[Adopted 7-20-1988]
This article shall be known and may be cited
as the "Borough of Longport Contract Licensing Ordinance."
The following terms shall, for the purpose of
this article, have the meanings indicated in this section:
The Board of Examiners established by this article.
A building as defined in the State Uniform Construction Code.
A person who, by himself or through others, offers to undertake
or holds himself out as being able to undertake to perform one or
more of the activities listed under "construction contractor" and
who meets the standards set by the Board of Examiners for this classification.
A person whose business operations are limited to the performance
of construction work in a single trade requiring special skill and
whose business involves the use of such specialized building trades
or crafts and who meets the standards set by the Board of Examiners
for this classification.
A person whose operations require a special skill and knowledge
to adequately perform satisfactorily.
To engage in any or all of the following activities:
The erection, construction, enlargement, alteration,
repair or renovation of any building or structure.
The installation, extension, alteration or repair
of any elevator, moving stairway, mechanical equipment, refrigeration
or air-conditioning or ventilating apparatus or any other equipment
specifically controlled by the provisions of the State Uniform Construction
Code.
The erection, alteration, relocation or repair
of any sign or outdoor display structure.
The erection or repair of fences.
The erection, installation, alteration or repair
of swimming pools.
Alarms and security systems.
The installation, maintenance, alteration, inspection
or repair of fire-suppression systems.
A person engaged in the business of construction contracting.
A license to conduct a construction contracting business
as defined herein, issued by the Board to those applicants establishing
that they have the technical skill, training, experience and responsibility
to engage in such business.
A person, firm, association, corporation, partnership or
other entity.
The individual responsible for the direct management of the
contracting business of the licensee. A responsible managing employee
shall not be deemed to have the direct management of the licensee's
contracting business unless he is:
A bona fide employee principally employed by
the licensee.
In a position to accrue full compliance with
the Contractor Licensing Ordinance and the rules and regulations of
the Board.
Familiar with all the construction plans, specifications
and amendments thereto the firm enters into and sees that all such
provisions are carried out. To record such familiarity, the responsible
managing employee shall sign or initial all such documents.
Familiar with the specific project the firm
undertakes and sees that records include the amount of time the responsible
managing employee spends with the firm and the payroll record of the
responsible managing employee.
In residence in the state during the time the
license is in effect or during the period a project is under construction
or has an established local office manned with one or more personnel.
A.
There is hereby created a Board of Examiners, consisting
of five members and two alternates. The membership of said Board shall
be constituted as follows:
B.
The two at-large members and the two alternate members
shall be appointed by the Mayor for periods of two years or until
their respective successors are appointed.
C.
Appointments to fill vacancies shall be made for the
remainder of the unexpired term.
A.
The Board shall organize biannually by the selection
from among its members of a Chairman and Vice Chairman, who shall
serve in such capacity for two years or until their successors are
installed.
B.
The Board may adopt such rules as are necessary to
carry out the provisions of this article.
C.
A majority of the Board shall constitute a quorum
for the transaction of business.
D.
The Board shall keep a record of all proceedings conducted
before it.
E.
The Board shall maintain a register of all applications
for contractor licenses, which register shall indicate:
(1)
The name and residence of the applicant.
(2)
The date of the application.
(3)
The principal place of business of the applicant.
(4)
Whether or not an examination was required.
(5)
Whether the applicant was accepted or rejected.
(6)
The license number, if a license was issued.
(7)
The amount of the license fee collected.
(8)
The date of the action of the Board.
F.
The Board shall meet and consider applications for
licenses at least once a month or at the call of the Chairman or the
person acting in his place.
The Board of Examiners is for the purpose of
examining any person, firm, association or person operating under
the name of any corporation or for a corporation desiring to conduct
or engage in the business of erecting, constructing, reconstructing,
repairing or remodeling any building and/or structure located in the
Borough of Longport.
A.
It shall be the purpose of this Board to review the
actions or inactions of any registered builder or any of its agents,
servants or employees in connection with construction, reconstruction,
repair, remodeling or alteration buildings and structures within the
Borough of Longport. The Board shall conduct hearings, where appropriate,
into the construction of the building and into actions of registered
builders or their agents, servants and employees. In the event that
the Review Board determine that the actions of any registered builder
or its agents, servants and employees, in connection with construction,
reconstruction, repair or remodeling and alterations of buildings
and structures in the Borough of Longport, were deviations from accepted
building practices within the area or were violations of a state or
federal law or other ordinance of the Borough of Longport, the Board
shall have the right to revoke the registered builder's license for
a period not to exceed one year. In the event that a registered builder's
license is revoked, it shall be renewed upon payment of a fee to the
Borough following completion of the suspension period.
B.
The Board may also refuse or revoke the registered
builder's license for the following:
(1)
Making any misstatement on an application for a license
or renewal of a license or examination.
(2)
Willfully, continually and materially breaching a
contract to which such licensee is a party as a construction contractor.
(3)
Performing such construction work in a willfully negligent
manner.
(4)
Violating any provision of this article.
(5)
Willfully diverting funds or property received for
commencement or completion of a specific construction project for
any other purpose.
C.
If the complaint on which the Board is acting has
been made by the Construction Official, then said Construction Official
shall disqualify himself from that hearing, except as a witness.
D.
In the event that the Builder's Review Board conducts
a hearing involving any registered builder, it shall give reasonable
notice to the person or persons involved and shall permit such persons
to be represented if they desire. Any formal action or recommendation
taken by the Builder's Review Board shall be in writing, and a copy
of such recommendation or action shall be forwarded to the builder
or other persons involved.
E.
The builder shall have 30 working days following the
date of the Board meeting to reach a decision of approval or denial
of any application for a license.
F.
Any registered builder adversely affected by the decision
of the Builder's Review Board shall have the right to appeal to the
governing body of the Borough of Longport to review the actions of
the Builder's Review Board, within a period of 20 days from receipt
of the written notice of the opinion, recommendation or formal action
of the Builder's Review Board. In the event that such an appeal is
taken, the governing body, within 20 days of receipt of such appeal,
shall conduct a hearing to review the actions of the Builder's Review
Board. The governing body shall have the right to affirm, reverse,
remand or modify the actions of the Builder's Review Board.
G.
Any person whose license shall have been revoked may
apply for a new license after a period of one year from the date of
revocation. Such application shall be submitted in accordance with
the provisions of this article for an initial license.
A.
Examinations. All applicants for a contractor's license shall be required to take and successfully pass a written examination, except as provided in Subsection B of this section, designed to test the applicant's experience, ability and ledge of the class of construction contracting for which the applicant is being examined.
(1)
Oral examinations may be in lieu of written examinations
in particular cases by express approval of the Board.
(2)
It is the purpose of an examination to determine whether
or not the applicant can perform the work sought to be licensed or
performed in a competent, workmanlike and satisfactory manner in accordance
with the standards of construction in this community and state, to
be determined by the Board in its best judgment and discretion, to
protect the public and citizens of Longport from slipshod or fraudulent
work.
(3)
In the case of an applicant who employs a responsible
managing employee, said employee may take the aforementioned examination.
B.
Waiver of examination. The Board may, upon application
to it and payment of the prescribed fee, issue any class license without
examination to any person who, within six months of the effective
date of this article, shall submit satisfactory evidence that said
person has been engaged in that respective class of contracting for
at least two years prior to the date of the application. The Board
may, upon application to it and the payment of the prescribed fee,
issue any class license without examination to any person who can
establish and document that said person has exhibited all the necessary
skills and knowledge required to adequately perform in that class
of construction contracting for which application is being made and
that said person has, in fact, performed in a satisfactory manner
for a period of at least two years prior to the date of application.
C.
The Builder's Examination Board shall formulate the
necessary questions for the examination of all applicants for a license.
In no event shall the passing rate be less than 70%. The builder's
examination shall be offered as many times as agreed upon by the Builder's
Examination Board but at least four times per year.
D.
Should any applicant be unsuccessful in passing the
builder's examination, he or she may be permitted to retake the examination
as many times as he or she wishes but not less than three months after
issuance of the previous examination.
A.
The application for a license shall be filed with
the Construction Official in such form as the Board shall prescribe
and shall include but not be limited to the following information:
(1)
The name, address and business address and telephone
number of the applicant.
(2)
Where the applicant is a corporation, partnership
or other business entity, the name and address of the officers or
other persons upon whom service may be made.
(3)
A complete statement of the general nature of the
applicant's contracting business.
(4)
The number of years that the applicant has been in
business and the location of such business.
(5)
A record of the previous experience of the applicant
in the field of construction adequate to demonstrate the required
ability of the applicant.
(6)
Whether the applicant has ever been licensed or had
a professional or vocational license refused, suspended or revoked.
B.
Every application shall be signed, if an individual,
by the professional applying; if a partnership, by a copartner; and,
if a corporation or joint venture, by its president or responsible
managing employee.
C.
All persons signing the application shall swear to
the truth of the statement therein before a notary public of the State
of New Jersey.
D.
All applications must be filed with the Construction
Official at least two weeks immediately preceding a regular meeting
of the Board in order to be considered by the Board at that meeting.
A.
B.
The fee for every new builder's license or renewal
shall be as stated above. Every such license shall expire on the last
day of December of each year. The license shall entitle the holder
thereof to be known and designated as a "registered builder" of the
Borough of Longport. The license shall apply only to the person, firm,
association or corporation so licensed and shall not be transferable.
Licenses may be renewed by the Board upon written
application for the license and payment of the prescribed fee without
re-examination. Such application must be made within 15 days after
the expiration of any license. Any licensee who fails to renew said
license within the aforementioned fifteen-day period shall have six
months from the expiration date in which to renew the license without
re-examination but shall be required to file a new application and
pay the fee for an initial license.
No license hereunder shall be transferred or
assigned, and any license so transferred or assigned shall be suspended
or revoked by the Board.
B.
A Class III license shall mean a person or business
operation limited to performance of work requiring special skill and
knowledge to adequately perform satisfactorily. The following is a
list of such functions: the installation, maintenance, alteration
and inspection of mechanical heating systems, ventilating systems,
cooling systems, chimneys and vents, mechanical refrigeration systems,
fireplaces, barbecues, air-pollution systems, fire-suppression systems
and fire-protection systems.
C.
A Class II license shall mean a person or business
operation limited to performance of work in a single trade requiring
special skill and knowledge to adequately perform satisfactorily.
The following is a list of such functions: siding, covering fascias
and soffits, concrete and brick work, roofing, wooden steps, landings
and patios and all other ordinary repairs that do not affect the structural
value of the structure.
D.
Class I shall cover all the requirements in Class
II and any other type of new construction, such as new building additions,
alterations, renovations, replacement and demolition.
E.
Limitation of classification. No licensee shall act,
assume to act or hold himself out to the public in the Borough of
Longport as a construction contractor in any classification other
than those classifications for which such licensee is licensed.
A.
All persons holding Class I, II and III construction
contractor's licenses and their agents and employees are required
to be covered by a policy or policies of liability insurance. Said
policy or policies shall name the Borough of Longport as an additional
named insured with respect only to liability coverage afforded by
the policy or policies, insuring against death, bodily injury and
property damages in an amount to be determined by the Borough, with
a minimum of $300,000 combined single limit. Said policy or policies
shall contain a thirty-day notice of cancellation, nonrenewal or material
change in coverage. If a contractor is working directly for the Borough,
a $500,000 CSL of liability shall be required, and all other requirements
mentioned in the Group 2 JIF standards for certificates of insurance
shall apply to such contractor.
[Amended 7-15-1998 by Ord. No. 98-9]
B.
Said liability insurance shall be the comprehensive
general liability form and may include premises operations and independent
contractors, product/complete operations, explosion, collapse and
underground hazard, broad form property damage and blanket contractual.
C.
A certification of insurance for workers' compensation
shall also be provided to the Borough of Longport.
D.
A certificate of insurance that confirms the aforementioned
coverage(s) shall be submitted to the Construction Official prior
to the issuance of a license.
E.
In addition to other such bonds as may otherwise be
required, any person engaged in the business of contracting under
the provisions of this article shall not undertake to do any work
in the Borough of Longport thereof unless and until he shall have
entered into a bond in favor of the Borough of Longport in the sum
of $4,000, executed by a surety company authorized to transact business
in the State of New Jersey (approved by the Department of Banking
and Insurance) and to be conditioned on the faithful performance of
the provisions of this article. The Board shall, by rule and regulation,
provide who shall be eligible to receive the financial protection
afforded by said bond. The aforesaid bond shall be for the term of
12 months and must be renewed upon expiration for the ensuing 12 months.
F.
An action may be maintained on the bond required by
ordinance by any person injured, aggrieved or damaged through the
failure of the obligor to perform the duties prescribed for contractors
under the provisions of ordinance or any rule of the Board.
The following persons are exempt from compliance
with the provisions of this article:
A.
Persons performing work which would otherwise be covered
by this article, if such person is an employee of the Borough of Longport,
the State of New Jersey, the federal government or a public utility
and such work is performed as a part of and in the course of such
employment.
B.
Persons performing contractor work for and under contract
with the federal government or State of New Jersey, Borough of Longport
or public.
C.
Property owners personally performing work on their
property.
D.
Any person engaged in any contracting activity authorized
by the issuance of a license for any such activity from the State
of New Jersey.
No person shall be denied the privilege of continuing
business in the event of death, illness or other physical disability
of the representative thereof who qualified the person for a license,
for at least six months following the date of such death, illness
or other physical disability, provided that business is conducted
under such qualified supervision as the Board deems adequate.
A.
Every licensee who performs or supervises the installation,
erection, repair or alteration of the Contractor's Licensing Act of
1988 shall assure that the work performed conforms to the standards
of the New Jersey Uniform Construction Code in effect at the time
the work is performed.
B.
Every licensee who performs or supervises work described in Subsection A above shall, within a reasonable time after completion of the work, secure an inspection of the completed work in conformity with the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and the Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq.
C.
Every such licensee shall be responsible for correcting,
within a reasonable time and at no additional charge to the customer,
any code violation discovered in the work performed or supervised
by the licensee.
On or after the effective date of this article,
it shall be unlawful for any person, firm, association or corporation
to engage in the business of erecting, constructing, reconstructing,
repairing or remodeling of any building and/or structure or the installation,
maintenance, alteration, inspection or repair of mechanical systems,
fire-suppression and fire-protection systems or any other equipment
specifically controlled by the provisions of this article in the Borough
of Longport unless such person has applied for and obtained a construction
contractor license from the Board and has paid all fees as required
in accordance with the provisions of this article, and said license
shall be furnished to the Construction Code Official certifying that
such person, firm, association or corporation is qualified to engage
in said business, and, with respect to a firm, association or corporation,
it shall be sufficient if any one member of the group is so certified.
Any construction or repair under the sum of
$1,000 is exempt from the provisions of this article, notwithstanding
anything to the contrary, unless it is already licensed by the Borough
of Longport, in which event the applicable portion of this article
shall apply.
Any person, firm, association or corporation
violating the provisions of this article shall be subject to a fine
not to exceed $1,000 on the first offense and a fine not to exceed
$5,000 on a second or subsequent offense.
