Borough of Mount Arlington, NJ Chapter 67 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington as Chapter XI of the 1982 Compilation. Amendments noted where applicable.]

Editor's Note: Pursuant to Ordinance No. 11-09, adopted May 26, 2009, the Borough of Mount Arlington has entered into a Shared Services Agreement with the Township of Jefferson for Uniform Construction Code services.

§ 67-1 Establishment of Building Department.

There is hereby established in the Borough of Mount Arlington a State Uniform Construction Code enforcing agency to be known as the "Building Department," consisting of a Construction Official, Building Subcode Official, Fire Protection Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.

§ 67-2 Filling of positions.

Each official position created in § 67-1 hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23, provided that in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position. Appointments of said officials, unless otherwise provided by law or other sections of the Code of the Borough of Mount Arlington, shall be made by the Mayor with the advice and consent of the Council.

§ 67-3 Business office.

The public shall have the right to do business with the enforcing agency at the Municipal Building, except for emergencies and unforeseen or unavoidable circumstances.

§ 67-4 Appeals procedure.

Appeals from the decisions by the enforcing agency shall be made to the Morris County Board of Appeals pursuant to Article 15 of the New Jersey Uniform Construction Code Regulations.

§ 67-5 Construction fees.

[Amended 6-16-1986 by Ord. No. 86-7; 6-20-1990 by Ord. No. 90-8; 5-15-1991 by Ord. No. 91-10; 4-15-1992 by Ord. No. 92-4; 4-20-1994 by Ord. No. 94-2; 7-19- 1995 by Ord. No. 95-12; 3-20-1996 by Ord. No. 96-6; 2-18-1998 by Ord. No. 98-8; 3-21-2001 by Ord. No. 01-04; 3-11-2002 by Ord. No. 02-09; 3-12-2007 by Ord. No. 02-07; 5-26-2009 by Ord. No. 12-09; 3-3-2020 by Ord. No. 01-2020]

The fee for a construction permit shall be the sum of the subcode fees, administrative fees and miscellaneous fees listed in Subsections A through F hereof and shall be paid before the permit is issued.

A. Building subcode fees. The building subcode fees shall be as follows:

(1) For new construction, including additions, the fee shall be $0.43 per cubic foot of building or structure volume, provided that the minimum fee shall be $70.

(2) For open, large volume structures of Use Group F (Factory), S (Storage) and M (Mercantile), the fee shall be computed as follows: $0.40 per cubic foot for the first 250,000 cubic feet of volume; $0.38 per cubic foot for each cubic foot of volume between 250,001 and 500,000; and $0.30 per cubic foot in excess of 500,000 cubic feet.

(3) For renovations, alterations and repairs, the fee shall be $32 per $1,000 of estimated cost of work, provided that the minimum fee shall be $70. The fee for renovation, alteration and repairs of projects in excess of $500,000 shall be computed as follows: $30 per $1,000 of estimated cost of work for the first $500,000 and $20 per $1,000 of estimated cost in excess of $500,001. The minimum fee, if applicable, shall be the sum of the minimum fees charged for new construction and alterations, respectively.

(4) The fee for the installation of supplemental heating appliances (solid gaseous or liquid fuel) shall be $65 per appliance and shall include the installation of a chimney, flue or vent. If applicable, the fee for such installation shall be computed in addition to any and all fees for new constructions and alterations.

(5) The fee for the installation of a masonry fireplace shall be $65 and, if applicable, shall be computed in addition to any and all fees for new construction or alterations.

(6) The fee for a demolition permit issued for the removal (closure) of underground and aboveground storage tanks for combustible liquids (heating oil, waste oil, diesel fuel, gasoline, kerosene, etc.) shall be $250 per tank for all uses other than R-5. The fee for a permit issued for the removal (closure) of an underground or aboveground heating-oil storage tank from a single-family residential property (R-5) shall be $100 and $75 for an above ground tank.

(7) The fees for permits issued for the installation of swimming pools shall be: in-ground pools, $200; aboveground pools $100, each. For "pop-up" style pools, the fee shall be $25. For a hot tub or spa, the fee shall be $75. These fees shall be in addition to any electrical and plumbing subcode fees.

(8) The permit fee to erect temporary and miscellaneous structures for which volume cannot be computed, such as open framed towers and mast, shall be as follows:

(a) Structure, each (accessory to building of Use Group R-3 and R-5 only): $50.

(b) Structure, each (accessory to any other use group): $150.

(c) Communication tower or mast higher than 60 feet (each): $350.

(d) Antennas: $85 each.

(9) The fee for a permit to install fencing exceeding six feet in height shall be $10 per $1,000 of the estimated cost of work, provided that the minimum fee shall be $60.

(10) The fee for a permit to demolish a building shall be computed as follows: buildings of Use Group R-5 shall be $100; miscellaneous and accessory structures incidental to Use Group R-5 and larger than 100 square feet shall be $50; buildings and structures of all other use groups shall be $400.

(11) The fee for a permit to construct a sign shall be $3 per square foot of the surface area of the sign, provided that the minimum fee shall be $60. In the case of a double-faced sign, the area of the surface of only one side of the sign shall be used for the purposes of fee computation.

(12) The fee for the reinstatement of a lapsed permit under the building subcode shall be based upon the amount of work to be completed and shall be computed as required by § 67-5A(1) and (2).

(13) The fee for a permit issued for radon mitigation work in existing buildings of Use Group E and R shall be as follows: $45 for buildings of Use Group R-5; $75 for buildings of Use Groups R-1, R-2 and E (day-care facilities only); and $125 for all other buildings of Use Group E.

(14) The fee for a retaining wall associated with a Class 3 residential structure shall be $75 for a retaining wall with a surface area of 550 square feet or less and $150 for a retaining wall greater than 550 square feet. The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the estimated cost of construction in accordance with Subsection A(2).

B. Plumbing subcode fees. For the purpose of computing this fee, fixtures or stacks shall include but not be limited to lavatories, water closets, sinks, urinals, bathtubs, shower stalls, kitchen sinks, laundry tubs, floor drains, drinking fountains, dishwashers, clothes washers and similar devices. The plumbing subcode fees shall be as follows:

(1) For the filing of an application for new installation or the replacement of an existing fixture or fixtures and the subsequent inspections thereof, a minimum of $60 shall be charged for the first fixture, trap or stack, except as noted. The fee for all other fixtures or stacks shall be $30 per fixture, stack or device added to the first $50.

(2) The fee shall be $75 per special device for grease traps, oil separators, water-cooled air-conditioning units, dental units, sewer injectors, water-cooled refrigeration units, backflow preventers and other special devices not included as a fixture.

(3) A permit to install or replace an electric or gas-fired water heater or water-conditioning unit shall be $50. If included as a fixture, the fee shall be $20.

(4) The fee for a permit to install steam boilers or hot water boilers for all use groups except R-3 and R-5 shall be $100. For Use Groups R-3 and R-5, the fee shall be $50.

(5) The fee for a permit to install or replace a water or sewer service line shall be $60.

(6) The fee to install a lawn sprinkler system shall be $50.

(7) Subsoil drains. For subsoil drains to be installed in accordance with National Standard Plumbing Code (NSPC) 13.1.5, the fee shall be $50 for all buildings of Use Groups R-3 and R-5 and $100 for all other use groups.

(8) For all interceptors (including sand, grease, oil and flammable liquid interceptors) to be installed in accordance with NSPC (Chapter 6), the fee shall be $75 per system.

(9) The fee for the inspection of the disconnection, pumping, filling (or removal) of an individual sewage disposal system (NSPC 16.1.7) shall be $60.

(10) The fee for the reinstatement of a lapsed permit under the plumbing subcode shall be 25% of our present fees, calculated from the number of fixtures to be installed, provided that the minimum fee shall be $60.

(11) The fee for a permit to install gas piping to serve gas-fired mechanical equipment or fixtures shall be $100 for all use groups except R-3 and R-5. The fee for a permit to install similar gas piping shall be $50 for Use Groups R-3 and R-4.

(12) The fee for a permit to install fuel-oil piping and storage systems shall be $60 per tank for all use groups except R-3 and R-4. The fee shall be $60 for Use Groups R-3 and R-5.

(13) The fee for the required periodic reinspection of backflow preventers as required by N.J.A.C. 5:23-2.23(i) and the plumbing subcode shall be $150.

(14) The fee for a permit to install a LPG tank shall be $75 per tank.

C. Electrical subcode fees. The fee for electrical subcode requirements shall be the sum of the fees listed below. The minimum fee for electrical inspections shall be $60.

(1) Electrical fixtures and devices:

(a) From one to 50 receptacles, fixtures or switches: $60.

(b) Each additional 25 receptacles, fixtures or switches: $25.

(c) For the purpose of computing this fee, receptacles, fixtures or switches shall include lighting outlets, fluorescent fixtures, burglar alarm detectors, telephone outlets, smoke detectors, receptacles, intercom devices, heat detectors, thermostats and similar devices or motors of one horsepower or one kilowatt or less.

(d) The fee for the replacement of an electric water heater, boiler, or furnace shall be $40.

(e) The fee to install a rain sensor for a lawn sprinkler system shall be $40.

(2) Motors:

(a) One horsepower to 10 horsepower: $50.

(b) Ten and one-tenth horsepower to 50 horsepower: $65.

(c) Fifty and one-tenth horsepower to 100 horsepower: $125.

(d) One hundred and one-tenth horsepower and larger: $625.

(3) Electrical devices:

(a) One kilowatt to 10 kilowatts: $50.

(b) Ten and one-tenth kilowatt to 50 kilowatts: $65.

(c) Fifty and one-tenth kilowatts to 100 kilowatts: $125.

(d) One hundred and one-tenth kilowatts and larger: $625.

(4) Transformers or generators:

(a) One kilowatt to 10 kilowatts: $50.

(b) Ten and one-tenth kilowatts to 50 kilowatts: $65.

(c) Fifty and one-tenth kilowatts to 112.5 kilowatts: $125.

(d) Larger than 112.5 kilowatts: $625.

(5) Service equipment, including meter pan, service panel and service entrance:

(a) Zero to 200 amperes: $65.

(b) Two hundred and one-tenth to 300 amperes: $125.

(c) Three hundred and one-tenth amperes or larger: $625.

(6) For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:

(a) 225 amperes or less, the fee shall be $65.

(b) 226 to 1,000 amperes, the fee shall be $129.

(c) Greater than 1,000 amperes, the fee shall be $640.

(7) Construction pole service:

(a) Service: $65.

(b) One receptacle: $65.

(c) Total pole service: $125.

(8) Air conditioners: Apply motor schedule.

(9) Pools:

(a) In-ground pools (private): $85.

(b) In-ground pools (public): $200.

(c) Aboveground pools: $60.

(d) Reinspection of public swimming pools: $55.

(10) No fee shall be charged for a permit to install or replace furnaces, water heaters or exhaust fan motors for corrective work under the Radon Hazard Subcode and related wiring and controls for such appliances in existing buildings of Use Groups R-3 and R-5.

(11) The fee for the reinstatement of a lapsed permit under the electrical subcode shall be 25% of the original fee calculated, provided that the minimum fee shall be $60.

(12) For photovoltaic systems, the fee shall be based upon the kilowatt rating of the system as follows:

(a) One to 50 kilowatts, the fee shall be $65.

(b) Fifty-one to 100 kilowatts, the fee shall be $129.

(c) Greater than 100 kilowatts, the fee shall be $640.

D. Fire protection subcode fees. For the purpose of computing fees relating to the enforcement of the requirements incorporated in the subcode, fixtures shall include but shall not be limited to sprinklers, special suppression systems, smoke detectors and alarms and miscellaneous devices. The fee for permits requiring on-site inspections by the Fire Protection Subcode Official shall be as follows:

(1) The fees for permits requiring on-site inspections by the Fire Protection Subcode Official shall be calculated as follows: The charge for general fire protection permits for buildings of Use Groups R-3 and R-5 and for each dwelling unit of Use Group R-2 shall be $100 for a new construction and $50 for existing structures. The charge for a general fire protection permit involving a nonresidential use and, in the case of subdivided building and structures, for each area or tenant space entitled to receive a certificate of occupancy or certificate of approval, shall be $150. The fees indicated above shall include the installation of smoke and carbon monoxide detectors/alarms, exit signs and lights, means of egress lighting. Equipment and appliances incidental to the particular use, except supplemental heating appliances and sprinklers, shall be charged in addition to the special fees indicated in Subsection D(2), (3), (4), (5), (6), (7) and (8).

(2) Automatic sprinkler systems.

(a) The fee for a permit to install automatic sprinkler systems in buildings or structures of all groups except in buildings of Groups R-3, R-5 and R-2 shall be computed as follows:

Number of Heads	Fee
20 or fewer	$90
21 to and including 100	$170
101 to and including 200	$325
201 to and including 500	$800
501 to and including 1,000	$1,125
Over 1,000 heads	$1,500

(b) The fee for a permit to install automatic sprinkler systems in buildings of Groups R-3 and R-5 and in buildings of Group R-2 four stories or less in height shall be $75 per dwelling unit.

(3) The fee for a permit to install an automatic suppression system for commercial cooking surfaces, kitchen exhausts, grease removal devices and hoods shall be $150 each.

(4) The fee for a permit to install fire alarm systems shall be as follows:

(a) Manual systems shall be $100.

(b) Automatic systems shall be $200.

(5) The fee for a permit to install standpipes shall be as follows:

(a) Up to four inches in diameter shall be $100.

(b) Larger than four inches in diameter shall be $200 each.

(6) The fee for a permit to install underground (UST) and aboveground (AST) storage tanks for combustible and flammable liquids, including the tanks and piping, shall be as follows:

(a) Each aboveground combustible liquid storage tank 660 gallons in capacity or smaller and each underground combustible liquid storage tank 2,000 gallons in capacity or smaller shall be $75.

(b) Each aboveground combustible liquid storage tank larger than 660 gallons in capacity and each underground combustible liquid storage tank larger than 2,000 gallons in capacity shall be $150.

(c) The permit to install a tank (AST, UST) for flammable liquid storage serving a use other than a public garage or fuel service station shall be $300.

(d) The fee for a permit to install tanks for motor fuel, kerosene, fuel wastes and/or heating oil, fuel-dispensing equipment and piping in connection with the new construction, renovation/alteration of a public garage (service station) facility or site of Use Group S-1 shall be as follows:

[1] Fifty thousand gallons or less aggregate fuel storage capacity: $1,250.

[2] Fifty thousand one gallons or more aggregate fuel capacity: $2,000.

[3] Add for each fuel-dispensing station (pump): $100.

(7) The fee for a permit to install supplemental heating appliances (wood- or coal-burning stoves, fireplaces, etc.) shall be $65 per appliance and shall include the installation of a chimney, flue or vent. If applicable, the fee for such installation shall be computed in addition to any and all fees for new construction or alterations.

(8) The fee for the reinstatement of a lapsed permit under the fire protection subcode shall be 25% of our present fees, calculated from the number of fixtures to be installed, provided that the minimum fee shall be $45.

E. Administrative and miscellaneous fees.

(1) The fee for plan review shall be 20% of the amount to be charged for the construction permit. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.

(2) The fee for each construction permit issued for an asbestos hazard abatement project shall be $75.

(3) The charge for certification letters or letters of determination shall be $10.

(4) The charge for processing of refunds of construction fees shall be $10.

(5) The fee for a certificate of occupancy or a certificate of continued occupancy issued for any building or portion thereof in Use Group R-5 shall be $65. The fee for all other use groups shall be $100.

(6) The fee for a certificate of occupancy issued following the successful completion of an asbestos hazard abatement project shall be $50.

(7) The fee to process an application for a variance pursuant to N.J.A.C. 5:23-2.10 shall be $50.

(8) In the event that a private on-site inspection and plan review agency is designated to carry out the enforcement of one or more of the subcodes in the municipality, for the purpose of computing fees, the provisions of N.J.A.C. 5:23-4.18(j) shall apply. Further, the municipality shall be entitled to an administrative surcharge of 15% of the relevant subcode(s) permit fee(s).

(9) All fees computed in this schedule under the provisions of Subsections A, B, C, D, E and F, including state training fees, shall be rounded to the nearest dollar amount.

(10) The fee for a certificate of continued occupancy as outlined in N.J.A.C. 5:23-2.23(e) shall be $200.

(11) The fee for the first issuance and the renewal of a temporary certificate of occupancy shall be $30. Exception: There shall be no fee for the first issuance of the temporary certificate of occupancy, provided the certificate of occupancy fee is paid at that time.

(12) For cross connections and backflow preventers that are subject to testing and required reinspections, the fee shall be $100 per device.

F. The fee for mechanical permits of Use Group R-3 or R-5 shall be $70 for the first device and $30 for each additional device with the following exceptions:

(1) Each aboveground storage tank for combustible liquids shall be $75; and

(2) Each underground storage tank for combustible liquids shall be $100.

G. Waiver of construction permit surcharge and enforcing agent fees for construction to promote accessibility by disabled persons to existing structures or facilities. A disabled person, as defined in N.J.S.A. 52:27D-126e, or a parent or sibling of a disabled person shall not be charged any 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 public or private structure or any of the facilities contained therein, including the disabled person's own living unit or the living units of any parent or sibling where the permit is for the aforementioned purposes.

§ 67-6 Biannual report.

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the governing body biannually 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.

§ 67-7 State surcharge.

A. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0016 per cubic foot of volume of new 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 30, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due.

[Amended 3-15-1995 by Ord. No. 95-1]

B. 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 fee collected in the fiscal year.

§ 67-8 Conformity with other provisions.

In the event that said regulations now or hereafter adopted set mandatory standards, rules, fees or other matters that are inconsistent with the provisions of this chapter, then the provisions of this chapter shall be deemed amended to comply with the provisions of said regulations that are mandatory.

§ 67-9 Site plan for single-family detached dwellings and accessory uses.

A. For the use of a one-family residential lot with slopes of 15% or less and accessory uses thereto, a site plan prepared by a licensed land surveyor shall be submitted to the Construction Official for approval prior to the issuance of a building permit. The Construction Official shall determine, among other things, that adequate provision has been made for the following:

(1) Two parking spaces are provided in a private garage or paved parking area or driveway.

(2) A paved driveway to a service garage or parking area with a grade not to exceed 13%.

(3) Installation of usual utility services, such as water, sewer or electric.

(4) Grading plan to ensure adequate disposal of stormwater runoff and erosion control. The grading plan shall show the following elevations:

(a) The existing elevations at all property corners.

(b) The existing elevations at the center line of the road and the top of curb opposite the front property corners.

(c) The existing elevation of the sanitary sewer in the street or easement.

(d) The proposed elevation of the sanitary sewer at the house.

(e) The existing and proposed elevations of the ground at building corners and entire lot.

(f) The proposed first floor elevation of the house.

(g) The proposed garage floor elevation of the house.

(h) The location of the proposed building with respect to property lines.

B. For lots with slopes in excess of 15°, the applicant shall be required to comply with the provisions of Article X, Steep Slopes Development Control, of the Land Development Ordinance of the Borough of Mount Arlington and file an appropriate site plan with the Planning Board for approval in accordance with the provisions thereof. The Construction Official may also submit any other site plan to the Borough Engineer and/or Planning Board for review and recommendation.[1]

[1] Editor's Note: See Ch. 17, Land Development.

C. For the use of a one-family residential lot and accessory uses thereto, a foundation location survey prepared by a licensed land surveyor shall be submitted to the Construction Official for compliance with the Zoning Ordinance after completion of the foundation and prior to the commencing of framing of the building.[2]

[2] Editor's Note: See Ch. 17, Land Development.

D. For the use of a one-family residential lot and accessory uses thereto, an as-built survey prepared by a licensed land surveyor showing all as-built items and grades required on the site plan shall be submitted to the Construction Official for compliance prior to the issuance of a certificate of occupancy.

E. For accessory structures with less than 150 square feet of area, the aforementioned, requiring the preparation of documents by a licensed land surveyor, is hereby waived. Accurate documents shall be prepared and submitted by the applicant or his representative.