City of Perth Amboy, NJ Home Improvement Contractors

The purpose of this Article is to adopt a procedure for the registration of all construction contractors that are not licensed by the State of New Jersey to perform certain work within the City of Perth Amboy.

This Article shall apply to all persons, partnerships, corporations or other entities not otherwise licensed by the State of New Jersey who undertake to provide services in the City of Perth Amboy for a fee. For purposes of this Article, the word "services" shall mean to add or remove rooms, dormers or other structures or to improve, modernize or modify an existing room or rooms or structures or to install, resurface or improve driveways or sidewalks or any improvement whatsoever upon any structure in the City of Perth Amboy where persons reside, will reside or conduct any type of business upon completion of the work.

Registration pursuant to this Article does not relieve the contractor of the requirement to obtain a building permit or of any liability resulting from contractor's performance of service.

§ 259-2 Definitions.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:

CONTRACTOR

Any person or salesman, other than a bona fide employee of the owner, who owns, operates, maintains, conducts, controls, or transacts a home improvement business and who undertakes or offers to undertake or agrees to perform any home improvement or solicits any contract therefor, whether or not such person is licensed or subject to the licensing requirements of this section and whether or not such person is a prime contractor or subcontractor with respect to the owner.

HOME IMPROVEMENT

The construction, demolition, repair, replacement, remodeling, alteration, conversion, rehabilitation, renovation, modernization, improvement, or addition to any land or building, or that option thereof which is used or designed to be used as a residence or dwelling place and shall include but not be limited to the construction, erection, replacement, or improvement of driveways, swimming pools, terraces, patios, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements to structures or upon land which is adjacent to a dwelling house.

Home improvement shall not mean or include:

The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a new building project.

The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials.

Residences owned by or controlled by the state or any municipal subdivision thereof.

Painting or decorating of a building, residence, home or apartment, when not incidental or related to home improvement work as herein defined.

Without regard to the extent of affixation, home improvement shall also include the installation of central heating or air conditioning systems, central vacuum cleaning systems, storm windows, awnings, (or) fire or burglar alarms, (or) communication systems, the insulation of a structure or the demolition of a structure.

HOME IMPROVEMENT CONTRACT

An agreement, whether oral or written, contained in one (1) or more documents between a contractor and an owner or contractor and a tenant, regardless of the number of residence or dwelling units contained in the building in which the tenant resides, provided that the work is to be performed in, to or upon the residence or dwelling unit of such tenant, for the performance of a home improvement, and includes all labor, services and materials to be furnished and performed thereunder.

HOME IMPROVEMENT ESTABLISHMENT

Any shop, establishment, place or premises where the home improvement business is transacted or carried on.

OWNER

Any homeowner, condominium unit owner, tenant, or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entities to the performance of the work of a contractor pursuant to a home improvement contract.

PERSONS

An individual, firm, company, salesman, partnership or corporation, trade group or association.

REGISTRANT

A person permitted to engage in the home improvement business under the provisions of this Article.

§ 259-3 Application for registration.

Any person, partnership, corporation or other entity to whom this Article applies shall, prior to commencing any work or service as herein described in the City of Perth Amboy, make application to the Department of Code Enforcement for registration as a contractor in the City of Perth Amboy. The failure to make application for such registration prior to commencement of work or services shall constitute a violation of this Article. The form of application shall be available at the Department of Code Enforcement.

§ 259-4 Term of registration; fee.

All registration numbers issued pursuant to this Article shall expire one (1) year from the date of issuance. Such registration may be renewed annually upon payment of the required fee and submission to the Department of Code Enforcement of an updated current certificate of insurance.

The initial fee to register as a contractor in the City of Perth Amboy shall be one hundred fifty dollars ($150). The fee for renewal registrations shall be seventy-five dollars ($75).

§ 259-5 Insurance and bonding requirements.

Each applicant shall be required to submit a certificate of insurance to the Department of Code Enforcement evidencing a current standard policy for worker's compensation insurance and a one million dollar ($1,000,000) combined single limit per occurrence and a two million dollar ($2,000,000) aggregate public liability insurance.

§ 259-6 Application requirements.

Applications for registration shall provide the following information:

Name and address of applicant. If the applicant is a partnership, the names and addresses of all partners if a corporation, the names and addresses of all officers, directors and persons holding ten percent (10%) or more of the issued outstanding stock.

The type of work customarily performed by the applicant.

A statement as to whether the applicant or any person named in Subsection A of this section has ever been cited for violating any building code, and if so, the date and the subject of the citation, the nature of the citation and the penalty imposed.

Names of the last three (3) townships where work requiring a building permit was performed.

All criminal convictions within the last ten (10) years.

§ 259-7 Grounds for denial of initial registration or revocation or denial of existing registration.

The following shall constitute the grounds for which the Department of Code Enforcement may deny the application for registration or revoke or deny the renewal of an existing registration:

Failure to maintain and keep current adequate worker's compensation insurance policy;

Failure to maintain and keep current a public liability insurance policy;

Failure to comply with construction standards required by state law or regulations or local ordinances or codes after having been given notice of such noncompliance and failing to cure said noncompliance without just cause;

Any of the following:

(1)

Failure to comply with lawful instructions of the Department of Code Enforcement regarding site safety;

(2)

Altering plans submitted for the obtaining of the building permit without further receiving the approval of the Department of Code Enforcement;

(3)

Failure to obtain a building permit where required; or

(4)

Owner/resident complaints against the contractor for unworkmanlike or unsafe services, which complaint has been personally verified by the Department of Code Enforcement.

The revocation of prior registration number by the Department of Code Enforcement or the revocation of any local contractor's license or registration by another municipality in the State of New Jersey for any cause other than failure to pay licensing or registration fees.

§ 259-8 Appeals on denial or revocation.

In the event that the Department of Code Enforcement has denied or revoked a registration to an applicant or has refused to renew such registration upon submission of the required fee, the aggrieved contractor may appeal such denial, in writing, to the Mayor and Council of the City of Perth Amboy.

Upon receipt of the written appeal, the City Clerk shall set a date for the Mayor and Council to hear such appeal. This date may be adjourned for a reasonable time at the request of the Mayor and Council or the contractor.

At the time, date and place set for the hearing, the Mayor and Council shall hear testimony from the Department of Code Enforcement as to the grounds for denial and hear testimony from the contractor as to why it is believed that such denial was unreasonable and improper. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.

At the conclusion of the hearing, a determination shall be made as to whether or not the denial of the registration was proper under the circumstances, and if determined to be improper, the Department of Code Enforcement shall be directed to issue a registration number to the contractor. If it is determined that the denial was proper, then the Mayor and Council shall have the discretion to take one (1) of the following actions:

(1)

Uphold the denial without further action.

(2)

If circumstances warrant, direct the Department of Code Enforcement to register the contractor upon conditions imposed by the Mayor and Council which are designed to reasonably ensure compliance by the contractor with this Article.

(3)

If circumstances warrant, direct the Department of Code Enforcement to register the contractor at such time as any deficiency which were the grounds for the denial has been cured by the contractor. The Council shall set forth such deficiencies in its rulings.

Within ten (10) business days from the hearing date, the Department of Code Enforcement and the contractor shall receive notification, in writing, of the determination of the Mayor and Council and any conditions which have been placed upon the approval of the application for registration.

§ 259-9 Duties of the Department of Code Enforcement.

In addition to the enforcement of this Article, the Department of Code Enforcement shall have the responsibility to do the following:

Monitor the accuracy and current status of the information contained in the application for contractor's registration.

Keep all registration applications on file so that they are available for inspection and copying by any interested party as public documents.

Notify the owner of the property on which work is being performed by the contractor of the revocation of contractor's registration for failure to keep current its public liability insurance.

The Department of Code Enforcement may make such rules and regulations not inconsistent with the provisions of this section, as may be necessary, with respect to the form and contents of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications, and the other matters incidental or appropriate to his powers and duties as prescribed by this section and for the proper administration and enforcement of the provisions of this section, and to amend or repeal any such rules and regulations.

§ 259-10 Disclosure of all home improvement contracts.

Each registrant permitted to engage in the home improvement business, within the City of Perth Amboy, shall disclose and give notice to the Department of Code Enforcement of the address of the contract, the type of work to be performed, and provide proof that it has satisfied the insurance requirements prior to the start of any home improvement contract.

§ 259-11 Violations and penalties.

It shall be considered a violation of this Article for any person or firm as described herein to fail to make application for a contractor's registration or to perform any work as described herein without first having applied for and received a contractor's registration number. Following a conviction of violation of this Article by a court of competent jurisdiction, a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) shall be imposed or imprisonment for not more than six (6) months, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

The Department of Code Enforcement shall have the authority to revoke or suspend any license issued pursuant to this Article or to deny the renewal of a license for any one (1) or more of the following causes:

(1)

Fraud, misrepresentation, bribery in securing a license;

(2)

The making of any false statement as to a material matter in any application for a license;

(3)

The person or the management personnel of the contractor are untrustworthy or not of good character;

(4)

The business transactions of the contractor have been or are marked by a practice of failure to timely perform or complete its contracts, or the manipulation of assets or accounts, or by fraud or bad faith, or is marked by an unwholesome method or practice of solicitation of business from owners;

(5)

Failure to be registered as provided in this chapter;

(6)

Failure to comply with any demand or requirement lawfully made by the Department of Code Enforcement;

(7)

When an agent or employee of a licensee has been guilty of an act or omission, fraud, misrepresentation and the licensee has approved or had knowledge thereof or has later ratified the act, omission, fraud, or misrepresentation;

(8)

Violation of any provisions of this section or any rule or regulation adopted hereunder or for performing or attempting to perform any act prohibited by this Article.