[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.
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 chapter.
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. 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.
E.
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.
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.
The Board may also refuse or revoke the registered
builder's license for any of the following:
(1)
Any misstatement made on an application for a license
or renewal of a license or examination.
(2)
Willful and continual material breach of a contract
to which such licensee is a party as a construction contractor.
(3)
Performance of such construction work in a willfully
negligent manner.
(4)
Violation of any provision of this chapter.
(5)
Willful diversion of 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 had
been made by the Construction Code Official, then said Construction
Code Official shall disqualify himself from that hearing except as
a witness.
D.
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.
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.
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.
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.
Examination required; purpose.
(1)
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)
Oral examinations may be given in lieu of written
examinations in particular cases by express approval of the Board.
(3)
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.
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.
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.
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.
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)
The name, home address and business address and telephone
number of the applicant.
(2)
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)
A complete statement of the general nature of the
applicant's contracting business.
(4)
The number of years 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)
Copies of any valid license of other cities.
(7)
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The provisions of this chapter shall not apply to
the following:
(1)
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)
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)
Property owners personally performing work on their
own property.
B.
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.
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.
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.
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.
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.
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.
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.
