[HISTORY: Adopted by the Township Council of the Township of Galloway 12-11-1990 by Ord. No. 1030. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, corporation or other business entity to engage in the business or act in the capacity of a contractor or builder within the Township of Galloway without first having obtained a license therefor as provided herein.
Scope and meaning of certain words and terms. Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word "shall" is mandatory, and the word "may" is permissive.
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
- Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
- Any person who is in any capacity other than as the employee of another with wages as the sole compensation, undertakes or offers to undertake or purports to have the capacity to undertake or accepts an order or contract whether on a fixed sum cost plus or percentage or fixed fee, or any combination thereof or submits a bid to construct, alter, repair, add to, subtract from, demolish, re-roof, re-side or in any way improve any building, structure, property, project or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
- Any individual, firm, association, partnership or corporation.
The owner or occupant of a building or structure who performs any of the activities set forth in § 157-2B 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.
This chapter shall not apply to any person offering any service provided for herein who shall be otherwise licensed by the State of New Jersey pursuant to the terms of laws and regulations promulgated pursuant to state statute by state agencies having control over such services.
Application for registration and license as required by § 157-1 above shall be made to the Construction Official under oath on a form furnished by him.
The application shall set forth the following information:
The applicant's name, business name, business address (P.O. box not sufficient) and telephone number.
Whether the applicant is an individual, partnership, corporation or any other entity and, if other entity a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address, the date and place of birth and social security number.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each member and their respective social security numbers.
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth and social security numbers of each major officer and each stockholder, the name and address of the registered agent and the name and address of the principal office (the term "stockholder" as used herein means and includes any person owning or having an interest, either legal or equitable, in 10% of the stock issued and outstanding of the applicant corporation); in the case of another entity, the full names, residence addresses, dates and places of birth and social security numbers of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof (the term "officers" as used herein means and includes the president, vice president, secretary, assistant secretary, treasurer and assistant treasurer of the corporate applicant).
The number of years the applicant has been in business at its present business address or at any prior location, including the addresses of such prior location, and all corporate names under which applicant has operated and all corporate offices and major interest holders.
The name and address of the insurance company providing applicant with public liability insurance, policy number, expiration date and the amount of coverage.
The name and address of applicant's workers' compensation insurance carrier, policy number and expiration date of said policy.
The identity of any other municipality in which the applicant is licensed, and the name, address and phone number of two individuals for whom applicant has performed comparable work.
[Amended 11-12-1996 by Ord. No. 1269]
The identity of any municipality which requires licensing in which the applicant's license has been revoked for any reason. If there has been a revocation of said license, indicate the municipality and the reason for revocation.
Upon receipt of such application, the Construction Official shall determine if the character and business responsibility of the applicant, and/or any partner, officer, or stockholder thereof, is satisfactory, and, if the Construction Official so determines, he shall cause the applicant to be registered and licensed. The Construction Official shall determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof is satisfactory unless the application or other evidence presented to the Construction Official shall tangibly disclose any of the following:
[Amended 11-12-1996 by Ord. No. 1269]
Conviction of a crime involving moral turpitude;
Prior violations of statutes, ordinances or regulations relevant to the construction, erection, alteration, repair, restoration, re-roofing, re-siding, removing or demolition of any building, structure, swimming pool, sign, billboard or part thereof, or any property improvement which have not been timely corrected.
A determination of previous fraudulent acts or conduct;
A history of adjudicated breaches of contracts;
If said application for registration and license is denied, the applicant shall be advised in writing of the reasons for denial. The applicant may appeal to the Municipal Council within 20 days of the Construction Official's determination. A copy of the notice of appeal shall be served upon the Township Clerk, Township Manager and the Construction Official. The Board shall entertain the appeal within 30 days of the receipt of the notice of appeal unless any other date is required because of the inability of the Council to meet within said period or because of the mutual consent of the parties. If the Council cannot meet within said thirty-day period, the appeal shall be heard not later than the next regularly scheduled meeting after said thirty-day period. At said appeal, the applicant may be represented by counsel but, in any event, will be required to give testimony under oath. The applicant or his representative may cross-examine any witness and may call witnesses on his behalf.
Upon filing such application, the applicant shall pay to the Construction Official a fee of $50 and a separate fee as determined by the State of New Jersey for a request for criminal history record information, and made payable to the State Bureau of Investigation for such registration and license or for registration after revocation of a registration previously issued to such applicant and in accordance with provisions of § 157-9 below. Each of these fees must be paid by separate check only.
[Amended 4-28-1992 by Ord. No. 1077; 7-26-1994 by Ord. No. 1177]
The term of such registration shall be for a term of one calendar year.
Registration fee as shown in Subsection A of this section shall not be prorated for a term of less than one year.
A license shall automatically be renewed by the Construction Official upon payment by the applicant to the Construction Official of an annual renewal fee of $25. Upon failure to renew any license within 14 days after expiration, any subsequent license shall be considered a new and original license.
All registered contractors shall notify the licensing officer of any change in the names, addresses, places of business and telephone numbers listed on the application.
A file of all registered contractors shall be kept in the office of the Construction Official which shall include the contractors' respective names, addresses, and telephone numbers.
The contractor shall notify the Construction Official of any change in the name, address and address of the insurance carrier and change in policy limits for the public liability and workers' compensation coverages and shall confirm the renewal, each year, of these coverages by submitting a certificate of insurance for each policy to the Construction Official to be kept on file.
If any person, firm or corporation registered under the provisions of this chapter shall fail in the execution of this chapter to comply with any work for which a permit is required, including this chapter, other applicable ordinances and regulations of the Township of Galloway relevant to the construction, erection, alteration, repair, restoration, re-siding, re-roofing, moving or demolition of any building, structure, swimming pool, sign or billboard or part thereof, or any property improvement, the Construction Official shall cause a notice of violation to be served upon such person or the principal member or officer of any such firm or corporation in accordance with the established procedures as set forth in the Uniform Construction Code of the State of New Jersey. Upon conviction for such violation or upon failure to correct such violation within the period of time stated in the notice of violation, the registration and license of such person, firm or corporation shall be revoked by the Construction Official who shall strike the name of such person, firm or corporation from the registration list and shall not reenter or reinstate such registration or license during such time as said violation exists or remains.
Any person or persons, whether agents, servants and/or employees, who shall violate any of the provisions of this chapter and any person, firm or corporation violating or assisting in violation thereof shall, upon conviction thereof in the Municipal Court of the Township of Galloway, be considered to be guilty of a disorderly persons offense and shall be subject to the punishment authorized by the laws of the State of New Jersey for such offenses.
Each day that such person or persons, whether agents or employees, shall fail to comply with the provisions of this chapter shall constitute a separate or additional offense against the provisions hereof.
Upon the anniversary of the issuance of a registration or license to a contractor, under the terms of this chapter, said registration and license shall undergo review by the Construction Official and, if the contractor has been the recipient of an excessive number of notices of violation and/or stop notices, said permit shall be revoked for a period of six months.
If a contracting business covered under this chapter is physically located within the Township of Galloway, all property taxes shall be paid in full prior to the issuance or renewal of any license required by this chapter. Any license issued under this chapter shall be revoked for the failure to keep current all real estate taxes on said property.
Appeals from any decision made by the Construction Official and the revocation or execution of other duties pursuant to the provisions of this chapter shall be made to the Municipal Council for the Township of Galloway. Any appeals from convictions in the Municipal Court of the Township of Galloway shall be made as provided for by the Laws of the State of New Jersey and the Rules Governing the Courts of the State of New Jersey.
Any person, firm or corporation whose registration has been revoked under the provisions of § 157-6 of this chapter may register and have his or her name reentered upon the registration list upon the filing with the Municipal Council, or its designated representative, a certification by the Construction Official to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent and upon payment of the fee described in § 157-5.