[Adopted 5-3-2004 by Ord. No. 2004-2]
Administration and enforcement of the Code within the Borough of Eagles
Mere shall be undertaken in any of the following ways as determined by Borough
Council from time to time by resolution:
A. By the designation of an employee of the Borough to serve
as the municipal code official to act on behalf of the Borough;
B. By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Borough;
C. By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement;
D. By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this Borough.
E. By entering into an agreement with the Pennsylvania Department
of Labor and Industry for plan review, inspections and enforcement of structures
other than one-family or two-family dwelling units and utility and miscellaneous
use structures.
A board of appeals shall be established by resolution of Borough Council
in conformity with the requirements of the relevant provisions of the Code,
as amended from time to time, and for the purposes set forth therein. If at
any time enforcement and administration is undertaken jointly with one or
more other municipalities, said board of appeals may be established by joint
action of the participating municipalities.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this article and the code shall be established by the
Borough Council by resolution from time to time.
[Adopted 7-5-2004 by Ord. No. 2004-3]
This article shall be known and may be cited as the "Eagles Mere Borough
Contractor Registration Ordinance."
This article shall apply to all persons, companies, corporations, individuals,
partnerships or other entities doing construction, demolition, excavation
or other similar work which would require an inspection to be performed pursuant
to the Pennsylvania Construction Code, Act 45 of 1999, with the exception
of the owner or occupant of the property or building who is performing his
own work.
Administration and enforcement of the article shall be undertaken in
any of the following ways as determined by Borough Council from time to time
by resolution.
A. By the Borough through the designation of its employee(s);
B. By the retention of a third-party agency to act on behalf
of the Borough;
C. By agreement with one or more other municipalities for
the joint administration and enforcement through an intermunicipal agreement;
D. By a cooperative effort through a Council of Governments;
or
E. By entering into a contract with another municipality
for administration and enforcement on behalf of the Borough.
Every entity engaging in construction services covered under this article
shall first register with the Borough or its designated agent. The application
shall be on a form provided by the Borough or its agent and shall contain
at least the following information:
A. Full name of applicant and mailing address.
B. Type of entity and, if other than an individual, the
person responsible to provide the required information.
C. Business telephone number.
D. The applicant shall also provide the following documents:
(1) A copy of the certificate of workers' compensation
insurance from his insurance company or certificate of self insurance from
the Department of Labor and Industry or a notarized affidavit of exemption
from workers' compensation insurance, stating that the individual, company,
corporation, etc. will not hire any employees to work on the construction
project.
(2) A copy of the certificate of liability insurance.
(3) If the workers' compensation or liability insurance
policy expires, lapses, terminates or is canceled before the end of the calendar
year for which registration has been accomplished, or if the applicant changes
the coverage to a different policy or company, the applicant shall be responsible
to submit a new copy of the certificate of insurance.
(4) Contractor's federal or state employer identification
number.
No registration shall be accepted under this Ordinance until the proper
fee shall be paid to the Borough or its agent, which fee will be used to defray
administrative enforcement costs. Said fee shall be set by Borough Council
from time to time by resolution. All registrations shall be effective only
for the calendar year in which they are filed and must be renewed yearly on
or before January 31 of each year.
Any registration filed under this article may be suspended at any time
by the Borough or its agent for violation of Act 45 of 1999, loss of insurance
coverage or other good reasons. Appeals from any suspension may be made to
Borough Council or by a process established by its designated agent at any
time within 10 days after such suspension. No part of a registration fee shall
be refunded to any person whose registrations shall have been suspended.
Any person, company, corporation or individual who shall violate any
provision of this article shall, upon conviction thereof in a summary proceeding,
be fined not more than $1,000 plus costs and reasonable attorney's fees
for each offense. In default of payment thereof, shall undergo imprisonment
for a period not exceeding 30 days. Each day or portion of day a contractor
works without having a valid registration shall be considered a separate offense.
This article shall become effective immediately after its enactment.