[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 5-22-1984 by Ord. No. 846. Amendments noted where applicable.]
Uniform construction codes — See Ch. 132.
Every person, partnership or corporation who engages in a service regulated by the State Uniform Construction Code shall obtain a license from the Borough Code Enforcement Agency prior to operating, conducting or otherwise performing any service thus regulated.
The type of contractors to be licensed shall include, but not be limited to: general builders, subcontractors, plumbers, electricians, siding and roofing contractors, alarm installers, masons, fence installers, sign installers, earth excavators and heating and cooling contractors.
The license, when issued, shall be valid for one calendar year from the date of issuance and shall be renewed thereafter on the anniversary date each year.
Application shall be made on a form provided by the Borough and may include information concerning liability insurance, federal employment number, social security numbers, years in business and other licenses held.
Such license may be revoked upon any infraction of the Uniform Construction Code or Borough ordinance or county or state statute regulating contractor activities.
[Amended 4-16-1991 by Ord. No. 984]
Exceptions to licensing requirement shall be as follows:
Upon receipt of each application with the appropriate fee, the Construction Code Official shall submit the same to the Police Department for a report with reference to the truth of the matters contained in the application and for the purpose of obtaining a copy of any police record which the applicant or any partner, officer or stockholder thereof may have.
Upon the return of such report, the Construction Code Official shall determine if the character and business responsibility of the applicant or any partner, officer or stockholder thereof is satisfactory; and if the Construction Code Official so determines, he shall cause the applicant to be so registered. The Construction Code Official shall determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof is satisfactory unless the application, the report of the Police Department or other evidence presented to the Construction Code Official shall tangibly disclose any of the following:
Conviction for a crime involving moral turpitude.
Prior violations of statutes, ordinances or regulations relevant to the construction, erection, alteration, repair, restoration, reroofing, re-siding, moving or demolition of any building, structure, swimming pool, sign, billboard or part thereof which have not been corrected.
A determination of previous fraudulent acts or conduct.
A history of adjudicated breaches of contract.
If said registration is denied, the applicant shall be advised and so informed in writing of the reasons for the denial. The applicant may appeal to the Municipal Council the Construction Code Official's determination within 20 days. A copy of the notice of appeal shall be served upon the Municipal Clerk and a copy thereof upon the governing body and the Construction Code Official. The Council shall entertain the appeal within 30 days of the receipt of the notice of appeal.
If any person registered in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinances of the Borough of Emerson relevant to the construction, erection, alteration, repair, restoration, reroofing, re-siding, moving or demolition of any building, structure, swimming pool, sign, billboard or part thereof, the Construction Code Official shall remove the registration of such person immediately. The Construction Code Official shall not restore such registration during such time as the violations for which such conviction was obtained exist or remain.
If the Construction Code Official determines that the character or business responsibility of any person registered in accordance with the provisions of this chapter has become unsatisfactory, the Construction Code Official shall remove the registration of such person immediately and shall hold a public hearing before the Mayor and Council of the Borough of Emerson within 10 days of said removal. The Mayor and Council of the Borough of Emerson shall make a determination, after said hearing, as to whether the registration of such person shall be reinstated or revoked. At least five days' notice, in writing, of the time, place and purpose of such public hearing shall be given to the registration holder by the Construction Code Official. In determining whether the character and business responsibility of such registration holder has become unsatisfactory, the Construction Code Official shall be bound by those standards set forth in Subsection B above for the issuance of registrations.
The Borough of Emerson does not act as a guarantor of any of the work done by contractors registered under this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.