[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.]
A.
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.
B.
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.
A.
Scope and meaning of certain words and terms.
B.
BUILDER or CONTRACTOR
BUILDING
PERSON
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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:
A.
Any person or authorized representative doing work for
a governmental unit on governmental property.
B.
Any individual person making repairs upon his own private
home.
C.
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:
A.
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.
B.
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.
C.
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.
D.
Roofing and siding contractor. A contractor or firm qualified
to apply roofing and siding material to new or existing structures.
E.
Moving contractor. A contractor or firm qualified and
equipped to move any structure.
F.
Demolition contractor. A contractor or firm qualified
and equipped to demolish any structure.
G.
Swimming pool contractor. A contractor or firm who installs or constructs swimming pools except a general contractor who is registered under Subsection A above.
H.
Fence contractor. Contractor or firm who installs or
constructs fences.
I.
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:
A.
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.
B.
If the applicant is a corporation, or an officer, agent
or employee of a corporation:
(1)
The full corporate name;
(2)
The date and state of incorporation;
(3)
The address of the place or places of businesses;
(4)
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
(5)
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.
D.
The following information shall be provided by all applicants:
(1)
The educational and/or business experience of the applicant
in the business or occupation for which the registration is sought;
(2)
The length of time that the applicant has been engaged
in such business or occupation;
(4)
The tax resale number;
(5)
Has registration been revoked or suspended elsewhere?
(6)
Have you ever been indicted for violations of the building
or zoning or uniform construction codes? If so, detail;
(7)
Equipment to be used; and
(8)
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.
E.
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.
A.
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:
B.
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.
C.
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.
