[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont 12-30-2003 by Ord. No.
334 (Ch. 13, Part 4, of the 2010 Code of Ordinances).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Chalfont Contractor Licensing Ordinance."
The following words and phrases, as used in this chapter, 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.
The Borough of Chalfont.
The individual person or entity charged with the responsibility
of enforcement of the provisions of this chapter. In the event of
a vacancy in this position, the Borough Secretary shall have the authority
and duties of the Code Enforcement Officer, provided that, with approval
of the Borough Council, the Secretary may designate a person or other
entity to act as Code Enforcement Officer for purposes of this chapter.
An agreement for payment other than reimbursement of costs,
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 the owner or a bona fide employee
of the owner, who undertakes or offers to perform, in any case where
a permit is required under the Uniform Construction Code adopted by
the Borough of Chalfont, or any amendment or similar ordinance establishing
such a code or codes, construction, repair, reroofing, remodeling,
rehabilitation, alterations, installation, repairs or demolition,
including but not limited to paving, concrete work, signs, alarm systems,
plumbing, electrical work and any other residential or nonresidential
construction, repair, alteration or demolition in the Borough, whether
as a general contractor, specialty contractor or home improvement
contractor with respect to the owner. This definition shall not include
any person or entity exempted from licensing requirements pursuant
to the Home Improvement Consumer Protection Act of the Commonwealth
of Pennsylvania, Act 132 of 2008, 73 P.S. § 517.1 et seq.,
as determined by the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The twelve-month period beginning January 1 and ending the
following December 31.
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.
The Code Enforcement Officer or his authorized representatives
shall administer and enforce the provisions of 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 willfully aids a contractor in violating any provisions
of this chapter is in violation of this chapter. The provisions of
this chapter may not be waived by agreement.
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 other
provisions of state or local law.
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 each license year, or
prior to commencing business during a license year, make application
for license to act as a contractor in the Borough. Such application
shall be made by the completion of an application furnished by the
Code Enforcement Officer and the payment of a license fee as hereinafter
set forth in this chapter. Each application must contain information
as set forth hereafter 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 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 license shall be in the
form of a wallet-size card. Every licensed contractor, while actually
acting as a contractor in the Borough, shall carry on his person said
license card and shall display it to the Code Enforcement Officer,
or his representative, upon demand. All contractors' licenses
shall expire at midnight on the day immediately preceding the beginning
of each license year, unless the license is revoked or suspended prior
thereto under the terms of this chapter. A person with an unexpired
license which has not been revoked or suspended during the current
year who makes application for a license for the following license
year need not complete an application form but shall only submit the
required license fee and shall advise of any changes to the information
required and set forth on the original application. Any person carrying
on the business of a contractor in the Borough shall secure a license
under the terms of this chapter in each license year during which
the business is conducted in the Borough.
A.
The provisions of this chapter 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 license shall be required of 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)
A person who is required by state law to attain standards of competency
or experience, and who must obtain licensing under such state 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 law.
C.
The provisions of this chapter shall not apply to the owner or tenant
of a property who performs work on the owned or leased property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Code Enforcement Officer
at the time of license application. The certificate of insurance shall
contain a provision that coverages afforded under the policy shall
not be cancelled 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, bodily injury, property
damage, products liability, and completed operations, each of which
must have a single occurrence limit of at least $1,000,000. Blasting
and demolition insurance shall also be required if blasting and demolition
shall be performed, 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 operation.
All types and limits of insurance for which certificates are presented
at the time of application shall be maintained throughout the license
year.
A.
At the time of application for a new license or for the renewal of
a current license, the applicant shall deliver to the Code Enforcement
Officer a license fee, payable to the Borough, in the sum as set from
time to time by the Borough Council by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The fee imposed shall be payable per license year or any portion
thereof during which any application for license is received. There
shall not be a prorated reduced license fee.
A.
When an application has been filed with the Code Enforcement Officer
in proper form, the Code Enforcement Officer shall, 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 Code Enforcement
Officer shall mail to the applicant, by regular mail, postage prepaid,
addressed to the applicant at the address set forth on the application,
a written statement setting forth the reasons for the denial within
the aforesaid thirty-day period.
B.
The application for a license 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 the owners, partners, directors and officers of the
applicant, the business address and the trade name of the applicant.
(2)
A statement as to whether or not any municipality has refused to
issue or has revoked any similar contractor's license to the
applicant within two years previous to the date of the application.
In the event that there has been such a denial or revocation, the
applicant must explain, in writing, the reasons for such denial or
revocation.
Every contractor licensee shall, within 10 days of a change
in ownership, directors, officers, management, address or trade name,
notify the Code Enforcement Officer of such change.
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 contractor's license or
has had a contractor's license revoked or suspended by this or
any other municipality within two years prior to the date of application
for issuance or renewal, and if the refusal, revocation or suspension
by this or any other municipality was due to a willful failure to
comply with the municipality's building, plumbing, electrical,
mechanical, fire, zoning or housing code or any other code pertaining
to construction, alteration or repair of a building or structure.
The Code Enforcement Officer shall revoke any license issued
under the provisions of this chapter under the following circumstances:
A.
If the licensee falsely answered any question or questions contained
on the application for licensing or renewal of licensing previously
submitted to the Code Enforcement Officer.
B.
If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this chapter.
C.
If the licensee willfully violates any of the terms or provisions
of any Borough of Chalfont building, plumbing, electrical, mechanical,
fire, zoning or housing code or any other code pertaining to construction,
alteration and repair of structures or buildings or any terms or provisions
of this chapter.
D.
If the licensee willfully violates any condition or requirement of
any permit issued by the Borough, including building, sewer construction
or highway permits.
E.
If the licensee conducts a contractor's business in the Borough
under any name other than that which is licensed.
F.
If the licensee fails to comply with an order, demand or requirement
lawfully made by the Code Enforcement Officer under the authority
of this chapter or any other Borough ordinance, law or regulation.
G.
If the licensee begins work for which a building, plumbing, electrical
or mechanical permit is required without the permit having been properly
issued by the Borough's Building Code Official.
H.
For licensees holding a similar license issued by another municipality,
if such license has been revoked by the issuing municipality.
In addition to all other acts prohibited by the terms of this
chapter, those acts warranting revocation of a license under this
chapter shall also be prohibited acts under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to refusal or revocation of a license as provided
under this chapter, any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorney's fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
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 chapter in equity in the Court of Common Pleas of Bucks County.
This chapter shall not be construed as superseding or waiving
the requirements of any other ordinance or regulation of the Borough
requiring the issuance of permits to plumbers, electricians and other
contractors, which permit is required as a condition to perform work
within the Borough.
