Borough of Clayton - Construction Office

Borough of Clayton, New Jersey (Gloucester County)

city

125 N. Delsea Drive, Clayton, NJ 08312

Required

Required

The Borough of Clayton Construction Office states a permit requirement for roofing that the state rule does not make for a detached one- or two-family house. Its Construction Permits page says "Construction Permits are required for, but not limited to: all new construction, additions and alterations, garages, sheds larger than 200 square feet, fences, pools, decks, signs, roofing, siding, lawn sprinkler systems, gas piping, installation of heating or air conditioning, and electric service upgrades." The state rule, N.J.A.C. 5:23-2.7(c), lists "The repair or replacement of existing roof covering on detached one- and two-family dwellings" among items that "are ordinary maintenance and shall be treated as such by every enforcing agency," and says "No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required." The State Uniform Construction Code Act, N.J.S.A. 52:27D-123.1, says "Any law or regulation to the contrary notwithstanding," the "alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of all buildings or structures already erected shall be regulated pursuant to the 'State Uniform Construction Code Act.'" This record does not decide whether the office's demand is lawful under those provisions. In practice, a roofer should expect the Clayton Construction Office to ask for a permit for a reroof, as its page states. Reroofing a townhouse or other attached dwelling, or any other building, needs a permit under the state rule in any case. The Borough's own fee section, Borough Code section 41-2 (adopted May 13, 2021 by Ord. No. 9-2021), prices roofing only for other buildings: "For installation or replacement of roofing and siding (other than one- and two-family dwellings): $34 per $1,000 for the first $50,000 of estimated cost," then $26 per $1,000 from $50,001 to $100,000 and $22 per $1,000 above $100,000, and "In all cases the minimum fee shall be $90." The office is at 125 N. Delsea Drive, Clayton, phone 856-881-2882 ext. 118. Its posted hours are "Monday through Friday: 8 am to 4:00 pm - Closed for Lunch 12:30 pm - 1:30 pm," with shorter Friday hours from Memorial Day to Labor Day, and the Construction Code Official inspects Mondays and Fridays between 12 and 3 pm.

The 2024 International Residential Code, New Jersey edition, adopted by the State, with the Rehabilitation Subcode for work on existing buildings. New Jersey has one construction code, the Uniform Construction Code (N.J.A.C. 5:23), which every municipality enforces; municipalities do not adopt building codes of their own (N.J.S.A. 52:27D-123.1 and 52:27D-139). N.J.A.C. 5:23-3.21(a)1 adopts the International Code Council's "2024 International Residential Code known as the IRC/2024 as the one- and two-family dwelling subcode in New Jersey subject to the modifications stated at (c) below," and 3.21(b) applies it to "detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height." The section was rewritten by R.2026 d.086, "effective August 17, 2026," in the Department of Community Affairs' print of the rules "adopted and published through the New Jersey Register, Vol. 58 No. 16," and the Department's Current Construction Codes page lists the "International Residential Code/2024, NJ ed" with an adoption date of Aug 17, 2026. Other buildings fall under the building subcode, the International Building Code/2024, NJ edition (N.J.A.C. 5:23-3.14). Roof work on an existing building is held to the Rehabilitation Subcode: "Existing structures, when repaired, renovated, altered or reconstructed, shall conform to the requirements of N.J.A.C. 5:23-6, Rehabilitation Subcode" (N.J.A.C. 5:23-2.4(a)). A six-month grace period follows the adoption. N.J.A.C. 5:23-1.6(a): "For a period of six months following the operative date of a subcode revision, applicants may submit a complete permit application, including all prior approvals, to be reviewed under the code in force immediately preceding the subcode revision." The rule history gives R.2026 d.086 no date other than its effective date, so on that reading the window runs from August 17, 2026 until about February 17, 2027: a complete application filed inside it may be reviewed under either the prior edition or the 2024 edition, at the applicant's choice, and one filed after it closes is reviewed under the 2024 edition. Everything above is New Jersey state law, the same in every municipality. Locally, the Construction Office page says the Construction Code Official enforces "the building codes as established by New Jersey's Division of Codes and Standards" and that "The codes are outlined in the Uniform Construction Code."

Not required — No mid-roof inspection under state law. Reroofing a detached one- or two-family house is ordinary maintenance, and N.J.A.C. 5:23-2.7(c) says "No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required." Where a reroof does need a permit, N.J.A.C. 5:23-2.18(b)1 says "Inspections of one- and two-family dwellings for which construction must cease until the inspection is made shall be limited to the following": footing trenches, foundations, utility services and a mid-point inspection, whose building item is "All structural framing, connections, wall and roof sheathing, and insulation." The list names no roof-covering or underlayment stage, and the rule does not say whether its sheathing item reaches a permitted reroof that replaces sheathing. Any further inspection a municipality requires "shall be of the type and nature that construction may continue without interruption" (5:23-2.18(b)3). Everything above is New Jersey state law, the same in every municipality. Locally, the Construction Office page says the Construction Official or subcode officials "will inspect the work when the homeowner or contractor has completed the job for conformance to code," and names no roof inspection stage.

Not required — No impact-resistant roofing requirement under state law. The New Jersey Uniform Construction Code rules that reach a house reroof (the administrative rules in N.J.A.C. 5:23-1 and 5:23-2, the State's amendments to the 2024 International Residential Code at 5:23-3.21, and the Rehabilitation Subcode at 5:23-6) contain no UL 2218, Class 4 or hail-impact requirement for roof coverings. A municipality cannot add one: N.J.S.A. 52:27D-123.1 says "Any law or regulation to the contrary notwithstanding," the "alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of all buildings or structures already erected shall be regulated pursuant to the 'State Uniform Construction Code Act,'" and under 52:27D-139 local construction regulations were "deemed repealed and superseded" once the state code was promulgated. An owner may still choose an impact-rated roof covering. Everything above is New Jersey state law, the same in every municipality. The Borough of Clayton Construction Office page states nothing on roof covering ratings.

The Borough of Clayton Construction Office's Construction Permits page (https://www.claytonnj.com/1265/Construction-Permits) says "Construction Permits are required for, but not limited to: all new construction, additions and alterations, garages, sheds larger than 200 square feet, fences, pools, decks, signs, roofing, siding, lawn sprinkler systems, gas piping, installation of heating or air conditioning, and electric service upgrades." The state rule below makes no such demand for reroofing a detached one- or two-family house, and this record does not decide whether the office's demand is lawful under it; in practice, expect the office to treat a reroof as permit work, as its page states. Under state law: No permit and no size limit for reroofing a detached one- or two-family house; a permit for every other building. N.J.A.C. 5:23-2.7(c) lists items that "are ordinary maintenance and shall be treated as such by every enforcing agency" and says "No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required." Item 1.x is "The repair or replacement of existing roof covering on detached one- and two-family dwellings," with no square-footage or percentage cap. N.J.A.C. 5:23-2.14(b)1 carries this into the permit rule: "Ordinary maintenance as defined in N.J.A.C. 5:23-2.7 shall not require a permit or notice to the enforcing agency." Two limits apply. First, the item covers only detached one- and two-family dwellings. Reroofing a townhouse or other attached dwelling, or any other building, falls under the general permit rule, N.J.A.C. 5:23-2.14(a): "It shall be unlawful to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure ... without first filing an application with the construction official." Some of that work may be "minor work" under N.J.A.C. 5:23-2.17A, which still needs a permit, but "work may proceed, upon notice to the enforcing agency, before the permit is issued" (5:23-2.14(b)2). The fee is municipal: "The municipality, in accordance with this chapter, shall establish by ordinance enforcing agency fees" (N.J.A.C. 5:23-2.25; fee standards at 5:23-4.18). Second, ordinary maintenance does not include "Any work affecting structural or fire safety" (5:23-2.7(b)4), so roof work that reaches rafters, trusses or other structure needs a permit even on a detached house. The rule does not say whether replacing roof sheathing alone is such work. Everything after "Under state law:" is New Jersey state law, the same in every municipality.

Two layers maximum, by state rule. Roof work on an existing building is held to the Rehabilitation Subcode (N.J.A.C. 5:23-2.4(a)), whose repair section, N.J.A.C. 5:23-6.4(e)7, reads: "Existing roof covering shall be removed before installing new roof covering when any of the following conditions occur: i. The existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing; ii. The existing roof covering is wood shake, slate, clay, cement or asbestos-cement tile; or iii. The existing roof has two or more applications of any type of roof covering." So one existing layer of asphalt shingles may be covered once; a roof that already has two layers, a wet or deteriorated roof, or a wood shake, slate, clay, cement or asbestos-cement tile roof must be torn off first. The answer is the same if a reroof is treated as renovation rather than repair: for work other than repair, N.J.A.C. 5:23-6.8(h)7 applies "All of Chapter 9 entitled 'Roof Assemblies', except Section R907" of the 2024 International Residential Code, and its reroofing section, R908.4, Exceptions, bars a recover "Where the existing roof has two or more applications of any type of roof covering." New Jersey's Chapter 9 amendments at N.J.A.C. 5:23-3.21(c)8 change only R903.4.1 and R905.1.2 and leave R908 as published. Everything above is New Jersey state law, the same in every municipality. The Borough of Clayton Construction Office page states nothing on roof layers.

6.625% New Jersey Sales Tax; whether the roofing bill is taxed depends on the job. The Division of Taxation's guide Contractors and New Jersey Taxes (S&U-3, Rev. 5/25) refers to "New Jersey's 6.625% Sales Tax rate." A new roof is an exempt capital improvement: "New roof" is on the guide's list of "Exempt capital improvements," and "If the work results in an exempt capital improvement to real property, the contractor does not charge Sales Tax on the bill"; the owner gives the contractor a Certificate of Exempt Capital Improvement (Form ST-8). The roofer still pays tax on materials: "The contractor pays the Sales Tax on the cost of materials and supplies at the time of purchase." A repair is taxable. The guide lists "Fixing a leaky roof" among repairs and says "replacing a few loose bath tiles or a portion of a leaky roof is a repair to the existing real property. However, replacing all of the tiles or the entire roof with upgraded or improved materials would be an exempt capital improvement." On a taxable job the only deduction is a separately stated cost of materials, and "If the contractor does not itemize the materials and the labor for a taxable job, the entire receipt is subject to tax." Work for an exempt organization, a government agency or a qualified business in an Urban Enterprise Zone follows separate exemption rules. Everything above is New Jersey state law, the same in every municipality. The Borough of Clayton Construction Office page states nothing on sales tax.