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.
This chapter shall not apply to:
A. Any person or authorized representative dealing with
any governmental unit.
B. Any private person making repairs on his own private
home.
C. Plumbers, electricians and other specialized trades,
for which other special licenses are required by applicable city ordinances
or state statutes.
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.
Contractors shall be divided into the following classifications:
A. 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.
B. 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.
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,
cabinetmakers, heating contractors and any other trade.
D. Sign or billboard contractor. A contractor or firm qualified
to erect, maintain or alter signs or billboards.
E. 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.
F. Demolition contractor. A contractor or firm qualified
to demolish a structure or portion thereof.
[Amended 12-1-1992 by Ord.
No. 2668-92]
A. The annual fee for a building contractor's license under
this chapter shall be $25.
B. The annual license fee for each annual renewal license
for a building contractor shall be $25.
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:
A. Fraud or misrepresentation in obtaining license.
B. Violation of the Building Code.
C. Filing of voluntary petition in bankruptcy.
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.
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.