City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rahway 5-12-2003 by Ord. No. O-41-03. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 177.
It shall be unlawful for any person to engage in the business or act in the capacity of a builder or contractor within the City of Rahway without having first obtained a license therefore as provided herein.
A. 
Scope and meaning of certain words and terms.
(1) 
Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural and the plural the singular.
(2) 
The word "shall" is mandatory and not directory; the word "may" is permissive.
B. 
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
BUILDER OR CONTRACTOR
Any person who in any capacity undertakes or offers to undertake, or purports to have the capacity to undertake, or accepts an order or contract costing $500 or more and which requires the issuance of a building permit under N.J.A.C. 5:23-9.3, 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 or structure, project or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
BUILDING
Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
PERSON
Any individual, firm, association, partnership or corporation.
This chapter shall not apply to:
A. 
Any person or authorized representative dealing with any governmental unit.
B. 
Any private person making repairs on his own private home pursuant to the Uniform Construction Code.
C. 
Plumbers, electricians and other specialized trades, for which other special licenses are required by applicable City ordinances or state statutes.
No firm, association or corporation shall engage in building contracting in the City of Rahway unless at least one officer, agent or member of said firm, association or corporation has been licensed according to the provisions of this chapter and has a license issued to it in the name of the firm, association or corporation as herein provided. Such license shall be valid and in effect only while the individual so licensed is still a member, officer or agent of such firm, association or corporation.
A. 
This chapter shall be administered by the City of Rahway Construction Official.
B. 
In addition to any other powers granted under this chapter, the Construction Official may adopt such rules and regulations as are deemed necessary and expedient for the purposes of administering this chapter, including consideration of license applications and recommendations to the City Council for suspension and revocation of licenses.
Contractors shall be divided into the following classifications:
A. 
General contractor. A contractor or firm qualified to erect a structure in its entirety or add to, alter or repair an existing structure. A general contractor shall be held accountable for the work or all separate contractors employed by his organization.
B. 
Contractor. A contractor or firm qualified to erect a structure in its entirety or add to, alter or repair an existing structure. A contractor shall be in a position to complete said work with his own employees, retaining no separate contractors.
C. 
Subcontractor. A contractor or firm employed directly by a homeowner to excavate for, erect, repair or alter a specific part of a structure. This category shall include excavators, masons, tile men, carpenters, cabinetmakers, heating contractors and any other trade.
D. 
Sign or billboard contractor. A contractor or firm qualified to erect, maintain or alter signs or billboards.
E. 
Roofing, siding and swimming pool contractor. A contractor or firm qualified to apply roofing and siding material to a new or existing structure; a contractor or firm qualified to install a swimming pool; a contractor or firm qualified and equipped to move any structure.
A. 
Applications for licenses under this chapter shall be made to the Department of Building, Planning and Economic Development, in writing, on such printed forms as shall be prescribed. Such forms shall be signed by the applicant under oath and shall contain the following information:
(1) 
If an individual, the full name and business address at the time of the application, and any business name (d/b/a) he/she is using.
(2) 
If the applicant is a corporation or an officer or employee of a corporation:
(a) 
The full corporate name.
(b) 
The date and state of incorporation.
(c) 
The address of the place or places of business.
(d) 
The name, residence and business address of the authorized agent upon whom service of process may be had in the State of New Jersey.
(3) 
If the applicant is a partnership or a member of such firm or association:
(a) 
The information required by Subsection A(1) of this section for each partner.
(b) 
The name under which the business is being conducted.
(4) 
Evidence of general liability and workers' compensation insurance and the amount of coverage. General liability insurance shall have minimum limits of $100,000. A certificate of insurance shall be filed with the Department prior to issuance of the license.
(5) 
Any 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 City of Rahway.
B. 
No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable.
The annual fee for a building contractor's license under this chapter shall be $25.
Every license issued hereunder shall expire one year following the date it is granted. A license may be renewed upon payment of the annual fee as hereinabove set forth and submission of the required certificate of insurance.
The Construction Official of the City of Rahway shall have the power, in addition to all other powers provided for in this chapter, to revoke the license of any contractor licensed hereunder who shall be guilty of any one or more of the following acts or omissions:
A. 
Fraud or misrepresentation in obtaining license.
B. 
Repeated acts of negligence, malpractice or incompetence.
C. 
Violation of the Uniform Construction Code.
D. 
Filing of voluntary petition in bankruptcy.
Any person aggrieved by the action of the Construction Official shall have the right of appeal to the Business Administrator of the City of Rahway. Such appeal shall be taken by filing within 14 days after notice of the action complained of a written statement setting forth fully the grounds of the appeal. The Business Administrator shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the appellant by registered letter at his last known address at least five days prior to the date set for hearing. The decision and order of the Business Administrator on such appeal shall be final and conclusive.
A. 
No permit shall be issued by the Construction Official for the erection, construction, reconstruction, structural alteration or removal of any building or structure to anyone except a duly licensed contractor or his duly authorized agent under the provisions of this chapter.
B. 
Permits may also be issued to the actual owner of the premises if he/she is undertaking the performance of the work individually; provided, however, that the property owner shall sign a statement that said work or construction for which the permits sought is not being performed by a contractor or subcontractor. Any violation of this section shall be cause for revocation of the permit issued.
Any person who shall violate the terms or provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $200 or imprisonment for a period not to exceed 90 days, or both at the discretion of the Judge. Each day upon which such violation shall continue shall constitute a separate offense.