[HISTORY: Adopted by the Township Committee of the Township
of Winslow 1-28-76 as Ord. No. 0-5-76 as Ch. 31A of the 1970 Code of the Township of Winslow. Amendments
noted where applicable.]
A.
Every person, firm or corporation engaged in the business of constructing,
erecting, altering, repairing, restoring, re-roofing, re-siding, moving
or demolishing the whole or any part of buildings or structures, or
engaged in the construction and installation of swimming pools, or
engaged in the business of erecting or altering signs or landscaping,
shall be required to register the name of such person, firm or corporation
with the Building Department.
B.
The owner or occupant of a building or structure who does all of
his own work without the use of any contractor and executes a sworn
statement to this effect on forms supplied by the Building Inspector
shall not be required to register as required by this chapter.
C.
Every person, firm or corporation engaged exclusively in the business
of new home construction as defined in P.L. 1977, c. 467, known as
the "New Home Warranty and Builders' Registration Act,"[1] shall be excepted from registration. However, no person,
firm or corporation shall engage in the business of new home construction
without prior registration with the State of New Jersey in compliance
with the New Home Warranty and Builders' Registration Act, P.L.
1977, c. 467.
[Added 8-22-79 by Ord. No. 0-24-79]
[1]
Editor's Note: See N.J.S.A. 46:3B-1 et seq.
A.
Applications for the registration of contractors shall be submitted
to the Building Inspector on forms supplied by him and shall include,
in addition to any other pertinent information he may reasonably deem
necessary:
(1)
A statement giving the name or corporate or firm name of the contractor.
(2)
In the case of a firm, corporation or partnership, the name and address
of the principal officer of said firm or corporation and the names
and addresses of all officers, directors, managerial employees and
stockholders owning, of record or beneficially, five percent (5%)
or more of the outstanding stock of any class of said corporation;
and, in the case of a partnership, the names and addresses of all
partners, whether general, special or limited.
B.
This application shall also contain the number of years such person, firm or corporation has been in the contracting business at the current location or any prior locations, including the address of any such prior location, if any. The application shall indicate, for both the current and any prior periods of time or locations at which a contracting business has been conducted, all other former trade names, if any, by which any such contracting business was conducted or in which any of the persons listed in answer to Subsection A(2) above participated in any manner, and shall likewise furnish all the information required in Subsection A(2) above for each such prior business.
C.
The applicant shall state in which class he desires to be registered, choosing one (1) or more of the classes designated in § 116-5 of this chapter.
D.
The application shall be approved or disapproved within ten (10)
days after filing.
A.
No person or corporation shall be registered under this chapter or be reregistered after revocation of registration under § 116-6 of this chapter unless and until there has been a determination by the Building Inspector that the applicant is capable of complying with the requirements hereof and has demonstrated sufficient capability and proficiency in its past business history to justify a reasonable belief that such compliance will occur, and unless and until there is paid to the Building Inspector, to the order of the Township of Winslow, a fee of twenty-five dollars ($25.) therefor.
B.
After registration and for so long as the registration is not revoked under § 116-6 of this chapter, no subsequent fee shall be required.
C.
Any person, firm or corporation whose registration has been revoked
three (3) times shall be presumed not capable or proficient in his
trade and shall not be permitted to reregister, under this chapter.
A.
All work shall be done in accordance with the Building Code of the
Township of Winslow[1] and other codes and ordinances thereof applicable to the construction activities described in § 116-1 hereof and must be done in a good and workmanlike manner in accordance with applicable plans and specifications under accepted practice prevailing in the Camden County area.
B.
The person or persons doing the work shall notify the Building Inspector
within the twenty-four-hour period prior to commencing any work.
For the purpose of this chapter, there shall be the following
classes for registration:
A.
General contractor: a contractor who is proficient in the construction
of a building or structure from start to finish and the alteration,
addition to or repair of any building or structure. This class of
contractor shall be equipped to handle such work either by and through
his own organization or by and through appropriate subcontractors
and, in the latter event, must be completely responsible for his subcontractors'
work as if performed or to be performed directly by the general contractor.
B.
Contractor: a contractor who is proficient in the construction of
a building or structure from start to finish and the alteration, addition
to or repair of any building or structure. This class of contractor'
shall be equipped to handle such work by and through his own work
or his own organization of employees.
C.
Roofing and siding contractor: a contractor who is engaged in the
business of or who is proficient in the application of roofing and
siding materials to existing or new buildings or structures.
D.
Demolition contractor: a contractor who is engaged in the business
of or who is proficient in demolishing any building or structure in
whole or in part.
E.
Moving contractor: a contractor who is engaged in the business of
or who is proficient in the moving of any building or structure.
F.
Swimming pool contractor: a contractor who is engaged in the business
of or who is proficient in the installation of swimming pools, their
equipment and appurtenances.
G.
Sign or billboard contractor: a contractor who is engaged in the
business of or who is proficient in the erection, alteration or maintenance
of signs or billboards.
H.
Landscape contractor: a contractor who is engaged in the business
of or who is proficient in the landscaping of homes and commercial
buildings.
I.
Miscellaneous contractor: a contractor who is proficient in work
of a special character, as determined by the Building Inspector.
The Building Inspector of the Township of Winslow shall revoke
the registration of any contractor licensed hereunder who shall be
guilty of any one (1) or more of the following acts or omissions:
A.
Fraud or misrepresentation or concealment of a material fact in the
information given upon initial registration or upon reregistration
after revocation.
C.
Material and substantial breach of contract with the owner or purchaser.
D.
Filing of a voluntary or involuntary petition in a bankruptcy or
insolvency proceeding.
A.
The Building Inspector, on his own initiative and on forms to be
prescribed by him, or any person, firm or corporation which has entered
into an agreement for work, either verbal or written, with any contractor
registered hereunder, may file a complaint against any registered
contractor by the filing of same with the Building Department. Such
complaint shall be in writing and signed by the person filing same.
The complaint shall contain a statement of facts setting forth the
specific facts relating to the violation of this chapter or of the
Township of Winslow Building, Plumbing, Fire Prevention or Health
Codes[1] or any other township ordinance or statute pertaining
to building construction or the registered contractor's activities.
B.
Upon a complaint's being filed in the manner and form herein
prescribed, the Building Inspector shall forthwith issue a notice,
in writing, directing the contractor in question to file a written
answer within ten (10) days after the service of notice, answering
to the charges or showing cause, if any, why his registration should
not be revoked. A copy of the complaint shall be served with said
notice.
C.
Failure of the contractor in question to file a written answer within
said ten (10) days may be deemed an admission by him of the commission
of the act or violations cited in the complaint, and his license thereupon
may be revoked forthwith by the Building Inspector without further
evidence.
D.
In the event that the contractor in question shall file a written
answer within the time period prescribed in the notice, a hearing
shall be scheduled, notice of which shall be served no less than ten
(10) days prior to the date fixed for the hearing. Said hearing shall
be held by and before the Building Inspector of the Township of Winslow,
who shall thereafter make all decisions as to fact and law concerning
revocation of the registration. At the hearing, the Building Inspector
and the licensee shall each have the right to appear personally or
by counsel (counsel shall be required if the licensee is a corporation)
and cross-examine witnesses and produce witnesses and evidence in
his behalf. A certified court reporter shall be present at the contractor's
expense, and a complete transcript shall be presented to the Township
Committee at no cost if an appeal is taken.
A.
Any person, firm or corporation aggrieved by any action of the Building
Inspector taken pursuant to this chapter shall have the right to appeal
to the Township Committee of the Township of Winslow.
B.
Such appeal shall be taken by filing with the Township Clerk, within
ten (10) days after notice of revocation or other action complained
of, a written statement setting forth fully the grounds for appeal.
The Township Committee shall thereafter set a time and place for hearing
the appeal upon at least ten (10) days' prior written notice
to the appellant. The decision and order of the Township Committee
on such appeal shall be final and conclusive and shall be based on
the evidence presented at the hearing before the Building Inspector
with no further evidence being permitted.
Whenever notice is required or permitted to be given by any
section of this chapter, such notice may be effected by personal service
upon the licensee if an individual, or any general partner if a partnership,
or upon any corporate officer if a corporation, or, alternatively,
to any of the foregoing, by certified mail, return receipt requested,
to the last address listed in the Building Inspectors office in conjunction
with the registration information. It shall be the duty of each registered
contractor to keep the township advised of any subsequent change of
address. Upon failure of a contractor to comply with this requirement,
any notice returned with the notation "unknown," "moved", or "not
claimed" shall be deemed proper service of all notices required by
this chapter.
Any person, firm or corporation and his respective agents, servants
or employees who shall violate any of the provisions of this chapter
shall, upon conviction thereof in the Municipal Court of the Township
of Winslow, be subject to a fine or not less than twenty-five dollars
($25.) nor more than two hundred dollars ($200.). Every day that such
person, firm or corporation or his respective agents, servants or
employees shall fail to comply with the provisions of this chapter
shall constitute a separate and additional offense against the provisions
thereof.
Any person, firm or corporation whose registration has been revoked under the provisions of § 116-6 of this chapter may apply to reregister and have his, her or its name reentered on the registration list upon filing the following:
A.
Certification by the Building Inspector to the effect that all violations
with reference to which revocation was secured have been corrected.
B.
Proof that all loss caused by the act or omissions for which the
registration was revoked has been fully satisfied and that all conditions
imposed by the decision of the revocation have been complied with.
C.
Payment of a reregistration fee of twenty-five dollars ($25.).
