[Ord. 402, 8/11/1988, § 1]
The Borough Council of East Lansdowne Council finds it to be
in the best interest of the residents of East Lansdowne, Delaware
County, Pennsylvania, that persons or firms who engage in construction,
repairs, remodeling, rehabilitation, or demolition; and operating
as general contractors, subcontractors, specialty contractors, or
home improvement contractors be required to obtain a license from
the Borough for such purpose, to the end that only responsible and
qualified persons shall be permitted to engage in such business in
said Borough of East Lansdowne.
[Ord. 402, 8/11/1988, § 2]
No person or firm may engage in or transact any construction,
building repairs, remodeling, rehabilitation, or demolition business,
or hold themselves out to the public as doing such business, or solicit
such business in the Borough of East Lansdowne, Pennsylvania, except
in compliance with the applicable provision of this Part 5. No person
or firm may engage in this Borough in any trade or practice, or other
act prohibited by any provision of this Part, and any person or firm
who willfully participates in a prohibited act or violation is subject
to the criminal penalty therefore. The provisions of this Part may
not be waived by agreement.
[Ord. 402, 8/11/1988, § 3]
1.
A license issued pursuant to this Part may not be construed to authorize
the licensee to perform any particular type of work or kind of business
which is reserved to qualified licensees under other provisions of
state or local law; nor shall any licensee or authority other than
as issued or permitted pursuant to this Part authorize engaging in
construction, building repairs, remodeling, rehabilitation, demolition,
or home improvement business in the Borough of East Lansdowne.
2.
This Part 5 shall not apply to the official transactions of an authorized
representative of the United States of America or an instrumentality
thereof, of any state, District of Columbia, or territory of the United
States, any city or county thereof, or any instrumentality of a state
or political subdivision thereof.
[Ord. 402, 8/11/1988, § 4]
For the purpose of this Part 5:
an agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of work, and includes all labor, services, and materials to be furnished
and performed thereunder.
any person, other than a bonafide employee of the owner,
who undertakes or offers to work, whether or not such person is licensed
or subject to the licensing requirements of this subtitle and whether
or not such person is a prime contractor with respect to owner.
any property owner, tenant, or other person, who orders,
contracts for, or purchases the services of a contractor, subcontractor,
specialty contractor, or home improvement contractor; or the person
entitled to the work of such pursuant to a contract.
includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman, or other legal entity.
[Ord. 402, 8/11/1988, § 5]
1.
It is the duty of the Building Inspector to administer and provide for the enforcement of all the provisions of this Part 5 and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this Part, and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Building Inspector is authorized to issue licenses upon the proper application, the furnishing of a Certificate of Insurance as required by this Part 5, § 509(2), and license fee having been paid.
2.
Certificate of Insurance acceptable to the Building Inspector shall
be filed with the Borough prior to the issuance of a license. These
certificates shall contain a provision that coverages afforded under
the policy will not be cancelled until at least 15 days prior written
notice has been given the Borough of East Lansdowne.
[Ord. 402, 8/11/1988, § 6; as amended by Ord. 416,
4/22/1991]
No license shall be issued or become effective until the applicant
pays the required fees payable to the Borough of East Lansdowne as
established, from time to time, by resolution of Borough Council.
[Ord. 402, 8/11/1988, § 7]
Except as otherwise specifically exempted by the provisions
of this Part 5, no person shall act in the capacity of General Contractor,
Subcontractor, Specialty Contractor, or Home Improvement Contractor
unless authorized to do so by a subsisting license issued in accordance
with the provisions of this Part 5.
[Ord. 402, 8/11/1988, § 8]
No contractor's license shall be required of any person when
acting in the particular capacity or particular type of transaction
set forth in this Section:
A.
An individual who performs labor or services for a contractor for
wages or salary.
B.
Any person who is required by State or local law to attain standards
of competency or experience as a prerequisite to engaging to in such
craft or profession, and who is acting exclusively within the scope
of the craft or profession for which he is currently licensed pursuant
to such other law.
[Ord. 402, 8/11/1988, § 9]
1.
When an application has been filed with the Building Inspector in
proper form the Building Inspector must, within 30 days from the date
following the date the application is received, issue or refuse the
appropriate contractor's licenses to the applicant. If an application
for a license is refused, the applicant shall be sent a written statement
setting forth the reason for the refusal to grant the license.
2.
An applicant for any license required by the provisions of this Part
shall file a written application which shall be signed and under oath.
The application shall require the names of owners, partners, directors,
and officers of any applicant, together with a Certificate of Insurance
written for not less than any limits or coverage specified under this
Part. The contractor shall take out and maintain at his expense during
the life of this license such Public Liability Insurance, Property
Damage, Products Liability and completed operations (single limits
$100,000). Blasting and demolition insurance limits shall be determined
at the time of application for a permit.
3.
Every contractor licensee shall within 10 days after a change in
control of ownership, or of management, or of change of address or
trade name, notify the Building Inspector of such changes.
4.
Licenses of all contractors shall expire on March 31 following the
date of issue unless prior thereto the license is revoked or suspended.
Upon payment of the annual license fee, as prescribed by § 506,
prior to the expiration date, a license shall be renewed for another
year, and the authority to do business shall continue in effect until
such time within the year as the Council revoked or suspended the
license.
[Ord. 402, 8/11/1988, § 10]
For the protection of the people of this Borough, no license
shall be issued or continued if already issued, where:
[Ord. 402, 8/11/1988, § 11]
1.
The Building Inspector shall have the power to refuse, suspend or
revoke any licenses issued under the provisions of this Part 5 where
he finds that the licensee has violated any provisions of this Part
or is performing or attempting to perform any act prohibited by this
Part or any other ordinance of the Borough pertaining to the regulation
of building or the use or maintenance of any structure in the Borough.
2.
Any condition of a permit is violated.
3.
Any violation of any of the provisions of this Part 5 upon the part
of any director, manager, partner, officer, salesman, agent, or employee
of a contractor shall be cause for suspension or revocation of the
license of the contractor unless it shall appear to the satisfaction
of the Building Inspector that the individuals engaged in the management
of the contractor:
[Ord. 402, 8/11/1988, § 12]
1.
The following acts are prohibited:
A.
Abandonment or willful failure to perform, without justification,
any contract or project engaged in or undertaken by a contractor;
or willful deviation from or disregard of plans or specifications
in any material respect without obtaining the consent of the owner
in writing, and providing the Building Inspector has received notification
of such changes.
B.
Making any substantial misrepresentation in the procurement of a
contract, or making any false promise of character likely to influence,
persuade or induce.
C.
Any fraud in the execution of, or in the material alteration of any
contract, mortgage, promissory note, or other document incident to
a contractual transaction.
D.
Preparing or accepting any mortgage, promissory note, or other evidence
of indebtedness upon the obligation of a contractual transaction with
knowledge that it recited a greater monetary obligation than the consideration
for the work to be performed, which consideration may be a time sale
price.
E.
Directly or indirectly publishing any advertisement relating to work
or services which contains an assertion, representation, or statement
of fact which is false, deceptive, or misleading; providing that any
advertisement which is subject to and complies with the then existing
rules, regulations, or guides of the Federal Trade Commission shall
not be deemed false, deceptive, or misleading; or by any means advertising
or purporting to offer the general public any work or service with
the intent not to accept contracts for the particular work or at the
price which is advertised or offered to the public.
F.
Willful or deliberate disregard and violation of the building laws
of this State or of this Borough, or of the safety or labor, or workmen's
compensation insurance laws of this State.
G.
Doing any business with or through any person who is subject to the
licensing requirements of this subtitle with the knowledge that such
person is not licensed as required.
H.
Misrepresentation of a material fact by an applicant in obtaining
a license.
I.
Willful failure to notify the Building Inspector of any change of
control of ownership, management or business name or location.
J.
Conducting a business in any name other than the one in which the
contractor or salesman is licensed.
K.
Willful failure to comply with any order, demand, or requirements
lawfully made by the Building Inspector under and within the authority
of this Part 5.
2.
Violations of any of the prohibitions of this Section:
[Ord. 402, 8/11/1988, § 13]
Any person who shall knowingly and willfully engage in building
construction, repairs, remodeling, rehabilitation, or demolition without
obtaining a license as required by this Part and who is not otherwise
exempted from said licensing requirements and any person who continues
in business as a contractor, after revocation or during suspension,
shall be punished by a fine not exceeding $1,000 for each separate
violation, and in default of payment thereof be imprisoned for a term
not exceeding 30 days.
[Ord. 402, 8/11/1988, § 14]
Any person who knowingly and willfully violates any provision
of this Part in addition to any administrative penalty otherwise applicable
thereto, upon conviction thereof by a court of competent jurisdiction
of this State shall be punished by a fine not to exceed $1,000 for
each separate violation, and in default of payment thereof, be imprisoned
for a term not exceeding 30 days.
