City of Scranton, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Scranton 12-13-1999 by Ord. No. 155-1999; [1] amended in its entirety 12-15-2016 by Ord. No. 63-2016. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Contracting procedures — See Ch. 41.
Building construction — See Ch. 187.
Electrical standards — See Ch. 215.
Explosives and blasting agents — See Ch. 221.
Fire prevention — See Ch. 243.
Gas piping standards — See Ch. 272.
Hazardous standards — See Ch. 278.
Heating and air-conditioning systems — See Ch. 290.
Littering — See Ch. 305.
Mechanical standards — See Ch. 313.
Plumbing — See Ch. 345.
Condemned property — See Ch. 359.
Property maintenance — See Ch. 360.
Streets and sidewalks — See Ch. 412.
Zoning — See Ch. 445.
[1]
Editor's Note: This ordinance also repealed former Ch. 203, Contractors, adopted by Ord. No. 129-1986 as Ch. 7, Art VIII, of the 1979 Code.

§ 203-1 Definitions and interpretation.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and neuter.
AGENT or RESPONSIBLE OFFICER
Any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association.
[Added 12-15-2016 by Ord. No. 63-2016]
APPRENTICE
A person who is engaged in learning a trade under the direction or instruction of a master contractor or journeyman and/or who is enrolled in the United States Department of Labor/Bureau of Apprenticeship training program.
[Amended 12-15-2016 by Ord. No. 63-2016]
AUTOMATIC FIRE SUPPRESSION SYSTEM CONTRACTOR
Any person, partnership or corporation who offers to contract as an automatic fire suppression system contractor with another to do automatic fire suppression work in the City of Scranton; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing foam, halogenated, wet-spray, wet-chemical extinguishing systems or a portable fire extinguisher; and who carries on such business as an automatic fire suppression system contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
AUTOMATIC SPRINKLER SYSTEM CONTRACTOR
Any person, partnership or corporation who offers to contract as a fire protection contractor with another to do fire protection work in the City of Scranton; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing fire protection systems; and who carries on such business as a fire protection contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
BOARD
The Building Board of Appeals as established through Ordinance No. 20 of 1964, Section 7.[1]
BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODE ADVISORY AND LICENSE BOARD (hereinafter referred to as the "Licensing Board")
Those appointed by the Mayor with the advice and consent of City Council. Said Boards shall have the authority to review and approve applicants for licensing examinations to qualified individuals.
BUREAU
The Bureau of Inspections and Licensing, Department of Community Development of the City of Scranton.
CARPENTRY CONTRACTOR
Any person, partnership, LLC or corporation who offers to work as a carpentry contractor (after passing the proper examination) with another to perform rough framing, trusses, sheathing, metal framing, paneling, trim, cabinetry, doors, windows, stairs and incidental hardware work conforming to PA UCC standards within the City of Scranton on residential or commercial buildings. This term shall not include the construction of new commercial buildings, the removal or cutting of any structural beam or bearing support on commercial buildings, nor shall the term mean services related to any plumbing, electrical or mechanical work in both residential or commercial buildings conforming to UCC standards.
[Added 12-15-2016 by Ord. No. 63-2016]
CITY
The City of Scranton.
CONTRACTOR
Any person who undertakes or offers to undertake or agrees to perform any home improvement, property improvement or construction.
CORPORATION
A body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties.
DEMOLITION CONTRACTOR
Any person, partnership, LLC or corporation who offers to work as a demolition contractor (after passing the proper examination) with another to perform the demolition and removal of structures and buildings conforming to PA UCC standards within the City of Scranton on residential or commercial buildings.
[Added 12-15-2016 by Ord. No. 63-2016]
DEPARTMENT
The Department of Licensing, Inspections and Permits (LIPS).
[Added 12-15-2016 by Ord. No. 63-2016]
DIRECTOR/BCO
The Director of Licensing, Inspections and Permits and Building Code Official for the City of Scranton.
[Added 12-15-2016 by Ord. No. 63-2016]
ELECTRICAL INSPECTOR
One who shall enforce all provisions of the Electrical Code as adopted by the City.[2] Said official shall have the administrative authority to promulgate rules and regulations which serve to interpret or supplement the provisions of the code so long as such rules conform to the intent of the code. Said official shall act on questions relative to the installation, alteration, repair, maintenance or operation of all electrical systems, fire protection signaling systems, emergency lighting, alarm and communication systems, devices and equipment, as well as other cases relating to electrical matters. Said official shall issue permits and direct collection of the respective permit fees.
ELECTRICAL CONTRACTOR
Any person, partnership or corporation who offers to contract as an electrical contractor with another to perform electrical work within the City of Scranton; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing electrical, communication and/or fire alarm systems; and who carries on such business as an electrical contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of electricians employed on the work engaged in by said person, partnership or corporation.
FIRE ALARM CONTRACTOR
Any person, partnership or corporation who offers to contract as a fire alarm contractor with another to perform fire alarm work in the City; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing fire alarm systems, automatic fire detection systems under 50 volts; and who carries on such business as a fire alarm contractor, having the final determination and the full responsibility for the manner in which the work is completed, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
GENERAL CONTRACTOR
Any person, partnership or corporation who offers to contract as a general contractor with another to perform general construction work in the City of Scranton; engages in the construction and/or repairs and renovations of single- and/or multiple-family dwellings, commercial, educational, institutional, manufacturing or industrial buildings; and who carries on such business as a general contractor having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of subcontractors and mechanics employed on the work engaged by said person, partnership or corporation.
HOME IMPROVEMENT
The construction, repair, replacement, alteration, addition, remodeling, conversion, modernization, improvement of/to any land or residential building; and shall also include the construction, replacement, or improvement of driveways, swimming pools, porches, garages, landscaping, fences, fallout shelters and other improvements to structures or upon land which is adjacent to dwelling. "Home Improvement" shall not include 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.
[Amended 12-15-2016 by Ord. No. 63-2016]
HOME IMPROVEMENT CONTRACT
An agreement, whether oral or written, or contained in one or more documents, between a contractor and an owner for the performance of a home improvement, and includes all labor, services and materials to be furnished thereunder.
HOME IMPROVEMENT CONTRACTOR
Any person, partnership or corporation who offers to contract as a Home Improvement Contractor with another to perform Home Improvement on residential buildings (one- and two-family dwellings and townhouses) work in the city, engages in the construction, repair, replacement, alteration, addition, remodeling, conversion, modernization, improvement to any land or residential building, driveway, sidewalk, porch, garage landscaping, fence and other improvement to structures or upon land which is adjacent to a dwelling house. Said contractor shall carry on such business as a home improvement contractor having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of the mechanics employed on the work engaged in by said person, partnership or corporation. Home improvement shall not include the construction of a new home, the demolition of a residential structure (except those structures exempt from permit requirements under the UCC), the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or re-arrangement of parts of a structure affecting the exit requirements, nor shall a home improvement contractor, replace or relocate any stand pipe, water supply, sewer drainage, gas, waste, vent or similar piping, electrical wiring or mechanical.
[Amended 12-15-2016 by Ord. No. 63-2016]
JOURNEYMAN
An individual who has sufficient skill and knowledge of a trade, craft or occupation, either through formal apprenticeship or through practical on-the-job experience, to be recognized by a state or federal registration agency and/or an industry as being fully qualified to perform the work of the trade, craft or occupation.
LICENSEE
Any person to whom a license is issued pursuant to the provisions of this chapter.
MASONRY CONTRACTOR
Any person, partnership or corporation who contracts as a masonry contractor with another to perform masonry work in the City of Scranton; engages in or carries on the business of masonry work which involves the installation of brick, block, stone, slate, brick pavers, precast stone, preconcrete plank or any other related masonry products; and who carries on such business as a masonry contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of the mechanics employed on the work engaged in by said person, partnership or corporation.
MECHANICAL INSPECTOR
One who shall enforce all provisions of the Mechanical Code.[3] Said official shall have the administrative authority to promulgate rules and regulations which serve to interpret or supplement the provisions of this code so long as such rules conform to the intent of the code. Said official shall act on questions relative to the installation, alteration, repair, maintenance or operation of all mechanical systems, fire protection and fire suppression devices and equipment. Said official shall issue permits and direct collection of the respective permit fees.
MECHANICAL CONTRACTOR
Any person, partnership or corporation who offers to contract as a mechanical contractor with another to perform mechanical work in the City of Scranton; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing heating and ventilation systems, air-conditioning systems, refrigeration systems, process piping and sheet-metal work; and who carries on such business as a mechanical contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
OWNER
Any homeowner, tenant or any other person who orders, contracts for or purchases the home improvement service of a contractor, or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract.
PARTNERSHIP
A legal relation existing between two or more persons contractually associated as joint principals in a business.
PERSON
An individual, partnership, corporation, trust, association, owner, contractor, salesman or any other legal entity.
PLUMBING INSPECTOR
One who enforces all provisions of the Plumbing Code.[4] Said official shall have the administrative authority to promulgate rules and regulations which serve to interpret or supplement the provisions of the code so long as such rules and regulations conform to the intent of the code. Said official shall act on questions relative to the installation, alteration, repair, maintenance or operation of all plumbing system devices and related equipment. Said official shall issue permits and direct collection of the respective permit fees.
PLUMBING CONTRACTOR
Any person, partnership or corporation who offers to contract as a plumbing contractor with another to perform plumbing work in the City of Scranton; engages in or carries on the business of plumbing or pipe-fitting work which involves the installation of or the roughing in or openings for one or more water closets, toilets, sinks, washtraps, washtubs, washbasins, leader connections, floor drains, septic tanks or other item or equipment utilizing water or other liquids to carry away waste or sewage or for any similar purpose or to repair or install water supply pipes or to repair or install waste sewage lines; and who carries on such business as a plumbing contractor having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
PRESIDENT
The chief officer of an organization entrusted with the direction and administration of its policies.
RESIDENTIAL BUILDING
Also known as a private residence. Residential building shall be defined as one- and two-family dwellings and townhouses.
[Added 12-15-2016 by Ord. No. 63-2016]
RESIDENTIAL CONTRACTOR
Any person, partnership, LLC or corporation who offers to work as a residential contractor (after passing the proper examination) with another to perform electrical, plumbing, or mechanical work conforming to PA UCC standards within the City of Scranton on residential buildings (one- and two-family dwellings and townhouses). The requirements for a residential contractor shall meet the minimum requirements for a journeyman as defined in this chapter. The term "home improvement" or its meaning shall not apply to a residential contractor. Residential contractor will replace the term journeyman contractor.
[Added 12-15-2016 by Ord. No. 63-2016]
ROOFING CONTRACTOR
Any person, partnership, LLC or corporation who offers to work as a roofing contractor (after passing the proper examination) with another to perform the installation, repair, and replacement of roof coverings, including roof deck installation, roof coating, painting, covering, and installation of nonstructural decking and siding work conforming to PA UCC standards within the City of Scranton on residential or commercial buildings.
[Added 12-15-2016 by Ord. No. 63-2016]
SECURITY AND COMMUNICATION CONTRACTOR
Any person, partnership or corporation who offers to contract as a security and communication contractor with another to perform security and communication work in the City of Scranton; engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing security systems and/or telephone systems under 50 volts; and who carries on such business as a security and communication contractor, having the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of mechanics employed on the work engaged in by said person, partnership or corporation.
SECRETARY
An officer of a business concern who may keep records of directors' and stock holders' meetings, stock ownership and/or help supervise the company's legal interests.
THIRD PARTY AGENCY
A certified business or company outside the City that is contracted with the City to perform specific duties.
[Added 12-15-2016 by Ord. No. 63-2016]
TREASURER
The executive financial officer of a business concern.
VICE PRESIDENT
An officer next in rank to a president and empowered to serve as president in that officer's absence or disability.
[1]
Editor's Note: Ordinance No. 20-1964 is on file in the City offices.
[2]
Editor's Note: See Ch. 215, Electrical Standards.
[3]
Editor's Note: See Ch. 313, Mechanical Standards.
[4]
Editor's Note: See Ch. 345, Plumbing.

§ 203-2 Contractor's license.

A. 
A contractor's license shall be a license issued to a contractor as herein defined, who by passing the required examination and tests has qualified as a competent contractor.
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
In the case of a partnership, the required examination and test shall be taken and passed by at least one partner, and the contractor's license shall be issued to that individual as a representative of the partnership the partner must show proof of ownership or show proof of being an authorized agent of the partnership, the individual is licensed, not the partnership.
(2) 
In the case of a corporation, the required examination and test shall be taken and passed by at least one partner, and the contractor's license shall be issued to that individual as a representative of the corporation the partner must show proof of ownership or show proof of being an authorized agent of the corporation, the individual is licensed, not the corporation
(3) 
The following categories of Contractors shall take a written examination to determine the individual's qualifications on the theory and practice of contracting work. Any person wishing to sit for an examination must possess the practical experience and requirements as defined by this chapter in order to be qualified to take the examination:
(a) 
General contractor.
(b) 
Master plumbing.
(c) 
Master mechanical.
(d) 
Fire alarm.
(e) 
Automatic fire suppression.
(f) 
Automatic sprinkler.
(g) 
Masonry.
(h) 
Demolition.
(i) 
Roofing.
(j) 
Carpentry.
(k) 
Residential contractor.
(4) 
Alternate means for a Master Contractor license: Any licensed journeyman for which said journeyman has held a valid continual license for a period of eight years or more and that has the following information in addition to the existing application requirements shall be exempt from the requirements of taking the masters test and shall be granted a master contactor license. Additional requirements shall be:
(a) 
W-2 forms for the 10 plus years to submit as proof. In the case where W-2 forms cannot be provided, notarized referral letters from a licensed/master contractor(s) for whom the applicant was employed may be a substitute.
(b) 
Letters of referral/recommendation by:
[1] 
Any master and/or licensed contractor for whom a contractor was employed for a period of three years or more.
[2] 
One authorized third party inspection agency.
[3] 
Five letters from customers the contractor has performed work for.
[4] 
Three letters from contractors in the construction field (separate fields preferred).
[5] 
One letter from licensed design professional within the state of Pennsylvania (engineer, architect etc.).
(c) 
Referral letters should include but limited to: number of years employed, extent of such experience, professionalism, quality of work performed, reliability, and competence in the said field. All referral/recommendation letters shall be notarized.
B. 
Experience and education.
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Any person wishing to apply for a contractor's license, including, but not limited to the following categories, (general construction, residential construction, plumbing, mechanical, masonry, demolition, roofing and carpentry) shall have had at least four years of practical experience gained while employed in contracting work. The applicant must produce their W-2 forms for these four years of employment under a master and/or licensed contractor. In the case where the W-2 forms cannot be provided with just cause, field experience along with letters of recommendations shall be a substitute. Letters of recommendation shall include: two letters from licensed contractors that they worked under, three letters from customers that they performed work for and a letter of recommendation from a contractor in another field. If the applicant had only worked for one master contractor during their work experience then one letter of recommendation shall be sufficient. All referral/recommendation letters shall be notarized.
(2) 
Satisfactory completion of four years of college covering contracting work shall be equivalent to three years of practical experience. Proof of education must be submitted when applying.
C. 
Applicants for a license shall be at least 18 years old.
D. 
Applicants for an initial contractor's license in any field shall attain a passing grade of 70% in such examination as the Director/BCO requires and shall secure a license within 30 days of examination result notification.
[Amended 12-15-2016 by Ord. No. 63-2016]
E. 
Every apprentice shall register his or her name and address with the Licensing, Inspections and Permits Department and must renew such registration annually. The fees for the original registration document, and for annual renewal of the same, shall be established by the Director/BCO to cover the administrative costs of issuing such documents.
[Amended 12-15-2016 by Ord. No. 63-2016]
F. 
Subcontractors. Subcontractors working for a prime contractor shall have a contractor's license issued by the City.
G. 
No license shall be transferable.
H. 
A single license shall not be used to qualify more than one entity to perform contracting work within the City, i.e., an individual who possesses a valid license shall not be permitted to perform work as a sole proprietor and as a partner. This example used for illustrative purposes only and is not intended to cover every situation which may arise under this subsection.
I. 
An apprentice shall be supervised by a master or journeyman of the trade. A master or journeyman may not supervise more than three apprentices on the job site.
[Amended 12-15-2016 by Ord. No. 63-2016]
J. 
All licensed contractors shall prominently display their license ID number on their work vehicle.
[Added 12-15-2016 by Ord. No. 63-2016]
K. 
The Director/BCO shall have the discretion to issue a license for just cause in the event certain required information pertaining to contractor's licenses cannot be produced.
[Added 12-15-2016 by Ord. No. 63-2016]

§ 203-3 Application for license; one-time license; requirements for different types of licenses.

A. 
License required. Except as otherwise specifically exempted by the provisions of this chapter, no person shall act in the capacity of a contractor or journeyman unless said person possesses a valid license and is authorized to do so by a license issued in accordance with the provisions of this chapter.
B. 
Application for license. No license shall be issued by any Licensing Board unless the applicant files an application setting forth:
(1) 
The name and address of the applicant.
(2) 
Trade name, if applicable, and business address of the applicant.
(3) 
Proof of the amount of any technical school training in contracting work received by the applicant.
(4) 
Proof of the amount of practical experience received in contracting work gained by the applicant.
(5) 
Social security number of the applicant.
(6) 
City, state and federal employer identification number, if any, of the applicant's business.
(7) 
Any other information that the Director/BCO deems necessary to determine the eligibility of the applicant.
[Amended 12-15-2016 by Ord. No. 63-2016]
(8) 
Proof of general liability insurance.
[Added 12-15-2016 by Ord. No. 63-2016]
(9) 
Test results for said trade.
[Added 12-15-2016 by Ord. No. 63-2016]
C. 
One-time license.
[Amended 12-18-2014 by Ord. No. 69-2014; 12-15-2016 by Ord. No. 63-2016]
(1) 
The Director/BCO may issue a onetime license to an individual not normally doing contracting work in the City, after the applicant's application has been reviewed by the Director/BCO. This onetime license shall be for a specific job or construction and validity of the onetime license will terminate upon completion of the work. Said work shall be work which shall be permissible under on permit at one location. Should said individual desire to obtain further work in the City, he shall be required to fulfill all requirements as defined by this chapter. The fee for said onetime license shall be $400 per file of the Council No. 69, 2014.
(2) 
In order to be considered for a onetime license, the applicant shall submit proof of his eligibility to the Director/BCO. Said proof shall include, though not be limited to the following:
(a) 
Valid contractor's license equivalent to that of the City issued by another municipality to the applicant; or
(b) 
If not from another municipality, proof of experience in said field. Experience shall meet the minimum requirements for a journeyman as defined in this chapter.
D. 
Requirements for journeyman license.
(1) 
Any person applying for a journeyman license must meet the following requirements:
(a) 
The applicant shall have served at least four years of experience as an apprentice and has worked under the direction or instruction of a master and must have completed a United States Department of Labor/Bureau of Apprenticeship and training registered apprenticeship program.
(b) 
The applicant must produce their W-2 forms for these four years of employment under a master and/or licensed contractor. In the case where the W-2 forms cannot be provided with just cause, field experience along with letters of recommendation shall be a substitute. Letters of recommendation shall include: two letters from licensed contractors that they worked under, three letters from customers that they performed work for and a letter of recommendation from a contractor in another field. If the applicant had only worked for one master and/or licensed contractor during their work experience then one letter of recommendation shall be sufficient. All referral/recommendation letters shall be notarized.
(c) 
Satisfactory completion of four years of college covering contracting, plumbing, mechanical or electrical trade work shall be equivalent to two years of practical experience. Proof of education must be submitted when applying.
(d) 
After successfully passing the proper examination or the submission of a certificate of completion or diploma from an accredited trade school and a letter of recommendation from the applicant's internship and employer, the applicant shall be granted a journeyman's license.
(2) 
A journeyman, upon presenting his W-2 forms showing satisfactory proof that he has been working as a journeyman for a licensed contractor in the City of Scranton in his respective trade for at least four years, is qualified to take the journeyman test. These four years must be consecutive.
(3) 
After proper examination, a qualified applicant shall be granted a journeyman's license.
(4) 
Any journeyman who has successfully completed a United States Department of Labor/Bureau of Apprenticeship program is exempt from taking the journeyman's test, provided that he show proof of that education.
E. 
Requirements for master plumber license. Any person applying for a master plumber license in the City must meet the following requirements:
[Amended 10-26-2006 by Ord. No. 52-2006; 12-15-2016 by Ord. No. 63-2016]
(1) 
After successful completion of the examination, a qualified applicant shall be granted a master plumber license by the Director/BCO.
(2) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
F. 
Requirements for master mechanical contractor license. Any person applying for a master mechanical contractor license in the City must meet the following requirements:
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
After successful completion of an examination, a qualified applicant shall be granted a mechanical contactor license by the Director/BCO.
(2) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
G. 
Requirements for general contractor's license. Any person applying for a general contractor's license in the City must meet the following requirements:
[Amended 10-26-2006 by Ord. No. 52-2006; 12-15-2016 by Ord. No. 63-2016]
(1) 
The applicant must provide a certificate from an accredited trade school or an associate's degree in project management, applicant must provide proof of working in the field for an amount of four years and of the four years, must show proof of having a supervision position on the job site for at least one year.
(2) 
After successful completion of examination, a qualified applicant shall be granted a general contractor license by the Director/BCO.
(3) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
H. 
Requirements for general contractor's licenses and home improvement license. Any person applying for a general contractor's or home improvement license in the City must meet the following requirements:
(1) 
The applicant must hold a current City journeyman carpenter's license for a period of one year before taking the masters test. This requirement shall be waived if an applicant possesses a valid, current, general contractor license issued by another competent jurisdiction whose licensing standards for a general contractor are determined to be equivalent to those used by the Bureau.
(2) 
After successful completion of the examination, a qualified applicant shall be granted a masonry license by the Director/BCO.
[Amended 12-15-2016 by Ord. No. 63-2016]
(3) 
All applicants must show proof of property damage and public and liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
[Added 12-15-2016 by Ord. No. 63-2016]
I. 
Requirements for home improvement contractors. Any person applying for a home improvement license in the City must meet the following requirements:
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Must provide the Licensing, Inspections and Permits Department a copy of the home improvement registration certificate from the Pennsylvania Attorney General's Department.
(2) 
Must provide the Licensing, Inspections and Permits Department a copy of the applicant's photo identification.
(3) 
Must provide the Licensing, Inspections and Permits Department a copy of general liability insurance.
J. 
Requirements for demolition contractors. Any person applying for a demolition license in the City must meet the following requirements:
[Added 12-15-2016 by Ord. No. 63-2016]
(1) 
After successful completion of examination, a qualified applicant shall be granted a demolition contractor license by the Director/BCO.
(2) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
K. 
Requirements for roofing contractors. Any person applying for a roofing license in the City must meet the following requirements:
[Added 12-15-2016 by Ord. No. 63-2016]
(1) 
After successful completion of examination, a qualified applicant shall be granted a roofing contractor license by the Director/BCO.
(2) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
L. 
Requirements for carpentry contractors. Any person applying for a carpentry license in the City must meet the following requirements:
[Added 12-15-2016 by Ord. No. 63-2016]
(1) 
After successful completion of examination, a qualified applicant shall be granted a carpentry contractor license by the Director/BCO.
(2) 
All applicants must show proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.

§ 203-4 Persons presently working as journeymen.

[Amended 12-15-2016 by Ord. No. 63-2016]
Any person presently working as a journeyman in the City in the mechanical and plumbing trades as herein defined, may make application to the Licensing, Inspections and Permits Department within 180 days after the passage of present amendment, and may, without being tested, be granted a journeyman license upon presenting his W-2 forms showing satisfactory proof that they have been working as a journeyman for a license contactor in the City in his respective trade for at least four years prior to the effective date of this chapter.

§ 203-5 Exceptions to license requirements for public utility companies.

No contractor's license shall be required by any public utility company when acting within the scope of providing public utility services. A license will be required when any public utility company performs work which is outside of the scope of providing public utility services in the capacity of a private contractor.

§ 203-6 License fees.

A. 
Examination fee. At the time of filing an application for an examination, each applicant shall pay the sum of $150. Said sum shall be deemed to be the cost of such examination and shall not be refunded if the applicant shall fail to present himself for examination or to obtain a passing grade.
[Amended 12-18-2014 by Ord. No. 69-2014]
B. 
License fee. Before any license shall be issued to an approved applicant, the applicant shall pay a fee, as hereinafter provided, payable to the City of Scranton. The license fee which must be paid is as follows:
[Amended 12-18-2014 by Ord. No. 69-2014; 12-15-2016 by Ord. No. 63-2016]
Type
Fee
General contractor's license
$250
Master plumber license
$250
Mechanical contractor's license
$250
Electrical contractor's license
$250
Masonry contractor's license
$250
Sign contractor's license
$250
False alarm contractor's license
$250
Automatic fire suppression contractor's license
$250
Automatic sprinkler contractor's license
$250
Refrigeration contractor's license
$250
Journeyman's license (annual)
$50
Apprentice registration fee (annual)
$25
Late fee
$50 (if not submitted by March 31 each year)
Contractor's test
$150
Journeyman's test
$150
One-time license
$400
Home improvement contractor's license
$150 (effective January 1, 2017).
Demolition contractor's license
$200 (effective January 1, 2017)
Roofing contractor's license
$200 (effective January 1, 2017)
Carpentry contractor's license
$200 (effective January 1, 2017)
C. 
For contractors holding more than one license in the City of Scranton, the fee shall be as follows:
[Amended 12-18-2014 by Ord. No. 69-2014]
Number
Fee
1 license
$250
Second license
$200
Third license
$175
D. 
Each license shall be renewable between the first and 31st day of December of each and every year and shall be issued for a term of one year.
E. 
Each license shall continue in force only so long as the same representative continues to be associated with the license holder.
F. 
When one or more licenses are issued to officers of a partnership or corporation, only one license shall be valid during the period of time he is an officer of that partnership or corporation. If the active license is suspended or revoked under the provisions of this chapter, no other license shall be made active which is held by the partnership or corporation.
G. 
When a license is not renewed by the date of expiration, the Bureau will notify the contractor by mail at his last known address that his license has expired.
H. 
The license issued hereunder may be renewed without examination, provided application for such renewal is accompanied by the renewal fee prescribed hereinafter and submitted to the City before the expiration of the current license. Cost of the renewal fee shall be as follows:
[Amended 12-18-2014 by Ord. No. 69-2014]
Type
Fee
All contractor licenses
$250
I. 
Inactive license.
(1) 
All contractors may apply for an inactive license. Any contractor who is issued this inactive license cannot apply for any permits to do work in the City. However, they may reactivate their license by applying to the Bureau of Inspections and Licensing and paying the full fee for that particular year.
(2) 
In order to avoid reexamination for a license, any person who desires to maintain an inactive status must remit the following fees to the Department of Licensing, Inspections and Permits:
[Amended 12-18-2014 by Ord. No. 69-2014]
(a) 
All contractor's inactive licenses: $150.

§ 203-7 Permits.

A. 
No person shall perform any contracting work within the City unless he first obtains a permit from the Bureau.
B. 
When required. It shall be unlawful to construct, alter, repair, add to, remove or demolish or to commence the construction, alteration, repair, addition, removal or demolition of a building or structure or to install, repair, alter, enlarge or replace any equipment related to the operation of a building or structure, including gas, electric or water appliances, heating systems, ventilating systems, air-conditioning systems, sprinkler and refrigeration systems, power facilities, sanitation, toilet and drainage facilities, signs and outdoor display structures, or use of services afforded by a public utility, or any land development, grading, excavating or blacktopping, without first filing with the Bureau an application, in writing, and obtaining a formal permit.
C. 
Permit application form. An application for a building permit shall be filed with the Bureau by the property owner or a licensed contractor employed in his respective field by the property owner in connection with the proposed work. An application must be signed by the property owner or his agent, and, in the case of a permit being issued to a licensed contractor employed by the property owner, the application must be signed by the contractor. An application for a permit for an electrical installation must be filed by a master electrician. An application for a permit for a plumbing or heating installation must be filed by a master plumber or mechanical contractor. At a minimum, the following information must be contained on said application:
(1) 
The full names, addresses and contact information of the applicant and of the owner or owners and, if the owner is a corporation, or its authorized agent(s)/officer(s). Agents and officers must provide valid proof that they are the responsible party/agent for the corporation.
[Amended 12-15-2016 by Ord. No. 63-2016]
(2) 
The location and intended use of the building or structure, with a pertinent description of the land and number of sublet, allotment, name of owner and street, and of each of the owners of such building, structure or premises.
(3) 
A description of the proposed work and such additional information as may be required by the Director/BCO, Zoning Officer, plumbing, mechanical and third party agency to aid said officials in their decision to issue a permit for the proposed work.
[Amended 12-15-2016 by Ord. No. 63-2016]
(4) 
In the event that the application is filed by the property owner's licensed contractor employed in connection with the proposed work, a signed contract between the owner and the contractor employed in connection with the proposed work must accompany said application. If the owner is a corporation, said contract must be signed by one of its responsible officers and the contractor employed in connection with the proposed work.
(5) 
The estimated cost to complete the proposed work, including materials and labor. In the event that the proposed work is being done by the owner, the cost should be as if a contractor was performing the proposed work. If the application for a permit should fail to give the correct estimated cost of the work for which a permit is required, it shall be the duty of the Master Code Official to make the estimates to the best of his ability and add to the cost of the work to be performed.
(6) 
Proof of current insurance coverage provided by the applicant.
(7) 
The permit applicant must answer yes or no as to whether the said property is a condemned property in the City.
[Added 12-15-2016 by Ord. No. 63-2016]
(8) 
The permit applicant must answer whether the said property is located within a floodplain zone in the City.
[Added 12-15-2016 by Ord. No. 63-2016]
(9) 
The permit applicant must provide tax/map identification number.
[Added 12-15-2016 by Ord. No. 63-2016]
(10) 
The permit applicant must answer whether said work is being done to an existing or new business.
[Added 12-15-2016 by Ord. No. 63-2016]
D. 
Issuance of the permit.
(1) 
Before any permit will be issued to the applicant, the following shall be submitted to the Director/BCO.
[Amended 12-15-2016 by Ord. No. 63-2016]
(a) 
Zoning approval.
(b) 
Sewer planning modules.
(c) 
Site plan stamped and certified by a registered surveyor.
(d) 
Erosion and sedimentation control plan (residential).
(e) 
Stormwater management and erosion and sedimentation control plan approved by the Lackawanna County Conservation District (commercial only).
(f) 
Geotechnical report (commercial only).
(g) 
Drawings and specifications to include architectural, plumbing, mechanical, sprinkler and electrical stamped and certified by a registered professional in the Commonwealth of Pennsylvania.
(h) 
Any other documents that Director/BCO requires for consideration.
(i) 
A signed copy of the contract on which the permitted work is being performed.
(2) 
Every permit shall be reviewed by the Director/BCO. No permit shall be issued until all of the appropriate inspectors have reviewed the permit application and approved said application.
[Amended 12-15-2016 by Ord. No. 63-2016]
(3) 
The application and final drawings and specifications have been reviewed and approved by the Director/BCO as showing compliance with the applicable provisions of this article and have been approved by any other appropriate agency as showing compliance with any other applicable previsions of the current Uniform Construction Code (Pa. Act 45).
[Amended 12-15-2016 by Ord. No. 63-2016]
(4) 
All contractors shall show satisfactory proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence.
(5) 
It shall be that responsibility of the licensed contractor to secure the permit. In the event that the home owner is performing the home improvement work, the permit may be secured by said owner or its authorized agent(s). Agents and officers must provide valid proof that they are the responsible party for the corporation.
[Amended 12-15-2016 by Ord. No. 63-2016]
(6) 
Upon the filing of a written application in such form as the Licensing, Inspections and Permits Department shall require, and upon payment of the required fee, a permit shall be issued, one copy thereof to be conspicuously posted upon the premises where the work is being done, until the work done has been inspected and approved by the Director/BCO, authorized third party inspection agency, mechanical and plumbing inspectors and a certificate of occupancy or release of condemnation certificate has been issued by such officials filed with the City.
[Amended 12-15-2016 by Ord. No. 63-2016]
E. 
Workers' compensation insurance. Prior to issuing a building permit to a contractor, the contractor must present one of the following:
(1) 
Proof of workers' compensation insurance; or
(2) 
An affidavit that the contractor does not employ other individuals and is not required to carry workers' compensation insurance.
F. 
Posting of the permit. A true copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of performance of the work and until the completion of the same.
G. 
Notice of start. At least 24 hours' notice of start of work under a building permit shall be given to the Code Official.
H. 
Conditions of permit.
(1) 
A permit shall not be issued until the fees have been paid.
(2) 
The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of the code, except as specifically stipulated by modification or legally granted variation as described in the application.
(3) 
All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents.
(4) 
All new work shall be located strictly in accordance with the approved site plan.
I. 
Conformance to Code. All work performed shall be in conformity with the provisions of the most recently approved Uniform Construction Code (UCC) applicable to the type of work to be performed. Additionally, all other local, state and federal standards applicable to the work to be performed must be strictly adhered to. The City reserves the right to modify any standards contained in state, federal, or Uniform Construction Code provisions. Said modifications shall be enumerated by the Director/BCO and made available to all interested persons by request from the Department.
[Amended 12-15-2016 by Ord. No. 63-2016]
J. 
Permit to erect part of a building. Nothing in these regulations shall be construed to prevent the Code Official from issuing a permit for the erection of any part of the building or structure, where plans and detailed statements have been presented for the same, before the entire plans and detailed statements of the building or structure have been submitted, provided that a complete set of all such plans and specifications shall be placed on file before the foundation wall is brought to grade, or to height to receive the first tier of beams, girders or joists; however, no permit shall be issued for erection of the superstructure of any building above the foundation or basement wall until all copies of approved plans and specifications and details required by the provisions of these building regulations are placed on file in the office of the Bureau.
K. 
Fee schedule for permits.
[Amended 12-8-2003 by Ord. No. 242-2003; 12-8-2009 by Ord. No. 98-2009; 12-18-2014 by Ord. No. 68-2014[1]]
(1) 
The permit fee includes the state fee of $4 as per Act 45.
(2) 
The permit fee shall be based on the cost of proposed labor and materials as follows. All costs are rounded off to the next higher thousand.
Cost
Fee
$1 to $300
$30
$301 to $600
$40
$601 to $1,000
$50
$1,001 to $75,000
$50 for the first $1,000 plus $15 for each additional thousand
$75,001 to $500,000
$1,185 for the first $76,000 plus $14 for each additional thousand
Over $500,000
$7,148 for the first $501,000 plus $13 for each additional thousand
(3) 
Residential-only permit for hot-water heater: $5.
[1]
Editor's Note: This ordinance provided that it become effective 1-1-2015.

§ 203-8 Revocation of permits; expiration.

A. 
The Department may revoke any permit granted under this article when:
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Any work for which a permit is granted which is done in violation of this chapter or work which is not in compliance with the approved final drawings or work which is being done in an unsafe and dangerous manner.
(2) 
Any condition of the permit is violated.
(3) 
Expiration. Every permit issued by the Director/BCO or his authorized representatives shall expire by limitation and become null and void if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six months.
B. 
Expiration.
(1) 
Every permit issued by the Master Code Official, Director of Community Development or their authorized representatives shall expire by limitation and become null and void if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six months.
(2) 
Before work can resume, a new permit shall be obtained to do so, and the fee to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided on changes have been made in the original plans and specifications for such work; and provided further that such suspensions or abandonment has not exceeded six months.
[Amended 12-15-2016 by Ord. No. 63-2016]
(3) 
A permittee holding an unexpired permit may apply for a one-time extension provided he can show good and satisfactory reasons, and beyond his control the work cannot be commenced within the six-month period from the issue date. In order to renew work on a permit after it has expired, the permittee shall pay a new full permit fee.
[Amended 12-15-2016 by Ord. No. 63-2016]

§ 203-9 Denial of additional permits.

[Amended 12-15-2016 by Ord. No. 63-2016]
The Director/BCO or his authorized representative shall maintain a record of violation notices issued to licensed contractors and corrective actions taken. The Director/BCO or his authorized representative shall, upon receipt of an application for a permit, determine if said contractor is in receipt of any violation notice upon which corrective action has not been taken. The Director/BCO or his authorized representative shall deny any new permits to the licensed contractor until all outstanding violations of the ordinance and any other applicable codes and ordinances have been corrected.

§ 203-10 Work done without permit.

[Amended 12-15-2016 by Ord. No. 63-2016]
A. 
Licensed contractors shall not engage in any work requiring a permit unless such permit shall have been issued by the Director/BCO, Zoning Officer, Mechanical or Plumbing inspectors. Any licensed contractor who shall engage in work requiring a permit shall, if such permit has not been issued, be subject to the conditions set forth in § 203-13C in addition to the penalties prescribed under this chapter.
B. 
Any unlicensed contractor who shall engage in any work for which a permit is required and such permit has not been issued, shall not be licensed by the Director/BCO until a period of one year has elapsed from the date of filing of application for a license in addition to the penalties prescribed thereafter.

§ 203-11 Stop-work order; fines; disputes.

[Amended 12-15-2016 by Ord. No. 63-2016]
Any person who shall perform any work in or about the structure without first securing a permit for said work shall be issued a stop-work order and be liable for a fine of $50 if paid within 24 hours. After 72 hours, the fine shall be $100. If said fine is not paid within 30 days, said person shall be liable for a fine of not more than $2,000. Each day that said violation shall continue a separate offense and shall be liable for a fine of not more than $1,000. Said fines are payable to the Department of Licensing, Inspections and Permits. Failure to make payment within the time frame provided, a citation shall be filed with the Magisterial District Judge.
A. 
Notice of violation. If the Director/BCO finds that the terms of a permit are being violated, he shall order the whole or any part of the work which is being done under the permit to be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the person doing the work and shall state the conditions under which the work will be permitted to resume.
B. 
Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $500 and not more than $10,000. Said fines are payable to the Department of Licensing, Inspections and Permits. Failure to make payment within the time frame provided, a citation shall be filed with the Magisterial District Judge.
C. 
Disputes.
(1) 
If a permit has been issued to a contractor and a dispute should arise between the contractor and the property owner, the Director/BCO shall make an on-site inspection of the work site and certify that all work performed under the current permit is in compliance with these building regulations.
(2) 
In the event that the inspection reveals that the work performed under the current permit is not in compliance with these building regulations, the Director/BCO shall notify the contractor, in writing, to correct all violations as specified by the Director/BCO within the period set forth, prior to the issuance of another permit. Any person failing or refusing to make the corrections as specified by the Director/BCO within the period set forth shall be subject to revocation of their license and shall be liable for all fines as hereinafter provided.

§ 203-12 Certificate of occupancy (CO) and temporary certificate of occupancy (TCO).

A. 
For any new or existing commercial or residential building or space which requests or requires a certificate of occupancy a general inspection shall first be performed. Upon completion of the building, structure or space and before issuance of the certificate of occupancy, a final inspection shall be made. When the building or structure has been deemed to be in compliance with the Pennsylvania Uniform Construction Code (UCC), and all current City Zoning, Planning, and Property Maintenance Codes and related City ordinances are in compliance, the Director/BCO shall issue a certificate of occupancy.
B. 
The fee for a certificate of occupancy shall be $250 for residential buildings and $350 for commercial buildings. Said fee shall also comprise the inspection process related to the CO.
C. 
A building, structure or facility shall not be occupied or used without first obtaining a certificate of occupancy. Any person, corporation or other entity who shall use or occupy a building, structure, facility or space without first obtaining a certificate of occupancy, shall be liable of a fine of not less than $500 and no more than $10,000. Each day the violation continues will be considered a separate offense. Said fines are to be paid within 10 days upon notice of violation. Said fines are payable to the Department of Licensing, Inspections and Permits. Failure to make payment within the time frame provided, a citation shall be filed with the Magisterial District Judge.
D. 
The fee for a temporary certificate of occupancy shall be $150.
E. 
If an existing building and/or space has not changed its use classification as per the Uniform Construction Code (UCC) and said use only requires a change of information, a Certificate of Occupancy shall be $50. This shall only apply when change of ownership and active operation does not exceed 180 days since it was last occupied and operated as such use. Building space and use classification shall require an inspection for verification and code compliance by the Department of Licensing, Inspections and Permits and/or other third party agency. The above shall also apply to those applicants seeking a duplicate and/or replacement of a certificate of occupancy.

§ 203-13 Prohibited acts.

A. 
The following acts are prohibited:
(1) 
Abandonment or willful failure to perform without jurisdiction any home improvement contract or project engaged in or undertaken by a contractor; or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owner.
(2) 
Making any substantial misrepresentation in the procurement of a home improvement contact, or making false promise of character likely to influence, persuade or induce.
(3) 
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a home improvement transaction.
(4) 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligation of a home improvement transaction with the knowledge that it recites a greater monetary obligation than the consideration for the home improvement work, which consideration may be a time sale price.
(5) 
Directly or indirectly publishing any advertisement relating to home improvements which contains an assertion, representation or statement of fact which is false, deceptive or misleading; provided that any advertisement which is subject to and complies with the then existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading; or by any means advertising or purporting to offer the general public any home improvement work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(6) 
Willful or deliberate disregard and violation of the building laws of this state or of this City or of the safety or labor workmen's compensation insurance laws of this state.
(7) 
Doing any home improvement business with or through any person who is subject to the licensing requirements of this chapter with the knowledge that such person is not licensed as required.
(8) 
Misrepresentation of a material fact by an applicant in obtaining a license.
(9) 
Failure to notify the Director/BCO of any change of control in ownership, management or business name or location.
[Amended 12-15-2016 by Ord. No. 63-2016]
(10) 
Conducting a home improvement business in any name other than the one in which the contractor or salesman is licensed.
(11) 
Failure to comply with any order, demand or requirement lawfully made by the Director/BCO under the authority of this chapter.
[Amended 12-15-2016 by Ord. No. 63-2016]
B. 
Violation of any of the prohibitions of this section:
(1) 
Shall subject any violator to whom the licensing provisions of this chapter apply to the administrative sanctions of this chapter; and
(2) 
Shall subject any violator, whether or not required to be licensed by this chapter, to criminal prosecution.

§ 203-14 Grounds for refusal, revocation or suspension of licenses.

A. 
The Director/BCO, at his discretion shall have the power to refuse, suspend or revoke any licenses issued under the provisions of this chapter where the Director/BCO and/or Department finds that the licensee has violated any provisions of this chapter or is performing or attempting to perform any act prohibited by this chapter.
[Amended 12-15-2016 by Ord. No. 63-2016]
B. 
Any violation of any of the provisions of this chapter upon the part of any director, manager, partner, officer, salesman, agent or employee of a contractor shall be cause for suspension or revocation of the license of the contractor, unless it shall appear to the satisfaction of the Director/BCO that the individuals engaged in the management of the contractor.
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Had no knowledge of the wrongful conduct, or
(2) 
Were unable to prevent the violation.
C. 
On a first offense, a contractor's license shall be suspended for a period of one to three months. On the second offense, a contractor's license shall be suspended for a mandatory six months. A third offense shall constitute an immediate revocation of a contractor's license.
D. 
The Director/BCO shall have the authority to immediately revoke a contractor's license for just cause for what the Director/BCO considers a severe violation of this chapter.
[Added 12-15-2016 by Ord. No. 63-2016]

§ 203-15 Procedure in case of violations; appeals.

A. 
Procedure in case of violations. Whenever the Director/BCO determines that there are reasonable grounds to believe there has been a violation of any provision on this chapter, or of any rules and regulations adopted thereto, he shall proceed as follows:
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Serve notice in writing of the alleged violation which shall be signed by the Director/BCO or his authorized representative. Said notice shall be in writing and shall be served personal to the responsible party, or served by registered or certified mail with a return receipt requested or where such responsible party cannot be found, by posting the notice in a conspicuous location on said premises, or service may be made by publishing such notice in a newspaper of general circulation for a period of three consecutive days; or served by any other method authorized under the laws of the Commonwealth of Pennsylvania.
(2) 
Said notice shall contain the section of the reasons why the notice is being issued, the section of the codes and/or ordinances which have been violated and the remedial actions required.
B. 
Any applicant or licensed contractor aggrieved by any decisions of the Director/BCO, including but not limited to refusal or suspension of license or permit, or any other repeal, may appeal from such decision to the LIPs Board of Appeals within 10 days from the date of decision. The forms for appeal may be obtained at the Department of Licensing, Inspections and Permits. Upon completion, all appeal forms must be submitted with a nonrefundable fee of $300.
[Amended 12-15-2016 by Ord. No. 63-2016]
(1) 
Any person making an appeal to the Board of Appeals will be notified when to appear before the Board within 30 days. The Board will hold a public hearing and upon evidence of testimony submitted will render a decision. The Director/BCO will notify the said party in writing of the Board's decision. Any party not in compliance with a decision regarding extensions of time from the Board of Appeals shall be subject to the penalties of this chapter. Any party who seeks to reschedule or cancel an appeal hearing must provide a seventy-two-hour notice prior to hearing date. Failure to provide proper notice shall be deemed a violation and subject to a late fee of $150 payable to the Department of Licensing, Inspections and Permits. All late fees must be paid prior to scheduling another hearing date.
(2) 
Any person aggrieved by a decision of the Board of Appeals, whether or not a previous party to the decision, may appeal to the Court of Common Pleas of Lackawanna County. Appeals shall be made to the proper Court within 30 days after the filing of the Board of Appeals decision and notification in the Department of Licensing, Inspections and Permits to the parties of said decision.

§ 203-16 Inspections.

[Amended 12-15-2016 by Ord. No. 63-2016]
A. 
The Director/BCO or his authorized representative are hereby authorized and empowered to inspect or reinspect any and all buildings located within the city and the materials incorporated therein, including all installed plumbing, heating, air conditioning, refrigeration, sprinkler systems, humidification, stokers, oil burners, gas pumps, oil tanks, high and low pressure boilers, apparatus and equipment, gas installations and all electrical installation for light, heat or power for the purpose of determining the safety thereof and the sufficiency from a fire, health or structural viewpoint. When as a result of such inspections, any buildings or the installations therein as enumerated above are found to be unsafe to life or property or detrimental to health, or not in compliance with the laws of the Commonwealth of Pennsylvania or the ordinances of the city, including the provisions of this article. The Director/BCO shall notify the person installing, owning, using or operating them to place them in a safe and secure condition within 48 hours or within such further time as he shall determine to be reasonably necessary. Any person failing or refusing to make the corrections as specified by the Director/BCO, building, plumbing, mechanical or electrical inspector within the period set forth shall be subject to the penalties herein provided.
B. 
Right of entry. The Director/BCO or his authorized representative so far as may be necessary for the performance of their duties, shall have the right to enter upon any building, structure, site or premises under construction, repair, alteration, or removal of any building alleged to be unsafe or a menace to public health or damage or menaced by fire upon showing the credentials of their office, and any person or persons interfering with them in the performance of such duties shall be guilty of a summary offense. If it becomes necessary to secure a search warrant to accomplish an inspection, the property owner shall reimburse the City for all costs associated with securing said warrant.

§ 203-17 (Reserved) [1]

[1]
Editor’s Note: Former § 203-17, Reciprocal agreement, was repealed 12-15-2016 by Ord. No. 63-2016.

§ 203-18 Waiver of liability per issuance of license.

Every contractor receiving a license will indemnify and hold harmless the City, its officials, servants and employees of and from any and all damages caused by any negligence in pursuing and protecting his work, or by any unfaithful, imperfect or inadequate work done by virtue of the license issued to him.

§ 203-19 Work done by homeowner.

[Amended 12-15-2016 by Ord. No. 63-2016]
Any person engaged in home improvement work exclusively owned and occupied as their residence shall be allowed to obtain a building permit for a residential building, without being a licensed contractor, but must meet all other requirements of the code. This provision does not pertain to commercial buildings or to any electrical, plumbing and mechanical work.

§ 203-20 Forfeiture of license.

No person, partnership or corporation licensed under the provisions of this chapter shall take out a permit in his (or its) name, for use by a person, partnership or corporation not licensed or registered in the City, to perform any work within the City. No person, partnership or corporation licensed under this chapter shall perform any work for which that person, partnership or corporation is not licensed for. Any person performing work for which he is not licensed for shall forfeit any licenses which have been granted.

§ 203-21 Certificate of insurance.

Every contractor holding a license in the City must furnish the Code Official with satisfactory proof of property damage and public liability insurance amounting to $500,000 per person and $1,000,000 per occurrence and workmen's compensation insurance before any permit can be issued. Any contractor who either cancels the above mentioned insurance policies or is canceled by the insurance company for any reason shall notify the City within 30 days of said cancellation.

§ 203-22 (Reserved) [1]

[1]
Editor’s Note: Former § 203-22, Building, plumbing, mechanical and electrical code advisory and license board, was repealed 12-15-2016 by Ord. No. 63-2016.

§ 203-23 Violations and penalties.

[Amended 12-15-2016 by Ord. No. 63-2016]
Any person, firm or corporation violating any provisions of this chapter or the codes hereby adopted, shall upon conviction thereof, be guilty of a summary offense, and shall be subject to a fine of no less than $500 and no more than $5,000 for any one offense, recoverable with costs, together with judgment or imprisonment not to exceed 30 days or both, per offense if the amount of such fines and costs shall not be promptly paid. Each day that a violation continues shall be deemed a separate offense.