§ 12-7. BUILDING AND HOME IMPROVEMENT CONTRACTOR REGISTRATION.*

12-7.1 Findings and Purpose. The Mayor and Borough Council find that conditions exist in the Borough of Sayreville which have a negative effect upon the public health, safety and general welfare of the residents. The Mayor and Borough Council find that home improvement and building contractors are operating within the Borough of Sayreville without sufficient notice to the Borough and without sufficient supervision. The purpose of this Section shall be to provide regulatory measures which will seek to minimize the ability of unscrupulous and/or unqualified building contractors to prey upon the Borough's residents and at the same time educate qualified building contractors of the laws and regulations which must be adhered to.

(Ord. #426-95)

12-7.2 Title Established. This ordinance shall be known and may be cited as the "Building and Home Improvement Contractor Registration Ordinance."

(Ord. #426-95)

12-7.3 Registration Required.**

a.

No person shall engage in the business activity of constructing, erecting, altering, repairing, restoring, re-roofing, re-siding, remodeling, moving and/or demolishing the whole or any part of any building(s), or structure(s), which are used for or in conjunction with (e.g., accessory uses) any use, including the construction and installation of swimming pools for which a building permit is required, within the Borough of Sayreville, without first receiving a license from the Borough of Sayreville.

b.

The owner or occupant of a building or structure who performs any of the activities set forth in subsection a. of this Section on such building(s) or structure(s) as is (are) owned and/or occupied by him/her, or his/her business or family, shall not be required to be licensed in accordance with the provisions of this Chapter, provided that such owner or occupant performs and supervises his/her own work.

c.

In the event that an owner or occupant acts as a general contractor for the purpose of supervising work of building contractors hired as sub-contractors, shall be required to be licensed. No owner or occupant may seek enforcement of this section, nor any remedy provided in this section, unless the owner or occupant is in compliance with the terms and provisions of this section. An owner or occupant who is found to be in violation of these terms and provisions shall be subject to penalty as established in Chapter I, Section 1-5.

d.

A plumber, electrician, architect, professional engineer, or any other such person, who is required by law or State regulation to attain standards of competency or experience and to obtain a license as a prerequisite to engaging in such craft, occupation or profession, and who is rendering services, performing work, or otherwise acting exclusively within the scope of such craft, occupation or profession for which he is currently licensed pursuant to such other law or State regulation, shall not be required to be licensed pursuant to this section.

(Ord. #426-95)

12-7.4 Application for License.

a.

Applications for a license pursuant to this section shall be made to the Construction Official on a form prepared by the Construction Official and approved by the Mayor and Borough Council. The application must be signed by a person, partner, officer, director and/or trustee authorized to bind the applicant to the representations made therein. For the purposes of this section, the term "applicant" shall mean a person, partnership, corporation or other form of business organization or entity applying for a license pursuant to this section. Each license issued shall bear the signature of the Construction Official or, in the absence of the Construction Official, the Construction Official's authorized designee.

b.

The application shall set forth the following information:

1.

The applicant's name and address and the business name and business address, if different.

2.

Whether the applicant is an individual, a partnership, a corporation or any other type of business organization or entity, and if another type of entity, a full explanation and description of the type of entity, as well as all ownership interests in said entity.

3.

If the applicant is an individual, the applicant's residence address and date and place of birth.

4.

If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.

5.

If the applicant is a corporation or other form of business organization or entity, and:

(a)

The applicant is a non-publicly traded corporation, having less than thirty-five (35) shareholders or is registered under Subchapter "S' of the Internal Revenue Code, as may be amended or supplemented from time to time, the full names, residence addresses, dates and places of birth of each officer; (the term "officers," as used herein, means and includes the president, vice- president(s), secretary and treasurer of a corporate applicant); and each shareholder, the name and address of the registered agent and the address of the principal office; or

(b)

The applicant is a publicly traded corporation or has in excess of thirty-five (35) shareholders, the full name, residence address, dates and places of birth of each director and each officer; (the term "officers," as used herein, means and includes the president, vice president(s), secretary and treasurer of a corporate applicant); the name and address of the registered agent and the name and residence address, dates and places of birth of any stockholder owning or having an interest, either legal or equitable, of ten (10%) percent or more of the stock issued and outstanding of the applicant corporation; or

(c)

The applicant is not an individual, partnership, corporation, but is some other form of business organization or entity, a description of the type of organization, entity, the full names, residence addresses, dates, place of birth of each person owning or having legal or equitable interest aggregating in value ten (10%) percent or more of the total capital worth of said entity, the name and address of the registered agent, if any, and the address of the principal office.

6.

Whether the applicant or any partners, officers, directors, shareholders, equity interest holders or trustees as described in subsection 12-7.4 b, 5, have ever been convicted of a crime and, if so, the name of the partner, officer, director, shareholder or trustee convicted, the date of the conviction, the crime involved and the disposition thereof and such comment or explanation concerning the (conviction/violation) as the applicant may care to make.

7.

Whether any of the partners, officers, directors, shareholders or trustees have been found to have violated any State, County or municipal laws or regulations with respect to the construction or demolition of any building(s) or structure(s), as defined herein, and if so, the name of the partner, officer, director, shareholder, or trustee found in violation, the date of the violation, the specific nature of the violation and the disposition of the violation and such comment or explanation concerning the (conviction/violation) as the applicant may care to make.

8.

The number of years the applicant has been in business, the number of years the applicant has been located at its present business address, and the address of any prior locations for the prior seven (7) years, if any.

9.

The class in which the applicant desires to be licensed, selecting one or more of the classes designated in subsection 12-7.6 below.

10.

Whether any application for a similar type of license has been made to any other municipality of the State of New Jersey. If so, the name of each such municipality, date of the most recent application to each municipality, and whether such application(s) was/were granted or denied, and if denied, the reason for the denial and such comment or explanation concerning the denial as the applicant may care to make with respect to each.

11.

Whether any license has been previously issued to the applicant by the State of New Jersey, or any County or municipality, which was subsequently revoked. If revoked, such comment or explanation concerning the revocation as the applicant may care to make.

12.

The company name and policy number of the applicant's worker's compensation insurance and the company name and policy number of the applicant's comprehensive liability insurance evidencing coverage in the amount of not less than one million ($1,000,000.00) dollars.

13.

Whether the applicant has performance bonding to insure the satisfactory completion of work to be performed, and if so, the name of the bonding company, the bond number and the amount of the bond.

14.

Whether the applicant guarantees/warranties work performed, and if so, for how long, and the name of guarantee/warranty surety company.

15.

Such other information as the Construction Official deems necessary and proper to complete the investigation required under this Chapter.

c.

Upon receipt of the application for license the Construction Official shall refer the application to the Borough Clerk, the Borough Tax Collector, and the Chief of Police. The Borough Tax Collector or the Tax Collector's designee and the Chief of Police or the Chief of Police's designee, shall immediately commence investigation of the applicant's business responsibility in a manner substantially the same as the investigation procedure set forth in Section 8-1 et seq. of the General Licensing provisions of the Revised General Ordinances of the Borough of Sayreville. The Borough Clerk or the Borough Clerk's designee shall review the application to determine whether the applicant, or any of the applicant's officers, directors, shareholders or partners has been denied a license by the Borough for the previous seven (7) years. The Construction Official or the Construction Official's designee shall review the application to determine whether the applicant has demonstrated sufficient training, qualification and experience to be issued a license pursuant to this section.

d.

Upon receipt of satisfactory reports from all municipal officials pursuant to subsection 12-7.4c. and upon the receipt of the required license fees, the Construction Official shall immediately issue the license. A copy of the license shall be kept on file in the Construction Official's Office and in the Borough Clerk's Office.

e.

Any applicant may be denied a license should the investigation performed disclose the existence of any one or more of the grounds listed in subsection 12-7.7 below.

(Ord. #426-95; Ord. #442-95, §§ I, II; Ord. #471-96)

12-7.5 License Fees and Terms.

a.

Upon filing of an initial application, the applicant shall make payment to the Borough of Sayreville through the Construction Office, a license fee of twenty-five ($25.00) dollars. A similar fee shall be paid upon the filing of an application for annual renewal of a previous license which has been caused to lapse, or for reissuance of a previous license following revocation and subsequent reinstatement of the license. A licensee holding a license in any one or more of the classes of licensing as set forth in subsection 12-7.6 below, who wishes to obtain a license for any additional class shall pay a fee of ten ($10.00) dollars for each additional class of license for which application is made.

b.

The term of such license shall run from January 1 to December 31 of the year in which such license is issued and the license shall require renewal on a calendar-year basis.

c.

A licensee shall file an application for renewal upon a form supplied by the Construction Official and along with the application for renewal, the licensee shall pay a renewal fee of fifteen ($15.00) dollars. Applications for renewal shall be made in the final three (3) months of the calendar year (i.e., October, November or December) in the year preceding the year for which the license is sought. Failure to renew any license on or before December 31 of the license calendar year shall cause the license to lapse. Any application for renewal of a license which has been caused to lapse for any reason shall be deemed to be an original application. A license issued pursuant to this section shall be automatically renewed by the Construction Official for so long as the applicant is in compliance with the provisions of this section.

(Ord. #426-95)

12-7.6 Classes of Licensing. For the purpose of this Chapter, there shall be the following classes for licensing:

a.

General Contractor or Builder. This class of license shall include a contractor who engages in the business activities related to the construction of a building or structure from start to finish and/or the alteration, addition to, or repair of any building(s) or structure(s). This class of contractor shall be equipped to handle such work either by and through the contractor's own organization or with the assistance of appropriate subcontractors, and in the latter event, the general contractor shall be deemed completely responsible for the work of all subcontractors.

b.

Roofing and Siding Contractor. This class of license shall include a contractor who is engaged in the business activities of applying roofing and siding materials to existing or new buildings or structures.

c.

Demolition Contractor. This class of license shall include a contractor who is engaged in the business activities related to the demolition of any building(s) or structure(s), in whole or in part.

d.

Structure Moving Contractor. This class of license shall include a contractor who is engaged in the business activities of the moving of any building(s) or structure(s).

e.

Swimming Pool Contractor. This class of license shall include a contractor who is engaged in the business activities related to the installation of swimming pools, their equipment and appurtenances.

f.

Driveway or Paving Contractor. This class of license shall include a contractor who is engaged in the business activities related to the construction of, or repair of, driveways and/or walkways consisting of tar macadam, bituminous, concrete or such paving materials. Nothing in this subsection shall require a contractor who is constructing a driveway or walkway of the aforementioned paving materials to obtain both this class of license and the class of license listed in subsection 12-7.6g. below, provided that this class of license is obtained.

g.

Mason Contractor. This class of license shall include a contractor who is engaged in the business activities related to the construction of stone, concrete, brick or other masonry building(s) or structure(s). Nothing in this subsection shall require a contractor who is constructing a driveway and/or walkway of the aforementioned masonry materials to obtain both this class of license and the class of license listed in subsection 12-7.6 f. above, provided that this class of license is obtained.

(Ord. #426-95)

12-7.7 Denial or Revocation of License.

a.

The Construction Official or the Construction Official's designee may deny an application for license or recommend revocation of a license upon the happening of any of the following events:

1.

A conviction for a felony or high misdemeanor or a crime involving moral turpitude.

2.

Prior violations of statutes, laws, ordinances or regulations of the United States of America, the State of New Jersey or any county or municipality thereof relevant to the construction, erection, alteration, repair, restoration, re-roofing, remodeling, re-siding, moving and/or demolition of any building structure or part thereof, or any swimming pool.

3.

A determination that the applicant has committed prior acts of fraud, misrepresentation or similar dishonest conduct in the application for a permit or license.

4.

The establishment of the existence of a record of repeated, continuous, successive and/or persistent breaches of contracts for work of the type for which a license is sought.

5.

Conduct of the licensed activity, whether by the licensee, or any of the licensee's officers, directors, agents, servants or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.

6.

Failure to demonstrate training or experience in the class in which the applicant seeks to be licensed.

7.

Failure to carry workers' compensation insurance or contractors' comprehensive liability insurance in the amount of not less than one million ($1,000,000.00) dollars.

8.

Failure to comply with construction standards required by State law or regulation or local ordinance or code after having been given thirty (30) days' written notice to cure such noncompliance by the Construction Official, Subcode Official or authorized designee.

9.

Failure to promptly abate any site condition without just cause, following written notice from the Construction Official, Subcode Official or authorized designee, that said condition poses an imminent danger to the health, safety or general welfare of the residents of the Borough of Sayreville.

10.

A determination by the Construction Official or authorized designee that the applicant has a record of numerous and/or repeated complaints filed by residents for unsafe, unworkmanlike, deceitful or unscrupulous business practices.

11.

A determination by the Construction Official or authorized designee that the applicant has been denied a license, or had a license revoked by the Borough, within the past seven (7) years.

12.

A determination by the Construction Official or authorized designee that the applicant has been denied a license to operate a business or construction related activity, or had a license to operate a business or construction related activity revoked by the State of New Jersey, or any county or municipality of the State of New Jersey.

13.

Grounds similar to those listed above which would cause the Construction Official, Subcode Officials or Borough Engineer to determine that the business or technical ability of the applicant would not be satisfactory to render services in accord with the standards set forth in subsection 12-7.6.

b.

Prior to the denial of an application or the revocation of a license, the Construction Official or the Construction Official's designee shall serve written notice of the contemplated action upon the licensee, applicant or the registered agent of the licensee or applicant as is necessary to effectuate service of said notice. The notice shall contain a statement summarizing the basis for the proposed action. The notice shall advise the applicant or licensee of the right to request a hearing on the matter before the Mayor and Council. The notice shall advise the applicant or licensee that a request for a hearing must be submitted in writing to the Construction Official and the Borough Clerk within thirty (30) days of the date of receipt of the notice. The notice shall also advise that failure to request the hearing within the stated time specified in the notice shall be deemed to be a waiver of the right to a hearing and shall result in an automatic revocation or denial. If a hearing is requested, the applicant or licensee may be represented by legal counsel; however, if the applicant or licensee is a corporation, the licensee shall be represented by an Attorney-at-Law of the State of New Jersey.

(Ord. #426-95; Ord. #442-95, §§ I, II; Ord. #471-96)

12-7.8 Enforcement.*** The Construction Official and all designated subcode officials shall be charged with the proper enforcement of the provisions of this section; however, nothing herein shall be deemed to limit the jurisdiction of any other department or office of the Borough of Sayreville, County of Middlesex, State of New Jersey or United States of America charged with the responsibility of enforcing any other law or regulation. Any person, partnership, corporation, business, organization or entity found to have violated the provisions of this ordinance may be fined pursuant to the General Penalty provisions, subsection 1-5.1 et seq., of the Revised General Ordinances of the Borough of Sayreville.

(Ord. #426-95)

* Prior ordinance history: Ordinances 1096, 1112, and 1126.

** Editor's Note: Effective January 1, 1996.

*** Editor's Note: Effective January 1, 1996.