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| Chapter 131 - CONSTRUCTION CODES, UNIFORM |
Footnotes: --- ( 1 ) --- History—Adopted by the Council of the City of Jersey City May 4, 1971 as Ch. 7, Art. I, of the 1971 Jersey City Code, as readopted September 19, 1978 by Ord. No. S-128. Amendments noted where applicable. Cross reference— Department of Housing, Economic Development and Commerce, Ch. 3; Demolition of buildings, Ch. 105; Numbering of buildings, Ch. 108; Certificates of occupancy, Ch. 119; condominium conversions, Ch. 128; contractors, Ch. 134; elevators, Ch. 155; fees and charges, Ch. 160; flood damage prevention, See Ch. 172; housing accommodations, Ch. 188; multiple dwellings, Ch. 218; sewers, Ch. 281; zoning, Ch. 345. |
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| § 131-1. - Enforcing agency established. |
[Amended 9-26-2018 by Ord. No. 18-106 ; 3-13-2019 by Ord. No. 19-014 ] A. There is hereby established in the City of Jersey City a State Uniform Construction Code Enforcing Agency, 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. Cross reference— Division of Construction Code Official, § 3-75.A. B. The Construction Official and Subcode Officials of the Enforcing Agency shall be appointed by the Director of the Department of Housing, Economic Development and Commerce and such positions shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended [2] 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. [Amended 6-14-1995 by Ord. No. 95-050; 8-13-1997 by Ord. No. 97-052] 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. D. The City hereby adopts the 2024 Edition of the Construction Site Safety Manual, as amended, and Installation Requirements and Maintenance for Air Pressurized Standpipes for Buildings under Construction or Demolition, which is on file in the Office of the City Clerk. The 2024 Edition of the Construction Site Safety Manual replaces and supersedes the all previous versions of the Construction Site Safety Manual. [Added 8-6-2008 by Ord. No. 08-100 ; amended Ord. No. 25-010 , 2-26-2025; Ord. No. 25-052 , 5-7-2025] E. The Construction Official may enforce and amend the 2024 Edition of the Construction Site Safety Manual. The Construction Official, fire official and any official authorized by New Jersey Court Rule 7:2-2(a) (4) may enforce the provisions of this section as necessary. [Added 8-6-2008 by Ord. No. 08-100 ; amended Ord. No. 25-010 , 2-26-2025] F. The regulations contained in the 2024 Edition of the Construction Site Safety Manual and Installation Requirements and Maintenance for Air Pressurized Standpipes for Buildings under Construction or Demolition are made a part of Chapter 131 of the Municipal Code and are hereby incorporated by reference. [Amended Ord. No. 25-010 , 2-26-2025] G. In addition to any power conferred upon the Construction Official pursuant to the New Jersey Administrative Code, the Construction Official and any subcode official may enforce compliance with the Construction Site Safety Manual by issuing complaint/summons under authority of the Jersey City Code and the Penalty Enforcement Law, N.J.S.A. 2A:58-10, et seq. [Added 8-6-2008 by Ord. No. 08-100 ; amended Ord. No. 25-010 , 2-26-2025] H. A certified copy of the 2024 Edition of the Construction Site Safety Manual and Installation Requirements and Maintenance for Air Pressurized Standpipes for Buildings under Construction or Demolition shall be on file and available for review online and at the offices of the Construction Official and the City Clerk. Photocopies may be obtained for a fee, pursuant to the City Code provision for fees. [Added 8-6-2008 by Ord. No. 08-100 ; amended Ord. No. 25-010 , 2-26-2025] Footnotes: --- ( 2 ) --- State Law reference— See N.J.S.A. 52:27D-119 et seq. |
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| § 131-10. - Exemption from fees. |
[Added 5-1-1979 by Ord. No. S-210; amended 4-22-1982 by Ord. No. MC-171; 9-22-1983 by Ord. No. MC-471; 3-10-1988 by Ord. No. C-694] A. All nonprofit hospitals, nursing homes and building contractors hired by the City of Jersey City and the State of New Jersey are exempted from the payment of any fees for any type of construction permit. B. The Jersey City Housing Authority shall be exempt from payment of elevator inspection fees provided in Chapter 160 , Fees and Charges. C. All nonprofit entities having as one of their purposes the development of housing certified in writing by the Director of the Department of Housing, Economic Development and Commerce as affordable to low- and moderate-income individuals and families according to the definitions and affordability controls contained in the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and in the regulations of the Council on Affordable Housing, N.J.A.C. 5:91 and 5:92, specifically Subchapter 12 of N.J.A.C. 5:92, shall pay the sum as provided in Chapter 160 , Fees and Charges, for any type of construction permit for each certified affordable residential dwelling unit. [Amended 6-14-1995 by Ord. No. 95-050; 8-13-1997 by Ord. No. 97-052] D. All developers of housing certified in writing by the Director of the Department of Housing, Economic Development and Commerce as affordable to low- and moderate-income individuals and families according to the definitions and affordability controls contained in the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and in the regulations of the Council on Affordable Housing, N.J.A.C. 5:91 and 5:92, specifically N.J.A.C. 5:92, shall pay the sum as provided in Chapter 160 , Fees and Charges, for any type of construction permit for each certified affordable residential dwelling unit. [Amended 6-14-1995 by Ord. No. 95-050; 8-13-1997 by Ord. No. 97-052] E. Developers of affordable housing which has been certified as affordable to low- and moderate-income persons or families by the Director of the Department of Housing, Economic Development and Commerce pursuant to Subsections C and D of this section, and was initiated after July 2, 1985, when the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., became operative, shall be reimbursed for all construction permit fees paid after July 2, 1985, for the construction of affordable housing in Jersey City except for the sum as provided in Chapter 160 , Fees and Charges, for any type of construction permit for each certified affordable residential dwelling unit. [Amended 6-14-1995 by Ord. No. 95-050; 8-13-1997 by Ord. No. 97-052] F. Pursuant to N.J.S.A. 52:27D-126e, there shall be no fee for construction permits for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by the disabled to public or private structures or any facilities contained therein. [Added 2-26-1992 by Ord. No. McC-415] |
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| § 131-11. - Report by Construction Official regarding fees. |
[Added 2-27-1991 by Ord. No. McC-243] The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the City of Jersey City annually 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. [3] Footnotes: --- ( 3 ) --- Editor's Note: See N.J.S.A. 52:27D-119 et seq. |
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| § 131-12. - Surcharge fee for training, certification and technical support programs. |
[Added 2-27-1991 by Ord. No. McC-243; 6-14-1995 by Ord. No. 95-050] 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 in the amount set by the state. 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. |
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| § 131-13. - Historic sites. |
[Added 10-14-1980 by Ord. No. S-477; 6-14-1995 by Ord. No. 95-050] A. No permits shall be issued for the alteration, renovation, repair or demolition of a building or structure officially designated and approved as a historic site until such plans are approved by the Historic Preservation Commission. B. The Building Superintendent and/or Construction Official or Enforcing Agency shall maintain a file of all historic sites certified and filed by the Historic Preservation Commission. Said file shall be checked whenever an application for a permit is received. If the application pertains to a historic site, the application and plans accompanying the same shall be submitted to the Historic Preservation Commission for review and determination. No permit pursuant to such application shall be issued until the Historic Preservation Commission approves the plans. |
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| § 131-14. - Definitions. |
[Added 6-30-2021 by Ord. No. 21-041 ] A. GENDER NEUTRAL SIGNAGE mean a sign that indicates a restroom without preference to a specific gender. B. SINGLE-USER RESTROOM means a lockable restroom available for an individual for use with or without assistance. |
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| § 131-15. - Signage required. |
[Added 6-30-2021 by Ord. No. 21-041 ] A. Where single-use restroom facilities are permitted by the law, such facilities shall have gender-neutral signage no later than the sixtieth day following the effective date of the ordinance from which this article derives. New facilities shall comply upon opening for public use. B. Gender-neutral signage may include any one of the following: (1) In accordance with the National Standard Plumbing Code, in occupancies serving 15 or fewer people, one toilet facility, designed for use by no more than one person at a time, shall be permitted for use by both sexes. (2) In business occupancies with a total floor area of 1,500 square feet or less, one toilet facility, designed for use by no more than one person at a time, shall satisfy the requirements for serving customers and employees of both sexes. (3) In mercantile occupancies with a net occupiable floor area of 1,500 square feet or less that is accessible to customers, one toilet facility designed for use by no more than one person at a time shall satisfy the requirements for serving customers and employees of both sexes. |
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| § 131-2. - Construction permits. |
[Added 4-23-2025 by Ord. No. 25-026 ] SECTION 1: REQUIREMENT FOR CONSTRUCTION PERMITS Before any construction permit may be issued by the Construction Official of the City of Jersey City, the applicant must demonstrate that the following prior approvals have been obtained and are in good standing: A. Demolition Permit: Permits for new construction will not be issued for a site with an existing structure unless a demolition permit has been issued for the property. B. Subdivision/Consolidation: Applications for permits will not be accepted for properties unless the lots have been either subdivided or consolidated. C. State-Mandated Prior Approvals: i. Waterfront Development Permit: For projects within 500 feet of the Hudson River. ii. DEP Flood Hazard Permit: For sites located within the Special Flood Hazard Zone. iii. DEP Soil Erosion and Sediment Control: For land disturbance of 5,000 square feet or more. iv. Passaic Valley Sewage: For new construction, additions, and changes of use. v. NJ Sports and Exposition Authority: For areas within their jurisdiction (NJSEA Website). vi. NJ Department of Community Affairs: For health facilities, as per Bulletin 98-3 (NJ DCA Bulletin 98-3). D. Local Prior Approvals: i. Jersey City Zoning: Approval from the Jersey City Zoning Office. ii. Jersey City MUA: For water and sewer requirements. iii. Jersey City Tax Collector's Office: To confirm compliance with any Payroll Tax Requirements. iv. Jersey City Health Department: For rodent control. v. Jersey City Traffic and Engineering: For a traffic safety plan and any street and sidewalk closures. vi. Jersey City Fire Safety: For combustible permits. vii. Plan Review Fee: Payment of the plan review fee. viii. Jersey City Forestry Division: To obtain forestry permits. ix. Jersey City Tax Assessor's Office: For payment of any pre and post development fees. SECTION 2: GRACE PERIOD FOR CODE REVISIONS In accordance with N.J.A.C. 5:23-1.6 (Grace Period), applicants may submit a complete permit application, including all prior approvals, for review under the code in force immediately preceding any subcode revision within six months following the operative date of the subcode revision. Provided the application is complete, the Construction Official and applicable subcode officials shall perform the plan review and issue construction permits based on the code in force immediately prior to the operative date of the subcode revision. This grace period shall apply only to revisions of subcodes. In the case of a project under review where a permit has not been issued as of the operative date of a subcode revision, the review shall continue, and permits shall be issued based on the code in force immediately prior to the operative date of the subcode revision. SECTION 3: LOCAL ENFORCING AGENCY PLAN REVIEW As per N.J.A.C. 5:23-2.15 (Local Enforcing Agency Plan Review), if state, county, or local prior approvals have not been granted, the plan review shall proceed, provided that the permit application is otherwise complete and the plan review fee has been paid. However, no permit shall be issued until all required state, county, and local approvals are in place. Based on these regulations, should a code change occur, applications for permits will be accepted, the plan review fee will be paid, and review will be conducted. If the prior approvals, as stipulated above, have not been met and the deadline passes, the application will be deemed incomplete. The applicant will be required to refile based on the new code and pay a new plan review fee. SECTION 4: SUBMISSION OF DOCUMENTATION All documentation demonstrating compliance with the above-listed requirements must be submitted to the Construction Official at the time of application for a construction permit. The Construction Official shall not issue a construction permit until all required prior approvals have been received and confirmed to be in good standing. SECTION 5: PENALTIES AND ENFORCEMENT Failure to comply with the requirements of this ordinance may result in: A. Denial or revocation of a construction permit; B. Penalties as outlined in the City's Construction Code Enforcement provisions; or C. Suspension of any ongoing construction activities until compliance is demonstrated. |
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| § 131-9. - Fees. |
[Amended 1-28-1982 by Ord. No. MC-103; 4-23-1986 by Ord. No. C-29; 2-27-1991 by Ord. No. McC-243; 6-14-1995 by Ord. No. 95-050] Fees for permits shall be as provided in Chapter 160 , Fees and Charges. |
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| §§ 131-3—131-8. - Reserved. |
Editor's note— Ord. No. 24-076 , adopted September 25, 2024, amended the Code by repealing former §§ 131-2—131-8, which pertained to the Construction Board of Appeals, and were adopted May 4, 1971 as Ch. 7, Art. I, of the 1971 Jersey City Code, as readopted September 19, 1978 by Ord. No. S-128. Subsequently, the provisions were amended October 14, 1980 by Ord. No. S-477; February 25, 1988 by Ord. No. C-655; and June 14, 1995 by Ord. No. 95-050. Subsequent to the repeal of § 131-5, Ord. No. 25-006 made amendments to 131-5, which have not been codified at the discretion of the editor. |
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