The establishment of the Uniform Construction
Code Enforcement Agency shall enforce the terms and conditions of
the State Uniform Construction Code as set forth in C. 217 of P.L.
1975, and N.J.A.C. Title 5:23.
A.
Pursuant to P.L. 1975, C. 217, known as the "Uniform
Construction Code Act of the State of New Jersey" (hereinafter referred
to as "the Act"), there is hereby established in the Town of Boonton
a State Uniform Construction Code Enforcing Agency to be known as
the "Uniform Construction Code Department of the Town of Boonton,"
consisting of a Construction Official, Electrical Subcode Official,
Fire Protection Subcode Official, Building Subcode Official and Plumbing
Subcode Official, and one or more essential staff member employees
which positions are hereby created. The Construction Official shall
be the chief administrator of the enforcing agency. He shall have
the power to overrule a determination of a subcode official based
on an interpretation of a substantive provision of the subcode which
each subcode official administers only if the Construction Official
is qualified to act pursuant to the Act as a subcode official for
such subcode. He may serve as subcode official of any subcode which
he is qualified under the Act to administer. A subcode official or
Municipal Engineer may be designated by the Mayor and Board of Aldermen
to act as a Construction Official, or an assistant or other municipal
official to act as a subcode official for a period not exceeding 30
consecutive calendar days or 60 calendar days in a calendar year,
even if such temporary official is not certified by the Commissioner.
A subcode official or Municipal Engineer may be employed on a full-
or part-time basis or hold other positions within the Town.
B.
Each official position created in Subsection A shall be filled by a person by resolution of the Town of Boonton in accordance with and as 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.
C.
The public shall have the right to do business with
the Town Uniform Construction Code Department at the office of the
Construction Official except for emergencies, and unforeseen or unavoidable
circumstances during regular business hours.
D.
The examination and approval of applications for permits,
expiration or cancellation of permits shall be as follows:
(1)
The enforcing agency shall examine each application
or a construction permit. If the application conforms with the Act,
the Code and the requirements of other applicable laws, administration
regulations, and ordinances, it shall be deemed a completed application
and the enforcing agency shall approve the application and shall issue
a construction permit to the applicant. Every completed application
for a construction permit shall be granted, in whole or in part, or
denied within 20 business days. If completed application is denied
in whole or in part, the enforcing agency shall set forth the reasons
therefor, in writing. If an enforcing agency fails to grant, in whole
or in part, or deny a completed application for a construction permit
within the period of time prescribed herein, such failure shall be
deemed a denial of the application for purposes of an appeal to the
Construction Board of Appeals unless such period of time has been
extended with the consent of the applicant, in writing. The enforcing
agency may approve changes in plans and specifications previously
approved by it, if the plans and specifications when so changed remain
in conformity with law.
(2)
A construction permit, issued in accordance with the
foregoing provisions, pursuant to which no construction has been undertaken
above the foundation walls within one year from the time of issuance,
shall expire. The enforcing agency may suspend, revoke or cancel a
construction permit in case of neglect or failure to comply with the
provisions of this Act or the code, or upon a finding by it that a
false statement or representation has been made in the application
for the construction permit.
(3)
The enforcing agency shall have all other powers as
enumerated in the Act and administrative regulations adopted with
reference thereto.
[Last amended 5-4-2009 by Ord. No. 9-2009]
A.
Construction
permit. The fee for a construction permit shall be the sum of the
subcode fees listed herein and shall be paid before the permit is
issued.
(1)
Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a new construction permit.
(2)
Construction fee, building subcode work fee. The fees for the building
subcode shall be as follows:
(a)
New construction permit fees shall be based upon the volume of the
structure. Volume shall be computed in accordance with Section 5.23-2.28
of the Uniform Construction Code Regulations. The new construction
permit fee shall be in the amount of $0.032 per cubic foot of volume
for buildings and structures of all use groups and types of construction
as classified and defined in Article 2 of the Building Subcode,[1] provided that the minimum fee shall be $75 for a principal
building and $50 for an accessory building.
[Amended 11-5-2012 by Ord. No. 19-2012]
[1]
Editor's Note: See N.J.A.C. 5:23-3.14.
(b)
Permit fees for renovations, alterations and repairs shall be based
upon the estimated cost of the work. The fee shall be in the amount
of $24 per $1,000 of estimated cost, provided that the minimum fee
shall be $50. For the purpose of determining estimated cost, the applicant
shall submit to the enforcing agency, if available, cost data 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 enforcing agency shall make the
final decision regarding estimated cost.
[Amended 11-5-2012 by Ord. No. 19-2012]
(c)
Permit fees for additions shall be computed on the same basis as
for new construction for the added portion, provided that the minimum
shall be $50.
(d)
Permit fees for underground storage tanks shall be $50 per 1,000
gallon capacity or part thereof
(e)
Permit fees for aboveground swimming pools shall be $50, and permit
fees for in-ground pools shall be $150.
(f)
Permit fees to install a fence shall be $40.
(g)
Permit fees to perform asbestos abatement shall be $40.
(h)
Permit fees to perform lead abatement shall be $40.
(i)
Permit fees for residential roofs shall be $50.
(3)
Plumbing subcode fee. The fee for the plumbing subcode shall be as
follows:
[Amended 7-20-2009 by Ord. No. 18-2009]
(a)
The fee shall be in the amount of $13 per fixture for all fixtures except as listed in Subsection A(3)(b) below, provided that the minimum fee shall be $50.
[Amended 11-5-2012 by Ord. No. 19-2012]
(b)
The fee shall be in the amount of $75 per special device for grease
traps, oil separators, central air-conditioning units, indirect connections,
sewer ejectors, interceptors, backflow devices, reduced-pressure backflow
devices, hot water boilers, steam boilers and warm-air furnaces. There
shall also be a fee in the amount of $50 per water utility connection,
sewer utility connection and gas piping test.
[Amended 11-5-2012 by Ord. No. 19-2012]
(c)
For the purposes of computing this fee, fixtures [as noted in Subsection A(3)(a) above] shall include lavatories, kitchen sinks, slop sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, clothes washers, hot-water heaters, commercial dishwashers, hose bibs, water coolers and vent stacks.
(4)
The fee for a demolition permit shall be $50 for a residential building,
$100 for a commercial building and $40 for an accessory structure.
(5)
The fee for a permit for removal of one building from one lot to
another or to another location on the same lot shall be in the amount
of $17 per $1,000 of estimated cost of moving, plus the estimated
cost of a new foundation and all work necessary to place the building
in its completed condition in the new location, provided that the
minimum fee shall be $100.
(6)
The fee for a permit to construct or modify a sign shall be in the
amount of $40.
(8)
The fee for a permit to install an elevator shall be in accordance
with the state fee schedule as posted in the Building Department.
A certificate-of-compliance fee of $26 shall be collected upon final
approval. The fee for a reinspection shall be in accordance with the
state fee schedule as posted in the Building Department.
[Amended 7-20-2009 by Ord. No. 18-2009]
(9)
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Mayor and Board of Aldermen, 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.
(10)
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 of 0.00334 per cubic foot
of volume of new construction. The surcharge fee for all other construction
shall be $1.70 per $1,000 of value of 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. 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.
(a)
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 fee collected in the fiscal
year. In the fiscal year in which the regulations first become effective,
the report shall be for the third and fourth quarters only.
(11)
Electrical permit fees shall be in accordance with the state fee
schedule as posted in the Building Department; however, there is a
minimum fee of $50.
[Amended 7-20-2009 by Ord. No. 18-2009]
(12)
Fire protection fees.
(a)
Commercial heating unit (new): $60.
(b)
Residential heating unit (new): $50.
(c)
Commercial heating unit (replaced): $60.
(d)
Residential heating unit (replaced): $50.
(e)
Commercial HVAC unit: $60.
(f)
Residential HVAC unit: $50.
(g)
Gas-burning equipment: $50.
(h)
Installation of chimney, wood stoves, coal stoves, fireplaces
and other unit heaters: $50.
(i)
Installation of commercial kitchen exhaust system: $75.
(m)
Standpipe (per riser): $150.
(n)
Fire pump: $100.
(q)
Installation of liquid propane gas: $50.
(r)
Smoke detector location inspection: $25/unit.
(s)
There is a minimum fee for fire protection fees of $50.
[Added 7-20-2009 by Ord. No. 18-2009]
The fire limits of the Town of Boonton, in the
County of Morris, are hereby fixed and established so as to include
all the property abutting upon the following streets or portions of
streets:
A.
Washington Street from Main Street to Grant Street.
B.
Boonton Avenue from Main Street to Spruce Street.
C.
Main Street from Highland Avenue to Washington Street.
D.
Cornelia Street from Main Street to Birch Street.
E.
Church Street from Main Street to Birch Street.
F.
William Street from Main Street to Birch Street.
G.
Union Street from Birch Street to William Street.
H.
Mechanic Street from Main Street to Birch Street.
I.
Mechanic Street from Cedar Street to end of Ordained
Street.
J.
Division Street from Main Street to Municipal boundary
line.
K.
Myrtle Avenue from Main Street to Municipal boundary
line.
L.
Hawkins Place, all property facing Hawkins Place (shopping
center).
M.
Hawkins Place from Elcock Avenue to West Main Street.
N.
Monroe Street from Madison Street to Rockaway River.
O.
Plane Street from lower Main Street to upper Main
Street.
P.
The area bounded by Main Street, Morris Avenue to
the Rockaway River.
The powers enumerated in the Act shall be interpreted
broadly to effectuate the purposes thereof.
A copy of this article, certified to be a true
copy, shall be forwarded by the Town Clerk to the New Jersey Department
of Community Affairs as required by the Act along with all requisite
reports immediately upon passage.
A.
Any person, including an officer, director or employee
of a corporation who:
(1)
Violates any of the provisions of the Act or rules
promulgated thereunder.
(2)
Constructs a structure or building in violation of
a condition of a building permit.
(3)
Fails to comply with any order issued by an enforcing
agency.
(4)
Makes a false or misleading written statement, or
omits any required information or statement, in any application or
request for approval to an enforcing agency; shall be subject to a
penalty of not more than $500.
B.
Anyone who knowingly refuses entry or access to an
inspector lawfully authorized to inspect any premises, building or
structure pursuant to the Act or who unreasonably interferes with
such an inspection, shall be subject to a fine of not more than $250.
C.
With respect to Subsection A(3) of this section, that he fails to comply with a stop-construction order validly issued by an enforcing agency and for each week that he fails to comply with any other order validly issued by an enforcing agency. With respect to Subsection A(1) and (4) of this section, a person shall be guilty of a separate offense for each violation of any provision of the Act or rules promulgated thereunder and for each false or misleading written statement or omission or required information or statement made in any application or request for approval to an enforcing agency. With respect to Subsection A(2) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
D.
The above-mentioned penalties are subject to change
through amendments or supplements to the Act and/or the administrative
regulations duly adopted pursuant thereto. Payment of a money judgment
pursuant thereto brought by the municipality shall be remitted to
the Municipal Treasurer of the Town of Boonton.
