Borough of Bradley Beach, NJ Article VII Department of Construction, Code Enforcement, Zoning and Department of Community Development

[Amended 2-8-2005 by Ord. No. 2005-2; 9-23-2008 by Ord. No. 2008-11]

§ 5-34 Establishment.

[Amended 11-9-2011 by Ord. No. 2011-20]

There is hereby established a Department of Construction, Code Enforcement, Zoning and Department of Community Development.

A. The Director of the Department of Community Development shall be appointed by the Mayor pursuant to N.J.S.A. 40:69A-124.

B. All officials, officers and employees of the Department of Construction, Code Enforcement, and Zoning shall be under the supervision of the Director of the Department of Community Development in all matters not otherwise reserved by the state to the state or to the Construction Official.

§ 5-35 Offices within Department.

[Amended 3-13-2012 by Ord. No. 2012-4; 10-27-2015 by Ord. No. 2015-16; 7-14-2020 by Ord. No. 2020-10]

There is hereby established within the Department the following offices:

A. Office of Code Enforcement.

(1) Office generally. Within the Department there shall be an Office of Code Enforcement which shall be composed of the Code Enforcement Officer and/or his designee and the Health Inspector.

(2) Code Enforcement Officer.

(a) The Code Enforcement Officer shall be appointed by the Mayor and Borough Council and shall be a person qualified by training and experience for the position and shall:

[1] Enforce the provisions of the Municipal Code of the Borough and perform all other duties prescribed by the Mayor and Borough Council by ordinance or resolution. The Code Enforcement Officer or his authorized representative may enter any building or premises for the purpose of inspection or to prevent violation of the Municipal Code, upon presentation of proper credentials.

[2] Keep a record of all proceedings in his office and all complaints made to him as Code Enforcement Officer, which shall be open for inspection by the Mayor and the Borough Council and shall be the property of the Borough.

[3] Make recommendations to the Mayor and Borough Council for improvement in the enforcement of the Municipal Code and any other code or ordinance which he is responsible for enforcing.

(3) Health Officer per a yearly contract awarded by resolution.

B. Office of Fire Protection.

C. Office of Construction.

(1) Construction Official.

(a) Position created. There is hereby created the position of Construction Official of the Borough of Bradley Beach.

(b) Duties. The duties of said Construction Official shall be to administer and enforce the State Uniform Construction Code pursuant to the provisions of Public Law 1975, Chapter 217.[1]

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

(c) Power to overrule subcode official. The Construction Official shall have the power to overrule a determination of a subcode official based on an interpretation of a substantive provision of the subcode which such subcode official administers only if the Construction Official is qualified to act, pursuant to the State Uniform Construction Code Act,[2] as a subcode official for such subcode.

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

(d) Power to serve as subcode official. The Construction Official may serve as a subcode official for any subcode which he is qualified to administer under the State Uniform Construction Code Act.[3]

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

(e) Qualifications for service. A subcode official or Municipal Engineer may serve as a Construction Official if otherwise qualified under the provisions of the State Uniform Construction Code Act.[4]

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

(f) Compensation. The annual salary and compensation for the Construction Official shall be determined from time to time by the Mayor and Borough Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[5]

[5] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.

(2) Building Subcode Official.

(a) Position created. There is hereby created the position of Building Subcode Official of the Borough of Bradley Beach.

(b) Duties. The duties of said Building Subcode Official shall be to administer and enforce the building subcode of the State Uniform Construction Code and, pursuant to said building subcode, pass upon:

[1] Matters relative to the mode, manner of construction or materials to be used in the erection or alteration of buildings or structures, except as to any such matter foreclosed by state approval pursuant to the State Uniform Construction Code Act.[6]

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

[2] Actual execution of the approved plans and the installation of the materials approved by the state.

(c) Compensation. Compensation. The annual salary and compensation for the Building Subcode Official shall be determined from time to time by the Mayor and Borough Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[7]

[7] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.

(3) Fire Subcode Official.

(a) Position created. There is hereby created the position of Fire Subcode Official in the Borough of Bradley Beach.

(b) Duties. The duties of said Fire Subcode Official shall be to administer and enforce the fire prevention subcode of the State Uniform Construction Code and, pursuant to said fire construction subcode, to pass upon matters relative to the mode and manner of construction or the materials to be used in the erection or alteration of buildings or structures, except as to any such matter foreclosed by state approval pursuant to the State Uniform Construction Code Act,[8] and to pass upon the actual execution of the approved plans and the installation of the materials approved by the state.

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

(c) Compensation. Compensation. The annual salary and compensation for the Fire Subcode Official shall be determined from time to time by the Mayor and Borough Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[9]

[9] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.

(4) Plumbing Subcode Official.

(a) Position created. There is hereby created the position of Plumbing Subcode Official for the Borough of Bradley Beach.

(b) Qualifications. To be appointed to the position of Plumbing Subcode Official, an individual must meet the following requirements:

[1] Possess the necessary licenses and be certified by the State of New Jersey as a Plumbing Subcode Official;

[2] Meet the statutory requirements for appointment as a subcode official as set forth in N.J.S.A. 52:27D-126.2;

[3] Possess the ability to read, write, speak, understand or communicate in English sufficiently to perform the duties of the position;

[4] Possess good health and freedom from disabling physical and mental defects which would impair the proper performance of the required duties or which might endanger the health and safety of oneself or others. Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such person may not be eligible.

(c) Compensation. Compensation. The annual salary and compensation for the Plumbing Subcode Official shall be determined from time to time by the Mayor and Borough Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[10]

[10] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.

(5) Electrical Subcode Official.

(a) Position created. There is hereby created the position of Electrical Subcode Official for the Borough of Bradley Beach.

(b) Qualifications. To be appointed to the position of Electrical Subcode Official, an individual must meet the following requirements:

[1] Possess the necessary licenses and be certified by the State of New Jersey as an Electrical Subcode Official;

[2] Meet the statutory requirements for appointment as a subcode official as set forth in N.J.S.A. 52:27D-126.2;

[3] Possess the ability to read, write, speak, understand or communicate in English sufficiently to perform the duties of the position;

[4] Possess good health and freedom from disabling physical and mental defects which would impair the proper performance of the required duties or which might endanger the health and safety of oneself or others. Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such person may not be eligible.

(c) Compensation. Compensation. The annual salary and compensation for the Electrical Subcode Official shall be determined from time to time by the Mayor and Borough Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[11]

[11] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.

D. Zoning Officer.

(1) There is hereby created the position of Zoning Officer for the Borough of Bradley Beach.

(2) Duties. The duties of the Zoning Officer shall be:

(a) To administer and enforce the Zoning Ordinances of the Borough of Bradley Beach.[12]

[12] Editor's Note: See Ch. 450, Zoning.

(b) To issue zoning permits in accordance with the provisions of § 450-79 of the Code of the Borough of Bradley Beach.

(c) To interpret Chapter 450, Zoning, and answer all inquiries with regard to zoning.

(d) To keep a record of all applications for zoning permits and of all zoning permits and certificates issued, with a notation of all special conditions involved.

(e) To file and safely keep copies of all plans submitted in conjunction with an application for a zoning permit.

(f) To collect and record fees for zoning permits.

(g) To prepare a monthly report for the Borough summarizing all activity of the previous month concerning the duties of the Zoning Officer.

(h) The Zoning Officer shall be deemed to be the Administrative Officer as defined in N.J.S.A. 40:55D-3 and shall also issue certifications on behalf of the Borough of Bradley Beach, certifying whether or not a subdivision has been approved by the Borough.

(i) The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with various municipal ordinances, initiate and enforce rules and regulations in relation to enforcement of ordinances, initiate necessary legal action against violators of various municipal ordinances, prepare needed reports, establish and maintain the records and files, and may assist in the promulgation of municipal ordinances.

(3) Compensation. The annual salary for the position of Zoning Officer of the Borough of Bradley Beach shall be determined from time to time by the Mayor and Council and shall be paid in accordance with the provisions of the Salary Ordinance of the Borough of Bradley Beach.[13]

[13] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Borough Clerk and is subject to examination during regular office hours.