[Ord. 889, 12/20/1993, § 1.01]
The following words and phrases as used in this Part 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 plural includes the
singular.
The Borough of Hatboro.
An agreement, whether oral or written and whether contained
in one or more documents, between a contractor and an owner or another
contractor for the performance of work, including all labor, services,
and materials to be furnished and performed thereunder.
Any person, other than a bona fide employee of the contractor,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, demolition, paving, electrical, and any
other residential or nonresidential construction or demolition work
in the Borough, whether as a general contractor, subcontractor, specialty
contractor, or home improvement contractor with respect to the property
owner.
The twelve-month period beginning the first day of January
of each year.
Any individual, partnership, limited partnership, association,
corporation, trust, or other legally recognizable entity.
[Ord. 889, 12/20/1993, § 1.02]
The Borough Manager, the Code Enforcement Officer, or their
authorized representatives shall administer and enforce the provisions
of this Code.
[Ord. 889, 12/20/1993, § 1.03]
No person shall act as a contractor in the Borough except in
compliance with the provisions of this Part. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provisions of this Part is in violation of this Part.
The provisions of this Part may not be waived by agreement.
[Ord. 889, 12/20/1993, § 1.04]
A license issued pursuant to this Part shall not be construed
to authorize the licensee to perform any particular type of work or
type of business which is reserved to qualified licenses under other
provisions of state or local law.
[Ord. 889, 12/20/1993, § 1.05]
1.
For the license year beginning January 1, 1994, 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 Borough shall, on or before the first day of January 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 Borough.
2.
Such application shall be made by the completion of an application
furnished by the Code Enforcement Officer and the payment of the prescribed
license fee. Each application must contain the information required
hereinafter by this Part, 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.
3.
Each successful applicant shall be issued a license, which license
shall be in the form of a wallet-sized card. Every licensed contractor,
while actually acting as a contractor in the Borough, shall carry
said license card with him and shall display it to the Code Enforcement
Officer or his representatives upon request to do so.
4.
All contractors' licenses shall expire at midnight on December
31 of each license year unless the license is revoked or suspended
prior thereto under the terms of this Part. 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 Part, his license shall be renewed
for the following license year, and he will be issued a new license
card for the following license year.
[Ord. 889, 12/20/1993, § 1.06]
1.
The provisions of this Part 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, however, that no person engaged by
the representative of any of the foregoing shall act as a contractor
in the Borough unless such person shall first have complied with and
have been licensed under the provisions of this Part.
2.
No contractor's license shall be required or any person when
acting in a particular capacity or particular type of transaction
as follows:
A.
A person who performs labor or services for a contractor for wages
or salary.
B.
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 a craft or
profession, and who is acting exclusively within the scope of such
craft or profession for which he is currently licensed pursuant to
such other law.
[Ord. 889, 12/20/1993, § 1.07]
1.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Code Enforcement Officer
at the time of license application. The certificate of insurance shall
contain a provision that coverage afforded under the policy will not
be canceled until at least 15 days' prior notice of such cancellation
has been given to the Borough. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant,
for public liability, property damage, products liability, and completed
operations, each of which must have a single occurrence limit of at
least $50,000. Blasting and demolition contractors, and the reasonable
limits of such insurance shall be determined by the Code Enforcement
Officer at the time of application, based on the nature and extent
of the applicant's proposed operations. Workers' compensation
coverage must be carried to the extent required by law.
2.
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 Part.
[Ord. 889, 12/20/1993, § 1.08]
[Ord. 889, 12/20/1993, § 1.09]
1.
The application for a license shall be a printed form provided to
the applicant by the Code Enforcement Officer, 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:
A.
The names of owners, partners, directors, and officers of the applicant
and the business address and trade names of applicant.
B.
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.
[Ord. 889, 12/20/1993, § 1.10]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address, or trade name,
notify the Code Enforcement Officer of such change.
[Ord. 889, 12/20/1993, § 1.11]
1.
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.
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 Borough 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 pleas and pleas of nolo contendere.
[Ord. 889, 12/20/1993, § 1.12]
1.
The Code Enforcement Officer shall revoke any license issued under
the provisions of this Part under the following circumstances:
A.
If the licensee falsely answered any question or questions contained
on an application for licensing or renewal of licensing previously
submitted to the Code Enforcement Officer.
B.
If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this Part.
C.
If the licensee violates any of the terms or provisions of the BOCA
Building Code, as amended, or its successor or any terms or provisions
of this Part.
D.
If the licensee violates any condition or requirement of a building
permit, or highway permit issued by the Borough.
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 Enforcement Officer of
any such change.
F.
If the licensee does any business through any person who is subject
to the licensing requirements of this Part and who is not licensed
as required by this Part.
G.
If the licensee conducts a contractor's business in the Borough
under any name other than that under which he is licensed.
H.
If the licensee fails to comply with an order, demand, or requirement
lawfully made under the authority of this Part or any other Borough
ordinance.
[Ord. 889, 12/20/1993, § 1.15; as amended by Ord.
907, 9/23/1996, § 13-113]
Any person who fails to correct a violation or institute a remedial
action as ordered by the Code Enforcement Officer or who violates
a provision or fails to comply with any requirements of this Part
or of any of the other applicable provisions of the Borough Code,
upon conviction thereof, shall be sentenced to a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day that
a violation of this Part continues shall constitute a separate offense.
