Borough of South Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[1]
Editor's Note: The Borough of South Toms River has entered into an Interlocal Agreement with the Borough of Beachwood for the provision of Construction and Subcode inspection services. See Chapter 16, Solid Waste Management, Subsection 16-1.6 for the requirement concerning trash resulting from construction or demolition. See also Chapter 13, Property Maintenance and Rental Housing.
[1975 Code § 8-1.1]
There is hereby established in the Borough of South Toms River, 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. This Construction Official shall be the chief administrator of the enforcing agency.
[1975 Code § 8-1.2]
Each official position created in subsection 12-1.1 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; 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 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.
[1975 Code § 8-1.3]
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.
[Ord. No. 11-08 Exh. A]
a. 
New Construction or Alterations. Building volume or cost: The fees for new construction or alteration are as follows:
1. 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.024 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode; except that the fee shall be $0.013 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and the fee shall be $0.0006 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(D), with the maximum fee for such structures on farms not to exceed $850 each.
2. 
Fees for renovations, alterations, repairs, and site construction associated with premanufactured construction shall be based upon the estimated cost of the work. For $1,000 or less, the fee shall be $35. From $1,001 to $50,000, the additional fee shall be in the amount of $20 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $16 per $1,000. For above $100,000 the additional fee shall be in the amount of $14 per $1,000.
For the purpose of determining estimated cost, the applicant shall submit to the Construction Official such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid if available shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
3. 
Fees for additions shall be computed on the same basis as for new construction for the added portion.
4. 
Fees for combination renovations and additions shall be computed separately in accordance with items (1) and (2) above.
5. 
For garden type utility sheds and similar structures not otherwise exempt from permits at N.J.A.C. 5:23-2.14(b)8, temporary structures, towers, fences greater than six feet in height, open decks not attached to a principal or accessory structure, and similar structures for which volume cannot be computed, the fee shall be $35.
6. 
The fee for roofing or siding in R-3 and R-4 Uses shall be $35.
7. 
Swimming Pools:
(a) 
Above ground: $35.
(b) 
In-ground: $100.
(c) 
Commercial: $200.
8. 
The fee for a permit to construct a sign not otherwise exempt at N.J.A.C. 5:23-2.14(b)6, shall be in the amount of $1 per square foot surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $35.
[Ord. No. 11-08 Exh. B]
a. 
Plumbing Fixtures and Equipment. The fees shall be as follows:
1. 
For fixtures, pieces of equipment, hosebibs, vents, appliances connected to the plumbing system, and for appliances connected to the gas or oil piping system, except as listed in (2) below
From 1 to 4
$35
Each additional
$8
2. 
Per special device for the following:
Grease traps, oil separators, water cooled air conditioning units, refrigeration units, utility service connections, backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating), gas or fuel oil piping, sewer pumps, and interceptors
$50
[Ord. No. 11-08 Exh. C]
a. 
Fire Protection and Other Hazardous Equipment. Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil fire appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums:
1. 
The fee for 20 or fewer heads shall be $65; for 21 to and including 100 heads, the fee shall be $120; for 101 to and including 200 heads, the fee shall be $229; for 201 to and including 400 heads, the fee shall be $594; for 401 to and including 1,000 heads, the fee shall be $822; for over 1,000 heads, the fee shall be $1,050.
2. 
For from one to 12 detectors, the fee shall be $35. For each 25 detectors in addition to this, the fee shall be $10.
3. 
The fee for each standpipe shall be $229.
4. 
The fee for each independent pre-engineered system shall be $92.
5. 
The fee for each gas or oil-fired appliance which is not connected to the plumbing system shall be $46.
6. 
The fee for each kitchen exhaust system (commercial) shall be $46.
7. 
The fee for each incinerator shall be $365.
8. 
The fee for each crematorium shall be $365.
[Ord. No. 11-08 Exh. D]
a. 
Electrical Fixtures and Devices. The fees shall be as follows:
1. 
For from one to 25 receptacles, fixtures, or devices, the fee shall be in the amount of $35; for each 25 receptacles, fixtures, or devices in addition to this, the fee shall be in the amount of $5; for the purpose of computing this fee, receptacles, fixtures, or devices shall include lighting fixtures, wall switches, electric discharge fixtures, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communication outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights, or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp), one kilowatt (kW), or kilovolt ampere (kVA).
2. 
For each motor or electrical device rated from one hp or one kW to 10 hp or 10 kW; for each transformer or generator rated from one kW or one kVA to 10 kW or 10 kVA; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydromassage bathtub; for each underwater lighting fixture; for household cooking equipment rated up to 16 kW; for each fire security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light-standard greater than eight feet in height including luminaries; and for each communications closet. The fee shall be $9 when installed in conjunction with works included in paragraphs 1 or 7 of this section, or when not installed in conjunction with paragraphs 1 or 7 of this section, the fee shall be from 1 to 4 units $35, each additional unit $9.
3. 
For each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp or 50 kW; for each service equipment, panelboard, switchboard, switchgear, motor control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kW or 10 kVA to 45 kW or 45 kVA; for each electric sign rated greater than 20 amperes to 225 amperes including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $40.
4. 
For each motor or electrical device rated from greater than 50 hp or 50 kW to 100 hp or 100 kW; for each service equipment, panelboard, switchboard, switchgear, motor control center, or disconnecting means rated from greater than 225 amperes to 600 amperes; and for each transformer and generator greater than 45 kW or 45 kVA to 112.5 kW or 112.5 kVA, the fee shall be $100.
5. 
For each motor or electrical device rated greater than 100 hp or kW to 1,000 hp or 1,000 kW; for each service equipment, panelboard, switchboard, switchgear, motor control center or disconnecting means rated from greater than 600 amperes to 1,000 amperes, the fee shall be $200.
6. 
For each motor or electrical device rated greater than 1,000 hp or 1,000 kW; for each service equipment, panelboard, switchboard, switchgear, motor control center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator greater than 112.5 kW or 112.5 kVA, the fee shall be $450.
7. 
For each permanently installed private swimming pool as defined in the building subcode, spa, hot tub, or fountain, the fee shall be $35 which shall include any required bonding, and associated equipment such as filter pumps or motors rated less than 1 hp or KW, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of the number of electrical fixtures and rating of electrical devices involved in accordance with paragraphs 1 through 6 of this section.
8. 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panelboards shall be charged in accordance with paragraphs 2 through 6 of this section. There shall be no additional fee charged for the concurrent installation of feeder conductors to these loadside panelboards.
9. 
For motors or similar devices requiring concurrent installation of individual controls, relays, and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.
10. 
For electrical work requiring replacement or installation of service entrance conductors or feeder conductors only, the fee shall be in accordance with paragraphs 2 through 6 of this section based on the designated ampere ratings of overcurrent device of the service or feeder.
11. 
The fee for the annual electrical inspection of swimming pools, spas, or hot tubs shall be $55.
12. 
For the purpose of computing these fees, all electrical and communications devices, utilization equipment, and motors which are part of the premises wiring, except those which are portable plug-in type, shall be counted.
[Ord. No. 11-08 Exh. E]
a. 
Plan Review Fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit.
b. 
The basic construction fee shall be the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and equipment, the number of electrical fixtures and devices, and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided herein plus any special fees.
c. 
Certificates and Other Permits. The fees are as follows:
1. 
The fee for a demolition or removal permit including tanks, shall be $46 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (Use Group R-3 of the building subcode), and structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $85 for all other use groups.
2. 
The fee for a Certificate of Occupancy shall be $28.
3. 
The fee for a temporary Certificate of Occupancy shall be $25 except where the full Certificate of Occupancy is paid at the time of the initial issuance of the temporary certificate.
4. 
The fee for a renewal of a temporary certificate shall be $25.
5. 
The fee for a Certificate of Occupancy granted pursuant to a change of use group shall be $125.
(a) 
$50 to building.
(b) 
$25 to plumbing.
(c) 
$25 to fire.
(d) 
$25 to electrical.
6. 
The fee for Certificate of Continued Occupancy shall be $100.
(a) 
$40 to building.
(b) 
$20 to plumbing.
(c) 
$20 to fire.
(d) 
$25 to electrical.
7. 
The fee for elevator devices where applicable shall be in accordance with N.J.A.C. 5:23-12.6.
8. 
For cross-connections and backflow preventers that are subject to testing and require reinspection, the fee shall be $40 for each device when they are tested.
9. 
The fee for each construction permit issued for an asbestos abatement project shall be $84.
10. 
The fee for each Certificate of Occupancy issued following the successful completion of an asbestos abatement project shall be $17.
11. 
The fee for a permit for a lead hazard abatement project shall be $150.
12. 
The fee for a lead abatement clearance certificate shall be $35.
13. 
Annual Permits. The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing. Fees shall be as follows:
(a) 
One to 25 workers (including foremen) $667/worker; each additional worker over 25, $232/worker.
(b) 
Prior to issuance of an annual permit, a training registration fee of $182 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Training Section along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The department shall register these individuals and notify them of the courses being offered.
[Ord. No. 2-97 § 2]
The Borough hereby waives the collection of fees associated with obtaining construction permits for the issuance of permits for the construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any facilities contained therein. This section will not relieve the applicant of permit fees which are charged by governmental agencies other than the Borough of South Toms River.
[1975 Code § 8-2.2]
The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the Borough of South Toms River, bi-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.
[1975 Code § 8-2.3]
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and regulations thereunder, the Enforcing Agency shall collect in addition to the fees specified above, a surcharge fee of $0.0006 per cubic foot of volume of new construction. The surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter 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.
The Enforcing Agency shall report annually, at the end of the State's 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.
[1975 Code § 8-2.4; Ord. No. 248 § 2]
All fees collected pursuant to this chapter shall be remitted quarterly to the Borough Chief Financial Officer by no later than the last day of each month of each quarter, commencing with the quarter ending on March 31.
[1975 Code § 8-4]
All construction permits issued under this chapter and for work in which a Certificate of Occupancy has not been issued shall conform to the standards enunciated in this chapter unless the Construction Official, in his discretion, determines that to do so would work a hardship. All permits issued after the adoption of this chapter shall conform to its standards.
[1975 Code § 8-5; New]
Any person, firm or corporation, who shall violate any of the provisions of this chapter shall be subject to those penalties provided for in P.L. 1975, C. 217 as amended and N.J.A.C. 5:23 as amended and the penalties stated in Chapter 1, Section 1-5.