[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.]
GENERAL REFERENCES
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:
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.
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:
Cutting away of any wall, partition or portion thereo
The removal or cutting of any structural beam or beaming support.
The removal or change of any required means of egress
Rearrangement of parts of a structure affecting the existing requirements.
Any work affecting structural or fire safety
Any work which will increase the nonconformity of any existing building
structure (with the requirement of the regulations).
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.
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.
A.
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:
(1)
Ordinary building repairs, which include:
(a)
Exterior and interior painting.
(b)
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.
(c)
Wallpapering at any location.
(d)
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.
(e)
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.
(f)
The repair of any nonstructural member such as a railing.
(g)
The repair or replacement of any interior or exterior
trim, decoration or moldings.
(h)
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.
(i)
The repair of existing roofing material with like material
not exceeding 25% of the total roof area within any twelve-month period.
(j)
The repair of existing siding with like material not
exceeding 25% of the total building exterior wall area within any twelve-month
period.
(k)
The repair of any part of a porch or stoop which does
not structurally support a roof above.
(l)
The replacement or installation of screens.
(m)
The installation of any roll or batt insulation when
installed adjacent to or not more than 1 1/2 inches from an interior
finish.
(n)
Replacement of exterior rainwater gutters and leaders.
(2)
Ordinary plumbing repairs, which include:
(a)
Repairs involving only working parts of a faucet, valve
or plumbing fixture.
(b)
The clearance of stoppages or the repair of leaks, provided
that such repairs do not require any change in the piping arrangement.
(c)
Replacement of any faucet or valve, provided that no
rearrangement of the connecting piping system is required.
(3)
Ordinary electrical repairs, which include:
(a)
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.
(b)
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.
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(5)
Ordinary heating, ventilation and air-conditioning repairs,
which include:
(a)
Replacement of motors, pumps and fans of the same capacity.
(b)
Repair and replacement of heating supply and return piping
and radiation elements, which does not require rearrangement of the piping
system.
(c)
Repair and replacement of duct work.
(d)
Repair and replacement of packaged air-conditioning equipment
and systems with a like capacity that are listed by a nationally recognized
testing agency.
(e)
Repairs or replacement of control devices for heating
and air-conditioning equipment.
B.
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:
A.
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.
B.
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.
C.
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[1]]
A.
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.
B.
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.
A.
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.
B.
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.
