[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
8-6-2002 by Ord. No. 271. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 65.
This chapter shall be known and may be cited as the "Tullytown Borough
Contractor Licensing Ordinance."
A.
BOROUGH
CONTRACT
CONTRACTOR
LICENSE YEAR
OWNER
PERSON
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:
Borough of Tullytown or its representative.
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 repair, reroofing, remodeling, rehabilitation,
demolition, and any other residential or nonresidential construction or demolition
work in the Borough, whether as a general contractor, subcontractor, specialty
contractor, or home improvement contractor with respect to the owner.
The twelve-month period beginning the first day 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.
B.
The masculine includes the feminine, the singular includes
the plural, the plural indicates the singular.
A Borough official or its authorized representatives shall administer
and enforce the provisions of this chapter.
No person shall act as a contractor in the Borough except in compliance
with the provisions of this chapter. Any person, including an owner, who willfully
aids 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.
For this license year beginning October 1 and each license
year thereafter, every person desiring to continue to engage in or hereafter
to begin to engage in the business of action as a contractor in the Borough
shall make application for a license as a contractor in the Borough.
B.
Such application shall be made by the completion of an
application furnished by the Borough and the payment of license fee as hereinafter
set forth in this chapter.
C.
Each application must contain information as set forth
hereafter in this chapter.
D.
Each application for a license shall be signed by the
applicant, if a natural person, and in the case of an association or a partnership,
by a member or partner hereof, and in the case of a corporation, by an officer
thereof.
E.
Each successful applicant shall be issued a license.
F.
Every licensed contractor, while actually acting as a
contractor in the Borough, shall carry the said license with him and present
same on demand.
G.
All contractors' licenses shall expire at 12:00 midnight
on September 30 of each license year unless the license is revoked or suspended
prior thereto under the terms of this chapter.
H.
A person with an unexpired license and 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 only submit the required license fee; and, if he qualified
for licensing and renewal under the terms of this chapter, his license shall
be renewed for the following license year; and he will be issued a new license
for the following license year.
I.
Any contractor carrying on the business of contractors
in the Borough must secure a license under the terms of this chapter for each
license year during which he carries on such business.
A.
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.
No contractor's license shall be required of any person
when acting in a particular capacity or particular type of transaction as
follows:
(1)
A person who performs labor or services for a contractor
for wages or salary.
(2)
A person 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.
A.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Borough at the time of license application.
The certificate of insurance shall contain a provision that coverages afforded
under the policy will not be canceled until at least 15 days' prior written
notice of such cancellation has been given to the Borough. 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 single occurrence limit
of at least $250,000.
B.
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.
A.
At the time of application for a new license or for the
renewal of a current license, the applicant shall pay to the Borough a license
application fee, all payable to Tullytown Borough, in an amount to be set
from time to time by resolution of the Borough Council, for the following
applications:[1]
B.
No fee or portion thereof shall be returned to a successful
or unsuccessful applicant.
A.
When an application has been filed with the Borough in
proper form, the Borough must, within a period of 15 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 Borough shall mail to the unsuccessful applicant a written statement setting
forth the reason or reasons for the denial, within the aforesaid fifteen-day
period.
B.
The application for a license shall be a printed form,
provided to the applicant by the Borough, 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 shall
not be limited to, the following:
(1)
The names of owners, partners, directors, and officers
of the applicant, the business address and trade names of the applicant.
(2)
A statement as to whether or not any municipalities have
refused to issue or have revoked any similar contractor's licenses on 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)
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 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 or contracts as a contractor. The term "conviction"
shall include guilty pleas and pleas of nolo contendere. If any such convictions
exist, 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.
(4)
A listing of all unsatisfied civil judgments in any jurisdiction
against the applicant, if such civil judgments were entered on 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, 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.
No license shall be issued or renewed under the following circumstances:
A.
If the applicant falsely answers 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 the municipality's building
codes.
C.
If the applicant fails to comply with any of the terms
of this chapter.
D.
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.
E.
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.
The Borough shall revoke any license issued under the provisions of
this chapter under the following circumstances:
A.
If the licensee falsely answers any question or questions
contained on an application for licensing or renewal of licensing previously
submitted to the Borough.
B.
Failure of the licensee to maintain during the license
year the policies of insurance required under the provisions of this chapter.
D.
If the licensee violates any condition or requirement
of a construction permit.
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 change
and without first notifying the Borough 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
Borough 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 Borough under the authority of this chapter
or any other ordinance.
Any contractor who is refused a license or whose license is revoked
shall have a right to appeal to the Tullytown Borough Construction Board of
Appeals. Appeal must be made in writing within 30 days from the decision of
the Borough. Application for appeal may be obtained from the Borough.
Any person, as defined in this chapter, who violates any conditions
shall, upon conviction before a District Justice, be sentenced to pay a fine
or penalty of $300 and costs of prosecution for each offense, to be collected
as like fines or penalties and costs are now by law collectible.
