[HISTORY: Adopted by the Council of the Township
of Montclair 3-25-1997 by Ord. No. 97-11. Amendments noted where
applicable.]
GENERAL REFERENCES
Air conditioning and refrigeration — See Ch. 67.
Fire prevention — See Ch. 153.
Fire safety — See Ch. 157.
Multifamily buildings — See Ch. 213.
Sewers — See Ch. 269.
Signs — See Ch. 277.
Site plan review — See Ch. 281.
Subdivision of land — See Ch. 301.
Swimming pools — See Ch. 305.
Zoning — See Ch. 347.
A.
There is hereby established in the Township of Montclair
a State Uniform Construction Code enforcing agency to be known as
Construction Code Enforcing Division, consisting of a Construction
Official, Electrical Subcode Official, Building Subcode Official,
Plumbing Subcode Official, Fire Subcode Official, Elevator Subcode
Official, Technical Assistant, Control Person and such other subcode
officials 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 Code Official shall be the chief
administrator of the enforcing agency. The Construction Code Official,
all subcode officials, all inspectors and all other personnel shall
be appointed by the Township Manager.
[Amended 9-2-1997 by Ord. No. 97-40]
B.
Each official position created in Subsection A herein 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. Pursuant to P.L. 1975, c. 217,
and N.J.A.C. 5:23, one such official position may be held by the same
person, provided that such person is qualified.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
Appeals from decisions of the enforcing agency
shall be made to the Essex County Construction Board of Appeals as
provided in N.J.S.A. 52:27D-127.
Plumbing and electrical work shall not be undertaken
except by persons licensed to perform such work pursuant to law, except
in the case of a single-family homeowner on the homeowner's dwelling.
A.
Plan review fee. The fee for plan review shall be
20% of the amount to be charged for a new construction permit. The
fee is nonrefundable.
B.
The basic construction permit 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. The minimum permit fee for a basic construction
permit covering any or all of the building, plumbing, electrical and
fire protection work shall be $50.
(1)
Building volume or cost. The permit fees for new construction
or alteration are as follows:
(a)
Permit fees for new construction shall be based
upon the volume of the structure. Volume shall be computed in accordance
with N.J.A.C. 5:23-2.28. The new construction fee shall be in the
amount of $0.0195 per cubic foot of volume for buildings and structures
of all use groups and types of construction as classified and defined
in Articles 3 and 4 of the Building Subcode. The minimum fee for new
construction shall be $175.
(b)
Renovations, alteration and repairs.
[1]
Permit fees for renovations, alteration and
repairs shall be based upon the estimated cost of the work.
[a]
The fee shall be in the amount of $18 per $1,000.
[b]
From $50,001 to and including $100,000, the
additional fee shall be in the amount of $14 per $1,000 of the estimated
cost above $50,000.
[c]
Above $100,000, the additional fee shall be
in the amount of $12 per $1,000 of the estimated cost above $100,000.
[2]
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.
(c)
Permit fees for additions shall be computed
on the same basis as for new construction for the added portion, except
that the minimum fee for an addition shall be $85.
(e)
In order to provide for the training and certification
and technical support programs required by the Act,[1] the enforcing agency shall collect a surcharge fee to
be based upon the volume of new construction within the township.
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.
5:234.19(b). For the purpose of calculating this fee, volume shall
be computed in accordance with N.J.A.C. 5:23-2.28.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
(f)
The fee for the removal or abandonment of any
fuel storage tank shall be $75.
[Added 9-19-2000 by Ord. No. 0046]
(2)
Plumbing fixtures and equipment.
(a)
For the purpose of computing permit fees:
[1]
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 and similar fixtures.
[2]
Plumbing appurtenances shall include but not
be limited to devices, a manufactured device or an on-the-job assembly
of component parts, which adjunct to the basic piping system and plumbing
fixtures, pressure reducing valves, backflow prevention devices, back
water valves, vacuum breakers, grease traps, interceptors and similar
devices.
[3]
Plumbing appliances shall include but not be
limited to 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.
(b)
The permit fee for the installation or replacement
of a plumbing fixture shall be $12 for each plumbing fixture.
(c)
The permit fee for hot water boilers, water
cooled air-conditioning units and steam boilers shall be $50.
(d)
The permit fee for the installation or replacement
of a plumbing appurtenance and/or special device shall be $75 per
plumbing appurtenance and/or special device, except that the fee for
backflow preventors that do not require ongoing inspection shall be
$12.
(e)
The permit fee for the installation or replacement
of a plumbing appliance shall be $35.
(f)
The permit fee for the installation of a house
or building sewer and/or water service pipe is $50.
(g)
The permit fee for the installation of a lawn
sprinkler system shall be $5 for each sprinkler head.
(h)
The permit fee for the installation or replacement
of subsoil drains shall be $25.
(i)
The permit fee for gas piping is $46.
(j)
The permit fee for the installation or replacement
of oil lines and/or oil tank piping shall be $35.
(k)
The minimum fee for any permit issued for the
plumbing subcode shall be $50.
(3)
Electrical fixtures and devices. The permit fees shall
be as follows:
(a)
From one to 50 receptacles or fixtures, the
fee shall be in the amount of $50; for each 25 receptacles or fixtures,
in addition to this, the fee shall be in the amount of $12. For the
purpose of computing this fee, receptacles or fixtures shall include
lighting outlets, wall switches, fluorescent fixtures, convenience
receptacles or similar fixtures and motors or devices of less than
one horsepower or one kilowatt.
(b)
For each motor or electric device greater than
one horsepower and less than or equal to 10 horsepower and for transformers
and generators greater than one kilowatt and less than or equal to
10 kilowatts, the fee shall be $15.
(c)
For each motor or electrical device greater
than 10 horsepower and less than or equal to 50 horsepower, for each
service panel, service entrance or subpanel less than or equal to
200 amperes and for all transformers and generators greater than ten
kilowatts and less than or equal to 45 kilowatts, the fee shall be
$50.
(d)
For each motor or electrical device greater
than 50 horsepower and less than or equal to 100 horsepower, for each
service panel, service entrance or subpanel greater than 200 amperes
and less than or equal to 1,000 amperes, and for transformers and
generators greater than 45 kilowatts and less than or equal to 112.5
kilowatts, the fee shall be $92.
(e)
For each motor or electrical device greater
than 100 horsepower, for each service panel, service entrance or subpanel
greater than 1,000 amperes and for each transformer or generator greater
than 112.5 kilowatts, the fee shall be $457.
(f)
For the purpose of computing these permit 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)
The minimum fee for any permit issued for the
electrical subcode shall be $50.
(h)
For in-ground swimming pools and spas bonding,
one receptacle, one motor, the fee shall be $85.
(i)
For hydromassage tubs, etc., the fee shall be
$35.
(4)
Fire protection and other hazardous equipment. For
sprinklers, standpipes, detectors (smoke and heat), pre-engineered
suppression systems, gas- and oil-fired appliances not connected to
the plumbing system, kitchen exhaust systems, incinerators and crematoriums:
(a)
The fee for 20 or fewer heads or detectors shall
be $50; for 21 to and including 100 heads or detectors, the fee shall
be $100; for 101 to and including 200 heads or detectors, the fee
shall be $195; for 201 to and including 400 heads or detectors, the
fee shall be $475; for 401 to and including 1,000 heads or detectors,
the fee shall be $850. In computing fees, each sprinkler head and
each detector shall be each counted as one.
(b)
The fee for each standpipe shall be $250.
(c)
The fee for each pre-engineered system shall
be $85.
(d)
The fee for each gas- or oil-fired appliance
not connected to the plumbing system shall be $40.
(e)
The fee for each kitchen exhaust system (commercial)
shall be $75.
(f)
The fee for each incinerator shall be $400.
(g)
The fee for each crematorium shall be $400.
(h)
The installation of any fuel storage tank shall
be $75.
[Amended 9-19-2000 by Ord. No. 00-46]
(i)
For each vapor recovery system, the fee shall
be $65.
(5)
Elevator registration and inspection fees.
[Amended 9-2-1997 by Ord. No. 97-40; 2-20-2018 by Ord. No. O-18-007]
(a)
Elevators in the Township of Montclair shall be installed and
inspected pursuant to N.J.A.C. 5:23-12 et seq.
(b)
Elevator registration shall be required pursuant to N.J.A.C.
5:23-12.4 and 12.5.
(c)
All plan reviews for the installation of new elevators shall
be done pursuant to N.J.A.C. 5:23-12 et seq.
(d)
The fee for elevator plan review shall be as set forth in N.J.A.C.
5:23-4.20.
(6)
Certificates and other permits. The fees for certificates
and other permits are as follows:
[Amended 6-10-1997 by Ord. No. 97-24]
(a)
The fee for a demolition or removal permit shall
be $50 for a structure of less than 5,000 square feet in area and
less than 30 feet in height; $75 for one- or two-family residences
(Use Group R-4 of the Building Subcode) and structures on farms, including
commercial farm buildings under N.J.A.C. 5:23-3.2(d) used exclusively
for storage or grain or sheltering of livestock; and $100 per story
for all other use groups.
(b)
The fee for a permit to construct a sign shall
be in the amount of $1 per square foot of surface area of the sign,
computed on one side only; for double-faced signs, the minimum fee
shall be $50.
(c)
The fee for a certificate of occupancy shall
be in the amount of 10% of the new construction permit fee which would
be charged by the enforcing agency pursuant to these regulations.
The minimum fee shall be $85, except for one- and two-family structures
of less than 5,000 square feet in area and less than 30 feet in height,
and structures on farms pursuant to N.J.A.C. 5:23-3.2(d), for which
the minimum fee shall be $50.
(d)
The fee for a certificate of occupancy granted
pursuant to a change of use group shall be $125.
(e)
The fee for a certificate of continued occupancy
shall be $100.
(f)
The fee for an application for a variation in
accordance with N.J.A.C. 5:23-2.10 shall be $250 for Class 1 structures
and $75 for Class 2 structures and Class 3 structures. The fee for
resubmitting of an application for a variation shall be $175 for Class
1 structures and $25 for Class 2 and Class 3 structures.
(g)
The fee for a plan review of a building for
compliance under the alternate systems and nondepletable energy source
provisions of the energy subcode shall be $250 for one- and two-family
homes and for light commercial structures having the indoor temperature
controlled from a single point, and $500 for all other structures.
(h)
The permit fee for asbestos and/or lead abatement
removal from any building or structure shall be $140.
(i)
The permit fee for tents, in excess of 900 square
feet or more than 30 feet in any dimension, shall be $75.
(j)
The fee for a certificate of compliance for
public swimming pools, spas and hot tubs shall be $100.
[Amended 9-19-2000 by Ord. No. 00-46]
C.
Waiver
of fees during emergency.
[Added 1-5-2021 by Ord. No. O-20-25]
(1)
During
any time when a state of emergency or health emergency exists in the
Township, whether declared by the Governor of the State of New Jersey
or by the appropriate Township official, the following permit fees
may be waived by the Manager:
