[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 12-27-76 as Ord. No. 76-61-J as Secs. 16-1 through 16-3 of the Revised General Ordinances.
Amendments noted where applicable.]
[Amended 8-24-92 by Ord. No. 92-31]
A.
There is hereby established in the Township of East Brunswick a State
Uniform Construction Code enforcing agency to be known as the "Division
of Construction Inspection," consisting of a Construction Official,
Building Official, Fire Protection Subcode Official, Elevator Subcode
Official and such other subcode officials for such additional subcodes
as the Commissioner of the Department of Community Affairs, State
of New Jersey, shall thereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the chief administrator
of the enforcing agency. The Administrator shall make or cause to
have made an analysis of the duties and responsibilities of the Construction
Official and all subcode officials and recommend to the Council a
position-classification plan.
[Amended 10-23-78 by Ord. No. 78-78]
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
Editor's Note: N.J.R.S. 52:27D-119 et seq.
C.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies and unforeseen
or unavoidable circumstances.
[Amended 9-26-05 by Ord. No. 05-28]
A.
There is hereby established a Construction Board of Appeals to hear
appeals from decisions by the enforcing agency. Such Board shall consist
of five members, plus one alternate member. At least one Board member
shall be a registered architect or licensed professional engineer
of building construction experience, and at least one Board member
shall be as qualified as a Plumbing Subcode Official and one as qualified
as an Electrical Subcode Official. No more than two Board members
shall be selected from the same business or profession. Each Board
member shall have had at least three years' experience in construction,
design or supervision as a licensed engineer or registered architect
or, in the alternative, five years' experience in construction, design
or supervision as an architect or engineer with a bachelor's degree
in architecture or engineering, respectively, from an accredited institution
of higher education or, as a further alternative, 10 years' experience
in construction, design, or supervision as a journeyman in a construction
trade or as a construction contractor, subcontractor or inspector.
At least one Board Member shall be certified as a NJ Fire Marshall
or Official by the Division of Fire Safety.
[Amended 9-26-05 by Ord. No. 05-28]
B.
The Mayor, with advice of Council, shall appoint the Board members
and any alternate members. For the members first appointed, the Mayor
shall designate the appointees' terms so that one shall be appointed
for a term of one year, one for a term of two years, one for a term
of three years and two for a term of four years. At the expiration
of such terms and thereafter, appointments shall be made for terms
of four years. Vacancies shall be filled for the unexpired term.
C.
The Mayor shall appoint such number of alternates, as may be appropriate,
for terms not to exceed four years or may, in the alternative, appoint
alternates on a case-by-case basis.
D.
No regular or alternate Board member may be a member of the enforcing
agency, the decisions of which are subject to the review of the Board.
E.
All members and alternate members shall serve without compensation.
F.
The Construction Board of Appeals is hereby authorized to appoint
an Attorney to represent it, the appointment being made at the first
regular meeting of the Board after January 1 of each year. The term
of the Attorney shall be for a period of one year or until the appointment
and qualification of his or her successor. The compensation to be
paid to the Attorney shall be established by the Township Council
in the annual municipal budget.
[Added 5-8-78 by Ord. No. 78-14]
G.
The Construction Board of Appeals application for an appeal shall
require a fee of $200.
[Added 9-26-05 by Ord. No. 05-28]
[Amended 1-26-1981 by Ord. No. 81-324; 9-14-1981 by Ord. No. 81-394; 1-31-1983 by Ord. No. 83-492; 2-16-1988 by Ord. No. 88-899; 3-14-1988 by Ord. No. 88-904; 5-22-1989 by Ord. No. 89-30; 12-26-1990 by Ord. No. 90-71; 1-6-1992 by Ord. No. 91-85; 8-24-1992 by Ord. No. 92-31; 4-11-1994 by Ord. No. 94-20; 4-28-2003 by Ord. No. 03-15; 9-26-2005 by Ord. No. 05-28; 6-25-2007 by Ord. No. 07-20; 4-7-2014 by Ord. No. 14-03; amended 6-24-2019 by Ord. No. 19-17]
The fee for a construction permit shall be the sum of the subcode
fees listed in Subsection A through L hereof and shall be paid before
the permit is issued.
A.
The building subcode fees shall be:
(1)
New construction: $0.05 per cubic foot of building or structure volume unless the exception in Subsection A(1)(a) applies. The minimum fee shall be $200.
(a)
Exception: for Use Group S-1, S-2, F-1 or F-2, large volume
buildings exceeding 100,000 cubic feet of total structure volume,
the fee shall be $0.04 per cubic foot of building or structure volume.
(2)
Renovations, alterations and repairs: $30 per $1,000 of estimated
cost of the work, provided that the minimum fee shall be $75.
(a)
Determining estimate costs. The applicant shall submit to the
Division of Construction Inspection the estimate cost data produced
by an architect, engineering, estimating firm or a bonafide contractor's
bid price. The Division shall make the final decision regarding estimate
cost. A copy of the contract is to be provided.
(b)
Fees based on cost per $1,000 shall include any part of a $1,000.
(4)
Combinations of renovations and additions: the sum of the fees computed
separately as renovations and additions.
(a)
Fee for reinstatement of a lapsed permit shall be 20% of the
cost of the permit, for permits less than one year from date of issue.
(5)
Fences over six feet in height for all use groups and around swimming
pools as barrier for Residential R-5 use groups shall be $75 and $200
for all other use groups.
(6)
Sheds: $0.05 per cubic foot. The minimum fee shall be $100.
(7)
Siding: The minimum fee shall be $75 or $30 per $1,000 of the estimated
cost of construction.
(8)
Re-roof: The minimum shall be $75 or $30 per $1,000 of the estimated
cost of construction.
(10)
Heating devices or chimney:
(a)
Masonry chimney. The minimum fee shall be $75 or $30 per $1,000
of the estimated cost of construction.
(b)
Metal chimney. The minimum fee shall be $75 or $30 per $1,000
of the estimated cost of construction.
(c)
Furnaces, HVAC ductwork residential R-5. The minimum fee shall
be $75 or $30 per $1,000 of the estimated construction cost. All other
use groups: The minimum fee shall be $200 per system or $30 per $1,000
of the estimated construction cost.
(d)
Fireplaces: $150.
(e)
Radon systems: $75.
(11)
Decks: $30 per $1,000 of estimated cost of construction with a minimum
fee of $75.
(12)
Temporary structures: Fee shall be $100.
(14)
Fees for application of a variation:
|
Class I structure
|
$500
|
|
Class II structure
|
$300
|
|
Class III structure
|
$200
|
(15)
Fees for annual construction permits:
|
1-25 workers
|
$325
|
|
Each additional worker over 25
|
$125
|
|
Training Registration per Subcode
|
$140
|
(16)
Change of contractor after a permit has been issued: $50.
(17)
Revised or updated plans minimum fee: $65.
B.
The plumbing subcode fees fee shall be:
(1)
Based upon the number of plumbing fixtures and plumbing stacks to be replaced or installed. The cost per fixture or stack shall be $25 per unit, except as listed in Subsection B(2).
(2)
The fees for the installation of a grease trap, oil interceptor,
water-cooled air conditioner and other special equipment or devices
shall be $150.
(3)
Fees for the installation or replacement of a building sewer, septic
systems or water service lines shall be based upon the number of fixtures
to be serviced. The cost shall be $25 per fixture. There shall be
a minimum fee of $100 for a sewer installation and $100 for water
service installation.
(4)
Fees for the installation of leaders and area drains shall be $20,
Residential R-5 and $50, all other use groups, per leader or area
drain.
(5)
Fees for the installation of a building storm sewer system shall
be:
|
Under 8 inches
|
$100
|
|
Under 12 inches
|
$150
|
|
Under 24 inches
|
$250
|
|
24 inches and up
|
$350
|
(6)
For the purpose of computing fees, fixtures or stacks shall include,
but not be limited to, lavatories, kitchen sinks, slop sinks, sinks,
urinals, water closets, bathtubs, shower stalls, laundry tubs, floor
drains, drinking fountains, dishwashers, garbage disposals, clothes
washers, hot-water heaters, dental chairs, air cooled air-conditioners,
sump pumps and/or similar devices.
(a)
Gas boiler and heater installation fee: $150 or $15 per $1,000
of the estimated cost of construction for new or replacement installations,
except replacement of Residential R-5 boilers or heaters shall be
$45; gas pool heater, $100; roof-top units, $100.
(b)
Annual backflow test and Inspection: $100, except for residential
R-5 use groups.
(c)
Residential air conditioning, $35; and all other use groups,
$75.
(7)
There shall be a minimum charge for any plumbing subcode permit of
$50 or $25 per $1,000 of the plumbing cost. Residential R-5 backflow
device fee shall be $50. Other use groups backflow device fee shall
be $15 per $1,000 or a minimum fee of $200.
(8)
Gas piping fees.
|
Piping
(inches)
|
Fee
|
|---|---|
|
3/8 to 1
|
$50
|
|
1 1/4 to 2 1/2
|
$75
|
|
3 to 6
|
$100
|
|
Over 6
|
$200
|
(9)
Change of contractor after a permit is Issued: $50.
(10)
Capping water and sewer with structure demolition: $75.
(12)
Sump pump: $50.
(13)
Revised or updated plans: minimum fee $65.
C.
The electrical subcode fees shall be as follows:
(1)
Receptacles and fixtures (including solar - per panel).
(a)
1 to 25 receptacles and fixtures: $75.
(b)
26 to 50 receptacles and fixtures: $125.
(c)
51 to 75 receptacles and fixtures: $165.
(d)
76 to 100 receptacles and fixtures: $205.
(e)
101 to 125 receptacles and fixtures: $245.
(f)
126 to 150 receptacles and fixtures: $285.
(g)
151 to 175 receptacles and fixtures: $325.
(h)
176 to 200 receptacles and fixtures: $365.
(i)
For the purpose of computing this fee, receptacles or fixtures
shall include lighting outlets, wall switches, fluorescent fixtures,
convenience receptacles or similar fixtures and solar panels.
(j)
At-home
electric vehicle (EV) chargers: $95.
[Added 6-26-2023 by Ord. No. 23-19]
(2)
Motors and electric devices.
(a)
For each motor or electric device of less than one horsepower
or one kilowatt, the fee shall be in the amount of $40.
(b)
For each motor or device of from one horsepower or one kilowatt
to five horsepower or five kilowatts, the fee shall be in the amount
of $65.
(c)
For each motor or device of greater than five horsepower or
five kilowatts, the fee shall be in the amount of $50 plus $5 for
each increment of five horsepower or five kilowatts up to 50 horsepower
or 50 kilowatts; and, thereafter, the fee shall be increased $5 for
each increment of 10 horsepower or 10 kilowatts.
(d)
For the purpose of computing this fee, all motors shall be counted,
including control equipment; generators, transformers and all heating;
cooking or other devices consuming or generating electric current.
(3)
Service panels or sub panels or branch circuit feeders.
(a)
For each service panel or sub panel of 100 amperes' capacity
or less, the fee shall be in the amount of $95.
(b)
For each service panel or sub panel of greater than 100 amperes'
capacity, the fee shall be:
|
Capacity (amperes)
|
Fee
|
|---|---|
|
101 to 200
|
$115
|
|
201 to 400
|
$145
|
|
401 to 1,000
|
$370
|
|
Over 1,000
|
$520
|
(c)
For the purposes of computing this fee, the term "service panel
or sub panel" shall include service conductors, feeders, switchboards,
switches and panelboards.
(d)
Branch circuit feeders relocated, replacement, added to or original
equipment altered: the fee shall be in the amount of $75.
(4)
(Reserved)
(5)
There shall be a minimum charge for any electrical subcode permit
of $75.
(6)
Electrical fee for swimming pools, hot tub/spa shall be $95.
(a)
For the purpose of computing this fee, the term "swimming pool"
shall include filter, heater, pumps, receptacle and lights associated
with the pool.
(7)
Bonding of in ground swimming pools: $125.
(8)
Annual commercial pool inspection: $175.
(9)
Electric sign permit fee: $95.
(10)
Residential air conditioner: $45 replacement; $75 new installation.
(11)
Commercial air conditioner: $95.
(12)
Whirlpool: $75.
(13)
Protective signaling systems, including fire, burglar, lawn sprinklers
and all low-voltage wiring:
(14)
Trailers: each unit: $120.
(15)
Mobile homes, each unit: $120.
(16)
Modular homes: apply fee schedule.
(17)
Modular office panels, each unit: $35.
(20)
There shall be a minimum charge for any electrical subcode permit
and utility loan management device inspection of $30.
(21)
Change of contractor after a permit is Issued: $50.
(22)
Disconnection of service with structure demolition: $70.
D.
The fee for a demolition permit shall be $200 for a one- or two-family
residence (Use Group R-5 of the Building Subcode) and $300 for all
other use groups. See Fire Section 19.
E.
The fee for a permit for removal of one building from one lot to
another or to another location on the same lot shall be in the amount
of $25 per $1,000 of the estimated cost of moving the buildings, estimated
cost of new foundations and all work necessary to place the building
in its completed condition in the new location, provided that the
minimum fee shall be $100.
F.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. The amount paid for this fee shall be credited toward the
amount of the fee to be charged for the construction permit.
G.
The fee for a permit to construct a sign shall be $2.50 per square
foot of the surface area of the sign, provided that the minimum fee
shall be $100. In the case of double-faced signs, the area of the
surface of only one side of the sign shall be used for purposes of
the fee computation.
H.
Certificate of occupancy.
(1)
A fee for a certificate of occupancy shall be required for all new
construction, additions, alterations or renovations, in the amount
not less than 10% of the permit fee with a minimum fee of $100.
(a)
A certificate of occupancy fee for all new commercial buildings
or additions shall be 10% of the permit fee with a minimum fee of
$100.
(b)
A certificate of occupancy fee for commercial renovation, repair
or alteration shall be 10% of the permit fee with a minimum of $100.
(c)
Spec. buildings, malls and similar structures: certificate of
occupancy for each tenant shall be $100.
(d)
The certificate of occupancy fee for all new residential buildings
or additions shall be 10% of the permit fee with a minimum fee of
$100.
(e)
The certificate of occupancy fee for residential renovation
or alteration shall be 10% of the permit fee with a minimum fee of
$100.
(f)
The certificate of occupancy fee for residential additions,
renovations or alterations shall be payable at the time the permit
is issued.
(g)
Inspection fee for minimum health and safety requirements for
existing building shall be $50 for Residential R-5 and $100 for other
use groups.
(h)
The fee for each reinspection of existing buildings shall be
$50.
(2)
The fee for a certificate of continued occupancy shall be $75 for
Residential R-5 and $200 for other use groups.
(a)
A certificate of continued occupancy shall be required for a
change of owner or tenant in all use groups except Residential R-5.
(3)
The fee for a certificate of occupancy granted pursuant to change
of use shall be $200.
(4)
An application processing fee shall be collected and shall be nonrefundable
when a construction permit is submitted for review.
|
Residential R-5 one- and two-family homes
|
|
Alteration/renovation: $75
|
|
Addition: $125
|
|
New house: $400
|
|
All other use groups
|
|
Alteration/renovation: $350
|
|
Addition: $550
|
|
CCO application: $75
|
|
New building: $1,500
|
(5)
A nonrefundable prior approval review fee shall be collected with
all construction permit applications submitted for review:
|
R-5 Residential one- and two-family homes
|
|
Addition, alteration or renovation: $25
|
|
New home: $100
|
|
All other use groups
|
|
CCO application: $25
|
|
Alteration/renovation: $200
|
|
Addition: $300
|
|
New building: $500
|
I.
Elevator/escalator fees:
(1)
The department fees for witnessing acceptance tests and performing
inspections shall be as follows:
(a)
The basic fees for elevator devices in structures not in Use
Group R-3 or R-4 shall be as follows:
(c)
The Department fee for elevator devices in structures in Use
Group R-3 or R-4 shall be $150. This fee shall be waived when signed
statements and supporting inspection and acceptance test reports are
filed by an approved qualified agent or agency in accordance with
N.J.A.C. 5:23-2.19 and 2.20.
(d)
The fee for witnessing acceptance tests of, and performing inspections
of, alterations shall be $150.
(2)
The Department fees for routine and periodic tests and inspections
for elevator devices in structures not in Use Group R-3 or R-4 shall
be as follows:
(b)
The fee for the one-year-period inspection and witnessing of
tests of elevator devices, which shall include a six-month routine
inspection, shall be:
(d)
The fee for the three-year or five-year inspection of elevator
devices shall be as follows:
(3)
When the Department is the enforcing agency, the fees set forth in Subsection I(2) above shall be paid annually in accordance with the following schedule, which is based on the average of the fees to be collected over a five-year period:
J.
Fire subcode fees as follows:
(1)
Fees for sprinklers:
|
1 to 20 Heads
|
$125
|
|
21 to 100 Heads
|
$200
|
|
Each additional head over 100 heads
|
$2
|
|
+ Additional fee for each sprinkler riser
|
$200
|
|
+ Each standpipe riser
|
$230
|
|
+ Hydraulically designed systems calculations @
|
$75
|
|
+ Fire pumps
|
$300
|
|
+ Water storage tanks for fire protection systems
|
$400
|
|
+ Fire flow test for design first hydrant
|
$75
|
|
Each additional hydrant test for same site
|
$25
|
|
+ Site fire protection underground and mains
|
$200
|
(2)
Range hood extinguishing systems:
|
Wet chemical: $150
|
|
Dry chemical: $150
|
|
Co2 suppression: $150
|
(3)
Kitchen and hazardous hood exhaust system:
|
Type 1: $150
|
|
Type 2: $100
|
|
Residential kitchen exhaust hood: $35
|
(4)
Foam fire suppression systems: $150.
(5)
Pre-engineered fire suppression systems: $150.
(6)
Heating devices (HVAC).
|
Residential heating units, new
|
$75 per unit
|
|
Replacement R-5 unit of same fuel type
|
$35 per unit
|
|
Commercial heating units
|
$100 per unit
|
(7)
Fireplace review: $75.
(8)
Automatic fire alarm panel, replacement only: $150 or $100 per 10,000
square feet.
|
Fire alarm panel with system
|
$150
|
|
Central station alarms
|
$100
|
|
Manual fire alarm systems
|
$75 for first device and $15 each additional
|
|
Duct smoke detector
|
$65 for first 10 devices and $20 each additional
|
|
Residential smoke detectors
|
$65
|
|
Smoke, heat, CO detectors and water flow
|
$75 for first five devices and $15 each additional
|
|
Signaling devices
|
$75 for first 15 devices and $15 each additional
|
|
Supervisory devices
|
$75 for first 15 devices and $15 each additional
|
|
Flame or beam smoke detectors
|
$75
|
|
Security locks to fire system
|
$75 for two locks and $15 each additional
|
(9)
Smoke removal systems: $400.
(10)
Tank installation: all aboveground and below ground.
|
0 to 600 gallons
|
$150
|
|
601 to 1,100 gallons
|
$200
|
|
1,101 to 2,000 gallons
|
$250
|
|
Over 2,001 gallons
|
$400
|
(11)
The minimum fire subcode fee shall be $25 per $1,000 of the job cost
with a minimum of $65.
(12)
Incinerator and crematorium: $365.
(13)
Change of contractor after a permit is issued: $50.
(14)
Elevator recall: $150.
(15)
Emergency lights and exit lights: $65 for first five units and $20
each additional.
(16)
Emergency and voice communication systems: $250.
(17)
Generator systems: $100.
(18)
Spray booth: $200.
(19)
Tank demolition:
|
Up to 275 gallons
|
$125
|
|
276 to 1,000 gallons
|
$150
|
|
Over 1,000 gallons
|
$300
|
(20)
Revised or updated plans: minimum fee $65.
K.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the East Brunswick Township Council, annually,
a report recommending a fee schedule based on the operating expenses
of the agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.[1]
[1]
Editor's Note: N.J.R.S. 52:27D-119 et seq.
L.
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the regulations,[2] the enforcing agency shall collect, in addition to the
fees specified above, a surcharge fee of $0.00371 or as amended by
Department of Community Affairs (DCA) per cubic foot of volume of
new construction, new buildings, and additions. Volume shall be computed
in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction
shall be $1.35 per $1,000 of value of construction. Said surcharge
fee shall be remitted to the Bureau of Housing Inspection, Department
of Community Affairs, on a quarterly basis for the fiscal quarters
ending September 30, December 31, March 31 and June 30, and not later
than one month next succeeding the end of the quarter for which it
is due. In the fiscal year in which the regulations first become effective,
said fee shall be collected and remitted for the third and fourth
quarters only.
[2]
Editor's Note: "The regulations" refers to the regulations
established by the Commissioner of the Department of Community Affairs.
M.
The enforcing agency shall report, annually, at the end of each fiscal
year to the Bureau of Housing Inspection, and not later than July
31, the total amount of the surcharge fees collected in the fiscal
year. In the fiscal year in which the regulations first become effective,
said report shall be for the third and fourth quarters only.
[Added 10-12-81 by Ord. No. 81-408]
The East Brunswick Chief Construction Official is hereby designated
as the municipal officer who shall take remedial action with regard
to buildings or structures which are unfit for human habitation, occupancy
or use.
[Added 1-31-83 by Ord. No. 83-488; amended 9-26-05 by Ord. No. 05-28; 3-9-09 by Ord. No. 09-06]
On all applications for construction permits, change of use,
tenant or owner, the applicant shall file a detailed statement with
the Director of the Department of Planning and Engineering and apply
to the Construction Official for a Continuing Certificate of Occupancy
except R-5 Residential use group setting forth the existing use of
the land and buildings which are the subject of the application and
the proposed use of the land and buildings including, but not limited
to, the following:
(a)
Number and type of employees;
(b)
Present and proposed activity on the premises;
(c)
Present and proposed customers or clientele, whether retail or wholesale;
(c1)
Drawing or Sketch of Layout and Floor Plan of existing
Structure(s);
(d)
Such other information which may reasonably be required by the Director
of the Department of Planning and Engineering to determine whether
or not a change of use is proposed which would necessitate an application
for site plan approval.
[Added 5-22-89 by Ord. No. 89-30; amended 1-27-03 by Ord. No. 03-01]
This section is hereby repealed by the enactment of the New
Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq)
All ordinances or parts of ordinances inconsistent with or in
conflict with this chapter are hereby repealed to the extent of such
inconsistency, including but not limited to Section 2-6.5e, Construction
Board of Appeals; Chapter XIV, Plumbing; and Sections 16-1 through
16-6, inclusive, of the Building Code. Section 16-7, Building Contractor
Registration and Security, is specially saved from repeal.
Editor's Note: Section 2-6.5e of the Revised General Ordinances
formerly created a Construction Board of Appeals within the Division
of Code Management Services within the Department of Administrative
Services. Chapter SIV of the Revised General Ordinances was adopted
6-13-66 as Ord. No. 66-54 and amended 7-25-66 by Ord. No. 66-54-A;
8-12-68 by Ord. No. 68-54B; 9-23-68 by Ord. No. 68-118; 12-9-68 by
Ord. No. 68-54C; 4-14-69 by Ord. No. 69-134; 5-26-69 by Ord. No. 69-54-D.
Sections 16-1 through 16-6 of the Revised General Ordinances were
adopted 10-22-63 and amended 7-15-66 by Ord. No. 66-61; 9-23-68 by
Ord. No. 68-118; 11-13-68 by Ord. No. 68-61-B; 5-14-73 by Ord. No.
73-61-G; 9-9-74 by Ord. No. 74-61-I; 10-29-74 by Ord. No. 74-135-K;
11-11-74 by Ord. No. 74-61-J; 10-6-75 by Ord. No. 75-134-C.
Editor's Note: See Ch. 78, Contractors, Building.
[Added 11-8-99 by Ord. No. 99-44]
A.
No person shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing single family attached or detached
residential structure, or a two family residential structure or any
of the facilities contained therein.
B.
A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, re-construction, alteration
or improvement which promotes accessibility to his or her own living
unit.
C.
For the purposes of this section, "disabled person" means a person
who has a total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness, and shall include, but
not be limited to, any resident of the State of New Jersey who is
disabled pursuant to the federal Social Security Act (42 U.S.C.§ 416),
or the federal Railroad Retirement Act of 1974 (45 U.S.C. § 231
et seq.), or is rated as having a 60% disability or higher pursuant
to any federal law administered by the United States Veterans' Act.
For purposes of this paragraph "blindness" means central visual acuity
of 20/200 or less in the better eye with the use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle
no greater than 20 degrees shall be considered as having a central
visual acuity of 20/200 or less.
