BOROUGH OF NORWOOD

BOROUGH OF NORWOOD

ORDINANCE NO. =

AN ORDINANCE ADDING A NEW CHAPTER 107 TO THE CODE OF THE BOROUGH OF NORWOOD TO LICENSE CONTRACTORS

WHEREAS, the Mayor and Council of the Borough of Norwood has the authority to license contractors providing goods= and services in the Borough, and the purpose of this Ordinance is to add Chapter 107 to the Code of the Borough to require contractors to obtain licenses to protect the residents of the Borough.

NOW, THEREFORE, BE IT ORDAINED by = the Mayor and Council of the Borough of Norwood as follows:

Section 1: A new Chapter 107 shall= be added to the Code of the Borough as follows:

Chapter 107

CONTRACTOR LICENSING

§107-1.= Definitions.

As used in this chapter, the following terms s= hall be deemed to have the meanings indicated:

BOROUGH - The Borough of Norwood.

CONTRACTOR - Any person who provides or intends to provide or undertakes to provide any services in the Borough for a fee, the purpose of which is to add or remove rooms, dormers, or other make other improvements to structures, or to impro= ve, modernize, or modify existing rooms or structures, or to install, resurface= , or improve driveways or sidewalks, or any improvements for which a building or construction permit of any kind is required; or to provide services for the removal or extermination of termites and other insects, animal pests, and vermin; provided that the work shall be accomplished upon any structure or property in the Borough where persons reside or will reside upon completion= of the work, and further provided that the person or firm offering the services shall not be otherwise licensed by the State of New Jersey pursuant to the terms of any statute or regulations regarding the services.

PERSON - Any individual, copartnership, association, corporation, limited liability company, or joint-stock company, their lessees, trustees, or receivers appointed by any court whatsoever.

§107-2. License Required.

It shall be unlawful for any contractor to pro= vide services or begin any work in the Borough unless the contractor has obtaine= d a license from the Borough.

§107-3. Application; Requirements.

A. Applications for contractor licenses shall be made in writing, upon forms to be furnished by the Borough signed by the applicant, and filed with the Borough’s Construction Code Official. Applications shall contain or be accompanied by the following information:

1. For all applicants, the applicants name, business address, business telephone number, classification of work, and length of time in business.

2. If the applicant is an individual, the name, residence of the applicant; if a partnership or limited liability company, the names, and residences of all = the partners or members, together with the business name and address of the partnership or company; and if a corporation, the names, ages, and residenc= es of the president and secretary, and the period of residence in the state, county, and municipality, together with the business name and address of the corporation.

3. A copy of the applicant’s insurance policy or policies or certificates of insurance evidencing proof of insurance.

4. The name of the applicant’s insurance company, the number and the date of expiration of the policy or policies.

5. Whether the applicant has been found to have violated building code provisions and the details.

B. Applications made by corporations shall be signed in the name of the corporation by the president and attested by the secretary.

C. Applications shall be duly verified by the applicant before a notary= public or some other person duly authorized to administer oaths.

D. Each application shall be accompanied by the full amount of the required license fee.&n= bsp; All licenses are issued subject to collection of any check received = in payment.

§107-4. Annual Fee and Term of Licens= e.

A. The nonrefundable annual fee to be paid for each contractor licenses shall be f= ifty dollars ($50).

B. All licenses shall be for a term of one year, and may be reviewed annually upon submission of proof of insurance and payment of the license fee.

§107-5. License Issuance.

The Construction Code Official, upon the approval of an application for= a contractor’s license shall issue a license, in duplicate, provided th= at the applicant has complied with the terms and provisions of this chapter. <= /p>

§107-6. Grounds for Revocation or Den= ial of Renewal.

The following shall constitute the sole grounds for which the Construction Code Official may revoke a license or deny the issuance of a initial license or the renewal thereof:

A. Failure to carry worker’s compensation insurance.

B. Failure to comply with construction standards required by state laws= or regulations or local ordinances or codes after having been given a notice to cure such noncompliance and after the contractor has failed to effect compliance without just cause.

C. Failure to comply with the lawful instructions of the Construction C= ode Official regarding:

(1) Site safety= .

(2) Altering plans submitted for the obtaining of the building permit without first receiving the approval of the Construction Code Official.

(3) Failure to obtain any permit where required.

(4) One (1) owner/resident complaint against t= he contractor for unworkmanlike or unsafe services, which has been personally verified by the Construction Code Official or his deputy.

D. If the licensee or applicant has had any local contractor’s license revo= ked by any municipality in the State of New Jersey for any cause other than fai= lure to pay licensing fees.

§107-7. Appeals on Denial or Revocati= on of License.

If Construction Code Official has revoked or denied a license to an applicant or has refused to renew a license upon submission of the required fee, the aggrieved contractor may appeal the den= ial, in writing, to the Mayor and Council. Upon the filing of an appeal, the following steps shall be taken:

A. Upon receipt of the written appeal, the Borough Clerk shall set a da= te for the Mayor and Council to hear the appeal. This date may be adjourned for a reasonable time at the request of the Mayor and Council or the contractor.<= /p>

B. At the time, date and place set for the hearing, the Mayor and Council shall conduct an inquiry into the reasons for the action of the Construction Code Official and shall hear the contractor as to why the action was unreasonabl= e or improper. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.

C. At the conclusion of the hearing, the contractor and the Construction Code Official shall be dismissed from the hearing room, and the Mayor and Council shall immediately determine whether or not the denial of the license was pr= oper under the circumstances. If determined to be improper, the Council shall direct the Construction Code Official to issue the license. If the Council determines that the license denial was proper, it shall, in its discretion, take one of the following actions:

(1) Uphold the denial without further action;

(2) If circumstances warrant, issue the license conditioned upon the contractor’s adherence to steps imposed by the Mayor and Council, whi= ch are designed to reasonably ensure compliance by the contractor with this chapter; or

(3) If circumstances warrant, direct the issuance of the license at a future time = when any deficiencies that were the grounds for the denial have been cured by the contractor. The Council shall= set for the deficiencies in its ruling.

D. Within ten business days of the hearing date, the Council shall noti= fy the Construction code Official and the contractor, in writing, of its determination and any conditions that have been place upon the issuance of = the license by the Mayor and Council.

§107-8. Duties of Construction Code Official.

In addition to the enforcement of this chapter, the Construction Code Official shall ensure that the information contained = in applications for a local contractor’s license is current and that the applications for local contractor’s licenses are public documents and made available for inspection and copying by any interested person. He shall notify the owner of the property on which work is to be done by the contractor if the contractor do= es not carry public liability insurance.

§107-9. Violations and Penalties.

Any person or firm which fails to obtain a loc= al contractor’s license when required to do so by this chapter shall, or= who continues to provide services after a contractor’s license has been revoked if any work is commenced on any project covered by this chapter, sh= all be subject to a penalty of fine of up to one thousand dollars ($1,000), or imprisonment for not more than ninety (90) days, or both.

Section 2: All Ordinances or parts of Ordinan= ces that are inconsistent with the provision of this Ordinance are hereby repea= led, but only to the extent of such inconsistencies.

Section 3: The provisions of this Ordinance a= re severable. If any part of this Ordinance is declared to be unconstitutional or invalid by any Court, the remaining parts of this Ordinance will remain in full force and effect. = &nb= sp; Section 4: This Ordinance shall take effect u= pon passage and publication in accordance with law.

Passed second reading:

ATTEST: = &nb= sp;

= &nb= sp; = = &nb= sp;

Lorraine L. McMackin, = Michael B. Kaplan, Mayor

Borough Clerk

\\Nt‑server\ro= ses\NORWOOD\ORDINANC\LICENSE CONTRACTORS.wpd

BOROUGH OF NORWOOD=

455 BROADWAY

NORWOOD, NEW JERSEY

TELEPHONE: (201) 767-7200=

FAX: (201) 784-2270

Application for Local ContractorR= 17;s License

Contractor number = Fee charged =

= &nb= sp; = &nb= sp; =

Date = = Business telephone no. =

1.&n= bsp; Classification (Check all that apply).

a)&n= bsp; ( ) General contractor b) ( ) Con= tractor

c)&n= bsp; ( ) Subcontractor d) ( ) Sign contractor

e)&n= bsp; ( ) Roofing and siding f) ( ) Dem= olition

&nb= sp; contractor &= nbsp; contract= or

2.&n= bsp; Applicant’s name = &nb= sp; =

= &nb= sp; = &nb= sp; =

3.&n= bsp; Is applicant trading as an individual, limit= ed liability

company, partnership, or corporation? (Circle one)

4.&n= bsp; Individual

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>a)&n= bsp; Name = &nb= sp; = &nb= sp;

b) Business address = &nb= sp; =

= &nb= sp; = &nb= sp; =

&nb= sp; c) Home address = &nb= sp; =

= &nb= sp; = Home telephone = =

5.&n= bsp; Partnership or limited liability company

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>a)&n= bsp; Name and address of company = &nb= sp;

= &nb= sp; = &nb= sp; =

b) Name and address of all partners or members =

= &nb= sp; Home telephone = =

6.&n= bsp; Corporation

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>a)&n= bsp; Corporate name = &nb= sp; =

b) Business telephone = &nb= sp; =

c) Business address = &nb= sp; =

= &nb= sp; = &nb= sp; =

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>d)&n= bsp; Name and address of registered agent =

= &nb= sp; = &nb= sp; =

e) Name and address of all persons owning 10% or more o= f

the corporate stock = &nb= sp; =

= &nb= sp; = &nb= sp; =

f)&n= bsp; Name and residence address of President <= span style=3D'mso-spacerun:yes'> =

= &nb= sp; = &nb= sp; =

g)&n= bsp; Name and residence address of Secretary <= span style=3D'mso-spacerun:yes'> =

= &nb= sp; = &nb= sp; =

= 7.&n= bsp; State the length of time the applicant has b= een in business

= &nb= sp; = &nb= sp; =

= 8.&n= bsp; Is applicant licensed to work in any other municipalities

that require a contractor’s license? = &nb= sp;

= &nb= sp; = &nb= sp; =

a) Names of municipalities = &nb= sp;

= &nb= sp; = &nb= sp; =

b)&n= bsp; Has your contractor’s license in any o= ther municipality

been revoked for any reason? If so, please state name of the

municipality and the reason for revocation. = &nb= sp;

= &nb= sp; = &nb= sp; =

= 9.&n= bsp; Does applicant carry liability insurance? =

a) Amount of coverage = &nb= sp; =

b)&n= bsp; Name and address of company that provided the policy

= &nb= sp; = &nb= sp; =

= &nb= sp; = Policy Number =

= 10.&= nbsp; Do you carry worker’s compensation insurance as required by

law?

a) = Name and address of the company that underwr= ites the

policy. = &nb= sp; = &nb= sp;

= &nb= sp; = Policy Number <= span style=3D'mso-spacerun:yes'> =

b) = Expiration date of policy = &nb= sp;

11. = Attach copies of a certificate of insurance = or insurance

policy evidencing the insurance coverage referred to in questions

9 and 10.

12. = Have you even been found to have violated any construction

codes? Yes _ No

If your answer is Yes provide that name of the municipality, the

dates and an explanation of the offense.

I (we) certify that I (we) have read this application thoroughly and agree to conform to the provisions of all local and state regulations concerning building construction.

= &nb= sp;

Signature of Applicant

Sworn to and subscribed before me this

day of = , 20&nb