Town of Secaucus, NJ Chapter 57 Builders and Contractors

[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 9-22-70. Section 57-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]

§ 57-1 License required

It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the Town of Secaucus without having first obtained a license therefor as provided herein.

§ 57-2 Definitions.

A. Scope and meaning of certain words and terms.

(1) Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural and the plural the singular.

(2) The word "shall" is mandatory and not directory; the word "may" is permissive.

B. Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:

BUILDER or CONTRACTOR

Any person who, in any capacity other than as the employee of another with wages as the sole compensation, undertakes or offers to undertake, or purports to have the capacity to undertake, or accepts an order or contract, whether on a fixed sum, cost plus, or percentage or fixed fee, or any combination thereof, or submits a bid to construct, alter, repair, add to, subtract from, demolish, re-roof, re-side or in any way improve any building, or structure, project or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.

BUILDING

Any roofed structure built for support, shelter or enclosure of persons, animals, chattels or property of any kind.

PERSON

Any individual, firm, association, partnership or corporation.

§ 57-3 Exceptions.

This chapter shall not apply to:

A. Any person or authorized representative dealing with any governmental unit.

B. Any person making repairs on his own home.

C. Plumbers, electricians and other specialized trades, for which other special licenses are required by applicable municipal ordinances or state statutes.

§ 57-4 Building companies to be licensed.

No firm, association or corporation shall engage in building contracting in the town unless at least one officer, agent or member of said firm, association or corporation has been licensed according to the provisions of this chapter, and has a license issued to it in the name of the firm, association or corporation as herein provided. Such license shall be valid and in effect only while the individual so licensed is still a member, officer or agent of such firm, association or corporation.

§ 57-5 Administrative authority.

[Amended 5-28-85 by Ord. No. 85-22]

A. This chapter shall be administered by the Construction Code Official.

B. In addition to any other powers granted under this chapter, the Construction Code Official may adopt such rules and regulations as are deemed necessary and expedient for the purposes of administering this chapter, including consideration of license applications and recommendations to the Mayor and Council for suspension and revocation of licenses.

§ 57-6 Classification of contractors.

Contractors shall be divided into the following classes and licenses shall be issued for each classification:

A. General contractor. A contractor or firm qualified to erect a structure in its entirety; add to, alter or repair an existing structure. A general contractor shall be held accountable for the work of all separate contractors and subcontractors it employs.

B. Contractor. A contractor or firm qualified to erect a structure in its entirety; add to, alter or repair an existing structure. A contractor shall be in a position to complete said work with his own employees, retaining no separate contractors or subcontractors.

C. Subcontractor. A contract or firm employed directly by a homeowner or general contractor to excavate for, erect, repair or alter a specific part of a structure. This category shall include excavators, masons, tile men, carpenters, cabinetmakers, heating contractors and any other trade.

D. Sign or billboard contractor. A contractor or firm qualified to erect, maintain or alter signs and billboards.

E. Roofing and siding contractor. A contractor or firm qualified to apply roofing and siding material to a new or existing structure.

F. Swimming pool contractor. A contractor or firm qualified to install a swimming pool.

G. Moving contractor. A contractor or firm qualified and equipped to move any structure.

H. Demolition contractor. A contractor or firm qualified to demolish a structure or portion thereof.

§ 57-7 License application; nontransferability.

A. Applications for licenses under this chapter shall be made to the Construction Code Official, in writing, on such printed forms as he shall prescribe and prepare. Such forms may be obtained from the office of the Construction Code Official. They shall be signed by the applicant under oath and shall contain the following information:

[Amended 5-28-85 by Ord. No. 85-22]

(1) If an individual, the full name, age, sex and residence address at the time of application.

(2) If the applicant is a corporation or an officer or employee of a corporation:

(a) The full corporate name.

(b) The date and state of incorporation.

(c) The address of the place or places of business.

(d) The name, residence and business address of the authorized agent upon whom service of process may be had in the State of New Jersey.

(3) If applicant is a partnership or a member of such firm or association:

(a) The information required by Subsection A(1) of this section for each partner.

(b) The name under which the business is being conducted.

(4) Whether the applicant carries public liability insurance and, if so, the amount of said coverage and the name of the insurer.

(5) The classification for which the applicant seeks to be licensed.

(6) The length of time for which, at the time of the application, the applicant has been actively engaged as a builder, or contractor in the classification for which a license is sought. If the applicant is a corporation, partnership or other business association, the application shall also state the length of time during which, at the time of the application, each individual active as a principal therein has been actively engaged as a builder or contractor in the classification for which a license is sought.

B. No license or renewal thereof granted under the pro-visions of this chapter shall be assignable or transferable.

§ 57-8 Fees.

[Amended 5-28-85 by Ord. No. 85-22; 9-22-92 by Ord. No. 92-33; 3-23-10 by Ord. No. 2010-11]

The application fee for a license under this chapter shall be $200 per calendar year or any part thereof. The fee for renewal of such license shall be $200.

§ 57-9 Expiration and renewal of licenses.

Every license issued hereunder shall expire one year after the date of its issuance. Within six months after expiration of a license it may be renewed, without new application, upon the payment of the renewal fee. If a license shall expire and not be renewed for a period of longer than six months, a new application must be made and the application fee paid.

§ 57-10 Grounds for revocation of licenses.

Licenses may be revoked for any one or more of the following acts or omissions:

A. Fraud or misrepresentation in obtaining a license.

B. Violation of the Building Code.[1]

[1] Editor's Note: See Ch. 59, Building Construction.

C. Filing of voluntary petition in bankruptcy.

D. Fraud or misrepresentation in obtaining or performing a contract, for the performance of which a license is required under this chapter.

E. Unjustified failure to perform a contract, for the performance of which a license is required under this chapter.

§ 57-11 Procedure for revocation or suspension.

[Amended 5-28-85 by Ord. No. 85-22]

A. The Construction Code Official may initiate proceedings for the revocation of a license by filing a written complaint with the Town Clerk identifying the licensee who is allegedly guilty of a violation of § 57-10 of this chapter, and setting forth, in detail, the factual basis of the charge.

B. Any other person may initiate proceedings for the revocation of a license by filing a written complaint with the Construction Code Official, identifying the licensee who is allegedly guilty of a violation of § 57-10 of this chapter, and setting forth, in detail and under oath, the factual basis of the charge. After receiving such a complaint, the Construction Code Official shall conduct an investigation of the charges to determine whether there is probable cause that a violation has occurred, such investigation to be completed within 30 days after the filing of the complaint. If the Construction Code Official, after his investigation, finds that there is probable cause that a violation has occurred, he shall file the complaint and a written report of his findings with the Town Clerk; if the Construction Code Official finds that there is an absence of probable cause, he shall notify the one who filed the complaint, and the licensee against whom the complaint was made, that he has so found.

C. Within five days after a complaint has been filed with the Town Clerk, the Town Clerk shall send a copy thereof to the licensee against whom charges have been made, certified mail, return receipt requested, at the address given in the licensee's license application, with a written instruction that the licensee file with the Town Clerk a written answer to the complaint within 10 days from the date of the licensee's receipt of the complaint.

D. At the next regular meeting of the Town Council after an answer has been filed, the Council shall fix a time and place for the hearing of the matter, the licensee and the complainant to be given at least five days' notice of the time and place set for hearing, and notice of the hearing shall be published once in a newspaper circulating in the Town of Secaucus.

E. The matter shall be heard by the Town Council of the Town of Secaucus. At the hearing both the complainant and the licensee shall be entitled to appear either personally or by counsel, to cross-examine witnesses, to produce witnesses and to introduce evidence.

F. If a licensee shall fail to answer within the time provided herein, or shall fail to appear at the time fixed for hearing, the Council may deem the charges to be admitted and suspend or revoke the licensee's license without hearing further evidence, or may in its discretion, take such other action in the matter as it deems proper. If a complainant, in cases of complaints not initiated by the Construction Code Official, shall fail to appear at the time fixed for hearing, the Council may deem the complaint abandoned, and may dismiss the complaint without hearing evidence, or may, in its discretion, take such action as it deems proper.

G. Whenever the Council shall determine that a licensee is in violation, or after default on the part of the licensee either in filing an answer or appearing at a hearing, the Council may order the licensee to correct such violation within such reasonable time as the Council may fix, and, upon compliance with such order, the Council may dismiss the complaint. Upon such determination or default, the Council may revoke the license or suspend the license for a period of six months or less.

H. After revocation of a license, no new license required by this chapter shall be issued to the licensee for a period of six months; when six months has elapsed after a revocation, the former licensee may apply for a new license, but such new license shall not be issued without the approval of the Town Council.

I. No action may be taken by the Town Council under this chapter in the absence of a quorum, and all actions must be taken by a majority of those members of the Council present and voting. If, after a hearing, the members of the Council present and voting are equally divided on the issue of whether a licensee has been guilty of a violation, then the determination shall be deemed to be not guilty. If a hearing has been conducted, then a member of the Council who was not present at the hearing shall not be entitled to vote on the question of whether or not a licensee has been guilty of a violation.

§ 57-12 Certification required prior to issuance of building permits.

[Amended 5-28-85 by Ord. No. 85-22]

No permit shall be issued by the Construction Code Official under the provisions of this chapter unless the work is to be performed by one licensed to perform such work, or by the owner of the premises at which the work is to be performed if he certifies either that he intends to perform the work himself or the name of the licensee who will perform the work.

§ 57-13 Violations and penalties.

Any person who shall violate the terms or provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment for a period not to exceed 90 days, or both, at the discretion of the Judge of the Municipal Court. Each day upon which such violation shall continue shall constitute a separate offense.