[Ord. 525, passed 4-10-1989]
Council finds it to be in the best interest of the residents
of the Borough that persons or firms who or which 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 the Borough.
[Ord. 525, passed 4-10-1989]
No person or firm shall engage in or transact any construction,
building repairs, remodeling, rehabilitation or demolition business,
or hold himself, herself or itself out to the public as doing such
business, or solicit such business, in the Borough, except in compliance
with the applicable provisions of this chapter. No person or firm
shall engage in this Borough in any trade, practice or other act prohibited
by any provision of this chapter, and any person or firm who willfully
participates in a prohibited act or violation is subject to the criminal
penalty therefor. The provisions of this chapter may not be waived
by agreement.
[Ord. 525, passed 4-10-1989]
(A)
A license issued pursuant to this chapter may not be construed to
authorize the licensee to perform any particular type of work or kind
of business which is reserved to qualified licensees under other provisions
of state or local law, nor shall any license or authority, other than
as issued pursuant to this chapter, authorize engagement in a construction,
building repair, remodeling, rehabilitation, demolition or home improvement
business in the Borough.
(B)
This chapter shall not apply to the official transactions of an authorized
representative of the United States of America or any instrumentality
thereof, or any state, the District of Columbia, or territory of the
United States, any city or county thereof, or any instrumentality
of a state or political subdivision thereof.
[Ord. 525, passed 4-10-1989]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of work, and includes all labor services and materials to be furnished
and performed thereunder.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to work, whether or not such person is licensed
or subject to the licensing requirements of this chapter and whether
or not such person is a prime contractor or subcontractor with respect
to the owner.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, subcontractor, specialty
contractor or home improvement contractor; or the person entitled
to the work of such pursuant to a contract.
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman or other legal entity.
[Ord. 525, passed 4-10-1989]
Except as otherwise specifically exempted by the provisions
of this chapter, no person shall act in the capacity of general contractor,
subcontractor, specialty contractor or home improvement contractor
unless authorized to do so by a subsisting license issued in accordance
with the provisions of this chapter.
[Ord. 525, passed 4-10-1989; Ord. 647, passed 4-3-2000]
(A)
(1)
It is the duty of the Code Enforcement Officer to administer
and provide for the enforcement of all the provisions of this chapter
and specifically to issue licenses to all applicants who shall be
duly qualified under and who comply with the provisions, of this chapter,
and to refuse licenses to or suspend or revoke licenses issued to
persons who do not so qualify or so comply.
(2)
The position of Code Enforcement Officer is designated as a
major untenured policy-making or advisory position for purposes of
unemployment compensation under state law.
(3)
The Code Enforcement Officer is authorized to issue licenses
upon proper application therefor, after a certificate of insurance
has been furnished, as required by § 1410.09(B), and after
the license fee has been paid.
(B)
A certificate of insurance acceptable to the Code Enforcement Officer
shall be filed with the Borough prior to the issuance of a license.
These certificates shall contain a provision that coverages afforded
under the policy will not be cancelled until at least 15 days'
prior written notice has been given to the Borough.
[Ord. 525, passed 4-10-1989; Ord. 532, passed 3-12-1990]
No license shall be issued or become effective until the builders,
developers and contractors, swimming pool and sign contractors, subcontractors,
special contractors, home remodeling contractors, paving contractors,
decorators and all others listed in § 1410.01 pay a fee
as set forth in § 208.06(D) of the Administration Code,
to the Borough.
[Ord. 525, passed 4-10-1989]
No contractor's license shall be required of any person
when acting in the particular capacity or particular type of transaction
set forth in this section:
(A)
An individual who performs labor or services for a contractor for
wages or salary;
(B)
Any person who is required by state or local law to attain standards
of competency or experience as a prerequisite to engaging in a craft
or profession, and who is acting exclusively within the scope of the
craft or profession for which he or she is currently licensed pursuant
to such other law; or
(C)
Any person who does any work in a single- or two-family dwelling
used exclusively for living purposes, including the usual accessory
buildings and quarters in connection with such dwelling if the same
will be occupied by such owner and if such owner shall personally
purchase all materials and perform or supervise all labor in connection
therewith.
[Ord. 525, passed 4-10-1989]
(A)
(1)
When an application has been filed with the Borough in proper
form, the Code Enforcement Officer must, within 30 days from the date
the application is received, issue or refuse the appropriate contractor's
licenses to the applicant.
(2)
If an application for a license is refused, the applicant shall
be sent a written statement setting forth the reason for the refusal.
(B)
(1)
An applicant for any license required by the provisions of this
chapter shall file a written application which shall be signed and
under oath. The application which shall require the names of owners,
partners, directors and officers of any applicant, and the business
addresses and trade names of the applicant, together with a certificate
of insurance written for not less than any limits or coverage specified
under this chapter. The contractor shall take out and maintain, at
his or her expense during the life of this license, such public liability,
property damage, products liability and completed operations insurance
in single limits of $50,000.
(2)
Blasting and demolition insurance limits shall be determined
at the time of any application for a permit.
(C)
Every contractor licensee shall, within 10 days after a change in
control of ownership, or of management, or of a change of address
or trade name, notify the Code Enforcement Officer of such change.
(D)
Licenses of all contractors shall expire on December 31 of each year
following the date of issue unless prior thereto the license is revoked
or suspended. Upon payment of the annual license fee, as prescribed
by § 1410.07, prior to the expiration date, a license shall
be renewed for another year, and the authority to do business shall
continue.
[Ord. 525, passed 4-10-1989]
For the protection of the people of this Borough, no license
shall be issued, or if already issued, no license shall be continued,
where:
[Ord. 525, passed 4-10-1989]
(A)
The Code Enforcement Officer shall have the power to refuse, suspend
or revoke any license issued under the provisions of this chapter
where:
(1)
The Code Enforcement Officer finds that the licensee has violated
any provisions of this chapter, or is performing or attempting to
perform any act prohibited by this chapter, or violates the Borough
Building, Mechanical, Plumbing, Electrical or Fire Code; and
(2)
Any condition of a permit is violated.
(B)
Any violation of any of the provisions of this chapter upon the part
of any director, manager, partner, officer, salesperson, agent or
employer of a contractor shall be cause for suspension or revocation
of the license of the contractor unless it shall appear to the satisfaction
of the Code Enforcement Officer that the individual engaged in the
management of the contractor:
[Ord. 525, passed 4-10-1989]
(A)
The following acts are prohibited:
(1)
Abandonment or willful failure to perform, without justification,
any contract or project engaged in or undertaken by a contractor or
willful deviation from or disregard of plans or specifications in
any material respect without obtaining the consent of the owner in
writing, provided the Code Enforcement Officer has received notification
of such changes;
(2)
Making substantial misrepresentation in the procurement of a
contractor, or making any false promise of character likely to influence,
persuade or induce;
(3)
Any fraud in the execution of, or in the material alteration
of, any contract, mortgage, promissory note or other document incident
to a contractual transaction;
(4)
Preparing or accepting any mortgage, promissory note or other
evidence of indebtedness upon the obligation of a contractual transaction
with knowledge that it recited a greater monetary obligation than
the consideration for the work to be performed, which consideration
may be a time sale price;
(5)
Directly or indirectly publishing any advertisement relating
to work or services which contains an assertion or representation,
or is a statement of fact, which is false, deceptive or misleading,
provided that any advertisement which is subject to and complies with
the then existing rules, regulations or guidelines of the Federal
Trade Commission shall not be deemed false, deceptive or misleading;
or by any means advertising or purporting to offer the general public
any work or service with the intent not to accept contracts for the
particular work or at the price which is advertised or offered to
the public;
(6)
Willful or deliberate disregard and violation of the building
laws of the state or of the Borough or of the safety, labor or worker's
compensation insurance laws of the state;
(7)
Doing any business with or through any person who is subject
to the licensing requirements of this chapter with the knowledge that
such person is not licensed as required;
(8)
Misrepresentation of a material fact by an applicant in obtaining
a license;
(9)
Willful failure to notify the Code Enforcement Officer of any
change of control in ownership, management or business name or location;
(10)
Conducting a business in any name other than the one in which
the contractor or salesperson is licensed; and
(11)
Willful failure to comply with any order, demand, or requirements
lawfully made by the Code Enforcement Officer under and within the
authority of this chapter.
(B)
Violations of any of the prohibitions of this section:
[Ord. 525, passed 4-10-1989]
(A)
No person shall knowingly and willfully engage in building construction,
repairs, remodeling, rehabilitation or demolition without obtaining
a license as required by this chapter, unless such person is exempted
from such licensing requirements.
(B)
No person shall continue in business as a contractor after his or
her license has been revoked or when it is under suspension.
(C)
No person shall knowingly and willfully violate any provision of
this chapter.
(D)
Any such person shall, in addition to any administrative penalty
otherwise applicable thereto, upon conviction thereof by a court of
competent jurisdiction of the state, be subject to the penalty provided
in § 1410.99.
[Ord. 525, passed 4-10-1989]
Whoever violates or fails to comply with any of the provisions
of this chapter shall be fined the maximum allowed by law, and in
default of payment thereof, shall be imprisoned for not more than
30 days, for each offense. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.
