[HISTORY: Adopted by the Borough of Rutherford Council 9-4-1968 by Ord. No. 2007. 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 Rutherford without having first obtained a license therefor as provided herein.
Scope and meaning of certain words and terms.
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
- BUILDER or CONTRACTOR
- Any person who is in any capacity other than as the employee of another with wages as the sole compensation who 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, 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:
No firm, association or corporation shall engage in building contracting in the borough unless at least one officer, agent or member of said firm, association or corporation has been licensed, according to the provisions of this chapter and has a license issued to it in the name of the firm, association or corporation as herein provided. Such license shall be valid and in effect only while the individual so licensed is still a member, officer or agent of such firm, association or corporation.
This chapter shall be administered by the Building Committee of the governing body of the Borough of Rutherford and the Building Inspector.
In addition to any other powers granted under this chapter, the Building Committee may adopt such rules and regulations as are deemed necessary and expedient for the purposes of administering this chapter, including consideration of license applications and recommendations to the Mayor and Council for suspension and revocation of licenses.
Contractors shall be divided into the following classifications:
General contractor. A contractor or firm qualified to erect a structure in its entirety or 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 or 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, cabinetmakers, heating contractors and any other trade.
Sign or billboard contractor. A contractor or firm qualified to erect, maintain or alter signs or billboards.
Roofing, siding and swimming pool contractor. A contractor or firm qualified to apply roofing and siding material to a new or existing structure; a contractor or firm qualified to install a swimming pool; a contractor or firm qualified and equipped to move any structure.
Demolition contractor. A contractor or firm qualified to demolish a structure or portion thereof.
Applications for licenses under this chapter shall be made to the Building Inspector, in writing, on such printed forms as the Building Committee shall prescribe and prepare. Such forms may be obtained from the office of the Building Inspector and shall be signed by the applicant under oath and shall contain the following information:
If an individual, the full name, age, sex and residence address at the time of application.
If the applicant is a corporation or an officer or employee of a corporation:
Whether the applicant carries public liability insurance and, if so, the amount of said coverage.
Any such other information as the Building Committee may deem reasonably necessary for the protection of public health, safety, morals and general welfare of the citizens of the Borough of Rutherford.
No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable.
[Amended 12-1-1992 by Ord. No. 2668-92]
Every license issued hereunder shall expire one year following the date it is granted. A license may be renewed upon payment of the renewal fee as hereinabove set forth.
The Building Committee of the Borough of Rutherford shall have the power, in addition to all other powers provided for in this chapter, to revoke the license of any contractor licensed hereunder, who shall be guilty of any one or more of the following acts or omissions:
The Building Committee or any contractee or contractor may prefer charges against any licensee under the terms of this chapter by the filing of a complaint. Such complaint must be made in writing and sworn to by the person preferring such charges and submitted to and filed with the secretary to the Building Committee. Upon filing of the complaint in the manner and form prescribed, it shall be the duty of the Building Committee, at the earliest possible date and not later than 30 days thereafter, to investigate the charges and to determine whether there exists probable cause that a violation has occurred.
The complaint shall contain a statement of facts setting forth the specific charges relating to the violation of this chapter, or of the borough Building Code, or any applicable borough ordinance or state laws pertaining to building construction.
If the Building Committee finds probable cause that a violation has been committed, the Building Committee shall forthwith issue a notice directing the licensee, within 20 calendar days after service of notice, to appear and answer to the charges showing cause, if any, why his license should not be suspended or revoked.
A copy of the charges, together with the notice showing the time and place of hearing shall be served on the licensee at least five days before the date fixed for the hearing. The licensee shall be notified by certified letter and notice of the hearing shall be published in the local newspaper. At the hearing the licensee shall have the right to appear personally or by counsel and cross-examine witnesses against him and to produce witnesses and evidence in his behalf.
Failure of the licensee to appear may be deemed an admission by him of a commission of the act or acts cited in the complaint and his license thereupon may be suspended forthwith pending any hearing of the cause that the Building Committee in its discretion, may order; provided, however, that the Building Committee shall have the power in the event of such failure to answer, to suspend or revoke the license without further evidence other than the charges filed.
Whenever the Building Committee, after hearing, shall determine that a licensee is in violation, the Building Committee may then issue an order against such licensee to correct such violation, fixing a reasonable time within which such correction shall be made or accomplished and upon compliance with said order, the Building Committee may dismiss said complaint.
After revocation of a license upon any ground set forth in this chapter, such license shall not be renewed or reissued within a period of six months after the final determination of revocation, and then only upon proper showing that all loss caused by the act or omissions for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with.
Any person aggrieved by the action of the Building Committee shall have the right of appeal to the Mayor and Council of the Borough of Rutherford. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearings on such appeal and notice of such hearing shall be given to the appellant by registered letter at his last known address at least five days prior to the date set for hearing. The decision and order of the Council on such appeal shall be final and conclusive.
No permit shall be issued by the Building Inspector for the erection, construction, reconstruction, structural alteration or removal of any building or structure to anyone except a duly licensed contractor or his duly authorized agent under the provisions of this chapter.
Permits shall be granted to the actual owner of the promises and/or the individual who undertakes alone to do the work of a contract or his duly authorized agent for which work construction is to be done; provided, however, the owner or his duly authorized agent shall sign a statement that said work or construction for which the permit is sought will be done by himself or one who undertakes alone to do the work of a contract.
Any person who shall violate the terms or provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $200 or imprisonment for a period not to exceed 90 days, or both at the discretion of the Judge. Each day upon which such violation shall continue shall constitute a separate offense.
The invalidity of any article, section, clause or word of this chapter shall not affect the validity of any other article, section, clause or word thereof.
This chapter shall take effect immediately upon final passage and publication as provided by law.