[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.
A.
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.
B.
BUILDING
CONTRACTOR
PERSON
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.
A.
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.
B.
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.
A.
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.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name, business address
(P.O. box not sufficient) and telephone number.
(2)
Whether the applicant is an individual, partnership,
corporation or any other entity and, if other entity a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence
address, the date and place of birth and social security number.
(4)
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.
(5)
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.
(6)
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).
(7)
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.
(8)
The name and address of the insurance company providing
applicant with public liability insurance, policy number, expiration date
and the amount of coverage.
(9)
The name and address of applicant's workers' compensation
insurance carrier, policy number and expiration date of said policy.
(10)
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]
(11)
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.
C.
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]
(1)
Conviction of a crime involving moral turpitude;
(2)
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.
(3)
A determination of previous fraudulent acts or conduct;
(4)
A history of adjudicated breaches of contracts;
D.
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.
A.
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]
B.
The term of such registration shall be for a term of
one calendar year.
C.
Registration fee as shown in Subsection A of this section shall not be prorated for a term of less than one year.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
