This chapter shall be known and may be cited
as the "Township of Marple 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.
CONTRACT
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.
CONTRACTOR
Any person, other than a bona fide employee of the contractor,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, demolition, paving, electric, plumbing,
fire prevention or fire extinguishing, tree surgery, landscaping,
or 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.
[Amended 12-9-2002 by Ord. No. 2002-8]
DIRECTOR
The Director of the Department of Code Enforcement of the
Township of Marple.
LICENSE YEAR
The twelve-month period beginning the first day of January
of each year.
OWNER
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.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
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.
[Amended 9-8-1980 by Ord. No. 80-15; 11-9-1981 by Ord. No.
81-16]
A. 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 Marple as
follows: All contractors shall pay to the Township of Marple a fee
as set from time to time by resolution of the Board of Commissioners.
B. No fee or portion of the license fee shall be returned
to a successful or unsuccessful applicant.
C. Failure to obtain a required annual contractor’s license as required by this chapter will result in a fine or penalty of $100 added to the annual license application fee. This penalty is in addition to any other remedies available to the Township, at law, in equity, or otherwise, including but not limited to the violations and penalties set forth in §
118-15 of this chapter.
[Added 1-9-2012 by Ord. No. 2012-3]
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. If the applicant falsely answered any question or
questions contained on the application form.
B. 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. 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 pleas and pleas of nolo
contendere.
D. 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 applicant's failure to properly
perform a contract as defined in this chapter.
The Director shall revoke any license issued
under the provisions of this chapter 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 Director.
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 Chapter
108, Building Construction, Article
I, Adoption of Standards, as amended, or its successor 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 of Marple.
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 Director 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 is licensed.
H. 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.
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 acts under this chapter.
[Amended 6-12-2000 by Ord. No. 2000-10]
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, be subject to a maximum
fine of $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, imprisonment for a term not exceeding 30 days.
The fine or penalty imposed by this section shall be in addition to
any other penalty imposed by this chapter, and each and every day
in which any person, firm or corporation shall be in violation of
this chapter shall constitute a separate offense.