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CONSTRUCTION CODE PROCESS OVERVIEW
This page discusses the general sequence of events for residential construction projects in the Township. At the end of the page, a few NOTES give you some valuable advice.
Some DEFINITIONS you will need:
- The Construction Department consists of the Construction Official, several Subcode Officials, several inspectors, and the Construction Office Clerk.
- Work regulated by the Construction Code is preceded by one or more APPLICATIONS for "CONSTRUCTION PERMITS" and is concluded when the Construction Department issues a "CERTIFICATE OF OCCUPANCY" (CO).
- The "APPLICANT" may be either the property owner or an agent (i.e. contractor) authorized by the owner to obtain the Permits.
- The "RESPONSIBLE PERSON in charge of the work" may be either the property owner or an agent (i.e. general contractor) authorized by the owner to complete the "APPLICATION FOLDER" and to apply for the Certificate of Occupancy. The "RESPONSIBLE PERSON" is generally one of the "Applicants" for a permit as defined above.
SEQUENCE OF ACTIVITIES
- Determine if the planned project meets the Zoning requirements for permitted uses. If not, obtain a Variance from the Zoning Board of Adjustment. Other prior approvals (e.g. wetlands) may be required. Obtain them. If in doubt, talk to the Zoning Administrator. You will need evidence that these approvals have been obtained when you apply for a Construction Permit.
- Determine if a Construction Permit is required. If in doubt, talk to the Construction Department.
- Just because you don't need a Construction Permit does NOT mean the activity isn't regulated. Discuss the project with the Construction Department to be sure.
- The "RESPONSIBLE PERSON" completes a Construction Permit Application Folder and submits it to the Construction Department. The Folder must contain:
- Information about the property, type of work, Applicant, RESPONSIBLE PERSON, and contractors. This section must be signed by the RESPONSIBLE PERSON.
- The Construction Subcode Application technical section forms for each type of work included in the project (Building, plumbing, electrical and fire). Plumbing and Electrical Subcode technical forms must be completed and signed by a licensed contractor, and must have his "raised seal"; EXCEPT that an owner/occupant may perform his or her own electrical and plumbing work. (See licenses note below.)
- Two sets of plans and specifications for review. Architect's plans must bear the seal and signature of a New Jersey licensed architect; EXCEPT that an owner/occupant may prepare his or her own plans. (See licenses note below.)
- Two copies of the plot plan or survey for certain types of work. See the survey note below.
- If fill or significant regrading are involved, an ENGINEER must prepare a Grading Plan, which modifies the survey to indicate existing and proposed elevations, retaining walls, etc. A Fill Permit will also be required for this work.
- The application forms, plans and the Subcode Technical sections are reviewed by the Construction Department for completeness of information and for compliance with the applicable codes. Applications may be approved, disapproved, or additional information and clarification may be requested.
- When the Application is approved, the RESPONSIBLE PERSON or applicant must pay the calculated fees and then the following are issued:
- A copy of each subcode permit;
- A construction placard, which must be posted visibly on the site;
- A copy of the approved plans, which must be kept on the jobsite;
- A receipt for the permit fees; and
- An inspection list and schedule.
- As construction proceeds, the applicant refers to the inspection schedule, and calls the Construction Department to schedule the various progress inspections.
- Upon completion of all work, the applicant schedules Final Inspections for each Subcode.
- After all Final Inspections are complete and approved, the RESPONSIBLE PERSON applies for a Certificate of Occupancy. When the CO is issued, the work is complete.
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LICENSES
Electricians and Plumbers MUST be licensed by the state of New Jersey. They must have a raised seal which they must apply to all applications. An OWNER/OCCUPANT of a single family house does NOT HAVE TO HIRE a licensed electrician or plumber to do the work. However, you must be qualified to do it yourself (i.e. well enough to pass inspection.) The same guidelines hold true for the overall project plans. An owner/occupant does not have to hire a licensed architect. ( Note that this exception is NOT allowed for work in a multi-family house, or for the owner OR tenant of a single family rental.)
General Contractors, Carpenters and Painters do not require a license in New Jersey to do remodeling or alterations. Be sure to verify references carefully. There is no simple recourse if the work does not turn out right. Again, as an OWNER/OCCUPANT, if you are qualified and willing to meet the inspection requirements, you may apply for a permit and do the work yourself. (Builders of NEW houses must be licensed.)
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SURVEY
You must submit two copies of a plot plan or survey for the following types of work: Additions, decks, porch enclosure, addition to the 2nd story above an existing house, permit for ground signs, above ground and in-ground pools and any project involving fill or significant regrading of the property.
- The Survey must be accurate, and the most current available. It should contain a legend that it is "certified to (the current owner)."
- The survey must must contain the title block and scale to be complete. It must not be reduced - that is, the indicated scale must be true, so the Construction Department can make accurate measurements on the survey. If your attorney gave you a reduced survey, you should request that he (or the surveyor himself) furnish you a "full size" copy - to the indicated scale.
- ALL EXISTING changes since the survey must be reflected. This includes additional driveways, patios, additions, pools, sheds, etc. If the changes are significant, a new survey may be required.
- The proposed construction must be drawn on the survey in the proper location and scale, and labelled.
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COMPLETION OF THE JOB
Any time a Construction Permit has been issued, the work is not considered complete until the Construction Department completes ALL the inspections and issues a Certificate of Occupancy. The contractor must apply to the Construction Department for a Certificate of Occupancy, and they can either issue it or deny it. The job is ONLY complete when the Certificate of Occupancy is issued. Be sure that your contract is clear that you will not make your FINAL PAYMENT until that time.
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DISPUTES
- If you believe that a Permit or Certificate of Occupancy was wrongfully denied, OR
- If you believe that an Inspection was wrongfully failed.
You may appeal the decision to the Morris County CONSTRUCTION BOARD OF APPEALS, 30 Schuyler Place, Morristown, NJ, 973-829-8120.
- If a Construction Permit or Certificate of Occupancy was denied on the basis of ZONING issues.
You may appeal to the Zoning Board of Adjustment.
- If your contractor fails to perform the work expected, or to perform the work in a timely manner.
You must resolve that yourself, or seek legal counsel. Township construction officials can not get involved other than to point out inspection failures to the RESPONSIBLE PERSON.
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12/29/06
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