[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 12-21-2004 by Ord. No. 2004-13. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any work performed to erect, add to, alter, repair or otherwise
improve a structure, system or fixture.
Any person, firm or corporation qualified to remove or demolish
structures or buildings on real property.
Any person, firm or corporation qualified to install, alter,
or repair electrical wiring systems and fixtures in, on, or about
a structure.
Any person, firm or corporation qualified to erect a structure
in its entirety or to add to, alter or repair an existing structure
or any of its component systems, other than electrical, plumbing,
air conditioning and heating, which are addressed below. A general
building contractor is one who is held accountable for the work of
all separate contractors and subcontractors employed by said general
building contractor.
Any person, firm or corporation qualified to install, alter
or repair any heating and/or air-conditioning systems and fixtures
in, on or about a structure.
All contractors not heretofore defined but intending to do
work on, in or about a structure or property in the Borough. This
shall not include an owner of a residential property in which he/she
resides when he/she is performing such work on his/her own residential
property.
Any person, firm or corporation qualified and equipped to
move any building, or the contents of any building, including personal
property and fixtures.
Any individual person, corporation or partnership or other
form of organization.
Any person, firm or corporation qualified to install, alter
or repair any plumbing systems and fixtures in, on or about a structure.
A.
Prior to commencing any activity which would be classified
as contracting work within the Borough, every contractor shall obtain
a license for such activity as provided herein.
B.
License procedure. An application for a license pursuant
to this chapter shall be made in writing, signed by the applicant,
and submitted to the Borough Secretary. The application, in the case
of a firm or corporation, should be made by an officer, agent or member
of the firm or corporation. The license may then be issued in the
name of the person, firm or corporation, but this license shall be
valid and in effect only if the licensed individual is still a member,
officer or agent of such firm or corporation.
C.
The application shall contain the following:
(1)
Full name and address of the person making the application
or the full name and address of the firm or corporation on whose behalf
the application is made, including tax identification number or social
security number (for an individual).
(2)
The permanent address and telephone number of the
firm or corporation on whose behalf the application is made.
(3)
A statement that the person applying for the registration
is at least 18 years of age and a citizen of the United States.
(4)
In the case of a partnership, the names, addresses
and telephone numbers of all partners.
(5)
In the case of a firm or corporation, the name and
address of the principal officer of the firm or corporation and the
names and addresses of all officers and directors owning, on record
or beneficially, 5% or more of the outstanding stock of any class
of said corporation or 5% or more of the outstanding interest of said
firm or partnership.
(6)
The classification for which the applicant seeks to
be licensed.
(7)
Details as to the experience and qualifications in
the classification of business or activity for which registration
is sought.
(8)
Statement of the amount of public liability insurance
and workers' compensation (if applicable) carried, the name and address
of the carrier and the declaration page showing coverage.
(9)
The application shall be accompanied by an indemnification
agreement, approved by the Borough Solicitor, wherein the contractor
indemnifies and holds harmless the Borough, its officials, agents
and employees of and from any damages caused by any negligence of
the contractor performing his/her/its duties.
(10)
The application shall be accompanied by the
payment of fees required under this chapter as set forth below.
(11)
The application shall be in writing on such
printed forms as shall be prescribed and prepared by Borough Council,
if any. Otherwise, any writing conforming to the requirements of this
chapter will be sufficient.
(12)
Requirements for any licensee under this chapter
shall have at least three years actual, physical experience either
as a superintendent, foreman, manager or full-time employee in the
field for which the license is requested. Proof of such experience
and names/addresses of employers shall be provided with the application.
(13)
The types of licenses issued under this chapter
are defined above: general building contractor, moving contractor,
demolition contractor, electrical contractor, plumbing contractor,
heating/air-conditioning contractor, miscellaneous contractor. A separate
license shall be issued for each classification. In the case of a
miscellaneous contractor, when the license is issued, it shall specify
the type of work licensed and specifically state that it falls under
the definition of "miscellaneous contractor" pursuant to this chapter.
D.
Action on the license application.
(1)
The issuance of licenses under this chapter shall
be made by the Code Enforcement Officer or, in his absence, the Borough
Manager.
(2)
A three-day waiting period, not including weekends
or holidays, shall be required between the submission of the application
and the action on the application by the Code Enforcement Officer
or, in his absence, the Borough Manager.
(3)
During this three-day waiting period, the Chief of
Police may investigate the information on the application, including
whether any person, partner or officer of the firm or corporation
has been convicted of any crime and/or is actually located at the
temporary addresses provided in the application. The Chief of Police
shall advise the Code Enforcement Officer or, in his absence, the
Borough Manager of the results of this investigation in writing.
(4)
The Code Enforcement Officer or, in his absence, the
Borough Manager has the right to disapprove of any application for
the following reasons:
(a)
If any person named in that application has
been convicted of a felony or misdemeanor.
(b)
If the Chief of Police has not been able to
confirm the authenticity of the address provided on the application.
(c)
If the application is incomplete.
(d)
If the applicant has previously violated the
terms of this chapter during the preceding three-year period prior
to this application.
(e)
If any information on the application is materially
false or incorrect.
(f)
If it is determined that the applicant lacks
sufficient experience or qualifications to qualify as a contractor
in the classification of business or activity for which the license
is sought.
E.
License fees. Fees for licensing under this chapter
and for all renewals thereof shall be as fixed by the Council from
time to time by resolution of said Council.
F.
License term. The term of each license under this
chapter shall be for one year. The year shall be considered the calendar
year in which the license is issued, which expires on December 31.
The full fee shall be payable for this irrespective of the date of
its issue.
G.
Not transferable. Under no circumstances shall a license
granted under this chapter be transferable.
A.
The Code Enforcement Officer or, in his absence, the
Borough Manager, is hereby authorized to revoke or suspend licenses
without the return of fees under the following circumstances:
(1)
If any person named in the license is convicted of
a felony or misdemeanor.
(2)
If it is determined that the licensee has given false
information on the license application.
(3)
If it determined that unsafe work is being performed
and unsafe services sold to the public.
(4)
If any provisions of this chapter are violated.
(5)
The filing of a voluntary petition in bankruptcy by
the licensee.
(6)
Fraud, misrepresentation or other unjustified failure
to perform the contract in the Borough for which a license under this
chapter is required.
B.
Upon suspension or revocation of a license under this
chapter, this license shall be surrendered to the Code Enforcement
Officer or, in his absence, the Borough Manager. Likewise, every holder
of a license, upon retiring from the business for which the license
in question was granted, shall notify the Code Enforcement Officer
or, in his absence, the Borough Manager of such fact and at the same
time surrender the license certificate for cancellation.
A.
No person, partnership, firm or corporation which
is not the holder of a valid contractor's license from the Borough
shall falsely represent that he/she holds such a license, nor shall
such person use, in advertising, the words "licensed contractor" or
any words of similar meaning or import which can be gleaned to mean
a licensed contractor by the Borough.
B.
Any person who knowingly makes such a false statement
is in violation of this chapter.
A license issued under this chapter may be renewed,
provided that a written application for the renewal, attaching a copy
of the current issue, is accompanied by the license fee as fixed by
resolution of Borough Council. The application for renewal shall be
filed by November 15, prior to the December 31 date, blocking the
expiration date of the existing registration.
Any person who violates any provision of this
chapter shall have committed a summary offense. Upon conviction, the
person shall be subject to a fine not exceeding $1,000 per offense,
plus costs of prosecution, and, in default of payment of such fine
and costs, to imprisonment for not more than 30 days. Each day's violation
of this chapter shall constitute a separate offense.
A.
Any person whose application is denied by the Code
Enforcement Officer or, in his absence, the Borough Manager may appeal,
in writing, to be signed by the licensed person or licensed applicant,
such action to a three-member Licensing Appeals Board established
by Borough Council. Such appeal must be filed with the Secretary of
the Borough within 10 days of receiving notice of the appealable action.
B.
The three-member Licensing Appeals Board shall conduct
a public hearing within 30 days of the filing of the appeal.
