Township of Upper Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 108.
Construction standards — See Ch. 119.
Fees and permits — See Ch. 140.
Portable storage and construction trailers — See Ch. 240.
Property maintenance — See Ch. 243, Art. I.
[Adopted 11-13-1984 by Ord. No. 1054 (Title 3, Ch. 7, of the 1977 Code)]
The following words and phrases as used in this article 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, reroofing, remodeling, rehabilitation, demolition, paving, electrical and any other residential or nonresidential construction or demolition work in the Township, whether as a 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.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust or other legally recognizable entity.
TOWNSHIP
The Township of Upper Moreland.
The Code Enforcement Officer or his authorized representatives shall administer and enforce the provisions of this article.
No person shall act as a contractor in the Township except in compliance with the provisions of this article. Any person, including an owner, who willfully aids a contractor or participates with a contractor in violating any provisions of this article is in violation of this article. The provisions of this article may not be waived by agreement.
A license issued pursuant to this article 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.
[Amended 11-10-2014 by Ord. No. 1639]
A. 
For the license year beginning January 1, 1985, and each license year thereafter, every person desiring to continue to engage in or hereafter to begin to engage in the business of acting as a contractor in the Township, except those contractors listed in § 119-6 of this article, shall, on or before the first day of January of the license year or prior to commencing business in such license year, make application for a license to act as a contractor in the Township.
B. 
Such application shall be made by the completion of any application furnished by the Code Enforcement Officer and the payment of the prescribed license fee. Each application must contain the information required hereinafter by this article and must present satisfactory proof of insurance. Each application for a license shall be signed by the applicant if a natural person and, in the case of an association or a partnership, by a member or partner thereof and, in the case of a corporation, by an officer thereof.
C. 
Each successful candidate shall be issued a license. Every licensed contractor, while acting as a contractor in the Township, shall carry said license with him and shall display it to the Code Enforcement Officer or his representatives upon request to do so.
D. 
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 article. A person with an unexpired license which has not been revoked or suspended during the current license year who makes application for a license for the following license year need not complete an application form by must only submit the required license fee and, if he qualifies for licensing and renewal under the terms of this article, his license shall be renewed for the following license year.
A. 
The provisions of this article 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 any agency or instrumentality of the foregoing governments; provided, however, that no person engaged by the representative of any of the foregoing shall act as a contractor in the Township unless such person shall first have complied with and have been licensed under the provisions of this article.
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.
(2) 
A person 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.
(3) 
A person who is registered as a home improvement contractor with the Pennsylvania Bureau of Consumer Protection in the Office of Attorney General in accordance with the Pennsylvania Home Improvement Consumer Protection Act (73 P.S. § 517.1 et seq.) and who is acting exclusively within the scope of home improvement work as defined by the Pennsylvania Home Improvement Consumer Protection Act (73 P.S. § 517.1 et seq.). This exemption shall not apply to any person whose work requires: a master plumber license; restricted master plumber license; journeyman plumber license; apprentice plumber license; or other similar license that is conditioned on testing requirements and obtaining a certificate through specific training in electricity, plumbing or other trade.
[Added 11-10-2014 by Ord. No. 1639]
(a) 
For purposes of the home improvement contractor exemption above, the following terms shall be defined as follows:
CONTRACTOR
Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailer's net worth, to provide home improvement services to the retailer's customers. The term does not include any of the following:
[1] 
A person for whom the total cash value of all of that person's home improvements is less than $5,000 during the previous taxable year.
[2] 
A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements.
[1] 
The term includes all of the following done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500:
[a] 
Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting.
[b] 
Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under Subsection B(3)(a)[2][f], painting, doors and windows and waterproofing.
[c] 
Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings.
[2] 
The term does not include:
[a] 
The construction of a new home.
[b] 
The sale of goods or materials by a seller who neither arranges to nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.
[c] 
The sale of services furnished for commercial or business use or for resale, if the service takes place somewhere other than at a private residence.
[d] 
The sale of appliances, including stoves, refrigerators, freezers, room air conditioners and others which are designed for and are easily removable from the premises without material alteration.
[e] 
Any work performed without compensation by the owner of the owner's private residence or residential rental property.
[f] 
Any work performed by a landscaper certified by the Department of Agriculture under the act of December 16, 1992 (P.L. 1228, No. 162), known as the "Plant Pest Act,"[1] except to the extent that the work involves any of the following at a private residence:
[i] 
The construction, replacement, installation or improvement of buildings, driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, nondecorative fences, doors, lighting systems, concrete walkways and windows.
[ii] 
The placement of retaining walls, fountains or drainage systems.
[g] 
Emergency work pursuant to Section 7 of the act of December 17, 1968 (P.L. 1224, No. 387), known as the "Unfair Trade Practices and Consumer Protection Law."[2]
[h] 
The conversion of existing commercial structures into residential or noncommercial structures.
[1]
Editor's Note: See 3 P.S. § 258.1 et seq.
[2]
Editor's Note: See 73 P.S. § 201-1 et seq.
A. 
No contractor's license shall be issued unless the applicant files a certificate of insurance with the Code Enforcement Officer at the time of license application. The certificate of insurance shall contain a provision that coverages afforded under the policy will not be canceled until at least 15 days' prior notice of such cancellation has been given to the Township of Upper Moreland. 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 $50,000. Blasting and demolition contractors, and the reasonable limits of such insurance, shall be determined by the Code Enforcement Officer at the time of application, based on the nature and extent of the applicant's proposed operations.
B. 
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 article.
A. 
The annual contractor's license fee shall be in the amount set forth in the Township Code Fee Schedule.[1]
[1]
Editor's Note: See Ch. 140, Fees, Rates and Permits, § 140-10.
B. 
There shall not be a prorated reduction in the license fee.
The application for a license shall be a printed form provided to the applicant by the Code Enforcement Officer, and the application shall require a written answer to all questions contained thereon. Failure to answer all questions on the application form shall mean that the application is incomplete and will not be considered until completed. The application form shall be signed by the applicant. The questions and information requested on the application form shall include but not be limited to the following:
A. 
The names of owners, partners, directors and officers of the applicant and the business address and trade names of applicant.
B. 
A statement as to whether or not any municipalities have refused to issue or have revoked any similar contractor's licenses to the applicant within two years previous to the date of the application. In the event that there has been such a denial or revocation, the applicant must explain in writing the reasons for such denial or revocation.
C. 
A listing of all previous contractor jobs completed or accepted by the applicant within two years prior to the application, along with a statement of the location of the jobs, and the names, addresses and telephone numbers of the party or parties who contracted with the applicant for such jobs.
Every contractor licensee shall, within 10 days after a change in ownership, directors, officers, management, address or trade name, notify the Code Enforcement Officer 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 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 municipal 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 Enforcement Officer shall revoke any license issued under the provisions of this article 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 Enforcement Officer.
B. 
If the licensee fails to maintain, during the license year, the policies of insurance required under the provisions of this article.
C. 
If the licensee violates any of the terms or provisions of the BOCA Building Code, Ordinance No. 1049, as amended, or its successor or any terms or provisions of this article.
D. 
If the licensee violates any condition or requirement of a building permit, sewer construction permit or highway permit issued by the Township of Upper Moreland.
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 Enforcement Officer of any such change.
F. 
If the licensee does any business through any person who is subject to the licensing requirements of this article and who is not licensed as required by this article.
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 Director under the authority of this article or any other Township code.
A. 
Any person who fails to correct a violation or institute a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with any requirements of this article or of any of the other applicable provisions of the Township Code shall be subject, upon summary conviction, for each violation, to a fine of not less than $25 nor more than $300 plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment not exceeding 30 days. Each day's failure to comply herewith shall constitute a separate offense.
B. 
The imposition of the penalties herein prescribed shall not preclude the Township Solicitor from initiating appropriate actions or proceedings at law or in equity to effect the purposes of this article.
[Adopted 11-9-2009 by Ord. No. 1578[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of any sections of Art. I, Licensing, above (Ord. No. 1054 – former Title 3, Chapter 7 of the 1977 Code), to the extent of any inconsistency with this ordinance.
The purpose and intent of this article is to ensure that contractors that perform home improvement contracts in the Township are registered with the Commonwealth of Pennsylvania as required by state law, and therefore maintain liability insurance as required by the Commonwealth of Pennsylvania.
The terms "contractor" and "home improvement contract," as used in this article, shall have the same definitions as those terms have in the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132, as amended.
All contractors that seek to perform home improvement contracts in the Township shall, prior to receiving a building or other permit from the Code Enforcement Department for any home improvement contract in the Township, provide a copy of certificate from the Office of the Attorney General to the Code Enforcement Department showing that said contractor is registered with the Commonwealth of Pennsylvania as required by the Act of October 17, 2008, P.L. 1645, No. 132, as amended, known as the "Home Improvement Consumer Protection Act" and a copy of the contractor's certificate of insurance. Contractors are also required to provide a copy of the certificate upon request from the Code Enforcement Department if a permit is not required but a contractor is performing a home improvement contract in the Township. No contractor performing a home improvement contract in the Township shall be required to register with the Township, obtain a license from the Township or pay a fee to the Township to meet the requirements of this article.
Any person, firm or corporation violating § 119-16 of this article, upon conviction in a summary proceeding by a magisterial district justice, shall be sentenced to pay a fine for the use of the Township of not less than $100 nor more than $600 plus costs of prosecution and, in default of payment thereof, to imprisonment for a period of not more than 30 days. Each day of noncompliance shall be deemed a separate offense. Each location of noncompliance shall be deemed a separate offense.