[HISTORY: Derived from Sec. 4-12 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
[Amended 3-17-2003 by Ord. No. 03-31]
Every person engaged in the following shall be required to register the name of such person with the Construction Code Official:
The nonresidential business of constructing, erecting, altering, repairing, restoring, reroofing, re-siding, moving or demolishing the whole or any part of buildings or structures; or
The construction and installation of curbs, drainage, driveways and sidewalks within the right-of-way of the Township of Clark.
The owner or occupant of a building or structure applying for a permit required by a Township ordinance covering the activities set forth in § 126-1 shall not be required to register, provided that he/she intends to supervise his/her own work.
For the purpose of this chapter, there shall be the following classes of registration:
Contractor: a contractor who is engaged in the business of the construction of a building or structure from start to finish or 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/her own work or his/her own organization or employees.
Demolition contractor: a contractor who is engaged in the business of demolishing any building or structure in whole or in part.
General contractor: a contractor who is engaged in the business of the construction of a building or structure from start to finish or 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/her own organization or appropriate subcontractors and, in the latter event, must be completely responsible for his/her subcontractor's work.
Miscellaneous contractor: a contractor who is engaged in work of a special character as determined by the Construction Code Official.
Moving contractor: a contractor who is engaged in the business of moving any buildings or structures.
Roofing and siding contractor: a contractor who is engaged in the business of the application of roofing and siding materials to existing or new buildings or structures.
Sign or billboard contractor: a contractor who is engaged in the business of the erection, alteration or maintenance of signs or billboards.
Swimming pool contractor: a contractor who is engaged in the business of the installation of swimming pools, their equipment and appurtenances.
Registration shall be granted to applicants who can:
Satisfy the Construction Code Official, either by demonstration of competence, by submission of two references from other official licensing authorities or by virtue of having practiced their trade for a length of time sufficient to satisfy the Construction Code Official, of competence in the trade.
Produce official evidence of having satisfactorily completed a course of instruction in their respective trade or have completed or are within reasonable proximity of completing an apprenticeship in their trade.
Application for registration under this chapter shall be submitted to the Construction Code Official on forms supplied by him/her and shall include, in addition to any information he/she may deem necessary, a statement giving the name of the contractor and, in the case of a firm, corporation or partnership, the name and address of the principal officer or member of such firm, corporation or partnership. The application shall also contain the number of years such person, firm or corporation has been in business or in existence at the current location and shall include the address of all prior locations, if any. The applicant shall state in which class he/she desires to be registered, choosing one or more of the classes designated in § 126-3.
[Amended 8-11-2004 by Ord. No. 04-11]
No person shall be registered under this chapter or shall be reregistered after revocation of registration unless and until there is paid to the Construction Code Official the fee of $100 every two years.
Collection of license fees shall be the responsibility of the Construction Code Official, who shall report to and deposit all collected fees to the Township Treasurer on a weekly basis.
If any person registered under the provisions of this chapter shall fail, in the execution of any work, to comply with the applicable ordinances and regulations of the Township relevant to the construction, erection, alteration, repair, restoration, re-siding, reroofing, moving or demolition of any building, structure, swimming pool, sign or billboard, or part thereof, or if any person registered under the provisions of this chapter consistently engages in unsatisfactory work, attempts to defraud or not fulfill obligations of contracts or does not remedy unsatisfactory work, whether by mistakes or unwitting errors made by himself/herself or those in his/her employ, or should the Construction Code Official receive three complaints of unsatisfactory work from persons with whom the contractor has been employed to do business, the Construction Code Official shall cause a notice of violation to be served upon such person or principal member or officer of any such firm or corporation. Such notice shall:
Be in writing.
Include a statement of the reasons why it is being issued.
State that unless, within 10 days from service of the notice, a written request is made for a hearing before the Construction Code Official, such notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation.
Prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation.
Upon conviction for such violation at a requested hearing, or upon failure to correct such violation within the period of time stated in the notice of violation, the registration of such person shall be revoked by the Construction Code Official, who shall strike the name of such person from the registration list and shall not reenter or reinstate such registration during such time as such violation exists or remains.
Any person whose registration has been revoked under the provisions of § 126-7 may reregister and have his/her or its name reentered upon the registration list upon filing with the Department of Public Works and Engineering a certification by the Construction Code Official to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent and upon payment of the fee prescribed in § 126-6. If the contractor is incompetent, the licensee shall demonstrate to the Construction Code Official that he/she has achieved a level of competence that would enable him/her to perform satisfactory work and justify relicensing.
Any contractor performing work within the Township shall dispose of all household building material, trees, branches, limbs, trunks, stumps and the like upon completion of the work being performed within the Township. The Township shall have no responsibility for the removal of same upon the request of the property owner on whose property the work has been done by the contractor. Furthermore, the contractor shall not be permitted to dispose of such debris in or through the Township facilities, but rather shall make his/her own arrangements for the removal and disposal of same.
Any builder or contractor who fails or refuses to comply with this chapter prior to the commencement of any work within the Township of Clark shall be subject to a fine of up to $500 and shall be deemed ineligible for registration for a period of six months thereafter.
Any person who knowingly employs a builder or contractor who is unregistered is in violation of the provisions of this chapter and shall be subject to a fine of up to $500.