Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 9-29-1992 by Ord. No. MC 2960 (Ch. 83 of the 1981 Revised Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CONTRACTOR
A person or persons organized and engaged in the construction, demolition, removal, renovation and/or repair of any building or structure. New home builders are exempted from the licensing requirement, coming within the licensing authority of the State of New Jersey.
DIRECTOR
The Chief License Clerk in the Department of Revenue and Finance.
OFFICERS
The officers of any firm or corporation, including the president, vice president, secretary and treasurer and all other officers which a business entity may appoint.
PERSON
Any individual, firm, member of a firm, partnership, member of a partnership, corporation or any officer, director or stockholder of any corporation or any agent or any employees of any firm, partnership or corporation.
STRUCTURE
Any object which must be put together on a specific site of land, with materials and labor, including surfaces such as streets and highways. A "structure" shall include the repair and/or replacement of a sidewalk or driveway on or within any right-of-way within the Township of Irvington. This shall not include contractors engaged in the performance of similar work that are directly under contract with the Township of Irvington.
[Amended 7-14-2015 by Ord. No. MC 3543]
SUBCONTRACTOR
A person or persons who have a direct contract with one general contractor to perform any of the work on the work site. "Subcontractors" may be specialists such as roofing, siding, etc., or have more than one specialty, but nothing herein shall pertain to the licensing of plumbers and electricians, which are licensed by the State of New Jersey.
No person shall engage in the business of constructing, erecting, altering, repairing, restoring, moving, adding to or demolishing the whole or any part of buildings or structures, for which a permit is required by the Revised Ordinances of the Township of Irvington, as a general contractor or as a subcontractor, until such person shall be licensed, provided that the owner of a building or structure who performs any of the activities set forth in this section on such building or structure shall not be required to be licensed in accordance with the provisions of this chapter, provided that such owner performs and supervises his own work.
Applications for licensing pursuant to this chapter shall be made to the director under oath on a form furnished by him. The application shall set forth the following information:
A. 
The applicant's name, business name and business address.
B. 
Whether the person is an individual, a partnership or corporation.
C. 
If the applicant is an individual, the applicant's residence address.
D. 
If the applicant is a partnership, the names of the partners and their respective residence addresses.
E. 
If the applicant is a corporation or other entity, the names of all corporate officers and all stockholders who possess more than 10% of its stock, the name and address of the registered agent and the address of the principal office of the corporation.
F. 
Whether the applicant or any partners or officers thereof have ever been arrested or convicted of a crime, and if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.
G. 
Whether the applicant or any partner, shareholder or officer has been named in a complaint to the state or county Division of Consumer Affairs, the Better Business Bureau or any other similar agency and the disposition of such a complaint.
H. 
Whether the applicant or any partner, shareholder or officer has been named party defendant in a civil suit for any reason related to his work as contractor or subcontractor as defined above and the disposition of such litigation.
I. 
The number of years the applicant has been in business at its present business address and all prior locations.
J. 
The type of work engaged in by the contractor, indicating his specialty or specialties.
[Amended 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
Upon the filing of the application, the applicant shall pay a fee of $128 initially for such license or for the relicensing after revocation of a license previously issued to such applicant in accordance with this chapter. In the event that such license is not issued, the license fee shall be returned less $10 for processing. There shall be an additional renewal fee of $76 annually thereafter for said license.
[Amended 10-14-2015 by Ord. No. MC 3553]
Upon the filing of the application by the applicant, the Director shall determine if the character and business responsibility of the applicant and any partner or officer thereto is satisfactory unless the application or report of the Public Safety Department regarding the same or other evidence presented to the Director shall disclose any of the following:
A. 
Prior violation of statute, ordinances or regulations relevant to the construction, erection, alteration, repair, restoration, moving or demolition of any building or structure or part thereof.
B. 
A determination of previous fraudulent acts of conduct.
C. 
A record of chronic or continual breaches of contract.
D. 
Concrete evidence of bad character.
E. 
Evidence or grounds similar to those listed above which would reasonably cause the Director to refuse to issue said license because the character or business responsibility of the applicant or any partner or officer is not satisfactory.
A. 
Upon filing of the application, the applicant shall pay a fee as set forth in § 245-4, for such license or for relicensing after revocation of a license previously issued to such applicant in accordance with this chapter. After a final review and approval of the application, the Director shall issue the license to the applicant for the year ending on November 30 of each year. The license will expire on that date but shall be automatically renewed for one year by the Construction Official upon payment by the applicant of the annual fee.
B. 
The license shall contain such information required for application for same in § 245-3A, B, C, D and H of this chapter, in addition to the Township license number and the signatures of the Chief License Clerk and the Director of Revenue and Finance.
C. 
If the application is rejected by the Director, the applicant may request a hearing before the Construction Official, as the Township building code official, to offer why his application should be reconsidered.
Upon failure to renew any license on or before the expiration date, any subsequent license shall constitute a new or original license, subject to the filing of a new application in accordance with the provisions of this chapter and payment of the fee specified in § 245-4 of this chapter.
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 Irvington relevant to the construction, erection, alteration, repair, restoration, reroofing, residing, moving or demolition of any building or structure 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 such conviction was obtained, exists or remains.
B. 
If, after the public hearing held by the Construction Official and Municipal Engineer, they determine that an applicant is not qualified pursuant to the standards of § 245-5 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 to those standards set forth in § 245-5 above for the issuance of licenses.
Any person whose license has been revoked under the provisions of this chapter may be relicensed by the Director when the grounds upon which such license was revoked are removed or corrected and upon payment of the fee prescribed in § 245-4 of this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).