[HISTORY: Adopted by the Borough Council of the Borough of Larksville 7-11-1979 by Ord. No. 2-1979 (Ch. 77 of the 1987 Code). Amendments noted where applicable.]
Registration of contractors. From the effective date of this chapter, no contractor shall begin any work in, upon or about any commercial, business and/or other nonresidential property for which a permit is required by the building, plumbing, electrical or mechanical code ordinances of the municipality without first registering with the Office of Code Enforcement of the municipality.
[Amended 2-16-2010 by Ord. No. 1-2010]
Owners excepted. This chapter shall not apply to any person who begins any work for which a permit is required by the building, plumbing, electrical or mechanical code ordinances of the municipality within or about any building or structure that is exclusively owned and operated by himself, provided that said owner and operator shall be physically engaged in the execution of such work.
Terms not defined. When terms are not defined, they shall have their ordinary accepted meanings or such as the context may imply.
Terms defined. As used this chapter, the following terms shall have the meanings indicated:
- APPLICABLE CODES AND ORDINANCES
- The building, plumbing, electrical and/or mechanical code ordinances of the municipality.
- CERTIFICATE OF REGISTRATION
- That document or card issued by the Code Enforcement Officer which indicates that a contractor has complied with the requirements of this chapter.
- CODE ENFORCEMENT OFFICER
- That person, persons or organization duly authorized by the municipality to administer and enforce applicable codes and ordinances of the municipality.
- Any person, whether a general contractor, independent contractor,
or subcontractor, who shall, whether for profit or not for profit,
construct, alter, repair, move or demolish any commercial, business
and/or other nonresidential property or structure or install, alter
or repair any equipment which is regulated by the applicable building,
plumbing, electrical or mechanical codes or ordinances of the municipality.[Amended 2-8-1989 by Ord. No. 1-1989; 2-16-2010 by Ord. No. 1-2010]
- The Borough of Larksville, Luzerne County, Pennsylvania.
- OFFICE OF CODE ENFORCEMENT
- Any such office designated as the official Code Enforcement Office of the Borough by the Borough Council.
- An official document issued by the Code Enforcement Officer authorizing performance of a specific activity which is regulated by applicable codes or ordinances of the municipality.
- Any individual, partnership, firm or corporation.
Who shall apply. Prior to engaging in any work for which a permit is required by other applicable codes and ordinances, a contractor shall file an application for registration with the Office of Code Enforcement of the municipality. Partnerships, firms or corporations may register per se, but they shall submit the name of the responsible officer or employee who shall act as their agent for the purpose of registration.
Form of application. The application for registration shall be submitted in such form as the Office of Code Enforcement may prescribe and shall be accompanied by the required fee prescribed in § 176-3D and the required bond prescribed in § 176-3E. All information submitted on the application shall be true and correct, and it shall be the responsibility of the applicant to advise the Office of Code Enforcement of any events or occurrences which would render any portion(s) of the application obsolete.
Terms of registration. A certificate of registration shall be valid for a period of one calendar year, commencing on January 1 through December 31, or part thereof.
[Amended 4-27-1988 by Ord. No. 2-1988; 2-8-1989 by Ord. No. 1-1989; 12-16-2003 by Ord. No. 6-2003; 8-17-2004 by Ord. No. 7-2004]
Fees. The fees for registration are as follows:
[Amended 4-27-1988 by Ord. No. 2-1988; 12-11-1991 by Ord. No. 9-1991; 2-16-1999 by Ord. No. 1-1999; 8-17-2004 by Ord. No. 7-2004]
Bond. The application shall be accompanied by a bond in the sum of $1,000 with good and sufficient sureties, to be approved by the Office of Code Enforcement of the municipality, conditioned, among other things, that said applicant for registration will indemnify and save harmless the municipality and its officials, servants and employees of and from any and all damages caused by any negligence in protecting his work or by any unfaithful, imperfect or inadequate work done by virtue of his registration and that he will also replace and restore the street pavement, driveway, patio or sidewalk over any openings he may have made to as good a state and condition as it was found in and to maintain the same in good order for a period of six months thereafter. The Borough will not warrant or guarantee the work of any contractor.
Compliance with applicable codes and ordinances. The certificate of registration shall be permission to engage in work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter or any other applicable codes and ordinances.
Action on application. Upon receipt of an application for a certificate of registration, the Code Enforcement Officer shall issue the same or inform the applicant in writing of any reasons for denial within 15 working days.
Official record. The Code Enforcement Officer shall keep an official record of certificates of registration issued, fees collected and applications and bonds filed. He shall make written reports to Borough Council as often as it shall request, but in any event not less than once in any calendar year.
Denial of additional permits. The Code Enforcement Officer shall maintain a record of violation notices issued to registered contractors for the purpose of abating violations, which the contractor has caused, of applicable codes and ordinances. This record shall also indicate whether corrective action has been taken by the contractor. The Code Enforcement Officer shall, upon receipt of an application for a permit required by applicable codes and ordinances, determine if the applying contractor is in receipt of any violation notice which has not been satisfied by corrective action. The Code Enforcement Officer shall deny permits for any new work until such notices have been satisfied.
Before initiating any work for which a permit is required by applicable codes and ordinances, it shall be the duty of the contractor to determine whether such permits have been issued by the Code Enforcement Officer. Work shall not begin until the required permits have been secured. In work of an emergency nature, permits shall be secured at the earliest possible opportunity. Any registered contractor who shall engage in work for which a permit is required by applicable codes and ordinances shall, if such permit has not been issued, be subject to immediate suspension of his registration for a period of one month for the first offense, three months for the second offense and six months for each additional offense, in addition to the penalties prescribed in § 176-6B. Suspension shall be cumulative.
Procedure in case of violations. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall serve written notice of the alleged violation to the responsible party personally or by registered or certified mail with a return receipt requested or by any other method authorized by the laws of the Commonwealth of Pennsylvania. Said notice shall contain the reason for issuance, the section of the chapter that has been violated and remedial action required. Said notice shall allow a reasonable amount of time not to exceed 30 days from the correction of the violation alleged and shall also advise the responsible party of his right to appeal the decision of the Code Enforcement Officer to the Code Hearing Board.
Penalties. Any person who violates a provision or fails to comply with the requirements of this chapter or who fails to correct a violation as ordered by the Code Enforcement Officer shall be subject, for each violation, to a fine of not less than $100 nor more than $300 and costs of prosecution and, in default of payment of such fines and costs, to imprisonment not exceeding 30 days. Each day's failure to comply with any such provision of requirement or any order shall constitute a separate offense.
Who may appeal. Any person(s) aggrieved by a decision of the Code Enforcement Officer may appeal to the Code Hearing Board. The petition for an appeal shall be in writing and must be submitted within 15 days of said decision to the Code Enforcement Officer.
Code Hearing Board. The Code Hearing Board of the municipality shall be Borough Council, which shall hear all appeals petitioned in accordance with the terms of this chapter. The Board shall meet within 30 days of the receipt of a petition for an appeal. Decisions of the Board shall be rendered in writing and made available to all interested parties.
Revocation of registration. The Code Hearing Board shall, upon the petition of the Code Enforcement Officer or of two citizens of the municipality, each of whom has had work done under separate contract by a particular contractor, revoke the registration of any contractor registered under the provisions of this chapter, for good cause shown. The Board shall convene within 30 days of receipt of a petition to revoke a certificate of registration and shall render a decision in writing within five days of its hearing.