Rodrick Deals Fatal Blow to Toms River MCCUO
The intentions may have been good, but Toms River homesellers and Realtors would not be sorry to see the MCCUO go.
If you’ve sold or attempted to sell a residential dwelling in Toms River in the last two years, there’s a sequence of five letters that are likely to have caused you anxiety and dread: MCCUO. The Municipal Certificate for Continued Use and Occupancy, Chapter 253 of Toms River Township Code, has been the subject of much discussion and controversy.
Toms River's MCCUO place homes for sale under new level of scrutiny to meet township standards.
What is the Toms River MCCUO?
It’s been called an example of unnecessary, unbridled greed within local bureaucracy, but most of all it’s been cited as a giant pain in the neck. At its core, Toms River’s MCCUO is said to be the township’s attempt to rein in questionable, shoddy construction and ensure that builders and homeowners adhere to proper standards. While critics may label it as a mere "cash grab," proponents argue that the Toms River's Municipal Construction Code and Use Ordinance (MCCUO) serves a vital role in maintaining the integrity and safety of local structures.
For many years, residents and Realtors alike were accustomed to the process of obtaining a Certificate of Smoke & Carbon Monoxide Compliance—colloquially referred to as a “Smoke Cert”—which is the town’s process of ensuring homes being resold are equipped with proper smoke, carbon detectors and the appropriately rated fire extinguisher. Like the “Smoke Cert,” the MCCUO is also required in order to complete a residential sale (with few exceptions), but comes with additional cost and on-site inspections to ensure compliance.
Presence of GFCI receptacles (outlets) within certain range of water source and outdoors
Certification of working order of HVAC systems and fireplaces by licensed professionals
Consistency between observable home and tax records for number of beds and baths
Structural integrity of docks and decks
And quite a bit more.
Problems for Toms River Realtors and residents
However good the intentions may have been, the MCCUO has caused its share of grief and you know this if you’re a Toms River realtor or home seller. Residents and their agents have complained about the MCCUO’s application process, the high fees associated with it and lengthy turnaround times. Following Township inspection, residents who felt they’d followed the requirements to the letter were surprised to find that they would not be able to obtain the certificate without additional repairs—often ones that required proof of service by licensed professionals.
The resulting delays endangered and, in some cases, terminated residential transactions entirely. On more than one occasion, frustration came to a head at Town Council meetings where real estate agents were among the loudest voices calling for a repeal of the policy. To accommodate the complaints, the ordinance was amended in November of 2022 to lower application fees and relax some of the standards and requirements that were considered to be the most stringent. It was good news, but for many, did not go nearly far enough to address this perceived obstacle to home sales in Toms River.
Daniel Rodrick as seen on the Township of Toms River website. Source: tomsrivertownship.com
Good news for Toms River homeowners
On January 1st, 2024, Daniel Rodrick was sworn in as Mayor of Toms River. After taking his oath, Rodrick invited Toms River residents to “Wait until you see what we do in our first 100 days.” An ordinance was immediately introduced to repeal the MCCUO requirement. With this new ordinance to repeal Chapter 253 now on the table, it was decided that all applications and MCCUO inspections temporarily cease until the Council’s next meeting around the topic. This meant that as of January 1st, 2024, the town’s requirements for the sale of a home have effectively reverted to their pre-MCCUO days, making only the Smoke, Carbon & Fire Certification necessary for the time being.
The Guidelines for the Certificate of Smoke & Carbon Monoxide Compliance, as it is officially called, can be found here, but involve the following:
A $75 dollar fee for initial inspection
Proper smoke detector and smoke detector placement
Proper carbon monoxide detector and carbon monoxide detector placement
Proper fire extinguisher and fire extinguisher placement
What should Toms River home sellers expect next?
A promise of prioritizing service and readiness above all else. Just what you need to overcome something like Toms River’s MCCUO.
A Special Council meeting will be held on January 18th, 2024 at 7:00pm to address the MCCUO which may very well result in it being done away with once and for all.
Topics like these are interesting to talk about, but the fact is that we live in an ever-changing world, and the domain of real estate is no exception to this rule. Many New Jersey and Ocean County townships have similar guidelines around obtaining “certificates of occupancy” with requirements ranging from practically non-existent to brutally strict depending on the municipality. Before the dawn of the Toms River MCCUO, a great real estate agent (like the ones at Crossroad Realty) made it his or her business to learn everything they could about the ordinance, its process and its requirements. Speaking for myself, I consider it a part of my duty to assist you with any aspect of buying or selling your home that I’m able to.
While the ordinance caused Toms River residents a lot of heartburn, and for good reason, I was well versed on the MCCUO and able to guide my clients through their inspections by simply getting out ahead of what I knew the town would look for (that required GFCI outlet for the washing machine was a curveball!). Just like like any other problem that would arise during the sale of your home, it is critical that you have an experienced professional on point to help you address it when it arises or, ideally…avoid it entirely.
