[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 11-1-1990 as Ord. No. 26-1990. Amendments noted where applicable.]
Uniform construction codes — See Ch. 86.
It is the purpose and intent of this chapter to regulate the conduct of building contractors operating within the Township of Pemberton and to protect the citizens of the township against unscrupulous and/or inexperienced persons engaged in home construction, home repair and other forms of building contracting within the Township of Pemberton. This chapter is adopted pursuant to N.J.S.A. 40:48-2, the governing body deeming it necessary and proper for good government, order and protection of persons and property and for the preservation of the public health, safety, morals and welfare of the municipality and its inhabitants. This chapter is to be broadly construed to effectuate the purposes set forth herein.
The following words and terms, when used herein, shall have the following meanings unless the context indicates otherwise:
- BUILDING CONTRACTOR
- Includes any person who agrees, for a price or fee, to perform construction-related work for another, such as cement or concrete contracting, either flat, farm or well work or masonry work; carpentry or woodwork contracting; paving, plumbing, electrical or other forms of contracting related to the building construction and remodeling industry; except as otherwise provided herein. The term "building contractor" includes general contractors (responsible for the entire job) and subcontractors (responsible for only portion of the job, e.g., plumber or carpenter). Any person engaging in the construction, repair or alteration of any building structure or street or sidewalk pavement in the Township of Pemberton for which a construction permit is required under this chapter shall be construed as doing business as a "contractor" in Pemberton Township.
- A person who does odd jobs or small tasks relating to or designated for use in construction, remodeling or repair work limited to ordinary repairs or small jobs.
- ORDINARY REPAIRS
- Restoration or improvement of a routine or usual nature which is done by replacing a part of or putting together something that is worn or broken in a building or electrical, plumbing, heating, ventilation or air-conditioning system and which does not require application or notice to the Construction Official. Specific examples of "ordinary repairs" are included in § 88-4 of this chapter. "Ordinary repairs" do not include the following:
- A. Cutting away of any wall, partition or portion thereo
- B. The removal or cutting of any structural beam or beaming support.
- C. The removal or change of any required means of egress
- D. Rearrangement of parts of a structure affecting the existing requirements.
- E. Any work affecting structural or fire safety
- F. Any work which will increase the nonconformity of any existing building structure (with the requirement of the regulations).
- G. Alteration, replacement or relocation of any standpipe, water supply, sewer, drainage, drain basin, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety
- The owner or owners in fee of the property or a lesser estate therein, a mortgagee in possession, an assignee of rents, receiver, executor, trustee or lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property.
- Any individual, partnership, corporation or other legal entity capable of entering into a contract to undertake construction/carpentry work as described in this chapter.
- SMALL JOB
- Construction work requiring no prior approvals and the total cost of which is under $5,000. A "small job" may involve more than one trade and may require plan review.
[Amended 10-21-1993 by Ord. No. 20-1993]
It shall be unlawful to engage in the business of construction or as a building contractor (as a general contractor or as a subcontractor) in the Township of Pemberton without having first obtained a license to conduct such business, except as otherwise provided herein; and except in those situations where licensure is provided pursuant to N.J.S.A. 45:5A-9, 45:5A-17(a) and 45:14C-1 et seq. and such other statutes which provide for the licensure by an agency or department of the state of specific contractors.
For purposes of this chapter, a license will not be required for the handyman and an owner in the course of ordinary repairs, which include but are not necessarily limited to the following:
Ordinary building repairs, which include:
Exterior and interior painting.
Installation, repair or replacement of any interior finish in a one- or two-family dwelling, such as vinyl wall covering, plastering or drywall on an existing wall. Paneling is not considered to be an ordinary repair.
Wallpapering at any location.
The replacement of glass in any window or door. However, the replacement glass shall be of the type and quality so as to comply with minimum requirements of the code.
The installation and replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. Any new door or window shall be of the same type and operation as the existing and shall not reduce the minimum requirements of the code for means of egress and emergency escape.
The repair of any nonstructural member such as a railing.
The repair or replacement of any interior or exterior trim, decoration or moldings.
The replacement or installation of any flooring material, except carpeting, with a new material. However, installation of carpeting in one- and two-family dwellings will be permitted under ordinary repairs.
The repair of existing roofing material with like material not exceeding 25% of the total roof area within any twelve-month period.
The repair of existing siding with like material not exceeding 25% of the total building exterior wall area within any twelve-month period.
The repair of any part of a porch or stoop which does not structurally support a roof above.
The replacement or installation of screens.
The installation of any roll or batt insulation when installed adjacent to or not more than 1 1/2 inches from an interior finish.
Replacement of exterior rainwater gutters and leaders.
Ordinary plumbing repairs, which include:
Repairs involving only working parts of a faucet, valve or plumbing fixture.
The clearance of stoppages or the repair of leaks, provided that such repairs do not require any change in the piping arrangement.
Replacement of any faucet or valve, provided that no rearrangement of the connecting piping system is required.
Ordinary electrical repairs, which include:
The replacement of any receptacle, switch or lighting fixture rated at 20 amperes or less and operating at less than 150 volts to ground with a like or similar item.
Repairs to any installed electrically operated equipment such as doorbells, communication systems, elevators and any motor-operated device.
NOTE: Section 1700.3 of the 1981 BOCA Basic Building Code requires notification of the Fire Protection Subcode Official when fire protection systems are interrupted for repairs.
Ordinary heating, ventilation and air-conditioning repairs, which include:
Replacement of motors, pumps and fans of the same capacity.
Repair and replacement of heating supply and return piping and radiation elements, which does not require rearrangement of the piping system.
Repair and replacement of duct work.
Repair and replacement of packaged air-conditioning equipment and systems with a like capacity that are listed by a nationally recognized testing agency.
Repairs or replacement of control devices for heating and air-conditioning equipment.
No inspections of ordinary repairs are required by N.J.A.C. 5:23-1 et seq.
The annual fee for a license required under this chapter shall be $25 per year.
It shall be the duty of all building contractors to comply with all laws and ordinances pertaining to or regulating the construction of buildings or other structures, streets, sidewalks, pavements and other specific types of construction in which the contractor is engaged.
Any building contractor's license may be revoked by the governing body for repeated violations of any law, regulation or ordinance relating to the construction of buildings, the use of streets, the replacing of streets or sidewalks or any other ordinance relating to the work performed by such contractor. The revocation may be in addition to any fine imposed for violating this chapter.
No permit shall be issued for the construction of a building or structure in the township or for the repair or alteration of the exterior of any building or structure when the construction or repair/alteration work is to be undertaken by a building contractor required to be licensed under this chapter unless a certificate or other proof is filed with the township's Construction Official showing that the contractor carries public liability insurance with limits of at least $25,000 on property damage liability. Said insurance shall remain in effect for the life of the license.
Applications for and the issuance of licenses under this chapter shall be governed by the following procedure:
Applications. Applications for licenses shall be made to the Construction Official. The Construction Official shall prepare an application form and written instructions to be available to the public.
Investigation. The Construction Official shall cause an investigation to be made as to whether or not the applicant complies with all requirements set forth by this chapter and any and all other applicable laws for the license sought. The Construction Official shall refer applications to other offices or departments of the township where appropriate or where required by this chapter or other ordinances or laws.
Issuance or refusal. The license shall be issued or refused, in writing, not more than 30 days after the application has been made. If the license is refused, the reasons for the refusal shall be given in writing. Should a prospective applicant be refused a license, said applicant shall have 30 days to file an appeal to the governing body which shall, within 30 days of said appeal, afford an opportunity to the applicant to be heard as to why the license should not be issued.
All licenses issued under this chapter shall be for a period of one year from the date of issuance.
[Added 10-21-1993 by Ord. No. 20-1993]
The Township Council recognizes that certain contractors and subcontractors are licensed by the State of New Jersey pursuant to, for example, the Electrical Contractors Licensing Act of 1962, N.J.S.A. 45:5A-1 et seq.; the State Plumbing License Law of 1968, N.J.S.A. 45:14C-1 et seq.; etc. The Council further acknowledges that by enacting such legislation, the state legislature has expressed a determination to preempt the entire electrical and plumbing contracting licensing area, such that local licensing is prohibited pursuant to N.J.S.A. 45:5A-17(a), governing electrical contractors, and N.J.S.A. 45:14C-12, governing master plumbers.
However, there is nothing in the statutes nor under case law to suggest that a municipality does not have authority to declare that a person is a threat to the general health, safety and welfare of the municipality's residents where said person engages in the business of electrical or plumbing subcontracting or any other form of contracting or subcontracting which is regulated by the state and does so without first securing an appropriate license from the State of New Jersey. Accordingly, it is hereby declared to be unlawful in the Township of Pemberton to engage in business as an electrical, plumbing or other contractor or subcontractor, where the nature of such work is the subject of state licensing provisions, without having first secured a license from the State of New Jersey to engage in such activities. It is hereby declared to be the express intent of the governing body to protect residents within this municipality, to the extent that the governing body is authorized to do so, by imposing penalties and fines against persons who engage in such type of activity without having first secured state licensing.
Any person, firm, corporation or entity who or which violates the terms of this chapter shall, upon conviction, be subject to a fine not to exceed $1,000, imprisonment in the county jail for a period not to exceed 90 days or a term of community service not to exceed 90 days, at the discretion of the Municipal Magistrate. Each day in which a building contractor operates in violation of this chapter shall be considered a separate offense; and each project or contract in which a building contractor is engaged in violation of this chapter shall be considered a separate offense as well.
Injunctive relief. In the event that it is necessary for the township to institute legal action to enjoin and restrain a person, firm, corporation or entity from violating the terms of this chapter, then said person, firm, corporation or entity shall be liable for the reasonable attorneys fees and costs incurred by the township in pursuit of said judicial relief upon a determination by the court in favor of the township.