[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 3-4-2002 by Ord. No. 2-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 112.
As used in this chapter, the following terms shall have the
meanings indicated:
Borough of Towanda, Pennsylvania.
The Building Code Official of the Borough of Towanda, Pennsylvania.
An agreement, whether oral or written, and whether contained
in one or more than one document, between a contractor and an owner
or another contractor for the performance of contractor work, including
labor, services and material acquisition, in exchange for an agreed
upon consideration.
Any person, other than a bona fide employee of the owner,
who pursues full-time independent, regular or seasonal business for
compensation or not, who undertakes to perform a job or piece of work,
for consideration or not retaining in himself control over the means,
method or manner of accomplishing the job or piece of work to be performed
and, in the performance of the same, undertakes or is contractually
obligated to perform work related to any of the following:
[Amended 12-30-2002 by Ord. No. 2002-10]
Backhoe operation; bulldozing; building additions; work related
to the construction of any structure, including homes, buildings,
decks, porches, garages and outbuildings; concrete installation; demolition;
drainage; driveway; drywall; electrical; excavation; fencing; foundation;
gutter; heating; air conditioning; hauling and removal of renovations;
kitchen and bath installation; mason, brick or stone installation;
painting; patio construction; pole construction; paving; plumbing;
power washing; remodeling; repairing or replacement of windows or
doors; roadway construction; roofing; satellite dish installation;
septic system construction; sewer installation; sidewalk repair or
construction; siding; sign installation; site preparation; swimming
pool installation or repair; topsoil installation or removal; tree
removal or trimming; utility; waterproofing; or well-drilling work,
whether performed as a general contractor or subcontractor, specialty
contractor or home improvement contractor or the placement or installation
of prebuilt buildings on real property.
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.
Any individual, partnership, limited partnership, association,
corporation, trust, or other legally recognizable entity.
Any twelve-month period commencing on April 1 of any calendar
year and terminating on March 31 of the following year.
A.
No contract shall be subject to this chapter where the contractor's services shall require compensation of less than $500 and involves routine maintenance as described in § 112-11 of the Towanda Borough Code.
B.
No person shall attempt to circumvent this chapter by entering into
two or more separate contracts so as to avoid the consideration threshold
of this chapter: $500. If an attempt to avoid this chapter is made
as aforementioned, this chapter shall have full force and effect over
all contracts involved.
[Amended 5-6-2002 by Ord. No. 2002-4]
Throughout this chapter, the masculine shall include the feminine
and the singular the plural and the plural the singular.
A.
No person shall act as a contractor in the Borough except in compliance
with the provisions of this chapter.
B.
Any person, including an owner, who willfully aids or participates
with a contractor in a violation of this chapter, in so doing, shall
be in violation of this chapter.
C.
The provisions of this chapter may not be waived by agreement.
The Building Code Official and his authorized representatives,
if any, shall administer and enforce the provisions of this chapter.
All appeals from decisions of the Building Code Officials and
his authorized representatives, if any, shall be made to the Board
of Appeals.
A.
No contractor shall, within the Borough, perform any acts of a contractor
unless the contractor is a registered contractor.
B.
A contractor's registration shall be valid for one registration
year, and that year shall be set forth on the registration.
C.
A contractor shall register by filing a completed registration application
with the Building Code Official and paying the Borough through the
Building Code Official the required registration fee. No application,
however, need be filed by a contractor possessed of a valid current
registration who is seeking a renewal of registration for the immediately
following registration year; however, the contractor must pay the
registration fee and present proof of insurance, as both are required
by this chapter.
D.
No application for registration shall be accepted by the Building
Code Official unless it is signed by the applicant, if a natural person,
but in the case of an association or partnership, by a member or partner
thereof, and in the case of an association or partnership, by a member
or partner thereof, and in the case of a corporation, by an officer
thereof.
E.
No application for registration shall be accepted by the Building
Code Official unless it contains all the information that is required
by this chapter to be set forth in an application for registration.
F.
No application for registration shall be accepted by the Building
Code Official unless the applicant submits satisfactory proof of insurance
as the same is required by this chapter.
G.
Each successful applicant for registration shall be issued a registration
in the form of a wallet-size registration card. Every registered contractor,
while acting as a contractor in the Borough, shall carry his registration
card upon his person and, upon demand, shall display it to the Building
Code Official or his representative.
A.
No application for a contractor's registration shall be valid
or considered by the Building Code Official unless:
B.
The application for contractor's registration form provided by the
Building Code Official shall, at a minimum, require the following
information:
(1)
The trade names and primary business address of the contractor applicant.
(2)
The names of all owners, directors and officers of the contractor
applicant. Should a particular applicant contractor be a business
owned by 10 or more persons, the Building Code Official may, if he
deems it appropriate taking into consideration the purposes of this
chapter, waive a recitation of more than 10 owners' names.
(3)
A statement indicating whether, within two years of the date the
application is executed, any municipality has refused to issue or
has revoked a contractor's registration or similar document of
the person signing the registration application, the contractor applicant,
or any predecessors of the contractor applicant. In the event there
has been a refusal or revocation, the reason or reasons for the refusal
or revocation shall be set out on the application.
(4)
A statement by the applicant that he and all the identified owners
of the contractor applicant agree that the information contained in
the application may be available to the public for inspection and
that he is fully authorized by all the owners of the contractors business
at issue to authorize such public inspection.
(5)
A list of all criminal convictions occurring within two years of
the date of the filing of the application of the person signing the
registration application, the contractor applicant, or any predecessor
of the contractor applicant where the predecessor owned any part of
the contractor applicant's business within the preceding two years.
Criminal convictions shall include and be limited to any violation
of any federal, county, or state law or county or municipal ordinance
which relate to the work of a contractor as contractor is defined
in this chapter. Conviction shall include guilty verdicts, guilty
pleas and pleas of nolo contendere. Regarding any convictions, the
applicant shall identify the caption, court and term number of the
proceeding and shall explain the nature of the offense and conviction.
(6)
A list of all unsatisfied civil judgments in any jurisdiction which
involve an allegation that the person signing the application, the
contractor applicant or any predecessor of the contractor applicant
has failed to complete a contract or improperly performed a contract
as contract is defined in this chapter.
No contractor's registration shall be issued or renewed
if the person signing the applications, the contractor applicant or
any predecessor of the contractor applicant where the predecessor
owned any part of the contractor applicant business within the preceding
two years:
A.
Has falsely answered any question contained on an application for
registration. Outdated information given in answer to a question shall
be considered false information.
B.
Has had a contractor's registration issued by the Borough or
a similar document issued by another municipality suspended or revoked
due to a failure to comply with any building code.
C.
Has been convicted of a federal or state crime or county or municipal
ordinance involving the work of a contractor as such work is identified
in this chapter within the definition of contractor.
D.
Is a defendant subject to a civil judgment of any court in any jurisdiction
and the judgment is based on a failure to complete a contract or failure
to properly perform a contact as contract is defined in this chapter.
No contractor's registration shall be issued unless the
following insurance conditions are met:
A.
The contractor applicant has either comprehensive general liability
insurance or manufacturer's and contractor's liability insurance
with a single occurrence and aggregate limit of at least $300,000.
B.
The contractor applicant has property damage, bodily injury, product
liability and completed operations insurance with a single occurrence
and aggregated limit of at least $300,000.
C.
When the contractor applicant proposes to perform any blasting and/or
demolition activity within the Borough, the contractor applicant has
blasting and demolition insurance in an amount to be determined by
the Building Code Official after taking into consideration the nature
and extent of the contractor applicant's proposed blasting and
demolition activities.
D.
For each type of insurance required by this chapter as a condition
of registration, a certificate of insurance as required by this chapter
is submitted to the Building Code Official.
[Amended 12-6-2010 by Ord. No. 2010-7]
A.
At the time of application for a new registration or renewal of a
current registration, the applicant shall pay a nonrefundable registration
application fee, as established from time to time by resolution of
the Council of the Borough of Towanda, Pennsylvania, to the Building
Code Official for the use and benefit of the Borough.
B.
Any contractor who commences or continues to work as a contractor
without a valid contractor's registration shall pay, in addition
to the contractor's registration fee, an additional late registration
fee, in an amount as established from time to time by resolution of
the Council of the Borough of Towanda, Pennsylvania.
A.
Whenever a properly executed application for a contractor's
registration has been filed with the Building Code Official, within
30 days of said filing, the Building Code Official shall do the following:
B.
Any applicant for a contractor's registration whose application
has been denied by the Building Code Official may appeal the decision
to the Board of Appeals of the Borough.
Whenever a certificate of insurance is required by this chapter,
the certificate of insurance shall:
A.
Indicate the nature of the insurance policy and the policy limits.
B.
Contain a provision that the insurance policy at issue has a provision
that if the policy is terminated, within three days of termination,
the insurance company shall notify the Borough in writing of the fact
of termination.
C.
Indicate that the insurance policy at issue is in force and effect
and is being paid for by the contractor applicant.
Any insurance required by this chapter shall be maintained in
force and effect and without any reduction in the policy limits; otherwise,
the breaching contractor's registration shall be revoked by operation
of the law.
Every contractor who has a valid contractor's registration
shall, within 10 days of any change in ownership, directors, officers,
management address, or trade name pertinent to the contractor, notify
the Building Code Official of the change.
Should a contractor seek to perform any blasting or demolition
activity, the contractor shall:
A.
In advance of any blasting or demolition activity, notify the Building
Code Official of the structures at issue and the nature of the activity
to be performed.
B.
If required by the Building Code Official, obtain blasting and demolition
insurance in an amount to be determined by the Building Code Official
after taking into consideration the nature and extent of the proposed
activities.
C.
Perform all blasting and demolition activities in accordance with
all state laws and regulations and all county and municipal ordinances.
The Building Code Official shall revoke any contractor registration
under the following circumstances:
A.
The person signing the most recent registration application shall
have falsely answered any question on said application.
B.
The registered contractor does any of the following:
(2)
Violates any term or condition of a building registration, sewer
construction registration or highway registration issued by the Borough.
(3)
Substantially deviates from or disregards any plan or specification
for any contracting job without first obtaining the consent of the
owner of the property at issue, in writing, to the deviation and submit
a copy of said consent to the deviation to the Building Code Official.
(4)
Does any business through any person who is subject to the registration
requirements of this chapter and who does not have a registration
as the same is required by this chapter.
(5)
Conducts a contractor business in the Borough under any name other
than the name set forth in the then-current registration.
(6)
Fails to comply with any order, demand or requirement lawfully made
by the Building Code Official.
A.
The Borough will not issue a building permit to any contractor, subcontractor,
or resident who is subject to the Workers' Compensation Act 44
of 1993 unless the building permit applicant demonstrates to the Building
Code Official that said applicant has the required workmen's
compensation coverage by filing with the Building Code Official one
of the following:
(1)
A certificate of insurance issued by the building permit applicant's
workers compensation carrier which demonstrates that said applicant's
employees are covered by the policy.
(2)
A certificate of self-insurance issued from the Department of Labor
and Industry.
(3)
A notarized affidavit of exemption, executed by the contractor or
the property owner if the work is to be done by the property owner,
indicating that the building permit applicant will not hire any employees
to work on the construction project at issue.
(4)
A registration of the building permit applicant's federal or
state identification number. Said registration shall include the applicant's
letterhead or billhead, if any there be. In any case, the registration
shall include the applicant's address and telephone number. A
post office box address shall not suffice.
B.
If any resident or homeowner will be performing building permit work
on their own, the resident or homeowner shall file a notarized affidavit
of exemption from workers' compensation insurance which indicates
the resident or homeowner will not employ any individual contractor
or subcontractor to perform any of the building project work at issue.
C.
Any application for a building permit submitted to the Borough by
a contractor, subcontractor, resident or owner or any agent of any
of the immediately before aforementioned shall clearly set forth one
of the following:
(1)
The name and worker's compensation policy and the contractor
and/or subcontractor's federal or state employer identification
number.
(2)
The contractor's federal or state employer identification number
and a statement that the applicant is not permitted to employ any
individual to perform work pursuant to the building permit.
(3)
The resident's and/or homeowner's notarized affirmation
that he will not employ any individual to perform work pursuant to
the building permit.
D.
Any notarized affidavit of exemption shall be filed with the Borough's
copy of any building permit application.
E.
If applicable, upon the issuance of a building permit, the Borough
shall be named as a worker's compensation policy certificate
holder.
F.
Where there is workers' compensation coverage as required by
this chapter, upon termination of coverage or change in the policy,
the insurance carrier shall notify the Borough of the termination
or change within three working days thereof.
G.
If the Borough receives notice that the contractor or resident has
had required workers' compensation insurance terminated, has
lost required state approved self-insurance stature or has employed
one or more persons without providing required workers' compensation
coverage, the Borough shall, under the Workers' Compensation
Act, issue a stop-work order. The stop-work order shall not be lifted
until the contractor and/or subcontractor obtains the required workers'
compensation insurance.
A.
The provisions of this chapter shall not apply to the government
of the United States or any state of the United States or any agency
or instrumentality of said governments.
B.
No person who performs labor or services for a contractor for wages
or salary and who is covered by workers' compensation shall be
required to obtain a contractor's registration before performing
said labor or services.
C.
No sanction shall be imposed for a violation of this chapter if the
violator establishes to the satisfaction of the Building Code Official
by a preponderance of evidence that the violation was not willful
in nature.
Any person who is subject to this chapter, who violates this
chapter, upon conviction before a Magisterial District Judge, shall
pay a fine not exceeding $600 and the costs of prosecution for each
offense. If a violation continues for more than one day, each day
that the violation continues shall constitute a separate offense.
Regarding any work or activity subject to this chapter, by way
of said ordinance and the administration or enforcement of said ordinance,
the Borough accepts no legal responsibility regarding said work or
activity.
