[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of West Windsor 12-27-1988
by Ord. No. 88-41 (Sec. 4-2 of the Revised General Ordinances). Amendments
noted where applicable.]
A.
Except for the following entities, every person and
entity engaged in the business of constructing, erecting, altering,
renovating, repairing, restoring, re-roofing, re-siding, moving or
demolishing the whole or any part of buildings or structures; or providing
carpentry, masonry, HVAC or other work typically provided by subcontractors
therefor; or engaged in the construction or installation of swimming
pools; or engaged in the business of erecting or altering signs, for
any of which a construction permit is required, shall be required
to register the name of such person or firm or corporation with the
Division of Code Enforcement:
[Amended 4-19-1999 by Ord. No. 99-07; 9-12-2023 by Ord. No. 2023-11
(1)
Builders
registered pursuant to the New Home Warranty and Builders' Registration
Act, N.J.S.A 46:3B-1 et seq.
(2)
New
Jersey Home Improvement Contractors registered in accordance with
the Contractors' Registration Act, N.J.S.A 56:8-136 et seq.
(3)
New
Jersey Electricians and Plumbers licensed in accordance with N.J.A.C.
13:31 et seq. and N.J.A.C 13:32 et seq., respectively.
(4)
Entities
performing work for a public agency where said work has been awarded
in accordance with the New Jersey Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq.
(5)
Entities
performing work for a public school where said work has been awarded
in accordance with the New Jersey Local Public School Contracts Law,
N.J.S.A. 18A:18A-1 et seq.
(6)
Entities
performing work for a county college where said work has been awarded
in accordance with the New Jersey County College Contracts Law, N.J.S.A.
18A:64A-25.1 et seq.
B.
The owner or occupant of a building or structure applying
for a construction permit required herein shall not be required to
register, provided that the owner or occupant does his or her own
work without use of any contractor or subcontractor and executes a
sworn statement to this effect on forms supplied by the Construction
Official.
[Amended 9-12-2023 by Ord. No. 2023-11]
C.
A construction contractor, corporation or partnership needs to register only once, so long as the work is performed solely by that entity. Work performed for the contractor, corporation or partnership by a subcontractor requires registration of each subcontractor for each relevant class listed in § 66-5. Hereinafter in this chapter, all references to "contractor" shall also refer to "subcontractor."
A.
Applications for the registration of contractors shall
be submitted to the Construction Official on forms supplied by the
Construction Official and shall include, in addition to any other
pertinent information the Construction Official may reasonably 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 the firm or 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 the corporation.
(3)
In the case of a partnership, the names and addresses
of all partners, whether general, special or limited.
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 such prior location, if any.
(2)
The application shall indicate, for both the current and any 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 participated in any manner and shall likewise furnish all the information required in Subsection A(2) above for each such prior business.
(3)
The applicant shall state in which class the applicant desires to be registered, choosing one or more of the classes designated in § 66-5 of this chapter.
(4)
The applicant shall furnish proof, to the satisfaction of the Construction Official, of sufficient training or experience in the relevant class designated in § 66-5. Each such application shall include at least two signed personal references, indicating the training received or the location of the work performed by the applicant and stating that the applicant is, in their opinion, sufficiently qualified to be registered.
(5)
A certificate of insurance, in an amount not less
than $25,000 but in any event sufficient in the Construction Official's
opinion to provide coverage for all acts for which the applicant may
be held liable in the conduct of the applicant's business, must be
furnished with the application. Such policy shall remain in effect
at all times that such contractor is licensed, and failure to maintain
the required policy in effect at all times shall be grounds for suspension
or revocation of the license.
C.
The registration shall be approved or disapproved
within 10 days after filing.
A.
No person or entity shall be registered under this section or be reregistered after revocation of registration under § 66-7 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 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, a fee as established in Chapter 82, Fees.
B.
After registration and for so long as the registration is not revoked under § 66-7, no subsequent fee shall be required.
C.
Any person or entity whose registration has been revoked
three times shall be presumed not capable or proficient in this trade
and shall not be permitted to reregister under this section.
A.
All work performed by registered persons or entities
shall be done in accordance with the Uniform Construction Code[1] and other codes and ordinances applicable to the construction activities described in § 66-1A and shall be done in a good and workmanlike manner in accordance with applicable plans and specifications under accepted practice prevailing in the Mercer County area.
B.
After obtaining a building permit, the person or persons
doing the work shall notify the Construction Official within the twenty-four-hour
period prior to commencing any work.
C.
On each building permit, the contractor shall designate
a person to be in charge of the work who shall be responsible for:
D.
The responsible person in charge of work shall perform
the necessary services and be present on the construction site on
a regular and periodic basis to determine that, generally, the work
is proceeding in accordance with the documents approved for the construction
permit.
E.
At the completion of the construction, the responsible
person in charge of the work shall submit to the Construction Official
a report as to the satisfactory completion and the readiness of the
project for occupancy. Major deviations from the approved permit documents
shall be listed in the report; minor exceptions to the permit documents
not endangering occupancy need not be included.
An applicant may apply for registration in one
or more classes. For the purpose of this chapter, there shall be the
following classes for 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 of contractor shall be equipped to handle such work either
by and through the contractor's own organization or through appropriate
subcontractors and, in the latter event, must be completely responsible
for the subcontractor's work as if performed or to be performed directly
by the general contractor.
B.
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 of contractor shall be equipped to handle such work by and through
the contractor's own work or his or her own organization of employees.
C.
Subcontractor: a skilled tradesperson other than a
plumber or electrician who furnishes specific construction services.
D.
Carpenter: a contractor who is engaged in the business
of or who is proficient in building or repairing wooden structures
or fixtures.
E.
Mason: a contractor who is engaged in the business
of or who is proficient in working in stone, brick, block, concrete,
plastering or stucco.
F.
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.
G.
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.
H.
Moving contractor: a contractor who is engaged in
the business of and who is proficient in the moving of any building
or structure.
I.
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.
J.
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.
K.
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
Official of the township for the erection, construction, reconstruction,
alteration or removal of any building or structure or any subcontracting
work with respect to a building or structure to anyone except a duly
registered person or entity or duly authorized agent of such person
or entity, under the provisions of this chapter; provided, however,
that this provision shall not apply to plumbers and electricians or
those entities registered with the State of New Jersey pursuant to
the New Home Warranty and Builders' Registration Act.[1]
[1]
Editor's Note: See N.J.S.A. 46:3B-1 et seq.
The Construction Official of the township shall
revoke the registration of any person or entity registered 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 registration
after revocation.
B.
Violation of the building, plumbing and fire protection
codes of the township or of any other ordinance or statute which 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 a
bankruptcy or insolvency proceeding.
E.
Violation of any federal or state law or local ordinance
which is shown to be prejudicial to the public health, safety or welfare.
A.
The Construction Official, on said Construction Official's
own initiative and on forms to be prescribed by said Construction
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 the same with the Building Department. Such complaint
shall be in writing and signed 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
building, plumbing, 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
to the charges or showing cause, if any, why the 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 the 10 days may be deemed an admission by the contractor
of the commission of the act or violations cited in the complaint,
and the contractor's 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. The hearing
shall be held by and before the Construction Official of the township,
who shall thereafter make all decisions as to fact and law concerning
revocation of the registration. At the hearing, the contractor and
licensee shall each have the right to appear personally or by counsel
and cross-examine witnesses and produce witnesses and evidence in
the contractor's and licensee's 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 Mayor or designee at no cost if an appeal is taken.[1]
Any person aggrieved by any action of the Construction
Official taken pursuant to this chapter shall have the right of appeal
to the Mayor or designee. Such appeal shall be taken by filing with
the Business Administrator, within 10 days after notice of revocation
or other action complained of, a written statement setting forth fully
the grounds for appeal. The Mayor or designee 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 Mayor
or designee 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 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 section.
Any person whose registration has been revoked under the provisions of § 66-7 may apply to reregister and be 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.
