[HISTORY; Adopted by the Board of Supervisors of Upper Merion Township 12-19-1988
as Ord. No. 88-546. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 67.
Property maintenance — See Ch. 127.
This chapter shall be known and may be cited as the "Upper Merion Township
Contractor Licensing Ordinance."
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. The masculine includes the feminine, the singular includes
the plural, and the plural includes the singular.
An agreement, whether oral or written, and whether contained in one
(1) 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, alterations, repairs, site improvements,
sign installation and any other residential or nonresidential construction
or demolition or blasting work in the township, whether as a general contractor,
subcontractor, specialty contractor or home improvement contractor with respect
to the owner.
The Director of the Planning/Codes Enforcement Department of Upper
Merion Township.
The twelve-month period beginning the first day of January 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.
Upper Merion Township.
The Director or his authorized representatives shall administer and
enforce the provisions of this chapter.
No person shall act as a contractor in the township except in compliance
with the provisions of this chapter. Any person, including an owner, who willfully
aids a contractor or participates with 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 the license year beginning January 1, 1989, and each
license year thereafter, it shall be unlawful for any person, firm or corporation
to engage in the business of constructing, altering, repairing, roofing, remodeling,
siding, demolishing or moving the whole or any part of a building, structure
or any improvement for which a building permit is required; or to install,
resurface or improve driveways or sidewalks; or to engage in the construction
or installation of swimming pools, satellite receiving antennas, tennis courts,
fences, garages, carports, storage sheds or any accessory use for which a
building permit is required; or to engage in installation or replacement of
heating/ventilation/air-conditioning or sprinkler systems, tanks and gasoline
pumps; or to engage in site improvement, including grading, paving, curbing
or stormwater drainage installation; or to engage in the business of erecting
or altering signs, without first obtaining a license therefor as required
by this chapter.
C.
Each application shall be signed by the applicant, if
a natural person; and, in the case of an association, firm, partnership or
corporation, by a member, officer or agent of said association, firm, partnership
or corporation. For each association, firm, partnership or corporation, any
license will be issued in the name of the association, firm, partnership or
corporation, and the individual officer or agent of the association, firm,
partnership or corporation who applies for the license shall be the custodian
of the license. If the individual custodian of the license ceases to be an
associate, member or agent of the association, firm, partnership or corporation,
the association, firm, partnership or corporation shall promptly inform the
township of the name, title, position and address of the new custodian of
the license.
D.
Each successful application shall be issued a license,
which shall be in the form of a wallet-sized card and in the form of a vehicle
bumper sticker. Each licensed contractor shall carry the license card on his
person and, upon demand, shall display the license card to the Director or
his representatives. Each licensed contractor shall at all times display the
bumper sticker license on the rear bumper of the vehicle used in activities
as a contractor.
E.
All contractors' licenses shall expire at midnight
on December 31 of each license year unless the license is revoked or suspended
prior thereto under the terms of this chapter. A person with an unexpired
license 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 submit the required license fee,
and if the person qualifies for licensing and renewal under the terms of this
chapter, the license shall be renewed for the following license year and a
new license card and bumper sticker will be issued for the current licensing
year.
F.
Any person carrying on the business of contracting in
Upper Merion Township 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)
An individual 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.
No contractor's license shall be issued unless the applicant files
a certificate of insurance with the Director 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 fifteen (15) days'
prior written notice of such cancellation has been given to Upper Merion Township.
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 a single occurrence
limit of at least three hundred thousand dollars ($300,000.) for all contractors.
Blasting and demolition insurance shall also be required for blasting and
demolition contractors; blasting and demolition insurance coverage must be
in the amount of one million five hundred thousand dollars ($1,500,000.) and
must name Upper Merion Township as an additional insured for the time period
involved for the blasting or demolition permit. 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. The Director must approve the responsibility of new insurance
carriers prior to a change in a carrier during a license year.
A.
At the time of application for a new license or for the
renewal of a current license, the applicant shall pay to the Director a license
application fee, all payable to the Upper Merion Township as follows:
A.
When an application has been filed with the Director
in proper form, the Director shall, within a period of thirty (30) days from
the date following the date the application is received, issue or refuse to
issue the appropriate contractors license to the applicant. If issuance of
a license is denied, the Director shall mail to the unsuccessful applicant
a written statement setting forth the reason or reasons for the denial within
the aforesaid thirty-day period.
B.
The application for a license shall be a printed form,
provided to the applicant by the Director, 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 and 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 to
the applicant within two (2) years previous to the date of the application.
In the event that 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 at least five (5) previous contractor's
jobs completed by the applicant within one (1) year prior to the application,
along with a statement of the location of the jobs and the names, addresses
and telephone numbers of the party or parties who contracted with the applicant
for such jobs.
(4)
A listing of all convictions within two (2) 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.
(5)
A listing of all unsatisfied civil judgments in any jurisdiction
against the applicant, if such civil judgments were entered in 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 and 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.
Every contractor licensee shall, within ten (10) days after a change
in ownership, directors, officers, management, address or trade name, notify
the Director of such change.
No license shall be issued or renewed under the following circumstances:
A.
If the applicant falsely answered 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 (2) 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 that municipality's
building codes.
C.
If the applicant has been convicted within two (2) 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.
D.
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 Director shall revoke any license issued under the provisions of
this chapter under the following circumstances:
A.
If the licensee falsely answered any question or questions
contained on an application for licensing or renewal of licensing previously
submitted to the Director.
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 building permit, sewer construction permit or highway permit issued by
Upper Merion Township.
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 such change
and without first notifying the Director 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 township 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 Director under the authority of this chapter
or any other township ordinance.
In addition to all other acts prohibited by the terms of this chapter,
those acts warranting revocation of a license under this chapter shall also
be prohibited.
[Amended 12-31-1991 by Ord. No. 91-593]
In addition to refusal or revocation of a license as provided under this chapter, any person, as defined in this chapter, or any officer, agent, servant or employee thereof who shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter shall, upon conviction thereof before a District Justice, be liable to fines and penalties as set forth in Art. III, General Penalty Provisions, of Ch. 1, General Provisions, and costs of prosecution for each offense, to be collected as like fines or penalties and costs are now by law collectible. The fine or penalty imposed by this section shall be in addition to any other penalty imposed by this chapter.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any cause
or causes of action acquired or existing prior to its adoption, nor shall
any just or legal right or remedy of any character be lost, impaired or affected
by this chapter.
