[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 12-21-2004 by Ord. No. 2004-13. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CONTRACTING WORK
- Any work performed to erect, add to, alter, repair or otherwise improve a structure, system or fixture.
- DEMOLITION CONTRACTOR
- Any person, firm or corporation qualified to remove or demolish structures or buildings on real property.
- ELECTRICAL CONTRACTOR
- Any person, firm or corporation qualified to install, alter, or repair electrical wiring systems and fixtures in, on, or about a structure.
- GENERAL BUILDING CONTRACTOR
- Any person, firm or corporation qualified to erect a structure in its entirety or to add to, alter or repair an existing structure or any of its component systems, other than electrical, plumbing, air conditioning and heating, which are addressed below. A general building contractor is one who is held accountable for the work of all separate contractors and subcontractors employed by said general building contractor.
- HEATING/AIR-CONDITIONING CONTRACTOR
- Any person, firm or corporation qualified to install, alter or repair any heating and/or air-conditioning systems and fixtures in, on or about a structure.
- MISCELLANEOUS CONTRACTORS
- All contractors not heretofore defined but intending to do work on, in or about a structure or property in the Borough. This shall not include an owner of a residential property in which he/she resides when he/she is performing such work on his/her own residential property.
- MOVING CONTRACTOR
- Any person, firm or corporation qualified and equipped to move any building, or the contents of any building, including personal property and fixtures.
- Any individual person, corporation or partnership or other form of organization.
- PLUMBING CONTRACTOR
- Any person, firm or corporation qualified to install, alter or repair any plumbing systems and fixtures in, on or about a structure.
Prior to commencing any activity which would be classified as contracting work within the Borough, every contractor shall obtain a license for such activity as provided herein.
License procedure. An application for a license pursuant to this chapter shall be made in writing, signed by the applicant, and submitted to the Borough Secretary. The application, in the case of a firm or corporation, should be made by an officer, agent or member of the firm or corporation. The license may then be issued in the name of the person, firm or corporation, but this license shall be valid and in effect only if the licensed individual is still a member, officer or agent of such firm or corporation.
The application shall contain the following:
Full name and address of the person making the application or the full name and address of the firm or corporation on whose behalf the application is made, including tax identification number or social security number (for an individual).
The permanent address and telephone number of the firm or corporation on whose behalf the application is made.
A statement that the person applying for the registration is at least 18 years of age and a citizen of the United States.
In the case of a partnership, the names, addresses and telephone numbers of all partners.
In the case of a firm or corporation, the name and address of the principal officer of the firm or corporation and the names and addresses of all officers and directors owning, on record or beneficially, 5% or more of the outstanding stock of any class of said corporation or 5% or more of the outstanding interest of said firm or partnership.
The classification for which the applicant seeks to be licensed.
Details as to the experience and qualifications in the classification of business or activity for which registration is sought.
Statement of the amount of public liability insurance and workers' compensation (if applicable) carried, the name and address of the carrier and the declaration page showing coverage.
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/her/its duties.
The application shall be accompanied by the payment of fees required under this chapter as set forth below.
The application shall be in writing on such printed forms as shall be prescribed and prepared by Borough Council, if any. Otherwise, any writing conforming to the requirements of this chapter will be sufficient.
Requirements for any licensee under this chapter shall have at least three years actual, physical experience either as a superintendent, foreman, manager or full-time employee in the field for which the license is requested. Proof of such experience and names/addresses of employers shall be provided with the application.
The types of licenses issued under this chapter are defined above: general building contractor, moving contractor, demolition contractor, electrical contractor, plumbing contractor, heating/air-conditioning contractor, miscellaneous contractor. A separate license shall be issued for each classification. In the case of a miscellaneous contractor, when the license is issued, it shall specify the type of work licensed and specifically state that it falls under the definition of "miscellaneous contractor" pursuant to this chapter.
Action on the license application.
The issuance of licenses under this chapter shall be made by the Code Enforcement Officer or, in his absence, the Borough Manager.
A three-day waiting period, not including weekends or holidays, shall be required between the submission of the application and the action on the application by the Code Enforcement Officer or, in his absence, the Borough Manager.
During this three-day waiting period, the Chief of Police may investigate the information on the application, including whether any person, partner or officer of the firm or corporation has been convicted of any crime and/or is actually located at the temporary addresses provided in the application. The Chief of Police shall advise the Code Enforcement Officer or, in his absence, the Borough Manager of the results of this investigation in writing.
The Code Enforcement Officer or, in his absence, the Borough Manager has the right to disapprove of any application for the following reasons:
If any person named in that application has been convicted of a felony or misdemeanor.
If the Chief of Police has not been able to confirm the authenticity of the address provided on the application.
If the application is incomplete.
If the applicant has previously violated the terms of this chapter during the preceding three-year period prior to this application.
If any information on the application is materially false or incorrect.
If it is determined that the applicant lacks sufficient experience or qualifications to qualify as a contractor in the classification of business or activity for which the license is sought.
License fees. Fees for licensing under this chapter and for all renewals thereof shall be as fixed by the Council from time to time by resolution of said Council.
License term. The term of each license under this chapter shall be for one year. The year shall be considered the calendar year in which the license is issued, which expires on December 31. The full fee shall be payable for this irrespective of the date of its issue.
Not transferable. Under no circumstances shall a license granted under this chapter be transferable.
The Code Enforcement Officer or, in his absence, the Borough Manager, is hereby authorized to revoke or suspend licenses without the return of fees under the following circumstances:
If any person named in the license is convicted of a felony or misdemeanor.
If it is determined that the licensee has given false information on the license application.
If it determined that unsafe work is being performed and unsafe services sold to the public.
If any provisions of this chapter are violated.
The filing of a voluntary petition in bankruptcy by the licensee.
Fraud, misrepresentation or other unjustified failure to perform the contract in the Borough for which a license under this chapter is required.
Upon suspension or revocation of a license under this chapter, this license shall be surrendered to the Code Enforcement Officer or, in his absence, the Borough Manager. Likewise, every holder of a license, upon retiring from the business for which the license in question was granted, shall notify the Code Enforcement Officer or, in his absence, the Borough Manager of such fact and at the same time surrender the license certificate for cancellation.
No person, partnership, firm or corporation which is not the holder of a valid contractor's license from the Borough shall falsely represent that he/she holds such a license, nor shall such person use, in advertising, the words "licensed contractor" or any words of similar meaning or import which can be gleaned to mean a licensed contractor by the Borough.
Any person who knowingly makes such a false statement is in violation of this chapter.
A license issued under this chapter may be renewed, provided that a written application for the renewal, attaching a copy of the current issue, is accompanied by the license fee as fixed by resolution of Borough Council. The application for renewal shall be filed by November 15, prior to the December 31 date, blocking the expiration date of the existing registration.
Any person who violates any provision of this chapter shall have committed a summary offense. Upon conviction, the person shall be subject to a fine not exceeding $1,000 per offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's violation of this chapter shall constitute a separate offense.
Any person whose application is denied by the Code Enforcement Officer or, in his absence, the Borough Manager may appeal, in writing, to be signed by the licensed person or licensed applicant, such action to a three-member Licensing Appeals Board established by Borough Council. Such appeal must be filed with the Secretary of the Borough within 10 days of receiving notice of the appealable action.
The three-member Licensing Appeals Board shall conduct a public hearing within 30 days of the filing of the appeal.