The purpose and intent of this article is to
insure that any person who is required to be registered by state law
in order to perform building contracting for a new home within the
City has the required registration and performs the building contracting
in accordance with applicable codes and regulations.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
Any individual, corporation, partnership, or other business
organizations engaged in the construction of new homes.
Any dwelling unit not previously occupied, excluding dwelling
units constructed solely for lease.
Any person for whom the new home is built or to whom the
home is sold for occupation by the owner or the owner's family as
a home and the owner's successors in title to the home or mortgagee
in possession. The owner does not mean any development company, association
or subsidiary company of the builder or any person or organization
to whom the home may be sold or otherwise conveyed by the builder
for subsequent resale, letting or other purpose.
A natural person, association, corporation, LLC, partnership
or other legal entity.
No builder shall engage in the business of constructing
new homes within the City unless he is registered with the state pursuant
to the New Home Warranty and Builders' Registration Act, N.J.S.A.
46:3B-1 et seq.
A.
No state registration issued shall be assigned or
transferred to another person by the builder holding the certificate
of registration.
B.
No builder holding a certificate of registration from
the state shall build new homes within the City unless all permits
required for the construction have been obtained in accordance with
the requirements of the State Uniform Construction Code.
C.
Any builder or person preventing the Construction
Official or subcode officials from entering the premises or structure
at reasonable times to conduct inspections of the construction work
being performed is in violation of this article.
A.
Pursuant to N.J.S.A. 46:3B-12, any builder who fails
to register as required by state law shall be subject to a penalty
not to exceed $2,000 for each offense to be enforced and collected
by the Commissioner of the Department of Community Affairs in the
name of the state in a summary proceeding in accordance with the Penalty
Enforcement Law, N.J.S.A. 2A:58-1 et seq.
B.
The Construction Official shall report all alleged
violations of the state regulations to the appropriate state authority
for disposition in accordance with state law.
