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Wayne, NJ Building Safety: Building Inspections (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Section
Wayne Township Code § 100-4
Inspector
Construction Code Official or designee
Trigger
Application for change in tenancy, use or ownership
Decision deadline
15 business days after open permits close and application received
Fix period after failed inspection
60 days
Inspection fee
$250 within 15 business days
Exempt transfers
Spouse to spouse, parent to child, sibling to sibling

Summary

In Wayne Township, the Construction Code Official or a designee inspects a home after an application reports a pending change in tenancy, use or ownership. The inspection checks conformity with the Zoning and Property Maintenance Ordinances and confirms permits or variances for additions, second kitchens, decks and similar work.

§ 100-4. Inspections. A. The Enforcement Officer is hereby authorized to conduct inspections of residential premises upon receipt of an application advising of a pending change in tenancy, use or ownership. B. The inspection of the residential premises shall include a determination that the residential premises conforms, in all respects, to the Zoning and Property Maintenance Ordinances of the Township. If the inspection reveals items such as, but not limited to, additions, attic or basement apartments, finished basements, garages, sheds or pools, second kitchens and/or decks, a determination must be made that the aforementioned were installed or constructed either with the required permits or by virtue of a grant of a variance.

Full Breakdown

Chapter 100 of the Wayne Township Code, the Residential Certificate of Continued Occupancy, governs the inspection that precedes a sale or change of tenant in Wayne Township. The Enforcement Officer is the Construction Code Official or a designee (§ 100-1). Under § 100-2 no residential premises can change in tenancy, use or ownership unless a certificate of continued occupancy has been issued; a change between spouses, parent and child, or siblings is exempt. The application goes on forms furnished by the Enforcement Officer (§ 100-3).

Section 100-4 is the inspection itself. It starts when the Enforcement Officer receives an application advising of a pending change. The inspection determines that the premises conform in all respects to the Zoning and Property Maintenance Ordinances. If it reveals additions, attic or basement apartments, finished basements, garages, sheds or pools, second kitchens or decks, the officer must determine that each was built with the required permits or under a variance.

Timing and outcomes are in § 100-5. Within 15 business days after closure of all open permits and receipt of a written application, the Enforcement Officer either issues the certificate or notifies the applicant in writing why the premises failed and what remedial action is needed, all of which must be completed within 60 days. Under § 100-2.1, a homeowner's or purchaser's agreement accepted by the Enforcement Officer lets a property close or be occupied without a certificate while violations are abated, for no more than 60 days. After that the applicant must re-apply and pay the fee again.

Fees come from Chapter 75: $250 for an inspection within 15 business days, expedited surcharges of $100, $250 or $750, follow-up inspections at $50 after one free follow-up, a $50 missed appointment fee, and $250 for permission to close without a certificate. A second kitchen found without approvals requires a deed restriction recorded in the Passaic County Register's Office under § 100-7.1. The Uniform Construction Code is enforced separately by the Division of Construction Code under § 64-1.

Violations & Fines

Section 100-8 makes any violation of Chapter 100 punishable on conviction under Chapter 1, § 1-15: up to 90 days in the County Jail, a fine of up to $2,000, or community service of up to 90 days. A certificate is withheld on a second-kitchen property until the deed restriction fees are paid in full under § 100-7.1, and an expired 60-day agreement triggers a new application and fee under § 100-2.1.

Frequently Asked Questions

What does the Wayne Township CCO inspection check?
Section 100-4B requires a determination that the premises conform in all respects to the Zoning and Property Maintenance Ordinances. Additions, attic or basement apartments, finished basements, garages, sheds, pools, second kitchens and decks must have been built with permits or under a variance.
How long does the Township take to issue the certificate?
Section 100-5 sets 15 business days after all open permits are closed and a written application is received, or the time period requested if the fee has been paid. The officer either issues the certificate or sends a written notice of why the premises failed and what must be fixed within 60 days.
Can a sale close before the violations are fixed?
Yes, with an accepted homeowner's or purchaser's agreement under § 100-2.1, which lets the property close or be occupied without a certificate while violations are abated. No agreement can run longer than 60 days, and the Chapter 75 fee for permission to close without a certificate is $250.
Who is exempt from the certificate in Wayne Township?
Section 100-2 exempts a change of tenancy, use or ownership between immediate family members, defined as spouse to spouse, parent to child, or sibling to sibling only. Every other change needs a certificate. Multiple-family dwellings regulated by Chapter 99 are excluded from Chapter 100 by the definition of residential premises.

Sources & Official References

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