The following words, terms and phrases when used in this chapter
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. When not inconsistent
with the context, words used in the present tense include the future;
words in the plural number include the singular number; and words
in the singular shall include the plural.
AGENT
Any director, officer, servant, employee, or other natural
person authorized to perform contracting work on behalf of the partnership,
corporation, LLC, or other business or nonbusiness entity.
APPRENTICE
A person who is engaged in learning a trade under the direction
or instruction of a master contractor or journeyperson and/or who
is enrolled in the United States Department of Labor/Bureau of Apprenticeship
training program.
BCO
The Designated City of Scranton Building Code Official, as
defined in the UCC and as certified pursuant to the UCC, or their
designee, as appropriate.
BOARD
The Housing Board of Appeals as established through Ordinance
No. 20 of 1964, Section 7.
BUREAU
The Bureau of Code Enforcement within the Department of Community
Development of the City of Scranton.
CARPENTRY CONTRACTOR
A contractor who performs rough framing, trusses, sheathing,
metal framing, paneling, trim, cabinetry, doors, windows, stairs,
and incidental hardware work on residential or commercial buildings.
This term shall not include the construction of new commercial buildings,
the removal or cutting of any structural beam or bearing support on
commercial buildings, nor shall the term mean services related to
any plumbing, electrical, or mechanical work in either residential
or commercial buildings conforming to UCC standards.
CONTRACTOR
Any person who undertakes, offers to undertake, or agrees
to perform any home improvement, property improvement, construction,
demolition, or other work governed by the UCC.
CORPORATION
A body formed and authorized by law to act as a single person
although constituted by one or more persons and legally endowed with
various rights and duties.
DEMOLITION CONTRACTOR
A contractor who performs the demolition and removal of structures
and buildings on residential or commercial buildings.
DIRECTOR
The Director of the Bureau of Code Enforcement.
ELECTRICAL CONTRACTOR
A contractor who performs electrical work, including installing,
erecting, altering, extending, maintaining, or repairing electrical,
communication, and/or fire alarm systems. This includes a contractor
who carries on such business as an electrical contractor, having the
final determination and the full responsibility for the manner in
which the work is done, for the materials used and for the selection,
supervision, and control of electricians employed on the work engaged
in by said contractor.
ELECTRICAL INSPECTOR
One who shall enforce all provisions of the Electrical Code
as adopted by the City. Said official shall have the administrative
authority to promulgate rules and regulations which serve to interpret
or supplement the provisions of the code so long as such rules conform
to the intent of the code. Said official shall act on questions relative
to the installation, alteration, repair, maintenance or operation
of all electrical systems, fire protection signaling systems, emergency
lighting, alarm and communication systems, devices and equipment,
as well as other cases relating to electrical matters. Said official
shall issue permits and direct collection of the respective permit
fees.
GENERAL CONTRACTOR
A contractor who performs general construction work, including
the construction and/or repairs and renovations of single- and/or
multiple-family dwellings, or commercial, educational, institutional,
manufacturing, or industrial buildings. This includes a contractor
who carries on such business as a general contractor having the final
determination and the full responsibility for the manner in which
the work is done, for the materials used and for the selection, supervision,
and control of subcontractors and mechanics employed on the work engaged
by said contractor.
HOME IMPROVEMENT
The construction, repair, replacement, alteration, addition,
remodeling, conversion, modernization, improvement of/to any land
or residential building; and shall also include the construction,
replacement, or improvement of porches, garages, landscaping, fences,
fallout shelters, aboveground swimming pools, and other improvements
to structures or upon land which is adjacent to dwelling. Home improvement
shall not include the sale of goods or materials by a seller who neither
arranges to perform nor performs directly or indirectly any work or
labor in connection with the installation of or application of the
goods or materials. Home improvement shall not include the construction
of a new home, the demolition of a residential structure (except those
structures exempt from permit requirements under the UCC), the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit requirements, nor shall home improvement
include the replacement or relocation of any stand pipe, water supply,
sewer drainage, gas, waste, vent, or similar piping, electrical wiring,
or mechanical conduit.
HOME IMPROVEMENT CONTRACT
An agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of home improvement, and includes all labor, services, and materials
to be furnished thereunder.
HOME IMPROVEMENT CONTRACTOR
A contractor who performs home improvement on residential
buildings (one- and two-family dwellings and townhouses), including
engaging in the construction, repair, replacement, alteration, addition,
remodeling, conversion, modernization, or improvement to any such
land, residential building, porch, garage, landscaping, fence, and
other such structures or land adjacent to such a dwelling house.
ICC
The International Construction Code, as may be amended.
JOURNEYPERSON
An individual who has sufficient skill and knowledge of a
trade, craft, or occupation, either through formal apprenticeship
or through practical on-the-job experience, to be recognized by a
state or federal registration agency and/or an industry as being fully
qualified to perform the work of the trade, craft, or occupation.
MASONRY CONTRACTOR
A contractor who performs masonry work, including the installation
of brick, block, stone, slate, brick pavers, precast stone, preconcrete
plank, or any other related masonry products.
MASTER CONTRACTOR
A general contractor, electrical contractor, mechanical contractor,
or plumbing contractor qualified for residential and commercial work,
in the relevant field, governed by the UCC.
MECHANICAL CONTRACTOR
A contractor who performs mechanical work, including installing,
erecting, altering, extending, maintaining, or repairing heating and
ventilation systems, air-conditioning systems, refrigeration systems,
process piping, and sheet-metal work.
MECHANICAL INSPECTOR
One who shall enforce all provisions of the Mechanical Code.
Said official shall have the administrative authority to promulgate
rules and regulations which serve to interpret or supplement the provisions
of this code so long as such rules conform to the intent of the code.
Said official shall act on questions relative to the installation,
alteration, repair, maintenance or operation of all mechanical systems,
fire protection and fire suppression devices and equipment. Said official
shall issue permits and direct collection of the respective permit
fees.
NON-MASTER CONTRACTOR
A journeyperson, an apprentice, or, at the discretion of
the Director, a participant or graduate of any other trade skills-learning
program.
OWNER
Any homeowner, tenant, or any other person who orders, contracts
for, or purchases the home improvement service of a contractor, or
the person entitled to the performance of the work of a contractor
pursuant to a home improvement contract.
PARTNERSHIP
A legal relation existing between two or more persons contractually
associated as joint principals in a business.
PAVING CONTRACTOR
A contractor who performs the installation, repair, or replacement
of driveways, sidewalks, parking lots, and other such impervious surfaces,
for residential or commercial properties.
PERSON
An individual, partnership, corporation, trust, association,
owner, contractor, salesperson, or any other legal entity.
PLUMBING CONTRACTOR
A contractor who performs plumbing work, including plumbing
or pipe-fitting work which involves the installation of, the roughing
in, or openings for one or more water closets, toilets, sinks, washtraps,
washtubs, washbasins, leader connections, floor drains, septic tanks,
or other item or equipment utilizing water or other liquids to carry
away waste or sewage or for any similar purpose, as well as the repair
or installation of water supply pipes or waste sewage lines.
PLUMBING INSPECTOR
One who enforces all provisions of the Plumbing Code. Said
official shall have the administrative authority to promulgate rules
and regulations which serve to interpret or supplement the provisions
of the code so long as such rules and regulations conform to the intent
of the code. Said official shall act on questions relative to the
installation, alteration, repair, maintenance or operation of all
plumbing system devices and related equipment. Said official shall
issue permits and direct collection of the respective permit fees.
REFRIDGERATION CONTRACTOR
A contractor who maintains, including evacuating or recharging
freon in, a refrigerator, freezer, vending machine, or similar refrigeration
unit, for a residential or commercial property. This term shall not
include a contractor who installs HVAC systems or commercial refrigeration
units.
RESIDENTIAL BUILDING
Also known as a private residence. Residential building shall
be defined as one- and two-family dwellings and townhouses.
ROOFING CONTRACTOR
A contractor who performs the installation, repair, or replacement
of roof coverings, including roof deck installation, roof coating,
painting, covering, and installation of nonstructural decking and
siding on residential or commercial buildings.
SECURITY AND COMMUNICATION CONTRACTOR
A contractor who performs security and communication work,
including installing, erecting, altering, extending, maintaining,
or repairing security systems and/or telephone systems under 50 volts.
SIGN CONTRACTOR
A contractor who erects, installs, or repairs a freestanding
sign or billboard or a sign or billboard attached to an existing building
or other structure.
SPECIALTY CONTRACTOR
A contractor who performs contracting work within a specifically
defined field governed by the UCC and related City ordinances on residential
or commercial buildings. This term shall not include the construction
of new commercial buildings nor any plumbing, electrical, or mechanical
work in residential or commercial buildings. Except for demolition
contractors, this term shall not include the removal or cutting of
any structural beam or bearing support on commercial buildings or
the removal or change of any required means of egress on commercial
buildings. Specialty contractor shall include, automatic fire suppression
contractor, automatic sprinkler system contractor, carpentry contractor,
demolition contractor, environmental remediation contractor, masonry
contractor, paving contractor, refrigeration contractor, roofing contractor,
sign contractor, security and communication contractor, and any other
type of contractor-other than master contractor, home improvement
contractor, or non-master contractor-performing work governed by the
UCC.
UCC
The Uniform Construction Code, as adopted in City Code Chapter
201.
The BCO or their authorized representative shall maintain a
record of violation notices issued to licensed contractors and corrective
actions taken. The BCO or their authorized representative shall, upon
receipt of an application for a permit, determine if said contractor
is in receipt of any violation notice upon which corrective action
has not been taken. The BCO or their authorized representative shall
deny any new permits to the licensed contractor until all outstanding
violations of the ordinance and any other applicable codes and ordinances
have been corrected.
Any person who shall perform any work in or about the structure
without first securing a permit for said work shall be issued a stop-work
order and be liable for a fine of $50 if paid within 24 hours. After
72 hours, the fine shall be $100. If said fine is not paid within
30 days, said person shall be liable for a fine of not more than $2,000.
Each day that said violation shall continue a separate offense and
shall be liable for a fine of not more than $1,000. Said fines are
payable to the Bureau. Failure to make payment within the time frame
provided, a citation shall be filed with the Magisterial District
Judge.
A. Notice of violation. If the Director/BCO finds that the terms of
a permit are being violated, they shall order the whole or any part
of the work which is being done under the permit to be immediately
stopped. The stop-work order shall be in writing and shall be given
to the owner of the property involved, or to the person doing the
work and shall state the conditions under which the work will be permitted
to resume.
B. Unlawful continuance. Any person who shall continue any work in or
about the structure after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable for a fine of not less
than $500 and not more than $10,000. Said fines are payable to the
Bureau. Failure to make payment within the time frame provided, a
citation shall be filed with the Magisterial District Judge.
C. Disputes.
(1) If a permit has been issued to a contractor and a dispute should
arise between the contractor and the property owner, the Director/BCO
shall make an on-site inspection of the work site and certify that
all work performed under the current permit is in compliance with
these building regulations.
(2) In the event that the inspection reveals that the work performed
under the current permit is not in compliance with these building
regulations, the Director/BCO shall notify the contractor, in writing,
to correct all violations as specified by the Director/BCO within
the period set forth, prior to the issuance of another permit. Any
person failing or refusing to make the corrections as specified by
the Director/BCO within the period set forth shall be subject to revocation
of their license and shall be liable for all fines as hereinafter
provided.
No person, partnership or corporation licensed under the provisions
of this chapter shall take out a permit in their (or its) name, for
use by a person, partnership or corporation not licensed or registered
in the City, to perform any work within the City. No person, partnership
or corporation licensed under this chapter shall perform any work
for which that person, partnership or corporation is not licensed
for. Any person performing work for which they are not licensed for
shall forfeit any licenses which have been granted.
Any person, firm or corporation violating any provisions of
this chapter or the codes hereby adopted shall, upon conviction thereof,
be guilty of a summary offense, and shall be subject to a fine of
no less than $500 and no more than $5,000 for any one offense, recoverable
with costs, together with judgment or imprisonment not to exceed 30
days or both, per offense if the amount of such fines and costs shall
not be promptly paid. Each day that a violation continues shall be
deemed a separate offense.