[HISTORY: Adopted by the Borough Council of the Borough of New Hope 11-9-2004
by Ord. No. 2004-13. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "New Hope Borough
Contractor Registration Ordinance."
A.
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.
B.
CONTRACT
CONTRACTOR
OWNER
PERSON
REGISTRATION YEAR
As used in this chapter, the following terms shall have the meanings
indicated:
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 contractor, who
undertakes or offers to perform construction, repair, reroofing, remodeling,
rehabilitation, demolition, paving, grading, plumbing, electrical, mechanical
and any other residential or nonresidential construction or demolition work
in the Borough, whether as general contractor, subcontractor, specialty contractor
or home improvement contractor with respect to the property owner.
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 cognizable entity.
The twelve-month period beginning the first day of January of each
year.
The Borough Secretary or his or her 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 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 registration issued pursuant to this chapter shall not be construed
to authorize the registrant to perform any particular type of work or type
of business that is reserved to qualified registrants or licensees under other
provisions of state or local law.
A.
For the registration year beginning January 1, 2005,
and each registration year thereafter, every person desiring to continue to
engage in or hereafter to begin to engage in the business of acting as a contractor
in the Borough shall, on or before the first day of January of the registration
year or prior to commencing business in such registration year, make application
for registration to act as a contractor in the Borough.
B.
Such application shall be made by the completion of an
application furnished by the Borough Secretary and the payment of the prescribed
registration fee. Each application must contain the information required hereinafter
by this chapter and must present satisfactory proof of insurance. Each application
for registration 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 thereof,
and in the case of a corporation, by an officer thereof.
C.
A separate registration shall be issued for each type
or classification of contractor. The registration shall specify the type or
classification of work for which registration applies.
D.
Each authorized successful applicant shall be issued
a registration, which registration shall be in the form of a wallet-sized
card. Every registered contractor, while actually acting as a contractor in
the Borough, shall carry said registration card with him and shall display
it to the Code Official or his representatives upon request to do so
E.
All contractors' registrations shall expire at midnight
on December 31 of each registration year unless the registration is revoked
or suspended prior thereto under the terms of this chapter. A person with
an unexpired registration, which has not been revoked or suspended during
the current registration year, who makes application for registration for
the following registration year, need not complete an application form, but
must submit the required registration fee and, if he qualifies for the following
registration year, he will be issued a new registration card for the following
registration year.
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, including municipal or county authorities; provided,
however, that no person engaged by the representative of any of the foregoing
shall act as a contractor in the Borough unless such person shall first have
complied with and have been registered under the provisions of this chapter.
B.
No contractor's registration 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)
No contractor's registration shall be required for
contractors performing charitable or gratis or free work within the Borough.
(3)
A person who is required by other state or New Hope Borough
law to attain standards of competency or experience, and who must obtain licensing
or registration under such other state or New Hope Borough law as 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 or registered
pursuant to such other law.
C.
The provisions of this chapter shall not be interpreted as to
require registration for small repairs or other minor construction
work that is not performed for compensation and is done by the property owner
and/or his family or friends in self-help on the owner's property.
A.
No contractor's registration shall be issued unless
the applicant files a certificate of insurance with the Code Official at the
time of registration 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 of New Hope. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant, for public
liability, property damage, products liability, completed operations and worker's
compensation, each of which must have a single occurrence limit of at least
$100,000. Additional blasting and demolition liability insurance coverage
shall be determined by the Code Official at the time of application and shall
be reasonably based on the nature and the extent of the applicant's proposed
operations.
B.
All types and limits of insurance for which certificates
are presented at the time of application and the decision to issue a registration
is based upon shall be maintained throughout the registration year, or the
registration will be suspended or revoked as hereinafter set forth in this
chapter. The Borough Secretary must be advised of any change in an insurance
carrier during a license year.
A.
At the time of application for a new registration or
for the renewal of a current registration, the applicant shall pay an annual
registration application fee to the Borough of New Hope. The amount of the
annual application fee shall be established, from time to time, pursuant to
resolution of the Borough Council. No fee or portion thereof shall be returned
to a successful or unsuccessful applicant.
B.
There shall not be a prorated reduction in the registration
fee if application is made during the registration year, or if the registration
is suspended or revoked during the registration year; provided, however, that
a person shall be required to pay only one registration fee per year under
this chapter regardless of the number of jobs or the number of trade areas
in which the contractor will provide services. In addition, every person registered
in a specific construction trade and like trades in which the Borough currently
requires a license or registration and imposes a registration or license fee,
shall be required to be registered as a contractor pursuant to this chapter,
provided that each such person shall only be required to pay one license or
registration fee per year regardless of the number of licenses or registrations
required by the Borough.
A.
Upon submission of a proper application, the Borough
Secretary shall, within a period of 20 days following the receipt of the application,
issue or refuse to issue the appropriate contractor's registration to
the applicant. If issuance of a registration is denied, the Borough Secretary
shall mail to the unsuccessful applicant a written statement setting forth
the reason or reasons for the denial, within the aforesaid twenty-day period.
The Borough Secretary shall have the right to disapprove of any application
for the following reasons.
(1)
If any person named in the application has been convicted
of a felony or misdemeanor for crimes related to the applicant's work
or contracts as a contractor.
(2)
If the applicant's address as stated on the application
cannot be confirmed.
(3)
If the application is incomplete.
(4)
If the applicant has previously violated the terms of
this chapter during the preceding three-year period prior to the current application.
(5)
If any information supplied by the applicant on the application
form is materially false or incorrect.
(6)
If it is determined that the applicant lacks sufficient
experience or qualifications to qualify as a contractor in the classification
or type of business activity for which registration is sought.
B.
The application for registration shall be in printed
form, provided to the applicant by the Borough, and shall require a written
answer to all questions contained thereon. The application form shall be signed
by the applicant under oath. The information requested on the application
form shall include, but not be limited to, the following.
(1)
The names of owners, partners, directors and officers
of the applicant, and the business address and trade name of the applicant.
(2)
A statement as to whether or not any municipalities have
refused to issue or have revoked any similar contractor's registrations
or licenses to the applicant within two years prior 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 all jobs performed within the preceding
three-month period, but at a minimum, a listing of the last five jobs performed
by the contractor, along with a statement of the locations of the jobs, and
the names, addresses and telephone numbers of the party or parties who contracted
with the applicant for such jobs. In addition, applicant shall specify in
detail his areas of competence and experience and all proposed work activities.
(4)
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 conviction exists, 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.
C.
The application shall be accompanied by an indemnification
agreement, approved by the Borough Solicitor, wherein the contractor indemnifies
and holds harmless the Borough, its officials, agents, and employees of and
from any damages caused by any negligence of the contractor performing his
duties.
Every contractor registrant shall, within 10 days after a change in
ownership, directors, officers, management, address or trade name, notify
the Borough Secretary of such change.
No registration 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 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.
The Borough Secretary shall revoke any registration issued under the
provisions of this chapter without the return of fees under the following
circumstances:
A.
If the registrant falsely answered any question or questions
contained on an application for registration or renewal of registration previously
submitted to the Borough Secretary.
B.
If the registrant fails to maintain, during the registration
year, the policies of insurance required under the provisions of this chapter.
C.
If the registrant violates any of the terms or provisions
of the Pennsylvania Uniform Construction Code, as amended, or any terms or
provisions of this chapter.
D.
If the registrant violates any condition or requirement
of a construction permit or highway occupancy permit issued by the Borough
of New Hope.
E.
If the registrant 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 Code Official of any such change.
F.
If the registrant does any business through any person
who is subject to the registration requirements of this chapter and who is
not registered as required by this chapter.
G.
If the registrant conducts a contractor's business
in the Borough under any name other than that under which he is registered.
H.
If the registrant fails to comply with an order, demand
or requirement lawfully made by the Borough under the authority of this chapter
or any other Borough ordinance.
A.
Any persons whose application is denied by the Borough
Secretary or whose license is revoked or suspended by the Borough Secretary
or Borough Council may appeal such action to the Borough Council in writing
to be signed by the registered person or registered applicant and filed with
the Borough Secretary within 10 days of receiving notice of the appealable
action.
B.
Borough Council shall conduct a public hearing within
30 days of receipt of the notice of appeal and shall provide written notice
of the date, time, and place of the hearing to the appellant and all interested
parties who have indicated their interest by providing written notices to
the Borough, including the Borough Secretary and the Code Official. Said written
notice to the Borough shall include the name and address of the person who
wishes to be notified of the hearing. The Borough Secretary and Code Official
shall be permitted to testify and present evidence at the hearing.
C.
Any registrant aggrieved by any action of the Borough
Council taken pursuant to this chapter shall have the right to appeal to the
Court of Common Pleas. The applicable provisions of Pennsylvania law, including
the Borough Code, shall govern these appeal rights.
A.
Any person, firm or corporation who shall violate any
provision of this chapter or who fails to correct a violation or institute
a remedial action as ordered by the Borough Secretary or Code Official, or
who violates a provision or fails to comply with any requirements of this
chapter or any of the other applicable provisions of the New Hope Borough
Code, upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter, which shall be
found to have been violated, shall constitute a separate offense.
B.
The imposition of the penalties herein prescribed shall
not preclude the Borough Solicitor from initiating appropriate actions or
proceedings at law or in equity to effect the purpose of this chapter.
Whenever the requirements of this chapter are in conflict with other
requirements of the ordinances of the Borough of New Hope, the most restrictive,
or those imposing the higher standards, shall govern.
