[Ord. 1105, 5/13/1996, § 1]
This Part shall be known and may be cited as the "Bristol Borough
Contractor Licensing Ordinance."
[Ord. 1105, 5/13/1996, § 2]
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 indicates the singular:
The Borough of Bristol.
An agreement, 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, repair, reroofing, remodeling,
rehabilitation, demolition, paving and any other residential or nonresidential
construction or demolition work in the Borough, whether as a general
contractor, subcontractor, specialty contractor or home improvement
contractor with respect to the owner.
The Bristol Borough Inspector.
The twelve-month period beginning the first day of January
of each year.
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.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
[Ord. 1105, 5/13/1996, § 3]
The Inspector or his authorized representatives shall administer
and enforce the provisions of this Part.
[Ord. 1105, 5/13/1996, § 4]
No person shall act as contractor in the Borough except in compliance
with the provisions of this Part.
[Ord. 1105, 5/13/1996, § 5]
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 is reserved to qualified licensees under other
provisions of state or local law.
[Ord. 1105, 5/13/1996, § 6]
For the license year beginning January 1, 1996, and each license
year thereafter, every person desiring to continue to engage in or
hereafter to begin to engage in the business of acting as a contractor
in the Borough shall, on or before the first day of January of the
license year or prior to commencing business in such license year,
make application for a license to act as a contractor in the Borough.
Such application shall be made by the completion of an application
furnished by the Inspector and the payment of a license fee as hereafter
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 a 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. The license shall be in the form
of a wallet size card and in the form of a vehicle bumper sticker.
Every licensed contractor, while actually acting as a contractor in
the Borough, shall carry the said license card with him and shall
display it to the Inspector or his representatives upon demand to
do so. Every licensed contractor shall at all times display his bumper
sticker license on the rear bumper of the vehicle he primarily uses
in his activities as a contractor. All contractor's licenses shall
expire at midnight December 31 of each year unless the license is
revoked or suspended prior thereto under the terms of this Part. A
person with an unexpired license and which has not been revoked or
suspended during the current license year who makes application for
a license for the following license year need not complete an application
form, but must only submit the required license fee. If he qualifies
for licensing and renewal for the following license year he will be
issued a new license card and bumper sticker for the following license
year. Any contractor carrying on the business of contracting in the
Borough must secure a license under the terms of this Part for each
license year during which he carries on such business.
[Ord. 1105, 5/13/1996, § 7]
1.
The provisions of this Part shall not apply to the official transactions
of any authorized representative of:
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 other state or local law to attain standards
of competency or experience and who must obtain licensing under such
other state or local 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 other law.
[Ord. 1105, 5/13/1996, § 8]
1.
No contractor's license shall be issued unless the applicant files
a certificate of insurance with the Inspector at the time of license
application. The certificate of insurance shall contain a provision
that coverage afforded under the policy will not be canceled until
at least 15 days' prior written notice of such cancellation has been
given to the Borough of Bristol. The certificate of insurance must
evidence policies of insurance, maintained at the expense of the applicant,
for public liability, property damage, products liability, workmen's
compensation 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 for blasting and demolition contractors, and
the reasonable limits of such insurance shall be determined by the
Inspector at the time of application, based on the nature and extent
of the applicant's proposed operations.
2.
All types and limits of insurance for which certificates are presented
at the time of application and based upon which a license is issued
shall be maintained throughout the license year or the license will
be suspended or revoked as hereinafter as set forth in this Part.
All insurance carriers shall be licensed to do business in the Commonwealth
of Pennsylvania.
[Ord. 1105, 5/13/1996, § 9; as amended by Ord.
1295, 9/9/2013]
At the time of application for a new license or for the renewal
of a current license, the applicant shall pay to the Inspector a license
application fee in an amount as established, from time to time, by
resolution of Borough Council, all payable to the Borough of Bristol.
The fee is not subject to refund.
[Ord. 1105, 5/13/1996, § 10]
1.
When an application has been filed with the Inspector in proper form,
the Inspector must, within a period of 15 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 Inspector shall mail to the unsuccessful
applicant a written statement setting forth the reason or reasons
for the denial, within the aforesaid fifteen-day period.
2.
The application for a license shall be a printed form, provided to
the applicant by the Inspector, 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 his 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
and the business address and trade names of the applicant.
B.
A statement as to whether or not any municipalities have refused
to issue or have 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.
C.
A listing of all previous contractor's job completed or accepted
by the applicant within six months prior to the application, along
with a statement of the location of the jobs, and the names, addresses
and telephone numbers of the party or parties who contracted with
the applicant for such jobs.
D.
A listing of convictions within two years prior to the date of the
application for any crimes or offenses under any federal or state
criminal statute or for violation of any municipal ordinance which
relate to offenses concerning the applicant's work or contracts as
a contractor. The term "conviction" shall include guilty pleas of
nolo contendere. If any such convictions exists, the applicant shall
give in writing the caption, court and term number of the proceeding
leading to the conviction. The applicant shall also explain, in writing,
the nature of the conviction.
E.
A listing of all unsatisfied civil judgments in any jurisdiction
against the applicant, if such civil judgments were entered on a lawsuit
in which it was alleged that the applicant failed to complete a contract
as defined in this Part or improperly performed a contract as defined
in this Part. The applicant shall give, in writing, the caption, court
and term number of civil action upon which any such judgments were
entered and all shall explain in writing the nature of all such civil
judgments.
F.
A listing of any bankruptcy proceeding filed by the contractor.
[Ord. 1105, 5/13/1996, § 11]
Every contractor license shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Borough of such a change.
[Ord. 1105, 5/13/1996, § 12]
1.
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 similar contractor's license
or has had a similar contractor's license revoked or suspended by
another municipality within two years prior to the date of application
for issuance or renewal and if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.
If the applicant has been convicted within two years prior to the
date of the application for any crimes or offenses under any federal
or state criminal statute or for violation of any municipal ordinance,
so long as such convictions were for offenses related to the applicant's
work as a contractor. The term "conviction" shall include guilty pleas
and pleas of nolo contendere.
D.
If an unsatisfied civil judgment against the applicant exists in
any court in any jurisdiction and if the record of such court shows
that such judgment was entered because of the applicant's failure
to complete a contract as defined in this Part or if such judgment
was entered because of the applicant's failure to properly perform
a contract as defined in this Part.
[Ord. 1105, 5/13/1996, § 13]
1.
The Inspector shall revoke any license issued under the provisions
of this Part under the following circumstances:
A.
If the licensee falsely answered any question or questions contained
on an application for licensing or renewal of licensing previously
submitted to the Inspector.
B.
Failure of the licensee to maintain during the license year the policies
of insurance required under the provisions of this Part.
C.
If the licensee violates any of the terms or provisions of the Bristol
Borough Building Code or any terms or provisions of this Part.
D.
If the licensee violates any condition or requirement of a building
permit, sewer or water permit or highway permit issued by the Borough
of Bristol.
E.
If the licensee willfully deviates from or disregards any plans or
specifications for any contracting job in any material respect without
first obtaining the consent of the owner in writing to any change
and without first notifying the Inspector of any such change.
F.
If the licensee does any business through any person who is subject
to the licensing requirements of this Part and who is not licensed
as required by this Part.
G.
If the licensee conducts a contractor's business in the Borough under
any name other than that under which he is licensed.
H.
If the licensee fails to comply with an order, demand or requirement
lawfully made by the Inspector under the authority of this Part or
any other Borough ordinance.
[Ord. 1105, 5/13/1996, § 14]
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. 1105, 5/13/1996, § 15; as amended by Ord.
1295, 9/9/2013]
In addition to refusal or revocation of a license as provided
under this Part, any person, as defined in this Part, 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 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.
