Toms River's Building Safety: The Rules That Matter

Every city handles building safety a little differently. In Toms River, New Jersey, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Building Permits

Toms River Township requires a licensed engineer's or architect's plot plan for house additions, pools, and any accessory structure, paving, or regrading over 200 square feet, while smaller decks or patios only need a sketch-based zoning permit.

Key details: Full plot plan trigger: over 200 sq ft. Sketch-only permit: 200 sq ft or less. Plan preparer: licensed engineer or architect. Reviewed by: Township Engineer's office.

Starting deck, patio, or paving work without the required plot plan or zoning permit blocks final permit sign-off and can trigger a stop-work order from the Administrative Officer.

Carbon Monoxide Detectors

Before selling, leasing, or changing occupancy of a residential property, Toms River Township owners must obtain a carbon monoxide alarm compliance certificate from the Bureau of Fire Prevention.

Key details: Certificate required: CSDCMAC before sale, lease, or occupancy change. Enforcing agency: Bureau of Fire Prevention. Resale certificate fee: $75. Missed appointment fee: $75 extra. Re-inspection fee: $35 after first failure.

Selling or occupying a residence without the required CSDCMAC certificate violates § 308-55; penalties follow the Uniform Fire Code, N.J.A.C. Title 5, Chapters 70 and 70B.

Fire Sprinkler Requirements

Installing residential fire sprinklers in Toms River Township requires a Fire Subcode plan review under Chapter 252 of the Township Code. For one- and two-family homes (Use Groups R-3 and R-5), § 252-6E(1)(b) charges $85 for the first 20 sprinkler heads, plus $50 for each additional 20 heads, on top of an $85 minimum plan review fee.

Key details: R-3/R-5 sprinkler fee: $85 for first 20 heads. Additional heads: $50 per each additional 20 heads. Other use groups: $150 to $650 by head count. Minimum plan review: $85 for R-3/R-5; $125 others. Fire Protection Subcode Official: Bureau of Fire Prevention.

Chapter 252 does not set out a separate penalty specifically for unpermitted sprinkler work; installing or altering a fire sprinkler system without the required Fire Subcode permit and plan review fee under § 252-6E is enforced as a general Uniform Construction Code violation by the Office of Construction Permits and Inspections, and no certificate of occupancy will issue until the required fire inspection is completed and paid for.

Electrical Permits

Toms River Township adopted the National Electrical Code, 2005 Edition, along with any later amendments the state Department of Community Affairs approves, as its local electrical standard under § 277-1 of the Township Code. No certificate of occupancy can issue for covered work until an authorized inspector approves it, and violating the chapter carries a fine of up to $2,000 or 90 days in jail, or both.

Key details: Adopted code: National Electrical Code, 2005 Edition. Adopted: Dec. 9, 2008, Ord. No. 4168-08. Max penalty: $2,000 fine or 90 days jail. CO requirement: Inspection approval required before occupancy. Code on file: 3 copies kept at Township Clerk's office.

Section 277-5 makes any violation of Chapter 277 punishable by a fine of not more than $2,000 or imprisonment for not more than 90 days, or both, and specifies that these penalties are not exclusive: the township can also abate a violation through a civil action in a court of competent jurisdiction in addition to the fine or jail time.

Plumbing Permits

Toms River Township requires a permit before any plumbing construction or alteration, charging $10 for the first five fixtures under its locally adopted Plumbing Code.

Key details: Permit fee: $10 (covers first 5 fixtures). Extra fixture fee: $0.75 each. Fixture replacement permit: $2. Violation penalty: $2 to $100 per offense.

Violating the adopted Plumbing Code or Ch. 558's permit rules carries a fine of $2 to $100 per offense under § 558-5, in addition to any penalties under the state Uniform Construction Code.

Building Inspections

Toms River Township's Office of Construction Permits and Inspections runs separate building, plumbing, electrical, and fire subcode inspections before any certificate of occupancy is issued.

Key details: Enforcing agency: Office of Construction Permits & Inspections. Subcode officials: building, plumbing, electrical, fire. Final-inspection prerequisite: debris-disposal documentation. CO inspection fees: separate building/plumbing/fire/electrical fees.

Building without required permits or skipping a subcode inspection prevents certificate-of-occupancy issuance and violates Chapter 252's enforcement scheme under the Construction Official and the State Uniform Construction Code Act.

Lead Paint

Toms River Township requires lead-based paint hazard inspections of pre-1978 rental dwellings at tenant turnover or within two years of July 2022, whichever comes first.

Key details: Initial inspection: By tenant turnover or 7/22/2024. Reinspection: Every three years. Covers: Pre-1978 rental dwellings. Penalty: $1,000 per week.

Owners who miss the required inspection get 30 days to cure after notice; failing to start remediation triggers a $1,000-per-week penalty under § 335-60 until the inspection or remediation is completed.

Elevator Maintenance

Elevator devices in Toms River Township are inspected and tested under the state Elevator Subcode, N.J.A.C. 5:23-12, and the township's Office of Construction Permits and Inspections adds its own 15% administrative charge on top of the state inspection fee schedule under § 252-6B(8)(b) of the Township Code. New elevator installations also require a construction permit and plan review before the device can be installed.

Key details: Governing code: State Elevator Subcode, N.J.A.C. 5:23-12. Local surcharge: 15% added to state inspection fee. Enforcing agency: Office of Construction Permits and Inspections. New installs: Permit required; fee per N.J.A.C. 5:23-40.20. Accessibility waiver: No fee for disability-access work, § 252-9.

Chapter 252 does not carry a stand-alone elevator penalty section; failure to secure the required construction permit and plan review before installing or maintaining an elevator device is enforced the same way as any other Uniform Construction Code violation, through the Office of Construction Permits and Inspections and, ultimately, denial of a certificate of occupancy until the required inspections under N.J.A.C. 5:23-12 are completed and the associated fees, including the 15% local surcharge, are paid.

Childcare Center Rules

Toms River Township allows nursery schools and day nurseries only as a conditional use, capping any building at 5,000 square feet above grade and banning classrooms or recreation space below grade, plus 100-foot front and 50-foot side/rear setbacks.

Key details: Use type: Conditional use, site plan required. Building cap: 5,000 sq ft above grade. Below-grade space: No recreation or classrooms. Setbacks: 100 ft front, 50 ft side/rear.

A nursery school or day nursery built or run outside these conditions is a Chapter 348 zoning violation: a minimum $100 fine for the first offense, $200 for each repeat, with every day of violation counted as a separate offense.

The Bottom Line

Toms River's building safety rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Toms River is broadly strict or permissive.

Keep in mind that Toms River can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.