Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 12-28-1976 by Ord. No. 17-76 (Ch. 50 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 106.
Property maintenance — See Ch. 155.
Zoning — See Ch. 215.

§ 90-1 Enforcing agency.

A. 
There is hereby established in the Borough of Mendham a State Uniform Construction Code enforcing agency to be known as the "Mendham Borough Construction Department," 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. The responsibility for the elevator subcode enforcement and the performance of elevator subcode inspections and witnessing of tests within the jurisdiction of the Borough of Mendham is hereby relinquished to the New Jersey Department of Community Affairs, pursuant to N.J.A.C. 5:23-4.3, and the functions and duties of the enforcing agency of the Borough of Mendham with respect to the elevator subcode are hereby repealed and transferred to said New Jersey Department of Community Affairs.
[Amended 6-19-1995 by Ord. No. 14-95]
B. 
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217,[1] 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 such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C. 
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. Such office location shall be 6 West Main Street in the Borough of Mendham.

§ 90-2 Fees.

A. 
The fee for a permit shall be the subcode fees listed in Chapter 102, Fees, and shall be paid before the permit is issued.
[Amended 12-5-1977 by Ord. No. 20-77; 7-2-1979 by Ord. No. 13-79; 5-4-1981 by Ord. No. 4-81; 5-4-1981 by Ord. No. 6-81; 3-5-1984 by Ord. No. 4-84; 2-19-1991 by Ord. No. 2-91; 3-16-1992 by Ord. No. 2-92; 4-6-1992 by Ord. No. 5-92; 2-22-1994 by Ord. No. 1-94; 6-19-1995 by Ord. No. 14-95; 3-17-1997 by Ord. No. 3-97]
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council, 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.
C. 
Surcharge fee.
(1) 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[1] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee as provided by N.J.A.C. 5:23-4.19(b). Said 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. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
[Amended 2-19-1991 by Ord. No. 2-91; 3-16-1992 by Ord. No. 2-92; 2-22-1994 by Ord. No. 1-94]
[1]
Editor's Note: "The regulations" refers to regulations established by the Commissioner of the Department of Community Affairs.
(2) 
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 fees collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.

§ 90-3 Fire limits.

[Amended 12-1-1980 by Ord. No. 19-80; 3-17-1997 by Ord. No. 3-97]
A. 
The following fire limits are established pursuant to N.J.A.C. 5:23: the boundaries of the Historic Business Zone, the East Business Zone and the Limited Business Zone as the same are established by § 215-3 and shown on the Zoning Map and in Chapter 215, Zoning, copies of which are available at the office of the Fire Official.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Fire Official shall prepare and submit to the Mayor and Council, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.