This chapter shall be known and may be cited
as the "Upper Southampton 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.
CONTRACT
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.
CONTRACTOR
Any person, other than a bona fide employee of the contractor,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, demolition, paving, electrical and any
other residential or nonresidential construction or demolition work
in the Township, whether as general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the property
owner.
LICENSE YEAR
The twelve-month period beginning the first day of January
of each year.
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.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust or other legally cognizable entity.
TOWNSHIP
The Township of Upper Southampton.
The Code Official 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 federal, state or local law.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Code Official of such change.
No license shall be issued or renewed by the
Code Official 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 Township 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 Code Official 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 Code Official.
B. If the licensee fails to maintain, during the license
year, the policies of insurance required under the provisions of this
chapter.
C. If the licensee violates any of the terms or provisions
of the Code of Ordinances of the Township of Upper Southampton or
any terms or provisions of this chapter.
D. If the licensee violates any condition or requirement
of any permit issued by the Township of Upper Southampton.
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 Code Official 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 Township under the authority of
this chapter or any other Township ordinance.
Appeals from any refusal to issue or renew,
suspension, or revocation of a license may be made to the Board of
Supervisors within 10 days after such action by the Code Official.
[Amended 3-18-2003 by Ord. No. 356; 6-19-2012 by Ord. No. 414]
Any violation of this chapter shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 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. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.