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; and words
in the singular shall include the plural.
Any director, officer, servant, employee, or other natural
person authorized to perform contracting work on behalf of the partnership,
corporation, LLC, or other business or nonbusiness entity.
A person who is engaged in learning a trade under the direction
or instruction of a master contractor or journeyperson and/or who
is enrolled in the United States Department of Labor/Bureau of Apprenticeship
training program.
A contractor who installs, erects, alters, extends, maintains,
or repairs foam, halogenated, wet-spray, or wet-chemical extinguishing
systems or portable fire extinguishers.
A contractor who installs, erects, alters, extends, maintains,
or repairs fire protection systems.
The Designated City of Scranton Building Code Official, as
defined in the UCC and as certified pursuant to the UCC, or their
designee, as appropriate.
The Housing Board of Appeals as established through Ordinance
No. 20 of 1964, Section 7.[1]
The Bureau of Code Enforcement within the Department of Community
Development of the City of Scranton.
A contractor who performs rough framing, trusses, sheathing,
metal framing, paneling, trim, cabinetry, doors, windows, stairs,
and incidental hardware work 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 either residential
or commercial buildings conforming to UCC standards.
Any person who undertakes, offers to undertake, or agrees
to perform any home improvement, property improvement, construction,
demolition, or other work governed by the UCC.
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.
A contractor who performs the demolition and removal of structures
and buildings on residential or commercial buildings.
The Director of the Bureau of Code Enforcement.
A contractor who performs electrical work, including installing,
erecting, altering, extending, maintaining, or repairing electrical,
communication, and/or fire alarm systems. This includes a contractor
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 contractor.
One who shall enforce all provisions of the Electrical Code
as adopted by the City. 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.
A contractor who identifies or remediates asbestos or other
such environmental hazards at a residential or commercial property.
A contractor who performs general construction work, including
the construction and/or repairs and renovations of single- and/or
multiple-family dwellings, or commercial, educational, institutional,
manufacturing, or industrial buildings. This includes a contractor
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 contractor.
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 porches, garages, landscaping, fences,
fallout shelters, aboveground swimming pools, 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. 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 rearrangement of parts
of a structure affecting the exit requirements, nor shall home improvement
include the replacement or relocation of any stand pipe, water supply,
sewer drainage, gas, waste, vent, or similar piping, electrical wiring,
or mechanical conduit.
An agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of home improvement, and includes all labor, services, and materials
to be furnished thereunder.
A contractor who performs home improvement on residential
buildings (one- and two-family dwellings and townhouses), including
engaging in the construction, repair, replacement, alteration, addition,
remodeling, conversion, modernization, or improvement to any such
land, residential building, porch, garage, landscaping, fence, and
other such structures or land adjacent to such a dwelling house.
The International Construction Code, as may be amended.
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.
A contractor who performs masonry work, including the installation
of brick, block, stone, slate, brick pavers, precast stone, preconcrete
plank, or any other related masonry products.
A general contractor, electrical contractor, mechanical contractor,
or plumbing contractor qualified for residential and commercial work,
in the relevant field, governed by the UCC.
A contractor who performs mechanical work, including installing,
erecting, altering, extending, maintaining, or repairing heating and
ventilation systems, air-conditioning systems, refrigeration systems,
process piping, and sheet-metal work.
One who shall enforce all provisions of the Mechanical Code.
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.
A journeyperson, an apprentice, or, at the discretion of
the Director, a participant or graduate of any other trade skills-learning
program.
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.
A legal relation existing between two or more persons contractually
associated as joint principals in a business.
A contractor who performs the installation, repair, or replacement
of driveways, sidewalks, parking lots, and other such impervious surfaces,
for residential or commercial properties.
An individual, partnership, corporation, trust, association,
owner, contractor, salesperson, or any other legal entity.
A contractor who performs plumbing work, including plumbing
or pipe-fitting work which involves the installation of, 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, as well as the repair
or installation of water supply pipes or waste sewage lines.
One who enforces all provisions of the Plumbing Code. 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.
A contractor who maintains, including evacuating or recharging
freon in, a refrigerator, freezer, vending machine, or similar refrigeration
unit, for a residential or commercial property. This term shall not
include a contractor who installs HVAC systems or commercial refrigeration
units.
Also known as a private residence. Residential building shall
be defined as one- and two-family dwellings and townhouses.
A contractor who performs the installation, repair, or replacement
of roof coverings, including roof deck installation, roof coating,
painting, covering, and installation of nonstructural decking and
siding on residential or commercial buildings.
A contractor who performs security and communication work,
including installing, erecting, altering, extending, maintaining,
or repairing security systems and/or telephone systems under 50 volts.
A contractor who erects, installs, or repairs a freestanding
sign or billboard or a sign or billboard attached to an existing building
or other structure.
A contractor who performs contracting work within a specifically
defined field governed by the UCC and related City ordinances on residential
or commercial buildings. This term shall not include the construction
of new commercial buildings nor any plumbing, electrical, or mechanical
work in residential or commercial buildings. Except for demolition
contractors, this term shall not include the removal or cutting of
any structural beam or bearing support on commercial buildings or
the removal or change of any required means of egress on commercial
buildings. Specialty contractor shall include, automatic fire suppression
contractor, automatic sprinkler system contractor, carpentry contractor,
demolition contractor, environmental remediation contractor, masonry
contractor, paving contractor, refrigeration contractor, roofing contractor,
sign contractor, security and communication contractor, and any other
type of contractor-other than master contractor, home improvement
contractor, or non-master contractor-performing work governed by the
UCC.
The Uniform Construction Code, as adopted in City Code Chapter 201.
[1]
Editor's Note: Ordinance No. 20-1964 is on file in the City
offices.
A.
License required for work.
(1)
Only a master contractor, specialty contractor, home improvement contractor, or non-master contractor licensed in accordance with this chapter may perform work governed by the Uniform Construction Code (UCC) within the City of Scranton, unless an exception in Subsection E applies.
(2)
A master contractor, specialty contractor, home improvement contractor,
or non-master contractor may only perform such work that is within
the scope of their license.
B.
License required for permits.
(1)
Only a master contractor, specialty contractor, or home improvement contractor licensed in accordance with this chapter may apply for a permit, unless an exception in Subsection E applies.
(2)
A master contractor, specialty contractor, or home improvement contractor
may only apply for a permit within the scope of their license.
C.
Types of licenses. Contractors who fulfill the requirements of this
chapter and are determined by the Director or their designee to be
qualified to perform contracting work in one of the following fields
shall be granted a contractor license for that type of work, as follows.
(2)
Specialty contractors.
(a)
Automatic fire suppression system contractor.
(b)
Automatic sprinkler system contractor.
(c)
Carpentry contractor.
(d)
Demolition contractor.
(e)
Environmental remediation contractor.
(f)
Masonry contractor.
(g)
Paving contractor.
(h)
Refrigeration contractor.
(i)
Roofing contractor.
(j)
Sign contractor.
(k)
Security and communication contractor.
(l)
Any other type of contractor, other than master contractor,
home improvement, or non-master contractor work, performing work governed
by the UCC.
(3)
Home improvement contractors.
(4)
Non-master contractors.
D.
License coverage.
(1)
Annual term. All licenses, except one-time licenses, shall be issued
for a term of one calendar year.
(2)
One time. The Director may issue a one-time license to a contractor
not normally doing contracting work in the City, after the applicant's
initial application has been reviewed by the Director. This one-time
license shall be for a specific job or construction and shall terminate
upon completion of the work. Said work shall be work which shall be
permissible under one permit at one location.
E.
Exceptions.
(1)
Homeowner. Any natural person engaged in home improvement on a one-
or two-unit residential property owned exclusively by them and occupied
as their residence shall be allowed to obtain a building permit for
and perform such work, without being a licensed contractor, so long
as they meet all other requirements of City Code, including this chapter
and the UCC. This provision does not pertain to commercial buildings
or to any electrical, plumbing, or mechanical work.
(2)
Public utility. No contractor license shall be required by any public
utility company when acting within the scope of providing public utility
services. However, 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.
F.
Subcontractors.
(1)
Every subcontractor performing contracting work under a prime contractor
must also have a contractor's license.
(2)
Every contractor must submit, at a minimum, the name and address
of all subcontractors for any project requiring a permit. The contractor
must update such subcontractor list within 15 days of any changes.
G.
Other requirements.
(1)
Adult. A contractor must be at least 18 years old to obtain a license.
(2)
Business entities. In the case of a partnership, corporation, LLC,
or other business or nonbusiness entity, a contractor's license shall
only be issued to a natural person, who must show proof of being an
authorized agent of the entity. Only the natural person is licensed,
not the entity itself.
(3)
Apprentice supervision required. An apprentice shall be supervised
by a master or journeyperson of the trade. A master contractor or
journeyperson may not supervise more than three apprentices on the
job site.
A.
Minimum requirements. Initial applications for all contractors, except
home improvement contractors, shall include, at a minimum, the following:
(1)
Name.
(2)
Address.
(3)
Business name and address, if applicable.
(4)
Date of birth.
(5)
Photo ID.
(6)
Indemnification statement.
(7)
Disclosure statement.
(8)
Insurance information (master and specialty contractors only).
(9)
Unsworn affidavit.
(10)
Fee payment.
(11)
Any additional information requested by the Bureau.
B.
Master contractor licenses. Initial applications for master contractor
licenses shall consist of either Option A or Option B, as follows.
(2)
Master Option B:
(a)
All minimum requirements.
(b)
Reference letter from a contractor for whom the contractor was
or is employed.
(c)
Reference letter from an inspector, ICC- or UCC-certified in
the relevant field, who has inspected work done by the contractor.
(d)
Reference letter from a licensed design professional, such as
an engineer or architect, who has worked with contractor.
(e)
Proof of four years of practical experience:
[1]
Proof of four years of practical experience in contracting work,
by providing W-2 or 1099 forms; or
[2]
Proof of two years of practical experience in contracting work,
by providing W-2 or 1099 forms, and proof of four years of postsecondary
education covering contracting work; or
[3]
A combination of two or more years of practical experience and
postsecondary education covering contracting work, with each year
of education equaling half a year of practical experience.
C.
Specialty contractor licenses. Initial applications for specialty
contractor licenses shall consist of either Option A or Option B,
as follows:
D.
Home improvement contractors. Initial applications for specialty
contractor licenses shall consist of the following:
E.
F.
Renewals. After submitting an initial application that resulted in
the contractor receiving a contractor license, a renewal application
shall consist of the following:
(1)
Master and specialty contractors.
(a)
City of Scranton contractor license number.
(b)
Updated insurance information.
(c)
Any changes in the information on file with the Bureau.
(d)
Unsworn affidavit.
(e)
Fee payment.
(f)
Master electrical contractors only: proof of eight hours of
continuing educational units (CEUs) from an organization deemed acceptable
by the Pennsylvania Department of Labor and Industry.
(g)
Any additional information requested by the Bureau.
(2)
Home improvement contractors.
(a)
City of Scranton contractor license number.
(b)
Copy of the most recent contractor's Pennsylvania home improvement
contractor registration certificate.
(c)
Any changes in the information on file with the Bureau.
(d)
Unsworn affidavit.
(e)
Fee payment.
(f)
Any additional information requested by the Bureau.
G.
Due dates.
(1)
Initial applications and one-time applications must be submitted
and approved prior to performing any work governed by the UCC or applying
for any permit.
H.
Requirement descriptions.
(1)
Insurance information.
(a)
Certificate of insurance proving general liability, property
damage, and public liability insurance amounting to $500,000 per person
and $1,000,000 per occurrence; and
(2)
Indemnification statement. Statement indemnifying and holding harmless
the City, its officers, and its employees of and from any and all
damages caused by any negligence in pursuing and protecting the contractor's
work, or by any unfaithful, imperfect or inadequate work done by virtue
of the license issued to them.
(3)
Disclosure statement. Either:
(a)
Disclosure and explanation of any active, pending, or prior
litigation regarding the contractor's performance; of any active,
pending, or prior contractor license revocation or suspension by the
City or any other jurisdiction; and of any active, pending, or prior
insurance claims against the contractor; or
(b)
Statement affirming that such disclosure is not applicable to
the contractor.
(4)
Unsworn affidavit. "I verify that the foregoing facts are true and
correct to the best of my knowledge, information, and belief. I understand
that false statements herein are made subject to penalties of 18 Pa.C.S.A.
§ 4904 relating to unsworn falsification to authorities."
I.
Miscellaneous.
(1)
Additional information. The Director shall have the discretion to
request additional information from an applicant for just cause.
(2)
Licensing discretion. The Director 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.
(3)
Grandfathering. All contractors who held an active or inactive license
in 2022 may apply for a 2023 license via a renewal application, provided
that nothing in this chapter shall be interpreted to prevent the Bureau
from requiring additional information in such renewal applications
in order to ensure all such contractors are in full compliance with
all terms of this chapter, as it has been amended.
A.
No person shall perform any contracting work within the City unless
they first obtain 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 their respective field by the property owner in connection
with the proposed work. An application must be signed by the property
owner or their 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, its
authorized agent(s)/officer(s). Agents and officers must provide valid
proof that they are the responsible party/agent for the corporation.
(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.
(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 their 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.
(8)
The permit applicant must answer whether the said property is located
within a floodplain zone in the City.
(9)
The permit applicant must provide tax/map identification number.
(10)
The permit applicant must answer whether said work is being
done to an existing or new business.
D.
Issuance of the permit.
(1)
Before any permit will be issued to the applicant, the following
shall be submitted to the BCO.
(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 the 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.
(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 chapter 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[1]).
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(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 the responsibility of the licensed contractor to secure
the permit. In the event that the homeowner 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.
(6)
Upon the filing of a written application in such form as the Bureau
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 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
filled with the City.
E.
Workers' compensation insurance. Prior to issuing a building permit
to a contractor, the contractor must present one of the following:
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 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
and made available to all interested persons by request from the Bureau.
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.
(2)
The permit fee shall be based on the cost of proposed labor and materials
as follows.
[Amended 6-27-2023 by Ord. No. 65-2023]
|
Cost
|
Fee
|
|---|---|
|
Under $300
|
$25
|
|
$300 to $599.99
|
$35
|
|
$600 to $999.99
|
$40
|
|
$1,000 to $1,999.99
|
$45
|
|
$2,000 to $19,999.99
|
$60 plus $15 for each additional $1,000 of cost above $2,000
|
|
$20,000 to $74,999.99
|
$330 plus $12 for each additional $1,000 of cost above $20,000
|
|
$75,000 to $499,999.99
|
$990 plus $10 for each additional $1,000 of cost above $75,000
|
|
$500,000 to $999,999.99
|
$5,240 plus $8 for each additional $1,000 of cost above $500,000
|
|
$1,000,000 and over
|
$9,240 plus $4 for each additional $1,000 of cost above $1,000,000
|
(3)
Residential-only permit for hot water heater: $5.
L.
Fee schedule for inspections. The inspection fees shall be as follows.
(1)
Building.
(a)
Residential.
[1]
New standalone construction: $33 plus $0.0935 per square foot
of GFA.
[3]
Utility and miscellaneous, such as sheds, decks, fences, pools,
towers, concrete slabs, retaining walls, etc.: 0.825% of total construction
cost.
[4]
Demolition (residential): $41.25.
[5]
Minimum inspection rate: $41.25.
(b)
Commercial and industrial.
[1]
New standalone construction: $41.25 plus $0.1485 per square
foot of GFA.
[3]
Utility and miscellaneous, such as sheds, decks, fences, pools,
towers, concrete slabs, retaining walls, etc.: 0.825% of total construction
cost.
[4]
Demolition (commercial): $0.0275 per square foot.
[5]
Signs and structural buildings: $13.75 plus $1.10 per square
foot.
[6]
Minimum inspection rate: $41.25.
(5)
GFA definition. Gross floor area, defined as the total square footage
of all floors within the perimeter of the outside walls, including
basements, cellars, garages, roofed patios, breezeways, covered walkways
and attics with floor to ceiling height of six feet six inches or
more.
M.
Fee schedule for plan reviews. The plan review fees shall be as follows.
(1)
Commercial plan review fee schedule.
(a)
Plan review up to $3,000,000: 0.000715 x cost of building ($137.50
minimum).
(b)
Plan review $3,000,000 to $6,000,000: $2,145 plus 0.000275 x
amount over $3,000,000.
(c)
Plan review over $6,000,000: $2,970 plus 0.00022 x amount over
$6,000,0000.
(d)
Plan review for electrical: 25% of building fee.
(e)
Plan review for mechanical: 25% of building fee.
(f)
Plan review for plumbing: 25% of building fee.
(g)
Plan review for energy: 25% of building fee.
(h)
Plan review for accessibility: 25% of building fee.
(i)
Sprinkler review by number of heads:
|
Number of Heads
|
Fee
|
|---|---|
|
1 to 100
|
$151.25
|
|
101 to 200
|
$178.75
|
|
201 to 300
|
$192.50
|
|
301 to 400
|
$206.25
|
|
401 to 500
|
$233.75
|
|
501 and over
|
$275 + $0.1815 per head
|
(2)
Exception. Special consideration may be given when assessing the
fee for computing plan reviews for buildings, such as large warehouses
or indoor recreation facilities, because of their plan review simplicity.
N.
Transaction fees. The City may pass on any reasonable transaction
fee, such as a credit card fee, associated with processing payment
for any service, fine, or other transaction under City Code.
A.
The Bureau may revoke any permit granted under this chapter when:
(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 BCO 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.
B.
Expiration.
(1)
Every permit issued by the BCO 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 therefor 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.
(3)
A permittee holding an unexpired permit may apply for a one-time
extension provided they can show good and satisfactory reasons, and
beyond their 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.
The BCO or their authorized representative shall maintain a
record of violation notices issued to licensed contractors and corrective
actions taken. The BCO or their 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 BCO or their 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.
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 § 203-14C 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.
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 Bureau. 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, they 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
Bureau. 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.
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 Bureau. 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 Bureau 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.
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 contract, 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 workmens'
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.
(10)
Conducting a home improvement business in any name other than
the one in which the contractor or salesperson is licensed.
(11)
Failure to comply with any order, demand or requirement lawfully
made by the Director/BCO under the authority of this chapter.
B.
Violation of any of the prohibitions of this section:
A.
The Director, at their discretion, shall have the power to refuse,
suspend or revoke any licenses issued under the provisions of this
chapter where the Director, the BCO, and/or the Bureau finds that
the licensee has violated any provisions of this chapter or is performing
or attempting to perform any act prohibited by this chapter.
B.
Any violation of any of the provisions of this chapter upon the part
of any director, manager, partner, officer, salesperson, 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:
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.
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, they shall proceed as follows:
(1)
Serve notice in writing of the alleged violation which shall be signed
by the Director/BCO or their 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 Housing Board of Appeals within 10 days from the date of decision.
The forms for appeal may be obtained at the Bureau. Upon completion,
all appeal forms must be submitted with a nonrefundable fee of $300.
(1)
Any person making an appeal to the Board 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 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 Bureau. All late fees must be paid
prior to scheduling another hearing date.
(2)
Any person aggrieved by a decision of the Board, 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 decision and notification
in the Bureau to the parties of said decision.
A.
The BCO or their 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 chapter, 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 they 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 BCO or their 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.
No person, partnership or corporation licensed under the provisions
of this chapter shall take out a permit in their (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 they are not licensed for
shall forfeit any licenses which have been granted.
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.
