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ORDINANCE AMENDING AND SUPPLEMENTING TITLE 7, STATE UNIFORM CONSTRUCTION CODE ENFORCING AGENCY, CHAPTER 2, PERMITS AND FEES, SUBSECTION 3.5, ELEVATOR SUBCODE OF THE REVISED ORDINANCES OF THE CITY OF NEWARK
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WHEREAS, N.J.S.A. 52:27D-124.3, authorizes a municipal enforcing agency to include in fees charged by it for work done by private agencies in the administration of the State Uniform Construction Code Act, P.L. 1975, c.217 (C.52:27D-119, et seq.), an amount sufficient to cover a proportionate share of administrative costs incurred by the local enforcing agency in connection with inspections performed by the private agencies; and
WHEREAS, the City of Newark utilizes private agencies to perform such work and charges, in connection with elevator inspections, an administrative fee of forty percent (40%) of Third Party Vendor fees; and
WHEREAS, the Construction Official and the Director of the Department of Engineering, deem it advisable and necessary to amend the Revised Ordinances of the City of Newark to so provide.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, O NEW JERSEY, THAT:
[Note: Additions are noted as underlined text and deletions as strike-outs.]
Section 1. Title VII, Chapter 2, Subsection 3.5, Elevator Subcode, shall be amended and supplemented as follows:
7:2-3.5. Elevator Subcode.
Elevator fees shall be based upon fee prescribed in N.J.A.C. 5:23-12.5 and 5:23-12.6. (Ord. 6 S+FO, 8-3-88; Ord. 6 S+FA, 5-21-97). The Uniform Construction Office shall collect an administrative fee, set at forty percent (40%) of Third Party Vendor fees, in order to cover a proportionate share of administrative costs incurred by the local enforcing agency in connection with inspections performed by private agencies for the enforcement of the Elevator Subcode. The monies so collected shall be deposited in a Dedicated Trust by Rider, which monies may be expended to offset such administrative costs.
Section 2. Any prior ordinances or parts thereof inconsistent herewith are hereby repealed.
Section 3. If any part of this ordinance is declared unconstitutional or illegal, the remaining provisions shall continue in full force and effect.
Section 4. The repeal of this ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
The purpose of this Ordinance is to amend and supplement Title VII, Chapter 2, Subsection 3.5, Elevator Subcode, to authorize the collection and deposit of a forty percent (40%) administrative fee in a Dedicated Trust by Rider and the expenditure of such funds to offset the administrative costs of inspections of elevators by private agencies.