[HISTORY: Adopted by the City Council of the City of Garfield 4-19-1966 by Ord. No. 1340 (Ch. 163, Art. II, of the 1979 Code). Other amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.114.
It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the City of Garfield without having first obtained a license therefor as provided herein.
A. 
Scope and meaning of certain words and terms.
(1) 
Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural the singular.
(2) 
The word "shall" is mandatory and not directory; the word "may" is permissive.
B. 
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
BUILDER or CONTRACTOR
Any person who, in any capacity other than as the employee of another with wages as the sole compensation, undertakes or offers to undertake, or purports to have the capacity to undertake, or accepts an order or contract, whether on a fixed sum, cost plus or percentage or fixed fee, or any combination thereof, or submits a bid, to construct, alter, repair, add to, subtract from, demolish, reroof, re-side or in any way improve any building or structure, project or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
BUILDING
Any roof structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
PERSON
Any individual, firm, association, partnership or corporation.
This chapter shall not apply to:
A. 
Any person or authorized representative dealing with any governmental unit.
B. 
Any private person making repairs on his own private home.
C. 
Plumbers, electricians and other specialized trades for which other special licenses are required by applicable City ordinances or state statutes.
No firm, association or corporation shall engage in building contracting in the City unless at least one officer, agent or member of said firm, association or corporation has been licensed according to the provisions of this chapter and has a license issued to it in the name of the firm, association or corporation as herein provided. Such license shall be valid and in effect only while the individual so licensed is still a member, officer or agent of such firm, association or corporation.
A. 
This chapter shall be administered by the Building Committee of the City of Garfield, which Committee shall be comprised of three members of the City Council who are to be appointed by the Chairman of the City Council and the Construction Official.
[Amended 5-20-1980 by Ord. No. 1723]
B. 
In addition to any other powers granted under this chapter, the Committee may adopt such rules and regulations as are deemed necessary and expedient for the purpose of administering this chapter, including consideration of license applications and recommendations to the Mayor and Council for suspension and revocation of licenses.
Contractors shall be divided into the following classifications:
A. 
General contractor: a contractor or firm qualified to erect a structure in its entirety; add to, alter or repair an existing structure. A general contractor shall be held accountable for the work of all separate contractors employed by his organization.
B. 
Contractor: contractor or firm qualified to erect a structure in its entirety; add to, alter or repair an existing structure. A contractor shall be in a position to complete said work with his own employees, retaining no separate contractors.
C. 
Subcontractor: a contractor or firm employed directly by a homeowner to excavate for, erect, repair or alter a specific part of a structure. This category shall include excavators, masons, tile men, carpenters, cabinetmakers, heating contractors and any other trade not specifically included in § 94-3C.
D. 
Sign or billboard contractor: a contractor or firm qualified to erect, maintain or alter signs or billboards.
E. 
Roofing and siding contractor: a contractor or firm qualified to apply roofing and siding material to new or existing structures.
F. 
Moving contractor: a contractor or firm qualified and equipped to move any structure.
G. 
Demolition contractor: a contractor or firm qualified to demolish a structure or portion thereof.
[Amended 5-20-1980 by Ord. No. 1723]
A. 
Applications for licenses under this chapter shall be made to the Construction Official, in writing, on such printed forms as the Committee shall prescribe and prepare. Such forms may be obtained from the office of the Construction Official and shall be signed by the applicant under oath and shall contain the following information:
(1) 
If an individual, the full name, age, sex and residence address at the time of application.
(2) 
If applicant is a corporation or an officer or employee of a corporation:
(a) 
The full corporate name.
(b) 
The date and state of incorporation.
(c) 
The address of the place or places of business.
(d) 
The name, residence and business address of the authorized agent upon whom service of process may be had in the State of New Jersey.
(3) 
If applicant is a partnership or a member of such firm or association:
(a) 
The information required by Subsection A(1) of this section for each partner.
(b) 
The name under which the business is being conducted.
(4) 
The educational and/or business experience of the applicant in the business or occupation for which the license is sought.
(5) 
The length of time that the applicant has been engaged in such business or occupation.
(6) 
Whether the applicant carries public liability insurance and, if so, the amount of said coverage.
(7) 
Such other information as the Committee may deem reasonably necessary for the protection of the public health, safety, morals and general welfare of the citizens of the City of Garfield.
B. 
No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable.
[Amended 1-3-1978 by Ord. No. 1641; 1-22-2008 by Ord. No. 2519; 5-25-2021 by Ord. No. 2875]
The annual fee for a building contractor's license under this chapter shall be $100.
Every license issued hereunder shall expire one year following the date it is granted. A license may be renewed upon payment of the renewal fee as hereinabove set forth.
The Building Committee of the City of Garfield shall have the power, in addition to all other powers provided for in this chapter, to revoke the license of any contractor licensed hereunder who shall be guilty of any one or more of the following acts or omissions:
A. 
Fraud or misrepresentation in obtaining license.
B. 
Violation of the Building Code of the City of Garfield.[1]
[1]
Editor's Note: See Ch. 114, Construction Codes, Uniform.
C. 
Filing of voluntary petition in bankruptcy.
A. 
The Building Committee or any contractee may prefer charges against any licensee under the terms of this chapter by the filing of a complaint. Such complaint must be made in writing and sworn to by the person preferring such charges and submitted to and filed with the Secretary to the Building Committee. Upon the filing of the complaint in the manner and form prescribed, it shall be the duty of the Committee, at the earliest possible date and not later than 30 days thereafter, to investigate the charges and to determine whether there exists probable cause that a violation has occurred.
B. 
The complaint shall contain a statement of facts setting forth the specific charges relating to the violation of this chapter or of the Garfield Building Code or any applicable City ordinance or state laws pertaining to building construction.[1]
[1]
Editor's Note: See Ch. 114, Construction Codes, Uniform.
C. 
If the Committee finds probable cause that a violation has been committed, the Committee shall forthwith issue a notice directing the licensee, within 20 days after service of notice, to appear and answer to the charges, showing cause, if any, why his license should not be suspended or revoked.
D. 
A copy of the charges, together with the notice showing the time and place of hearing, shall be served on the licensee at least five days before the date fixed for the hearing. At the hearing, the licensee shall have the right to appear personally or by counsel and cross-examine witnesses against him and to produce witnesses and evidence in his behalf.
E. 
Failure of the licensee to appear may be deemed an admission by him of a commission of the act or acts cited in the complaint and his license thereupon may be suspended forthwith, pending any hearing of the cause that the Committee, in its discretion, may order; provided, however, that the Committee shall have the power, in the event of such failure to answer, to suspend or revoke the license without further evidence other than the charges filed.
F. 
Whenever the Committee, after hearing, shall determine that a licensee is in violation, the Committee may then issue an order against such licensee to correct such violation, fixing a reasonable time within which such correction shall be made or accomplished, and upon compliance with said order, the Committee may dismiss said complaint.
G. 
After revocation of a license upon any ground set forth in this chapter, such license shall not be renewed or reissued within a period of six months after the final determination of revocation, and then only upon proper showing that all loss caused by the act or omissions for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with.
Any person aggrieved by the action of the Building Committee shall have the right of appeal to the Mayor and Council of the City of Garfield. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant by registered letter at his last known address at least five days prior to the date set for hearing. The decision and order of the Council on such appeal shall be final and conclusive.
A. 
No permit shall be issued by the Construction Official for the erection, construction, reconstruction, structural alteration or removal of any building or structure to anyone except a duly licensed contractor or his duly authorized agent under the provisions of this chapter.
[Amended 5-20-1980 by Ord. No. 1723]
B. 
Permits shall be granted to the actual owner of the premises and/or individual who undertakes alone to do the work of a contract or his duly authorized agent for which work construction is to be done; provided, however, the owner or his duly authorized agent shall sign a statement that said work or construction for which the permit is sought will be done by himself or one who undertakes alone to do the work of a contract.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457]
Any person who shall violate the terms or provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. Each day upon which such violation shall continue shall constitute a separate offense.