[HISTORY: Adopted by the Board of Commissioners of the City of Margate City 3-27-1986 by Ord. No. 1986-4. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Margate City Contractor Licensing Ordinance."
The following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
The Board of Examiners established by this chapter.[1]
A building as defined in State Uniform Construction Code.
[2]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 contracting" 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.
To engage in any or all of the following activities:
The erection, construction, enlargement, alteration, repair, renovation or painting of any building or structure.
The installation, extension, alteration or repair of any elevator, moving stairway, mechanical equipment, refrigeration, air-conditioning or ventilating apparatus or any other equipment specifically controlled by the provisions of the State Uniform Construction Code.[3]
[Amended 7-23-1987 by Ord. No. 1987-13]
The erection, alteration, relocation or repair of any sign or outdoor display structure.
The demolition, removal or moving of any building or structure.
The erection or repair of fences.
The erection, installation, alteration or repair of swimming pools.
The installation and repair of alarms and security systems.
The installation, maintenance, alteration, inspection or repair of fire-suppression systems.
[Added 7-23-1987 by Ord. No. 1987-13]
Exception. All New Jersey licensed electrical and plumbing contractors are exempt.
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 legal 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 assure full compliance with this chapter and the rules and regulations of the Board.
Familiar with all construction plans, specifications and amendments thereto that 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 projects the firm undertakes and sees that records include the amount of time the responsible managing employee spends with the firm and 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 or a local agent of the state.
[1]
Editor’s Note: Former § 114-3, Board of examiners created; membership; terms; vacancies, was repealed 7-16-2015 by Ord. No. 10-2015.
A.Â
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.Â
The Board may adopt such rules as are necessary to carry out the provisions of this chapter.
C.Â
A majority of the Board shall constitute a quorum for the transaction of business.
D.Â
The Board shall keep a record of all proceedings conducted before it. The Board shall maintain a register of all applications for contractor licenses, which register shall indicate:
(1)Â
The name and residence of the applicant.
(2)Â
The date of the application.
(3)Â
The principal place of business of the applicant.
(4)Â
Whether or not an examination was required.
(5)Â
Whether the applicant was accepted or rejected.
(6)Â
The license number if a license was issued.
(7)Â
The amount of the license fee collected.
(8)Â
The date of the action of the Board.
E.Â
The Board shall meet and consider applications for licenses at least once a month and at the call of the Chairman or the person acting in his place.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
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 City of Margate City.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
A.Â
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 of buildings or structures within the City of Margate City. The Board shall conduct hearings, where appropriate, into the construction or building actions of registered builders or their agents, servants or employees. In the event that the Board determines 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 City of Margate City was a deviation from accepted building practices within the area, was a violation of a state or federal law or other ordinance of the City of Margate City, 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 suspended by the Board, it shall be renewed upon payment of a fee to the City, following completion of the suspension period.
B.Â
The Board may also refuse or revoke the registered builder's license for any of the following:
(1)Â
Any misstatement made on an application for a license or renewal of a license or examination.
(2)Â
Willful and continual material breach of a contract to which such licensee is a party as a construction contractor.
(3)Â
Performance of such construction work in a willfully negligent manner.
(4)Â
Violation of any provision of this chapter.
(5)Â
Willful diversion of funds or property received for commencement or completion of a specific construction project for any other purpose.
C.Â
If the complaint on which the Board is acting had been made by the Construction Code Official, then said Construction Code Official shall disqualify himself from that hearing except as a witness.
D.Â
In the event that the Board conducts a hearing involving any registered builder, it shall give reasonable notice to the person or persons involved and shall permit such person or persons to be represented if they desire. Any formal action or recommendations taken by the Board shall be in writing, and a copy of such recommendations or actions shall be forwarded to the builder or other person involved.
E.Â
The Board shall have 30 working days following the date of the Board meeting to reach a decision of approval or denial of any application for license.
F.Â
Any registered builder adversely affected by the decision of the Board shall have the right to appeal to the governing body of the City of Margate City to review the actions of the Board within a period of 20 days from receipt of written notice of the opinion, recommendation or formal action of the Board. In the event that such appeal is taken, the governing body, within 20 days of receipt of such appeal, shall conduct a hearing to review the actions of the Board. The governing body shall have the right to affirm, reverse, remand or modify the actions of the Board.
G.Â
Any person whose license shall have been revoked may apply for a reinstatement after a period of one year from the date of revocation. Such application shall be submitted in accordance with the provisions of this chapter for an initial license.
A.Â
Examination required; purpose.
(1)Â
All applicants for a contractor 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 knowledge of the class of construction contracting for which the applicant is being examined.
(2)Â
Oral examinations may be given in lieu of written examinations in particular cases by express approval of the Board.
(3)Â
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 the citizens of this City from poor workmanship and fraudulent work.
B.Â
Waiver of examination. The Board may, upon application to it and the payment of the prescribed fee, issue any class of license without examination to any person who, within six months of the effective date of this chapter, 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.Â
Exam questions; passing rate. The Board shall formulate the necessary questions for examination of all applicants for licenses. In no event shall a passing rate be less than 70%. The builders' examination shall be offered as many times as agreed upon by the Board, but at least four times a year.
D.Â
Reexamination. Should any applicant be unsuccessful in passing the builders' examination, he 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.
[Amended 12-11-1986 by Ord. No. 1986-20]
A.Â
The application for a license shall be filed with the Construction Code Official in such form as the Board shall prescribe and shall include, but not be limited to, the following information:
(1)Â
The name, home address and business address and telephone number of the applicant.
(2)Â
Where the applicant is a corporation, partnership or other business entity, the applicant shall indicate the names and addresses of the officers or other responsible persons upon whom service may be made.
(3)Â
A complete statement of the general nature of the applicant's contracting business.
(4)Â
The number of years the applicant has been in business and the location of such business.
(5)Â
A record of the previous experience of the applicant in the field of construction adequate to demonstrate the required ability of the applicant.
(6)Â
Copies of any valid license of other cities.
(7)Â
Whether the applicant has ever been licensed or had a professional or vocational license refused, suspended or revoked.
B.Â
Every application shall be signed, if an individual, by the individual applying; if a partnership, by a copartner; if a corporation or joint venture, by its president or vice president employee. All persons signing the application shall swear to the truth of the statements therein before a notary public of the State of New Jersey. In lieu of the applicant swearing to the truth of the statements before a notary public of the State of New Jersey, the applicant may submit the following certification, which shall be dated and immediately precede the applicant's signature: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment."
[Amended 1-20-2005 by Ord. No. 2005-1]
C.Â
All applications must be filed with the Construction Code Official at least two weeks immediately preceding a regularly scheduled meeting of the Board in order to be considered by the Board at the meeting.
D.Â
The fees for an application, a construction contractor license or a renewal thereof shall be as follows, per year:
[Amended 7-23-1987 by Ord. No. 1987-13]
E.Â
Every such license shall expire on the first day of January of each year. The license shall entitle the holder thereof to be known and/or designated as a "registered construction contractor" of the City of Margate City. The license shall apply only to the person, firm, association or corporation so licensed and shall not be transferable.
[Amended 7-23-1987 by Ord. No. 1987-13]
F.Â
All licenses issued between the first day of July and the 31st day of December, following, in any year shall be issued for 1/2 of the fee mentioned hereinabove for a class license only. Said license shall expire on the first day of January, following.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
A.Â
Licenses may be renewed by the Board upon written application of the licensee and payment of the prescribed fee without reexamination. Such application must be made within 15 days after the expiration of any license.
B.Â
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 reexamination but shall be required to file a new application and pay the fee required for an initial license.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
No license issued hereunder shall be transferred or assigned. Any license so transferred or assigned shall be suspended or revoked by the Board.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
[Amended 7-23-1987 by Ord. No. 1987-13]
B.Â
Class III licenses shall mean a person or business operation are 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, incinerators, crematories, air-pollution systems, fire-suppression systems and fire-protection systems.
C.Â
Class II licenses shall mean a person or business operation are limited to performance of work in a single trade requiring special skill and knowledge to adequately perform satisfactory. The following is a list of such functions: siding, covering facias and soffits, painting, concrete and brick work, roofing, wooden steps, landing and patio and all other ordinary repairs that do not affect the structural value of the structure.
D.Â
Class I shall cover all requirements in Class II plus any other type of new construction, such as new buildings, additions, alterations, renovations, replacement and demolition.
[1]
Editor’s Note: The Board of Examiners was repealed 7-16-2015 by Ord. No. 10-2015.
[Amended 7-23-1987 by Ord. No. 1987-13]
A.Â
All persons holding a Class I, Class II or Class III construction contractor license 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 City of Margate City as an additional named insured with respect only to liability coverages afforded by the policy(s), insuring against bodily injury and property damages in an amount to be determined by the City with a minimum of $100,000 and a maximum of $300,000 combined single limit.
B.Â
Said liability insurance shall be the comprehensive general liability form and may include premises operations and independent contractors products/complete operations, explosion, collapse and underground hazard, broad form property damage and blanket contractual.
C.Â
A certificate of insurance that confirms the aforementioned coverage(s) shall be submitted to the Construction Official prior to the issuance of a license.
[1]
Editor's Note: Former § 114-13, Bond, added 12-11-1986 by Ord. No. 1986-20, was repealed 1-20-2005 by Ord. No. 2005-1.
A.Â
The provisions of this chapter shall not apply to the following:
(1)Â
A person performing work which would otherwise be covered by this chapter if such person is an employee of the City of Margate City, 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.
(2)Â
A person performing contracting work for and under contract with the Federal Government or State of New Jersey, City of Margate City or public utility.
(3)Â
Property owners personally performing work on their own property.
B.Â
The provisions of this chapter shall not apply to any persons engaged in any contracting activity authorized by the issuance of a license and/or business permit for 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 as the person for a license for at least six months following the date of such death, illness or other physical disability, provided that said business is conducted under such qualified supervision as the Board deems adequate.
A.Â
Every licensee who performs or supervises the installation, erection, repair or alteration of the Contractors Licensing Act of 1986 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.Â
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 New Jersey 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.Â
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.
E.Â
The licensee and/or those persons otherwise exempted from this chapter shall be permitted to engage in construction activities except as otherwise directed by the Police Department on weekdays from 7:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 4:00 p.m. No work will be permitted on Sundays.
[Added 10-8-1992 by Ord. No. 1992-19]
A.Â
On or after the effective date of this chapter, 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/or fire-protection systems or any other equipment specifically controlled by the provisions of this chapter in the City of Margate City 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 chapter, 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. With respect to a firm, association or corporation, it shall be sufficient if any one member of the group is so certified.
[Amended 7-23-1987 by Ord. No. 1987-13]
B.Â
A copy of said contractor license shall be kept on each and every job site while doing work covered by this chapter.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person, firm, association or corporation violating the provision of this chapter shall be subject, upon conviction, to a fine not to exceed $1,000 or imprisonment for a term not to exceed 90 days, or both such fine and imprisonment.
