[HISTORY: Adopted by the North Wildwood City Council as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-17-2009 by Ord. No. 1578[1]]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 200 of the 1981 Code, Construction Codes, Uniform, adopted 11-7-1984
by Ord. No. 874.
A.
There hereby is established in the City of North Wildwood an "enforcing
agency," as that term is defined in the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., to be known as the "North Wildwood
Construction Office," consisting of a Construction Official, a Building
Subcode Official, a Fire Protection Subcode Official, a Plumbing Subcode
Official, an Electrical Subcode Official and such other subcode officials
for such additional subcodes as the Commissioner of the New Jersey
Department of Community Affairs hereafter shall adopt as part of the
State Uniform Construction Code Act. The Construction Official shall
be the chief administrator of the North Wildwood Construction Office.
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such a position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and by N.J.A.C. 5:23-1.1 et seq.; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23-4.14. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and by N.J.A.C. 5:23-1.1 et seq., to hold each position.
C.
Except in case of emergency and unforeseen or unavoidable circumstances,
the public shall have the right to do business with the North Wildwood
Construction Office at its office located within North Wildwood City
Hall, which has an address of 901 Atlantic Avenue, North Wildwood,
New Jersey 08260.
Appeals from decisions of the North Wildwood Construction Office
shall be heard by and under the rules and regulations of the Cape
May County Construction Board of Appeals.
A.
All fees to be charged by the North Wildwood Construction Office
shall be in accordance with the State Uniform Construction Code Act
as delineated in N.J.A.C. 5:23-4.20, a copy of which is attached hereto
and a part hereof, together with any and all other fees that are established
by the New Jersey Administrative Code and are incorporated by reference
into N.J.A.C. 5:23-4.20.[1]
[1]
Editor's Note: A copy of the fees in N.J.A.C. 5:23-4.20, attached
to Ord. No. 1578, is on file in the City offices.
B.
Any change in fee structure or charges in the Uniform Construction
Code, N.J.A.C. 5:23-4.20, shall be deemed to be incorporated herein
without the need of resolution, amending ordinance or other authorization,
by the City of North Wildwood.
C.
The administrative surcharge for private, on-site inspections and
plan review agencies pursuant to N.J.A.C. 5:23-4.18(j) shall be 50%
of the appropriate State of New Jersey subcode fee schedule. This
surcharge shall apply only to subcode areas for which the municipality
has a contract with the on-site agency.
[Amended 12-18-2012 by Ord. No. 1616[2]]
[2]
Editor's Note: This ordinance provided that it would be effective
as of January 1, 2013.
D.
The Construction
Official, at his sole discretion, may waive construction permit surcharge
fees and/or enforcing agency fees in connection with any construction,
reconstruction, alteration or improvement performed by or on behalf
of any charitable or nonprofit entity, or for the purpose of providing
or enhancing accessibility for any disabled person.
[Added 4-16-2024 by Ord.
No. 1931]
E.
The minimum
construction permit fee shall be $75.
[Added 4-16-2024 by Ord.
No. 1931]
On or before February 10 of each year, the Construction Official,
with the advice of the subcode officials and in consultation with
the Municipal Finance Officer, shall prepare and submit to the governing
body a report detailing the receipts and expenditures of the North
Wildwood Construction Office and indicating his/her recommendations
for a fee schedule, based on the operating expense of the North Wildwood
Construction Office. Such report shall be prepared in accordance with
and comply with the standards therefor that are established by and
set forth at N.J.A.C. 5:23-4.17(b).
[Adopted 4-16-2024 by Ord. No. 1931]
As used in this article, the following terms shall have the
meanings indicated:
A person engaged in the business of making real estate improvements
to any property that is not residential or noncommercial property
and includes a corporation, partnership, association and any other
form of business organization or entity, and its officers, representatives,
agents and employees.
Multi-unit structure other than single- or two-family used
in whole or in part as a place of residence, and all structures appurtenant
thereto, and any portion of the lot or site on which the structure
is situated which is devoted to the residential use of the structure.
The remodeling, altering, renovating, repairing, restoring,
modernizing, moving, demolishing, or otherwise improving or modifying
of the whole or any part of any residential or noncommercial property.
Real estate improvement shall also include insulation installation,
and the conversion of existing commercial structures into residential
or noncommercial property.
An oral or written agreement for the performance of a real
estate improvement between a contractor and an owner, tenant or lessee,
of a residential or noncommercial property, and includes all agreements
under which the contractor is to perform labor or render services
for real estate improvements or furnish materials in connection therewith.
A person engaged in the business of making or selling real
estate improvements and includes a corporation, partnership, association
and any other form of business organization or entity, and its officers,
representatives, agents and employees.
A.
All persons desiring to become registered commercial contractors
in the City of North Wildwood shall make application to the Construction
Official, on forms provided by the Construction Official and return
it with the license registration fee to the Construction Official.
It shall be sufficient for any one member of a firm or corporation
to make application, take the examination, be certified and be licensed.
Only one registration fee and one annual renewal fee shall be required
of any firm or corporation.
A.
Every person who qualifies as determined by the Construction Official
shall be licensed by the Construction Official to engage in and carry
on any business in the City of North Wildwood.
B.
No person shall engage in any work as a residential contractor until
he or she has registered with the New Jersey Department of Community
Affairs, if such registration is mandated under the New Jersey Contractors'
Business Registration Act (N.J.S.A. 56:8-136), or has been exempt
from said registration by any one of the exceptions found in N.J.S.A.
56:8-140.
C.
No person shall engage in any work as a commercial contractor until
he or she has secured a license from the City of North Wildwood under
the requirements of this article.
D.
No person who is exempt from registration under the New Jersey Contractors'
Business Registration Act (N.J.S.A. 56:8-136) shall engage in any
work as a residential contractor unless such person has secured a
license from the City of North Wildwood under the requirements of
this article.
E.
The Construction Official is authorized to issue licenses upon the
delivery to him of the certification and payment of the license registration
fee. The license shall entitle the holder to be designated as a registered
contractor, and shall only apply to the person or firm to whom issued.
A.
Licenses shall run from January 1 to December 31 of each calendar
year. Neither the license registration fee nor the annual renewal
fee shall be prorated. For contractors, the license registration fee
shall be $250 and the annual renewal fee shall be $150. If a license
is not renewed during the first three months of the year, prior to
March 31, it shall be treated as a new license; however, it shall
not be considered a grace period for obtaining such license, and any
contractor who performs work as a commercial contractor without such
license shall be in violation of this article.
B.
For the purpose of this article, contractors shall include but not
be limited to the following contractors:
(1)
Air conditioning and refrigeration.
(2)
Awning installation.
(3)
Brick and block masons, concrete and cement.
(4)
Building.
(5)
Carpeting installation.
(6)
Carpentry.
(7)
Contractors not otherwise classified, i.e., jobbers.
(8)
Excavating, filling or cleaning of land.
(9)
Floor and wall finishing.
(10)
General.
(11)
House moving.
(12)
Iron and steel.
(13)
Landscape gardening and nursery.
(14)
Locksmiths.
(15)
Metal storm door and window installation.
(16)
Painting.
(17)
Pile driving.
(18)
Plastering.
(19)
Plate glass and glazing.
(20)
Roofing.
(21)
Sign design and erecting.
(22)
TV, radio and cellular antennas.
(23)
Tile setting.
(24)
Erection of a permanent or temporary tent.
A.
If any person licensed in accordance with the provisions of this
article shall violate any statute, ordinance or regulation in the
execution of any work for which a permit is required by the applicant
in the City of North Wildwood, the Construction Official and/or the
building subcode official shall revoke the license of such licensee
immediately. The Construction Official and/or building subcode official
shall not restore such license during such time as the violation exists
or remains.
B.
Any contractor whose license has been revoked under the provisions
of this article may be relicensed by the Construction Official, provided
that the grounds upon which such license was revoked are removed or
corrected, or upon payment of the prescribed fee. Notwithstanding
anything contained herein to the contrary, any person or entity whose
license has been revoked two times shall be prohibited from being
relicensed by the City of North Wildwood. This provision shall also
apply to the individuals designated as being responsible for the conduct
of the nonproprietorship licensee.
C.
Any contractor whose license has been revoked shall have the right
to a hearing before the City Council by giving notice in writing to
the Construction Official within 10 days after receipt of the notice
of revocation.
No license shall be issued unless and until the applicant shall
submit satisfactory evidence in writing that he is covered by liability
insurance with a combined single limit of $500,000 per occurrence.
The City of North Wildwood shall be named as "additional insured"
on the applicant's liability policy.
