[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 3-16-1981 as Ord. No. 777 (§ 12-6 of the 1975 Code). Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the Borough of River Edge without first having registered with the Building Department of the Borough of River Edge therefor, as provided herein.
No firm, association or corporation shall engage in building contracting in the borough unless at least one (1) officer, agent or member of said firm, association or corporation has been registered according to the provisions of this chapter. Such registration shall be valid and in effect only while the individual so registered is still a member, officer or agent of such firm, association or corporation and his name appears prominently on all letterheads, invoices and stationery.
Scope and meaning of certain words and terms.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- BUILDER or CONTRACTOR
- Any person who, in any capacity other than as the employee of another with wages as the sole compensation, undertakes, or offers to undertake, or purports to have the capacity to undertake, or accepts an order or contract, whether on a fixed sum, cost plus, or percentage or fixed fee, or any combination thereof, or submits a bid to construct, alter, repair, add to, subtract from, demolish, re-roof, re-side or in any way improve any building or structure, project or improvement, (including fences or swimming pools) or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
- Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
- Any individual, firm, association, partnership or corporation.
This chapter shall not apply to:
Any person or authorized representative doing work for a governmental unit on governmental property.
Any individual person making repairs upon his own private home.
Plumbers, electricians and other specialized trades for which other special registrations and licenses are required by applicable borough ordinances or state statutes.
This chapter shall be administered by the Construction Official of the Building Department of the Borough of River Edge. In addition to any other powers granted under this chapter, the Construction Official shall have the right to make recommendations to the Mayor and Council for the suspension and revocation of registrations.
Contractors shall be divided into the following classifications:
General contractor. A contractor or firm qualified to erect a structure in its entirety, add to, alter or repair an existing structure. A general contractor shall be held accountable for the work of all separate contractors employed by his organization.
Contractor. A contractor or firm qualified to erect a structure in its entirety, add to, alter or repair an existing structure. A contractor shall be in a position to complete said work with his own employees, retaining no separate contractors.
Subcontractor. A contractor or firm employed directly by a homeowner to excavate for, erect, repair or alter a specific part of a structure; this category shall include excavators, masons, tile men, carpenters, cabinet makers, heating and air conditioning contractors and any other trade not specifically excluded in § 186-3.
Roofing and siding contractor. A contractor or firm qualified to apply roofing and siding material to new or existing structures.
Moving contractor. A contractor or firm qualified and equipped to move any structure.
Demolition contractor. A contractor or firm qualified and equipped to demolish any structure.
Swimming pool contractor. A contractor or firm who installs or constructs swimming pools except a general contractor who is registered under Subsection A above.
Fence contractor. Contractor or firm who installs or constructs fences.
Sign contractor. Contractor or firm who constructs or installs signs.
[Added 6-18-1984 by Ord. No. 859]
Applications for registration under this chapter shall be made to the Construction Official, in writing, on such printed forms as he shall prescribe and prepare. Such forms may be obtained from the Building Department or the Construction Official and shall be signed under oath and shall contain the following information:
If an individual, the full name, sex, age and residence address of the time of application and addresses for the last ten (10) years, and business address and telephone number.
If the applicant is a corporation, or an officer, agent or employee of a corporation:
The full corporate name;
The date and state of incorporation;
The address of the place or places of businesses;
The name, residence and business address of the authorized agent upon whom service of process may be had in the State of New Jersey; and
Names and addresses of persons who own ten percent (10%) or more of stock, unless the corporation is listed on the American or New York Stock Exchange.
The following information shall be provided by all applicants:
The educational and/or business experience of the applicant in the business or occupation for which the registration is sought;
The length of time that the applicant has been engaged in such business or occupation;
The tax resale number;
Has registration been revoked or suspended elsewhere?
Have you ever been indicted for violations of the building or zoning or uniform construction codes? If so, detail;
Equipment to be used; and
Such other information as the Construction Official may deem reasonably necessary for the protection of the public health, safety, morals and general welfare of the citizens of the Borough of River Edge.
No registration, or renewal thereof, granted under the provisions of this chapter shall be assignable or transferable.
The annual fee for registration under this chapter shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk.
The registration issued hereunder shall expire June 1 immediately following the date it is granted. A registration may be renewed upon payment of the renewal fee as hereinabove set forth and completion of a form indicating any and all changes of information set forth in previous applications. When a job is commenced and permits issued and there is a valid registration in effect, that registration shall be valid until the completion of that particular job. A contractor must be registered under this chapter whenever work is commenced or permits issued.
The Construction Official of the Borough of River Edge shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any contractor registered hereunder who shall be guilty of any one (1) or more of the following acts or omissions:
Fraud or misrepresentation in obtaining registration;
Hearings. Any person who has received notice of revocation or suspension of his registration under this chapter shall be entitled to a hearing. Notice that the aggrieved party is seeking a hearing should be filed within thirty (30) days of the notice of suspension or revocation. The Construction Official shall schedule a hearing within thirty (30) days of receipt of the notice of request for hearing. The aggrieved party shall have the right to appeal by letter or by an attorney and present evidence concerning the matter. An appeal of the decision of the Construction Official shall go directly to the Superior Court of New Jersey, Law Division.
Reinstatement. Any person entitled or corporation whose registration has been suspended or revoked may apply to the Construction Official for reinstatement of his registration. The Construction Official shall have the right to reinstate, revoke registrations, reduce or cancel the period of suspension. This shall be done after a hearing before the Construction Official under the same conditions as in Subsection B above. A person can make a request only once per year for reinstatement of his registration.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof.