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:
CONTRACTOR
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.
OWNER
A person who owns or resides in a private residence, and
includes any agent thereof.
PERSON
An individual, firm, company, partnership or corporation.
PRIVATE RESIDENCE
A single-family dwelling or a multifamily dwelling consisting
of not more than four units.
SALESMAN
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.
[Amended 4-18-2018 by Ord. No. 18-07-1519]
A. Residential: No person, partnership, corporation or other entity
shall engage in the business of construction, erecting, altering,
repairing, restoring, reroofing, residing, moving or demolishing the
whole or any part of building or structures of residential dwellings
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 State
of New Jersey.
B. Commercial: No person, partnership, corporation or other entity shall
engage in the business of construction, erecting, altering, repairing,
restoring, reroofing, residing, moving or demolishing the whole or
any part of nonresidential buildings 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.
C. 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.
D. 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.
For the purpose of this chapter, there shall
be the following classes for registration:
A. 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.
B. 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.
C. 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.
D. Moving contractor: a contractor who is engaged in
the business of or who is proficient in the moving of any building
or structure.
E. 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.
F. 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.
G. 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.
H. Miscellaneous contractor: a contractor who is proficient
in work of a special character, as determined by the presiding official
of the Construction Department.
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:
A. Fraud or misrepresentation in obtaining the license.
B. A violation of the Borough Building Code, any applicable Borough ordinance, including the subject
ordinance, or any state law pertaining to building construction.
C. The filing of a petition in bankruptcy.
Any person whose certificate has been revoked under the provisions of §
105-8 above may be recertified by the presiding official of the Construction Department if the grounds upon which such certificate was revoked are removed or corrected and upon payment of the fee prescribed in §
105-7.
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.