[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 4-18-1989 by Ord. No. 89-3-1006. Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the Borough of Cresskill without first having registered as provided herein.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly denotes otherwise:
- Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement.
- HOME IMPROVEMENT
- Includes but is not limited to the repair, replacement, remodeling, alteration, conversion, modernization, improvement, rehabilitation of or addition to any land or building or that portion thereof which is used or designed to be used as a private residence or dwelling place or the construction, replacement, installation or improvement of driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, flooring, patios, landscaping, fences, doors and windows and waterproofing in connection with such land or building or that portion thereof which is used or designed to be used as a private residence or dwelling place, in which the total cash price for all work agreed upon between the contractor and owner exceeds $2,500. "Home improvement" does not include:
- A. The construction of a new home.
- B. The sale of goods by a seller who neither arranges to perform nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.
- C. The sale of goods or service furnished for commercial or business use or for resale.
- D. The sale of appliances, such as stoves, refrigerators, freezers, room air conditioners and others, which are designed for and are easily removable from the premises without material alteration thereof.
- E. Any work performed by the owner of his own premises.
- HOME IMPROVEMENT CONTRACT
- An agreement between a contractor and an owner for the performance of a home improvement.
- A person who owns or resides in a private residence, and includes any agent thereof.
- An individual, firm, company, partnership or corporation.
- PRIVATE RESIDENCE
- A single-family dwelling or a multifamily dwelling consisting of not more than four units.
- Any individual who negotiates or offers to negotiate a home improvement contract with an owner or solicits or otherwise endeavors to procure, by any means whatsoever, directly or indirectly, a home improvement contract from an owner on behalf of a contractor where such negotiation, offer, solicitation or endeavor takes place outside of a place of business.
No person, partnership, corporation or other entity shall engage in the business of constructing, erecting, altering, repairing, restoring, reroofing, residing, moving or demolishing the whole or any part of buildings or structures or engage in the construction and installation of swimming pools or tennis courts or engage in the business of erecting or altering signs, fences or landscaping, for any of which a permit is required, until such person shall obtain a certificate of registration from the presiding official of the Construction Department of the Borough of Cresskill.
The owner or occupant of a building or structure who performs any of the activities set forth in Subsection A above on such building or structure shall not be required to be registered in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.
No applicant shall be approved who, at the time of the application, is entered on a list compiled and maintained by any relevant authority, including but not limited to the federal, state or county authorities, the purpose of which list is to advise all concerned that a transaction with any listee has not complied with the requirements of that agency.
This chapter shall be administered by the presiding official of the Construction Department of the Borough of Cresskill.
In addition to any other powers granted under this chapter, the Mayor and Council Building Committee may adopt such rules and regulations as are deemed necessary and expedient for the purposes of administering this chapter, including the consideration of license applications for a certificate of registration and recommendations to the Mayor and Council for the suspension and/or revocation of said certificates.
For the purpose of this chapter, there shall be the following classes for registration:
General contractor or builder: a contractor who is proficient in the construction of a building or structure from start to finish and the alteration, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work either by and through his organization or appropriate subcontractors and, in the latter event, shall be completely responsible for his subcontractors' work.
Roofing and siding contractor: a contractor who is engaged in the business of or who is proficient in the applying of roofing and siding materials to existing or new buildings or structures.
Demolition contractor: a contractor who is engaged in the business of or who is proficient in the demolishing of any building or structure, in whole or in part.
Moving contractor: a contractor who is engaged in the business of or who is proficient in the moving of any building or structure.
Swimming pool contractor: a contractor who is engaged in the business of or who is proficient in the installation or repair of swimming pools, their equipment and appurtenances.
Sign or billboard contractor: a contractor who is engaged in the business of or who is proficient in the erection, alteration or maintenance of signs or billboards.
Landscape contractor: a contractor who is engaged in the business of or who is proficient in the installation or planting of landscaping or the spraying of trees and shrubbery.
Miscellaneous contractor: a contractor who is proficient in work of a special character, as determined by the presiding official of the Construction Department.
Applications for licensing, as required by § 105-3 above, shall be made to the presiding official of the Construction Department on a form furnished by the Building Department.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or any other entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicants residence address.
If the applicant is a partnership, the full names and residence addresses of each partner.
If the applicant is a corporation or other entity:
In the case of a corporation, the full names and residence addresses of each officer and each stockholder, the name and address of the registered agent and the address of the principal office. (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.)
In the case of another entity, the full names and residence addresses of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity and the name and address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the date of the conviction, the crime or charge involved and the disposition thereof [the term "officers," as used herein, means and includes the president, vice president(s), secretary and treasurer of a corporate applicant]; or whether any of the aforementioned persons has violated any state, county or municipal ordinance or regulations on construction, repair or demolition, as defined herein.
The number of years the applicant has been in business at its present business address or at any prior location, including the addresses of such prior location, if any, within the last 10 years.
The applicants training and experience in the class or classes in which he desires to be licensed.
The class in which the applicant desires to be registered, selecting one or more of the classes designated in § 105-5.
A certificate of insurance of current workers' compensation and liability coverage, naming said applicant in at least the sum of $1,000,000.
An explanation of the manner in which the applicant will dispose of rubbish and debris.
Upon receipt of such application, the presiding official of the Construction Department and the Building Committee shall review the same with reference to the truth of the matters contained in the application and for the purpose of obtaining a copy of any police record which the applicant, or any partner, officer or stockholder thereof, may have. Such review is to be completed within 30 days of the receipt of the complete application by the Construction Code Official; otherwise, said application shall be deemed to have been approved.
The presiding official of the Construction Department and Building Committee shall determine if the business responsibility of the applicant, or any partner, officer or stockholder thereof, is satisfactory on the basis of the information supplied and if the training and experience are sufficient to protect the citizens of the Borough of Cresskill from commercially unreasonable and unsafe work, and if the presiding official of the Construction Department and Building Committee so determine, they shall cause a certificate of registration to be issued to the applicant, unless the application or the report of the Police Department or other evidence presented to the presiding official of the Construction Department shall tangibly disclose any of the following:
A conviction for a crime.
Prior violations of the statutes, ordinances or regulations relevant to the construction, erection, alterations, repair, restoration, reroofing, residing, moving or demolition of any building, structure, land, swimming pool, sign, billboard or part thereof.
A determination of previous fraudulent acts or conduct.
A record of breaches of contracts.
Failure to demonstrate training or experience in the class in which the applicant seeks to be registered.
Upon filing an application for permit for a commercial building, the applicant shall pay to the Construction Department a fee of $75 for a certificate of registration for licensing or relicensing (the reissuance of such a certificate after the revocation, in accordance with provisions of § 105-8 below).
[Amended 10-2-2002 by Ord. No. 02-12-1254 ; 5-21-2008 by Ord. No. 08-11-1353]
The term of such license shall expire on the last day of the 12th month after such license is issued.
Such certificate shall be automatically renewed by the presiding official of the Construction Department upon payment by the applicant to the presiding official of the Construction Department of an annual renewal fee of $25 and the presentation of proof of insurance coverage, as required in § 105-6B(10). Such renewal payment shall be made before the end of the term of the prior license. Upon failure to renew any certificate on or before one month after the end of the term of the prior license, any subsequent registration certificate shall be and constitute a new or original license, subject to the filing of a new application in accordance with the provisions of § 105-5 and to the payment of the fee specified in Subsection A above.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
The presiding official of the Construction Department shall have the power, in addition to all other powers provided in this chapter, pursuant to § 105-9 below, to revoke the certificate or registration of any contractor licensed hereunder who shall be guilty of any one of the following acts or omissions:
Fraud or misrepresentation in obtaining the license.
The filing of a petition in bankruptcy.
The presiding official of the Construction Department or any contractee or contractor may prefer charges against any registrant under the terms of this chapter by the filing of a complaint. Such complaint must be in writing, sworn to by the person making such charges and submitted to and filed with the presiding official of the Construction Department. Upon filing of the complaint in the manner and form prescribed, it shall be the duty of the presiding official of the Construction Department, at the earliest possible date and not later than 30 days thereafter, to investigate the charges and to determine whether there exists probable cause that a violation has occurred.
The complaint shall contain a statement of facts setting forth the specific charges upon which the request for revocation is based.
If the presiding official of the Construction Department finds probable cause that a violation has been committed, the presiding official of the Construction Department shall forthwith issue a notice of complaint directing the registrant, within 20 calendar days after service of the notice of compliant by certified mail, return receipt requested, addressed to the registered agent for service, to file an answer to the charges set forth in said notice of complaint, showing cause, if any, why his certificate should not be suspended or revoked.
Upon receipt of the registrant's answer to the notice of complaint, the presiding official of the Construction Department shall set the cause for hearing and shall give the registrant at least five days' notice of said hearing. The notice of hearing shall be by certified mail, return receipt requested, addressed to the registered agent for service. At the hearing, the registrant shall have the right to appear personally or by counsel, cross-examine witnesses against him and produce witnesses and evidence in his behalf.
Failure of the registrant to file an answer with the presiding official of the Construction Department may be deemed an admission by him of a commission of the act or acts cited in the complaint, and the presiding official of the Construction Department shall have the power, in the event of such failure to answer, to suspend or revoke the certificate without further evidence other than the charges set forth in the complaint and notice of complaint.
Whenever the presiding official of the Construction Department, after hearing, shall determine that a registrant is in violation, the official may then issue an order to such registrant to correct such violation, fixing a reasonable time within which such correction shall be made or accomplished, and upon compliance with said order, the official may dismiss said complaint.
Any person aggrieved by the action of the presiding official of the Construction Department shall have the right of appeal to the Construction Board of Appeals of the Borough of Cresskill.
Such appeal shall be taken by filing with the Borough Clerk, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the appellant by certified mail, return receipt requested, addressed to the registered agent for service, at least five days prior to the date set for the hearing. The decision and order of the Board on such appeal shall be final and conclusive.
No permit shall be issued by the presiding official of the Construction Department for the erection, construction, reconstruction, structural alteration or removal of any building, structure or land to anyone except a duly registered contractor or his duly authorized agent under the provisions of this chapter.
Permits shall be granted to the actual owner of the premises and/or the individual who undertakes alone to do the work of a contract or his duly authorized agent for which work construction is to be done; however, the owner or his duly authorized agent shall sign a statement that said work or construction for which the permit is sought will be done by himself or one who undertakes alone to do the work of a contract.
Any person who shall violate the terms or revisions 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 Municipal Judge. Each day upon which such violation shall continue shall constitute a separate offense.