As used in this chapter, certain terms are defined as follows:
CONSTRUCTION
The demolition, erection, addition, conversion, improvement,
modernization, rehabilitation, renovation, remodeling, repair or other
alteration of any building, structure, real property or appurtenance
thereto.
CONSTRUCTION MANAGER
A person or business entity that uses specialized, project
management techniques to oversee the planning, design, and construction
of a project, from its beginning to its end.
DEMOLITION CONTRACTOR
A person or business entity engaged in the business of the
removal or partial removal of structural elements for purposes of
removal of an entire structure.
ELECTRICAL CONTRACTOR
A person or business entity engaged in the business of installing
systems, or parts of systems, used to transmit, generate or distribute
electricity.
FIRE SAFETY CONTRACTOR
A person or business entity who performs or offers to perform
the installation, alteration, repair, testing, servicing, maintenance,
inspection and/or certification of fire suppression systems, or any
part of such systems. Also, may include a person or business entity
who inspects and installs fire-alarm systems.
FIRE SUPPRESSION SYSTEM
An automatic or manual system designed to protect buildings
and their occupants from fire. Such systems include, but are not limited
to, water sprinkler, water spray, foam-water, foam-water spray, carbon
dioxide, foam extinguishing, dry chemical, wet chemical, halogenated
and other chemical systems used for fire protection; the supply mains,
yard hydrants, standpipes and hose connections to sprinkler systems;
and tank heaters, air lines and thermal systems used in connection
with sprinklers, tanks and pumps dedicated for fire suppression use.
GENERAL CONTRACTOR
A person or business entity who contracts with an owner or
lessee to provide, directly or indirectly through contracts with subcontractors,
suppliers, or laborers, substantially all of the improvements to the
property described in the contract.
INSIGNIA
Any tag, plate, badge, emblem, sticker or any other similar
device which may be required for any use in connection with any license.
LICENSE OFFICER
The Code Enforcement Manager and Building Code Official who
manages the Department of Buildings & Code Compliance ("Department")
who is hereby empowered to delegate any authority granted him or her
or any other officer or employee of the Department. Any duty prescribed
herein to be performed by the Code Enforcement Manager and Building
Code Official may be performed by the Code Enforcement Manager and
Building Code Official or other officer or employee of the Department
assigned such duty by the Code Enforcement Manager and Building Code
Official.
LICENSEE
A license holder for any use or period of time of any special
privilege granted relevant to any provision of this chapter.
MECHANICAL CONTRACTOR
A person or business entity who may conduct, carry on or
engage in the business of heating, air conditioning, ventilation,
refrigeration and associated sheet metal work, as identified by the
International Mechanical Code, latest edition.
OSHA 30
The thirty-hour program designed by the United States Occupational,
Safety and Health Administration ("OSHA") under its Outreach Training
Program for Construction Industry for additional training of supervisors
and workers with some safety responsibilities.
PLUMBING CONTRACTOR
A person or business entity engaged in the business of drainage,
water piping, or the construction, alteration and repairing of any
drainage, cesspools, trap, waste vent or water piping, and fixtures
attached thereto, except gas or electric heaters.
PRIMARY RESIDENCE
The dwelling where the owner of the property usually lives.
A person can only have one primary residence at any given time, though
the person may share the residence with other people. A primary residence
is considered to be a legal residence for income tax purposes.
RESIDENTIAL CONTRACTOR
A person or business entity who owns and operates a home
improvement business or who undertakes, offers to undertake or agrees
to perform any home improvement as defined under the Home Improvement
Consumer Protection Act, 73 P.S. § 517.1 et seq. The term
includes a subcontractor or independent contractor who has contracted
with a home improvement retailer, regardless of the retailer's
net worth, to provide home improvement services to the retailer's
customers.
SITE SAFETY MANAGER
Must be 18 years old, able to read and write the English
language, and possess an OSHA 30 card. For demolition contractors,
the site safety manager must be on the demolition site at all times;
for all other contractors, the site safety manager need not be present
on the job site at all times.
Unless otherwise specifically provided for, when any license
is mandated by any provision of this Code, the procedure for issuance
shall be as follows:
A. Formal application required. Each person or business entity required
to obtain a license shall submit an application to the License Officer.
(1) Form of application. The application shall be upon forms provided
by the License Officer and such forms may include a sworn affidavit.
Forms furnished by the department which require electronic submission
shall contain electronic authorization(s) that are binding.
(2) Content of application. The application shall require the disclosure
of all information to be reasonably necessary for a fair determination
of whether to issue the license. Each applicant shall provide the
following:
(a)
A passport-sized color photograph of the applicant.
(b)
A copy of the applicant's commercial activity license and
tax identification number.
(c)
Proof that the applicant has obtained the insurance required
by this chapter.
(d)
A certification that all Municipal tax obligations are satisfied,
and that the applicant is in compliance with all applicable laws of
the Commonwealth relating to the operation of its business.
(e)
A certification that all businesses they operate within the
Municipality are not in violation of any building or zoning laws.
(f)
The name of at least one site safety manager employed by the
company who will supervise construction projects and provides documentation
with respect to their required qualifications.
(3) Payment of fees. The application shall be accompanied by fees due
for such license. Fees at application may include the administrative
fee or the full amount of fees due for such license. The License Officer
shall determine the time of payment and schedule of fees. The full
fee for any license or permit shall be remitted prior to issuance
of such license.
B. Receipt issuance conditional. Whenever a license cannot be issued
at the time an application is made, the License Officer shall issue
a receipt to the applicant for the money paid in advance, subject
to the following conditions: the receipt shall not be construed as
approval of the License Officer for the issuance of the license; nor
shall it entitle or authorize the applicant to commence, maintain
or conduct any business or activity contrary to the provisions of
this chapter.
C. Duplicate license procedure. A duplicate license shall be issued
by the License Officer to replace any previously issued license which
has been lost, stolen, defaced or destroyed, without any willful conduct
on the part of the licensee. The licensee shall file an affidavit
sworn to before a notary public of the Commonwealth attesting to such
fact and pay to the License Officer of an amount prescribed in the
fee schedule posted.
D. Application denial and fee refund. The License Officer, upon disapproving
any application submitted under the provisions of this chapter, shall
create a refund policy where applicable. This refund would not include
the administrative fee which is nonrefundable.
E. Compliance pending legal action. When the issuance of a license is
denied and an action is instituted by the applicant to compel its
issuance, such applicant shall not commence, maintain or conduct any
activity for which the license was refused unless such is issued to
the applicant pursuant to a court judgment ordering the same.
Each license issued shall state upon its face:
A. The name of the licensee and any other name under which the business
is to be conducted.
B. The type of license endorsement, i.e., CM, GC, MC, EC, PC, FSC, or
DC.
C. The dates of issuance and expiration.
D. Passport photo of the licensee.
E. Other information as the License Officer determines is necessary.
A license is not transferable to another person and is not otherwise
transferable except as may be expressly provided elsewhere in this
chapter.
All licenses issued by the License Officer shall expire on December
31 of each year. This section shall take effect on January 1, 2022,
and shall not alter the term of existing registrations under the former
Chapter 251. The license must be renewed annually.
When a person knowingly allows another person, who has not obtained
a license to use his or her premises for an activity requiring a license
under this chapter, the person who allowed his premises to be so used
shall be liable for any applicable fees required herein.
Whenever an appeal is filed pursuant to this chapter is pending,
the appellant is not permitted to conduct any business or activity
that requires the license being appealed may occur.
Any person or persons, corporation, partnership or other entity
whatsoever violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $1,000, plus costs of prosecution, and in default of payment
of such costs and prosecution, shall be sentenced to imprisonment
for a term not exceeding 30 days; provided, however, that if the District
Justice determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the District Justices deems to be
just.
No person shall act, engage, advertise or otherwise represent
to be a contractor, of any type, without first obtaining a license
from the License Officer.