[HISTORY: Adopted by the Borough Council of the Borough of
Malvern 9-15-2009 by Ord. No. 2009-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 89.
Fees — See Ch.101.
Property - See Ch. 153.
[1]
Editor’s Note: This ordinance repealed former Ch. 90,
Contractor Licensing, comprised of former Art. I, Required of Any
and All Contractors, adopted 6-25-2005 by Ord. No. 2005-3.
This chapter shall be known and may be cited as the "Malvern
Borough Commercial Contractor Licensing Ordinance."
The following words and phrases as used in this chapter shall
have the meanings ascribed to them in this section. The masculine
includes the feminine, the singular includes the plural, and the plural
includes the singular.
The Borough of Malvern, Chester County, Pennsylvania.
Any property other than an existing single-family residence,
including but not limited to apartment complexes, property being developed
for new home construction, the conversion of existing commercial structures
into residential or noncommercial structures, and any nonresidential
structure requiring a permit from the Borough.
An agreement, whether oral or written, and whether contained
in one or more documents, between a contractor and owner, or between
a contractor and 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 commercial construction, alterations,
repairs, site improvements, sign installation, any other nonresidential
construction or new residential construction, or demolition or blasting
work in the Borough, whether as a general contractor, subcontractor,
or specialty contractor with respect to the owner.
The twelve-month period beginning the first day of January
of every year.
The Borough Manager.
Any commercial property owner, 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 contract or otherwise.
Any individual, partnership, limited partnership, association,
corporation, trust, or other legally recognizable entity.
The Manager or authorized representatives shall administer and
enforce the provisions of 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 aides 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 state or local law.
A.
For license year beginning January 1, 2010, and each license year
thereafter, with respect to commercial property, it shall be unlawful
for any person, firm, or corporation to engage in the business of
constructing, altering, repairing, roofing, remodeling, siding, demolishing
or moving the whole or any part of a property, building, structure,
or any improvement for which a building permit is required; or to
install, resurface, or improve driveways or sidewalks; or to engage
in the construction or installation of swimming pools, satellite receiving
antennas, tennis courts, fences, garages, carports, storage sheds,
or any accessory use for which a building/zoning permit is required;
or to engage in installation or replacement of heating/ventilation/air-conditioning
or sprinkler systems, tanks and gasoline pumps; or to engage in site
improvement, including grading, paving, curbing or stormwater drainage
installation; or to engage in the business of erecting or altering
signs, without first obtaining a license therefor as required by this
chapter.
B.
Such license shall be secured by the filing of an application, prepared
and furnished by the Manager, and the payment of a license fee as
hereinafter set forth.
C.
Each application shall be signed by the applicant, if a natural person;
and in the case of an association, firm, partnership, or corporation,
by a member, officer, or agent thereof. For each association, firm,
partnership, or corporation, any license will be issued in the name
of the association, firm, partnership, or corporation, and the individual
officer or agent thereof who applies for the license shall be the
custodian of the license. If the individual custodian of the license
ceases to be an associate, member or agent of the association, firm,
partnership, or corporation, then the entity shall promptly inform
the Borough of the name, title, position, and address of the new custodian
of the license.
D.
Each successful application shall be issued a license. Each licensed
contractor shall carry the license card on his person and, upon demand,
shall display the license card to the Manager or his representatives.
E.
All contractors' licenses shall expire at midnight on December
31 of each license year unless the license is revoked or suspended
prior thereto under the terms of this chapter. A new contractor's
registration form must be completed each license year along with the
required license fee and certificate of insurance. A new license card
will be issued for the current licensing year.
F.
Any person carrying on the business of contracting for commercial
or new residential construction in Malvern Borough must secure a license
under the terms of this chapter for each license year during which
he carries on such business.
A.
The provisions of 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 agency or instrumentality in any of
the foregoing governments.
B.
No contractors' license shall be required of any person when
acting in a particular capacity or particular type of transaction
as follows:
(1)
A person who performs labor or services for a contractor for wages
or salary.
(2)
An individual 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 who is acting exclusively within the scope
of such craft or profession for which he is currently licensed pursuant
to such other law.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Manager at the time of license
application. The certificate of insurance shall contain a provision
that coverage afforded under the policy will not be cancelled until
at least 15 days' prior written notice of such cancellation has
been given to Malvern 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 $300,000 for all contractors. Blasting and demolition insurance
shall also be required for blasting and demolition contractors; blasting
and demolition coverage must be in the amount of $1,500,000 and must
name Malvern Borough as an additional insured for the time period
involved for the blasting or demolition permit. All types and limits
of insurance for which certificates are presented at the time of application
and based upon which a license is issued shall be maintained throughout
the license year, or the license will be suspended or revoked as hereinafter
set forth in this chapter.
A.
At the time of application for a new license or for the renewal of
a current license, the applicant shall pay to the Manager the license
fee as set forth in the Fee Schedule adopted by resolution.[1] The fee shall be valid for the period January 1 through
December 31 of every year.
[1]
Editor's Note: Said Fee Schedule, as amended, is available
at Malvern Borough Hall for inspection.
A.
When an application has been filed with the Manager in the proper
form, the Manager shall, within a period of 30 days from the date
of receipt of the application, issue or refuse to issue the appropriate
contractors' license to the applicant. If issuance of a license
is denied, the Manager shall mail to the unsuccessful applicant a
written statement setting forth the reason or reasons for the denial
within the thirty-day period.
B.
The application for a license shall be a printed form, provided to
the applicant by the Manager, and the application shall require a
written answer to all questions contained therein. The applicant shall
not be entitled to consideration of his application until the application
is completed in full and all questions answered in writing. The application
form shall be signed by the applicant under oath, in the presence
of a notary public. The application form shall include, but shall
not be limited to, the following:
(1)
The name and address of the applicant; the firm under which the applicant
proposes to do business; the length of time engaged in the contractor
business; city, state and federal employer identification number.
(2)
A statement as to whether or not any municipalities have refused
to issue or have revoked any similar contractors' licenses to
the applicant within two years previous to the date of the application,
and, in the event that there has been such denial or revocation, an
explanation detailing the reasons for such denial or revocation.
(3)
A listing of all convictions within two years prior to the date of
the application for any crimes or offenses under any state or federal
statute, or for violation of any municipal ordinance, so long as such
convictions were related to the applicant's work or contracts
as a contractor. The term "conviction" shall include guilty pleas
and pleas of nolo contendere. If any such convictions exist, the applicant
shall explain in writing the nature of any such convictions.
Every contractor licensee shall, within 10 days after a change
in ownership, managers, officers, management, address, or trade name,
notify the Manager of such change.
No license shall be issued or renewed 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 refused a similar contractors' license
or has had a similar contractors' license revoked or suspended
by another municipality within two years prior to the date of the
application for issuance or renewal, and if the refusal, revocation
or suspension by the other municipality was due to failure to comply
with that municipality's building codes;
C.
If the applicant has been convicted within two years prior to the
date of application for any crimes or offenses under any federal or
state criminal statute, or for violation of any municipal ordinance,
so long as such convictions were related to the applicant's work
as a contractor. The term "conviction" shall include guilty pleas
and pleas of nolo contendere.
The Manager 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 previously submitted to
the Manager.
B.
If the licensee failed 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 Malvern
Borough Building Code or the Uniform Construction Code.
D.
If the licensee violates any condition or requirement of a building
permit, sewer construction permit, electrical permit, plumbing permit
or highway permit issued by Malvern Borough.
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 Manager 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 fails to comply with an order, demand, or requirement
lawfully made by the Manager under the authority of this chapter or
any other Borough ordinance.
In addition to all other acts prohibited by the terms of this
chapter, those acts warranting revocation of a license under this
chapter shall also be prohibited.
A.
In addition
to revocation or refusal of a license as provided in this chapter,
any person, or any officer, agent, or employee thereof, who shall
fail, neglect, or refuse to comply with any of the terms or provisions
of this chapter shall, upon conviction thereof by a Magisterial District
Justice, be sentenced to a fine of not more than $1,000 and the cost
of prosecution thereof for each and every offense. Whenever such person
shall have been notified by the Borough of Malvern through its duly
constituted representatives or by service of summons or prosecution
or in any other way that such violation has been committed, each day
that such person shall continue in such violation shall constitute
a separate offense punishable by a like fine or penalty.
This chapter shall become effective immediately upon enactment.
