[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon 12-7-1995 by Ord. No. 1245 as Ch. 1448 of the 1995
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Yeadon Contractor Licensing Ordinance."
As used in this chapter, unless the context
clearly indicates a different meaning, 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 owner,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, demolition, paving and any other residential
or nonresidential construction or demolition work in the Borough,
whether as a general contractor, subcontractor, specialty contractor
or home improvement contractor.
The Borough Engineer.
The Building Inspector and/or the Code Enforcement Officer
of the Borough.
The twelve-month period beginning on January 1 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.
The inspector or his or her authorized representatives
shall administer and enforce 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 provision of this chapter is also
in violation of this chapter.
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.
Every person desiring to engage in or hereafter to
begin to engage in the business of acting as a contractor in the Borough
shall, on or before January 1 of the license year, or prior to commencing
business in such license year, make application for a license to act
as a contractor in the Borough. Such application shall be made by
the completion of an application form furnished by the inspector and
the payment of a license fee as hereinafter set forth in this chapter.
Each application must contain information as set forth hereinafter
in this chapter, and each applicant must present satisfactory proof
of insurance as set forth hereinafter in this chapter. Each application
for a license 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.
B.
Each successful applicant shall be issued a license, which license shall be in the form of a wallet-size card and in the form of a vehicle bumper sticker. Every licensed contractor, while actually acting as a contractor in the Borough, shall carry such license card with him or her and shall display it to the inspector or his or her representatives upon demand. Every licensed contractor shall at all times display his or her bumper sticker license on the rear bumper of the vehicle he or she primarily uses in his or her activities as a contractor. All contractors' licenses shall expire at 12:00 midnight on December 31 of each license year unless the license is revoked or suspended prior thereto under § 127-12.
C.
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
he or she qualifies for licensing and renewal under the terms of this
chapter, his or her license shall be renewed for the following license
year and he or she will be issued a new license card and bumper sticker
for the following license year. Any contractor carrying on the business
of a contractor in the Borough must obtain a license under this chapter
for each license year during which he or she carries on such business.
A.
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:
(1)
A person who performs labor or services for a contractor
for wages or salary; or
(2)
A person 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 is acting exclusively within
the scope of such craft or profession for which he or she is currently
licensed pursuant to such other law.
A.
No contractor, maintenance, apprentice or journeyman
license shall be issued unless the applicant files a certificate of
insurance with the inspector at the time of the license 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.
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 $100,000
and $300,000 in the aggregate. Blasting and demolition insurance shall
be required for blasting and demolition contractors, and the reasonable
limits of such insurance shall be determined by the inspector or the
Engineer at the time of the application, based on the nature and extent
of the applicant's proposed operations.
B.
All types and limits of insurance for which certificates are presented at the time of the application, and upon the basis of which a license is issued, shall be maintained throughout the license year, or the license will be suspended or revoked as set forth in § 127-12. The inspector must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.
A.
At the time of the application for a new license or
for the renewal of a current license, the applicant shall pay to the
inspector a license application fee, payable to the Borough, as follows:
|
Contractor, plumbing, electrical, mechanical
and building licenses
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$75
|
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Maintenance licenses
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$50
|
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Journeyman and apprentice licenses
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$10
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B.
No fee or portion thereof shall be returned to any
applicant.
A.
When an application has been filed with the inspector
in proper form, the inspector must, within a period of 30 days from
the date following the date the application is received, issue or
refuse to issue the appropriate contractor's license to the applicant.
If issuance of a license is denied, the inspector 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 inspector, 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 or her application
until he or she 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; and
(2)
A statement as to whether or not any municipality
has refused to issue to the applicant or has revoked from the applicant
any similar contractor's license within two years previous to the
date of the application. If there has been such a denial or revocation,
the applicant must explain in writing the reasons for the same.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the inspector of such change.
Any of the following circumstances is sufficient
cause to deny the issuance of a license under this chapter, or a renewal
thereof, or for revoking a license previously issued:
A.
The applicant falsely answered any question contained
on the application form.
B.
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 years prior to the date of application
for issuance or renewal, if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.
The licensee fails to maintain, during the license
year, the policies of insurance required under this chapter.
D.
The licensee violates any of the provisions of the
building code or any provision of this chapter.
E.
The licensee violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Borough.
F.
The licensee willfully deviates from or disregards
any plans or specifications for a contracting job in a material respect
without first obtaining the consent of the owner, in writing, to such
change and without first notifying the inspector of such change.
G.
The licensee does business through a person who is
subject to the licensing requirements of this chapter but who is not
licensed as required by this chapter.
H.
The licensee conducts a contractor's business in the
Borough under a name other than that under which he or she is licensed.
I.
The licensee fails to comply with an order, demand
or requirement lawfully made by the inspector under the authority
of this chapter or any other Borough ordinance.
In addition to refusal or revocation of a license, as provided in § 127-12, whoever violates or fails to comply with any of the provisions of this chapter shall be fined not less than $100 nor more than $1,000 for each offense. The fine imposed under this section shall be in addition to any other penalty imposed by this chapter.
