[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 6-17-2003 by Ord. No. 03-2306. Amendments noted where applicable.]
A. 
It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the Borough of Bergenfield without first having registered with the Building Department of the Borough of Bergenfield therefor, as provided herein.
B. 
No firm, association, corporation or sole proprietary shall engage in building contracting in the Borough of Bergenfield unless at least one officer, agent or member of said firm, association or corporation has been registered according to the provisions of this chapter. Such registration shall be valid and in effect only while the aforementioned so registered is still a member, officer or agent of such firm, association or corporation and his name appears prominently on all letterheads, invoices and stationery.
As used in this chapter, the following terns shall have the meanings indicated:
BUILDING
Any structure having a roof and intended for the housing, enclosure, shelter or protection of persons, animals, property, process equipment, goods and materials of any kind and nature.
CONTRACTOR
A person, firm partnership or corporation engaged in the business of furnishing materials or performing services for construction or landscaping.
LANDSCAPER
A contractor in the business of designing gardens, planting of trees and shrubs, installing sprinkler systems and cutting or trimming of grass and shrubs.
STRUCTURE
Any combination of materials to form a construction for use, occupancy or ornamental, whether installed on, above or below the surface of land or water, including any additions or improvements to dwellings or buildings of any type or description.
Every person, firm or corporation engaged in the business of constructing, erecting, altering, repairing, restoring, residing, moving or demolishing the whole or any part of structures or the appurtenances thereto or swimming pools, erecting or altering commercial signs, landscaping within the Borough of Bergenfield, shall be required, before commencing any work, to register with the Building Department.
This chapter shall not apply to:
A. 
Any person or authorized representative doing work for a governmental unit on governmental property.
B. 
Any individual person making repairs upon his own private home.
The registration fee shall be $25 per calendar year, and no part of said fee shall be prorated for any part of the year. Upon payment of the fee, the Building Department shall issue a registration certificate for the calendar year for which the application was filed.
The registration issued hereunder shall expire January 1 immediately following the date granted. A registration may be renewed upon payment of the renewal fee as hereinabove set forth and completion of a form indicating any and all changes of information set forth in previous applications. When a job is commenced and permits issued and there is a valid registration in effect, that registration shall be valid until the completion of the particular job. A contractor must be registered under this chapter whenever work is commenced or permits issued.
For the purpose of this chapter, there shall be the following classes of registration:
A. 
General contractor. A contractor engaged in the construction of a structure from start to finish and the alterations, addition to or repair of any structure. The contractor shall be equipped to handle such work either by and through a business entity controlled by the contractor or appropriate subcontractors and, in the latter event, must be completely responsible for his subcontractors work.
B. 
Contractor. A contractor engaged in the construction of a structure from start to finish and the alteration, addition to or repair of any structure. The contractor shall be equipped to perform such work personally or by and through a business entity controlled by the contractor.
C. 
Roofing and siding contractor. A contractor engaged in applying of roofing and siding materials to existing or new structure.
D. 
Demolition contractor. A contractor engaged in the demolishing of any structure in whole or in part.
E. 
Moving contractor. A contractor engaged in the moving of any structure.
F. 
Sign or billboard contractor. A contractor engaged in the erection, alteration or maintenance of signs or billboards.
G. 
Miscellaneous contractor. A masonry and/or dry wall contractor and/or a contractor engaged in work of a special character, including, but not limited to swimming pools construction, hot tubs, tile walls/floors, chimney cleaners, duct cleaners and any other contractor as determined by the Bergenfield Construction Department.
H. 
Landscaper contractor. A contractor engaged in the regular activities of landscaping or sprinkler installation, including landscaping design, as a primary occupation. This does not include casual employment by minors or family members.
A. 
The Construction Official of the Borough of Bergenfield shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any contractor registered hereunder who shall be guilty of any one or more of the following acts or omissions:
(1) 
Fraud or misrepresentation in obtaining registration;
(2) 
Violation of the Building Code or Zoning Code of the Borough of Bergenfield;[1] and
[1]
Editor's Note: See Ch. 136, Construction Codes, Uniform, and Ch. 186, Land Development, respectively.
(3) 
Violation of the Uniform Construction Code of the State of New Jersey.
B. 
Hearings. Any person who has received notice of revocation or suspension of his registration under this chapter shall be entitled to a hearing. Notice that the aggrieved party is seeking a hearing should be filed within 30 days of the notice of suspension or revocation. The Construction Official shall schedule a hearing within 30 days of the receipt of the notice of request for hearing. The aggrieved party shall have the right to appeal by letter or by attorney and present evidence concerning the matter. An appeal of the decision of the Construction Official shall go directly to the Superior Court of New Jersey, Law Division.
C. 
Reinstatement. Any person or corporation whose registration has been suspended or revoked may apply to the Construction Official for reinstatement of his registration. The Construction Official shall have the right to reinstate revoked registrations or reduce or cancel the period of suspension. This shall be done after a hearing before the Construction Official under the same conditions as in Subsection B above. A person can make a request only once per year for reinstatement of his registration.
Any person, firm or corporation whose registration has been revoked may reregister and have his or its name reentered upon the registration list upon filing with the Construction Department a certificate approved by the Construction Department to the effect that all violations for which the registration was revoked have been corrected or are nonexistent and upon the payment of the fee prescribed by § 118-5 of this chapter.
The Construction Official, Building Inspector, Zoning Official, Code Enforcement Officer, Bergenfield Fire Department and Bergenfield Police Department are each independently charged with the enforcement of all the provisions of this chapter.
Any person, firm or corporation required by this chapter to register as a contractor who violates its terms shall be subject to a fine of not more than $1,000 or imprisonment for a period of 90 days, or both.
Applications for registration under this chapter shall be made to the Construction Official, in writing, on such printed form as he shall prescribe and prepare. Such forms may be obtained from the Construction Department or the Construction Official and shall be signed under oath and shall contain the following information:
A. 
If an individual, the full name, sex, age and residence address at the time of application and addresses for the last 10 years, business address and telephone number, social security number and driver's license number.
B. 
If the applicant is a corporation, or an officer, agent or employee of a corporation:
(1) 
The full corporate name;
(2) 
The date and state of incorporation;
(3) 
The address of the place or places of businesses;
(4) 
The name, residence and business address of the authorized agent upon whom service of process may be had in the State of New Jersey; and
(5) 
Names and addresses of persons who own 10% or more of stock, unless the corporation is listed on the American or New York Stock Exchange.
C. 
If the applicant is a partnership or member of such firm or association:
(1) 
The information required by Subsection A of this section for each partner;
(2) 
The name under which the business is being conducted and address of the place of business; and
(3) 
The business telephone number.
D. 
The following information shall be provided by all applicants:
(1) 
The educational and/or business experience of the applicant in the business or occupation for which the registration is sought.
(2) 
The length of time that the application has been engaged in such business or occupation.
(3) 
Proof of insurance:
(a) 
Public liability insurance, and, if so, the amount of said coverage.
(b) 
Workmen's compensation insurance, with the name or insurance carrier.
(4) 
The tax resale number:
(a) 
Federal tax number.
(b) 
Social security number.
(c) 
Driver's license number.
(d) 
Has registration been revoked or suspended elsewhere?
(e) 
Have you ever been indicted for violations of the building or zoning or Uniform Construction Codes?
(f) 
Equipment to be used; and
(g) 
Such other information as the Construction Official may deem reasonably necessary for the protection of the public health, safety, morals and general welfare of the citizens of the Borough of Bergenfield.
E. 
No registration or renewal thereof granted under the provisions of this chapter shall be reassigned or transferable.