[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as indicated in article histories. Amendments noted
where applicable.]
[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.
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.
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.
The twelve-month period beginning the first day of January
of each year.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
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)
CONTRACTOR
HOME IMPROVEMENT
[1]
[a]
[b]
[c]
[2]
[a]
[b]
[c]
[d]
[e]
[f]
[i]
[ii]
[g]
[h]
For purposes of the home improvement contractor exemption above,
the following terms shall be defined as follows:
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:
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:
Repair, replacement, remodeling, demolition, removal, renovation,
installation, alteration, conversion, modernization, improvement,
rehabilitation or sandblasting.
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.
Without regard to affixation, the installation of central heating,
air conditioning, storm windows or awnings.
The term does not include:
The construction of a new home.
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.
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.
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.
Any work performed without compensation by the owner of the
owner's private residence or residential rental property.
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:
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.
The placement of retaining walls, fountains or drainage systems.
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]
The conversion of existing commercial structures into residential
or noncommercial structures.
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.
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]]
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.
