[HISTORY: Adopted by the Borough Council of the Borough of
Penndel 7-6-2015 by Ord. No. 2015-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 155.
[1]
Editor's Note: This ordinance also repealed former Ch.
160, Contractors, adopted 8-6-2007 by Ord. No. 2007-3, as amended.
This chapter shall be known and may be cited as the "Penndel
Borough Contractor Licensing Ordinance of 2015."
The following words and phrases 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.
The Borough of Penndel, Bucks County, Pennsylvania.
The Building Inspector of the Borough of Penndel.
An agreement for payment for other than reimbursement of
costs, 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.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, alterations, installation, repair, and/or
demolition, and shall include, but not be limited to, paving, concrete,
signs, alarm systems, plumbing, electrical, electrical underwriter,
and any other residential or nonresidential construction, repair,
alteration, or demolition in the Borough, and who enters into a contract
directly with the owner.
The twelve-month period beginning January 1 of each year
and ending December 31 of each year.
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.
A law of the Commonwealth of Pennsylvania that provides for
the regulation of home improvement contractors and for the registration
of certain contractors; prohibits certain acts by contractors; and
provides both civil and criminal penalties for contractors and owners
who violate the said Act, codified at 73 P.S. §§ 517.1 —
517.18.
Any individual, partnership, limited partnership, association,
corporation, trust, or other legally recognizable entity.
Any contractor who enters into a contract with another contractor
to provide services as part of a contract with an owner to perform
services as a contractor.
The Building Inspector or his authorized representatives shall
administer and enforce the provisions of this chapter.
No person shall act as a contractor or subcontractor in the
Borough except in compliance with the provisions of this chapter.
Any person, including the owner, who willfully aids a contractor or
subcontractor 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.
Every person desiring to continue to engage in or hereafter to begin
to engage in the business of acting as a contractor or subcontractor
in the Borough shall, on or before the first day of each license year,
or prior to commencing business during a license year, make application
for a license to act as a contractor in the Borough.
B.
Such application shall be made by the completion of an application
furnished by the Building Inspector and the payment of a license fee
as hereinafter set forth in this chapter. Each application must be
signed by the applicant, if the applicant is a natural person, or
by a member or partner if the applicant is an association or partnership,
or by an officer if the applicant is a corporation.
C.
Each successful applicant shall be issued a license and a vehicle
sticker. Additional vehicle stickers shall be available at a minimal
cost set by the Building Inspector.
D.
Every licensed contractor or subcontractor, while acting as a contractor
or subcontractor in the Borough, shall carry on his person the said
license and shall display it to the Building Inspector, or his representative,
upon demand. Every licensed contractor or subcontractor shall at all
times display the vehicle sticker license(s) on the rear of the vehicle(s)
used primarily in carrying out the activities as a contractor or subcontractor.
E.
All contractors' licenses shall expire at 12:00 midnight on
the day immediately preceding the beginning of each license year,
unless the license is revoked or suspended prior thereto under the
terms of this chapter.
F.
A person whose license has expired but has not been revoked or suspended
during the current year may apply for a license for the following
license year by submitting the required license fee. In such a case
the person need not submit a license application, but such person
shall advise the Building Inspector, in writing, of any changes to
the information set forth on the original license application.
G.
Any person carrying on the business of a contractor or subcontractor
in the Borough shall secure a license under the terms of this chapter
in each license year during which the business is conducted in the
Borough.
H.
The Pennsylvania Home Improvement Consumer Protection Act does not
exempt contractors who engage in the business of commercial construction,
construction of new homes, or the conversion of existing commercial
structures into residential or noncommercial structures.
The provisions of this chapter shall not apply to the official
transactions of any authorized representative of:
A.
The government of the United States, any state or commonwealth of
the United States, any political subdivision of any state or commonwealth,
or any agency or instrumentality of the foregoing governmental entities.
B.
No contractor's 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 as a direct employee and not as a subcontractor.
(2)
A person who is required by state law to attain standards of competency
or experience, and who must obtain licensing under such state 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 law.
C.
The provisions of this chapter shall not apply to the owner or tenant
of a property who performs work on the owned or leased property.
D.
The provisions of this chapter shall not apply to any contractor who is (i) performing work outlined by the Pennsylvania Home Improvement Consumer Protection Act, who has obtained a certificate of registration from the Bureau of Consumer Protection in the Office of the Attorney General of Pennsylvania, and who is (ii) not acting as a subcontractor. Each such contractor shall provide to the Building Inspector a current copy of the certificate of registration provided by the Bureau of Consumer Protection, and shall comply with the provisions of § 160-8 of this chapter. Contractors complying with this subsection shall receive an exempt status. No fee shall be collected from any contractor having an exempt status nor shall a license or vehicle sticker be issued to such contractor.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Building Inspector at the
time of license application. The certificate of insurance shall contain
a provision that coverage afforded under the policy shall not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Borough. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant,
as follows: no less than $100,000 to $300,000 for bodily injury; no
less than $100,000 for property damage, public liability, and products
liability; and at least $50,000 for completed operations, each of
which shall have a single occurrence limit. Blasting and demolition
insurance shall also be required if blasting and demolition shall
be performed, and the reasonable limits of such insurance shall be
determined by the Building Inspector at the time of application, based
on the nature and extent of the applicant's proposed operations.
All types and limits of insurance for which certificates are presented
at the time of application shall be maintained throughout the license
year.
A.
At the time of application for a new license or for the renewal of
a current license, the applicant shall deliver to the Building Inspector
a license fee, payable to the Borough, in an amount established from
time to time by Borough Council.
B.
The fee imposed shall be payable per license year or any portion
thereof during which any application for license is received. There
shall not be a prorated reduction in the license fee.
A.
When an application has been filed with the Building Inspector in
proper form, the Building Inspector shall, within a period of 30 days
from the date following the date the application is received, issue
or refuse to issue the appropriate contractor's license to the
applicant. If issuance of a license is denied, the Building Inspector
shall, within the aforesaid thirty-day period, mail to the applicant,
by regular mail, postage prepaid, addressed to the applicant at the
address set forth on the application, a written statement setting
forth the reasons for the denial.
B.
The application for a license shall be a printed form, provided to
the applicant by the Building Inspector, and the application shall
require a written answer to all questions contained thereon. Failure
to answer all questions on the application form shall mean the applicant
is not entitled to consideration of his application until he has answered
all questions. The application form shall be signed by the applicant
under oath. The questions and information requested on the application
form shall include, but shall not be limited to, the following:
(1)
The name of owners, partners, building inspectors, and officers of
the applicant, the business address, and trade name of the applicant.
(2)
A statement as to whether or not any municipality has refused to
issue or has revoked any similar contractor's license to the
applicant within two years previous to the date of application. In
the event there has been a denial or revocation, the applicant must
explain in writing the reasons for such denial or revocation.
Every contractor licensee shall, within 10 days after a change
in ownership, building inspectors, officers, management, address,
or trade name, notify the Building Inspector of such change, in writing.
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 contractor's license or
has had a contractor's license revoked or suspended by the Borough
or any other municipality within two years prior to the date of application
for issuance or renewal, and if the refusal, revocation, or suspension
by this or any other municipality was due to willful failure to comply
with the municipality's building, plumbing, electrical, mechanical,
fire, zoning, or housing code, and any code pertaining to construction,
alteration, or repair of a building or structure.
C.
Revocation of the certificate of registration under the Home Improvement
Consumer Protection Act by the Commonwealth of Pennsylvania.
The Building Inspector 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 the application for licensing or renewal of licensing previously
submitted to the Building Inspector.
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 willfully violates any of the terms or provisions
of any Borough building, plumbing, electrical, mechanical, fire, zoning,
or housing code or other code pertaining to construction, alteration,
and repair of structures or buildings or any terms or provisions of
this chapter.
D.
If the licensee willfully violates any condition or requirement of
any permit issued by the Borough, including building, sewer construction,
or highway permits.
E.
If the licensee conducts a contractor's business in the Borough
under any name other than that under which he is licensed.
F.
If the licensee fails to comply with an order, demand, or requirement
lawfully made by the Building Inspector under the authority of this
chapter or any other Borough law or regulation.
G.
If a contractor willfully violates the regulations of the Commonwealth
of Pennsylvania Home Improvement Consumer Protection Act.
In addition to all other acts prohibited by the terms of this
chapter, those acts warranting revocation of a license under this
chapter shall be prohibited acts under this chapter.
A.
Any person, firm, or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
shall constitute a separate offense, and each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
B.
Any person, firm, or corporation who holds a valid certificate of
registration from the Bureau of Consumer Protection as outlined in
the Home Improvement Consumer Protection Act and shall violate a provision
of that Act shall be prosecuted to the fullest extent of the law as
outlined in the Act.
This chapter shall not be construed as superseding or waiving
the requirements of any other ordinance or regulation of the Borough
requiring the issuance of permits for plumbers, electricians, and
other contractors, where such permit is required as a condition to
perform work within the Borough.
