[HISTORY: Adopted by the Township Council
of the Township of Stafford 3-26-1985 by Ord. No. 85-44. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An individual or agency appointed by the Township of Stafford
to perform the duties of the Construction Code Official.
A.
Every person, firm or corporation engaged in the business
of constructing, erecting, altering, repairing, restoring, reroofing,
residing, moving or demolishing the whole or any part of buildings
or structures or engaged in the construction and installation of swimming
pools or engaged in the business of erecting or altering signs or
landscaping shall be required to register the name of such person,
firm or corporation with the Building Department unless he or it holds
a valid state license for that type of work. Every person, firm or
corporation subject to registration under this chapter shall be required
to register and submit an application pursuant to this chapter annually
on or before January 15 of each year.
[Amended 5-5-1992 by Ord. No. 92-26]
B.
The owner or occupant of a building or structure who
does all of his own work without the use of any contractor and executes
a sworn statement to this effect on forms supplied by the Construction
Code Official shall not be required to register as required by this
chapter.
C.
Any person, firm or corporation not required to register
under this chapter because of possession of a valid state license
for said work shall be required nonetheless to submit to the Construction
Code Official on or before January 15 of each year a copy of the applicable
license. Also, any builder who has registered with the Department
of Community Affairs pursuant to the provisions of The New Home Warranty
and Builders' Registration Act, N.J.S.A. 46:3B-1 et seq., shall not
be required to register under this chapter; however, said builder
shall be required to provide proof of registration pursuant to the
New Home Warranty and Builders' Registration Act and also proof that
said builder has provided the warranty required pursuant to the provisions
of that Act.
[Added 5-5-1992 by Ord. No. 92-26]
A.
Application for the registration of contractors shall
be submitted to the Construction Code Official on forms supplied by
him and shall include, in addition to any other pertinent information
he may reasonably deem necessary:
(1)
A statement giving the name or corporate or firm name
of the contractor.
(2)
In the case of a firm, corporation or partnership,
the name and address of the principal office of said firm or corporation:
the names and addresses of all officers, directors, managerial employees
and stockholders owning, of record or beneficially, 5% or more of
the outstanding stock of any class of said corporation; and, in the
case of a partnership, the names and addresses of all partners, whether
general, special or limited.
(3)
Proof that the person, firm or corporation submitting
the application pursuant to this chapter has valid general liability
insurance coverage for the type of contracting work for which the
applicant is registering.
[Added 5-5-1992 by Ord. No. 92-26]
B.
This application shall also contain the number of years such person, firm or corporation has been in the contracting business at the current location or any prior locations, including the address of any such prior location, if any. The application shall indicate, for both the current and any prior periods of time or locations at which a contracting business has been conducted, all other former trade names, if any, by which any such contracting business was conducted or in which any of the persons listed in answer to Subsection A(2), above, participated in any manner and shall likewise furnish all the information required in Subsection A(2), above, for each such prior business.
C.
The applicant shall state in which class he desires to be registered, choosing one or more of the classes designated in § 89-6.
D.
The application shall be approved or disapproved within
10 days after filing.
A.
No person, firm or corporation shall be registered annually under this chapter or be reregistered after revocation of registration under § 89-7 of this chapter unless and until there has been a determination by the Construction Code Official that the applicant is capable of complying with the requirements hereof and has demonstrated sufficient capability and proficiency in his or its past business history to justify a reasonable belief that such compliance will occur and unless and until there is paid to the Construction Code Official, to the order of the Township of Stafford, a fee of $25 therefor, to cover the costs of licensing.
[Amended 5-5-1992 by Ord. No. 92-26]
B.
Any person, firm or corporation whose registration
has been revoked three times shall be presumed not capable or proficient
in his trade and shall not be permitted to reregister under this chapter.
A.
All work shall be done in accordance with the Building Code of the Township of Stafford and other codes and ordinances thereof applicable to the construction activities described in § 89-2 hereof and must be done in a good and workmanlike manner in accordance with applicable plans and specifications under accepted practice prevailing in the Ocean County area.
B.
The person or persons doing the work shall notify
the Construction Code Official within the twenty-four-hour period
prior to commencing any work.
For the purposes of this chapter, there shall
be the following classes for registration:
A.
General contractor: A contractor who is proficient
in the construction of a building or structure from start to finish
and the alteration, addition to or repair of any building or structure.
This class of contractor shall be equipped to handle such work either
by and through his own organization or appropriate subcontractors
and, in the latter event, must be completely responsible for his subcontractor's
work as if performed or to be performed directly by the general contractor.
B.
Contractor: A contractor who is proficient in the
construction of a building or structure from start to finish and the
alteration, addition to or repair of any building or structure. This
class of contractor shall be equipped to handle such work by and through
his own work or his own organization of employees.
C.
Roofing and siding contractor: A contractor who is
engaged in the business of and who is proficient in the application
of roofing and siding materials to existing or new buildings or structures.
D.
Demolition contractor: A contractor who is engaged
in the business of and who is proficient in demolishing any building
or structure in whole or in part.
E.
Moving contractor: A contractor who is engaged in
the business of or who is proficient in the moving of any building
or structure.
F.
Swimming pool contractor: A contractor who is engaged
in the business of or who is proficient in the installation of swimming
pools, their equipment and appurtenances.
G.
Sign or billboard contractor: A contractor who is
engaged in the business of or who is proficient in the erection, alteration
or maintenance of signs or billboards.
H.
Landscape contractor: A contractor who is engaged
in the business of or who is proficient in the landscaping of homes
and commercial buildings.
I.
Miscellaneous contractor: A contractor who is proficient
in work of a special character, as determined by the Construction
Code Official.
The Construction Code Official of the Township
of Stafford shall revoke the registration of any contractor licensed
hereunder who shall be guilty of any one or more of the following
acts or omissions:
A.
Fraud or misrepresentation or concealment of a material
fact in the information given upon initial registration or upon reregistration
after revocation.
B.
Violation of the Building, Plumbing, Fire Prevention
or Health Codes of the Township of Stafford or of any other ordinance
or statute which governs the activities or nature of work performed
by the contractor.
C.
Material and substantial breach of contract with the
owner or purchaser.
A.
The Construction Code Official, on his own initiative
and on forms to be prescribed by him, or any person, firm or corporation
which has entered into an agreement for work, either verbal or written,
with any contractor registered hereunder may file a complaint against
any registered contractor by the filing of the same with the Building
Department. Such complaint shall be in writing and signed by the person
filing the same. The complaint shall contain a statement of facts
setting forth the specific facts relating to the violation of this
chapter or of the Township of Stafford Building, Plumbing, Fire Prevention
or Health Codes or any other Township ordinance or statute pertaining
to building, construction or the registered contractor's activities.
B.
Upon a complaint being filed in the manner and form
herein prescribed, the Construction Code Official shall forthwith
issue a notice, in writing, directing the contractor to file a written
answer, within 10 days after the service of notice, responding to
the charges or showing cause why his registration should not be revoked.
A copy of the complaint shall be served with said notice.
C.
Failure of the contractor in question to file a written
answer within said 10 days may be deemed an admission by him of the
commission of the act or violations cited in the complaint, and his
license thereupon may be revoked forthwith by the Construction Code
Official without further evidence.
D.
In the event that the contractor in question shall
file a written answer within the time period prescribed in the notice,
a hearing shall be scheduled, notice of which shall be served no less
than 10 days prior to the date fixed for the hearing. Said hearing
shall be held by and before the Construction Code Official of the
Township of Stafford, who shall thereafter make all decisions as to
fact and law concerning revocation of the registration. At the hearing,
the Construction Code Official and the licensee shall each have the
right to appear personally or by counsel (counsel shall be required
if the licensee is a corporation) and cross-examine witnesses and
produce witnesses and evidence in his behalf. A certified court reporter
shall be present at the contractor's expense, and a complete transcript
shall be presented to the Township Council at no cost if an appeal
is taken.
A.
Any person, firm or corporation aggrieved by any action
of the Construction Code Official taken pursuant to this chapter shall
have the right of appeal to the Township Council of the Township of
Stafford.
B.
Such appeal shall be taken by filing with the Township
Clerk, within 10 days after notice of revocation or other action complained
of, a written statement setting forth fully the grounds for appeal.
The Township Council shall thereafter set a time and place for hearing
the appeal upon at least 10 days' prior written notice to the appellant.
The decision and order of the Township Council on such appeal shall
be final and conclusive and shall be based on the evidence presented
at the hearing before the Construction Code Official with no further
evidence being permitted.
Whenever notice is required or permitted to
be given by any section of this chapter, such notice may be effected
by personal service upon the licensee, if an individual, or upon any
general partner, if a partnership, or upon any corporate officer,
if a corporation, or, alternatively, to any of the foregoing by certified
mail, return receipt requested, to the last address listed in the
Construction Code Official's office in conjunction with the registration
information. It shall be the duty of each registered contractor to
keep the Township advised of any subsequent change of address. Upon
failure of a contractor to comply with this requirement, any notice
returned with the notation "unknown" or "moved" or "not claimed" shall
be deemed proper service of all notices required by this chapter.
[Amended 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
Any person, firm or corporation whose registration has been revoked under the provisions of § 89-7 of this chapter may apply to reregister and have his, her or its name reentered upon the registration list upon filing the following:
A.
A certificate by the Construction Code Official to
the effect that all violations with reference to the revocation have
been corrected.
B.
Proof that all loss caused by the act or omissions
for which the registration was revoked has been fully satisfied and
that all conditions imposed by the decision of the revocation have
been complied with.
C.
Payment of a reregistration fee of $25.
[Amended 5-5-1992 by Ord. No. 92-26]