This article shall be known as the "Westmont Borough Contractor's Registration Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Westmont as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-2005 by Ord. No. 785]
In order to promote the public safety and the general welfare of the citizens of Westmont Borough by ensuring that all contractors doing business in Westmont Borough are aware of the rules and regulations governing the construction, alterations and/or repair of buildings and structures in Westmont Borough, including site preparation, excavation and paving, it is the intent of this article to require the yearly licensing of contractors.
As used in this article, the following terms shall have the meanings indicated:
A structure having a roof supported by columns or walls for the shelter of persons, animals, chattels or property.
An official document or certificate issued by the Codes Enforcement Officer pursuant to the PA Uniform Construction Code, as adopted by Westmont Borough and/or as amended,[1] authorizing the construction of a specific building or structure or the performance of a specific activity.
The PA Uniform Construction Code,[2] as amended, adopting and amending nationally recognized model codes for construction and use classifications.
Any person, partnership or corporation engaged in the business of constructing, altering or repairing any building or structure or engaged in the transport and setup of a prefabricated structure delivered to a site in Westmont Borough or engaged in site preparation, excavation or paving for a fee.
Engaging in the construction, alteration or repair of any building or structure in Westmont Borough for which a building permit is required under the ordinances of Westmont Borough or engaging in sidewalk repair or replacement, residing or reroofing existing structures, replacement of windows, or engaging in site preparation, excavation, paving and placement of bituminous, concrete or paver-brick driveways or parking areas.
Construction materials or assembled units fabricated prior to erection or installation in a building or structure.
The form prepared by the Codes Enforcement Officer for obtaining information about the contractor.
More than one infraction of the codes of Westmont Borough which has not been corrected after due notice has been given by the codes Enforcement Officer of Westmont Borough.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
A contractor. The term shall not include an employee of a contractor or subcontractor.
From and after the effective date of this article, it shall be unlawful for a contractor or subcontractor doing business in Westmont Borough to construct, alter or repair any building or structure or perform site preparation, excavation or paving unless the contractor or subcontractor has registered with the Borough and has paid the required registration or renewal fee.
The fee for the registration shall be as set from time to time by resolution of the Borough Council, and all registrations shall be for the calendar year, or such portion thereof as shall remain after registration. There shall be no reduction in the fee for registration after the beginning of any calendar year. The registration shall expire on the 31st day of December of each year by the Borough Council by resolution.
The contractor or subcontractor shall supply such information as shall be required to complete the registration form attached hereto[1] and made a part hereof as it may be amended from time to time by the Codes Enforcement Officer. The contractor or subcontractor shall provide proof of liability insurance by submitting certificates of insurance with Westmont Borough named as certificate holder. The minimum liability insurance shall be $100,000. The minimum amount of workers' compensation insurance shall be in accordance with the PA state minimum requirements.
[1]
Editor's Note: The registration form is on file in the Borough offices.
Upon request by the Codes Enforcement Officer, the Borough Public Works Director or their representative(s), or an officer of the West Hills Police Department, a contractor shall provide proof of current license. Proof of licensing shall be established by having a copy or original of the approved contractor's licensing application form at the location of any construction site and producing such at the request of the above authorized Borough personnel.
It shall be the duty of all contractors and subcontractors to comply with all ordinances and codes relating to the construction, alteration and repair of all buildings and structures located with Westmont Borough, and all site preparation, excavation and paving in Westmont Borough and all laws or ordinances pertaining to or regulating the activities engaged in.
Any contractor's or subcontractor's registration may be revoked by the Codes Enforcement Officer for repeated violations of any ordinances related to the construction, alterations or repair of any building or structure within Westmont Borough, or to site preparation, excavation or paving, or any laws or ordinances pertaining to or regulating the activities engaged in. Such revocation may be in addition to any fine imposed for violating this article.
Any contractor or subcontractor whose registration has been revoked by the Codes Enforcement Officer shall have the right of appeal to the Westmont Borough Council within 30 days after notice of the revocation.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The imposition of the penalties herein prescribed shall not preclude the appropriate office of Westmont Borough from instituting appropriate action to restrain the unlawful construction, alteration or repair of a building or structure or site preparation. excavation or paving in Westmont Borough.