[Ord. 2009-4, 6/18/2009]
The purpose and intent of this Part is to ensure that contractors performing construction work within the Township are registered with the Commonwealth of Pennsylvania and/or the Township, in compliance with state law, most particularly, the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132 (hereinafter the "Act"), 73 P.S. § 517.1 et seq.
[Ord. 2009-4, 6/18/2009]
CONSTRUCTION WORK
Any activity regarding the construction, installation, improvement, renovation, alteration, conversion, modernization, repair, remodeling, rehabilitation, replacement, demolition, and/or removal of any man-made structure or building. This definition includes the management of any of the aforementioned activities but does not include the supplying of materials for any of the aforementioned activities.
CONTRACTOR
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
HOME IMPROVEMENT
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
PERSON
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
TRADESPERSON
A skilled manual worker or craftsman in a particular trade or craft related to the construction industry who has a high degree of both practical and theoretical knowledge of his or her trade and who has completed an apprenticeship and/or other types of required training, testing, certification, and qualifications necessary to practice this trade or craft. This term specifically includes, but is not limited to, a plumber or electrician.
[Ord. 2009-4, 6/18/2009]
1. 
All contractors seeking to undertake home improvement activities within the Township shall, prior to commencing such activities, provide proof to the Township that said contractor is registered with the Commonwealth of Pennsylvania as required by the Act. If the contractor is applying for a building or other permit from the Township in conjunction with such activities, the contractor shall provide this proof along with any application for a building or other permit from the Township.
2. 
All persons seeking to undertake construction work within the Township, where such person is not required to register with the Commonwealth of Pennsylvania under the Act, shall, prior to commencing such work, obtain a Lower Macungie Township contractors license from the Township pursuant to this Part or provide proof of a current and valid Lower Macungie Township contractors license to the Township. If a person is applying for a building or other permit from the Township in conjunction with such work, this person shall obtain this license or provide proof of a current license at the same time as applying for a building or other permit from the Township.
[Ord. 2009-4, 6/18/2009]
1. 
Any tradesperson seeking to undertake construction work within the Township and who meets any one of the following classifications, shall, prior to commencing such work, obtain a Lower Macungie Township contractors license from the Township pursuant to this Part or provide proof of a current and valid Lower Macungie Township contractors license to the Township. If the tradesperson is applying for a building or other permit from the Township in conjunction with such work, this tradesperson shall obtain this license or provide proof of a current license at the same time as applying for a building or other permit from the Township.
A. 
An electrician who has passed any and all tests and/or completed any and all training necessary to be a master electrician and/or holds a master electricians card/certificate/license.
B. 
An electrician who has passed any and all tests and/or completed any and all training necessary to be a journeyman electrician and/or holds a journeyman electricians card/certificate/license.
C. 
A plumber who has passed any and all tests and/or completed any and all training necessary to be a master plumber and/or holds a master plumbers card/certificate/license.
D. 
A plumber who has passed any and all tests and/or completed any and all training necessary to be a journeyman plumber and/or holds a journeyman plumbers card/certificate/license.
E. 
Any tradesperson who has passed any and all tests and/or completed any and all training necessary to be classified as a master in his or her trade and/or holds a master's card/certificate/license in his or her trade.
F. 
Any tradesperson who has passed any and all tests and/or completed any and all training necessary to be classified as a journeyman in his or her trade and/or holds a journeyman's card/certificate/license in his or her trade.
[Ord. 2009-4, 6/18/2009]
1. 
Any person required by this Part to obtain a Lower Macungie Township contractors license shall file a license application with the Township and pay the required fee. The amount of this fee shall be established by resolution of the Board of Commissioners which may be revised from time to time.
2. 
Any tradesperson required by this Part to obtain a Lower Macungie Township contractors license shall file with his or her license application proof of his or her master's or journeyman's qualifications.
3. 
All persons seeking to undertake construction work within the Township shall provide proof of adequate workmen's compensation insurance coverage as is required by the Commonwealth of Pennsylvania. If a person is applying for a building or other permit from the Township in conjunction with such work, this person shall provide proof of this insurance at the same time as applying for a building or other permit from the Township.
4. 
All Lower Macungie Township contractors licenses shall expire on December 31 of each year. All persons desiring to continue to conduct construction work within the Township for the following year shall, between December 1 and 31, surrender their current license to the Township; upon request and payment of a renewal fee, this license shall be renewed. The amount of this renewal fee shall be established by resolution of the Board of Commissioners which may be revised from time to time.
5. 
A register of all current and past holders of Lower Macungie Township contractors licenses setting forth the holder's name, business address, and current status of license shall be maintained by the Township. This register shall be open to the public for inspection and examination.
6. 
No person who obtained a Lower Macungie Township contractors license shall allow his/her/its name or license be used by another person for the purpose of obtaining permits or for conducting construction work within the Township.
7. 
The Township may revoke any Lower Macungie Township contractors license obtained through nondisclosure, misstatement, or misrepresentation of a material fact; through fraud or attempted fraud; or through the violation of any provision of this Part or any other Township ordinance. The Township may also revoke any Lower Macungie Township contractors license where the holder of the license has violated any provision of this Part or any other Township ordinance or has performed any construction work in violation of an approved plan or directive of any Township employee, contractor, or consultant.
[Ord. 2009-4, 6/18/2009; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 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. 2009-4, 6/18/2009]
Property owners who are directly conducting construction work on their property for their own benefit do not have to obtain a Lower Macungie Township contractors license prior to commencing this work. These property owner still must obtain all other required permits and approvals for this work, and any person employed by the property owner to do this work or any part thereof must be registered with the commonwealth and/or obtain a Lower Macungie Township contractors license from the Township in compliance with this Part.