[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 5-5-1988 by Ord. No. 8809. Amendments noted where applicable.]
This chapter shall known and may be cited as the "Ventnor City Contractor Licensing Ordinance."
The following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
- The Board of Examiners established by this chapter.
- 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 contractor and who meets the standards set by the Board of Examiners 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 skill and whose business involves the use of such specialized building trades or crafts and who meets the standard set by the Board of Examiners for this classification.
- CLASS III CONSTRUCTION CONTRACTOR
- A person whose operations require a special skill and knowledge to adequately perform satisfactorily.
- CONSTRUCTION CONTRACTING
- To engage in any or all of the following activities:
- A. The erection, construction, enlargement, alteration, repair, renovation or plastering of any building or structure.
- B. The installation, extension, alteration or repair of any elevator, moving stairway, mechanical equipment, refrigeration, air-conditioning or ventilating apparatus or any other equipment specifically controlled by the provisions of the State Uniform Construction Code.
- C. The erection, alteration, relocation or repair of any sign or outdoor display structure.
- D. The demolition or removal of any building or structure.
- E. The erection or repair of fences.
- F. The erection, installation, alteration or repair of swimming pools.
- G. Alarms and security systems.
- H. The installation, maintenance, alteration, inspection or repair of fire-suppression systems.
- CONSTRUCTION CONTRACTOR
- A person engaged in the business of construction contracting.
- CONTRACTOR LICENSE
- A license to conduct a construction contracting business, as defined herein, issued by the Board to those applicants establishing that they have the technical skill, training, experience and responsibility to engage in such business.
- A person, firm, association, corporation, partnership 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 assure full compliance with this chapter and the rules and regulations of the Board.
- C. Familiar with all the construction plans, specifications and amendments thereto 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 records include the amount of time "responsible managing employee" spends with the firm and the 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 a project is under construction or having an established local office manned with one or more personnel.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
There is hereby created a Board of Examiners consisting of five members and two alternates. The membership of said Board shall be constituted as follows:
The three at-large members and the two alternate members shall be appointed by the Mayor for a period of two years or until their respective successors are appointed. Appointments to fill vacancies shall be made for the remainder of the unexpired term.
The Board shall organize biannually by the selection from among its members of a Chairman and Vice Chairman, who shall serve in such capacity for two years or until their successors are installed.
The Board may adopt such rules as are necessary to carry out the provisions of this chapter.
A majority of the Board shall constitute a quorum for the transaction of business.
The Board shall keep a record of all proceedings conducted before it. The Board shall maintain a register of all applications for contractor licenses, which register shall indicate:
The name and residence of the applicant.
The date of the application.
The principal place of business of the applicant.
Whether or not an examination was required.
Whether the applicant was accepted or rejected.
The license number if a license was issued.
The amount of the license fee collected.
The date of the action of the Board.
The Board shall meet and consider applications for licenses at least once a month or at the call of the Chairman or the person acting in his place.
The Board of Examiners is for the purpose of examining any person, firm, association or person operating under the name of any corporation or for a corporation desiring to conduct or engage in the business of erecting, constructing, reconstructing, repairing or remodeling any building and or structure located in the City of Ventnor City.
It shall be the purpose of this Board to review the actions or inactions of any registered builder or any of its agents, servants or employees in connection with construction, reconstruction, repair, remodeling or alteration of buildings and structures within the City of Ventnor City. The Board shall conduct hearings, where appropriate, into the construction of the building actions of registered builders or their agents, servants and employees. In the event that the Review Board determines that the actions of any registered builder or its agents, servants and employees in connection with construction, reconstruction, repair or remodeling and alterations of buildings and structures in the City of Ventnor City were a deviation from accepted building practices within the area or were a violation of a state or federal law or other ordinances of the City of Ventnor City, the Board shall have the right to revoke the registered builder's license for a period not to exceed one year. In the event that a registered builder's license is revoked, it shall be renewed upon payment of a fee to the City, following completion of the suspension period.
The Board may also refuse or revoke the registered builder's license for the following:
Making any misstatement on an application for a license or renewal of a license or examination;
Willfully and continually materially breaching a contract to which such licensee is a party as a construction contractor;
Performing such construction work in a willfully negligent manner;
Violating any provision of this chapter; or
Willfully diverting funds or property received for commencement or completion of a specific construction project for any other purpose.
If the complaint on which the Board is acting had been made by the Construction Official, then said Construction Official shall disqualify himself from that hearing except as a witness.
In the event that the Builder's Review Board conducts a hearing involving any registered builder, it shall give reasonable notice to the person or persons involved and shall permit such persons to be represented if they desire. Any formal action or recommendations taken by the Builder's Review Board shall be in writing, and a copy of such recommendations or actions shall be forwarded to the builder or other persons involved.
The Board shall have 30 working days following the date of the Board meeting to reach a decision of approval or denial of any application for license.
Any registered builder adversely affected by the decision of the Builder's Review Board shall have the right to appeal to the governing body of the City of Ventnor City to review the actions of the Builder's Review Board within a period of 20 days from receipt of written notice of the opinion, recommendation or formal action of the Builder's Review Board. In the event that such appeal is taken, the governing body, within 20 days of receipt of such appeal, shall conduct a hearing to review the actions of the Builder's Review Board. The governing body shall have the right to affirm, reverse, remand or modify the actions of the Builder's Review Board.
Any persons 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.
Examinations. All applicants for a contractor license shall be required to take and successfully pass a written examination, except as provided in § 96-5 of this chapter, designed to test the applicant's experience, ability and knowledge of the class of construction contracting for which the applicant is being examined.
Oral examination may be in lieu of written examinations for particular cases by express approval of the Board.
It is the purpose of an examination to determine whether or not 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 Board in its best judgment and discretion, to protect the public and the citizens of this City from slipshod or fraudulent work.
In the case of an applicant who employs a responsible managing employee, said employee may take the aforementioned examination.
Waiver of examination. The Board may, upon application to it and the payment of the prescribed fee, issue any class license without examination to any person who, within six months of the effective date of this chapter, shall submit satisfactory evidence that said person has been engaged in that respective class of contracting for at least two years prior to the date of the application. The Board may, upon application to it and the payment of the prescribed fee, issue any class license without examination to any person who can establish and document that said person has exhibited all the necessary skills and knowledge required to adequately perform in that class of construction contracting for which application is being made and that said person has, in fact, performed in a satisfactory manner for a period of at least two years prior to the date of application.
The Builder's Examination Board shall formulate the necessary questions for examination of all applicants for license. In no event shall passing rate be less than 70%. The builder's examination shall be offered as many times as agreed upon by the Builder's Examination Board, but at least four times a year.
Should any applicant be unsuccessful in passing the builder's examination, he may be permitted to retake the examination as many times as he or she wishes, but not less than three months after issuance of the previous examination.
The application for a license shall be filed with the Construction Official in such form as the Board shall prescribe and shall include but not be limited to the following information:
The name, address and business address and telephone number of the applicant.
Where the applicant is a corporation, partnership or other business entity, the applicant shall indicate the name and addresses of the officers or other persons upon whom service may be made.
A complete statement of the general nature of the applicant's contracting business.
The number of years the applicant has been in business and the location of such business.
A record of the previous experience of the applicant in the field of construction adequate to demonstrate the required ability of the applicant.
Whether the applicant has ever been licensed or had a professional or vocational license refused, suspended or revoked.
Every application shall be signed, if an individual, by the professional applying; if a partnership, by a copartner; if a corporation or joint venture, by its president or responsible managing employee. All persons signing the application shall swear to the truth of the statement therein before a notary public of the State of New Jersey.
All applications must be filed with the Construction Official at least two weeks immediately preceding a regular meeting of the Board in order to be considered by the Board at that meeting.
The fees for application, a construction contractor license or a renewal thereof shall be as follows, per year:
Application fee: $25.
Class I construction contractor license: $150.
Renewal of a Class I license: $100.
Class II construction contractor license: $100.
Renewal of a Class II license: $50.
Class III construction contractor license: $75.
Renewal of a Class III license: $50.
The fee for every new or renewal builder's license shall be as stated above. Every such license shall be for a term of one year and shall expire 365 days from the date of issuance. The license shall entitle the holder thereof to be known and designated as a "registered builder" of the City of Ventnor City. The license shall apply only to the person, firm, association or corporation so licensed and shall not be transferable.
[Amended 1-16-1992 by Ord. No. 9202]
A license may be renewed by the Board upon written application of the licensee and payment of the prescribed fee without reexamination. Such application must be made within 15 days after the expiration of any license.
Any licensee who fails to renew said license within the aforementioned fifteen-day period shall have six months 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 for an initial license.
No license issued hereunder shall be transferred or assigned. Any license so transferred or assigned shall be suspended or revoked by the Board.
"Class III license" shall mean a person or business operation limited to performance of work requiring special skill and knowledge to adequately perform satisfactorily. The following is a list of such functions: the installation, maintenance, alteration and inspection of mechanical heating systems, ventilating systems, cooling systems, chimneys and vents, mechanical refrigeration systems, fireplaces, barbecues, incinerators, crematories, air-pollution systems, fire-suppression systems and fire-protection systems.
"Class II license" shall mean a person or business operation limited to performance of work in a single trade requiring special skill and knowledge to adequately perform satisfactorily. The following is a list of such functions: siding, covering fascias and soffits, plastering, concrete and brick work, roofing, wooden steps, landing and patio and all other ordinary repairs that do not affect the structural value of the structure.
Class I shall cover all requirements in Class II and any other type of new construction, such as new buildings, additions, alterations, renovations, replacement and demolition.
Limitation of classification. No licensee shall act, assume to act or hold himself out to the public in the City of Ventnor City as a construction contractor in any classification other than those classifications for which such licensee is licensed.
All persons holding a Class I, II or III construction contractor license and their agents and employees are required to be covered by a policy or policies of liability insurance. Said policy or policies shall name the City of Ventnor City as an additional insured with respect only to liability coverage afforded by the policy(ies), insuring against bodily injury and property damages in an amount to be determined by the City, with a minimum of $300,000 combined single limit. Said liability insurance shall be the comprehensive general liability form and must include premises operations and independent contractors, product/complete operations, explosion, collapse and underground hazard, and automobile. A certificate of insurance for workers' compensation shall also be provided to the City. A certificate of insurance that confirms the aforementioned coverage(s) shall be submitted to the Construction Official prior to the issuance of a license.
[Amended 6-6-2002 by Ord. No. 2002-8]
In addition to such other bonds as may otherwise be required, any person engaged in the business of contracting under the provisions of this chapter shall not undertake to do any work in the City of Ventnor City thereof unless and until he shall have entered into bond in favor of the City of Ventnor City in the sum of $4,000, executed by a surety company authorized to transact business in the State of New Jersey, approved by the Department of Banking and Insurance, and to be conditioned on the faithful performance of the provisions of this chapter. The Board shall, by rule and regulation, provide who shall be eligible to receive the financial protection afforded by said bond. The aforesaid bond shall be for the term of 12 months and must be renewed upon expiration for the ensuing 12 months.
An action may be maintained on the bond required by Ordinance No. 8809, by any person injured, aggrieved or damaged through the failure of the obligor to perform the duties prescribed for contractors under the provision of Ordinance No. 8809 et seq. or any rule of the Board.
Persons performing work which would otherwise be covered by this chapter, if such person is an employee of the City of Ventnor City, the 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.
Persons performing contractor work for and under contract with the federal government or State of New Jersey, City of Ventnor City or the public, then such person is exempt from compliance of this chapter.
Property owners personally performing work on their property.
The provisions of this chapter shall not apply to any person engaged in any contracting activity authorized by the issuance of a license for such activity from the State of New Jersey.
No person shall be denied the privilege of continuing business in the event of death, illness or other physical disability of the representative thereof who qualified the person for a license for at least six months following the date of such death, illness or other physical disability, provided that said business is conducted under such qualified supervision as the Board deems adequate.
Every licensee who performs or supervises any installation, erection, repair or alteration under the Contractor's Licensing Act of 1988 shall assure that the work performed conforms to the standards of the New Jersey Uniform Construction Code in effect at the time the work is performed.
Every licensee who performs or supervises work described in Subsection A above shall, within a reasonable time after completion of the work, secure an inspection of the completed work in conformity with the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and the Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq.
Every such licensee shall be responsible for correcting, within a reasonable time and at no additional charge to the customer, any code violation discovered in the work performed or supervised by the licensee.
On or after the effective date of this chapter, it shall be unlawful for any person, firm, association or corporation to engage in the business of erecting, constructing, reconstructing, repairing or remodeling any building and/or structure or the installation, maintenance, alteration, inspection or repair of mechanical systems, fire-suppression and fire-protection systems or any other equipment specifically controlled by the provisions of this chapter in the City of Ventnor City unless such person has applied for and obtained a construction contractor license from the Board and has paid all fees as required in accordance with the provisions of this chapter and said license shall be furnished to the Construction Code Official certifying that such person, firm, association or corporation is qualified to engage in said business. With respect to a firm, association or corporation, it shall be sufficient if any one member of the group is so certified.
[Amended 2-2-1989 by Ord. No. 8903]
Any person, firm, association or corporation violating the provisions of this chapter shall be subject to a fine not to exceed $1,000 on the first offense and a fine not to exceed $5,000 on a second or subsequent offense. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.