[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 4-19-1999
by Ord. No. 1999-2. Amendments noted where applicable.]
A.
Except for entities required to register pursuant to
the New Home Warranty and Builders' Registration Act, every person and
entity engaged in the business of constructing, erecting, altering, renovating,
repairing, reroofing, residing, moving or demolishing the whole
or any part of buildings or structures, or providing carpentry, masonry, HVAC,
or other work typically provided by subcontractors (other than plumbers and
electricians) thereof, or engaged in the construction or installation of swimming
pools, or engaged in the business of erecting or altering signs, for any of
which a building permit is required, shall be required to register with the
Borough of Pemberton.
B.
The owner or occupant of a building or structure applying
for a building permit required herein shall not be required to register provided
that he does his own work without the use of any contractor or subcontractor
and executes sworn statement to this effect on forms supplied by the Borough
Construction Official.
A.
The application for licensing as required by § 80-1 above shall be made to the Borough Construction Official on a form furnished by the Code Enforcement Department. The application shall be approved or denied within seven days after it is filed. If no action has been taken by the Construction Official within said seven days, the application shall be deemed approved.
B.
The application shall set forth or provide the following:
(1)
The applicant's name, business name and address,
and whether the applicant is an individual, partnership, corporation or any
other entity and, if any other entity, a full explanation and description
thereof.
(2)
In the case of an individual, the name and local address
of said person.
(3)
In the case of a partnership, the names and addresses
of all members of said partnership, whether special or limited partners.
(4)
In the case of a firm or corporation, the name and address
of the principal office, the name and address of the registered agent, and
the names and addresses of all officers, directors, managerial employees and
stockholders owning 10% or more of the outstanding stock of any class of the
corporation.
(5)
In the case of any other entity, the names and addresses
of each person owning or having an interest, either legal or equitable, aggregating
in value 10% or more of the total capacity of said entity, and the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
A statement as to whether the applicant or any partners,
officers or stockholders thereof have been convicted of any crime or the violation
of any municipal ordinance other than a traffic offense and, if so, the date
and place of conviction, and the nature of the offense and the penalty imposed.
(7)
The number of years the applicant has been in business
at its present business or at any prior location, including the address of
such prior locations, if any.
(8)
The applicant shall furnish documentation of training and experience in the relevant class designated in § 80-9. Each such application shall include at least three personal references, indicating the training received or the location of the work performed by the applicant. In addition, the applicant shall provide a list of other municipalities where the applicant is licensed or registered.
(9)
A certificate of insurance in an amount not less than
$500,000 for general comprehensive and liability insurance.
A.
Each application shall be reviewed by the authorized
personnel of the Code Enforcement Department with reference to the truth of
the matters contained therein.
B.
The Borough Construction Official and Engineer shall
determine if the character and business responsibility of the applicant, or
any partner, officer or stockholder thereof, is satisfactory on the basis
of the information supplied and if the training and experience are sufficient
to protect the citizens of the Borough of Pemberton from commercially unreasonable
and unsafe work; and if the Borough Construction Official and Engineer so
determine, they shall cause a license to be issued to the applicant unless
the application is incomplete or the investigation by the Code Enforcement
Department, Borough Construction Official or Engineer disclose any of the
following:
(1)
A conviction for a crime involving moral turpitude.
(2)
Prior violations of the statutes, ordinances or regulations
relevant to the construction, erection, alteration, repair, restoration, rarefying,
residing, moving or demolition of any building, structure, swimming pool,
sign, billboard or part thereof.
(3)
A determination of previous fraudulent acts or conduct.
(4)
A record of continual breaches of contracts.
(5)
Concrete and substantiated evidence of bad character.
(6)
Failure to demonstrate training or experience in the
class in which the applicant seeks to be licensed.
(7)
Grounds similar to those listed above which reasonably
indicate that the character and business responsibility of the applicant,
or any partner, officer or stockholder thereof, is not satisfactory.
C.
In the event of the refusal of the issuance of a license,
the applicant may appeal to the Council for a hearing. The appeal shall be
filed, in writing, with the Borough Clerk within 14 days after notification
of the refusal. The Council shall hold its hearing within 10 days thereafter,
and its decision shall be final.
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.
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.
