[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 5-6-1980 by Ord. No. 2003 (Ch. 94 of the 1978 Code). Amendments noted where applicable.]
A. 
No person shall engage in the business of constructing, erecting, altering, repairing, restoring, reroofing, residing, moving or demolishing the whole or any part of commercial buildings or structures, as of December 31, 2005, or engage in the construction and installation of swimming pools, or engage in the business of erecting or altering signs, for any of which a permit is required, until such person shall be licensed by the Township of Nutley and approved by the Construction Official.
[Amended 8-16-2005 by Ord. No. 2905; 12-4-2007 by Ord. No. 3034]
B. 
The owner or occupant of a building or structure who performs any of the activities set forth in Subsection A above on such building or structure shall not be required to be licensed in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.
A. 
Applications for licensing as required by § 279-1 above shall be made to the Construction Official on a form furnished by the Code Enforcement Department.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or any other entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence address, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity:
(a) 
In the case of a corporation, the full names, residence addresses, dates and places of birth of each officer and each stockholder, the name and address of the registered agent and the address of the principal office. (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.)
(b) 
In the case of another entity, the full names, residence addresses, dates, places of birth of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the date of the conviction, the crime or charge involved and the disposition thereof; (the term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant); or whether any of the aforementioned persons have violated any state, county or municipal ordinances or regulations on construction or demolition, as defined herein.
(7) 
The number of years the applicant has been in business at its present business address or at any prior location, including the addresses of such prior locations, if any.
(8) 
The applicant's training and experience in the class or classes in which he desires to be licensed.
(9) 
The class in which the applicant desires to be licensed, selecting one or more of the classes designated in § 94-4 below.[1]
[1]
Editor's Note: Original § 94-4, Classes of licensing, was repealed 12-4-2007 by Ord. No. 3034.
C. 
Upon receipt of such application, authorized personnel of the Code Enforcement Department shall review the same with reference to the truth of the matters contained in the application and for the purpose of obtaining a copy of any police record which the applicant, or any partner, officer or stockholder thereof, may have.
D. 
The Construction Official and Municipal Engineer shall determine if the character and business responsibility of the applicant, or any partner, officer or stockholder thereof, is satisfactory on the basis of the information supplied and if the training and experience are sufficient to protect the citizens of the Township of Nutley from commercially unreasonable and unsafe work and in compliance with the requirements of the classes as set forth in § 94-4 herein;[2]and if the Construction Official and Municipal Engineer so determine, they shall cause a license to be issued to the applicant unless the application of the report of the Police Department or other evidence presented to the Construction Official shall tangibly disclose any of the following:
(1) 
A conviction for a crime involving moral turpitude.
(2) 
Prior violations of the statutes, ordinances or regulations relevant to the construction, erection, alteration, repair, restoration, reroofing, re-siding, moving or demolition of any building, structure, swimming pool, sign, billboard or part thereof.
(3) 
A determination of previous fraudulent acts or conduct.
(4) 
A record of continual breaches of contracts.
(5) 
Concrete evidence of bad character.
(6) 
Failure to demonstrate training or experience in the class in which the applicant seeks to be licensed.
(7) 
Grounds similar to those listed above which reasonably would cause the Building Inspector to determine that the character and business responsibility of the applicant, or any partner, officer or stockholder thereof, is not satisfactory.
[2]
Editor's Note: Original § 94-4, Classes of licensing, was repealed 12-4-2007 by Ord. No. 3034.
A. 
Upon filing such application, the applicant shall pay to the Code Enforcement Department a fee of $50 for such licenses or for relicensing after revocation of a license previously issued to such applicant in accordance with the provisions of § 279-5 below.
[Amended 4-4-1989 by Ord. No. 2266; 8-16-2005 by Ord. No. 2905; 12-4-2007 by Ord. No. 3034]
B. 
The term of such license shall expire on December 31 of the calendar year in which such license is issued.
C. 
Such license shall be automatically renewed by the Construction Official upon payment by the applicant to the Construction Official of an annual renewal fee of $25. Such renewal shall be before the calendar year in which such renewal occurs. Upon failure to renew any license on or before January 31 of the immediately succeeding calendar year, any subsequent license shall be and constitute a new or original license subject to the filing of a new application in accordance with the provisions of § 279-3A.
[Amended 4-4-1989 by Ord. No. 2266; 12-4-2007 by Ord. No. 3034[1]]
[1]
Editor's Note: This ordinance also repealed original § 94-4, Classes of licensing, which immediately followed this subsection.
A. 
If any person licensed in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinances of the Township of Nutley relevant to the construction, erection, alteration, repair, restoration, reroofing, re-siding, moving or demolition of any building, structure, swimming pool, sign, billboard or part thereof, the Construction Official shall revoke the license of such person immediately. The Construction Official shall not restore such license during such time as the violation for which such conviction was obtained, exists or remains.
B. 
If, after a public hearing held by the Construction Official and Municipal Engineer, they determine that an applicant is not qualified pursuant to the standards of § 279-2 herein on application for original licensing, or that the character and business responsibility of any person licensed in accordance with the provisions of this chapter has become unsatisfactory, the Construction Official shall revoke the license of such person immediately. At least 10 days' notice in writing of the time, place and purpose of such public hearing shall be given to the license holder by the Construction Official. In determining whether the character and business responsibility of such license holder has become unsatisfactory, the Construction Official shall be bound by those standards set forth in § 279-2D above for the issuance of licenses.
Any person whose license has been revoked under the provisions of § 279-4 above may be relicensed by the Construction Official if the grounds upon which such license was revoked are removed or corrected and upon payment of the fee prescribed in § 279-3A above.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.