Township of Stafford, NJ Contractors, Registration of

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]

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.

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]

§ 89-3 Application requirements; procedure.

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]

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.

The applicant shall state in which class he desires to be registered, choosing one or more of the classes designated in § 89-6.

The application shall be approved or disapproved within 10 days after filing.

§ 89-4 Capability of compliance; fees.

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]

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.

§ 89-5 Performance standards.

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.

The person or persons doing the work shall notify the Construction Code Official within the twenty-four-hour period prior to commencing any work.

§ 89-6 Classes of registration.

For the purposes of this chapter, there shall be the following classes for registration:

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.

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.

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.

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.

Moving contractor: A contractor who is engaged in the business of or who is proficient in the moving of any building or structure.

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.

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.

Landscape contractor: A contractor who is engaged in the business of or who is proficient in the landscaping of homes and commercial buildings.

Miscellaneous contractor: A contractor who is proficient in work of a special character, as determined by the Construction Code Official.

§ 89-7 Conditions for revocation.

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:

Fraud or misrepresentation or concealment of a material fact in the information given upon initial registration or upon reregistration after revocation.

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.

Material and substantial breach of contract with the owner or purchaser.

§ 89-8 Revocation procedure.

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.

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.

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.

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.

§ 89-9 Appeals.

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.

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.

§ 89-10 Service of notice.

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.

§ 89-11 Violations and penalties.

[Amended 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22]

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.

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.

§ 89-12 Reregistration after revocation.

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 certificate by the Construction Code Official to the effect that all violations with reference to the revocation have been corrected.

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.

Payment of a reregistration fee of $25.

[Amended 5-5-1992 by Ord. No. 92-26]