This chapter shall be known and may be cited as the "Penndel
Borough Contractor Licensing Ordinance of 2015."
The following words and phrases used in this chapter 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.
BOROUGH
The Borough of Penndel, Bucks County, Pennsylvania.
CONTRACT
An agreement for payment for 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.
CONTRACTOR
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, alterations, installation, repair, and/or
demolition, and shall include, but not be limited to, paving, concrete,
signs, alarm systems, plumbing, electrical, electrical underwriter,
and any other residential or nonresidential construction, repair,
alteration, or demolition in the Borough, and who enters into a contract
directly with the owner.
LICENSE YEAR
The twelve-month period beginning January 1 of each year
and ending December 31 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.
PENNSYLVANIA HOME IMPROVEMENT CONSUMER PROTECTION ACT
A law of the Commonwealth of Pennsylvania that provides for
the regulation of home improvement contractors and for the registration
of certain contractors; prohibits certain acts by contractors; and
provides both civil and criminal penalties for contractors and owners
who violate the said Act, codified at 73 P.S. §§ 517.1 —
517.18.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust, or other legally recognizable entity.
SUBCONTRACTOR
Any contractor who enters into a contract with another contractor
to provide services as part of a contract with an owner to perform
services as a contractor.
The Building Inspector or his authorized representatives shall
administer and enforce the provisions of this chapter.
No person shall act as a contractor or subcontractor in the
Borough except in compliance with the provisions of this chapter.
Any person, including the owner, who willfully aids a contractor or
subcontractor in violating any provisions of this chapter is in violation
of this chapter. The provisions of this chapter may not be waived
by agreement.
A license issued pursuant to this chapter 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 other
provisions of state or local law.
The provisions of this chapter shall not apply to the official
transactions of any authorized representative of:
A. 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 governmental entities.
B. No contractor's license shall be required of any person when
acting in a particular capacity or particular type of transaction
as follows:
(1) A person who performs labor or services for a contractor for wages
or salary as a direct employee and not as a subcontractor.
(2) 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 chapter shall not apply to the owner or tenant
of a property who performs work on the owned or leased property.
D. The provisions of this chapter shall not apply to any contractor who is (i) performing work outlined by the Pennsylvania Home Improvement Consumer Protection Act, who has obtained a certificate of registration from the Bureau of Consumer Protection in the Office of the Attorney General of Pennsylvania, and who is (ii) not acting as a subcontractor. Each such contractor shall provide to the Building Inspector a current copy of the certificate of registration provided by the Bureau of Consumer Protection, and shall comply with the provisions of §
160-8 of this chapter. Contractors complying with this subsection shall receive an exempt status. No fee shall be collected from any contractor having an exempt status nor shall a license or vehicle sticker be issued to such contractor.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Building Inspector at the
time of license application. The certificate of insurance shall contain
a provision that coverage afforded under the policy shall not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Borough. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant,
as follows: no less than $100,000 to $300,000 for bodily injury; no
less than $100,000 for property damage, public liability, and products
liability; and at least $50,000 for completed operations, each of
which shall have a single occurrence limit. Blasting and demolition
insurance shall also be required if blasting and demolition shall
be performed, and the reasonable limits of such insurance shall be
determined by the Building Inspector 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.
Every contractor licensee shall, within 10 days after a change
in ownership, building inspectors, officers, management, address,
or trade name, notify the Building Inspector of such change, in writing.
No license shall be issued or renewed under the following circumstances:
A. If the applicant falsely answered 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 the Borough
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 willful failure to comply
with the municipality's building, plumbing, electrical, mechanical,
fire, zoning, or housing code, and any code pertaining to construction,
alteration, or repair of a building or structure.
C. Revocation of the certificate of registration under the Home Improvement
Consumer Protection Act by the Commonwealth of Pennsylvania.
The Building Inspector shall revoke any license issued under
the provisions of this chapter under the following circumstances:
A. If the licensee falsely answered any question or questions contained
on the application for licensing or renewal of licensing previously
submitted to the Building Inspector.
B. If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this chapter.
C. If the licensee willfully violates any of the terms or provisions
of any Borough building, plumbing, electrical, mechanical, fire, zoning,
or housing code or other code pertaining to construction, alteration,
and repair of structures or buildings or any terms or provisions of
this chapter.
D. If the licensee willfully violates any condition or requirement of
any permit issued by the Borough, including building, sewer construction,
or highway permits.
E. If the licensee conducts a contractor's business in the Borough
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 Building Inspector under the authority of this
chapter or any other Borough law or regulation.
G. If a contractor willfully violates the regulations of the Commonwealth
of Pennsylvania Home Improvement Consumer Protection Act.
In addition to all other acts prohibited by the terms of this
chapter, those acts warranting revocation of a license under this
chapter shall be prohibited acts under this chapter.
This chapter shall not be construed as superseding or waiving
the requirements of any other ordinance or regulation of the Borough
requiring the issuance of permits for plumbers, electricians, and
other contractors, where such permit is required as a condition to
perform work within the Borough.