[Adopted 12-14-1983 by Ord. No. 1133 (Ch. 71A, Art. I, of
the 1972 Code)]
This article shall be known and may be cited as the "Sharon
Hill Contractor Licensing Ordinance."
The Council finds it to be in the best interest of the residents
of Sharon Hill Borough, 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 Sharon Hill.
As used in this article, unless the context clearly indicates
a different meaning, the following terms shall have the meanings indicated:
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 owner,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, demolition, paving and any other residential
or nonresidential construction or demolition work in the Borough,
whether as a general contractor, subcontractor, specialty contractor
or home improvement contractor.
INSPECTOR
The Building Inspector and/or the Code Enforcement Officer
of the Borough.
LICENSE YEAR
The twelve-month period beginning on January 1 of each year.
OWNER
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.
PERSON
Any individual, partnership or limited partnership.
The inspector or his or her authorized representatives shall
administer and enforce this article.
No person shall act as a contractor in the Borough 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 provision of this article is also in violation of
this article.
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 the
other provisions of state or local law.
No contractor's license shall be required of:
A. A person who performs labor or services for a contractor for wages
or salary.
B. 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 is acting exclusively within the scope of such craft
or profession for which he or she is currently licensed pursuant to
such other law.
[Amended 12-11-2003 by Ord. No. 1295]
A. At the time of the application for a new license or for the renewal
of a current license, the applicant shall pay to the inspector a license
application fee as set from time to time by resolution of the Borough
Council, payable to the Borough, for the following:
[Amended 5-24-2012 by Ord. No. 1359]
(1) Contractors of nonresidential work.
(2) Swimming pool and sign contractors.
(3) Contractors of residential work.
B. No fee or portion thereof shall be returned to any applicant.
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the inspector of such change.
Any of the following circumstances is sufficient cause to deny
the issuance of a license under this article, or a renewal thereof,
or for revoking a license previously issued:
A. The applicant falsely answered any question contained on the application
form.
B. The applicant has been refused a similar contractor's license
or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal, if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C. The licensee fails to maintain, during the license year, the policies
of insurance required under this article.
D. The licensee violates any of the provisions of the Building Code
or any provision of this article.
E. The licensee violates any condition or requirement of a building
permit, sewer construction permit or highway permit issued by the
Borough.
F. The licensee willfully deviates from or disregards any plans or specifications
for a contracting job in a material respect without first obtaining
the consent of the owner, in writing, to such change and without first
notifying the inspector of such change.
G. The licensee does business through a person who is subject to the
licensing requirements of this article but who is not licensed as
required by this article.
H. The licensee conducts a contractor's business in the Borough
under a name other than that under which he or she is licensed.
I. The licensee fails to comply with an order, demand or requirement
lawfully made by the inspector under the authority of this article
or any other Borough ordinance.
[Amended 7-14-1988 by Ord. No. 1180]
In addition to refusal or revocation of a license, as provided in §
144-13, whoever violates or fails to comply with any of the provisions of this article shall be fined a maximum fine as provided from time to time by state statute for each offense, together with the costs of prosecution, or shall be subject to imprisonment in the county jail for a term not to exceed 30 days, or both. The fine imposed under this section shall be in addition to any other penalty imposed by this article.
[Adopted 2-25-2010 by Ord. No. 1341]
The requirements of this article shall not apply to contracts
executed prior to the effective date of this article, except that
the exercise of an option on a contract covered by this article shall
be deemed to create a new contract for purposes of this article.