[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 215.
[Adopted 6-1-2015 by Ord.
No. 6-2-15-01 (Ch. 80, Art. I, of the 1992 Code)]
A.
BOROUGH
CODE ENFORCEMENT OFFICER
CONTRACT
CONTRACTOR
HOME IMPROVEMENT
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
[1]
[2]
(g)
(h)
OWNER
PERMIT YEAR
PERSON
The following
words and phrases, as used in this article, shall have the meanings
ascribed to them in this section, unless the context indicates a different
meaning:
The Borough of South Waverly.
The Code Enforcement Officer of the Borough of South Waverly.
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 in pursuit of full-time independent business for compensation
undertakes to perform a job or piece of work, retaining in himself/herself
control of means, method and manner of accomplishing the desired result
and who undertakes or offers to perform any of the following services:
backhoe operation, bulldozing, building additions, construction of
any structure, including decks, porches, garages and out buildings,
concrete installation, demolition, drainage, driveways, drywall, electrician
work, excavation, fencing, fertilizer, foundation work, gutters, heating
and air conditioning, hauling and removal for building renovation,
kitchen and bath installation, mason, brick and stone installation,
landscaping and professional lawn care, painting, paper hanging, patios,
paving, plumbing, professional cleaning services interior and exterior,
power washing, remodel, repair, replacement of windows and doors,
roadways, roofing, septic systems, sewer installation, sidewalks,
siding, sign installation, site preparation, snow removal utilizing
an attached plow to a motorized vehicle (excluding small sidewalk
tractors and riding lawn mowers), swimming pools, topsoil, tree removal,
tree trimming, utilities, waterproofing, well drilling; whether as
a general contractor, subcontractor, specialty contractor or home
improvement contractor with respect to the owner.
The term includes all of the following done in connection with
land or a portion of the land adjacent to a private residence or a
building or a portion of the building which is used or designed to
be used as a private residence for which the total cash price of all
work agreed upon between the contractor and owner is more than $500.
Repair, replacement, remodeling, demolition, removal, renovation,
installation, alteration, conversion, modernization, improvement,
rehabilitation or sandblasting.
Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under Subsection (2)(f) of this definition, painting, doors and windows and waterproofing.
Without regard to affixation, the installation of central heating,
air conditioning, storm windows or awnings.
The term does not include:
The construction of a new home.
The sale of goods or materials by a seller who neither arranges
to nor performs, directly or indirectly, any work or labor in connection
with the installation or application of the goods or materials.
The sale of services furnished for commercial or business use
or for resale, if the service takes place somewhere other than at
a private residence.
The sale of appliances, including stoves, refrigerators, freezers,
room air conditioners and others which are designed for and are easily
removable from the premises without material alteration.
Any work performed without compensation by the owner of the
owner's private residence or residential rental property.
Any work performed by a landscaper certified by the Department
of Agriculture under the Act of December 16, 1992 (P.L. 1228, No.
162), known as the Plant Pest Act,[1] except to the extent that the work involves any of the
following at a private residence:
The construction, replacement, installation or improvement of
buildings, driveways, swimming pools, porches, garages, roofs, siding,
insulation, solar energy systems, security systems, flooring, patios,
nondecorative fences, doors, lighting systems, concrete walkways and
windows.
The placement of retaining walls, fountains or drainage systems.
Emergency work pursuant to Section 7 of the Act of December
17, 1968 (P.L. 1224, No. 387), known as the "Unfair Trade Practices
and Consumer Protection Law."[2]
The conversion of existing commercial structures into residential
or noncommercial structures.
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.
The twelve-month period beginning the first day of January
of each year.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
B.
The masculine
includes the feminine, the singular includes the plural and the plural
includes the singular.
A.
The purpose
of this article is to require the registration of all contractors
in the Borough who perform commercial work or work that is not included
in the definition of home improvement as defined under the Home Improvement
Consumer Protection Act.[1] The article also provides verification of all contractors,
both commercial contractors and home improvement contractors, concerning
their workers' compensation insurance under § 302 (see
the Act of June 2, 1915, P.L. 736, No. 338)[2] and verification of the Borough liability insurance requirements
that was adopted in May 6, 1996, in accordance with the provisions
in the article.
B.
The article also requires the contractor registration of all contractors who perform work; however, it does not include home improvement contractors who perform work activity in the definition of the home improvement as set forth in the Home Improvement Consumer Protection Act. The home improvement contractor must provide state registration, verification of workers' compensation insurance, and compliance with the Borough's liability insurance. The term "home improvement" is defined as set forth in § 335-1 above.
The Code Enforcement Officer or his authorized representatives
shall administer and enforce the provisions of this article.
No person shall act as a contractor in the Borough except in
compliance with the provisions of this article. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provisions of this article, is in violation of this
article. The provisions of this article may not be waived by agreement.
The review board shall be the South Waverly Code Review Board
appointed by the South Waverly Borough Council which will hear all
appeals of the Code Enforcement Officer's decision to deny or
revoke a permit. All appeals shall be filed within 30 days of notice
of the denial or revocation. Said Appeals Board shall consist of three
members appointed by Council for initial terms of one year, two years,
and three years. Thereafter, each Board member shall, upon the approval
by Council, serve a term of five years. The Code Review Board fee
shall be $750 plus costs and may be amended from time to time by the
municipality for the administration and appeals undertaken pursuant
to this article and the Code shall be established by the governing
body by resolution.
A.
For purposes of this section, if the contractor is only performing
work as defined as a "home improvement" under the Home Improvement
Consumer Protection Act,[1] then they will provide all employees' and subcontractor's
information required of all contractors and pay an administration
fee for verification of workers' compensation insurance and proof
of Borough's liability insurance. Any home improvement contractor
who does not register as a contractor will not be allowed to perform
any contracting work that is not included in the "home improvement"
definition (i.e., commercial work).
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
B.
Each successful applicant shall be issued a permit or insurance verification
certification for the calendar year. Every permitted contractor, while
actually acting as a contractor in the Borough, shall carry said permit
or insurance verification certification or a copy of the same with
him and shall display it to the Code Enforcement Officer or his representatives
upon demand to do so.
C.
All contractors' permits or insurance verification certification
shall expire on December 31 each year unless the permit or insurance
verification certification is revoked or suspended prior thereto under
the terms of this article. Any contractor carrying on the business
of contractor in the Borough must secure a permit or insurance verification
certification under the terms of this article for each permit year
during which he carries on such business.
D.
Beginning on May 5, 1996, and every year thereafter, the Borough
of South Waverly will operate a permitting program. If the contractor's
permit or insurance verification certification expires, any requests
for a new permit or insurance verification certification will be considered
a new request and not a renewal.
E.
Any contractor or owner demolishing a structure will be required
to inform the Code Enforcement Officer as to how the material is going
to be disposed of, and the disposal must be in accordance with the
Department of Environmental Protection regulations.
A.
The provision of this article 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.
B.
No contractor's permit shall be required by 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.
(2)
This provision does not affect existing licensing standards in effect
on the effective date of this article, with respect to electricians
and plumbers and other trades, where licensing is conditioned on requirements
of testing or possession of certificates obtained through specific
training in electricity or plumbing or other trades. However, electricians
and plumbers and other trades must have insurance verification of
workers' compensation and the Borough's liability insurance.
A.
No contractor's permit shall be issued unless the applicant
files a certificate of insurance with the Borough at the time of permit
application. The certificate of insurance shall contain a provision
that coverages afforded under the policy will provide notice of cancellation
to the Borough within three business days of the cancellation. The
certificate of insurance must show evidence of policies of insurance,
maintained at the expense of the applicant, for comprehensive general
liability or manufacturer's and contractor's liability,
each of which must have a single occurrence and aggregate limit of
at least $500,000. The contractor is also required to maintain property
damage, bodily injury, products liability and completed operations
insurance, each of which must have a single occurrence and aggregate
limit of at least $500,000. 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 Code
Enforcement Officer at the time of application based on the nature
and extent of the applicant's proposed operations.
B.
All types and limits of insurance for which certificates are presented
at the time of application and based upon which a permit is issued
shall be maintained throughout the permit year, or the permit will
be suspended or revoked as hereinafter set forth in this article.
C.
Effective September 1, 1993, the Borough of South Waverly will no
longer issue a building permit to a contractor, subcontractor or resident
(i.e., plumber, electrician, mason, heating, ventilation/air-conditioning
repairman, etc.) who has not demonstrated current coverage and compliance
with the requirements of the Workers' Compensation Reform Act
44 of 1993 by filing with the Code Enforcement Officer one of the
following:
(1)
A certificate of insurance issued by his insurance carrier as proof
of workers' compensation insurance for his employees.
(2)
A certificate of self-insurance from the Department of Labor and
Industry.
(3)
A notarized affidavit of exemption from workers' compensation
insurance stating that he will not hire any employees to work on the
construction project.
(4)
Registration via company letterhead or billhead, including address
and phone number (post office box not acceptable), of his federal
or state identification number.
D.
Exemption for Borough resident not employing contractor.
(1)
Borough residents and/or homeowners, please note: If residents and/or
homeowners will be performing the work, they must file a notarized
affidavit of exemption from workers' compensation insurance stating
that they will not hire/employ any individual or subcontractor on
the construction project.
E.
Building permit information requirements. Under the Workers'
Compensation Act, every building permit issued by the Borough to a
contractor, subcontractor or resident shall clearly set forth one
of the following:
(1)
The name and workers' compensation policy and the contractor's
and/or subcontractor's federal or state employee identification
number.
(2)
The contractor's federal or state employer identification number
and the substance of the affirmation that the applicant is not permitted
to employ any individual to perform work pursuant to the building
permit.
(3)
The resident's and/or homeowner's notarized affirmation
that he will not employ any individual to perform work pursuant to
the building permit.
F.
These certificates shall be filed with the Borough's copy of
the building permit. Upon issuance of a building permit, the Borough
will be named as a workmen's compensation policy certificate
holder. The issuer of the policy, the worker's compensation insurance
carrier, must inform the municipality within three working days of
any change in or termination of coverage.
G.
If the Borough receives notice that the contractor or resident has
had coverage terminated, has lost state-approved self-insurance status
or has employed persons without providing coverage, the Borough must
and will, under the Workers' Compensation Act, issue a stop-work
order. The stop-work order may not be lifted until the contractor
and/or subcontractor obtains proper coverage.
A.
At the time of application for a new permit or for the renewal of
a current permit, the applicant shall pay to the Code Enforcement
Officer a nonrefundable permit application fee, payable to the Borough
of South Waverly, as set forth in the Borough Schedule of Fees as
adopted and amended from time to time by the South Waverly Borough
Council.
B.
All contractors who renew their permit annually prior to the commencement
of construction shall pay the annual permit fee as set forth in the
Borough Schedule of Fees adopted and amended from time to time by
the South Waverly Borough Council.
C.
All contractors who commence construction without a contractor's
permit or without renewing their contractor's permit shall pay,
in addition to the contractor's permit fee, a late registration
fee as set forth in the Borough Schedule of Fees adopted and amended
from time to time by the South Waverly Borough Council.
D.
All contractors or owners who commence construction or activity requiring
a building/zoning permit without obtaining a permit from the Code
Enforcement Officer shall pay a late fee as set forth in the Borough
Schedule of Fees adopted and amended from time to time by the South
Waverly Borough Council.
E.
If an applicant is a home improvement contractor only, they will
only pay an administration fee for insurance verification and receive
an insurance verification certification and shall be subject to no
other payment obligations under this section. The administration fee
shall be $50 and will be amended from time to time by the municipality
for the administration and enforcement undertaken pursuant to this
article and shall be established by the governing body by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
When an application has been filed with the Code Enforcement Officer
in proper form, the Code Enforcement Officer must, 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 permit
to the applicant. If issuance of a permit is denied, the Code Enforcement
Officer shall mail to the unsuccessful applicant a written statement
setting forth the reason or reasons for the denial within the aforesaid
thirty-day period and a refund of the application fee. The rejected
applicant shall be entitled to request a hearing from the South Waverly
Code Appeals Board of the Borough Council within 30 days to appeal
the Code Enforcement Officer's decision. The same procedure will
apply to a home improvement contractor who is denied a verification
of their insurance because they did not have workers' compensation
insurance if required or did not have the Borough-required $500,000
liability insurance.
B.
The application for a permit shall be a printed form, provided to
the applicant by the Code 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 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:
(1)
The names of owners, partners, directors and officers of the applicant and the business address and trade names of the applicant. "Solicitors" as defined in South Waverly Borough Chapter 398, Peddling and Soliciting, as solicitors or transient merchants and/or commercial solicitors.
(2)
Procedures for registration as a contractor. Application:
(a)
A person shall apply to the Code Enforcement Officer in writing
or electronically via a secure Internet connection, if permitted by
the Code Enforcement Officer, on a form provided by the Code Enforcement
Officer. The application shall include the following information:
[1]
For an individual applicant, all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and home telephone number.
[d]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Code Enforcement Officer.
[e]
Business name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Copy of home improvement application and license.
[h]
Social security number.
[i]
All prior business names and addresses of home
improvement businesses operated by the individual.
[2]
For a general partnership applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of each partner.
[c]
Home address and home telephone number of each
partner.
[d]
Driver's license number or a copy of an identification
card issued by the state in which the partner resides, of each partner.
[e]
Partnership name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social security number of each partner.
[h]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[3]
For a corporation, limited liability company or limited partnership,
all of the following:
[a]
Name of each officer, manager and general partner.
[b]
Date of birth of each officer, manager and general
partner.
[c]
Home address and home telephone number of each
officer, manager and general partner.
[d]
Driver's license number or a copy of an identification
card issued by the state in which the individual resides, of each
officer, manager and general partner.
[e]
Entity's name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social security number of each officer, manager
and general partner.
[h]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[i]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[4]
For an out-of-state corporation, limited liability or limited
partnership, the name and address of the entity's resident agent
or registered office provider within this commonwealth and any registration
number or license number issued to the entity by its home state or
political subdivision of such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(3) shall also be provided.
[6]
A complete description of the nature of the contracting business
of the applicant.
[7]
A statement whether:
[a]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[b]
The applicant's certificate or a similar certificate
or license issued by any other state or political subdivision thereof
has ever been revoked or suspended pursuant to an order issued by
a court of competent jurisdiction and, if so, the current status of
the certificate or similar certificate or license. The statement required
by this clause shall include the same information with respect to
any other business in which the person making application has or has
ever had an interest.
[8]
Whether within the last 10 years the applicant has ever been
suspended or debarred from participating in any federal, state, local
or not-for-profit program through which public funding or other assistance
is provided to owners for home improvements.
[9]
Proof of liability insurance covering personal injury in an
amount not less than $500,000 and insurance covering property damage
caused by the work of a home improvement contractor or commercial
contractor in an amount not less than $500,000. For the purpose of
this subsection, proof of insurance may include information attested
to by an applicant that the applicant is self-insured, and the Office
of Code Enforcement shall develop forms for this purpose and make
them available to applicants. The Code Enforcement Officer may determine
the sufficiency of the self-insurance and the manner in which it is
maintained in compliance with this article.
(b)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Code Enforcement Officer requests such information.
(3)
For insurance verification purposes, all contractors shall be required
to provide a list of employees and subcontractors to the Code Enforcement
Officer for each project that a permit is issued for. Each employee
or subcontractor shall be required to possess employer information
which shall include name, address, and telephone number of their employer.
Each employee or subcontractor shall also be required to have in their
possession a valid driver's license or identification card that
shall include the employee or subcontractor's name and address.
Home improvement contractors will have to provide their current home
improvement contract registration number.
Every contractor permittee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Code Enforcement Officer of such change.
No permit 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.
The application for a permit shall be a printed form, provided to
the applicant by the Code 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 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:
(1)
The names of owners, partners, directors, officers, and solicitors of the applicant and the business address and trade names of the applicant. NOTE: "Solicitors" are defined under Chapter 398, Peddling and Soliciting.
(2)
Procedures for registration as a contractor. Application:
(a)
A person shall apply to the Code Enforcement Officer in writing
or electronically via a secure Internet connection, if permitted by
the Code Enforcement Officer, on a form provided by the Office of
Code Enforcement. The application shall include the following information:
[1]
For an individual applicant, all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and home telephone number.
[d]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Office of Code Enforcement.
[e]
Business name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social security number.
[h]
All prior business names and addresses of home
improvement businesses operated by the individual.
[2]
For a general partnership applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of each partner.
[c]
Home address and home telephone number of each
partner.
[d]
Driver's license number, or a copy of an identification
card issued by the state in which the partner resides, of each partner.
[e]
Partnership name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social security number of each partner.
[h]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[3]
For a corporation, limited liability company or limited partnership,
all of the following:
[a]
Name of each officer, manager and general partner.
[b]
Date of birth of each officer, manager and general
partner.
[c]
Home address and home telephone number of each
officer, manager and general partner.
[d]
Driver's license number, or a copy of an identification
card issued by the state in which the individual resides, of each
officer, manager and general partner.
[e]
Entity's name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social security number of each officer, manager
and general partner.
[h]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[i]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[4]
For an out-of-state corporation, limited liability or limited
partnership, the name and address of the entity's resident agent
or registered office provider within this commonwealth and any registration
number or license number issued to the entity by its home state or
political subdivision of such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(2) shall also be provided.
[6]
A complete description of the nature of the contracting business
of the applicant.
[7]
A statement whether:
[a]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[b]
The applicant's certificate or a similar certificate
or license issued by any other state or political subdivision thereof
has ever been revoked or suspended pursuant to an order issued by
a court of competent jurisdiction and, if so, the current status of
the certificate or similar certificate or license. The statement required
by this clause shall include the same information with respect to
any other business in which the person making application has or has
ever had an interest.
[8]
Whether within the last 10 years the applicant has ever been
suspended or debarred from participating in any federal, state, local
or not-for-profit program through which public funding or other assistance
is provided to owners for home improvements.
[9]
Proof of liability insurance covering personal injury in an
amount not less than $500,000 and insurance covering property damage
caused by the work of a home improvement contractor or a commercial
contractor in an amount not less than $500,000. For the purpose of
this subsection, proof of insurance may include information attested
to by an applicant that the applicant is self-insured and the Office
of Code Enforcement shall develop forms for this purpose and make
them available to applicants. The Office of Code Enforcement may determine
the sufficiency of the self-insurance and the manner in which it is
maintained in compliance with this article.
(3)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Office of Code Enforcement requests such information.
C.
The applicant fails to comply with the following section: For insurance
verification purposes, all contractors shall be required to provide
a list of employees and subcontractors to the Code Enforcement Officer
for each project that a permit is issued for. Each employee or subcontractor
shall be required to possess employer information which shall include
name, address, and telephone number of their employer. Each employee
or subcontractor shall also be required to have in their possession
a valid driver's license or identification card that shall include
name and address of the employee or subcontractor.
A.
The Code Enforcement Officer shall revoke any permit or verification
of insurance certification issued under the provisions of this article
under the following circumstances. The applicant who has his permit
revoked shall be entitled to request a hearing from the South Waverly
Code Review Board within 30 days to appeal the Code Enforcement Officer's
revocation or denial.
(1)
If the permittee falsely answered any question or questions contained
on an application for licensing or renewal of licensing previously
submitted to the Code Enforcement Officer.
(2)
Failure of the permittee to maintain, during the permit year, the
policies of insurance required under the provisions of this article.
(3)
If the permittee violates any of the terms or provisions of Chapter 215, Construction Codes, Uniform, or any terms or provisions of this article.
(4)
If the permittee violates any condition or requirement of a building
permit, sewer construction permit or highway permit issued by the
Borough.
(5)
If the permittee willfully deviates from or disregards any plans
or specifications for any contracting job in any substantial respect
without first obtaining the consent of the owner, in writing, to any
such change and without first notifying the Code Enforcement Officer
of any such change or the third-party Building Inspector retained
by the Borough.
(6)
If the permittee does any business through any person who is subject
to the licensing requirements of this article and who is not licensed
as required by this article.
(7)
If the permittee conducts a contractor's business in the Borough
under any name other than that under which he is licensed.
(8)
If the permittee fails to comply with an order, demand or requirement
lawfully made by the Code Enforcement Officer and/or the third-party
Building Inspector retained by the Borough under the authority of
this article or any other Borough ordinance.
(9)
The permittee fails to comply with the following section: For insurance
verification purposes, all contractors shall be required to provide
a list of employees and subcontractors to the Code Enforcement Officer
for each project that a permit is issued for. Each employee or subcontractor
shall be required to possess employer information which shall include
name, address, and telephone number of their employer. Each employee
or subcontractor shall also be required to have in their possession
a valid driver's license or identification permit that shall
include name and address of the employee or subcontractor.
(10)
If the permittee fails to provide all of the registration information
or falsifies their registration information required under this article
[required under 73 P.S. § 517.3 (2013) and the registration
of solicitors as required under the Borough ordinance.]
(11)
If the permittee fails to comply with the Home Improvement Consumer
Protection Act, 73 P.S. § 517.3 (2013).
(12)
If the applicant fails to provide the following information
to the Code Enforcement Officer:
(a)
Application.
[1]
A person shall apply to the Office of Code Enforcement in writing
or electronically via a secure Internet connection, if permitted by
the Office of Code Enforcement, on a form provided by the Office of
Code Enforcement. The application shall include the following information:
[a]
For an individual applicant, all of the following:
[i]
Name.
[ii]
Date of birth.
[iii]
Home address and home telephone number.
[iv]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Office of Code Enforcement.
[v]
Business name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social security number.
[viii]
All prior business names and addresses of home
improvement businesses operated by the individual.
[b]
For a general partnership applicant, all of the
following:
[i]
Name of each partner.
[ii]
Date of birth of each partner.
[iii]
Home address and home telephone number of each
partner.
[iv]
Driver's license number, or a copy of an
identification card issued by the state in which the partner resides,
of each partner.
[v]
Partnership name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social security number of each partner.
[viii]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[c]
For a corporation, limited liability company or
limited partnership, all of the following:
[i]
Name of each officer, manager and general partner.
[ii]
Date of birth of each officer, manager and general
partner.
[iii]
Home address and home telephone number of each
officer, manager and general partner.
[iv]
Driver's license number, or a copy of an
identification card issued by the state in which the individual resides,
of each officer, manager and general partner.
[v]
Entity's name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social security number of each officer, manager
and general partner.
[viii]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[ix]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[d]
For an out-of-state corporation, limited liability
or limited partnership, the name and address of the entity's
resident agent or registered office provider within this commonwealth
and any registration number or license number issued to the entity
by its home state or political subdivision of such other state, if
applicable.
[e]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsections A(12)(a)[2] and A(12)(b) shall also be provided.
[f]
A complete description of the nature of the contracting
business of the applicant.
[g]
A statement whether:
[i]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[ii]
The applicant's certificate or a similar
certificate or license issued by any other state or political subdivision
thereof has ever been revoked or suspended pursuant to an order issued
by a court of competent jurisdiction and, if so, the current status
of the certificate or similar certificate or license. The statement
required by this clause shall include the same information with respect
to any other business in which the person making application has or
has ever had an interest.
[h]
Whether within the last 10 years the applicant
has ever been suspended or debarred from participating in any federal,
state, local or not-for-profit program through which public funding
or other assistance is provided to owners for home improvements.
[i]
Proof of liability insurance covering personal
injury in an amount not less than $500,000 and insurance covering
property damage caused by the work of a home improvement contractor
or a commercial contractor in an amount not less than $500,000. For
the purpose of this subsection, proof of insurance may include information
attested to by an applicant that the applicant is self-insured, and
the Office of Code Enforcement shall develop forms for this purpose
and make them available to applicants. The Office of Code Enforcement
may determine the sufficiency of the self-insurance and the manner
in which it is maintained in compliance with this article.
[2]
Information requested in Subsection A(12)(a)[1][a] through [e]
shall be for a ten-year period, prior to the time of registration.
The applicant shall provide information prior to the last 10 years
or, as further clarification of the information provided, if the Code
Enforcement Officer requests such information.
(b)
Reporting of multiple registrations or licensures. Any registered
contractor in this commonwealth who is registered or licensed as a
home improvement contractor in any other state, or political subdivision
thereof, shall report this information to the Office of Code Enforcement
on the initial registration and biennial registration application.
Any disciplinary action taken in such other jurisdiction shall be
reported to the Code Enforcement Officer on the initial registration
application or, if such action occurred subsequent to submission of
an initial application, on the biennial registration application or
within 90 days of final disposition, whichever is sooner. Multiple
registrations or licensures shall be noted by the office of Code Enforcement
on the contractor's registration, and such state, or political
subdivision thereof, shall be notified by the Code Enforcement Officer
of any disciplinary actions taken against such contractor in this
commonwealth.
B.
The Borough of South Waverly, by virtue of granting a permit to this
contractor, does not warrant or make any representation regarding
the quality of any of the workmanship performed by said contractor.
The Borough does not assume any liability for the quality of this
contractor's workmanship or lack thereof. The purpose of this
licensing requirement is to guarantee that the contractor has adequate
insurance and has not been convicted of any prior fraudulent activities.
Furthermore, the Borough will not be held liable for any failure on
its part to investigate any of the facts that may be falsely stated
in any application presented by any contractor receiving a permit
by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to refusal or revocation of a permit as provided
under this article, any person who violates or permits a violation
of this article shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Bradford County.
