[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 6-11-2002 by Ord. No. 2002-6. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 121.
All persons performing work under the provisions
of this chapter that does not come within any exceptions set forth
herein shall be required to register prior to the issuance of any
permit for such work.
Registrations shall be made with the Construction
Official on forms furnished by the Construction Official. The signatures
shall be notarized. The registration shall be signed by the applicant
and all agents. The registrant shall supply the following information:
A.
The name and address of the registrant.
B.
A statement giving the name or corporate or firm name
of the contractor and, in the case of a firm, corporation or partnership,
the name and address of the principal officer or principal member
of the firm, corporation or partnership.
C.
If the registrant is a partnership, the names and
addresses of all its partners. If the registrant is a corporation,
the names and addresses of its officers, directors and principal stockholders
holding in excess of 10% of the outstanding shares of common stock.
D.
The number of years the person has been in business
or in existence at the current location or any prior location, including
the addresses of such prior locations, if any.
E.
The type or types of work customarily performed by
the registrant.
F.
A statement as to whether the registrant has ever
been convicted of violating a building code and, if so, the date and
place of conviction, the nature of the violation and the punishment
imposed therefor.
G.
Appropriate information as to the registrant's skill,
experience and business responsibility, including the names and addresses
of at least two persons who are familiar with the same.
H.
A certificate showing that the applicant carries public
liability and worker's compensation insurance for all work of the
type to be done under a building permit.
I.
Two letters of reference or two copies of licenses
from other municipalities.
J.
A certificate of liability insurance in an amount
not less than $100,000 for bodily injury and $25,000 for property
injury. The certificate shall name the Township as an additional insured.
K.
Verification for workmen's compensation cases as to
history.
L.
Such other data as the Construction Official may require.
[Amended 12-16-2002 by Ord. No. 2002-17; 12-5-2019 by Ord. No. 2019-17]
Applicable provisions and fees are detailed in the universal fee chart located in § 18-2, reference number 18, of the Code of the Township of Lumberton.
A.
No person shall be registered or have registration renewed under this chapter or shall be reinstated after suspension of registration under § 122-7 unless and until there is paid to the Construction Office a contractor's registration license fee as set forth herein.
B.
No person shall be registered or have registration
renewed under this section or shall be reinstated after suspension
of registration until there is filed with the Construction Office
certified proof of the existence of a general liability insurance
policy in the amount of not less than $100,000 providing coverage
for all acts for which the contract may be held liable in the conduct
of his business. Such policy shall remain in effect at all times that
such contractor is registered, and failure to maintain the required
policy in effect at all times shall be grounds for suspension or revocation
of the registration.
C.
Upon failure to renew any registration on or before
January 31 of any calendar year, any subsequent registration shall
be and constitute a new or original registration subject to the payment
of the fee for new registrations specified in this chapter and the
completion of a new application. The Construction Official may waive
the requirement of a new application.
All work done under the provisions of this chapter
for which a construction permit is required is to be performed by
a registered contractor, his/her agents or employees. This chapter
shall not apply to work performed by any owner on a single-family
dwelling occupied by himself/herself that does not entail the employment
of others.
A.
No person, firm or corporation shall engage in the
business of construction, erecting, altering, repairing, restoring,
moving or demolishing the whole or any part of any building or structure,
or contracting to perform any of the foregoing, or complete any work
for which a building permit is required, without first registering
with the Construction Official pursuant to this section, on forms
to be supplied by him.
B.
All applicants for said contractor's registration
license shall furnish proof, to the satisfaction of the Construction
Official, of at least four years' training or experience in building
construction, and each such application shall be endorsed by at least
two responsible personal references stating that applicant is, in
their opinion, sufficiently qualified to receive a contractor's registration
license. Only one contractor's registration license need be secured
by a corporation or partnership.
C.
No contractor's registration license shall be required
of any owner of real property in the Township who shall personally
perform activities otherwise requiring a contractor's registration
license on a dwelling place or an appurtenant structure intended for
occupancy or use by the property owner or his immediate family, except
that all such work must otherwise comply with other provisions of
the Uniform Construction Code[1] and all other applicable township, county or state ordinances
and regulations.
D.
Any contractor required to be licensed by the State
of New Jersey shall be exempt from obtaining a contractor's registration
license, except that any contractor licensed by the State of New Jersey
shall only be exempt from registration for work performed under the
license granted by the State of New Jersey.
E.
Every contractor's registration license shall be issued
and renewed on an annual basis, effective January 1 of each year,
upon payment of an annual fee or fees.
F.
Penalties.
(1)
Maximum penalty.
(a)
For violation of any provisions of this chapter,
the maximum penalty, upon conviction, shall be a fine not exceeding
$1,000 or imprisonment in the county jail for a term not exceeding
90 days or a period of community service not to exceed 90 days or
such combination of punishments as the Municipal Court may, in its
discretion, deem appropriate and just.
(b)
Each and every day in which a violation of any
provision of this chapter exists shall constitute a separate violation.
(c)
The maximum penalty stated in this section does
not intend to state an appropriate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case of violation except in those
instances where state law mandates a minimum penalty to be imposed.
(2)
Minimum penalty. There shall be a minimum penalty
of a fine fixed at an amount as established by the Municipal Court
Judge.
G.
No person shall be permitted to register until all
fines and fees due and owing to the Construction Office have been
paid or properly appealed.
A.
If any person registered under the provisions of this
chapter shall fail to comply with the rules and regulations of the
Township applicable to the construction, erection, repair, restoration,
reroofing, residing, moving or demolition of any building, structure,
swimming pool, sign, billboard or part thereof, in the execution of
any work for which a permit is required by this chapter, the Uniform
Construction Code,[1] any other ordinance of the Township or any other New Jersey
law, the Construction Office shall cause a notice of violation to
be served upon the person or the principal member or officer of the
firm or corporation in accordance with established procedures as set
forth in the Uniform Construction Code and the regulations pertaining
thereto.
B.
If the violation is not corrected within the period
of time stated in the notice of violation, the Township Committee,
upon recommendation from the Construction Official and upon notice
to the registrant and after public hearing, may suspend the contractor's
registration license, and the person shall not be permitted to renew
or reinstate his registration until certification by the Construction
Office to the Township Committee that the violation has been corrected
as required by the Construction Office.
C.
If any person shall have had his registration suspended
at least three times as provided in this chapter, then, in addition,
the Township Committee, upon recommendation of the Construction Official,
may, upon notice to the registrant, conduct a public hearing to determine
whether or not such person shall be permanently revoked and barred
from engaging in the activities that are the subject of this chapter
within the Township.
D.
The Construction Official may suspend a registration in any case where the registrant has been guilty of at least three violations of the State Uniform Construction Code or this chapter, has failed to complete work or perform under a contract or has deviated from work specifications made a part of a contract. The person whose registration is suspended may appeal and be afforded an opportunity to be heard before the Township Committee. Upon receipt of written notice of appeal in both the Municipal Clerk's office and the Construction Office, the contractor's registration license shall be reinstated pending the appeal. Any contractor's registration license suspended under Subsection H shall not be reinstated prior to a hearing by the Township Committee. The Township Committee shall hear the appeal at the next regularly scheduled meeting and may affirm the suspension, reverse the suspension or take any other action permitted under this section.
E.
Any person whose registration is revoked shall not
be reregistered.
F.
Suspension or revocation of a registration shall be
in addition to any other penalty that may be imposed for a violation
of this chapter.
G.
The Township Committee may, upon recommendation of
the Construction Official, after notice and a hearing, suspend or
revoke any contractor's registration license for violation of law
or the building code or related ordinances of the Township of Lumberton
or for other good cause which is shown to be prejudicial to the public
health, safety or welfare.
H.
When the Construction Official has reasonable cause
to believe that an emergency affecting the public health, safety or
welfare so requires, the Construction Official may temporarily suspend
any contractor's registration license for a period not to exceed 20
days, until the next regularly scheduled meeting of the Township Committee.
I.
Any contractor who requests a hearing before the Township
Committee and asks for an adjournment of that hearing shall have the
contractor's registration license suspended until such a hearing shall
be held.