[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl 1-17-1977 by Ord. No. 381, approved 1-17-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 50.
Licensed occupations — See Ch. 70.
Plumbing — See Ch. 82.
A. 
It shall be unlawful for any person, firm or corporation to engage in the business of constructing, altering, repairing, demolishing or moving buildings or of installing electrical or mechanical, including heating and ventilating, equipment without first obtaining a license therefor as provided in this chapter. This requirement shall not apply where any such work is to be performed by the owner of a residential property in which he resides.
B. 
In the case of a firm or corporation, only one officer, agent or member of said firm or corporation shall be licensed in accordance with the provisions of this chapter. A license may then be issued in the name of the firm or corporation, as provided herein, but such license shall be valid and in effect only while the licensed individual is still a member, officer or agent of such firm or corporation.
A. 
This chapter shall be administered and enforced by the Board of Examiners and its agents and appointees.
B. 
In addition to any other powers granted under this chapter, the Board of Examiners may adopt such rules and regulations as are deemed necessary and expedient for the purposes of administering this chapter, subject to the approval of the Council of the Borough of Pen Argyl.
Contractors shall be divided into the following classifications, and licenses shall be issued for each classification upon satisfaction of the application and examination requirements hereinafter provided.
A. 
A general building contractor's license shall be issued to a person, firm or corporation qualified to erect a structure in its entirety or to add to, alter or repair an existing structure. A general contractor shall be held accountable for the work of all separate contractors and subcontractors he employs.
B. 
A moving contractor's license shall be issued to a person, firm or corporation qualified and equipped to move any building or to move the contents of any such building, including personal property and fixtures.
C. 
A demolition contractor's license shall be issued to a person, firm or corporation qualified and equipped to demolish any structure or portion thereof.
D. 
An electrician's license shall be issued to a person, firm or corporation qualified to install, alter or repair electrical wiring systems and fixtures in a structure.
Applicants for licenses shall be at least 18 years of age, citizens of the United States and shall meet the following requirements:
A. 
Applicants for a general building, moving or demolition contractor's license shall be familiar with building construction and shall have had at least three years' actual experience in construction work, either as a superintendent, foreman or as a full-time employee.
B. 
Applicants for an electrician's license shall have had at least three years' experience as a full-time employee as an electrician or electrician's helper.
A. 
Applications for licenses under this chapter shall be made to the Pen Argyl Borough Police Department, in writing, on such printed forms as shall be prescribed and prepared by the Board of Examiners. The application shall be signed by the applicant under oath and shall contain the following, in addition to any other pertinent information the Board of Examiners may deem reasonably necessary:
[Amended 8-1-1995 by Ord. No. 514, approved 8-1-1995]
(1) 
The name and address of the applicant.
(a) 
In the case of a partnership, the names, addresses and telephone numbers of all partners.
(b) 
In the case of a firm, corporation or partnership, the name and address of the principal office of said firm, corporation or partnership, and the names and addresses of all officers and directors owning, of record or beneficially, 5% or more of the outstanding stock of any class of said corporation.
(2) 
The age of the applicant.
(3) 
The classification for which the applicant seeks to be licensed.
(4) 
Details as to experience and qualifications in the classification of business or activity for which a license is sought.
(5) 
Statement of the amount of public liability insurance carried, and the name and address of the insurer.
B. 
Applications shall be accompanied by:
(1) 
An indemnification agreement approved by the Borough Solicitor, wherein the contractor indemnifies and saves harmless the Borough of Pen Argyl and its officials, agents and employees of and from any and all damages caused by any negligence of the contractor in performing his duties as a contractor or any negligence in protecting his work or by any unfaithful, imperfect or inadequate work done.
(2) 
Payment of fees required herein.
A. 
Upon receipt of the application, the Borough Secretary shall refer said application to the Board of Examiners for such investigation, examination and review as shall be deemed necessary to determine the applicant's experience, qualifications and fitness.
B. 
The investigation, examination and review shall be conducted by the Board of Examiners in accordance with rules and regulations adopted by the said Board of Examiners and approved by the Council of the Borough of Pen Argyl.
A. 
The Council of the Borough of Pen Argyl shall appoint a Board of Examiners for the purpose of conducting such investigation, examination and review as may be necessary to determine the fitness of applicants for licenses. The Council of the Borough of Pen Argyl may, for cause shown, remove any member of the Board of Examiners and shall fill any vacancy thereon. Said Board shall consist of:
(1) 
The Building Official of the Borough of Pen Argyl.
(2) 
One member of the Council of the Borough of Pen Argyl.
(3) 
One general building contractor.
B. 
Terms of office. The terms of the members of the Board of Examiners shall be as follows:
(1) 
The term of the Building Official under this section shall coincide with his term of office as the Building Official under Chapter 50, § 50-4, of the Code of the Borough of Pen Argyl.
(2) 
The two remaining members of the Board of Examiners shall be appointed originally for terms of three years and two years, with their successors appointed for terms of three years.
C. 
Organization; meetings, quorum.
(1) 
The members of the Board of Examiners shall appoint from their membership a Chairman. The Secretary of the Borough of Pen Argyl shall be the Secretary of the Board of Examiners.
(2) 
The Board of Examiners shall meet as frequently as is necessary for the proper and efficient discharge of its business.
(3) 
Two members of the Board shall constitute a quorum for the transaction of any and all business.
D. 
Rules and regulations. The Board of Examiners shall formulate its own rules and regulations for the conduct and discharge of its business. Such rules and regulations shall become effective immediately upon adoption by the Board of Examiners and approval by resolution of the Council of the Borough of Pen Argyl.
E. 
Powers and duties. The Board of Examiners shall:
(1) 
Prepare and conduct any examinations and investigations necessary to determine qualifications and fitness.
(2) 
Investigate the character and fitness of all applicants for licenses who shall have satisfactorily met the requirements of the aforementioned examinations and investigations and report to the Council of the Borough of Pen Argyl the results of such examinations and investigations.
(3) 
Investigate and hear all written complaints against holders of such licenses and report to the Council of the Borough of Pen Argyl its findings and recommendations.
(4) 
Keep minutes of its proceedings and hearings and records of its examinations and investigations concerning applicants for licenses.
(5) 
Request from the Council of the Borough of Pen Argyl additional assistance to conduct examinations and investigations, if needed.
F. 
Compensation. Compensation for the members of the Board of Examiners shall be as fixed by the Council of the Borough of Pen Argyl by resolution.
A. 
Each license shall be issued for the calendar year during which it is issued, expiring on December 31, and the full fee shall be payable irrespective of the date of issue.
B. 
No license shall be transferable.
C. 
The licensee shall at all times maintain adequate general liability insurance coverage in the amount of not less than $100,000 per person and $300,000 per accident.
A. 
Any license issued hereunder may be renewed without further examination or investigation, provided that application for such renewal, accompanied by the renewal fee prescribed hereinafter, shall have been filed prior to the expiration of the existing license.
B. 
All licenses shall be renewed between December 1 and December 31 of each calendar year, regardless of date of original issue. Licenses not renewed by December 31 of any year shall be deemed to have expired and the holder thereof shall, at the discretion of the Board of Examiners, be subject to the application, examination and investigation and fee requirements herein provided for new applicants.
C. 
If a license has expired, the licensee may renew the license, at the discretion of the Board of Examiners, upon payment of the current year's license fee and the preceding year's license fee, assuming that all other requirements have been met.
A. 
No person, partnership, firm or corporation not the holder of a license shall falsely represent that he or it holds such license or shall use in any advertising the words "licensed contractor" or any words of similar meaning or import.
B. 
Any person who knowingly makes a false statement or causes or procures to be made or aids and assists in the making of a false statement in an application for a license or renewal of a license, or in any application provided for in this chapter or in any proof or instrument in writing in connection therewith, shall be in violation of this chapter.
Licenses may be suspended or revoked for any one or more of the following acts or omissions:
A. 
Fraud or misrepresentation in obtaining a license or a renewal thereof.
B. 
Violation of this chapter or any other applicable code, ordinance or statute governing the work performed.
C. 
Filing of voluntary petition in bankruptcy.
D. 
Fraud or misrepresentation in obtaining or performing a contract for the performance of which a license is required under this chapter.
E. 
Unjustified failure to perform a contract for the performance of which a license is required under this chapter.
A. 
The Building Official, on his own initiative and on forms to be prescribed by him or the Board of Examiners, may file a complaint against any licensee, said complaint to be filed with the Board of Examiners. Such complaint shall be in writing and signed by the Building Official. The complaint shall contain a statement setting forth the facts relating to the violation of this chapter.
B. 
Upon a complaint being filed in the manner and form herein prescribed, the Secretary of the Board of Examiners shall forthwith issue a notice in writing sent to the licensee at his last known address by registered mail directing the licensee to file a written answer within 20 days after service of the notice and copy of the complaint.
C. 
Failure of the licensee in question to file a written answer within 20 days after service as aforementioned shall be deemed an admission by him of the facts contained in the complaint, and his license thereupon may be revoked forthwith by the Building Official without further notice.
D. 
In the event that the licensee shall file a written answer as aforementioned, a hearing shall be scheduled, notice of which shall be served no less than 10 days prior to the date fixed for the hearing. Said hearing shall be held before the Board of Examiners and such Board shall make all findings of fact and law concerning the complaint. At the hearing the Building Official and the licensee shall each have the right to appear personally or by counsel and cross-examine witnesses and produce witnesses and evidence. A certified court reporter shall be present at the expense of the licensee and a complete transcript shall be presented to the Board of Examiners at no cost if an appeal is taken, as hereinafter provided.
Any person, firm or corporation aggrieved by any action of the Board of Examiners taken pursuant to this chapter shall have the right of appeal to the Council of the Borough of Pen Argyl. Such appeal shall be taken by filing with the Secretary of the Borough of Pen Argyl within 10 days after notice of the decision from which the appeal is taken. The Council of the Borough of Pen Argyl shall thereafter set a time for hearing the appeal upon at least 10 days' written notice.
A. 
Upon suspension or revocation of a license, the same shall be surrendered to the Building Official.
B. 
Every holder of a license, upon retiring from the business, shall notify the Building Official of such fact and at the same time surrender the license certificate.
Nonresident contractors holding valid licenses issued by another municipality may obtain a one-time license in the Borough of Pen Argyl for a specific contract upon application to the examiners and payment of the fee normally required for the license for which application is made. Not more than one such license shall be issued in any one year to a person, firm or corporation.
The fees for the licensing as provided herein shall be as fixed by the Council of the Borough of Pen Argyl by resolution.
Any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a district magistrate, be sentenced to pay a fine of not more than $300 and the cost of prosecution and, in default of payment of such fine and cost, to imprisonment in the county jail for not more than 30 days.