A license fee of $50 shall be paid to the Borough Construction Official
at the time the application is submitted.
A license when issued shall be valid for one year from the date of issuance
and until such time as the Borough Construction Official has acted upon an
application for renewal, unless sooner terminated by revocation pursuant to
the terms of this chapter. No later than 60 days before the anniversary date
of the issuance of a license, the holder of a license shall make application
to the Borough Construction Official for its renewal. Application for a renewal
shall follow the same procedures and requirements as set forth for a new application.
The Borough Clerk shall keep a record of all licenses issued under this
chapter.
A. The record shall be in a form prescribed by resolution
of the Council and shall contain the following information:
(1) The name and address of the licensee.
(2) The number and type of the license and nature of the
licensed activity.
(3) The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
(4) If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
(5) The expiration date of the license.
(6) Any other appropriate information which the Mayor and
Council may require by resolution.
B. It shall also indicate the amount of the fee paid for
the license, the date upon which payment was received, the date of the issuance
of the license, whether the license is a new license or a renewal and any
other information which the Mayor and Council may require by resolution.
When the licensed activity is conducted at a fixed location or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases, the licensee shall have the license in his
possession at all times and shall display it upon the request of any police
officer or any person with whom he is doing business.
All work performed by a licensee shall be done in accordance with the Uniform Construction Code and other codes and ordinances applicable to the construction activities described in §
80-1, and shall be done in a good and workmanlike manner in accordance with applicable plans and specifications under accepted practice prevailing in the applicable designated class or classes in §
80-9.
For the purposes of this chapter, there shall be the following classes
for licensing:
A. General contractor. A contractor who is proficient in
the construction of a building or structure from start to finish and the alteration,
addition to, or repair of any building or structure. This class of contractor
shall be equipped to handle such work either by and through his own organization
or through appropriate subcontractors and, in the latter event, must be completely
responsible for his subcontractor's work as if performed or to be performed
directly by the general contractor.
B. Contractor. A contractor who is proficient in the construction
of a building or structure from start to finish and the alteration, addition
to or repair of any building or structure. This class of contractor shall
be equipped to handle such work by and through his own work or his own organization
of employees.
C. Roofing and siding contractor. A contractor who is engaged
in the business of, or who is proficient in applying roofing and siding materials
to existing or new buildings or structures.
D. Demolition contractor. A contractor who is engaged in
the business of, or who is proficient in the demolishing of any building or
structure in whole or in part.
E. Moving contractor. A contractor who is engaged in the
business of, or who is proficient in the moving of any building or structure.
F. Swimming pool contractor. A contractor who is engaged
in the business of, or who is proficient in the installation of swimming pools,
their equipment and appurtenances.
G. Sign or billboard contractor. A contractor who is engaged
in the business of, of who is proficient in the erection, alteration or maintenance
of signs or billboards.
H. Miscellaneous contractor. A contractor who is proficient
in work of a special character as determined by the Borough Construction Official.
I. Subcontractor. A skilled tradesperson other than a plumber
or electrician who furnishes specific construction services.
Any license issued pursuant to this chapter may be revoked by the Council
after notice and a hearing for any of the following causes:
A. Fraud or misrepresentation or concealment of a material
fact in the information given upon registration.
B. Material violation of the building, plumbing and fire
protection codes of the Borough or any other ordinance or statute which governs
the activities or nature of work performed by the contractor.
C. Failure to maintain insurance coverage as required by §
80-2B(9).
D. Filing of a voluntary or involuntary petition in bankruptcy
or insolvency proceeding.
E. Material violation of any federal or state law or local
ordinance that governs the work performed by the applicant and which would
threaten the public health, safety or welfare.
F. Any other conduct of the licensee, whether by the licensee
himself or his agents or employees, which constitutes a breach of the peace
or a menace to the public health, safety or welfare.
Notice of a hearing for the revocation of a license or permit shall
be given, in writing, by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based and the
time and place of the hearing. It shall be served by mailing a copy to the
licensee at his last known address by certified mail, return receipt requested,
at least five days prior to the date set for the hearing.
At the hearing, the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his own behalf,
to cross-examine opposing witnesses and to have a permanent record made of
the proceedings at his own expense. The Council shall revoke or suspend the
license if it is satisfied by a preponderance of the evidence that the licensee
is guilty of the acts charged.
The Council may issue another license to a person whose license has
been revoked or denied as provided in this chapter if, after a hearing, it
is satisfied by clear and convincing evidence that the acts which led to the
revocation or denial will not occur again; otherwise, no person whose license
has been revoked or denied nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
Any license issued under this chapter is not transferable to any other
person, entity or location.
The Council may, by resolution, make rules and regulations which interpret
or amplify any provisions of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective. No regulation
shall be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirements which is in addition to or
greater than the requirements that are expressly or by implication imposed
by any provision of this chapter.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.