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.
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.
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:
(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.
C. Filing of voluntary petition in bankruptcy.
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.
[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.