[Ord. 1733, 4/12/1993]
This Part shall be known and may be cited as the "Pottstown
Borough Contractor Licensing Ordinance."
[Ord. 1733, 4/12/1993]
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 includes
the singular.
CONTRACT
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.
CONTRACTOR
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, alterations, repairs,
site improvements, sign installation, and any other residential or
nonresidential construction, or demolition or blasting work, in the
Borough, whether as a general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the owner.
DIRECTOR
The director of the Office of Code Enforcement of the Borough
of Pottstown.
LICENSE YEAR
The twelve-month period beginning the first day of January
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.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
[Ord. 1733, 4/12/1993]
The Director, or his authorized representatives, shall administer
and enforce the provisions of this Part.
[Ord. 1733, 4/12/1993]
No person shall act as a contractor in the Borough except in
compliance with the provisions of this Part. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provisions of this Part is in violation of this Part.
The provisions of this Part may not be waived by agreement.
[Ord. 1733, 4/12/1993]
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. 1733, 4/12/1993; as amended by Ord. 1750, 10/11/1993]
1. For the license year beginning January 1, 1993, and each license
year thereafter, it shall be unlawful for any person, firm or corporation
to engage in the business of constructing, altering, repairing, roofing,
remodeling, siding, demolishing or moving the whole or any part of
a building or structure; or to install, resurface or improve driveways
or sidewalks; or to engage in the construction or installation of
swimming pools, satellite receiving antennas, tennis courts, fences,
garages, carports or storage sheds; or to engage in installation or
replacement of heating/ventilating/air conditioning or sprinkler systems,
tanks and gasoline pumps; or to engage in site improvement, including
grading, paving, curbing or stormwater drainage installation; or to
engage in the business or erecting or altering signs, without first
obtaining a license therefor, as required by this Part.
2. Such license shall be secured by the filing of an application, prepared
and furnished by the Director, and the payment of a license fee as
hereinafter set forth in this Part.
3. Each application shall be signed by the applicant, if a natural person,
and in the case of an association, firm, partnership or corporation,
by a member, officer or agent of said association, firm, partnership
or corporation. For each association, firm, partnership or corporation,
any license will be issued in the name of the association, firm, partnership
or corporation, and the individual officer or agent of the association,
firm, partnership or corporation who applies for the license shall
be the custodian of the license. If the individual custodian of the
license ceases to be an associate, member or agent of the association,
firm, partnership or corporation, the association, firm, partnership
or corporation shall promptly inform the Borough of the name, title,
position and address of the new custodian of the license.
4. Each successful application shall be issued a license, which shall
be in the form of a wallet-sized card and in the form of a vehicle
bumper sticker. Each licensed contractor shall carry the license card
on their person and, upon demand, shall display the license card to
the Director or his representatives. Each licensed contractor shall,
at all times, display the bumper sticker license on the rear bumper
of the vehicle used in activities as a contractor.
5. All contractor's licenses shall expire at 12:00 midnight on
December 31 of each license year, unless the license is revoked or
suspended prior thereto under the terms of this Part. A person with
an unexpired license, 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 submit the required license fee, and, if the person qualifies
for licensing and renewal under the terms of this Part, the license
shall be renewed for the following license year and a new license
card and bumper sticker will be issued for the current licensing year.
6. Any person carrying on the business of contracting in the Borough
of Pottstown must secure a license under the terms of this Part for
each license year during which he carries on such business.
[Ord. 1733, 4/12/1993]
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Director at the time of
license application. The certificate of insurance shall contain a
provision that coverages 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 Pottstown. The certificate of insurance
must evidence policies of insurance, maintained at the expense of
the applicant, for public liability, property damage, products liability
and completed operations, each of which must have a single occurrence
limit of at least $300,000 for all contractors. Blasting and demolition
insurance shall also be required for blasting and demolition contractors;
blasting and demolition insurance coverage must be in the amount of
$1,500,000, and must name the Borough of Pottstown as an additional
insured for the time period involved for the blasting or demolition
permit. 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 set forth in this
Part. The Director must approve the responsibility of a new insurance
carrier prior to a change in a carrier during a license year.
[Ord. 1733, 4/12/1993]
At the time of application for a new license or for the renewal
of a current license, the applicant shall pay to the Director a license
application fee, all payable to the Borough of Pottstown, which fee
shall be set by resolution of the Pottstown Borough Council. No fee
or portion thereof shall be returned to a successful applicant. Except
as provided in § 506, Subsection 3, as to custodians of
licenses for organizations, no license shall be transferable.
[Ord. 1733, 4/12/1993]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Director of such change.
[Ord. 1733, 4/12/1993]
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.
[Ord. 1733, 4/12/1993]
In addition to refusal or revocation of a license as provided
under this Part, any person, as defined in this Part, or any officer,
agent, servant or employee thereof, who shall fail, neglect or refuse
to comply with any of the terms or provisions of this Part shall,
upon conviction thereof before a District Justice, be sentenced to
pay a fine or penalty not to exceed $1,000 and costs of prosecution
for each offense, to be collected as fines or penalties and costs
are now by law collectible. The fine or penalty imposed by this section
shall be in addition to any other penalty imposed by this Part.
[Added by Ord. 2063, 7/13/2009]
1. Purpose
and Intent. The purpose and intent of this section is to ensure that
contractors who perform home improvement contracts in the Borough
of Pottstown are registered with the Commonwealth of Pennsylvania
as required by state law and, therefore, maintain liability insurance
as required by the Commonwealth of Pennsylvania.
2. Definitions.
The terms "contractor" and "home improvement contract," as used in
this section, shall have the same definitions as those terms have
in the Pennsylvania Home Improvement Consumer Protection Act, Act
of October 17, 2008, P.L. 1645, No. 132, as amended.
3. Requirements
for Contractors Performing Home Improvement Contracts. All contractors
who seek to perform home improvement contracts in the Borough of Pottstown
shall, prior to receiving a building or other permit from the Code
Enforcement Office for any home improvement contract in the Borough,
provide proof to the Code Enforcement Office that said contractor
is registered with the Commonwealth of Pennsylvania, as required by
the Act of October 17, 2008, P.L. 1645, No. 132, as amended, known
as the "Home Improvement Consumer Protection Act." No contractor performing
a home improvement contract in the Borough of Pottstown shall be required
to register with the Borough, obtain a license from the Borough, or
pay a fee to the Borough to meet the requirements of this Part.
4. Violations and Penalties. Any person, firm or corporation violating Subsection
2 of this Part, upon conviction in a summary proceeding by a District Justice, shall be sentenced to pay a fine to the Borough of Pottstown of not less than $100 nor more than $1,000, plus costs of prosecution.