A.
Except as provided in § 384-24, only a municipally qualified and licensed plumbing contractor shall construct, install, alter, repair or reconstruct any building sewer or any connection to the service lateral. Before the issuance of any such municipal qualification certification, the plumbing contractor shall:[1]
(1)
Fill out the questionnaire provided by the Sewer Inspector covering
qualifications, insurance carried, work performed and equipment available.
(2)
Provide certificates of insurance covering each policy required herein,
which policies shall designate the Borough as named insured. The certificate
of insurance and policies shall contain a provision that, in the event
of cancellation, the Borough shall receive notice of such intended
cancellation 30 days in advance thereof. Such policy shall be written
by a responsible insurance company or companies satisfactory to the
Borough and shall include the following:
B.
Exclusion for explosion, collapse, underground pipes, telephone wires,
etc., (XCU) and all exclusions relating to construction work of the
type and character contracted for shall be deleted. Such insurance
shall cover, in addition to the Borough, the contractor, any subcontractors
or anyone directly or indirectly employed by either of them, together
with hold harmless coverage and liability for personal injuries, including
wrongful death as well as claims for damages to property, including
any legal fees arising out of such claims.
An owner shall be permitted to construct, install, alter, repair or reconstruct any building sewer, but shall not be permitted to make any connection to a service lateral, upon any residential real property in which the owner has an interest, as more fully defined in § 384-1, provided that a qualification certificate therefor shall be first obtained from the Sewer Inspector. Before the issuance of any such qualification certificate, the applicant shall:
A.
Fill out the questionnaire provided by the Sewer Inspector covering
qualifications, insurance carried, work performed and equipment available.
B.
Provided a certificate of liability insurance written by a responsible
insurance company satisfactory to the Borough, including the following
coverage:
In the event of any violation of any provision of this article,
the qualification certificate so issued hereunder may be suspended,
canceled or revoked by the Sewer Inspector after a hearing granted
by the Sewer Inspector to the holder of the certificate, upon five
days' notice served at the certificate holder's business or residence
as appears on the records of the Division of Water and Sewers. The
Sewer Inspector may, following notice and hearing, also revoke any
certificate issued through error or obtained by fraud. Any person
aggrieved by the action of the Sewer Inspector shall have the right
to appeal to the Council by filing a written notice of appeal with
the Borough Clerk within 10 days of each action. The Council shall
set a hearing within 30 days thereafter and shall either affirm or
reverse the decision of the Sewer Inspector.
The Sewer Inspector shall have the right to deny a certificate
to an applicant if he finds that the applicant does not possess the
necessary qualifications as set forth in the questionnaire or if the
applicant fails to comply with any provisions of this article. Any
applicant who is denied a certificate by the Sewer Inspector shall
have the right to appeal such determination, in writing, to the Council
within 10 days. The Council shall set a hearing within 30 days thereafter
and shall either affirm or revoke the determination of the Sewer Inspector.
If the determination is reversed, the Sewer Inspector shall forthwith
issue such qualification certificate, provided that the applicant
complies with all other requirements of this article.
No qualification certificate issued under the provisions of
this article may be transferred for any reason whatsoever.
