Whenever used in this chapter, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
CONTRACTOR
Any person or salesman, other than a bona fide employee of
the owner, who owns, operates, maintains, conducts, controls, or transacts
a home improvement business and who undertakes or offers to undertake
or agrees to perform any home improvement or solicits any contract
therefor, whether or not such person is licensed or subject to the
licensing requirements of this section and whether or not such person
is a prime contractor or subcontractor with respect to the owner.
HOME IMPROVEMENT
The construction, demolition, repair, replacement, remodeling,
alteration, conversion, rehabilitation, renovation, modernization,
improvement, or addition to any land or building, or that option thereof
which is used or designed to be used as a residence or dwelling place
and shall include but not be limited to the construction, erection,
replacement, or improvement of driveways, swimming pools, terraces,
patios, landscaping, fences, porches, garages, fallout shelters, basements,
and other improvements to structures or upon land which is adjacent
to a dwelling house.
Home improvement shall not mean or include:
A.
The construction of a new home building or work done by a contractor
in compliance with a guarantee of completion of a new building project.
B.
The sale of goods or materials by a seller who neither arranges
to perform nor performs directly or indirectly any work or labor in
connection with the installation of or application of the goods or
materials.
C.
Residences owned by or controlled by the state or any municipal
subdivision thereof.
D.
Painting or decorating of a building, residence, home or apartment,
when not incidental or related to home improvement work as herein
defined.
Without regard to the extent of affixation, home improvement
shall also include the installation of central heating or air conditioning
systems, central vacuum cleaning systems, storm windows, awnings,
(or) fire or burglar alarms, (or) communication systems, the insulation
of a structure or the demolition of a structure.
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HOME IMPROVEMENT CONTRACT
An agreement, whether oral or written, contained in one (1)
or more documents between a contractor and an owner or contractor
and a tenant, regardless of the number of residence or dwelling units
contained in the building in which the tenant resides, provided that
the work is to be performed in, to or upon the residence or dwelling
unit of such tenant, for the performance of a home improvement, and
includes all labor, services and materials to be furnished and performed
thereunder.
OWNER
Any homeowner, condominium unit owner, tenant, or any other
person who orders, contracts for or purchases the home improvement
services of a contractor or the person entities to the performance
of the work of a contractor pursuant to a home improvement contract.
PERSONS
An individual, firm, company, salesman, partnership or corporation,
trade group or association.
REGISTRANT
A person permitted to engage in the home improvement business
under the provisions of this Article.
Any person, partnership, corporation or other entity to whom
this Article applies shall, prior to commencing any work or service
as herein described in the City of Perth Amboy, make application to
the Department of Code Enforcement for registration as a contractor
in the City of Perth Amboy. The failure to make application for such
registration prior to commencement of work or services shall constitute
a violation of this Article. The form of application shall be available
at the Department of Code Enforcement.
Applications for registration shall provide the following information:
A. Name and address of applicant. If the applicant is a partnership,
the names and addresses of all partners if a corporation, the names
and addresses of all officers, directors and persons holding ten percent
(10%) or more of the issued outstanding stock.
B. The type of work customarily performed by the applicant.
C. A statement as to whether the applicant or any person named in Subsection
A of this section has ever been cited for violating any building code, and if so, the date and the subject of the citation, the nature of the citation and the penalty imposed.
D. Names of the last three (3) townships where work requiring a building
permit was performed.
E. All criminal convictions within the last ten (10) years.
The following shall constitute the grounds for which the Department
of Code Enforcement may deny the application for registration or revoke
or deny the renewal of an existing registration:
A. Failure to maintain and keep current adequate worker's compensation
insurance policy;
B. Failure to maintain and keep current a public liability insurance
policy;
C. Failure to comply with construction standards required by state law
or regulations or local ordinances or codes after having been given
notice of such noncompliance and failing to cure said noncompliance
without just cause;
D. Any of the following:
(1) Failure to comply with lawful instructions of the Department of Code
Enforcement regarding site safety;
(2) Altering plans submitted for the obtaining of the building permit
without further receiving the approval of the Department of Code Enforcement;
(3) Failure to obtain a building permit where required; or
(4) Owner/resident complaints against the contractor for unworkmanlike
or unsafe services, which complaint has been personally verified by
the Department of Code Enforcement.
E. The revocation of prior registration number by the Department of
Code Enforcement or the revocation of any local contractor's
license or registration by another municipality in the State of New
Jersey for any cause other than failure to pay licensing or registration
fees.
In the event that the Department of Code Enforcement has denied
or revoked a registration to an applicant or has refused to renew
such registration upon submission of the required fee, the aggrieved
contractor may appeal such denial, in writing, to the Mayor and Council
of the City of Perth Amboy.
A. Upon receipt of the written appeal, the City Clerk shall set a date
for the Mayor and Council to hear such appeal. This date may be adjourned
for a reasonable time at the request of the Mayor and Council or the
contractor.
B. At the time, date and place set for the hearing, the Mayor and Council
shall hear testimony from the Department of Code Enforcement as to
the grounds for denial and hear testimony from the contractor as to
why it is believed that such denial was unreasonable and improper.
At the hearing, the contractor shall be entitled to call witnesses
and to be represented by counsel.
C. At the conclusion of the hearing, a determination shall be made as
to whether or not the denial of the registration was proper under
the circumstances, and if determined to be improper, the Department
of Code Enforcement shall be directed to issue a registration number
to the contractor. If it is determined that the denial was proper,
then the Mayor and Council shall have the discretion to take one (1)
of the following actions:
(1) Uphold the denial without further action.
(2) If circumstances warrant, direct the Department of Code Enforcement
to register the contractor upon conditions imposed by the Mayor and
Council which are designed to reasonably ensure compliance by the
contractor with this Article.
(3) If circumstances warrant, direct the Department of Code Enforcement
to register the contractor at such time as any deficiency which were
the grounds for the denial has been cured by the contractor. The Council
shall set forth such deficiencies in its rulings.
D. Within ten (10) business days from the hearing date, the Department
of Code Enforcement and the contractor shall receive notification,
in writing, of the determination of the Mayor and Council and any
conditions which have been placed upon the approval of the application
for registration.
In addition to the enforcement of this Article, the Department
of Code Enforcement shall have the responsibility to do the following:
A. Monitor the accuracy and current status of the information contained
in the application for contractor's registration.
B. Keep all registration applications on file so that they are available
for inspection and copying by any interested party as public documents.
C. Notify the owner of the property on which work is being performed
by the contractor of the revocation of contractor's registration
for failure to keep current its public liability insurance.
D. The Department of Code Enforcement may make such rules and regulations
not inconsistent with the provisions of this section, as may be necessary,
with respect to the form and contents of applications for licenses,
the reception thereof, the investigation and examination of applicants
and their qualifications, and the other matters incidental or appropriate
to his powers and duties as prescribed by this section and for the
proper administration and enforcement of the provisions of this section,
and to amend or repeal any such rules and regulations.
Each registrant permitted to engage in the home improvement
business, within the City of Perth Amboy, shall disclose and give
notice to the Department of Code Enforcement of the address of the
contract, the type of work to be performed, and provide proof that
it has satisfied the insurance requirements prior to the start of
any home improvement contract.