Township of Washington, NJ Chapter 56 Building Construction

[HISTORY: Adopted by the Township Committee of the Township of Washington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Moving of buildings — See Ch. 60.

Land use procedures — See Ch. 111.

Property maintenance — See Ch. 148.

Streets and sidewalks — See Ch. 172.

Zoning — See Ch. 217.

Housing standards — See Ch. 240.

Article I General Building Regulations

[Adopted 12-20-1971 as Sec. 12-1 of the Revised General Ordinances]

§ 56-1 Liability of Building Subcode Official.

The Building Subcode Official or any employee charged with the enforcement of this code acting in good faith and without malice for the township in the discharge of his duties shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Subcode Official or employee, because of such act or omission performed by him in the enforcement of any provision of this code, shall be defended by the legal department of the township until final termination of the proceedings.

§ 56-2 Right of entry.

The Building Subcode Official, in the discharge of his official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

§ 56-3 Definitions.

As used in the Building Code, the following terms shall have the meanings indicated:

CORPORATION COUNSEL

The Township Attorney.

MUNICIPALITY

The Township of Washington.

§ 56-4 Size of dwellings.

[Amended 2-16-1981 by Ord. No. 4-81]

A. All new dwellings and buildings being converted into living quarters shall have a minimum size of 1,200 square feet of habitable area with a minimum of 900 square feet on the ground floor (the floor containing the living room, dining room and kitchen, no part of which shall be below grade). This required area shall be exclusive of porches, breezeways, garages, basement recreation rooms, laundries, furnace rooms, utility rooms and workshops. No basement room which has more than 1/2 of its clear ceiling height above the average adjoining finish grade shall be considered to be a habitable area. Any habitable basement room shall comply with all requirements of the code with regard to windows, lighting and ventilation.

B. Any person aggrieved by the minimum floor space requirements established in Subsection A shall have a right of appeal to the Township Committee. Such appeal shall be in writing and shall set forth a brief statement indicating how many square feet are proposed and why relief from the minimum floor space requirements should be granted. If the petitioner requests a hearing, that request should also be made in writing. Upon receipt of the notice of appeal, the Township Committee shall set a time and place for a hearing, if one was requested, and shall give the petitioner written notice thereof. If, upon consideration of all pertinent facts, the Township Committee is satisfied that the requested deviation from the minimum floor space requirements will not adversely affect the public health, safety or morals, it shall adopt a resolution permitting the deviation.

§ 56-5 Driveway construction.

[Added 12-17-1979 by Ord. No. 75-79;[1] amended 12-15-1980 by Ord. No. 50-80]

A. Construction permits. No construction permit shall be issued for the construction of, alteration of or addition to any structure that will require access for a motorized vehicle without first obtaining a driveway construction permit (Chapter 172, Streets and Sidewalks, Article III, Driveway Construction) and completing all that is required thereunder, except the final surface course, as described by Chapter 172, Streets and Sidewalks, § 172-23C(2). This final surface course must then be completed at any time prior to the issuance of a certificate of occupancy for that particular structure. This requirement shall not be deemed necessary where driveway construction has been included in the performance guaranty and/or other guaranties for improvements, such as in new approved major subdivisions under construction.

B. Certificates of occupancy; performance bonds.

(1) No certificate of occupancy shall be issued for the construction of, addition to or alteration of any structure which has an incomplete driveway, as indicated by the driveway permit described in Chapter 172, Streets and Sidewalks, Article III, Driveway Construction, and further described by the specific requirements in the driveway permit issued for that structure.

(2) In the event that the final surface course, as described by Chapter 172, Streets and Sidewalks, § 172-23C(2), cannot be completed prior to the time of application of a certificate of occupancy because of the winter season restrictions, i.e., frost, unavailable materials, etc., then the Township Superintendent of Public Works or his designated nominee may waive this requirement until a more favorable time. This extension of time shall not exceed six months (180 days) from the issuance of a certificate of occupancy. This waiver will be applicable only after the applicant has posted a performance guaranty in the form of cash or certified check in an amount to cover 150% of the estimated cost of said work, as determined by the Township Superintendent of Public Works or his designated nominee.

(3) Upon completion and approval of the final surface course, the applicant shall present a written request for release of his performance guaranty. The Township Clerk will then act in conjunction with the governing body to effect said release with the written confirmation of the Superintendent of Public Works.

[1] Editor's Note: Section 3 of this ordinance provided as follows: "Nothing in this ordinance is intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder."

Article II Uniform Construction Codes [1]

[Adopted 3-21-1977 (Ch. XIIA of the Revised General Ordinances)]

[1] Editor's Note: N.J.S.A. 52:27D-119 et seq. provides for the enforcement of New Jersey's uniform construction codes by the municipalities.

§ 56-6 Enforcing agency.

A. Established; composition. There is hereby established in the Township of Washington a State Uniform Construction Code enforcing agency, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection 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 hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.

B. Qualifications. Each official position created by Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 (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 to hold each such position.

C. Single office location. 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.

§ 56-7 Fees.

[Added 5-20-1991 by Ord. No. 11-91[1]; amended 3-17-1997 by Ord. No. 10-97; 4-21-2003 by Ord. No. 10-03; 4-21-2008 by Ord. No. 05-08]

A. Construction permit fees.

(1) Building subcode fees. The building subcode fee shall be as follows:

(a) New construction. New construction permit fees shall be based upon the volume of the proposed structure, and the rate per cubic foot shall be determined by the proposed use pursuant to Section 302.0, Use Group Classification, of the International Building Code/2006, NJ Edition. Fees shall be as established in New Jersey Administrative Code 5:23-4.20(c)(2), as may be amended from time to time.

[Amended 5-18-2009 by Ord. No. 06-09]

(b) Renovations; alterations; repairs. Permit fees for renovations, alterations and repairs shall be based upon the estimated cost of the work and be as established in New Jersey Administrative Code 5:23-4.20(c)(2), as may be amended from time to time.

[Amended 5-18-2009 by Ord. No. 06-09]

(c) The minimum fee shall be $50.

(d) Permit fees for additions. Permit fees for additions shall be computed on the same basis as for new construction for the added portion.

(e) Combination renovations and additions. For combination renovations and additions, the fee shall be computed as the sum of the fees computed separately in accordance with Subsection A(1)(b) and (d) above.

(f) Temporary structures (i.e., tents, construction trailers and similar structures): $25 each.

(g) Pools:

[1] Aboveground: $100.

[2] Inground: $250.

(h) Siding and roofing

Estimated Cost	Fee
Up to $5,000	$100
Over $5,000	$200

(2) Plumbing subcode fee. The plumbing subcode fee shall be as follows:

[Amended 3-15-2010 by Ord. No. 08-10]

(a) A fee of $20 for each fixture or stack for all fixtures, except as listed in Subsection A(2)(b) through (g). The minimum fee shall be $50. For the purposes of computing this fee, fixtures or stacks shall include, but not be limited to, lavatories, kitchen units, slop sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, dishwashers, clothes washers, drinking fountain, roof drain.

(b) A fee of $50 for each sewer pump.

(c) A fee of $75 for each backflow preventer (lawn sprinkler), installation or demolition of liquid propane or oil tank, and commercial heating and equipment. A flat fee of $75 for fuel oil/gas piping (up to three fixtures).

(d) A fee of $80 for each water heater, water service, and sewer connection.

(e) A fee of $100 per special device for grease traps, interceptor/separators, water conditioners, hot water boilers, steam boilers or similar devices.

(f) A flat fee of $100 for cross connections and backflow preventers subject to testing and requiring reinspection.

(g) A fee of $300 for each water-cooled air conditioning or refrigerant unit.

(3) Electrical subcode fee. The electrical subcode fee shall be as follows:

[Amended 3-15-2010 by Ord. No. 08-10]

(a) Devices. Includes total of lighting fixtures, receptacles, switches, detectors, light poles, fractional HP motors, emergency and exit lights, communication points and alarm devices/fire alarm control panel(s).

[1] First 15 items: $40.

[2] Each additional 20 or portion of 20 items: $25.

(b) Pools.

[1] Pool permit: $100 each.

[2] Pool permit w/underwater light(s): $125 each.

[3] Storable pool, spa, hot tub: $75 each.

[4] Annual inspection of commercial pools, spas, or hot tubs [per N.J.A.C. 5:23-4.18(1)]: $100 each.

(c) Motors and apparatus rated in/by horsepower. Includes, but is not limited to, garbage disposal, space heater/air handler, all other motors 1 HP and over, equal to or greater than:

[1] One HP up to five HP: $20 each.

[2] Five HP up to 50 HP: $75 each.

[3] Fifty HP up to 100 HP: $200 each.

[4] Greater than 100 HP: $600 each.

(d) Transformers and apparatus rated in/by kilowatt. Includes, but is not limited to electric range/receptacle, oven/surface unit, electric water heater, electric dryer/receptacle, dishwasher, central A/C unit, space heater/air handler, baseboard heat, transformers/generators, electric sign lighting, equal to or greater than:

[1] One KW up to five KW: $20 each.

[2] Five KW up to 50 KW: $75 each.

[3] Fifty KW up to 100 KW: $200 each.

[4] Greater than 100 KW: $600 each.

(e) Service panels and MCCs rated in amperes. Includes, but is not limited to, service, subpanels, motor control center, equal to or less than:

[1] Two hundred amperes: $75 each.

[2] Two hundred amperes up to 600 amperes: $250 each.

[3] Greater than 600 amperes: $800 each.

(f) Photovoltaic systems, including micro-inverters: fee based on the designated kilowatt rating of the solar photovoltaic system as follows:

[Amended 7-15-2019 by Ord. No. 12-19]

[1] One KW up to 17 KW: $100 each.

[2] Eighteen KW up to 50 KW: $200 each.

[3] Fifty-one KW up to 100 KW: $400 each.

[4] One hundred one KW to 1,000 KW: $600 each.

[5] Over 1,001 KW: $900, plus additional $300 per each additional 1,000 KW.

(g) There shall be a minimum fee of $50 in all of the above categories.

(4) Mechanical subcode fees. The fees for a mechanical inspection in a structure of Group R-3 or R-5 shall be as set forth below. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.

[Amended 7-15-2019 by Ord. No. 12-19]

(a) Water heater: $80 each.

(b) Steam boiler: $120 each.

(c) Hot water boiler: $120 each.

(d) Hot air furnace: $80 each.

(e) Oil tank: $80 each.

(f) LPG tank: $80 each.

(g) Fireplace: $80 each.

(h) Generator: $50 each.

(i) Gas piping connection:

[1] First connection: $80.

[2] Each additional: $15.

(j) Fuel oil piping connection:

[1] First connection: $80.

[2] Each additional: $15.

(5) Fire-protection subcode fees. The fire-protection fee shall be as set forth below.

[Amended 8-15-2022 by Ord. No. 07-22]

(a) Residential smoke and heat detectors:

[1] Twenty or fewer detectors: $91.

[2] Between 21 and 100 detectors: $168.

[3] Between 101 and 200 detectors: $229.

(b) Residential and commercial sprinkler systems shall be charged at the same rate. For commercial sprinkler and detectors (smoke and heat), two fees, one for heads and one for detectors, shall be charged:

[1] Twenty or fewer heads: $91.

[2] Twenty-one to and including 100 heads: $168.

[3] One hundred one to and including 200 heads: $321.

[4] Two hundred one to and including 400 heads: $831.

[5] Four hundred one to and including 1,000 heads: $1,150.

[6] One thousand one and above heads: $1.47/head.

(c) Standpipe: $229 each.

(d) Preengineered system: $100 each.

(e) Flammable or combustible liquid storage tanks:

[1] Each tank of 1,000 gallons capacity or less: $65.

[2] Each tank of more than 1,001, but less than 5,000 gallons' capacity: $91.

[3] Each tank of 5,000 gallons' or more capacity: $129.

(f) Oil- or gas-fired heating units:

[1] Under 500,000 BTUs: $65.

[2] For oil- or gas-fired heating units 500,000 BTUs and above: $91.

[3] For other commercial gas-fired appliances: $60.

[4] For solid-fuel-burning appliances: $65.

(g) Chimney liner: $65.

(h) For all nonlisted items, the fee shall be $50 per item.

(i) The minimum fee shall be $50.

B. Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a construction permit.

C. Demolition permit fee. The fee for a demolition permit shall be based upon the alleged use of the building or structure as heretofore existed, pursuant to Section 202.0, Use Group Classification of the International Building Code/2006, NJ Edition.

(1) The demolition permit fee for buildings or structures falling within the Use Group Classification S or U shall be $100 for demolition of structures being undertaken at one time on one lot.

(2) The demolition permit fee for buildings or structures falling within all remaining use group classifications shall be $300 per building or structure.

(3) There shall be no fee for the demolition of buildings or structures which have been condemned and/or ordered to be demolished by the Township of Washington.

D. Removal of building fee. 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 $10 per $1,000 of the estimated cost of moving, plus the estimated cost of new foundations and all work necessary to place the building in its completed condition in the new location.

E. Sign construction fee. The fee for a permit to construct a sign shall be $2 per square foot surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $50.

F. (Reserved)[2]

[2] Editor's Note: Former Subsection F, Gas piping, was repealed 3-15-2010 by Ord. No. 08-10.

G. (Reserved)[3]

[3] Editor's Note: Former Subsection G, Tank installation, was repealed 3-15-2010 by Ord. No. 08-10.

H. Certificate of occupancy fees.

(1) For a certificate of occupancy, the fee shall be 10% of the new construction permit fee. The minimum fee shall be $40.

(2) The fee for a continued certificate of occupancy for all use group classifications shall be in the amount of $100 per building or structure.

(3) For a temporary certificate of occupancy, there shall be a fee of $100.

I. Elevator fees. Elevator fees shall be established by the New Jersey Department of Community Affairs.

J. Variation fees. The fee for an application for a variation shall be $50 for Class II and Class III structures. For Class I structures, the fee shall be $500.

K. Reinstatement of lapsed permit fee. The fee for the reinstatement/extension of a lapsed permit shall be $10 for each six-month lapsed period starting at the date the permit was issued.

L. Extra inspection fee. There shall be a charge of $15 for each extra inspection required due to the fault of the owner, builder or contractor, or their agents.

M. Surcharge fee. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations promulgated pursuant thereto, 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 and $80 per $1,000 of value for all other construction. Such surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, as provided for in the regulations. All fees may be rounded to the nearest dollar amount.

[1] Editor's Note: This ordinance also repealed former § 12A-2, Fees, as last amended 12-17-1984 by Ord. No. 32-84.