[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Frederick 1-7-2002 by Ord. No. 02-1. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Upper Frederick Township Contractor Licensing Ordinance."
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.
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 owner,
who undertakes or offers to perform construction, alterations, repairs,
site improvements, sign installation and any other residential or
nonresidential construction, or demolition or blasting work in the
Township, whether as a general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the owner.
The Director of the Office of Code Enforcement of the Township
of Upper Frederick.
The twelve-month period beginning the first day of January
of each year.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift or otherwise.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
The Township of Upper Frederick.
The Director, or his authorized representatives,
shall administer and enforce the provisions of this chapter.
No person shall act as a contractor 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.
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.
A.Â
For the license year beginning January 1, 2002, and
each license year thereafter, it shall be unlawful for any person,
firm or corporation to engage in the business of constructing, altering,
repairing, roofing, remodeling, siding, demolishing or removing the
whole or any part of a building or structure; or to install, resurface
or improve driveways or sidewalks; or to engage in the construction
or installation of swimming pools, satellite-receiving antennas, tennis
courts, fences, garages, carports or storage sheds; or to engage in
installation or replacement of heating/ventilating/air conditioning
or sprinkler systems, tanks and gasoline pumps; or to engage in site
improvement, including grading, paving, curbing or stormwater drainage
installation; or to engage in the business of erecting or altering
signs; or to engage in the hauling and spreading of sludge; or engage
in the sale and installation of automatic protection devices; or conducting
electrical inspections, without first obtaining a license therefor,
as required by this chapter.
[Amended 2-17-2011 by Ord. No. 2011-01]
B.Â
Such license shall be secured by the filing of an
application, prepared and furnished by the Director, and the payment
of a license fee as hereinafter set forth in this chapter.
C.Â
Each application shall be signed by the applicant,
if a natural person, and, in the case of an association, firm, partnership
or corporation, by a member, officer or agent of said association,
firm, partnership or corporation. For each association, firm, partnership
or corporation, any license will be issued in the name of the association,
firm, partnership or corporation and the individual officer or agent
of the association, firm, partnership or corporation who applies for
the license shall be the custodian of the license. If the individual
custodian of the license ceases to be an associate, member or agent
of the association, firm, partnership or corporation, the association,
firm, partnership or corporation shall promptly inform the Township
of the name, title, position and address of the new custodian of the
license.
D.Â
Each successful applicant shall be issued a license,
which shall be in the form of a wallet-sized card. Each licensed contractor
shall carry the license card on their person and, upon demand, shall
display the license card to the Director, or his representative.
E.Â
All contractors' licenses shall expire at 12:00 midnight
on December 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, 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 submit the required license fee and, if the person qualifies
for licensing and renewal under the terms of this chapter, the license
shall be renewed for the following license year and a new license
card and bumper sticker will be issued for the current licensing year.
F.Â
Any person carrying on the business of contracting
in the Township of Upper Frederick must secure a license under the
terms of this chapter for each license year during which he carries
on such business.
A.Â
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.
B.Â
No contractor's license shall be required of any person
when acting in a particular capacity or particular type of transaction,
as follows:
(1)Â
A person who performs labor or services for a contractor
for wage or salary.
(2)Â
An individual 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.
No contractor's license shall be issued unless
the applicant files a certificate of insurance with the Director at
the time of license application. The certificate of insurance shall
contain a provision that coverage's afforded under the policy will
not be cancelled until at least 15 days prior written notice of such
cancellation has been given to the Township of Upper Frederick. 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 $300,000 for all contractors
and must name the Township of Upper Frederick as an additional insured.
Blasting and demolition insurance shall also be required for blasting
and demolition contractors; blasting and demolition insurance coverage
must be in the amount of $1,500,000, and must name the Township of
Upper Frederick as an additional insured for the time period involved
for the blasting or demolition permit. 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. The Director must approve the responsibility
of a new insurance carrier prior to a change in a carrier during a
license year.
At the time of application for a new license or for the renewal of a current license, the applicant shall pay to the Director a license application fee, all payable to the Township of Upper Frederick, which fee shall be set by resolution of the Board of Supervisors of Upper Frederick Township. No fee, or portion thereof, shall be returned to a successful applicant. Except as provided in § 117-6C, as to custodians of licenses for organizations, no license shall be transferable.
A.Â
When an application has been filed with the Director
in proper form, the Director shall, within a period of 30 days from
the date following the date the application is received, issue or
refuse to issue the appropriate contractor's license to the applicant.
If issuance of a license is denied, the Director shall mail to the
unsuccessful applicant a written statement setting forth the reason
or reasons for the denial within the aforesaid thirty-day period.
B.Â
The application for a license shall be a printed form,
provided to the applicant by the Director, 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
applicant is not entitled to consideration of his application until
he has answered all questions. The application form shall be signed
by the applicant under oath. The questions and information requested
on the application form shall include, but not be limited to, the
following:
(1)Â
The names of owners, partners, directors and officers
of the applicant and the business address and trade names of the applicant.
(2)Â
A statement as to whether or not any municipalities
have refused to issue or have revoked any similar contractor's license
to the applicant within two years previous to the date of the application.
In the event there has been such a denial or revocation, the applicant
must explain, in writing, the reasons for such denial or revocation.
(3)Â
A listing of at least five previous contractors' jobs
completed by the applicant within one year prior to the application,
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.
(4)Â
A listing of all convictions within two years prior
to the date of the application for any crimes or offenses under any
federal or state criminal statutes or common law criminal offenses,
or for violation of any Township ordinance, so long as such convictions
were for crimes or offenses related to the applicant's work or contracts
as a contractor. The term "conviction" shall include guilty pleas
and pleas of nolo contendere. If any such conviction exists, the applicant
shall give, in writing, the caption, court and term number of the
proceeding leading to the conviction. The applicant shall also explain,
in writing, the nature of the conviction.
(5)Â
A listing of all unsatisfied civil judgments in any
jurisdiction against the applicant, if such civil judgments were entered
in a lawsuit in which it was alleged that the applicant failed to
complete a contract, as defined in this chapter, or improperly performed
a contract, as defined in this chapter. The applicant shall give,
in writing, the caption, court and term number of the civil action
upon which any such judgments were entered, and shall explain, in
writing, the nature of all such civil judgments.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Director of such change.
No license shall be issued or renewed under
the following circumstances:
A.Â
If the applicant falsely answered any question or
questions contained on the application form.
B.Â
If the applicant has been refused a similar contractor's
license, or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal; and if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.Â
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 Township 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.
D.Â
If an unsatisfied civil judgment against the applicant
exists in any court in any jurisdiction, and if the record of such
court shows that such judgment was entered because of the applicant's
failure to complete a contract, as defined in this chapter, or if
such judgment was entered because of the applicant's failure to properly
perform a contract, as defined in this chapter.
A.Â
The Director shall revoke any license issued under
the provisions of this chapter under the following circumstances:
(1)Â
If the licensee falsely answered any question or questions
contained on the application for licensing or renewal of licensing
previously submitted to the Director.
(2)Â
Failure of the licensee to maintain, during the license
year, the policies of insurance required under the provisions of this
chapter.
(3)Â
If the licensee violates any of the terms or provisions
of this chapter of the Upper Frederick Township Code , as amended,
or any terms or provisions of this chapter.
(4)Â
If the licensee violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Township of Upper Frederick.
(5)Â
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 Director of any
such change.
(6)Â
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.
(7)Â
If the licensee conducts a contractor's business in
the Township under any name other than that under which he is licensed.
(8)Â
If the licensee fails to comply with an order, demand
or requirement lawfully made by the Director under the authority of
this chapter or any other Township ordinance.
B.Â
Revocation of a license shall remain in effect for
a period of one year, after which the licensee may reapply.
Appeals from any decisions of the Director shall
be made within 30 days to the Board of Supervisors, who shall hold
a hearing and thereafter render a decision.
In addition to all other acts prohibited by
the terms of this chapter, those acts warranting revocation of a license
under this chapter shall also be prohibited.
In addition to refusal or revocation of a license
as provided under this chapter, any person, as defined in this chapter,
or any officer, agent, servant or employee thereof who shall fail,
neglect or refuse to comply with any of the terms or provisions of
this chapter shall, upon conviction thereof before a District Justice,
be sentenced to pay a fine or penalty not to exceed $1,000 and costs
of prosecution for each offense, to be collected as like fines or
penalties and costs are now by law collectible. The fine or penalty
imposed by this section shall be in addition to any other penalty
imposed by this chapter.