[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
12-22-1976 by Ord. No. 1976:293 (Ch. 28 of the 1967 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Borough-owned property — See Ch. 79.
Unfit buildings — See Ch. 85.
Driveways — See Ch. 92.
Fences — See Ch. 103.
Fire prevention — See Ch. 106.
Flood damage prevention — See Ch. 108.
Subdivision of land and site plan review — See Ch. 173.
Swimming pools — See Ch. 176.
Zoning — See Ch. 200.
Fees and deposits — See Ch. A301.
A.
There is hereby established in the Borough of Closter
a State Uniform Construction Code enforcing agency to be known as "BOCA,"
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.
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, as amended,[1] 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,[2] and N.J.A.C. 5:23 to hold each such position.
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.
[Added 12-11-2002 by Ord. No. 2002:886]
The Mayor and Council may appoint the position of Technical Assistant
and any other assistants that the governing body may from time to time deem
necessary and proper. Said appointments will be for a maximum term of one
year. Nothing herein is meant to prohibit reappointment of any individual
to additional terms by the Mayor and Council.
[1]
Editor's Note: Former § 89-2, Construction Board of Appeals,
was repealed 12-17-2001 by Ord. No. 2001:853.
[Amended 1-2-1978 by Ord.
No. 1978:323; 2-25-1980 by Ord.
No. 1980:370: 9-9-1981 by Ord. No. 1981:419; 9-27-1989
by Ord. No. 1989:585; 9-11-1991
by Ord. No. 1991:614; 1-3-1994 by Ord.
No. 1993:663]
A.
The fees for a construction permit shall be the sum of subcode fees listed in Chapter A301, Fees and Deposits, and shall be paid before the permit is issued.
(1)
For combinations of renovations and additions, the sum
of fees computed separately as renovations and additions.
(2)
The fee set forth for swimming pools shall be exclusive
of the permit fee for any accessory structure to be used in connection with
such pool.
(3)
Plan review. The amount paid for this fee shall be credited
to the amount of the fee to be charged for the construction permit, but shall
not be refundable.
B.
The Construction Official shall, with the advice of the
subcode officials, prepare and submit to the Mayor and Council of the Borough
of Closter, 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. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee per cubic foot of volume of new construction as set forth in Chapter A301, Fees and Deposits. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, 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.
D.
Construction Board of Appeals fee. The fee for filing an application with the Construction Board of Appeals shall be as set forth in Chapter A301, Fees and Deposits. In addition, the applicant shall post a sufficient escrow to cover the cost of an attorney to represent the Construction Board of Appeals, should the Board require the services of an attorney for the application. The attorney for the Board of Appeals shall be paid at a fee equal to the hourly fee of the Borough Attorney. If the escrow fee posted is insufficient, the applicant shall pay the rest of the costs incurred by the Construction Board of Appeals within 10 days of receiving a bill from the Board. In paying the attorney representing the Board, if the escrow posted exceeds the amount expended by the Board for attorney's fees, the balance remaining in escrow shall be returned to the applicant. The amount of the escrow fee to be posted initially shall be determined by the Secretary to the Board, and the escrow shall be posted simultaneously with the application fee.
A.
The following fire limits are established pursuant to
N.J.A.C. 5:23: industrial, commercial and business properties as they exist
in accordance with the Zoning Map, Borough of Closter, prepared by Alfred
C. Hobelman, Borough Engineer, dated March 8, 1961, revised by Azzolina Engineering
Co., Borough Engineer, July 2, 1971.[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B.
The Construction Official shall prepare and submit to
the Mayor and Council of the Borough of Closter, 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.
[Added 10-26-1977 by Ord.
No. 1977:318; amended 11-9-1977
by Ord. No. 1977:319]
There is hereby established in the Borough of Closter the position of Elevator Inspector. The Elevator Inspector shall be appointed by the Mayor, with the advice and consent of the Borough Council. The Elevator Inspector shall be a qualified agent or agency and shall be approved by the Building Subcode Official. The Elevator Inspector shall hold office for one year from the time of his or her appointment and until his or her successor shall have qualified. The Elevator Inspector shall be paid for his or her services 80% of the fees prescribed in § 89-7 of the Code of the Borough of Closter.
[Added 10-26-1977 by Ord.
No. 1977:318]
The duties of the Elevator Inspector shall be in accordance with the
New Jersey Uniform Construction Code, specifically Article 16 of the BOCA
Basic Building Code/1975, including all revisions and amendments thereto.
[Added 10-26-1977 by Ord.
No. 1977:318]
The fees for conducting acceptance tests, maintenance tests and periodic
inspections shall be paid prior to the issuance of a certificate of compliance.
The fees shall be in accordance with the New Jersey Uniform Construction Code.
[Added 10-26-1977 by Ord.
No. 1977:318]
Any person, firm or corporation who or which shall violate any of the
provisions of the New Jersey Uniform Construction Code, specifically Article
16 of the BOCA Basic Building Code/1975, including all amendments and revisions
thereto, fail to comply with any order by the Elevator Inspector or the enforcing
agency or make a false or misleading statement or omit any required information
or statement in any application or request for approval to the Elevator Inspector
or the enforcing agency shall, upon conviction therefor, be subject to a fine
of not more than $500.
