As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Defined in the New Jersey State Uniform Construction Code.
CLASS I CONSTRUCTION CONTRACTOR
A person who, by himself or through others, offers to undertake
or holds himself out as being able to undertake to perform one or
more of the activities listed under construction contracting and who
meets the standards set by the Division of Construction for this classification.
CLASS II CONSTRUCTION CONTRACTOR
A person whose business operations are limited to the performance
of construction work in a single trade requiring special skills and
whose business involves the use of such specialized building trades
or crafts and who meets the standards set by the Division of Construction.
CONSTRUCTION CONTRACTING
Engaging in any or all of the following activities:
A.
The erection, construction, enlargement, alteration, repair
or renovation of any commercial building or structure.
B.
The installation, extension, alteration or repair of any elevator,
moving stairway, mechanical equipment, refrigeration, air-conditioning
or ventilating apparatus, gas piping, heating system or any other
equipment specifically controlled by the provisions of the New Jersey
State Uniform Construction Code on commercial buildings or structures and for which the
State of New Jersey does not mandate or require licensure.
C.
The erection, alteration, relocation or repair of any sign or
outdoor display structure.
D.
The demolition, removal or moving of any building or structure
other than residential.
E.
The erection or repair of fences other than residential.
F.
The erection, installation, alteration or repair of swimming
pools other than residential.
G.
The installation or repair of driveways and sidewalks other
than residential.
CONSTRUCTION CONTRACTOR
A person engaged in the business of construction contracting,
as it pertains to commercial buildings or structures, who has passed
an examination given by the Construction Official (Division of Construction)
which would indicate an acceptable level of administrative and technical
skill, training, experience and responsibility to engage in such business
and that the State of New Jersey does not mandate or require licensure
of the same.
CONTRACTOR LICENSE
A license to conduct a construction contracting business,
as defined herein, on commercial buildings or structures, issued to
those applicants who meet the aforementioned requirements of a construction
contractor.
PERSON
A person, firm, association, company, partnership, corporation
or other legal entity.
RESPONSIBLE MANAGING EMPLOYEE
The individual responsible for the direct management of the
contracting business of the licensee. A responsible managing employee
shall not be deemed to have the direct management of the licensee's
contracting business unless he is:
A.
A bona fide employee, principally employed by the licensee.
B.
In a position to secure full compliance with this chapter.
C.
Familiar with all construction plans, specifications and amendments
thereto that the firm enters into and sees that all such provisions
are carried out. To record such familiarity, the responsible managing
employee shall sign or initial all such documents.
D.
Familiar with the specific project the firm undertakes and sees
that the records include the amount of time the responsible managing
employee spends with the firm and payroll record of the responsible
managing employee.
E.
In residence in the state during the time the license is in
effect or during the period of time a project is under construction,
or having an established local office manned with one or more employee.
On or after the effective date of this chapter, it shall be
unlawful for any person to enter into, engage in or perform the services
of construction contractor unless such person has applied for and
obtained a construction contractor license from the Mercantile Office
and has paid all fees and submitted the necessary insurances, as required,
in accordance with this chapter.
A. The application for a construction contractor license shall be filed
with the Mercantile Office in such form as the Director of Licensing
and Inspections shall prescribe.
[Amended 1-27-2010 by Ord. No. 03-2010]
B. The provisions of this chapter shall not apply to the following:
(1) Persons performing work which would otherwise be covered by this
chapter, if such person is an employee of the City of Atlantic City,
State of New Jersey, the federal government or a public utility, and
such work is performed as a part of and in the course of such employment.
(2) Persons performing contracting work for and under contract with the
federal government, if such person is exempt from compliance with
this chapter by virtue of federal law.
[Amended 4-20-2016 by Ord. No. 20-2016]
Construction contractors' fees.
Type of License
|
Fee
|
---|
Application
|
$25
|
Initial Class I Construction Contractor
|
$600
|
Renewal Class I Construction Contractor
|
$250
|
Initial Class II Construction Contractor
|
$300
|
Renewal Class II Construction Contractor
|
$200
|
[Amended 1-27-2010 by Ord. No. 03-2010]
No license issued hereunder shall be transferred or assigned;
any license so transferred or assigned shall be suspended or revoked
by the Director of Licensing and Inspections.
No licensee shall act, assume to act or hold himself out to
the public in the City of Atlantic City as a construction contractor
in any classification other than those classifications for which such
licensee is licensed.
Any person violating any of the provisions of this chapter shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not to exceed $2,000 or by
imprisonment for any term not exceeding 90 days in the county jail
or in any place provided by the municipality for the detention of
prisoners, or both. The Municipal Judge before whom any person is
convicted of violation of this chapter shall have the power to impose
any fine or term of imprisonment, or both, not exceeding the maximum
fixed in this chapter.