[Ord. 553, 6/8/1988, § 1; as amended by Ord. 731, 2/11/2015]
The Borough Council finds it to be in the best interest of the residents of Morton Borough, Delaware County, Pennsylvania, that persons or firms who engage in construction, repairs, remodeling, rehabilitation or demolition and operating as general contractors, mechanical contractors, electrical contractors, fire prevention contractors, speciality contractors, home improvement contractors, roofing contractors, painting contractors, paper-hanging 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 Morton.
[Ord. 553, 6/8/1988, § 2]
No person or firm may engage in or transact any construction, building repairs, remodeling, rehabilitation or demolition business, or hold themselves out to the public as doing such business or solicit such business in the Borough of Morton, Pennsylvania, except in compliance with the applicable provisions of this Part. No person or firm may engage in this Borough in any trade or practice or other act prohibited by any provision of this Part, and any person or firm who willfully participates in a prohibited act or violation is subject to the criminal penalty therefor. The provisions of this Part may not be waived by agreement.
[Ord. 553, 6/8/1988, § 3]
1. 
A license issued pursuant to this Part may not be construed to authorize the licensee to perform any particular type of work or kind of business which is reserved to qualified licensees under other provisions of state or local law, nor shall any license or authority other than as issued or permitted pursuant to this Part authorize engaging in construction, building repairs, remodeling, rehabilitation, demolition or home improvement business in the Borough of Morton.
2. 
This Part shall not apply to the official transaction of an authorized representative of the United States of America or any instrumentality thereof, or of any state, the District of Columbia, territory of the United States or any city or county thereof, or of any instrumentality of a state or political subdivision thereof.
[Ord. 553, 6/8/1988, § 4]
For the purpose of this Part, 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 person is licensed or subject to the licensing requirements of this Part 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, speciality 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.
[Ord. 553, 6/8/1988, § 5]
1. 
It is the duty of the Borough Council to administer and provide for the enforcement of all the provisions of this Part and specifically to issue the licenses to all applicants who shall be duly qualified under and who comply with the provisions of this Part, and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Borough Building Inspector is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by this § 5-209, Subsection 2, and the license fee having been paid.
2. 
A certificate of insurance acceptable to the Building Inspector shall be filed with the Borough prior to the issuance of a license. These certificates shall contain a provision that coverages afforded under the policy will not be cancelled until at least 15 days prior to written notice having been given the Borough of Morton.
[Ord. 553, 6/8/1988, § 6; as amended by Ord. 731, 2/11/2015]
No license shall be issued or become effective until the applicant pay the required fee, payable to the Borough of Morton as follows: all contractors as provided for in § 5-201 and who are in good standing, may be issued an annual license on a calendar-year basis beginning January 1 of each year upon application and the payment of a fee in an amount established from time to time by resolution of Borough Council. An abatement of said fee shall be made on September 1 for the balance of the calendar year at such rate as may be established, from time to time, by resolution of Borough Council.
[Ord. 553, 6/8/1988, § 7; as amended by Ord. 731, 2/11/2015]
Except as otherwise specifically exempted by the provisions of this Part, no person shall act in the capacity of general contractor, subcontractor, specialty contractor or home improvement contractor unless authorized to do so by a subsisting license issued in accordance with the provisions of this Part. A decal, to be supplied by the Building Inspector, indicating that the contractor is currently licensed, shall be affixed to all trucks or cars used by the contractor in the course of his work in the Borough. The decal shall be located on the vehicle in accordance with instructions of the Building Inspector.
[Ord. 553, 6/8/1988, § 8]
1. 
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, an who is acting exclusively within the scope of the craft or profession for which he is currently licensed pursuant to such other law.
[Ord. 553, 6/8/1988, § 9]
1. 
When an application has been filed with the Building Inspector, in proper form, he must, within a period of 30 days from the date following the date the application is received, issue or refuse the appropriate contractor's license to the applicant. If an application for a license is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the license.
2. 
An applicant for any license required by the provisions of this Part shall file a written application which shall be signed and under oath. The application shall require the names of owners, partners, directors and officers of any applicant, and the business addresses and trade names of the applicant, together with a certificate of insurance written for not less than any limits or coverage specified under this Part. The contractor shall take out and maintain at his own expense during the life of this license such public liability insurance, property damage, products liability and completed operations insurance [single limits $25,000]. Blasting and demolition insurance limits shall be determined at the time of application for a permit.
3. 
Every contractor licensee shall within 10 days after a change in control of ownership or management, or change of address or trade name, notify the Building Inspector of such changes.
4. 
Licenses of all contractors shall expire on September 1 following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee, as prescribed by § 5-206, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as Borough Council revoked or suspended the license.
[Ord. 553, 6/8/1988, § 10]
1. 
For the protection of the people of this 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.
B. 
The business transactions of the person have been marked by a practice of failure to perform contracts or the manipulation of assets or accounts, or by fraud or bad faith.
[Ord. 553, 6/8/1988, § 11; as amended by Ord. 731, 2/11/2015]
1. 
The Building Inspector shall have the power, upon approval of the Borough Council, to refuse, suspend or revoke any licenses issued under the provisions of this Part where the Building Inspector or Borough Council finds that the licensee has violated any provisions attempting to perform any act prohibited by this Part, or violates the Borough of Morton Building Code, as amended [Chapter 5, Part 4, "Uniform Construction Code].
2. 
A violation of any condition of a permit shall be cause for suspension or revocation of the license.
3. 
Any violation of any of the provisions of this Part upon the part of any director, manager, partner, officer, salesman, agent or employee of a contractor shall be cause for suspension or revocation of the license of the contractor unless it shall appear to the satisfaction of the Borough Council and Building Inspector that the individuals engaged in the management of the contractor:
A. 
Had no knowledge of the wrongful conduct; or,
B. 
Were unable to prevent the violation.
[Ord. 553, 6/8/1988, § 12]
1. 
The Borough shall suspend or revoke any license or authority to do business only after a hearing. At least 10 days prior to the date set for the hearing, the Building Inspector shall notify the licensee in writing of any charge made, and afford said licensee an opportunity to be heard in person and by counsel in reference thereto. Such written notice shall be served by delivery of the same to the licensee by certified mail to the business address of such licensee of record with the Borough. The hearing on such charges shall be at such time and place as the Borough Council shall prescribe.
2. 
If the Borough Council shall determine that any licensee is guilty of any violation of any of the provisions of this Part, the authority of the licensee to do business may be revoked or suspended for such period of time as shall be determined by Borough Council.
3. 
If a license is refused, the applicant may, within 10 days from the date the notice of refusal is mailed, request a hearing. Said hearing must be held within 30 days from the date of the request, and the Borough Council must render its decision within 20 days following the hearing.
[Ord. 553, 6/8/1988, § 13]
1. 
The following acts are prohibited:
A. 
Abandonment or willful failure to perform, without justification, any contract or project engaged in or undertaken by a contractor; or willful deviation from or disregard of plans or specifications in any material respect without obtaining the consent of the owner in writing and without providing the Borough building officials of notification of such changes.
B. 
Making any substantial misrepresentation in the procurement of a contract, or making any false promise of character likely to influence, persuade or induce.
C. 
Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a contractual transaction.
D. 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligation of a contractual transaction with knowledge that it received a greater monetary obligation than the consideration for the work to be performed, which consideration may be a time-sale price.
E. 
Directly or indirectly publishing any advertisement relating to work or services which contain an assertion, representation or statement of fact which is false, deceptive or misleading; provided, that any advertisement which is subject to and complies with the then existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading; or, by any means advertising or purporting to offer the general public any work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
F. 
Willful or deliberate disregard and violation of the building laws of this state or this borough, or of the safety of labor or workmen's compensation insurance laws of this state.
G. 
Doing any business with or through any person who is subject to the licensing requirements of this Part with the knowledge that such person is not licensed as required.
H. 
Misrepresentation of a material fact by an applicant in obtaining a license.
I. 
Willful failure to notify the Borough of any change of control in ownership, management or business name or location.
J. 
Conducting a business in any name other than the one in which the contractor or salesman is licensed.
K. 
Willful failure to comply with any order, demand or requirement lawfully made by the Borough Council under and within the authority of this Part.
2. 
Violations of any of the prohibitions of this section shall:
A. 
Subject any violator, to whom the licensing provisions of this Part apply, to the administrative sanctions of this Part.
B. 
Subject any violator, whether or not required to be licensed by this Part, to criminal prosecution.
[Ord. 553, 6/8/1988, § 14; as amended by Ord. 731, 2/11/2015]
Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation or demolition without obtaining a license as required by this Part, and who is not otherwise exempted from said licensing requirements, and any person who continues in business as a contractor after revocation or during suspension, shall be, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. 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.