[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 2005-28. Amendments noted where applicable.]
Time and time again, residents of Ocean Township have been subject
to shoddy home repairs and other poor and unworkmanlike practices
by builders and/or contractors who obtain work from the residents
of Ocean Township. The purpose of this chapter is to require all persons
performing residential home construction, home repairs, and other
construction work on residential dwellings, which would require the
issuance of a permit for any type of construction, register with the
municipality and provide all appropriate documentation as set forth
in this chapter in order to better protect the public health, safety
and welfare of the residents of Ocean Township.
Registration shall be made with the Construction Official on
forms furnished by the Construction Official. The signatures shall
be notarized. The registration shall be signed by the applicant and
all agents. The registrant shall supply the following information:
A.
The name and address of the registrant;
B.
A statement giving the name or corporate or firm name of the contractor
and, in the case of a firm, corporation or partnership, the name and
address of the principal officer or principal member of the firm,
corporation or partnership;
C.
If the registrant is a partnership, the names and addresses of all
its partners. If the registrant is a corporation, the names and addresses
of its officers, directors and principal stockholders holding in excess
of 10% of the outstanding shares of common stock;
D.
The number of years the person has been in business or in existence
at the current location or any prior location, including the addresses
of such prior locations, if any;
E.
The type or types of work customarily performed by the registrant;
F.
A statement as to whether the registrant has ever been convicted
of violating a building code and, if so, the date and place of conviction,
the nature of the violation and the punishment imposed therefor;
G.
Appropriate information as to the registrant's skill, experience
and business responsibility, including the names and addresses of
at least two persons who are familiar with the same;
H.
A certificate showing that the applicant carries public liability
and worker's compensation insurance for all work of the type
to be done under a building permit;
I.
Two letters of reference or two copies of licenses from other municipalities;
J.
A certificate of liability insurance in an amount not less than $100,000
for bodily injury and $25,000 for property injury. The certificate
shall name the Township as an additional insured;
K.
Verification for workmen's compensation cases as to history;
L.
Such other data as the Construction Official may require.
The fee for registration shall be $50. The registration period
shall begin on January 1 of each calendar year and expire on December
31 of each calendar year. The fee for the renewal of the registration/license
shall be $10 and shall be applied for not later than November 1.
A.
No person shall be registered or have their registration renewed under this chapter or shall be reinstated after suspension of registration under § 139-7, unless and until there is paid to the Construction Office a contractor's registration license fee as set forth in this chapter.
B.
No person shall be registered or have registration renewed under
this section or shall be reinstated after suspension of registration
until there is filed with the Construction Office a certified proof
of the existence of a general liability insurance policy in the amount
of not less than $100,000 providing coverage for all acts for which
the contract may be held liable in the conduct of his/her business.
Such policy shall remain in effect at all times that such contractor
is registered, and failure to maintain the required policy in effect
at all times shall be grounds for suspension or revocation of the
registration.
C.
Upon failure to renew any registration on or before January 31 of
any calendar year, any subsequent registration shall be and constitute
a new or original registration subject to the payment of the fee for
new registrations specified in this chapter and the completion of
a new application. The Construction Official may waive the requirement
of a new application.
All work done under the provisions of this chapter for which
a construction permit is required is to be performed by a registered
contractor, his/her agents or employees. This chapter shall not apply
to work performed by any owner on a single-family dwelling occupied
by himself/herself that does not entail the employment of others.
A.
No person, firm or corporation shall engage in the business of construction,
erecting, altering, repairing, restoring, removing or demolishing
the whole or any part of any residential dwelling, building or appurtenant
structure, or contracting to perform any of the foregoing, or complete
any work for which a building permit is required, without first registering
with the Construction Official pursuant to this section, on forms
to be supplied by him/her.
B.
All applicants for such contractor's registration license shall
furnish proof, to the satisfaction of the Construction Official, of
at last four years' training or experience in building construction,
and each such application shall be endorsed by at least two responsible
personal references stating that applicant is, in their opinion, sufficiently
qualified to receive a contractor's registration license. Only
one contractor's registration license needs to be secured by
a corporation or partnership.
C.
No contractor's registration license shall be required of any
owner of real property in the Township who shall personally perform
activities, otherwise requiring a contractor's registration license
on a dwelling place of an appurtenant structure intended for occupancy
or use by the property owner or his/her immediate family, except that
all such work must otherwise comply with other provisions of the Uniform
Construction Code and all other applicable Township, county, or state
ordinances and regulations.
D.
Any contractor required to be licensed by the State of New Jersey
shall be exempted from obtaining a contractor's registration
license, except that any contractor licensed by the State of New Jersey
shall only be exempted from registration for work performed under
the license granted by the State of New Jersey.
E.
Every contractor's registration license shall be issued and
renewed on an annual basis, effective January 1 of each year, upon
payment of an annual fee or fees.
F.
Penalties.
(1)
Maximum penalty.
(a)
For violation of any provision of this chapter, the maximum
penalty, upon conviction, shall be a fine not exceeding $1,000 or
imprisonment in the county jail for a term not exceeding 90 days or
a period of community service not to exceed 90 days, or such combination
of punishment as the municipal court may, in its discretion, deem
appropriate and just.
(b)
Each and every day in which a violation of any provision of
this chapter exists shall constitute a separate violation.
(c)
The maximum penalty stated in this section does not intend to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case of violation, except in those instances
where state law mandates a minimum penalty to be imposed.
(2)
Minimum penalty. There shall be a minimum penalty of a fine fixed
at an amount as established by the municipal court judge.
G.
No person shall be permitted to register until all fines and fees
due and owing to the Construction Office have been paid or properly
appealed.
A.
If any person registered under the provisions of this chapter shall
fail to comply with rules and regulations of the Township applicable
to the construction, erection, repair, restoration, reroofing, residing,
moving or demolition of any building, structure, swimming pool, sign,
billboard or part thereof, in the execution of any work for which
a permit is required by this chapter, the Uniform Construction Code,
any other ordinance of the Township or any other New Jersey law, the
Construction Office shall cause a notice of violation to be served
upon the person or the principal member or officer of the firm or
corporation in accordance with established procedures as set forth
in the Uniform Construction Code and the regulations pertaining thereto.
B.
If the violation is not corrected within the period of time stated
in the notice of violation, the Township Committee, upon recommendation
from the Construction Official and upon notice to the registrant and
after public hearing, may suspend the contractor's registration
license, and the person shall not be permitted to renew or reinstate
his/her registration until certification by the Construction Office
to the Township Committee that the violation has been corrected as
required by the Construction Office.
C.
If any person shall have had his/her registration suspended at least
two times as provided in this chapter, then, in addition, the Township
Committee, upon recommendation of the Construction Official, may upon
notice to the registrant, conduct a public hearing to determine whether
or not such person shall be permanently revoked and barred from engaging
in the activities that are the subject of this chapter within the
Township.
D.
The Construction Official may suspend a registration in any case where the registrant has been guilty of at least three violations of the State Uniform Construction Code or this chapter, has failed to complete work or perform under a contract or has deviated from work specifications made a part of a contract. The person whose registration is suspended may appeal and be afforded an opportunity to be heard before the Township Committee. Upon receipt of written notice of appeal in both the Municipal Clerk's office and the Construction Office, the contractor's registration license shall be reinstated pending the appeal. Any contractor's registration license suspended under Subsection H of this section shall not be reinstated prior to a hearing by the Township Committee. The Township Committee shall hear the appeal at the next regularly scheduled meeting and may affirm the suspension, reverse the suspension or take any other action permitted under this section.
E.
Any person whose registration is revoked shall not be reregistered.
F.
Suspension or revocation of a registration shall be in addition to
any other penalty that may be imposed for a violation of this chapter.
G.
The Township Committee may, upon recommendation of the Construction
Official, after notice and a hearing, suspend or revoke any contractor's
registration license for violation of law or the building code or
related ordinances of the Township of Ocean or for other good cause
which is shown to be prejudicial to the public health, safety and
welfare.
H.
When the Construction Official has reasonable cause to believe that
an emergency affecting the public heath, safety or welfare requires,
the Construction Official may temporarily suspend any contractor's
registration license for a period not to exceed 20 days, until the
next regularly scheduled meeting of the Township Committee.
I.
Any contractor who requests a hearing before the Township Committee
and asks for an adjournment of that hearing shall have the contractor's
registration license suspended until such hearing shall be held.
