Borough of Wenonah, NJ Chapter 18A Construction Codes, Uniform

[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 12-22-1977. Amendments noted where applicable.]

§ 18A-1 Establishment of enforcing agency.

There is hereby established in the Borough of Wenonah a State Uniform Construction Code enforcing agency to be known as the "Construction Code Enforcement Agency," consisting of a Construction Official, a Building Subcode Official, a Plumbing Subcode Official, a Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs in the 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. The Fire Protection Subcode Official shall be appointed by the Mayor and Council from those persons recommended by the Fire Chief. All others shall be appointed by the Mayor and Council.

§ 18A-2 Qualifications of officials; inspection agencies.

Each official position created in § 18A-1 above 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 et seq., 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 et seq. More than one such official position may be held by the same person, provided that such person is qualified pursuant to law to hold each such position.[1]

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 18A-3 Public access to agency.

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.

§ 18A-4 Construction permit requirements; approval or denial of application.

The Borough of Wenonah Construction Code Enforcement Agency shall examine each application for a construction permit. If the application conforms with this ordinance, it shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If the application is denied, in whole or in part, the Borough of Wenonah Construction Code Enforcement Agency shall set forth the reasons therefor in writing. If the Borough of Wenonah Construction Code Enforcement Agency fails to grant, in whole or in part, or denies any application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the Gloucester County Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant. The Borough of Wenonah Construction Code Enforcement Agency may approve changes in plans and specifications, provided that such changes do not require site plan approval. Except as otherwise provided in this ordinance, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit and all conditions of site plan approval, if required.

§ 18A-5 Expiration, suspension or revocation of permit.

A. If no construction has been undertaken, pursuant to a construction permit, above the foundation walls within one year from the time of issuance, the permit shall expire.

B. The Borough of Wenonah Construction Code Enforcement Agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of this ordinance or any other law or regulation of the State of New Jersey, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.

§ 18A-6 Adoption of building subcode; building and related fees.

A. Pursuant to the authority of N.J.A.C. 5:23-3.14 et seq. the International Building Code-NJ ed., 2009; National Electrical Code, 2011; National Standard Plumbing Code, 2009; International Energy Conservation Code, 2009 (Residential); International Mechanical Code, 2009; International Fuel Gas Code, 2009; International Residential Code-NJ ed., 2009; and Rehabilitation Subcode 5:23-6, Inc., including all subsequent revisions and amendments thereto, shall be hereby adopted by reference as the building subcode, subject to the modifications promulgated by the New Jersey Department of Community Affairs.

[Amended 12-26-2013 by Ord. No. 2013-8]

B. Fees.

The fee for construction permits shall be the sum of the fees listed in Subsections (1) through (12) hereof and shall be paid before any permit for construction shall be issued.

[Amended 10-24-1985; 3-8-1990; 5-27-1993; 12-26-2013 by Ord. No. 2013-8]

(1) Building subcode fees. As follows:

(a) New construction. The fee shall be computed at $0.034 per cubic foot of building volume with a minimum of $200 for all new construction and additions.

[1] Exception. The fee shall be computed at $0.010 per cubic feet of building volume for farming structures, including commercial farming structures as set forth in N.J.A.C. 5:23-3.2(d).

[2] Exception. Large (over 100,000 square feet footprint) open-volume building such as warehouses, distribution centers, recreational and storage use buildings shall be computed at $0.019 per cubic foot of building volume.

[3] Exception. Open structures (roofs without walls) accessory to a one- or two-story dwelling: $100 min. fee.

(b) Garden type sheds and similar structures as accessory to one- or two-family dwellings:

[1] One hundred one square feet to 200 square feet: $75 flat fee.

[2] Two hundred one square feet and over: $200 min. fee.

(c) Renovations, alterations, repairs and minor work fees. The fee for all work not listed under the following shall be $30 per $1,000 of estimated cost. The minimum fee shall be $75.

[1] Decks:

[a] Under 100 square feet: $75 flat fee.

[b] One hundred square feet to 200 square feet: $100 flat fee.

[c] Two hundred one square feet to 400 square feet: $150 flat fee.

[d] Four hundred one square feet and over: $200 flat fee.

(d) A retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall have a flat fee of $150.

[1] A retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall have a flat fee of $75.

[2] A newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction.

(e) Handicapped fees: Pursuant to the authority under N.J.S.A. 52:27D-12e, no construction permit fee shall be required for the construction, reconstruction, alteration, improvement or repair of a structure and related devices installed or erected for the sole purpose of promoting accessibility by the handicapped, handicapped being defined under N.J.S.A. 51-27d-126e and conforming to the current N.J.A.C. 5:23.7 Barrier Free Code, and any subsequent amendments or additions thereto. By waiving the fees in no way waives the right of the enforcing agency to request plans for the purpose of reviewing plans for code compliance.

[1] Roofing and siding permits for one- and two-family dwellings shall be a flat fee of $75.

[2] Demolition and removal permit fees:

[a] Structures less than 5,000 square feet, and less than 30 feet in height for one- or two-family residences, and for structures on farms, including commercial farm buildings, and for underground storage tanks (UST), the fee is $82.

[b] All other structures $151.

(f) Sign permit fees: The permit fee for the construction, erection or installation of a sign shall be based on the square footage of the surface area (computed for one side of double faced signs) at rate of $5 per square foot for any freestanding or pylon type sign, and $4 per square foot for any wall sign with minimum fee of $75.

The fee herein shall be for each living unit or multiple dwelling, apartment house or building, and structures containing separate living units and all other building and structure classifications.

For any item(s) not listed above, a special fee shall be determined by the Construction Official and the Building Subcode Official.

(2) Plumbing subcode fees. As follows:

The fee shall be set forth by the State of New Jersey. Except, the minimum fee shall be $75.

(a) $15 per plumbing fixture or devices except where specified to the contrary herein. For the purposes of this subsection, fixtures shall include, but not limited to: lavatories, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot water heaters, rood drains, hose bibs, vent stacks or similar devices and for each appliance converted to the gas piping or oil piping.

(b) $82 for the following special devices: soda dispensers, coffee makers, acid neutralizing devices, grease interceptors, oil and/or sand interceptors, backflow preventers, water-cooled air-conditioning or refrigeration units, several electors, hot water, steam boilers, low water cutoffs, mixing valves. This list is not exhaustive and the fee shall also apply to special fixtures or equipment delineated in the plumbing code.

(c) $82 for each water and sewer connection, flammable/combustible liquid and gas piping systems.

(d) $65 for the following: baseboard radiation and radon piping.

(e) Unless specified herein to the contrary, a minimum plumbing fee shall be $75.

(f) For any item not specifically listed or included above, a special fee shall be determined by the Construction Official and Electrical Subcode Official.

Reinstatement fee:

Whenever a permit shall become void or lapse by definition of N.J.A.C. 5:23, the fee, upon request and approval of the Construction Official, may be reinstated at a rate not to exceed 25% of the original fee charged.

(3) Mechanical subcode fees. As follows:

The replacement only of heating equipment, cooling equipment or water heaters in Group R-3, R-4 and R-5 structures (except electrical):

(a) First device: $75.

(b) Each additional device: $10.

(4) Electrical subcode fees: As follows:

The fee shall be set forth by the State of New Jersey. Except the minimum fee shall be $75.

(a) Electrical subcodes fees shall be computed as follows:

[1] Fixtures (outlets, switches, receptacles). For one to 50 fixtures, $50. For each additional 25 fixtures or fraction thereof in excess of 50 fixtures the fee shall be $10.

[2] Light standards (mogul base, mercury base or fixtures other than those specified in the previous subsection): For (1) to five fixtures: $65. For each additional lamp; $10.

[3] Swimming pools: New installation including bonding, wiring of one receptacle and more. The fee shall be $75 for above ground, and $100 for in-ground pools.

[4] Motors: For one to 10 horsepower, $60. From 51 to 100 horsepower, $120 and for over 100 horsepower, five $580.

[5] Service meter equipment and feeders: For up to 200 amperes service, $60; for 201 amperes to 1,000 amperes, $120; for 1,001 amperes and over, $580.

[6] Heating, cooling, cooking and similar appliances: Single outlet of 20 kilowatts or less, $40, including but not limited to; dishwasher, garbage disposal, dryer, water heaters, range a/c unit, furnace and air handler.

[7] Generators, transformers (vaults, enclosure-substations): For one to 10 kilowatts, $40. For 11 to 50 kilowatts, $60. For 51 to 100 kilowatts, $120. For over 100 kilowatts, $580.

[8] Electrical signs: For one to five signs, $75. For each additional sign; $10.

[9] Reintroduction of service: For reintroduction of service the fee shall be $75.

[10] Unless specified herein to the contrary, minimum electrical fees shall be $75.

[11] For any item not specifically listed or included above, a special fee shall be determined by the Construction Official and Electrical Subcode Official.

(5) Fire protection subcode fees. As follows:

The fee shall be set forth by the State of New Jersey. Except the minimum fee shall be $75.

(a) Sprinkler heads: For one to 20, $82; from 21 to 100, $151; from 101 to 200, $289; from 201 to 400, $748; from 401 to 1,000, $1,323.

(b) Detectors: For one to 12, $45. For each additional 25 detectors the fee shall be $15.

(c) Special suppression and hood exhaust: The fee shall be $116 each.

(d) Standpipes: The fee shall be $289 per riser.

(e) Heating systems: The fee shall be $58 per appliance not connected to the plumbing system for residential properties and $65 per appliance for commercial properties. The minimum fee for all properties shall be $75.

(f) Fireplaces and wood stoves the fee shall be $75 for each.

(g) Flammable/Combustible liquid storage tanks, installation/removal for each.

[1] Installation: 500 gallons or less $75.

[2] Installation: 501 to 1,000 gallons $150.

[3] Installation: 1,001 to 2,500 gallons $250.

[4] Installation: 2,501 gallons and over $500.

(h) Installation of private fire suppression water mains, hydrants and control valves.

[1] Private fire service mains per lineal foot: $1.

[2] Fire hydrants (each): $50.

[3] Control valves (each): $50.

(i) Unless specified herein to the contrary, minimum fire fees shall be $75.

(j) For any item not specifically listed or included above, a special fee shall be determined by the Construction Official and Electrical Subcode Official.

(6) Elevator subcode fees. As follows:

All activities relating to elevator subcode and defined in N.J.A.C. 5:23-12, the N.J. Department of Community Affairs shall be the sole enforcing agency.

(7) Swimming pool fees. As follows:

(a) Building permit for above ground pool: $75.

Electrical permit for above ground pool: $150.

(b) Building permit for in-ground pool: $100.

(8) Fences. Over six feet in height, or as barrier for swimming pools, as follows: Permit fees for the installation of a fence shall be $20 per $1,000 of estimated cost of construction, with a minimum fee of $40 and a maximum of $100.

(9) Photovoltaic solar panel systems:

(a) Electrical flat fee each: $200.

(b) Building flat fee each: $200.

(c) System greater than 100 kilowatts shall be, building flat fee: $400.

(d) System greater than 100 kilowatts shall be, electrical flat fee: $400.

(10) Certificate fees. As follows:

(a) Plan review fee: The fee shall be 20% of the amount charged for the construction permit and shall be paid before the plans are reviewed. The amount paid shall be credited towards the amount of the fee to be charged for the construction permit.

(b) There shall be an additional fee of $57 per hour for review of any amendment or change to a plan that has already been released.

(c) Certificate of continued occupancy (CCO): The fee shall be $151.

(d) Certificate of occupancy (use change): The fee shall be $151.

(e) Certificate of occupancy (new): The fee for new construction shall be 10% of the total construction fee (all subcodes), provided the minimum fee shall be $35.

(f) Temporary certificate of occupancy (TCO): There shall be no fee for a TCO, with the exception of each subsequent reissue or extension. Each additional TCO shall be $35.

(g) Certificate of approval (CA): There shall be no fee for a certificate of approval.

(h) On-going inspections: State guidelines as published in UCC of N.J.A.C. 5:23, et seq.

(i) Code variation: The fee shall be as follows:

Class I	$548
Class II	$151
Class III	$151

(11) Reinstatement fee:

Whenever a permit shall become void or lapse by definition of N.J.A.C. 5:23, the fee, upon request and approval of the Construction Official, may be reinstated at a rate not to exceed 25% of the original fee charged.

(12) Refunds:

Pursuant to N.J.A.C. 5:23-2.27, in the case of discontinuance of a building project, the plan review fee and state permit surcharge fees are not refundable.

(13) Additional reporting and fees Part I.

The Construction Official shall, with the advice of the Subcode Official, prepare and submit to the Mayor and Council of the borough of Wenonah, annually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the agency, fairly attributable to the enforcement of the State Uniform Construction Code Act.

(14) Additional reporting and fees Part II.

In order for the training and technical support program required by the Uniform Construction Code Act, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee as specified in N.J.A.C. 5:23, et seq. Said surcharge shall be remitted to the Department of Community Affairs on a quarterly basis, and not later than one month succeeding the end of the month for which it is due.

§ 18A-7 Construction Official to rule on inconsistencies.

[Amended 12-26-2013 by Ord. No. 2013-8]

In the event of conflicting or inconsistent interpretations or application of this code between any two officials, the Construction Official shall rule as to which interpretation or application shall be followed.

§ 18A-8 Repealer.

[Amended 12-26-2013 by Ord. No. 2013-8]

Any prior ordinance or part thereof which is inconsistent with the provisions of this code is hereby repealed to the extent of such inconsistency.

§ 18A-9 Severability.

[Amended 12-26-2013 by Ord. No. 2013-8]

If any section or part thereof of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section or part thereof so adjudged, and the remainder of this ordinance shall be deemed valid and effective.

§ 18A-10 When effective.

[Amended 12-26-2013 by Ord. No. 2013-8]

This ordinance shall take effect immediately upon its passage and publication, as required by law.