Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Byram 1-20-1998 by Ord. No. 1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 99.
Construction in flood hazard areas — See Ch. 136.
Numbering of buildings — See Ch. 176.
Subdivision and site plan review — See Ch. 215.
Zoning — See Ch. 240.
[1]
Editor's Note: This ordinance superseded former Ch. 112, Construction Codes, Uniform, adopted 12-30-1976, as amended.
A. 
There is hereby established within the Township of Byram a State Uniform Construction Code enforcing agency to be known as the "Local Enforcing Agency of the Township of Byram," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode 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 hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
B. 
Each official position created in Subsection A 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, the Township Council shall be authorized to appoint an on-site qualified inspection agency which shall be certified to conduct inspections in a particular area by the State Commissioner of the Department of Community Affairs. The appointment of the on-site inspection agency shall be done by contract pursuant 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 to hold each of the positions.
C. 
The public shall have the right to do business with the enforcing agency at its office at the Municipal Building of the Township, located at 10 Mansfield Drive, Byram Township, Stanhope, New Jersey, except for those occasions involving emergencies or unforeseen or unavoidable circumstances.
Any appeals of decisions from the enforcing agency shall be made to the Sussex County Board of Appeals.
[Amended 2-4-2008 by Ord. No. 2-2008]
Fees as set forth in Chapter A287, Fees, shall apply as follows:
A. 
The fee for plan review shall be 20% of the amount to be charged for a construction permit. Plan review fees are not refundable.
[Amended 4-5-2016 by Ord. No. 10-2016]
B. 
There shall be a minimum fee for a basic construction permit covering any or all of building, plumbing, electrical or fire protection work.
C. 
In order to provide for the training and certification and technical support programs required by the act, the enforcing agency shall collect a surcharge fee to be based upon the volume of new construction or the value of construction for other types of construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Housing Inspection. This fee shall be in the amount as set forth in N.J.A.C. 5:23-4.19(b). For the purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
D. 
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 pieces of equipment, the number of electrical fixtures and devices, the number of sprinklers, standpipes and detectors (smoke and heat), at the unit rates provided herein plus any special fees.
(1) 
Fees for new construction shall be based upon the volume of the structure, which shall be computed in accordance with N.J.A.C. 5:23-2.28 for the following:
(a) 
Buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode.
(b) 
Use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2.
(c) 
Structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), used exclusively for the storage of food or grain or the sheltering of livestock.
(2) 
Fees for additions shall be computed on the same basis as for new construction for the added portion as set forth in Subsection D(1) above.
(3) 
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. 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.
(4) 
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection D(2) and (3) above.
(5) 
Tank abandonment in place or tank removal.
(6) 
Inground pools and required fence.
(7) 
Aboveground pools.
E. 
Plumbing fixtures and equipment.
(1) 
Definitions.
(a) 
For the purpose of computing fees, plumbing fixtures shall include but not be limited to stacks, lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, washing machine connections, hose bibs and similar fixtures.
(b) 
Plumbing appurtenances shall include but not be limited to devices, a manufactured device or an on-the-job assembly of component parts, which are an adjunct to the basic piping system and plumbing fixtures, pressure-reducing valves, backflow prevention devices, backwater valves, vacuum breakers, grease traps, interceptors and similar devices.
(c) 
Plumbing appliances shall include but not be limited to hot water boilers, hot water heaters, tankless heaters, heat exchangers, water storage tanks, solar panels, water pressure booster systems, sump pumps, dishwashers, ice makers, instant hot water coils, sewerage ejectors, garbage disposal units, sterilizers, aspirators, water-cooled air-conditioning units, water conditioners and similar equipment.
(2) 
Fees. Fees shall be established for the following:
(a) 
Installation or the replacement of a plumbing fixture.
(b) 
Installation or replacement of a plumbing appurtenance and/or special device and for backflow preventers that do not require ongoing inspections, including:
[1] 
Cross-connections and backflow preventers that are subject to testing, requiring reinspection every three months; and
[2] 
Fees when devices are broken down and tested (once annually).
(c) 
Installation or replacement of a plumbing appliance and, when installed in Use Group R-3 and R-4 in new construction or a complete renovation that is not considered an ordinary repair, for dishwashers, ice makers and instant hot water coils.
(d) 
Installation of a house or building sewer and/or a water service pipe.
(e) 
Installation of a lawn sprinkler system.
(f) 
Installation or replacement of subsoil drains.
(g) 
Removal or abandonment in place of a sewage disposal system and/or septic tank.
(h) 
Installation or replacement of roof drains and/or area drains.
(i) 
Gas line piping.
(j) 
Installation or replacement of oil lines and/or oil tank piping.
(k) 
Radon mitigation, lead abatement or asbestos abatement.
F. 
Electrical fixtures and devices.
(1) 
Fees shall be established for the following:
(a) 
Receptacles or fixtures. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixture, and motors or devices of less than one horsepower or one kilowatt.
(b) 
Motors or electric devices.
(c) 
Service panels, service entrances or subpanels.
(d) 
Transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts.
(2) 
For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
G. 
Fire protection and other hazardous equipment: sprinklers, standpipes, detectors (smoke and heat), preengineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums. Fees shall be established as follows:
(1) 
In computing fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors, shall be charged.
(2) 
For each standpipe.
(3) 
For each preengineered system.
(4) 
For each gas- or oil-fired appliance not connected to the plumbing system.
(5) 
For each kitchen exhaust system.
(6) 
For each incinerator.
(7) 
For each crematorium.
H. 
Mechanical inspections.
[Amended 4-5-2016 by Ord. No. 10-2016[1]]
(1) 
Fees for replacement or new installation of:
(a) 
Wood or gas-fired stove or fireplace, water heater, boiler, furnace, air-conditioning unit, pool heater, oil and propane tanks, oil or gas lines existing in R-3, R-4 and R-5.
(b) 
For each additional appliance on the same permit.
[1]
Editor's Note: This ordinance also repealed former Subsection H, establishing fees for elevator devices.
I. 
Certificates and other permits. Fees shall be established for the following:
(1) 
Demolition or removal permits.
(2) 
Permits to construct a sign.
(3) 
Certificates of occupancy.
(4) 
Certificates of occupancy granted pursuant to a change of use group.
(5) 
Certificates of continued occupancy.
(6) 
There shall be no fee for a temporary certificate of occupancy and for a certificate of approval.
(7) 
There shall be no fee for a certificate of compliance issued for each elevator device inspected on a routine periodic basis. There shall be a fee for a certificate of compliance for a new elevator device.
(8) 
There shall be a fee for plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the Energy Subcode.
(9) 
There shall be a fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10.
(10) 
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, employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clerks 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. Prior to the issuance of the annual permit, a training registration fee shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit (Form F-170). Checks shall be made payable to "Treasurer, State of New Jersey."
J. 
All fees collected pursuant to this chapter are nonrefundable.
A. 
Construction debris shall include but not be limited to sheet rock, construction lumber, roofing shingles, plumbing materials and decking materials.
B. 
No final approval of any permit nor any certificate of occupancy shall be granted until such time as proof of disposal is presented to the Construction Official.
C. 
Proof of disposal shall consist of certified weight slips. In lieu of weight slips, the permit holder may present a signed statement from a licensed hauler as to the date and time of disposal or the permit holder may certify, in writing, that he or she intends to recycle materials either through reuse in the structure to which the permit applies or through disposal at a specified recycling facility.