The Council finds it to be in the best interest of the residents
of the Borough of Darby, Delaware County, Pennsylvania, that persons
or firms who engage in construction, repairs, remodeling, rehabilitation
or demolition and acting as general contractors, mechanical contractors,
electrical contractors, fire prevention contractors, specialty contractors,
home improvement contractors or subcontractors, roofing contractors,
painting contractors, paperhanging contractors or tree surgeons, who
may be prime contractors or subcontractors, shall 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 Darby.
No person or firm may engage in or solicit any construction, building repairs, remodeling, rehabilitation or demolition business or hold themselves out to the public as doing such business or any such business set forth in §
60-1 hereof in the Borough of Darby, Pennsylvania, except in compliance with the applicable provisions of this chapter. No person or firm may engage in this Borough in any trade or practice or other act prohibited by any provision of this chapter, and any person or firm who willfully participates in a prohibited act or violation is subject to the penalties set forth. The provisions of this chapter may not be waived by agreement.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
CONTRACT
An agreement, whether oral or written or contained in one
or more documents, between a contractor and an owner 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 work, whether or not such a person is
licensed or subject to the licensing requirements of this chapter
and whether or not such person is a prime contractor or subcontractor
with respect to the owner.
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.
PERSON
Includes an individual, partnership, corporation, trust,
association owner, contractor, salesman or other legal entity.
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 in such
craft or profession for which he is currently licensed pursuant to
such other law.
For the protection of the people of the Borough, no license
shall be issued or continued if already issued, where:
A. The person or the management personnel are untrustworthy or not of
good character, and the Borough has proof of the same.
B. The business transactions of the person have been marked by a practice
of failure to perform contracts or manipulation of assets or accounts
or by fraud or bad faith.