Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 9-12-2017 by Ord. No. 2017-21. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:48-1 and N.J.S.A. 40:49-2, the Borough of Paramus hereby updates its ordinances governing the application for and issuance of permits for the construction and/or alteration of premises located within the Borough.
All prior ordinances that are inconsistent with this chapter shall be and hereby are repealed. All ordinances are hereby amended to be consistent with this chapter and all ordinances, including this one, shall be construed consistent with the express purpose of this chapter.
As used in this chapter and elsewhere in this title, the following words, terms or phrases shall have the following meanings ascribed in this section unless the context or subject matter requires otherwise:
A. 
BUILDING CODE — The State of New Jersey Uniform Construction Code, N.J.A.C. 5:23-1,1 et seq., as the same is adopted and may be amended from time-to-time by the Commissioner of the Department of Community Affairs, State of New Jersey.
B. 
BUILDING DEPARTMENT — The Paramus Building Construction Enforcing Agency established pursuant to Chapter 203 of the Paramus Code.
C. 
ACCEPTANCE OR ACCEPTED — In reference to construction documents, the endorsement by the Building Department of construction documents with less than full examination by the Building Department based on the professional certification of a registered design professional in accordance with a program established by the Construction Official.
D. 
APPROVAL OR APPROVED — In reference to construction documents, the determination by the Construction Official after full examination that submitted construction documents comply with the code and other applicable laws and rules. In reference to materials, the determination by the Construction Official that material is acceptable for its intended use.
E. 
APPROVED REGISTERED DESIGN PROFESSIONAL — A registered design professional that is approved by the Construction Official pursuant to and as directed by this chapter of the Paramus Code as qualified to certify as to construction documents to the Building Department pursuant to Section 181-4A below and/or to perform one or more of the inspections required by the Building Code, the Paramus Code, the rules of the Building Department and/or any other applicable laws, regulations or rules.
F. 
ARCHITECT — A person licensed and registered to practice the profession of architecture under the laws of the State of New Jersey.
G. 
CONSTRUCTION OFFICIAL — The Construction Official appointed by the Mayor and Council of the Borough pursuant to Chapter 203 of the Borough Code.
H. 
CONSTRUCTION DOCUMENTS — Plans and specifications and other written graphic and pictorial documents, prepared or assembled for describing the design, location, physical characteristics, and other elements of the project necessary for obtaining a permit authorizing the construction or alteration of a premises.
I. 
ENGINEER — A person licensed and registered to practice the profession of engineering under the laws of the State of New Jersey.
J. 
LAND SURVEYOR — A person licensed and registered to practice the profession of land surveying under the laws of the State of New Jersey.
K. 
LANDSCAPE ARCHITECT — A person licensed and registered to practice the profession of landscape architecture under the laws of the State of New Jersey.
L. 
OWNER — Any person, agent, firm, partnership, corporation or other legal entity having a legal and/or equitable interest in, and/or control of the premises.
M. 
PERSON — An individual, partnership, corporation or other legal entity.
N. 
PREMISES — Land, improvements thereon, or any part thereof.
O. 
PROFESSIONAL CERTIFICATION — A personal verification of a registered design professional made under such professional's signature and seal that accompanies construction documents and other related documents filed with the Building Department and that attests that such documents do not contain false information and are in compliance with all applicable provisions of law.
P. 
REGISTERED DESIGN PROFESSIONAL — An architect or engineer.
Q. 
REGISTERED DESIGN PROFESSIONAL OF RECORD — The registered design provisional who prepared or supervised the preparation of applicable construction documents filed with the Building Department.
R. 
SUBMITTAL DOCUMENTS — Completed application forms, construction documents, reports and any other documents submitted in compliance with the code or other applicable laws and rules including but not limited to special inspection reports, certifications or approvals from other governmental agencies and other data required by the Building Code or by the Building Department.
A. 
General. The Construction Official shall not issue a permit authorizing the construction and/or alteration of a premises pursuant to this chapter of the Borough Code unless and until it approves all required construction documents for such proposed work.
Construction documents, and any and all related documents, may be accepted by the Building Department with less than full examination by the Building Department based on the professional certification of an applicant who is a registered design professional.
B. 
Effect of acceptance. Except as otherwise specified in the Paramus Code or in the rules of the Building Department, for the purposes of this chapter of the Paramus Code, the acceptance of construction documents and other related documents in accordance with such program shall have the same force and effect as the approval of construction documents and other related documents after full examination by the Building Department. Except as otherwise specified in this code or in the rules of the Building Department, references in this code to approved construction documents and/or other related documents or to the approval of construction documents and/or other related documents shall also be deemed to refer to accepted construction documents and other related documents or to the acceptance of construction documents and other related documents, as applicable.
C. 
Applicant. The applicant for approval of construction documents shall be the registered design professional who prepared or supervised the preparation of the construction documents on behalf of the owner.
D. 
Applicant statements. The application for approval of construction documents shall contain the following signed and sealed statements by the applicant.
(1) 
A statement certifying that the applicant is authorized by the owner to make the application and certifying that, to the best of the applicant's knowledge and belief, the construction documents comply with the provisions of the Building Code and other applicable laws and rules; if there exist practical difficulties in the way of carrying out the strict letter of the Building Code, laws or rule, the applicant shall set forth the nature of such difficulties in such signed statement; and
(2) 
A professional certification.
E. 
Owner statement. The application shall contain a signed statement by the owner affirming that the applicant is authorized to make the application and, if applicable, acknowledging that construction documents and other related documents will be accepted with less than full examination by the Building Department based on the professional certification of the applicant. Such statement shall list the owner's full legal name and address, as well as the full legal names and addresses of the principal officers, members, partners or other principals if a corporation, partnership or other entity. Principal officers of a corporation shall be deemed to include the president, vice presidents, secretary and treasurer.
F. 
Information of applicant, filing representative and owners. The application shall set forth the full legal names, addresses, telephone numbers and where available, electronic mail addresses of the following persons and where any of such persons are corporations, partnerships or other business entities, the full legal names and addresses of the principal officers, partners, members or other principals of such entity.
(1) 
The applicant;
(2) 
The filing representative; and
(3) 
The owner.
A. 
General. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove or change the use or occupancy of any building or structure in the Borough, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert or replace any gas, mechanical, pluming, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the construction Official in accordance with the requirements of the Code.
B. 
Application for permit. All applications for permits shall be submitted on forms prescribed by the Building Code, the rules of the Building Department and/or any other applicable laws, regulations or rules.
C. 
Compliance with Building Code. Permits shall be deemed to incorporate the provisions that the applicant, the owner, their agents, employees, and contractors shall carry out the permitted work in accordance with the provisions of the Building Code, this chapter of the Paramus Code and other applicable laws, regulations or rules, whether specified or not, except as variations have been legally permitted or authorized.
A. 
General. An approved registered design professional shall satisfy the provisions of this chapter of the Paramus Code and the rules of the Building Department as to operations.
B. 
Qualification process. An architect or engineer seeking to be approved by the Construction Official as an approved registered design professional shall submit such a request in writing to the Building Department together with confirmation that the applicant meets the following qualifications for such approval:
(1) 
Licensed by the State of New Jersey as an architect or engineer at the time of application, including submission of a certificate of good standing issued by the State of New Jersey not more than 30 days prior to the time of application.
(2) 
At least 10 years' experience as an architect or engineer; and
(3) 
Proof of insurance coverage as required by this chapter of the Paramus Code.
The Construction Official may approve an architect or engineer with less than 10 years' experience (but not less than five years' experience) upon a finding by the Construction Official of an applicant's exceptional qualification in the subject field. The Construction Official shall not waive, or allow any deviation from, any other qualification an applicant must satisfy for designation as an approved registered design professional. The Construction Official may suspend or revoke an approved registered design professional or otherwise sanction an approved registered design professional for cause.
C. 
Independent. An approved registered design professional shall perform its authorized duties objectively and competently. An approved registered design professional shall disclose to the Construction Official possible conflicts of interest so that objectivity can be confirmed.
D. 
Written evaluation by approved registered design professional. An approved registered design professional's evaluation of material or report of an inspection shall be in writing which is required to be submitted to the Construction Official after satisfactory completion of the required inspection or test.
E. 
Records. An approved registered design professional shall maintain records of inspection(s) and test report(s) for a period of not less than six years following the date of the completion of the subject inspection(s) or test(s) or for such other period of time as the Construction Official shall determine to be appropriate and acceptable. An approved registered design professional shall make such records available to the Building Department upon request.
F. 
Insurance. An approved registered design professional shall not be deemed an employee of the Borough, but rather shall be an independent contractor whose actions and work shall not be considered as that of the Borough. In this regard, an approved registered design professional shall present separate evidence that it maintains in full force and effect with insurance carriers that are acceptable to the Borough the following policies of insurance at all times during the term of its status as an approved registered design professional:
(1) 
Workers Compensation Insurance in accordance with the provisions of the Workers' Compensation Law of the State of New Jersey, for each employee engaged to work on any project in the Borough;
(2) 
Comprehensive General Liability Insurance, with a combined single limit of at least $2,000,000.00; and
(3) 
Professional Liability Insurance with a combined single limit of at least $5,000,000.00.
A. 
General. Any work for which a permit is required shall be subject to inspection(s) in accordance with the Building Code, this chapter of the Paramus Code and other relevant laws, regulations and rules, and such work shall remain accessible and exposed for inspection purposes until the required inspection(s) has been deemed fully completed. A satisfactory inspection by the Building Department or the acceptance by the Building Department of a satisfactory report of an inspection by an approved registered design professional shall not be construed to be an approval by the Building Department of a violation of the provisions of the Building Code, this code or of any other provision of law. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. The permit holder shall be liable for any expense entailed in the removal or replacement of any material required to allow inspection.
B. 
Defective work and discrepancies with approved construction documents. An approved registered design professional conducting inspections shall report defective work and discrepancies with the approved construction documents to the contractor and, when applicable, to the Construction Official, for correction. The approved registered design professional shall report uncorrected discrepancies and defective work to the Construction Official and the registered design professional of record.
C. 
Hazardous conditions. The approved registered design professional shall report all conditions noted as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the Construction Official.
D. 
Special inspections, progress inspections and other inspections required during the progress of work. After the issuance of a permit, special inspections, progress inspections and other inspections required by the Building Code to be made during states of the work and in such manner as shall be provided by the Building Code or as otherwise required by the Construction Official. The permit application shall set forth an inspection program for the work. Such inspections may be made by an approved registered design professional or by the Building Department as provided in the Building Code, in this ordinance or in the rules of the Building Department. The Construction Official shall accept inspection and test reports from an approved registered design professional and the work may, unless otherwise specifically provided by the code provisions or directed by the Construction Official, proceed without any verifying inspection or test by the Building Department. The names and business addresses of special inspectors and any approved registered design professional shall be set forth in the work permit application. All inspection reports shall be in writing and signed by the person or entity performing the inspection. A record of all inspections shall be kept by the person performing the inspection. The Construction Official may require inspection reports to be filed with the Building Department. Records of inspections made by an approved registered design professional and/or special inspectors shall be maintained by such persons for a period of not less than six years after sign-off of the work or for such other period of time as the Construction Official may require and shall be made available to the Building Department upon request.
E. 
Final inspection prior to issuance of certificate of occupancy. In all cases where the permitted work requires the issuance of a new or amended certificate of occupancy, the final inspection shall be performed by the Construction Official or the registered design professional of record. Such inspection shall be performed after all work authorized by the subject permit is completed and before the issuance of the certificate of occupancy. All failures to comply with the provisions of the Building Code and/or approved construction documents shall be noted and the owner promptly notified thereof in writing. All defects noted in such inspection shall be corrected. Reports of such final inspections shall be maintained by the Building Department. The final inspection report shall confirm that defects noted have been corrected, that the work is in substantial compliance with the approved construction documents and with the Building Code, this chapter, the rules of the Building Department and with other applicable laws and rules and that all required inspections were performed.
Upon application, the Construction Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that the subject portion or portions of the building may be occupied and maintained in a manner that will not endanger public safety, health, or welfare.