[HISTORY: Adopted by the Borough Council
of the Borough of Athens 7-10-2017 by Ord. No. 692, approved 7-10-2017(Ch. 49 of the 1977 Code). Amendments
noted where applicable.]
A.
BOROUGH
CODE ENFORCEMENT OFFICER
CONTRACT
CONTRACTOR
OWNER
PERMIT YEAR
PERSON
The following words and phrases,
as used in this chapter, shall have the meanings ascribed to them
in this section, unless the context indicates a different meaning:
The Borough of Athens.
The Code Enforcement Officer of the Borough of Athens.
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 than a bona fide employee of the owner,
who in pursuit of full-time independent business for compensation
undertakes to perform a job or piece of work, retaining in himself/herself
control of means, method and manner of accomplishing the desired result
and who undertakes or offers to perform any of the following services:
backhoe operation, bulldozing, building additions, construction of
any structure, including decks, porches, garages and out buildings,
concrete installation, demolition, drainage, driveways, drywall, electrician
work, excavation, fencing, fertilizer, foundation work, gutters, heating
and air conditioning, hauling and removal for building renovation,
kitchen and bath installation, mason, brick and stone installation,
landscaping and professional lawn care, painting, paper hanging, patios,
paving, plumbing, professional cleaning services interior and exterior,
power washing, remodel, repair, replacement of windows and doors,
roadways, roofing, septic systems, sewer installation, sidewalks,
siding, sign installation, site preparation, snow removal utilizing
an attached plow to a motorized vehicle [excluding small sidewalk
tractors, all-terrain vehicles (ATV) and riding lawn mowers], swimming
pools, topsoil, tree removal, tree trimming, utilities, waterproofing,
well drilling; whether as a general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the 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.
The twelve-month period beginning the date a permit is issued.
[Amended 2-10-2020 by Ord. No. 711, approved 2-10-2020]
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
B.
The masculine includes the feminine,
the singular includes the plural and the plural includes the singular.
C.
Purpose.
(1)
The purpose of this chapter
is to require the registration of all contractors in the Borough who
perform commercial work or work that is not included in the definition
of "home improvement" as defined under the Home Improvement Consumer
Protection Act.[1] The chapter also provides verification of all contractors
both commercial contractors and home improvement contractors concerning
their workers' compensation insurance under § 302 (see the
Act of June 2, 1915, P.L. 736, No. 338) and verification of the Borough
liability insurance requirements that was adopted in March 10, 1986,
in accordance with the provisions in the chapter.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
(2)
HOME IMPROVEMENT
(a)
[1]
[2]
[3]
(b)
[1]
[2]
[3]
[4]
[5]
[6]
[a]
[b]
[7]
[8]
The chapter also requires
the contractor registration of all contractors who perform work; however,
it does not include home improvement contractors who perform work
activity in the definition of the home improvement as set forth in
the Home Improvement Consumer Protection Act.[2] The home improvement contractor must provide state registration,
verification of workers' compensation insurance, and compliance with
the Borough's liability insurance. The term "home improvement" is
defined as:
The term includes all of the following done in connection with
land or a portion of the land adjacent to a private residence or a
building or a portion of the building which is used or designed to
be used as a private residence for which the total cash price of all
work agreed upon between the contractor and owner is more than $500.
Repair, replacement, remodeling, demolition, removal, renovation,
installation, alteration, conversion, modernization, improvement,
rehabilitation or sandblasting.
Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under Subsection (b)[6], painting, doors and windows and waterproofing.
Without regard to affixation, the installation of central heating,
air conditioning, storm windows or awnings.
The term does not include:
The construction of a new home.
The sale of goods or materials by a seller who neither arranges
to nor performs, directly or indirectly, any work or labor in connection
with the installation or application of the goods or materials.
The sale of services furnished for commercial or business use
or for resale, if the service takes place somewhere other than at
a private residence.
The sale of appliances, including stoves, refrigerators, freezers,
room air conditioners and others which are designed for and are easily
removable from the premises without material alteration.
Any work performed without compensation by the owner of the
owner's private residence or residential rental property.
Any work performed by a landscaper certified by the Department
of Agriculture under the Act of December 16, 1992 (P.L. 1228, No.
162), known as the "Plant Pest Act,"[3] except to the extent that the work involves any of the
following at a private residence:
The construction, replacement, installation or improvement of
buildings, driveways, swimming pools, porches, garages, roofs, siding,
insulation, solar energy systems, security systems, flooring, patios,
nondecorative fences, doors, lighting systems, concrete walkways and
windows.
The placement of retaining walls, fountains or drainage systems.
Emergency work pursuant to Section 7 of the act of December
17, 1968 (P.L. 1224, No. 387), known as the "Unfair Trade Practices
and Consumer Protection Law."[4]
The conversion of existing commercial structures into residential
or noncommercial structures.
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 or participates with 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.
The review board shall be the Athens Code Review Board appointed
by the Athens Borough Council which will hear all appeals of the Code
Enforcement Officer's decision to deny or revoke a permit. All appeals
shall be filed within 30 days of notice of the denial or revocation.
Said appeals Board shall consist of three members appointed by Council
for initial terms of one year, two years, and three years. Thereafter
each Board member shall, upon the approval by Council, serve a term
of five years. The Code Review Board fee shall be $750 plus costs
and may be amended from time to time by the municipality for the administration
and appeals undertaken pursuant to this chapter and the Code shall
be established by the governing body by resolution.
[Amended 2-10-2020 by Ord. No. 711, approved 2-10-2020]
A.
For purposes of this section,
if the contractor is only performing work as defined as a "home improvement"
under the Home Improvement Consumer Protection Act,[1] then they will provide all employees and subcontractor's
information required of all contractors and pay an administration
fee for verification of workers' compensation insurance and proof
of Borough's liability insurance. Any home improvement contractor
who does not register as a contractor will not be allowed to perform
any contracting work that is not included in the "home improvement"
definition (i.e., commercial work).
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
B.
Each successful applicant shall
be issued a permit or insurance verification certification for a twelve-month
period. Every permitted contractor, while actually acting as a contractor
in the Borough, shall carry said permit or insurance verification
certification or a copy of the same with him and shall display it
to the Code Enforcement Officer or his representatives upon demand
to do so.
C.
All contractors' permits or insurance
verification certification shall expire one year from the date of
issuance unless the permit or insurance verification certification
is revoked or suspended prior thereto under the terms of this chapter.
Any contractor carrying on the business of contractor in the Borough
must secure a permit or insurance verification certification under
the terms of this chapter for each permit year during which he carries
on such business.
D.
Beginning on March 10, 1986, and
every year thereafter, the Borough of Athens will operate a permitting
program. If the contractor's permit or insurance verification certification
expires, any requests for a new permit or insurance verification certification
will be considered a new request and not a renewal.
E.
Any contractor or owner demolishing
a structure will be required to inform the Code Enforcement Officer
as to how the material is going to be disposed of, and the disposal
must be in accordance with the Department of Environmental Protection
regulations.
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 permit shall be
required by 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)
This provision does not affect
existing licensing standards in effect on the effective date of this
act, with respect to electricians and plumbers and other trades, where
licensing is conditioned on requirements of testing or possession
of certificates obtained through specific training in electricity
or plumbing or other trades. However, electricians and plumbers and
other trades must have insurance verification of workers' compensation
and the Borough's liability insurance.
A.
No contractor's permit shall be
issued unless the applicant files a certificate of insurance with
the Borough at the time of permit application. The certificate of
insurance shall contain a provision that coverages afforded under
the policy will provide notice of cancellation to the Borough within
three business days of the cancellation. The certificate of insurance
must show evidence of policies of insurance, maintained at the expense
of the applicant, for comprehensive general liability or manufacturer's
and contractor's liability, each of which must have a single occurrence
and aggregate limit of at least $500,000. The contractor is also required
to maintain property damage, bodily injury, products liability and
completed operations insurance, each of which must have a single occurrence
and aggregate limit of at least $500,000. 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 Code Enforcement Officer at the time of application based on the
nature and extent of the applicant's proposed operations.
B.
All types and limits of insurance
for which certificates are presented at the time of application and
based upon which a permit is issued shall be maintained throughout
the permit year, or the permit will be suspended or revoked as hereinafter
set forth in this chapter.
C.
Effective September 1, 1993, the
Borough of Athens will no longer issue a building permit to a contractor,
subcontractor or resident (i.e., plumber, electrician, mason, heating,
ventilation/air-conditioning repairman, etc.) who has not demonstrated
current coverage and compliance with the requirements of the Workers'
Compensation Reform Act 44 of 1993 by filing with the Code Enforcement
Officer one of the following:
(1)
A certificate of insurance
issued by his insurance carrier as proof of workers' compensation
insurance for his employees.
(2)
A certificate of self-insurance
from the Department of Labor and Industry.
(3)
A notarized affidavit of exemption
from workers' compensation insurance stating that he will not hire
any employees to work on the construction project.
(4)
Registration via company letterhead
or billhead, including address and phone number (post office box not
acceptable), of his federal or state identification number.
D.
Exemption for Borough resident
not employing contractor.
(1)
Borough residents and/or homeowners
please note: If residents and/or homeowners will be performing the
work, they must file a notarized affidavit of exemption from workers'
compensation insurance stating that they will not hire/employ any
individual or subcontractor on the construction project.
(2)
Should a resident and/or homeowner later choose or be forced to subcontract work to comply with Chapter 178, Article III, Uniform Construction Code, (adopted March 15, 2004) it is the responsibility of the resident to see that the subcontractor complies with the regulations as outlined in Subsection C.
E.
Building permit information requirements.
Under the Workers' Compensation Act,[1] every building permit issued by the Borough to a contractor,
subcontractor or resident shall clearly set forth one of the following:
(1)
The name and workers' compensation
policy and the contractor's and/or subcontractor's federal or state
employee identification number.
(2)
The contractor's federal or
state employer identification number and the substance of the affirmation
that the applicant is not permitted to employ any individual to perform
work pursuant to the building permit.
(3)
The resident's and/or homeowner's
notarized affirmation that he will not employ any individual to perform
work pursuant to the building permit.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
F.
These certificates shall be filed
with the Borough's copy of the building permit. Upon issuance of a
building permit, the Borough will be named as a workmen's compensation
policy certificate holder. The issuer of the policy, the worker's
compensation insurance carrier, must inform the municipality within
three working days of any change in or termination of coverage.
G.
If the Borough receives notice
that the contractor or resident has had coverage terminated, has lost
state-approved self-insurance status or has employed persons without
providing coverage, the Borough must and will, under the Workers'
Compensation Act,[2] issue a stop-work order. The stop-work order may not be
lifted until the contractor and/or subcontractor obtains proper coverage.
[2]
Editor's Note: See 77 P.S. § 1 et seq.
H.
Companies engaged in snowplowing
as a part or all of their business must state specifically on the
certificate section "Description of Operations" that they are covered
for snowplowing and removal.
[Added 2-10-2020 by Ord.
No. 711, approved 2-10-2020]
I.
Companies engaged in roofing as
a part or all of their business must state and list specifically on
the certificate section "Description of Operations" that they are
covered for roofing, including any exclusions to roofing on the insurance
certificate.
[Added 2-10-2020 by Ord.
No. 711, approved 2-10-2020]
A.
At the time of application for
a new permit or for the renewal of a current permit, the applicant
shall pay to the Code Enforcement Officer a nonrefundable permit application
fee, payable to the Borough of Athens, as set forth in the Borough
Schedule of Fees as adopted and amended from time to time by the Athens
Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All contractors who renew their
permit annually prior to the commencement of construction shall pay
the annual permit fee as set forth in the Borough Schedule of Fees
adopted and amended from time to time by the Athens Borough Council.
C.
All contractors who commence construction
without a contractor's permit or without renewing their contractor's
permit shall pay, in addition to the contractor's permit fee, a late
registration fee as set forth in the Borough Schedule of Fees adopted
and amended from time to time by the Athens Borough Council.
D.
All contractors or owners who
commence construction or activity requiring a building/zoning permit
without obtaining a permit from the Code Enforcement Officer shall
pay a late fee as set forth in the Borough Schedule of Fees adopted
and amended from time to time by the Athens Borough Council.
E.
If an applicant is a home improvement
contractor only they will only pay an administration fee for insurance
verification and receive and insurance verification certification
and shall be subject to no other payment obligations under this section.
The administration fee shall be amended from time to time by the municipality
for the administration and enforcement undertaken pursuant to this
chapter and the Code shall be established by the governing body by
resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
However, the home improvement
contractor will be subject to the annual insurance verification requirements,
payment of an insurance verification fee if they commence construction
without insurance verification, and payment of a late fee for starting
construction without a building permit or a zoning permit. The administration
late fee shall be amended from time to time by the municipality for
the administration and enforcement undertaken pursuant to this chapter
and the Code shall be established by the governing body by resolution.
[1]
Editor's Note: The Borough Schedule of Fees is on file in
the Borough offices.
A.
When an application has been filed
with the Code Enforcement Officer in proper form, the Code Enforcement
Officer 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 permit to the applicant. If issuance of a permit is denied,
the Code Enforcement Officer shall mail to the unsuccessful applicant
a written statement setting forth the reason or reasons for the denial
within the aforesaid thirty-day period and a refund of the application
fee. The rejected applicant shall be entitled to request a hearing
form the Athens Code Appeals Board of the Borough Council within 30
days to appeal the Code Enforcement Officer's decision. The same procedure
will apply to a home improvement contractor who is denied a verification
of their insurance because they did not have workers' compensation
insurance if required or did not have the Borough-required $500,000
liability insurance.
B.
The application for a permit 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 owners, partners, directors and officers of the applicant and the business address and trade names of the applicant. Solicitors as defined in Athens Borough Ordinance Chapter 374, Peddling and Soliciting, as solicitors or transient merchants and/or commercial solicitors.
(2)
Procedures for registration
as a contractor. Application:
(a)
A person shall apply to
the Code Enforcement Officer in writing or electronically via a secure
internet connection, if permitted by the Code Enforcement Officer,
on a form provided by the Code Enforcement Officer. The application
shall include the following information:
[1]
For an individual applicant,
all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and
home telephone number.
[d]
Driver's license
number, a copy of an identification card issued by the state in which
the individual resides or other form of identification as permitted
by the Code Enforcement Officer.
[e]
Business name, address
and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Copy of home improvement
application and license.
[h]
Social security number.
[i]
All prior business
names and addresses of home improvement businesses operated by the
individual.
[2]
For a general partnership
applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of
each partner.
[c]
Home address and
home telephone number of each partner.
[d]
Driver's license
number or a copy of an identification card issued by the state in
which the partner resides, of each partner.
[e]
Partnership name,
address and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Social security number
of each partner.
[h]
All prior business
names and addresses of home improvement businesses operated by the
applicant and each partner.
[3]
For a corporation, limited
liability company or limited partnership, all of the following:
[a]
Name of each officer,
manager and general partner.
[b]
Date of birth of
each officer, manager and general partner.
[c]
Home address and
home telephone number of each officer, manager and general partner.
[d]
Driver's license
number or a copy of an identification card issued by the state in
which the individual resides, of each officer, manager and general
partner.
[e]
Entity's name, address
and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Social security number
of each officer, manager and general partner.
[h]
Name of each director
or each individual holding greater than an equity interest of 5% in
the entity.
[i]
All prior business
names and addresses of home improvement businesses operated by each
officer, manager and general partner.
[4]
For an out-of-state
corporation, limited liability or limited partnership, the name and
address of the entity's resident agent or registered office provider
within this commonwealth and any registration number or license number
issued to the entity by its home state or political subdivision of
such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(3) shall also be provided.
[6]
A complete description
of the nature of the contracting business of the applicant.
[7]
A statement whether:
[a]
The individual or
individuals making application, even if doing so as part of a business
entity application, has ever been convicted of a criminal offense
related to a home improvement transaction, fraud, theft, a crime of
deception or a crime involving fraudulent business practices, as well
as a statement whether the applicant has ever filed a petition in
bankruptcy or, within the last 10 years, received a final civil judgment
entered against the applicant or businesses in which the applicant
held an interest that was related to a home improvement transaction.
[b]
The applicant's certificate
or a similar certificate or license issued by any other state or political
subdivision thereof has ever been revoked or suspended pursuant to
an order issued by a court of competent jurisdiction and, if so, the
current status of the certificate or similar certificate or license.
The statement required by this clause shall include the same information
with respect to any other business in which the person making application
has or has ever had an interest.
[8]
Whether within the last
10 years the applicant has ever been suspended or debarred from participating
in any federal, state, local or not-for-profit program through which
public funding or other assistance is provided to owners for home
improvements.
[9]
Proof of liability insurance
covering personal injury in an amount not less than $500,000 and insurance
covering property damage caused by the work of a home improvement
contractor or commercial contractor in an amount not less than $500,000.
For the purpose of this subsection, proof of insurance may include
information attested to by an applicant that the applicant is self-insured
and the Office of Code Enforcement shall develop forms for this purpose
and make them available to applicants. The Code Enforcement Officer
may determine the sufficiency of the self-insurance and the manner
in which it is maintained in compliance with this chapter.
(b)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Code Enforcement Officer requests such information.
(3)
For insurance verification
purposes, all contractors shall be required to provide a list of employees
and subcontractors to the Code Enforcement Officer for each project
that a permit is issued for. Each employee or subcontractor shall
be required to possess employer information which shall include name,
address, and telephone number of their employer. Each employee or
subcontractor shall also be required to have in their possession a
valid driver's license or identification card that shall include the
employee or subcontractor's name and address. Home improvement contractors
will have to provide their current home improvement contract registration
number.
Every contractor permittee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Code Enforcement Officer of such change.
No permit 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.
The application for a permit
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 owners, partners, directors, officers, and solicitors of the applicant and the business address and trade names of the applicant. Note: "Solicitors" are defined under Chapter 374, Peddling and Soliciting.
(2)
Procedures for registration
as a contractor; application.
(a)
A person shall apply to
the Code Enforcement Officer in writing or electronically via a secure
internet connection, if permitted by the Code Enforcement Officer,
on a form provided by the Office of Code Enforcement. The application
shall include the following information:
[1]
For an individual applicant,
all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and
home telephone number.
[d]
Driver's license
number, a copy of an identification card issued by the state in which
the individual resides or other form of identification as permitted
by the Office of Code Enforcement.
[e]
Business name, address
and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Social security
number.
[h]
All prior business
names and addresses of home improvement businesses operated by the
individual.
[2]
For a general partnership
applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of
each partner.
[c]
Home address and
home telephone number of each partner.
[d]
Driver's license
number, or a copy of an identification card issued by the state in
which the partner resides, of each partner.
[e]
Partnership name,
address and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Social security
number of each partner.
[h]
All prior business
names and addresses of home improvement businesses operated by the
applicant and each partner.
[3]
For a corporation,
limited liability company or limited partnership, all of the following:
[a]
Name of each officer,
manager and general partner.
[b]
Date of birth of
each officer, manager and general partner.
[c]
Home address and
home telephone number of each officer, manager and general partner.
[d]
Driver's license
number, or a copy of an identification card issued by the state in
which the individual resides, of each officer, manager and general
partner.
[e]
Entity's name, address
and telephone number.
[f]
Federal employer
identification number, if applicable.
[g]
Social security
number of each officer, manager and general partner.
[h]
Name of each director
or each individual holding greater than an equity interest of 5% in
the entity.
[i]
All prior business
names and addresses of home improvement businesses operated by each
officer, manager and general partner.
[4]
For an out-of-state
corporation, limited liability or limited partnership, the name and
address of the entity's resident agent or registered office provider
within this commonwealth and any registration number or license number
issued to the entity by its home state or political subdivision of
such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(2) shall also be provided.
[6]
A complete description
of the nature of the contracting business of the applicant.
[7]
A statement whether:
[a]
The individual or
individuals making application, even if doing so as part of a business
entity application, has ever been convicted of a criminal offense
related to a home improvement transaction, fraud, theft, a crime of
deception or a crime involving fraudulent business practices, as well
as a statement whether the applicant has ever filed a petition in
bankruptcy or, within the last 10 years, received a final civil judgment
entered against the applicant or businesses in which the applicant
held an interest that was related to a home improvement transaction.
[b]
The applicant's
certificate or a similar certificate or license issued by any other
state or political subdivision thereof has ever been revoked or suspended
pursuant to an order issued by a court of competent jurisdiction and,
if so, the current status of the certificate or similar certificate
or license. The statement required by this clause shall include the
same information with respect to any other business in which the person
making application has or has ever had an interest.
[8]
Whether within the
last 10 years the applicant has ever been suspended or debarred from
participating in any federal, state, local or not-for-profit program
through which public funding or other assistance is provided to owners
for home improvements.
[9]
Proof of liability
insurance covering personal injury in an amount not less than $500,000
and insurance covering property damage caused by the work of a home
improvement contractor or a commercial contractor in an amount not
less than $500,000. For the purpose of this subsection, "proof of
insurance" may include information attested to by an applicant that
the applicant is self-insured and the Office of Code Enforcement shall
develop forms for this purpose and make them available to applicants.
The Office of Code Enforcement may determine the sufficiency of the
self-insurance and the manner in which it is maintained in compliance
with this act.
(3)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Office of Code Enforcement requests such information.
C.
The applicant fails to comply
with the following section: For insurance verification purposes, all
contractors shall be required to provide a list of employees and subcontractors
to the Code Enforcement Officer for each project that a permit is
issued for. Each employee or subcontractor shall be required to possess
employer information which shall include name, address, and telephone
number of their employer. Each employee or subcontractor shall also
be required to have in their possession a valid driver's license or
identification card that shall include name and address of the employee
or subcontractor.
A.
The Code Enforcement Officer
shall revoke any permit or verification of insurance certification
issued under the provisions of this chapter under the following circumstances.
The applicant who has his permit revoked shall be entitled to request
a hearing from the Athens Code Review Board within 30 days to appeal
the Code Enforcement Officer's revocation or denial.
(1)
If the permittee falsely
answered any question or questions contained on an application for
licensing or renewal of licensing previously submitted to the Code
Enforcement Officer.
(2)
Failure of the permittee
to maintain, during the permit year, the policies of insurance required
under the provisions of this chapter.
(4)
If the permittee violates
any condition or requirement of a building permit, sewer construction
permit or highway permit issued by the Borough.
(5)
If the permittee willfully
deviates from or disregards any plans or specifications for any contracting
job in any substantial respect without first obtaining the consent
of the owner, in writing, to any such change and without first notifying
the Code Enforcement Officer of any such change or the third-party
building inspector retained by the Borough.
(6)
If the permittee does any
business through any person who is subject to the licensing requirements
of this chapter and who is not licensed as required by this chapter.
(7)
If the permittee conducts
a contractor's business in the Borough under any name other than that
under which he is licensed.
(8)
If the permittee fails to
comply with an order, demand or requirement lawfully made by the Code
Enforcement Officer and/or the third-party building inspector retained
by the Borough under the authority of this chapter or any other Borough
ordinance.
(9)
The permittee fails to comply
with the following section: For insurance verification purposes, all
contractors shall be required to provide a list of employees and subcontractors
to the Code Enforcement Officer for each project that a permit is
issued for. Each employee or subcontractor shall be required to possess
employer information which shall include name, address, and telephone
number of their employer. Each employee or subcontractor shall also
be required to have in their possession a valid driver's license or
identification permit that shall include name and address of the employee
or subcontractor.
(10)
If the permittee fails
to provide all of the registration information or falsifies their
registration information required under this chapter [required under
73 P.S. § 517.3 (2013) and the registration of solicitors
as required under the Borough ordinance].
(11)
If the permittee fails
to comply with the Home Improvement Consumer Protection Act, 73 P.S.
§ 517.3 (2013).
(12)
If the applicant fails
to provide the following information to the Code Enforcement Officer:
(a)
Application.
[1]
A person shall apply
to the Office of Code Enforcement in writing or electronically via
a secure internet connection, if permitted by the Office of Code Enforcement,
on a form provided by the Office of Code Enforcement. The application
shall include the following information:
[a]
For an individual
applicant, all of the following:
[i]
Name.
[ii]
Date of birth.
[iii]
Home address
and home telephone number.
[iv]
Driver's license
number, a copy of an identification card issued by the state in which
the individual resides or other form of identification as permitted
by the Office of Code Enforcement.
[v]
Business name,
address and telephone number.
[vi]
Federal employer
identification number, if applicable.
[vii]
Social security
number.
[viii]
All prior
business names and addresses of home improvement businesses operated
by the individual.
[b]
For a general partnership
applicant, all of the following:
[i]
Name of each
partner.
[ii]
Date of birth
of each partner.
[iii]
Home address
and home telephone number of each partner.
[iv]
Driver's license
number, or a copy of an identification card issued by the state in
which the partner resides, of each partner.
[v]
Partnership
name, address and telephone number.
[vi]
Federal employer
identification number, if applicable.
[vii]
Social security
number of each partner.
[viii]
All prior
business names and addresses of home improvement businesses operated
by the applicant and each partner.
[c]
For a corporation,
limited liability company or limited partnership, all of the following:
[i]
Name of each
officer, manager and general partner.
[ii]
Date of birth
of each officer, manager and general partner.
[iii]
Home address
and home telephone number of each officer, manager and general partner.
[iv]
Driver's license
number, or a copy of an identification card issued by the state in
which the individual resides, of each officer, manager and general
partner.
[v]
Entity's name,
address and telephone number.
[vi]
Federal employer
identification number, if applicable.
[vii]
Social security
number of each officer, manager and general partner.
[viii]
Name of
each director or each individual holding greater than an equity interest
of 5% in the entity.
[ix]
All prior
business names and addresses of home improvement businesses operated
by each officer, manager and general partner.
[d]
For an out-of-state
corporation, limited liability or limited partnership, the name and
address of the entity's resident agent or registered office provider
within this commonwealth and any registration number or license number
issued to the entity by its home state or political subdivision of
such other state, if applicable.
[e]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection A(12)(a)[2] and (b) shall also be provided.
[f]
A complete description
of the nature of the contracting business of the applicant.
[g]
A statement whether:
[i]
The individual
or individuals making application, even if doing so as part of a business
entity application, has ever been convicted of a criminal offense
related to a home improvement transaction, fraud, theft, a crime of
deception or a crime involving fraudulent business practices, as well
as a statement whether the applicant has ever filed a petition in
bankruptcy or, within the last 10 years, received a final civil judgment
entered against the applicant or businesses in which the applicant
held an interest that was related to a home improvement transaction.
[ii]
The applicant's
certificate or a similar certificate or license issued by any other
state or political subdivision thereof has ever been revoked or suspended
pursuant to an order issued by a court of competent jurisdiction and,
if so, the current status of the certificate or similar certificate
or license. The statement required by this clause shall include the
same information with respect to any other business in which the person
making application has or has ever had an interest.
[h]
Whether within
the last 10 years the applicant has ever been suspended or debarred
from participating in any federal, state, local or not-for-profit
program through which public funding or other assistance is provided
to owners for home improvements.
[i]
Proof of liability
insurance covering personal injury in an amount not less than $500,000
and insurance covering property damage caused by the work of a home
improvement contractor or a commercial contractor in an amount not
less than $500,000. For the purpose of this subsection, proof of insurance
may include information attested to by an applicant that the applicant
is self-insured and the Office of Code Enforcement shall develop forms
for this purpose and make them available to applicants. The Office
of Code Enforcement may determine the sufficiency of the self-insurance
and the manner in which it is maintained in compliance with this act.
[2]
Information requested in Subsection A(12)(a)[1][a] through [e] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Code Enforcement Officer requests such information.
(b)
Reporting of multiple
registrations or licensures. Any registered contractor in this commonwealth
who is registered or licensed as a home improvement contractor in
any other state, or political subdivision thereof, shall report this
information to the Office of Code Enforcement on the initial registration
and biennial registration application. Any disciplinary action taken
in such other jurisdiction shall be reported to the Code Enforcement
Officer on the initial registration application or, if such action
occurred subsequent to submission of an initial application, on the
biennial registration application or within 90 days of final disposition,
whichever is sooner. Multiple registrations or licensures shall be
noted by the office of Code Enforcement on the contractor's registration,
and such state, or political subdivision thereof, shall be notified
by the Code Enforcement Officer of any disciplinary actions taken
against such contractor in this commonwealth.
B.
The Borough of Athens, by virtue
of granting a permit to this contractor, does not warrant or make
any representation regarding the quality of any of the workmanship
performed by said contractor. The Borough does not assume any liability
for the quality of this contractor's workmanship or lack thereof.
The purpose of this licensing requirement is to guarantee that the
contractor has adequate insurance and has not been convicted of any
prior fraudulent activities. Furthermore, the Borough will not be
held liable for any failure on its part to investigate any of the
facts that may be falsely stated in any application presented by any
contractor receiving a permit by the Borough.
In addition to refusal or revocation of a permit as provided
under this chapter, any person, as defined in this chapter, or any
officer, agency, servant or employee thereof who shall fail, neglect
or refuse to comply with any of the terms or provisions of this chapter
shall, upon conviction thereof before a Magisterial District Judge,
be sentenced to pay a fine or penalty not exceeding $600 and costs
of prosecution for each offense, to be collected as like 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 chapter.
