[Ord. 2006-O-1, 1/3/2006, § 701]
This Part shall be known and may be cited as the "Newtown Township
Contractor Licensing Ordinance."
[Ord. 2006-O-1, 1/3/2006, § 702]
The following words and phrases, as used in this Part, 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 for payment, other than reimbursement of costs,
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 owner,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, alterations, installation, repair, demolition,
and shall include, but not be limited to, paving, concrete, signs,
alarm systems, plumbing, electrical, and any other residential or
nonresidential construction, repair, alteration, or demolition in
the Township, whether as a general contractor, subcontractor, specialty
contractor, or home improvement contractor with respect to the owner.
The Code Enforcement Officer of the Township of Newtown.
A twelve-month period beginning the first day of January
each year.
Any property owner, tenant, or other person who orders, contracts
for, or purchases the services of a contractor, or any person receiving
the benefit of the work of a contractor pursuant to a contract, gift,
or otherwise.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
The Township of Newtown.
[Ord. 2006-O-1, 1/3/2006, § 703]
The Enforcement Officer or his authorized representatives shall
administer and enforce the provisions of this Part.
[Ord. 2006-O-1, 1/3/2006, § 704]
No person shall act as a contractor in the Township except in
compliance with the provisions of this Part. Any person, including
an owner, who willfully aids a contractor in violating any provisions
of this Part is in violation of this Part. The provisions of this
Part may not be waived by agreement.
[Ord. 2006-O-1, 1/3/2006, § 705]
A license issued pursuant to this Part shall not be construed
to authorize the licensee to perform any particular type of work or
type of business which requires certification or licensing under other
provisions of State or local law.
[Ord. 2006-O-1, 1/3/2006, § 706]
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 shall, on or before the first day of each license year, or
prior to commencing business during a license year, make application
for license to act as a contractor in the Township. Such application
shall be made by the completion of an application furnished by the
Enforcement Officer and the payment of a license fee as hereinafter
set forth in this Part. Each application must contain information
as set forth hereafter in this Part. Each application for a license
shall be signed by the applicant, if a natural person, and in the
case of an association or partnership, by a member or partner thereof,
and in the case of a corporation, by an officer thereof. Each successful
applicant shall be issued a license, which license shall be in the
form of a wallet size card and in the form of a vehicle sticker. Additional
vehicle stickers shall be available at a fee established by resolution
of the Township. Every licensed contractor, while actually acting
as a contractor in the Township, shall carry on his person the said
license card and shall display it to the Enforcement Officer, or his
representative, upon demand. Every licensed contractor shall at all
times display the vehicle sticker license(s) on the rear of the vehicle(s)
used primarily for the activities as a contractor. All contractor's
licenses shall expire at midnight on the day immediately preceding
the beginning of each license year, unless the license is revoked
or suspended prior thereto under the terms of this Part. A person
with an unexpired license which has not been revoked or suspended
during the current year who makes application for a license for the
following license year need not complete an application form, but
shall only submit the required license fee, and shall advise of any
changes to the information required and set forth on the original
application. Any person carrying on the business of a contractor in
the Township shall secure a license under the terms of this Part in
each license year during which the business is conducted in the Township.
[Ord. 2006-O-1, 1/3/2006, § 707]
1.
The provisions of this Part 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.
2.
No contractor's license shall be required of any person when acting
in a particular capacity or particular type of transaction as follows:
A.
A person who performs labor or services for a contractor for wages
or salary.
B.
A person who is required by State law to attain standards of competency
or experience, and who must obtain licensing under such State 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 law.
C.
The provisions of this Part shall not apply to the owner of a property
who performs work on the owned or leased property.
[Ord. 2006-O-1, 1/3/2006, § 708]
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Enforcement Officer at the
time of license application. The certificate of insurance shall contain
a provision that coverages afforded under the policy shall not be
cancelled until at least 15 days prior written notice of such cancellation
has been give to the Township. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant,
for public liability, bodily injury, property damage, products liability,
and completed operations each of which must have a single occurrence
limit of at least $50,000. Blasting and demolition insurance shall
also be required if blasting and demolition are to be performed, and
the reasonable limits of such insurance shall be determined by the
Enforcement Officer at the time of application, based on the nature
and extent of the applicant's proposed operations. All types and limits
of insurance for which certificates are presented at the time of application
shall be maintained throughout the license year.
[Ord. 2006-O-1, 1/3/2006, § 709]
1.
At the time of application for an annual license or for the renewal
of a current license, or upon application for a limited license, the
applicant shall deliver to the Enforcement Officer a license fee,
payable to the Township. The fee shall be set forth in the Township
Fee Schedule, as the same may be amended from time to time by the
Board of Supervisors of the Township.
2.
The fee imposed shall be payable per license year or any portion
thereof during which any application for an annual license is received.
There shall not be a prorated reduction for an annual license fee.
[Ord. 2006-O-1, 1/3/2006, § 710]
In lieu of an annual license, an application may be made, and
a license issued, for a particular job. This license shall expire
upon the completion of the job designated on the license application,
and shall be valid for that particular job only. The fee for a limited
license shall be as set forth in the Township Fee Schedule and the
same may be amended from time to time by the Board of Supervisors
of the Township.
[Ord. 2006-O-1, 1/3/2006, § 711]
1.
When an application has been filed with the Enforcement Officer in
proper form, the Enforcement Officer shall, within a period of 30
days from the date following the date the application is received,
issue or refuse to issue the appropriate contractor's license to the
applicant. If issuance of a license is denied, the Enforcement Officer
shall mail to the applicant, by regular mail, postage prepaid, addressed
to the applicant at the address set forth on the application, a written
statement setting forth the reasons for the denial within the aforesaid
thirty-day period.
2.
The application for a license shall be a printed form, provided to
the applicant by the 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
applicant is not entitled to consideration of the application until
he has answered all questions. The application form shall be signed
by the applicant under oath. The questions and information requested
on the application form shall include, but shall not be limited to,
the following:
A.
The names of owners, partners, directors, and officers of the applicant,
the business address, and trade name of the applicant.
B.
A statement as to whether or not any municipality has refused to
issue or has revoked any similar contractor's license to the applicant
within two years previous to the date of the application. In the event
there has been such a denial or revocation, the applicant must explain
in writing the reasons for such denial or revocation.
[Ord. 2006-O-1, 1/3/2006, § 712]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name
notify the Enforcement Officer of such change.
[Ord. 2006-O-1, 1/3/2006, § 713]
1.
No license shall be issued or renewed under the following circumstances:
A.
If the applicant falsely answers any question or questions contained
on the application form.
B.
If the applicant has been refused a contractor's license or has had
a contractor's license revoked or suspended by this or any other municipality
within two years prior to the date of application for issuance or
renewal, and if the refusal, revocation, or suspension by this or
any other municipality was due to a willful failure to comply with
the municipality's Building, Plumbing, Electrical, Mechanical, Fire,
Zoning or Housing Code, or any other code pertaining to construction,
alteration, or repair of a building or structure.
[Ord. 2006-O-1, 1/3/2006, § 714]
1.
The Enforcement Officer shall revoke any license issued under the
provisions of this Part under the following circumstances:
A.
If the licensee falsely answers a question or questions contained
on the application for licensing or renewal of licensing previously
submitted to the Enforcement Officer.
B.
If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this Part.
C.
If the licensee willfully violates any of the terms or provisions
of any Township Building, Plumbing, Electrical, Mechanical, Fire,
Zoning or Housing Code or any other code pertaining to construction,
alteration, and repair of structures or buildings, or any terms or
provisions of this Part.
D.
If the licensee willfully violates any condition or requirement of
any permit issued by the Township, including building, sewer construction,
or highway permits.
E.
If the licensee conducts a contractor's business in the Township
under any name other than that under which he is licensed.
F.
If the licensee fails to comply with an order, demand, or requirement
lawfully made by the Enforcement Officer under the authority of this
Part or any other Township ordinance, law or regulation.
[Ord. 2006-O-1, 1/3/2006, § 715]
In addition to all other acts prohibited by the terms of this
Part, those acts warranting revocation of a license under this Part
shall also be prohibited acts under this Part.
[Ord. 2006-O-1, 1/3/2006, § 716]
This Part shall not be construed as superseding or waiving the
requirements of any other ordinance or regulation of the Township
requiring the issuance of permits to plumbers, electricians, and other
contractors, which permit is required as a condition to perform work
within the Township.
[Ord. 2006-O-1, 1/3/2006, § 717]
Any person, firm or corporation who shall violate any provision
of this Part, upon a determination of liability in a civil enforcement
action brought before a magisterial district judge, shall be sentenced
to pay a fine of not more than $600 plus costs. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 2006-O-13, 9/26/2006, § I]
The Code Enforcement Office shall not issuance a license except
upon the filing of a complete application, and the payment of the
filing fee as required by ordinance of Newtown Township. The provisions
of §§ 701-717 of this Part to the extent not expressly
inconsistent with the provisions of the Electrical Code are hereby
incorporated relating to the requirements for licensing, renewal,
revocation and penalties associated therewith.
