[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 9-12-1994 by Ord. No. 872 (Ch. 5, Part 3, of the 2006 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Folcroft Contractor Licensing Ordinance."
The Council finds it to be in the best interest of the residents of Folcroft Borough, Delaware County, Pennsylvania, that persons or firms who engage in construction, repairs, remodeling, rehabilitation, or demolition; and operating as general contractors, subcontractors, specialty contractors, or home improvement contractors 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 Folcroft.
As used in this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meaning indicated:
- 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 that a bona fide employee of the owner, who undertakes or offers to perform construction, 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.
- The Borough Engineer.
- The Building Inspector and/or the Code Enforcement Officer of the Borough.
- LICENSE YEAR
- The twelve-month period beginning on January 1 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.
The Inspector or his or her authorized representatives shall administer and enforce this chapter.
No person shall act as a contractor in the Borough except in compliance with the provisions of this chapter. Any person, including an owner, who wilfully aids a contractor or participates with a contractor in violating any provision of this chapter is also in violation of this chapter.
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 the other provisions of state or local law.
Every person desiring to engage in or hereafter to begin to engage in the business of acting as a contractor in the Borough shall, on or before January 1 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 form furnished by the Inspector and the payment of a license fee as hereinafter set forth in this chapter. Each application must contain information as set forth hereinafter in this chapter, and each applicant must present satisfactory proof of workers' compensation and general liability insurance as set forth herein in this chapter. 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, which 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 such license card with him or her and shall display it to the Inspector or his or her representatives upon demand. Every licensed contractor shall at all times display his or her bumper sticker license on the rear bumper of the vehicle he or she primarily uses in his or her activities as a contractor. 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 § 258-13. 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 updated insurance information and, if he or she qualifies for licensing and renewal under the terms of this chapter, his or her license shall be renewed for the following license year, and he or she will be issued a new license card and bumper sticker for the following license year. Any contractor carrying on the business of a contractor in the Borough must obtain a license under this chapter for each license year during which he or she carries on such business.
No contractor's license shall be required of:
A person who performs labor or services for a contractor for wages or salary.
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 is acting exclusively within the scope of such craft or profession for which he or she is currently licensed pursuant to such other law.
No contractor's license shall be issued unless the applicant files a certificate of worker's compensation and general liability insurance with the Inspector at the time of the 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. 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 single occurrence limit of at least $300,000. 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 or the engineer at the time of the 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, and upon the basis of which a licensed is issued, shall be maintained throughout the license year, or the license will be suspended or revoked as set forth in § 258-13. The Inspector must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.
[Amended 11-21-2006 by Ord. No. 990]
At the time of the application for a new license or for the renewal of a current license, the applicant shall pay to the Inspector a license application fee, payable to the Borough, in such amounts as established from time to time by resolution of Borough Council.
No fee or portion thereof shall be returned to any applicant.
When an application has been filed with the Inspector in proper form, the Inspector 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 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 thirty-day period.
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 or her application until he or she 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:
The names of owners, partners, directors and officers of the applicant, and the business address and trade names of the applicant.
A statement as to whether or not any municipality has refused to issue to the applicant or has revoked from the applicant any similar contractor's license within two years previous to the date of the application. If there has been such a denial or revocation, the applicant must explain in writing the reasons for the same.
Every contractor's licensee shall, within 10 days after a change in ownership, directors, officers, management, address or trade name, notify the Inspector of such change.
Any of the following circumstances is sufficient cause to deny the issuance of a license under this chapter, or a renewal thereof, or for revoking a license previously issued:
The applicant falsely answered any question contained on the application form.
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, if the refusal, revocation or suspension by the other municipality was due to failure to comply with that municipality's building codes.
The license fails to maintain, during the license year, the policies of insurance required under this chapter.
The licensee violates any of the provisions of the Building Code or any provision of this chapter.
The licensee violates any condition or requirement of a building permit, sewer construction permit or highway permit issued by the Borough.
The licensee willfully disregards any plans or specifications for a contracting job in a material respect without first obtaining the consent of the owner in writing to such change and without first notifying the Inspector of such change.
The licensee does business through a person who is subject to the licensing requirements of this chapter but who is licensed as required by this chapter.
The licensee conducts a contractor's business in the Borough under a name other than that under which he or she is licensed.
The licensee fails to comply with an order, demand or requirements lawfully made by the Inspector under the authority of this chapter or any other Borough ordinance.
[Amended 11-21-2006 by Ord. No. 990]
In addition to the refusal or revocation of a license, as provided in § 258-13, whoever violates or fails to comply with any of the provisions of this chapter, upon conviction thereof, 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 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. The penalty imposed under this section shall be in addition to any other penalty imposed under this chapter.