This chapter shall be known and may be cited as the "Glenolden Borough
Contractor Licensing Ordinance."
The Council and the Planning Commission find it to be in the best interest
of the residents of the Borough of Glenolden, Delaware County, Pennsylvania,
that persons or firms who engage in construction, repairs, remodeling, rehabilitation
or demolition and/or operating as general contractors, subcontractors, specialty
contractors and/or home improvement contractors shall be required to obtain
a license from the Borough of Glenolden for such purpose, to the end that
only responsible and qualified persons shall be permitted to engage in such
business in said Borough of Glenolden.
As used in this chapter, unless the context clearly indicates a different
meaning, the following terms shall have the meanings indicated:
CONTRACT
An agreement, whether oral or written, and whether contained in one
or more documents, between a contractor and an owner or another contractor
for the performance of work, including all labor, services and materials to
be furnished and performed thereunder.
CONTRACTORS
Any person, other than a bona fide employee of the owner, who undertakes
or offers to perform construction, repair, reroofing, remodeling, rehabilitation,
demolition, paving and any other residential or nonresidential construction
or demolition work in the Borough, whether as a general contractor, subcontractor,
specialty contractor or home improvement contractor.
INSPECTOR
The Building Inspector and/or the Code Enforcement Officer of the
Borough.
LICENSE YEAR
The twelve-month period beginning on January 1 of each year.
OWNER
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, or any person entitled to the
work of a contractor pursuant to a contract, gift or otherwise.
PERSON
Any individual, partnership, limited partnership, corporation and/or
other such similar entity.
The Inspector or his or her designated representative shall administer
and enforce this chapter.
No person shall act as a contractor in the Borough except in compliance
with the provisions of this chapter. Any person, including an owner, who willfully
aids a contractor or participates with a contractor in violating any provision
of this chapter is also in violation of this chapter.
A license issued pursuant to this chapter shall not be construed to
authorize the licensee to perform any particular type of work or type of business
which is reserved to qualified licensees under the other provisions of state
or local law.
[Amended 5-9-1996 by Ord. No. 1028,
approved 5-9-1996]
A. At the time of the application for a new license or for
the renewal of a current license, the applicant shall pay to the Inspector
a license application fee of $50 made payable to the Borough.
B. No fee or portion thereof shall be returned to any applicant.
C. The license fee shall be doubled to $100 for any contractor
that does not obtain the license before commencing to work in the Borough.
Every contractor licensee shall, within 10 days after a change in ownership,
directors, officers, management, address or trade name, notify the Borough,
in writing, of such change.
Any of the following circumstances is sufficient cause to deny the issuance
of a license under this chapter or a renewal thereof or for revoking a license
previously issued:
A. The applicant falsely answered any question contained
on the application form.
B. The applicant has been refused a similar contractor's
license or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal if the refusal, revocation or suspension by the other
municipality was due to failure to comply with that municipality's building
codes.
C. The licensee fails to maintain, during the license year,
the policies of insurance required under this chapter.
D. The licensee violates any of the provisions of the Building
Code (Chapter 54, Building Construction) or any provision of this chapter.
E. The licensee violates any condition or requirement of
a building permit, sewer construction permit or highway permit issued by the
Borough.
F. The licensee willfully deviates from or disregards any
plans or specifications for a contracting job in a material respect without
first obtaining the consent of the owner, in writing, to such change and without
first notifying the Inspector of such change.
G. The licensee does business through a person who is subject
to the licensing requirements of this chapter but who is not licensed as required
by this chapter.
H. The licensee conducts a contractor's business in
the Borough under a name other than that under which he or she is licensed.
I. The licensee fails to comply with an order, demand or
requirement lawfully made by the Inspector under the authority of this chapter
or any other Borough ordinance.
In addition to refusal or revocation of a license as provided in §
65-13, whoever violates or fails to comply with any of the provisions of this chapter shall be fined up to $1,000 for each offense, together with the costs of prosecution, or shall be subject to imprisonment in the county jail for a term not to exceed 30 days or an equal amount of time in community service to be designated by the District Justice, or both. The fine imposed under this section shall be in addition to any other penalty imposed by this chapter.