[Adopted 1-14-1992 by Ord. No. 1-1992]
The Council finds it to be in the best interest
of the residents of the Borough that persons or firms who or which
engage in construction, repairs remodeling, rehabilitation or demolition,
and operating as general contractors, subcontractors, specialty contractors
or home improvement contractors, be required to obtain a license from
the Borough for such purpose, to the end that only responsible and
qualified persons shall be permitted to engage in such business in
the Borough.
No person or firm shall engage in or transact
any construction, building repairs, remodeling, rehabilitation or
demolition business, or hold himself, herself or itself out to the
public as doing such business, or solicit such business, in the Borough,
except in compliance with the applicable provisions of this article.
No person or firm shall engage in this Borough in any trade, practice
or other act prohibited by any provision of this article, and any
person or firm who willfully participates in a prohibited act or violation
is subject to the criminal penalty therefore. The provisions of this
article may not be waived by agreement.
A.
A license issued pursuant to this article may not
be construed to authorize the licensee to perform any particular type
of work or kind of business which is reserved to qualified licensees
under other provisions of state or local law, nor shall any license
or authority, other than as issued pursuant to this article, authorize
engagement in a construction, building repair, remodeling, rehabilitation,
demolition or home improvement business in the Borough.
B.
This article shall not apply to the official transactions
of an authorized representative of the United States of America or
any instrumentality thereof, or any state, the District of Columbia,
or territory of the United States, any city or county thereof, or
any instrumentality of a state or political subdivision thereof.
For the purpose of this article, the following
terms shall have the meanings indicated:
An agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of work, and includes 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 work, whether or not such person is licensed
or subject to the licensing requirements of this article and whether
or not such person is a prime contractor or subcontractor with respect
to the owner.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, subcontractor, specialty
contractor or home improvement contractor; or the person entitled
to the work of such pursuant to a contract.
An individual, partnership, corporation, trust, association,
owner, contractor, salesman or other legal entity.
Except as otherwise specifically exempted by
the provisions of this article, no person shall act in the capacity
of general contractor, subcontractor, specialty contractor or home
improvement contractor unless authorized to do so by a subsisting
license issued in accordance with the provisions of this article.
A.
It is the duty of the Code Enforcement Officer to administer and provide for the enforcement of all the provisions of this article and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this article, and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Code Enforcement Officer is authorized to issue licenses upon proper application therefor, after a certificate of insurance has been furnished as required by § 60-11B and after the license fee has been paid.
B.
A certificate of insurance acceptable to the Code
Enforcement Officer shall be filed with the Borough prior to the issuance
of a license. These certificates shall contain a provision that coverage
afforded under the policy will not be canceled until at least 15 days
prior written notice has been given to the Borough.
[Amended 12-10-1996 by Ord. No. 9-1996]
No license shall be issued or become effective until the builders, developers and contractors, swimming pool and sign contractors, subcontractors, special contractors, home remodeling contractors, paving contractors, decorators and all others listed in § 60-3 pay a fee as set forth from time to time by resolution of the Borough Council to the Borough.
No contractor's license shall be required of
any person when acting in the particular capacity or particular type
of transaction set forth in this section:
A.
An individual who performs labor or services for a
contractor for wages or salary.
B.
Any person who is required by state or local law to
attain standards of competency or experience as a prerequisite to
engaging in a craft or profession, and who is acting exclusively within
the scope of the craft or profession for which he or she is currently
licensed pursuant to such other law.
C.
Any person who does any work in a single- or two-family
dwelling used exclusively for living purposes, including the usual
accessory buildings and quarters in connection with such dwelling
if the same will be occupied by such owner and if such owner shall
personally purchase all materials and perform all labor in connection
therewith.
A.
When an application has been filed with the Borough
in proper form, the Code Enforcement Officer must, within 30 days
from the date the application is received, issue or refuse the appropriate
contractor's licenses to the applicant. If an application for a license
is refused, the applicant shall be sent a written statement setting
forth the reason for the refusal.
B.
An applicant for any license required by the provisions
of this article shall file a written application which shall be signed
and under oath. The application which shall require the names of owners,
partners, directors and officers of any applicant, and the business
addresses and trade names of the applicant, together with a certificate
of insurance written for not less than the limits of coverage specified
under this article. The contractor shall take out and maintain, at
his or her expense during the life of this license, such public liability,
property damage, products liability and completed operations insurance
in single limits of $50,000. Blasting and demolition insurance limits
shall be determined at the time of any application for a permit.
C.
Every contractor licensee shall, within 10 days after
a change in control of ownership, or of management, or of a change
of address or trade name, notify the Code Enforcement Officer of such
change.
D.
Licenses of all contractors shall expire on December 31 of each year following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee, as prescribed by § 60-9, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue.
For the protection of the people of this Borough,
no license shall be issued, or if already issued, no license shall
be continued, where:
A.
The Code Enforcement Officer shall have the power
to refuse, suspend or revoke any license issued under the provisions
of this article where:
(1)
The Code Enforcement Officer finds that the licensee
has violated any provisions of this article, or is performing or attempting
to perform any act prohibited by this article, or violates the Borough
Building, Mechanical, Plumbing, Electrical or Fire Code.[1]
(2)
Any condition of a permit is violated.
B.
Any violation of any of the provisions of this article
upon the part of any director, manager, partner, officer, salesman,
agent or employer of a contractor shall be cause for suspension or
revocation of the license of the contractor unless it shall appear
to the satisfaction of the Code Enforcement Officer that the individual
engaged in the management of the contractor:
C.
Hearing appeal to Council on refusal or revocation:
(1)
Any person affected by any decision of the Code Enforcement
officer in connection with the provisions of this article may request
and shall be granted a hearing on the matter before the Council of
the Borough of Upland. Said request for a hearing must be in writing
and filed with the Borough Manager within 10 days of the Code Enforcement
Officer's decision.
(2)
Upon receipt of such request, Council shall set a
time and place for such hearing and shall give written notice thereof
to all interested parties. At such hearing the aggrieved party shall
be given an opportunity to be heard and to show why such decision
should be modified or rescinded.
(3)
The hearing shall be commenced not later than 15 days
after the day on which the request was filed, provided that Council
may postpone the date of the hearing for a reasonable time beyond
such 10 day period for good and sufficient reason.
(4)
After such hearing, Council shall sustain, modify
or rescind the decision of the Code Enforcement Officer, in writing
with notice to all interested parties.
A.
The following acts are prohibited:
(1)
Abandonment or willful failure to perform, without
justification, any contract or project engaged or undertaken by a
contractor or willful deviation from or disregard of plans or specifications
in any material respect without obtaining the consent of the owner
in writing, provided that the Code Enforcement Officer has received
notification of such changes.
(2)
Making substantial misrepresentation in the procurement
of a contractor, or making any false promise of character likely to
influence, persuade or induce.
(3)
Any fraud in the execution of, or in the material
alteration of, any contract, mortgage, promissory note or other document
incident to a contractual transaction.
(4)
Preparing or accepting any mortgage, promissory note
or other evidence of indebtedness upon the obligation of a contractual
transaction with knowledge that it recited a greater monetary obligation
than the consideration for the work to be performed, which consideration
may be a time sale price.
(5)
Directly or indirectly publishing any advertisement
relating to work or services which contains an assertion or representation,
or is a statement of fact, which is false, deceptive or misleading,
provided that any advertisement which is subject to and complies with
the then existing rules, regulations or guidelines of the Federal
Trade Commission shall not be deemed false, deceptive or misleading;
or by any means advertising or purporting to offer the general public
any work or service with the intent not to accept contracts for the
particular work or at the price which is advertised or offered to
the public.
(6)
Willful or deliberated disregard and violation of
the building laws of the state or of the Borough or of the safety,
labor or worker's compensation insurance laws of the state.
(7)
Doing any business with or through any person who
is subject to the licensing requirements of this article with the
knowledge that such person is not licensed as required.
(8)
Misrepresentation of a material fact by an applicant
in obtaining a license.
(9)
Willful failure to notify the Code Enforcement Officer
of any change of control in ownership, management or business name
or location.
(10)
Conducting a business in any name other than
the one in which the contractor or salesman is licensed.
(11)
Willful failure to comply with any order, demand,
or requirements lawfully made by the Code Enforcement Officer under
and within the authority of this article.
B.
Violations of any of the prohibitions of this section:
A.
No person shall knowingly and willfully engage in
building construction, repairs, remodeling, rehabilitation or demolition
without obtaining a license as required by this article, unless such
person is exempted from such licensing requirements.
B.
No person shall continue in business as a contractor
after his or her license has been revoked or when it is under suspension.
C.
No person shall knowingly and willfully violate any
provision of this article.
Whoever violates or fails to comply with any
of the provisions of this article shall be fined the maximum allowed
by law, and in default of payment thereof, shall be imprisoned for
not more than 30 days, for each offense. A separate offense shall
be deemed committed each day during or on which a violation or noncompliance
occurs or continues.
