[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.
B.
BUILDER OR CONTRACTOR
BUILDING
PERSON
Definition of terms. As used in this chapter, the following
terms shall have the meanings indicated:
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.
Any roofed structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind.
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:
(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:
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.
