[HISTORY: Adopted by the City Council of the City of Atlantic
City 5-6-2009 by Ord. No. 18-2009]
As used in this chapter, the following terms shall have the
meanings indicated:
Defined in the New Jersey State Uniform Construction Code.[1]
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.
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.
Engaging in any or all of the following activities:
The erection, construction, enlargement, alteration, repair
or renovation of any commercial building or structure.
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[2] on commercial buildings or structures and for which the
State of New Jersey does not mandate or require licensure.
The erection, alteration, relocation or repair of any sign or
outdoor display structure.
The demolition, removal or moving of any building or structure
other than residential.
The erection or repair of fences other than residential.
The erection, installation, alteration or repair of swimming
pools other than residential.
The installation or repair of driveways and sidewalks other
than residential.
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.
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.
A person, firm, association, company, partnership, corporation
or other legal entity.
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 bona fide employee, principally employed by the licensee.
In a position to secure full compliance with this chapter.
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.
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.
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.
A.
All first-time applicants for a construction contractor license shall
be required to take and successfully pass an examination as determined
by the Construction Official, designed to test the applicant's
experience, ability and knowledge of the class of construction contracting
for which the applicant is being examined. All examinations shall
be administered by the Construction Official or his designee.
B.
In the case of an applicant who employs a responsible managing employee,
said employee may take the aforementioned examination.
C.
It is the purpose of an examination to determine whether the applicant
can perform the work sought to be licensed or performed in a competent
workmanlike and satisfactory manner in accordance with the standards
of construction in this community and state, to be determined by the
Construction Official in his best judgment and discretion, to protect
the public and the citizens of this City from incompetent, improper,
fraudulent and unqualified contractors and licensees.
D.
Any persons aggrieved by a decision of the Construction Official
denying a license based upon the examination may appeal that decision
within 30 days to the Director of Licensing and Inspections by filing
a written notice of appeal with the Department of Licensing and Inspections.
The Director shall conduct a hearing at which time evidence may be
presented by either party. The Director's decision may be appealed
by the applicant to a court of competent jurisdiction.
[Amended 1-27-2010 by Ord. No. 03-2010]
A.
All persons holding a Class I or Class II construction contractor
license, and their agents and employees, are required to be covered
by a policy or policies of insurance. Said policy or policies shall
name the City of Atlantic City as an additional named insured with
respect only to liability coverage afforded by the policy or policies,
insuring against bodily injury and property damages in the amount
to be determined by the City, with a minimum amount of $1,000,000
per occurrence. The City of Atlantic City shall also be named as certificate
holder. Said certificate of insurance shall be submitted with the
application for license.
B.
Said liability insurance shall be the comprehensive general liability
form and may include premises operations and independent contractors,
products/complete operations, explosion, collapse and underground
hazard, broad form property damage and blanket contractual.
C.
A certificate of insurance for workers' compensation shall also
be provided to the City. A certificate of insurance shall be submitted
to the Mercantile Office prior to the issuance of a license.
D.
In addition to the above insurance requirements, all licensees shall
complete and submit an indemnification and hold-harmless agreement
as to the City of Atlantic City upon forms to be supplied. Said agreement
shall indemnify, defend and save harmless the City from any claims,
expenses and liabilities arising out of the issuance of the license
in any activity performed pursuant to said license. Further, the contractor
shall agree to indemnify the City and be liable for any damage to
City property resulting from the actions of the licensee, its agents
or employees, subcontractors, etc., pursuant to said license.
A.
Every license issued hereunder shall automatically expire on March
1 following the date of issuance of such license. Licenses may be
renewed, upon written application of the licensee and payment of the
prescribed fee, without written examination. Such application must
be made within 30 days after the expiration of any license.
B.
Any licensee who fails to renew said license within the thirty-day
period shall have one year from the expiration date in which to renew
the license without reexamination, but shall be required to file a
new application and pay the fee required for the initial application.
[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.
A.
The Director of Licensing and Inspections shall act as a hearing
officer, who may investigate and conduct hearings regarding the suspension
or revocation of any license issued hereunder. The Director, on complaint
by the Construction Official or any aggrieved person, in writing,
duly signed, sworn and filed, may suspend or revoke any license issued
hereunder if any said licensee has:
[Amended 1-27-2010 by Ord. No. 03-2010]
(1)
Made any misstatement on an application for a license or renewal
of a license or examination;
(2)
Willfully and continually materially breached a contract to which
such licensee is a party as a construction contractor;
(3)
Performed such construction work in a willfully negligent manner;
(5)
Violated any provision of this chapter; or
(6)
Willfully diverted funds or property received for commencement or
completion of a specific construction project for any other purpose.
B.
If the complaint on which the Director is acting has been made by
the Construction Official, then said Construction Official shall disqualify
himself from that hearing except as a witness.
C.
The Director of Licensing and Inspections shall notify the accused
licensee of the time and place of the hearing. Said notice shall be
in writing and shall be mailed by certified mail to the last known
place of business of said licensee at least 15 days before such hearing
date. At any hearing the accused licensee shall have the right to
appear personally and by counsel and shall have the right to confront
and cross-examine witnesses appearing against him and to produce evidence
and witnesses in his defense. If the Director determines suspension
or revocation of the license of the accused licensee, the accused
licensee shall be notified within 10 days after the Director's
decision. The Director shall have 20 working days after the date of
the hearing in which to reach a decision.
[Amended 1-27-2010 by Ord. No. 03-2010]
D.
Any person whose license shall have been revoked may apply for a
new license after a period of one year from the date of revocation.
Such application shall be submitted in accordance with the provisions
of this chapter for an initial license.
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.
