Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 5-6-2009 by Ord. No. 18-2009]

§ 113-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Defined in the New Jersey State Uniform Construction Code.[1]
CLASS I CONSTRUCTION CONTRACTOR
A person who, by himself or through others, offers to undertake or holds himself out as being able to undertake to perform one or more of the activities listed under construction contracting and who meets the standards set by the Division of Construction for this classification.
CLASS II CONSTRUCTION CONTRACTOR
A person whose business operations are limited to the performance of construction work in a single trade requiring special skills and whose business involves the use of such specialized building trades or crafts and who meets the standards set by the Division of Construction.
CONSTRUCTION CONTRACTING
Engaging in any or all of the following activities:
A. 
The erection, construction, enlargement, alteration, repair or renovation of any commercial building or structure.
B. 
The installation, extension, alteration or repair of any elevator, moving stairway, mechanical equipment, refrigeration, air-conditioning or ventilating apparatus, gas piping, heating system or any other equipment specifically controlled by the provisions of the New Jersey State Uniform Construction Code[2] on commercial buildings or structures and for which the State of New Jersey does not mandate or require licensure.
C. 
The erection, alteration, relocation or repair of any sign or outdoor display structure.
D. 
The demolition, removal or moving of any building or structure other than residential.
E. 
The erection or repair of fences other than residential.
F. 
The erection, installation, alteration or repair of swimming pools other than residential.
G. 
The installation or repair of driveways and sidewalks other than residential.
CONSTRUCTION CONTRACTOR
A person engaged in the business of construction contracting, as it pertains to commercial buildings or structures, who has passed an examination given by the Construction Official (Division of Construction) which would indicate an acceptable level of administrative and technical skill, training, experience and responsibility to engage in such business and that the State of New Jersey does not mandate or require licensure of the same.
CONTRACTOR LICENSE
A license to conduct a construction contracting business, as defined herein, on commercial buildings or structures, issued to those applicants who meet the aforementioned requirements of a construction contractor.
PERSON
A person, firm, association, company, partnership, corporation or other legal entity.
RESPONSIBLE MANAGING EMPLOYEE
The individual responsible for the direct management of the contracting business of the licensee. A responsible managing employee shall not be deemed to have the direct management of the licensee's contracting business unless he is:
A. 
A bona fide employee, principally employed by the licensee.
B. 
In a position to secure full compliance with this chapter.
C. 
Familiar with all construction plans, specifications and amendments thereto that the firm enters into and sees that all such provisions are carried out. To record such familiarity, the responsible managing employee shall sign or initial all such documents.
D. 
Familiar with the specific project the firm undertakes and sees that the records include the amount of time the responsible managing employee spends with the firm and payroll record of the responsible managing employee.
E. 
In residence in the state during the time the license is in effect or during the period of time a project is under construction, or having an established local office manned with one or more employee.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 113-2 License required; exceptions.

On or after the effective date of this chapter, it shall be unlawful for any person to enter into, engage in or perform the services of construction contractor unless such person has applied for and obtained a construction contractor license from the Mercantile Office and has paid all fees and submitted the necessary insurances, as required, in accordance with this chapter.
A. 
The application for a construction contractor license shall be filed with the Mercantile Office in such form as the Director of Licensing and Inspections shall prescribe.
[Amended 1-27-2010 by Ord. No. 03-2010]
B. 
The provisions of this chapter shall not apply to the following:
(1) 
Persons performing work which would otherwise be covered by this chapter, if such person is an employee of the City of Atlantic City, State of New Jersey, the federal government or a public utility, and such work is performed as a part of and in the course of such employment.
(2) 
Persons performing contracting work for and under contract with the federal government, if such person is exempt from compliance with this chapter by virtue of federal law.

§ 113-3 Types of licenses; equal opportunity employer affidavit required.

A. 
The Mercantile Office shall issue the following two types of licenses:
(1) 
Class I construction contractor license.
(2) 
Class II construction contractor license.
B. 
All contractors seeking a Class I or Class II license shall submit with their application for such license an affidavit stating that the applicant is an equal opportunity employer.

§ 113-4 Examinations.

A. 
All first-time applicants for a construction contractor license shall be required to take and successfully pass an examination as determined by the Construction Official, designed to test the applicant's experience, ability and knowledge of the class of construction contracting for which the applicant is being examined. All examinations shall be administered by the Construction Official or his designee.
B. 
In the case of an applicant who employs a responsible managing employee, said employee may take the aforementioned examination.
C. 
It is the purpose of an examination to determine whether the applicant can perform the work sought to be licensed or performed in a competent workmanlike and satisfactory manner in accordance with the standards of construction in this community and state, to be determined by the Construction Official in his best judgment and discretion, to protect the public and the citizens of this City from incompetent, improper, fraudulent and unqualified contractors and licensees.
D. 
Any persons aggrieved by a decision of the Construction Official denying a license based upon the examination may appeal that decision within 30 days to the Director of Licensing and Inspections by filing a written notice of appeal with the Department of Licensing and Inspections. The Director shall conduct a hearing at which time evidence may be presented by either party. The Director's decision may be appealed by the applicant to a court of competent jurisdiction.
[Amended 1-27-2010 by Ord. No. 03-2010]

§ 113-5 Insurance required.

A. 
All persons holding a Class I or Class II construction contractor license, and their agents and employees, are required to be covered by a policy or policies of insurance. Said policy or policies shall name the City of Atlantic City as an additional named insured with respect only to liability coverage afforded by the policy or policies, insuring against bodily injury and property damages in the amount to be determined by the City, with a minimum amount of $1,000,000 per occurrence. The City of Atlantic City shall also be named as certificate holder. Said certificate of insurance shall be submitted with the application for license.
B. 
Said liability insurance shall be the comprehensive general liability form and may include premises operations and independent contractors, products/complete operations, explosion, collapse and underground hazard, broad form property damage and blanket contractual.
C. 
A certificate of insurance for workers' compensation shall also be provided to the City. A certificate of insurance shall be submitted to the Mercantile Office prior to the issuance of a license.
D. 
In addition to the above insurance requirements, all licensees shall complete and submit an indemnification and hold-harmless agreement as to the City of Atlantic City upon forms to be supplied. Said agreement shall indemnify, defend and save harmless the City from any claims, expenses and liabilities arising out of the issuance of the license in any activity performed pursuant to said license. Further, the contractor shall agree to indemnify the City and be liable for any damage to City property resulting from the actions of the licensee, its agents or employees, subcontractors, etc., pursuant to said license.

§ 113-6 Expiration and renewal of licenses.

A. 
Every license issued hereunder shall automatically expire on March 1 following the date of issuance of such license. Licenses may be renewed, upon written application of the licensee and payment of the prescribed fee, without written examination. Such application must be made within 30 days after the expiration of any license.
B. 
Any licensee who fails to renew said license within the thirty-day period shall have one year from the expiration date in which to renew the license without reexamination, but shall be required to file a new application and pay the fee required for the initial application.

§ 113-7 Fees.

[Amended 4-20-2016 by Ord. No. 20-2016]
Construction contractors' fees.
Type of License
Fee
Application
$25
Initial Class I Construction Contractor
$600
Renewal Class I Construction Contractor
$250
Initial Class II Construction Contractor
$300
Renewal Class II Construction Contractor
$200

§ 113-8 Transfer of license.

[Amended 1-27-2010 by Ord. No. 03-2010]
No license issued hereunder shall be transferred or assigned; any license so transferred or assigned shall be suspended or revoked by the Director of Licensing and Inspections.

§ 113-9 Suspension and revocation of license; hearing.

A. 
The Director of Licensing and Inspections shall act as a hearing officer, who may investigate and conduct hearings regarding the suspension or revocation of any license issued hereunder. The Director, on complaint by the Construction Official or any aggrieved person, in writing, duly signed, sworn and filed, may suspend or revoke any license issued hereunder if any said licensee has:
[Amended 1-27-2010 by Ord. No. 03-2010]
(1) 
Made any misstatement on an application for a license or renewal of a license or examination;
(2) 
Willfully and continually materially breached a contract to which such licensee is a party as a construction contractor;
(3) 
Performed such construction work in a willfully negligent manner;
(4) 
Willfully violated the State Uniform Construction Code[1] or any local ordinance;
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(5) 
Violated any provision of this chapter; or
(6) 
Willfully diverted funds or property received for commencement or completion of a specific construction project for any other purpose.
B. 
If the complaint on which the Director is acting has been made by the Construction Official, then said Construction Official shall disqualify himself from that hearing except as a witness.
C. 
The Director of Licensing and Inspections shall notify the accused licensee of the time and place of the hearing. Said notice shall be in writing and shall be mailed by certified mail to the last known place of business of said licensee at least 15 days before such hearing date. At any hearing the accused licensee shall have the right to appear personally and by counsel and shall have the right to confront and cross-examine witnesses appearing against him and to produce evidence and witnesses in his defense. If the Director determines suspension or revocation of the license of the accused licensee, the accused licensee shall be notified within 10 days after the Director's decision. The Director shall have 20 working days after the date of the hearing in which to reach a decision.
[Amended 1-27-2010 by Ord. No. 03-2010]
D. 
Any person whose license shall have been revoked may apply for a new license after a period of one year from the date of revocation. Such application shall be submitted in accordance with the provisions of this chapter for an initial license.

§ 113-10 Limitation of classification.

No licensee shall act, assume to act or hold himself out to the public in the City of Atlantic City as a construction contractor in any classification other than those classifications for which such licensee is licensed.

§ 113-11 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense by a fine not to exceed $2,000 or by imprisonment for any term not exceeding 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, or both. The Municipal Judge before whom any person is convicted of violation of this chapter shall have the power to impose any fine or term of imprisonment, or both, not exceeding the maximum fixed in this chapter.