[HISTORY: Adopted by the Township Committee of the Township of Waterford 6-11-1975
as Ord. No. 75-9 (Ch. 60 of the 1974 Code); amended in its
entirety 12-14-1994 by Ord. No. 94-16.
Subsequent amendments noted where applicable.]
A.
Every person, firm or corporation engaged in the business,
erecting, altering, repairing, restoring, re-roofing, residing, moving or
demolishing the whole or any part of the buildings or structures, or engaged
in the construction and installation of swimming pools, or engaged in the
business of erecting or altering signs, for any of which a construction permit
is required by the applicable ordinances of the Township of Waterford, New
Jersey Statutes and the Uniform Construction Code shall be required to register
the name of such person or firm or corporation with the Construction Office.
B.
The resident property owner of a building or structure
applying for a construction permit required herein shall not be required to
register, provided that he does his own work without use of any contractor
and executes a sworn statement to this effect on forms supplied by the Construction
Office.
A.
Applicants for the registration of General Contractors
shall be submitted to the Construction Office on forms supplied by the office
and shall include, in addition to any other pertinent information the office
may deem necessary:
(1)
A statement giving the name or corporate or firm name
of the contractor.
(2)
In the case of a firm, corporation or partnership, the
name and address of the principal office of said firm, corporation, the names
and addresses of all officers, directors, managerial employees and stockholders
owning, of record or beneficially, 5% or more of the outstanding stock of
any class of said corporation.
(3)
In the case of a partnership, the names and addresses
of all partners, whether general, special or limited.
(4)
Certification of liability insurance: One million dollars
for a general contractor and not less than $500,000 for a subcontractor.
[Amended 5-22-1996 by Ord. No. 96-13]
(5)
Federal identification number and/or social security
number.
B.
Additional information.
(1)
This application shall also contain the number of years
such person, firm or corporation has been in the contracting business at the
current location or any prior locations, including the address of any prior
location, if any.
(2)
The application shall indicate, for both the current and prior periods of time or locations at which a contracting business has been conducted, all other former trade names, if any, by which any such contracting business was conducted, or in which any of the persons listed in answer to Subsection A(2) above for each such prior business.
(3)
The applicant shall state in which class he desires to be registered, choosing one or more of the classes designated in § 106-5 of this chapter.
(4)
The applicant shall state the date of expiration of the
license.
C.
The application shall be approved or disapproved within
10 days after filing or at the next regularly scheduled Township Committee
meeting in the case of a general contractor's license according to the
following criteria:
A.
No person, firm or corporation shall be registered under this chapter, or be re-registered after revocation of registration under § 106-7 of this chapter unless and until there has been a determination by the Construction Official that the applicant is capable of compliance with the requirements hereof and has demonstrated sufficient capability and proficiency in its past business history to justify a reasonable belief that such compliance will occur, and unless and until there is paid to the Construction Official, to the order of the Township of Waterford, a fee in compliance with the Fee Schedule.[1]
C.
Any contractor who holds a valid contractor's license
in the Township of Waterford prior to adoption of this chapter shall apply
for a new contractor's license pursuant to this chapter by March 1, 1995.
The appropriate fee to be charged shall be reduced by the fee originally charged
the applicant for a contractor's license.
D.
Any person, firm or corporation whose registration has
been revoked shall be presumed not capable or proficient in his trade and
shall not be permitted to re-register under this chapter.
All work shall be done in accordance with the Construction Codes adopted by the Township of Waterford and other Codes and Ordinances thereof applicable to the construction activities described in § 106-1A hereof, and must be done in a good and workmanlike manner in accordance with applicable plans and specifications approved by the Construction Office.
[Amended 3-13-1996 by Ord. No. 96-6]
For the purposes of this chapter, there shall be the following classes
of registration:
A.
General contractor -- 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
contractor shall be equipped to handle such work either by and through his
own organization or appropriate subcontractors' work as if performed
or to be performed directly by the general contractor.
B.
Subcontractor -- 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 by and through his own work or his own
organization of employees.
C.
Roofing and siding contractor -- A contractor who is
engaged in the business of or who is proficient in applying roofing and siding
materials to existing or new buildings or structures.
D.
Demolition contractor -- A Contractor who is engaged
in the business of and who is proficient in the demolishing of any building
or structure in the whole or in part.
E.
Moving contractor -- A contractor who is engaged in the
business of or who is proficient in the moving of any building or structure.
F.
Swimming pool contractor -- A contractor who is engaged
in the business of or who is proficient in the installation of swimming pools,
their equipment and appurtenances.
G.
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.
H.
Miscellaneous contractor -- A contractor who is proficient
in work of a special character as determined by the Construction Official.
No building permit shall be issued by the Construction Office of the
Township of Waterford for the erection, construction, reconstruction, structural
alteration or removal of any building or structure to anyone except a duly
licensed contractor or his duly authorized agent, under the provisions of
this chapter.
The Construction Office of the Township of Waterford shall revoke the
registration of any contractor licensed hereunder who shall be guilty of any
one or more of the following acts or omissions:
A.
Fraud or misrepresentation or concealment of a material
fact in the information given upon initial registration or upon re-registration
after revocation.
B.
Violation of the building, plumbing, electrical, fire
prevention, health codes or any other code adopted by the Township of Waterford
or of any other ordinance or statute that governs the activities or nature
of work performed by the contractor.
C.
Material and substantial breach of contract with the
owner or purchaser.
D.
Filing of a voluntary or involuntary petition in bankruptcy
or insolvency proceeding.
A.
The Construction Official on this own initiative and
on the forms to be prescribed by the official, or any person, firm or corporation
which has entered into an agreement for work, either verbal or written, with
any contractor registered hereunder, may file a complaint against any registered
contractor by the filing of same with the Construction Office. Such complaint
shall be in writing and signed on the complaint form provided by the Construction
Office by the person filing the same. The complaint shall contain a statement
of facts setting forth the specific facts relating to the violation of this
chapter or of the Township of Waterford, plumbing, electrical, fire prevention
or health codes, or any other township ordinance or statute pertaining to
building, construction or the registered contractor's activities.
B.
Upon a complaint being filed in the manner and form herein
prescribed, the Construction Official shall forthwith issue a notice, in writing,
directing the contractor in question to file a written answer within 10 days
after the service of notice, answering the charges or showing cause, if any,
why his registration should not be revoked. A copy of the complaint shall
be served with said notice.
C.
Failure of the contractor in question to file a written
answer within said 10 days may be deemed an admission by him of the commission
of the act or violations cited in the complaint, and his license thereupon
may be revoked forthwith by the Construction Official without further evidence.
D.
In the event that the contractor in question shall file
a written answer within the time period prescribed in the notice, a hearing
shall be scheduled, notice of which shall be served no less than 10 days prior
to the date fixed for the hearing. Said hearing shall be held by and before
the Construction Official of the Township of Waterford, who shall thereafter
make all decisions as to fact and law concerning revocation of the registration.
At the hearing, the Construction Official and licensee shall appear personally,
and the licensee shall have the right to appear personally or be represented
by counsel and cross-examine witnesses and produce witnesses and evidence
in his behalf. Counsel is required if the licensee is a corporation. A certified
court reporter shall be present at the contractor's expense, and a complete
transcript shall be presented to the Township Committee at no cost if an appeal
is taken.
Any person, firm or corporation aggrieved by any action of the Construction
Official taken pursuant to this chapter shall have the right of appeal to
the Township Committee of the Township of Waterford. Such appeal shall be
taken by filing with the Township Clerk, within 10 days after notice of revocation
or other action complained of, a written statement setting forth fully the
grounds for appeal. The Township Committee shall thereafter set a time and
place for hearing the appeal upon at least 10 days prior written notice to
the appellant. The decision and order of the Township Committee on such appeal
shall be final and conclusive and shall be based on the evidence presented
at the hearing before the Construction Official, with no further evidence
to be permitted.
Whenever notice is required or permitted to be given by any section
of this chapter, such notice may be effected by personal service upon the
licensee if an individual, or any general partner if a partnership, or upon
any corporate officer if a corporation, or, alternatively, to any of the foregoing,
by certified mail, return receipt requested, to the last address listed in
the Construction Official's office in conjunction with the registration
information. It shall be the duty of each registered contractor to keep the
township advised of any subsequent change of address. Upon failure of a contractor
to comply with this requirement, any notice returned with the notation "unknown,"
"moved" or "not claimed" shall be deemed proper service of all notices required
by this chapter.
Any person, firm or corporation, or their respective agents, servants
or employees, who shall violate any of the provisions of this chapter shall
upon conviction thereof in the Municipal Court of the Township of Waterford,
be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or any combination
thereof. Every day that such person, firm or corporation or their respective
agents, servants or employees shall fail to comply with the provisions of
this chapter shall constitute a separate and additional offense against the
provisions thereof.
Any person, firm or corporation whose registration has been revoked under the provisions of § 106-7 of this chapter may apply to register and have his or her or its name re-entered upon the registration list upon filing the following:
A.
Certification by the Construction Official to the effect
that all violations with reference to which the revocation was secured have
been corrected.
B.
Proof that all loss caused by the act or omissions for
which the registration was revoked has been fully satisfied and that all conditions
imposed by the decision of the revocation have been complied with.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held to be unconstitutional or invalid such decision shall
not affect the remaining provisions of this chapter.
This chapter shall take effect upon final adoption after publication
according to law.
