Township of Lower Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
 
GENERAL REFERENCES
License fees — See Section 208.04(e).
Township Code Official — See Ch. 248.
BOCA National Building Code — See Ch. 1440.

§ 1478.01 Definitions.

[Ord. 276. Passed 9-18-1990]
The following words and phrases, as used in this chapter, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. The masculine includes the feminine, the singular includes the plural and the plural includes the singular.
(a) 
"Contract" means an agreement, whether oral or written and whether contained in one or more documents, between the contractor and an owner or another contractor for the performance of work, including all labor, services and materials to be furnished and performed thereunder.
(b) 
"Contractor" means any person, other than a bona fide employee of the contractor, who undertakes or offers to perform construction, repair, reroofing, remodeling, rehabilitation, demolition, paving and any other residential or nonresidential construction or demolition work in the Township, whether as a general contractor, subcontractor, specialty contractor or home improvement contractor with respect to the property owner.
(c) 
"License year" means the twelve-month period beginning September 1 of each year.
(d) 
"Person" means any individual, partnership, limited partnership, association, corporation, trust or other legally recognizable entity.
(e) 
"Township" means the Township of Lower Gwynedd.
(f) 
"Home improvement" shall have the same definition as that term has in the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132, as amended.
[Added 8-25-2009 by Ord. No. 465]

§ 1478.02 Enforcement.

[Ord. 276. Passed 9-18-1990]
The Code Official or his or her authorized representative shall administer and enforce the provisions of this chapter.

§ 1478.03 Compliance required.

[Ord. 276. Passed 9-18-1990]
No person shall act as a contractor on any project for which a building permit is required in the Township, except in compliance with the provisions of this chapter. Any person, including an owner, who willfully aids a contractor or participates with a contractor in violating any provisions of this chapter is in violation of this chapter. The provisions of this chapter may not be waived by agreement.

§ 1478.04 Applicability of license.

[Ord. 276. Passed 9-18-1990]
A license issued pursuant to this chapter shall not be construed to authorize the licensee to perform any particular type of work or type of business which is reserved to qualified licensees under other provisions of State or local law.

§ 1478.05 License required; application; issuance; renewal.

[Ord. 276. Passed 9-18-1990]
(a) 
For the license year beginning September 1, 1990, and each license year thereafter, every person desiring to continue to engage in or hereafter to begin to engage in the business of acting as a contractor in the Township shall, on or before September 1 of the license year or prior to commencing business in such license year, make application for a license to act as a contractor in the Township.
(b) 
Such application shall be made by the completion of an application furnished by the Code Official and the payment of the prescribed license fee. Each application must contain the information required hereinafter by this chapter and must present satisfactory proof of insurance. Each application for a license shall be signed by the applicant if a natural person, and in the case of an association or a partnership, by a member or partner thereof, and in the case of a corporation, by an officer thereof.
(c) 
Each successful applicant shall be issued a license, which license shall be in the form of a wallet-sized card and in the form of a vehicle bumper sticker. Every licensed contractor, while actually acting as a contractor in the Township, shall carry said license card with him or her and shall display it to the Code Official or his or her representative upon request to do so. Every licensed contractor shall at all times display his or her bumper sticker license on the rear bumper of the vehicle he or she primarily uses in his activities as a contractor.
(d) 
All contractors' licenses shall expire at midnight on August 31 of each license year, unless the license is revoked or suspended prior thereto under the terms of this chapter. A person with an unexpired license and which has not been revoked or suspended during the current license year, who makes application for a license for the following license year, need not complete an application form, but must only submit the required license fee and, if he qualifies for licensing and renewal under the terms of this chapter, his or her license shall be renewed for the following license year, and he or she will be issued a new license card and bumper sticker for the following license year.

§ 1478.06 Exceptions.

[Ord. 276. Passed 9-18-1990]
(a) 
The provisions of this chapter shall not apply to the official transactions of any authorized representative of the government of the United States, any state or commonwealth of the United States, any political subdivision of any state or commonwealth, or any agency or instrumentality of the foregoing governments, provided that no person engaged by the representative of any of the foregoing shall act as a contractor in the Township unless such person shall first have complied with and have been licensed under the provisions of this chapter.
(b) 
No contractor's license shall be required of any person when acting in a particular capacity or particular type of transaction as follows:
(1) 
A person who performs labor or services for a contractor for wages or salary; or
(2) 
A person who is required by other State or local law to attain standards of competency or experience, and who must obtain licensing under such other State or local law as a prerequisite to engage in craft or profession and who is acting exclusively within the scope of such craft or profession for which he or she is currently license pursuant to such other law.
(3) 
A contractor who undertakes, offers to undertake or agrees to perform any home improvement. However, all such contractors shall, prior to receiving a building permit or other permit from the Code Official for any home improvement, provide the Code Official with proof that the contractor is registered with the Commonwealth of Pennsylvania as required by the Act of October 17, 2008, P.L. 1645, No. 132, as amended, known as the "Pennsylvania Home Improvement Consumer Protection Act."
[Added 8-25-2009 by Ord. No. 465]

§ 1478.07 Insurance required.

[Ord. 276. Passed 9-18-1990]
(a) 
No contractor's license shall be issued unless the applicant files a certificate of insurance with the Code Official at the time of license application. The certificate of insurance shall contain a provision that coverages afforded under the policy will not be canceled until at least 15 days prior notice of such cancellation has been given to the Township. The certificate of insurance must evidence policies of insurance, maintained at the expense of the applicant, for public liability, property damage, errors and omissions and workers' compensation, each of which must have a single occurrence limit of at least $100,000. Blasting and demolition contractors and the reasonable limits of such insurance shall be governed by the applicable Township laws on blasting.
(b) 
All types and limits of insurance for which certificates are presented at the time of application and based upon which a license is issued shall be maintained throughout the license year, or the license will be suspended or revoked as hereinafter set forth in this chapter.

§ 1478.08 Fees.

[Ord. 276. Passed 9-18-1990]
(a) 
The annual contractor's license fee shall be initially set at $100 and thereafter shall be in the amount set forth in the General Fee Schedule, being Chapter 208 of the Administration Code.
(b) 
There shall not be a prorated reduction in the license fee.

§ 1478.09 Contents of application.

[Ord. 276. Passed 9-18-1990]
(a) 
The application for a license shall be a printed form provided to the applicant by the Code Official and the application shall require a written answer to all questions contained thereon. Failure to answer all questions on the application form shall mean that the application is incomplete and will not be considered until completed. The application form shall be signed by the applicant. The questions and information requested on the application form shall include, but not be limited to, the following:
(1) 
The name of owners, partners, directors and officers of the applicant and the business address and trade names of the applicant.
(2) 
A statement as to whether or not any municipalities have refused to issue or have revoked any similar contractor's licenses to the applicant within two years previous to the date of the application, in the event that there has been such a denial or revocation, the applicant must explain in writing the reasons for such denial or revocation.
(3) 
A listing of all previous contractor's jobs completed or accepted by the applicant within two years prior to the application, not to exceed five years, along with a statement of the location of the jobs, and the names, addresses and telephone numbers of the party or parties who contracted with the applicant for such jobs.

§ 1478.10 Notification of changes.

[Ord. 276. Passed 9-18-1990]
Every contractor licensee shall, within ten days after a change in ownership, directors, officers, management, address or trade name, notify the Code Official, in writing.

§ 1478.11 Refusal to issue or renew license.

[Ord. 276. Passed 9-18-1990]
No license shall be issued or renewed under the following circumstances:
(a) 
If the applicant falsely answered any question or questions contained on the application form; or
(b) 
If the applicant has been convicted within two years prior to the date of the application for any crimes or offenses under any Federal or state criminal statute or common law criminal offense, or for violation of any municipal ordinance, so long as such convictions were for crimes or offenses related to the applicant's work as a contractor. The term "conviction" shall include guilty and pleas of no lo contendere.

§ 1478.12 Revocation of license.

[Ord. 276. Passed 9-18-1990]
The Code Official shall revoke any license issued under the provisions of this chapter under the following circumstances:
(a) 
If the licensee falsely answers any question or questions contained on an application for licensing or renewal of licensing previously submitted to the Code Official;
(b) 
If the licensee fails to maintain, during the license year, the policies of insurance required under the provisions of this chapter;
(c) 
If the licensee violates any of the terms or provisions of the BOCA National Building Code, as adopted in Section 1440.01, or any terms or provisions of this chapter;
(d) 
If the licensee violates any condition or requirement of a building permit, sewer construction permit or highway permit issued by the Township;
(e) 
If the licensee willfully deviates from or disregards any plans or specifications for any contracting job in any material respect without first obtaining the consent of the owner, in writing, to any such change and without first notifying the Code Official of any such change;
(f) 
If the licensee does any business through any person who is subject to the licensing requirements of this chapter and who is not licensed as required by this chapter;
(g) 
If the licensee conducts a contractor's business in the Township under any name other than that under which he or she is licensed; or
(h) 
If the licensee fails to comply with an order, demand or requirement lawfully made by the Code Official under the authority of this chapter or any other provision of these Codified Ordinances.

§ 1478.13 Violations; equitable remedies.

[Ord. 276. Passed 9-18-1990]
(a) 
No person shall fail to correct a violation or institute a remedial action as ordered by the Code Official or violate a provision or fail to comply with any requirement of this chapter.
(b) 
The imposition of the penalties prescribed in Section 1420.99 shall not preclude the Township Solicitor from initiating appropriate actions or proceedings at law or in equity to effect the purposes of this chapter.

§ 1478.99 Penalty. [1]

[1]
Editor's Note: See Section 1420.99 for general Code penalty, if no specific penalty is provided.