[HISTORY: Adopted by the Township Committee 11-23-1993 by Ord. No.
16-93. Amendments noted where applicable.]
A.
Except for entities required to register pursuant to
the New Home Warranty and Builders' Registration Act,[1] every person and entity engaged in the business of constructing,
erecting, altering, renovating, repairing, restoring, reroofing, 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
(other than plumbers and electricians) 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 building permit is required, shall be required
to register the name of such and obtain a license therefor as provided herein.
[1]
Editor's Note: See N.J.S.A. 46:3B-1 et seq.
B.
The owner or occupant of a building or structure applying
for a building permit required herein shall not be required to register, provided
that he does his own work and executes a sworn statement to this effect on
forms supplied by the Construction Official.
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. The following terms, as used in
this chapter, 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, who 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, reroof, 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.
Applications for the registration of contractors shall
be submitted to the Construction Official on forms supplied by him and shall
include, in addition to any other pertinent information he may reasonably
deem necessary, the following information:
(1)
The contractor's name, business name and whether the
contractor is an individual, partnership, corporation or any other entity
and, if any other entity, a full explanation and description thereof.
(2)
In the case of a firm or corporation, the name and address
of the principal office, the name and address of the registered agent, 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.
(4)
Whether the applicant or any partners, officers or stockholders
thereof have ever been arrested for 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.)
(5)
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 the applicant
has operated and all corporate officers and major interest holders.
(6)
The name and address of the insurance company providing
the applicant with public liability insurance in a minimum amount of $500,000,
the policy number, expiration date and the amount of coverage.
(7)
The name and address of the applicant's workers' compensation
insurance carrier, policy number and expiration date of said policy.
(8)
The identity of any other municipality in which the applicant
is licensed.
(9)
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.
B.
Upon receipt of such application, the Construction Official
shall submit the same to the Police Department for the purpose of obtaining
a copy of any police record which the applicant or any partner, officer or
stockholder thereof may have. In this regard, the applicant shall execute
a waiver in order to permit such an investigation to take place. This report
shall be submitted to the Construction Official.
C.
Upon return of such report, the Construction Official
shall determine if the character and business responsibility of the applicant,
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, the report of the Police
Department or other evidence presented to the Construction Official shall
tangibly disclose any of the following:
(1)
Conviction of a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the construction, erection, alteration, repair, restoration, reroofing,
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.
(5)
The failure to carry and maintain public liability and
workers' compensation insurance coverage.
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 the Construction Official's
determination. A copy of the notice of appeal shall be served upon the Township
Clerk, Township Administrator and the Construction Official. The Council 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 no 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 for such registration and license or for registration after revocation of a registration previously issued to such applicant and in accordance with the provisions of § 106-7 below.
B.
The term of such registration shall be based upon a fiscal
year beginning January 1 and expiring December 31 each and every 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 telephone number of the insurance carrier
and change in the policy limits for the public liability and owner's compensation
coverage 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 Mullica relevant
to the construction, erection, alteration, repair, restoration, re-siding,
reroofing, 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.
Upon the renewal of the issuance of a registration and
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 license shall be revoked for a period of six months.
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 Township Council of the Township of Mullica.
Any appeals from convictions in the Municipal Court of the Township of Mullica
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 § 106-5 of this chapter may register and have his or her name reentered upon the registration list upon the filing with the Township 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 § 106-4.
The Township Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the purpose
of administering the provisions of this chapter or making them more effective.
No regulation shall be inconsistent with or alter or amend any provisions
of this chapter, and no regulation shall impose any requirement which is in
addition to or greater than the requirements that are expressly, or by implication,
imposed by any provision of this chapter.
A.
The Construction Official of the Township of Mullica
is hereby designated as the Enforcement Officer of all licenses issued under
this chapter. It shall be the duty of the Enforcement Officer to enforce this
chapter.
B.
Any person or persons or corporation who shall violate
any of the provisions of this chapter shall upon conviction be punishable
by a fine not to exceed $500 for each offense or violation or by imprisonment
not to exceed 90 days as shall be imposed by the Municipal Judge empowered
to hear and determine such violations. Each day that a violation continues
shall constitute a separate offense.
