[Ord. 43-2022, passed 8-17-2022]
The following words, terms and phrases when used in this article
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning. When not inconsistent
with the context, words used in the present tense include the future;
words in the plural number include the singular number; words in the
singular shall include the plural, and words in the masculine shall
include the feminine, gender neutral and/or non-binary.
A ceiling, including but not limited to the following: lay-in-grid
and other types of systems involving solid, perforated or translucent
ceiling panels (no electrical work).
A person who is engaged in learning a trade under the direction
or instruction of a master and who is enrolled in a Pennsylvania board
certified apprenticeship program. Before being eligible for the journeyman
test the apprentice must have 8,000 working hours and 800 classroom
hours.
Any person, partnership or corporation who offers to contract
as an automatic fire suppression system contractor with another to
do automatic fire suppression work in the City of Erie, engages in
or carries on the business of installing, erecting, altering, extending,
maintaining or repairing foam, halogenated, wet-spray, wet-chemical
extinguishing systems, or a portable fire extinguisher and who carries
on such business as an automatic fire suppression system contractor
having the final determination and the full responsibility for the
manner in which the work is done, for the materials used and for the
selection, supervision and control of mechanics employed on the work
engaged in by said person, partnership or corporation.
Any person, partnership or corporation who offers to contract
as a fire protection contractor with another to do fire protection
work in the City of Erie, engages in or carries on the business of
installing, erecting, altering, extending, maintaining or repairing
fire protection systems, and who carries on such business as a fire
protection contractor having the final determination and the full
responsibility for the manner in which the work is done, for the materials
used and for the selection, supervision and control of mechanics employed
on the work engaged in by said person, partnership or corporation.
The Contractors and Trades Advisory Board of Licensing.
A construction code official, or the building code official's
designee, who manages, supervises, and administers the building code
enforcement activities.
The basic operation and maintenance of all existing buildings.
These services include routine and preventive maintenance work required
to keep the buildings, utilities, and grounds in an acceptable and
safe operating condition. The building maintenance serviceman takes
care of all heating, ventilation, and air-conditioning systems. They
maintain all lighting, electrical, and water systems, and all fire,
life and safety systems. They also install shelves, pictures, panels,
assemble furniture, move furniture and a myriad of other items.
The Bureau of Code Enforcement, Department of Public Works
of the City of Erie.
The City of Erie.
A roofing contractor installs products and repairs surfaces
that seal, waterproof and weatherproof structures. This work is performed
to prevent water or its derivatives, compounds or solids from penetrating
such protection and gaining access to material or space beyond. In
the course of this work, the contractor examines and/or prepares surfaces
and uses the following material: asphaltum, pitch, tar, felt, glass
fabric, urethane foam, metal roofing systems, flax, shakes, shingles,
roof tile, slate or any other roofing, waterproofing or membrane material(s)
or a combination thereof.
A concrete-related services contractor installs reusable
steel concrete from sections or interlocking precast pavers. Performs
post-tensioning work, concrete sawing, breaking, curing, floor hardening
treatment, coloring concrete, concrete restoration, coring work or
operates a concrete pumping service; also includes the application
of gunite, but does not include the installation of reinforcing steel.
Any person, partnership or corporation who offers to contract
with a project stakeholder to act as representative of the stakeholder
and provide the oversight of work performed. Such oversight may involve
providing due diligence with respect to the scheduling of work, the
attendance on the job site of contractors and subcontractors, the
quality of the material used, and the quality of the workmanship.
A construction manager works on behalf of a stakeholder without necessarily
having the level of full responsibility or control for the manner
in which the work is performed, for the materials used and for the
selection, supervision and control of subcontractors employed. A construction
manager generally exerts control through the stakeholder that he/she/they
contractually represents.
A body formed and authorized by law to act as a single person
although constituted by one or more persons and legally endowed with
various rights and duties.
Drywall contractor. A drywall contractor lays out and installs
gypsum wallboard and gypsum wallboard assemblies including nonstructural
metal framing members, and performs the taping and texturing operations
including the application of compounds that adhere to wallboard to
produce a continuous smooth or textured surface.
Lathing and plastering contractor.
A lathing and plastering contractor coats surfaces with a mixture
of sand, gypsum plaster, quick lime or dehydrated lime and water,
or sand and cement and water, or a combination of such other materials
that create a permanent coating, including coatings for the purpose
of soundproofing and fireproofing. These coatings are applied with
a plasterer's trowel or sprayed over any surface which offers
a mechanical means for the support of such coating, and will adhere
by suction. This contractor also installs lath (including metal studs)
or any other material prepared or manufactured to provide a base or
bond for such coating.
A lathing and plastering contractor also applies and affixes
wood and metal lath, or any other material prepared or manufactured
to provide key or suction bases for the support of plaster coatings.
This classification includes the channel work and metal studs for
the support of metal or any other lathing material and for solid plaster
partitions.
An excavating/earthwork contractor digs, moves, and places
material forming the surface of the earth, other than water, in such
manner that a cut, fill, excavation, grade, trench, backfill or tunnel
(if incidental thereto) can be executed.
A fencing contractor constructs, erects, alters, or repairs
all types of fences, corrals, runs, nailings, cribs, game court enclosures,
guardrails and barriers, playground equipment, backstops, posts, flagpoles,
and gates, excluding masonry walls.
Any person, partnership or corporation who offers to contract
as a fire alarm contractor with another to perform the actual work
involved in the installation, testing, or maintenance of a fire alarm
system or its components in the City, engages in or carries on the
business of installing, erecting, altering, extending, maintaining
or repairing fire alarm systems, manual fire detection systems, or
automatic fire detection systems, and who carries on such business
as a fire alarm contractor having the final determination and the
full responsibility for the manner in which the work is completed,
for the materials used and for the selection, supervision and control
of technicians employed on the work engaged in by said person, partnership
or corporation.
Components, assemblies, or subassemblies listed by a nationally
recognized testing laboratory and intended to manually or automatically
detect the presence of a hostile fire and warn the occupants, notify
emergency responders, or actuate fire control systems. Other than
a primary power supply input not exceeding 120 VAC, all other external
circuits of such systems shall operate at 50 volts or less, with the
installation wiring meeting the requirements of the most recent edition
of Article 760 or NFPA 70, National Electrical Code.
A floor covering contractor prepares any surface for the
installation of flooring and floor coverings, and installs carpet,
resilient sheet goods, resilient tile, ceramic tile, wood floors and
flooring (including the finishing and repairing thereof), and any
other materials established as flooring and floor covering material.
Any person, partnership or corporation who offers to contract
with another, having the final determination and the full responsibility
for the manner in which the work is performed, for the materials used
and for the selection, supervision and control of subcontractors employed
on the work engaged by said person, partnership or corporation. A
general contractor is a contractor whose principal contracting business
is in connection with any structure built, being built, or to be built,
for the support, shelter and enclosure of persons, animals, chattels
or movable property of any kind requiring in its construction the
use of at least two unrelated building trades or crafts, or to do
or superintend the whole or any part thereof.
A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building contractor
holds the appropriate license classification or subcontracts with
an appropriately licensed contractor to perform the work. A general
building contractor shall not take a subcontract involving trades
other than framing or carpentry, unless the subcontract requires at
least two unrelated trades or crafts other than framing or carpentry,
or unless the general building contractor holds the appropriate license
classification. The general building contractor may not count framing
or carpentry in calculating the two unrelated trades necessary in
order for the general building contractor to be able to take a prime
contract or subcontract for a project involving other trades.
A glass and glazing contractor selects, cuts, assembles and/or
installs all makes and kinds of glass, glass work, mirrored glass,
and glass substitute materials for glazing; executes the fabrication
and glazing of frames, panels, sashes and doors; and/or installs these
items in any structure.
Master contractors may suspend their license on a yearly
basis. Inactive license holders may not apply for permits nor engage
in their trade, except under employment of another master. Any individual
licensed or registered serving on active duty may suspend their license
or registration until time of discharge but must obtain their license
or registration within 90 days of discharge.
An insulation contractor installs any insulating media and
preformed architectural materials for the purpose of temperature and/or
sound control.
A person under direction or instruction of a master or journeyman
and is employed up to but not exceeding four months per year. No more
than one intern per job site per trade.
An individual who has sufficient skill and knowledge of a
trade, craft or occupation, through formal apprenticeship, on-the-job
experience and after successful completion of the International Code
Council (ICC) Journeyman Certificate Exam shall be recognized as being
fully qualified to perform the work of the trade, craft or occupation.
A person under direction or instruction of a subcategory
contractor.
A landscape contractor constructs, maintains, repairs, installs
or subcontracts the development of landscape systems and facilities
for public and private gardens and other areas which are designed
to aesthetically, horticulturally, or functionally improve the grounds
within or surrounding a structure or tract or plot of land. In connection
therewith, a landscape contractor prepares and grades plots and areas
of land for the installation of any architectural, horticultural and
decorative treatment or arrangement. Includes landscaping (outdoor)
low-voltage lighting from the 120 volt transformer only.
Any person to whom a license is issued pursuant to the provisions
of this article.
Any person, partnership or corporation who offers to contract
as a security and communication contractor with another to perform
security and communication work in the City of Erie, engages in or
carries on the business of installing, erecting, altering, extending,
maintaining or repairing security, telephone, sound, cable TV, closed
circuit video, satellite and antennas under 91 volts and who carries
on such business as a low-voltage contractor having the final determination
and the full responsibility for the manner in which the work is done,
for the materials used and for the selection, supervision and control
of mechanics employed on the work engaged in by said person, partnership
or corporation. This classification specifically excludes fire alarms.
A masonry contractor installs concrete units and baked clay
products; concrete, glass and clay block; natural and manufactured
stone; terra cotta and fire brick or other material for refractory
work. This classification includes the fabrication and installation
of masonry component units for structural load-bearing and non-load-bearing
walls for structures and fences installed with or without mortar;
ceramic veneer (not tile) and thin brick that resembles full brick
for facing; paving and clear waterproofing, cleaning and caulking
incidental to masonry construction.
Any person, partnership or corporation who offers to contract
as a electrical contractor with another to perform electrical work
in the City of Erie, engages in or carries on the business of installing,
erecting, altering, extending, maintaining or repairing electrical
systems, communication, and solar photovoltaic cells, or any part
thereof, which generate, transmit, transform or utilize electrical
energy in any form, and who carries on such business as an electrical
contractor having final determination and the full responsibility
for the manner in which the work is done, for the material used and
for the selection, supervision and control of electricians employed
on the work engaged in by said person, business, partnership or corporation.
Any person, partnership or corporation who offers to contract
as a mechanical contractor with another to perform mechanical work
in the City of Erie, engages in or carries on the business of installing,
erecting, altering, extending, maintaining or repairing heating and
ventilation systems, air-conditioning systems, refrigeration systems,
process piping, and sheet metal work and who carries on such business
as a mechanical contractor having the final determination and the
full responsibility for the manner in which the work is done, for
the materials used and for the selection, supervision and control
of mechanics employed on the work engaged in by said person, business,
partnership or corporation. Low-voltage wiring over 91 volts exceeding
15 feet of conduit must be installed by a master electrical contractor.
Any person, partnership or corporation who offers to contract
as a plumbing contractor with another to perform plumbing work in
the City of Erie, engages in or carries on the business of plumbing
or pipefitting work which involves the installation of or the roughing
in or openings for one or more water closets, toilets, sinks, wash
traps, washtubs, wash basins, leader connections, floor drains, septic
tanks or other item or equipment utilizing water or other liquids
to carry away waste or sewage or for any similar purpose or to repair
or install water supply pipes or to repair or install waste sewage
lines and who carries on such business as a plumbing contractor having
the final determination and the full responsibility for the manner
in which the work is done, for the materials used and for the selection,
supervision and control of mechanics employed on the work engaged
in by said person, partnership or corporation.
Any homeowner, tenant or any other person who orders, contracts
for or purchases the home improvement service of a contractor, or
the person entitled to the performance of the work of a contractor
pursuant to a home improvement contract.
A painting/wallcovering contractor prepares by scraping,
sandblasting or other means and applies any of the following: paints,
papers, textures, fabrics, pigments, oils, turpentines, japans, driers,
thinners, varnishes, shellacs, stains, fillers, waxes, adhesives,
water and any other vehicles, mediums and materials which adhere by
evaporation and may be mixed, used and applied to the surfaces of
structures and the appurtenances thereto for the purposes of decorating,
protection, fireproofing and waterproofing.
A legal relationship existing between two or more persons
contractually associated as joint principals in a business.
A paving contractor digs, moves, and places material forming
the surface of the earth, other than water, in such manner that a
cut, fill, grade, (if incidental thereto) can be executed. This classification
includes the mixing, fabricating and placing of paving and any other
surfacing materials.
An individual, partnership, corporation, trust, association,
owner, contractor, salesman or any other legal entity.
A plumbing contractor provides a means for a supply of safe
water, ample in volume and of suitable temperature for the purpose
intended and the proper disposal of fluid waste from the premises
in all structures and fixed works. This classification includes but
is not limited to:
Complete removal of waste from the premises or the construction
and connection of on-site waste disposal systems.
Piping, storage tanks and venting for a safe and adequate supply
of gases and liquids for any purpose, including vacuum-compressed
air and gases for medical, dental, commercial and industrial uses.
All gas appliances, flues and gas connections for all systems
including suspended space heating units. This does not include forced
warm air units.
Water and gas piping from the property owner's side of
the utility meter to the structure or fixed works.
Installation of any type of equipment to heat water, or fluids
to a temperature suitable for the purposes listed in this section,
including the installation of solar equipment for this purpose.
The maintenance and replacement of all items described above
and all health and safety devices, such as, but not limited to, gas
earthquake valves, gas control valves, backflow preventers, water
conditioning equipment and regulating valves.
Stormwater management piping from structure to an engineered
retention system.
The chief officer of an organization entrusted with the direction
and administration of its policies.
A refrigeration contractor constructs, fabricates, erects,
installs, maintains, services and repairs refrigerators, refrigerated
rooms, and insulated refrigerated spaces, temperature insulation,
air-conditioning units, ducts, blowers, registers, humidity and thermostatic
controls for the control of air, liquid and/or gas temperatures below
50° F., or 10° C.
Any person, partnership or corporation who offers to contract
as a residential master contractor with another to perform residential
work in the City of Erie, and only the provisions of the International
Residential Code for One- and Two-Family Dwellings shall apply to
the new construction of detached one- and two-family dwellings and
townhouses not more than three stories above-grade in height with
a separate means of egress and their accessory structures, who carries
on such business as a residential master contractor having the final
determination and the full responsibility for the manner in which
work is done, for the materials used and for the selection, supervision
and control of employees on the work engaged in by said person, partnership
or corporation. Does not apply to residential remodelers.
An officer of a business concern who may keep records of
directors' and stockholders' meetings, stock ownership,
and/or help supervise the company's legal interests.
A sheet metal contractor selects, cuts, shapes, fabricates,
and installs sheet metal, such as cornices, flashings, gutters, leaders,
pans, kitchen equipment, duct work (including insulation, patented
chimneys, metal flues, metal roofing systems, siding, and any other
installations requiring sheet metal).
A sign contractor fabricates, installs and erects electrical
signs, including the wiring of such electrical signs. License entitles
the licensee to contract for the manufacture and installation of signs
and related structures, including awnings which are directly supported
by the structure only and canvas canopies being supported by building
and vertical supports, and to paint signs on existing structures.
A solar contractor installs, modifies, maintains, and repairs
active solar energy systems. An active solar energy system consists
of components which are thermally isolated from the living space for
collection of solar energy and transfer of thermal energy to provide
electricity and/or heating and cooling of air or water. Active solar
energy systems include, but are not limited to, forced-air systems,
forced-circulation water systems, thermosiphon systems, integral collector/storage
systems, radiant systems, and evaporative cooling systems with collectors,
regenerative rock bed cooling systems, photovoltaic cells, and solar-assisted
absorption cooling systems. A licensee classified in this section
shall not undertake or perform building or construction trades, crafts
or skills, except when required to install an active solar energy
system.
A structural steel contractor fabricates and erects structural
steel shapes and plates of any profile, perimeter or cross section
that are or may be used as structural members for buildings and structures,
including the riveting, welding, rigging and metal roofing systems
necessary to perform this work. A reinforcing steel contractor fabricates,
places and ties steel mesh or steel reinforcing bars (rods) of any
profile, perimeter, or cross section, that are or may be used to reinforce
concrete structures.
A swimming pool contractor constructs swimming pools, spas
or hot tubs, including installation of solar heating equipment using
those trades or skills necessary for such construction. When a commercial
pool is installed or repaired involving the potable water system a
master plumber must be utilized.
A license is transferable if it is not limited by an agreement.
Nontransferable licenses are for the use of only the individual who
acquired such a license, and cannot be transferred from the licensee
to any other party.
The executive financial officer of a business concern.
An officer next in rank to a president and empowered to service
as president in that officer's absence or disability.
A vinyl siding and decking contractor applies or installs
all types of exterior siding including wood, wood products, vinyl,
aluminum and metal siding to new or existing buildings. This contractor
also constructs wooden decks and related handrails. This work shall
not include the construction or installation of covers or enclosures
of any kind.
An ornamental metals contractor assembles, casts, cuts, shapes,
stamps, forges, welds, fabricates and installs sheet, rolled and cast
brass, bronze, copper, cast iron, wrought iron, monel metal, stainless
steel, and/or any other metal for the architectural treatment and
ornamental decoration of structures. This classification does not
include the work of a sheet metal contractor. A welding contractor
causes metal to become permanently attached, joined and fabricated
by the use of gases and electrical energy, which creates temperatures
of sufficient heat to perform this work.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
A master contractor license shall be a license issued to a contractor
as herein defined who, by passing the required examination and tests,
has qualified as a competent master contractor.
(1)Â
In the case of a partnership, the required examination and tests
shall be taken and passed by one partner of the corporation.
(2)Â
In the case of a corporation, the required examination and tests,
shall be taken and passed by a full-time employee of the corporation,
and the contractor license shall be issued to that individual as a
representative of the corporation.
(3)Â
The following categories of contractors shall take a written
examination to determine the individual's qualifications on the
theory and practice of contracting work. (Any person wishing to sit
for a master's examination must possess a City of Erie journeyman's
license in order to be qualified to take the examination.)
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Category A General Contractors
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A001 Master general contractor A (any type of structure)
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A002 Master general contractor B (not exceeding 3 stories)
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A003 Master general contractor C (1- and 2-family dwellings)
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Sub-category AS (specialties) contractors
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AS004 Acoustical/suspended ceiling contractor
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AS005 Building maintenance serviceman (BMS)
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AS006 Commercial carpentry contractor
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AS007 Commercial remodeler/renovation
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AS008 Concrete contractor
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AS009 Drywall, lath and plastering contractor
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AS010 Floor covering contractor
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AS011 Garage door contractor
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AS012 Glass and glazing contractor
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AS013 Masonry contractor
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AS014 Painting/wall covering contractor
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AS015 Paving/sealing contractor
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AS016 Restoration contractor
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AS017 Roofing contractor
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AS018 Structural/reinforcing steel
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AS019 Vinyl siding and decking contractor
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AS020 Waterproofing contractor
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AS021 Welding structural/ornamental contractor
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Category B Mechanical Contractors
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B001 Master mechanical contractor with gas
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B002 Residential master mechanical (1- and 2-family dwellings)
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Sub-category BS (specialties) contractor
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BS003 Sheet metal contractor
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BS004 Refrigeration contractor
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BS005 Control work
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BS006 Dampers installed and repaired
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BS007 TABB technician
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Category C Electrical Contractors
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C001 Master electrical contractor
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C002 Residential master electrical contractor (1- and 2-family
dwellings)
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Sub-category CS (specialties) contractor
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CS003 Sign installer
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CS004 Fire alarm installer [See Subsection (a)(3)I.]
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CS005 Low-voltage installer
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CS006 Communication line installer
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Category D Plumbing Contractors
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D001 Master plumber with gas
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D002 Residential master plumber (1- and 2-family dwellings)
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Sub-category DS (specialties) contractor
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D003 Gas installer
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D004 Licensed water authority backflow preventer
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Category E Abatement Contractors
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E001 Asbestos abatement contractor
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E002 Lead abatement contractor
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Category F Fire Protection Contractors
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F001 Automatic fire suppression contractor
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F002 Automatic sprinkler installer
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F003 Sprinkler inspection and testing contractor
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Category G Energy Contractors
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G001 Insulation contractor
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G002 Solar contractor
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Category H Land Development Contractors
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H001 Excavating/earthwork contractor
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H002 Demolition contractor structural building
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H003 Demolition contractor explosive ordnances
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H004 Landscaping/snowplowing contractor
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H005 Swimming pool contractor
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H006 Irrigation sprinkler contractor
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H007 Fencing contractor
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H008 Stormwater detention contractor
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A.Â
Existing licensed contractors with the City of Erie after adoption
of this article must note areas of experience on a licensing application.
All applications must be submitted to the Licensing Clerk within 180
days after adoption of this article. They may only work in their own
category and subcategory listed on the license invoice, and shall
be approved by the Board and Building Code Official.
B.Â
Subcontractors working for a general contractor must have a
contractor license issued by the City.
C.Â
No license shall be transferable.
D.Â
A single license shall not be used to qualify more than one
entity to perform contracting work within the City. (i.e., An individual
who possesses a valid license shall not be permitted to perform work
as a sole proprietor and as a partner. This example is used for illustrative
purposes only and is not intended to cover every situation which may
arise under this subsection.)
E.Â
An apprentice shall be supervised by a master or journeyman.
A master or journeyman may not supervise more than one apprentice
on a commercial project. A master or journeyman may not supervise
more than three apprentices on a residential project.
F.Â
Must be in compliance to Pennsylvania Workers Compensation Laws
and Regulations.
G.Â
Must provide current evidence of contractors liability insurance
in the amount of at least $500,000.
H.Â
All master contractors must complete 3.0 CEUs per year in their
respective trade. The City of Erie reserves the right to audit contractor's
CEU information provided with each year's renewal of their license.
I.Â
Anyone who tests, checks, or programs a fire alarm system must
have a minimum Nicet Level 2 certification. Anyone who designs a fire
alarm system must have a Nicet Level 4 Certification.
J.Â
Work or construction which is performed on the following facilities
or which is by or for the following agencies shall not be included
within the business of contracting so as to require licensing under
this article:
1.Â
The connection of portable appliances to suitable permanently
installed receptacles.
2.Â
Repair, manufacturing and maintenance work on premises occupied
by a firm or corporation, and installation work on existing buildings
occupied by a firm or corporation and performed by a full-time qualified
regular employee.
3.Â
Installation, repair or maintenance performed by regular employees
of the City or a municipality, county or school district on the premises
or property owned or occupied by the City, a municipality, county
or school district.
4.Â
Plan review and permits apply.
K.Â
Existing contractors providing proof they are in business a
minimum eight years in Categories A, E, F, G, H, and all subcategories
will be grandfathered into the licensing program. This excludes the
current license holders in Categories B, C, and D with the City of
Erie and/or areas already licensed.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
License required. Except as otherwise specifically exempted by the
provisions of this article, no person shall act in the capacity of
a contractor or journeyman unless said person possesses a valid license
and is authorized to so do by a license issued in accordance with
the provisions of this article.
(b)Â
Application for license. No license shall be issued by the Building
Code Official until the applicant completes the Applicant Information
Booklet for Examination, available via City of Erie website at http://www.erie.pa.us.
(1)Â
An applicant shall be required to provide any other information
that the Board and Building Code Official deem necessary to determine
the eligibility of the applicant.
(2)Â
Application shall be received by the Office Coordinator/Licensing
Clerk within the Code Enforcement office.
(3)Â
Applicants for a master license shall possess a high school
diploma or GED. (The applicant may petition the Board for an exception.)
(4)Â
Applicants for an initial license of any type shall attain a
passing grade in such examination as the International Code Council
(ICC) requires and shall secure a license within 30 days of examination
result notification.
(c)Â
Application requirements for apprentice license. Every apprentice
shall register his/her/their name and address with the City of Erie
within 30 days of hire and must renew such registration annually.
A licensed apprentice shall only renew a maximum of eight times; extensions
may be granted with Board approval.
(d)Â
Application requirements for journeyman license. Any person applying
for a journeyman license must meet the following requirements:
(1)Â
The applicant shall have successfully completed a four-year
Pennsylvania board certified apprenticeship program with on-the-job
training and experience under the direction or instruction of a master
for no less than 8,000 hours in their respective trade.
(2)Â
A licensed apprentice, upon presenting their W-2 forms showing
satisfactory proof that they have been working as a licensed apprentice
under a licensed master contractor with the City of Erie, will qualify
to take the journeyman test.
(3)Â
After successful completion of an examination, a qualified applicant
shall be granted a journeyman license by the Building Code Official.
(4)Â
When no apprentice program exists applicants must show proof
of employment under the supervision of a master license holder for
a minimum of four years, and has the level of education comparable
to a apprentice program, or has a degree in their respective field
and two years' field experience, or has an appropriate level
of certification from a recognized, independent certifying body acceptable
to the Board and two years' field experience.
(5)Â
These requirements shall be waived if an applicant has a current
journeyman license from a competent jurisdiction whose standards are
determined to be equivalent to those of the Board. The applicant must
obtain a license within 10 working days from the City of Erie.
(6)Â
Building maintenance serviceman apprentice (BMSa) shall register
as a BMSa apprentice but may work independently under direction of
a master or journeyman.
(7)Â
Building maintenance servicemen journeyman (BMSj) shall register
as a BMSj journeyman but may work independently under direction of
a master or journeyman.
(e)Â
Application requirements for master contractor license. Any person
applying for a master contractor license in the City of Erie must
meet the following requirements:
(1)Â
The applicant must hold a current City of Erie journeyman license
for a period of four years and worked a minimum of 8,000 hours in
their respective trade before taking the master's test. This
requirement shall be waived if an applicant has a current master license
from a competent jurisdiction whose standards are determined to be
equivalent to those of the Board.
(2)Â
After successful completion of an examination, a qualified applicant
shall be granted a master contractor license by the Building Code
Official.
[Ord. 43-2022, passed 8-17-2022]
Any person presently working as a journeyman in the City in
the Building and Mechanical trades as herein defined, may make application
to the Bureau within 180 days after the passage of present amendment,
and may, without being tested, be granted a journeyman license upon
presenting their W-2 forms showing satisfactory proof that they have
been working as a journeyman for a licensed contractor in the City
in their respective trade for at least four years prior to the effective
date of this article.
[Ord. 43-2022, passed 8-17-2022]
No contractor's license shall be required by any public
utility company employee when acting within the scope of providing
public utility services. A license will be required when any public
utility company employee performs work which is outside of the scope
of providing public utility services in the capacity of a private
contractor.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
Examination fee: shall be set by the International Code Council and
paid directly to the ICC.
(b)Â
License fee.
(1)Â
Before any license shall be issued to an approved applicant,
the applicant shall pay a fee, as hereinafter provided payable to
the City of Erie. The license fee which must be paid is as follows:
|
Type of License
|
Fee
|
|---|---|
|
Master licenses
|
$300
|
|
Journeyman license
|
$100
|
|
Apprentice/helper license
|
$50
|
|
Construction manager license
|
$300
|
|
Inactive license
|
$100
|
|
One-time license
|
$600
|
|
Master's with additional license, per license
|
$5
|
|
Laborer license
|
$25
|
|
Specialties and Category E, F, G, and H
|
$150
|
|
Retired master license
|
$100
|
|
Retired journeyman
|
$50
|
(2)Â
Any license issued after December 31 is a double fee.
(c)Â
Each license shall be renewable between the first and 31st day of
December of each and every year and shall be issued for a term of
one year.
(d)Â
Each license shall continue in force only so long as the same representative
continues to be associated with the license holder.
(e)Â
When one or more licenses are issued to officers of a partnership
or corporation, only one license shall be valid during the period
of time he/she/they is an officer of that partnership or corporation.
If the active license is suspended or revoked under the provisions
of this article, no other license shall be made active which is held
by the partnership or corporation.
(f)Â
The license issued hereunder may be renewed without examination,
provided that application for such renewal is accompanied by the renewal
fee prescribed hereinafter and submitted to the City before the expiration
of the current license. In the event a license is not renewed before
March 1, the applicant must then retest to obtain the license.
(g)Â
Inactive license. All contractors may apply for an inactive license.
Any contractor who is issued the inactive license cannot apply for
any permits to do work in the City. However, they may reactive their
license by applying to the Bureau of Code Enforcement and paying the
full fee for that particular year. In order to avoid reexamination
for a license, any person who desires to maintain an inactive status
must remit the proper fees. The license shall be renewable between
the first and 31st day of December of each and every year and shall
be issued for a term of one year.
(h)Â
One-time license. Any person desiring to do contracting work in the
City of Erie who holds a current license by another state or political
subdivision not in the City of Erie may apply to the Building Code
Official for a one-time license. The Building Code Official shall
issue a one-time license, provided that the applicant holds a similar
license issued under licensing procedures equivalent to the City of
Erie, which in the discretion of the Board would merit the issuance
of such a license. The one-time license granted by the Building Code
Official and Board shall be limited to such work included in a single
project. Journeyman and apprentices must pay the fees as sets forth
in this article.
(i)Â
Construction manager firm requirements. Any person wishing to obtain
a construction manager license in the City of Erie must abide by the
following regulations:
(j)Â
By the end of the year 2010 all license holders must complete the
federal required lead worker safety class (eight hours). Failure to
obtain the required lead worker safety certification will result in
the immediate suspension of the holder's license.
[Ord. 43-2022, passed 8-17-2022]
No person shall perform any contracting work within the City
unless he first obtains a permit from the Bureau.
(a)Â
Before any permit will be issued to the applicant, the following
shall be submitted to the Building Code Official:
(1)Â
Proof of current insurance coverage.
(2)Â
Proof of property damage and public liability insurance amounting
to $500,000 per person and $1,000,000 per occurrence.
(3)Â
Proof of workers' compensation insurance, or an affidavit
that the contractor does not employ other individuals, and is not
required to carry workers' compensation insurance.
(4)Â
Where applicable the contractor must be registered with the
Attorney General's office and provide a contractor number.
(b)Â
Work started without a permit.
(1)Â
Licensed contractors shall not engage in any work requiring a permit unless a permit has been issued by the Building Code Official. Any licensed contractor who shall engage in work requiring a permit shall, if such permit has not been issued, be subject to the conditions set forth in § 333.10, Subsection (c) of this article.
(2)Â
Any unlicensed contractor who shall engage in any work for which
a permit is required and such permit has not been issued, shall not
be issued a license by the Building Code Official until a period of
one year has elapsed from the date of filing an application for a
license in addition to the penalties prescribed hereafter.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
The following acts are prohibited:
(1)Â
Abandonment or willful failure to perform without jurisdiction,
any construction 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 the consent of the owner.
(2)Â
Making any misrepresentation in the procurement of a contract,
or making false promise of character likely to influence, persuade
or induce.
(3)Â
Any fraud in the execution of, or in the material alteration
of any contract, mortgage, promissory note or other document incident
to a transaction.
(4)Â
Preparing or accepting any mortgage, promissory note or other
evidence of indebtedness upon the obligation of a transaction with
the knowledge that it recites a greater monetary obligation than the
consideration for the construction, which consideration may be a time
sale price.
(5)Â
Directly or indirectly publishing any advertisement relating
to improvements which contains an assertion, representation or 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 guides 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 improvement work with
the intent not to accept contracts for the particular work or at the
price which is advertised or offered to the public; entities convicted
of business fraud or prevailing wage violations in the past five years.
(6)Â
Willful or deliberate disregard and violation of the building
laws of this state or of this City or of the safety or labor workers
compensation insurance laws of this state, or disregard of OSHA rules
and regulations.
(7)Â
Doing any business with or through any person who is subject
to the licensing requirements of this article with the knowledge that
such person is not licensed as required.
(8)Â
Misrepresentation of a material fact by an applicant in obtaining
a license.
(9)Â
Willful failure to notify the Building Code Official of any
change of control in ownership, management or business name or location.
(10)Â
Conducting a business in any name other than the one in which
the contractor or salesman is licensed.
(11)Â
Willful failure to comply with any order, demand or requirement
lawfully made by the Building Code Official with recommendation of
the Board under the authority of this article.
(b)Â
Violation of any of the prohibitions of this section:
[Ord. 43-2022, passed 8-17-2022]
(a)Â
The Building Code Official shall have the power to refuse, suspend
or revoke any licenses issued under the provisions of this article
where the Board recommends that the licensee has violated any provisions
of this article or is performing or attempting to perform any act
prohibited by this article.
(b)Â
Any violation of any of the provisions of this article upon the part
of any director, manager, partner, officer, salesman, agent or employee
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 Board and Building Code Official that the individuals engaged
in the management of the contractor 1) had no knowledge of the wrongful
conduct, or 2) were unable to prevent the violation.
(c)Â
On a first offense, a contractor's license shall be suspended
for a period of one to three months. On the second offense, a contractor's
license shall be suspended for a mandatory six months. A third offense
shall constitute an immediate revocation of a contractor's license.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
Procedure in case of violations. Whenever the Board, Building Code
Official determines that there are reasonable grounds to believe that
there has been a violation of any provision of this article, or of
other applicable codes and ordinances, or of any rules and regulations
adopted thereto, the Building Code Official shall proceed as follows:
(1)Â
Serve notice in writing of the alleged violation which shall
be signed by the Building Code Official. Said notice shall be in writing
and shall be served personally to the responsible party; or served
by registered or certified mail with a return receipt requested; or
where such responsible party cannot be found, service may be made
by publishing such notice in a newspaper of general circulation for
a period of three consecutive days; or served by any other method
authorized under the laws of the Commonwealth of Pennsylvania.
(2)Â
Said notice shall contain the section or the reasons why the
notice is being issued, the section of the codes and/or ordinances
which have been violated and the remedial actions required.
(b)Â
Any applicant or licensed contractor aggrieved by any decision of
the Board and Building Code Official, including but not limited to
refusal or suspension of a license or permit, or any other appeal,
may appeal from such decision to the Building Code Board of Appeals
within 10 days from the date of the decision. The forms for appeal
may be obtained at the Bureau of Code Enforcement. Upon completion
of the appeal forms, they must be returned to the Building Code Official
accompanied with an applicant's fee of $600.
(1)Â
Any person aggrieved making an appeal to the Building Code Board
of Appeals will be notified when to appear before the Board within
60 days. The Board shall hold a public hearing and, upon evidence
of testimony submitted, will, within 30 days after the hearing, reach
a decision. The decision shall be in writing, stating its reasons
therefor.
(2)Â
Any person aggrieved by a decision of the Building Code Board
of Appeals, whether or not a previous party to the decision, may appeal
to the Court of Common Pleas of Erie County from such decision. Appeals
shall be made to the proper court within 30 days after the filing
of the Building Code Board of Appeals decision in the Bureau of Code
Enforcement and notification to the parties of said decision.
[Ord. 43-2022, passed 8-17-2022]
The Board, upon presentation of proper credentials, which shall
include a contractors' or master license equivalent to a licensed
as issued by the City, may issue a license to a firm not normally
doing contract work in the City, provided that an agreement of returned
privilege is reached between the City and the participating municipality.
[Ord. 43-2022, passed 8-17-2022]
Every contractor receiving a license will indemnify and hold
harmless the City, its officials, servants and employees of and from
any and all damages caused by any negligence in pursuing and protecting
his work, or by any unfaithful, imperfect or inadequate work done
by virtue of the license issued to him.
[Ord. 43-2022, passed 8-17-2022]
Any person engaged in constructing, altering or repairing a
building exclusively owned and occupied as a single-family residence
by themselves, provided that they are performing the work, shall be
allowed to obtain a permit for the above-referenced building without
being a licensed contractor, but must meet all other requirements
of the Code.
[Ord. 43-2022, passed 8-17-2022]
No person, partnership or corporation licensed under the provisions
of this article shall take out a permit in his (or its) name for use
by a person, partnership or corporation not licensed or registered
in the City to perform any work within the City. No person, partnership
or corporation licensed under this article shall perform any work
for which that person, partnership or corporation is not licensed.
Any person performing work for which they are not licensed shall forfeit
any licensed which have been granted.
[Ord. 43-2022, passed 8-17-2022]
Every contractor holding a license in the City must furnish
the Building Code Official with a certificate of insurance listing
the City as certificate holder showing proof of general liability
insurance in the minimum amount of $500,000 per occurrence and workers'
compensation insurance or an approved exemption waiver before any
permit can be issued. Any contractor who either cancels the above-mentioned
insurance policies or is canceled by the insurance company for any
reason, shall notify the City within 30 days of said cancellation.
[Ord. 43-2022, passed 8-17-2022]
(a)Â
Membership.
(1)Â
The Mayor shall appoint, with consent of City Council and upon
the recommendation of the Building Code Official, a Trades Licensing
Board for each classification of the following below. The Board shall
determine the fitness of applicants for licenses and registrations,
as well as investigate and report on all proposed suspensions or revocation
of licenses to the Director of Public Works and the Building Code
Official. The Mayor may remove any member thereof.
A.Â
Two representatives of general contractors.
B.Â
Two representatives of electrical contractors.
C.Â
Two representatives of plumber contractors.
D.Â
Two representatives of mechanical contractors.
E.Â
One representative of sheet metal workers.
F.Â
One representative of low-voltage/life safety installers.
G.Â
One representative of sprinkler contractors.
H.Â
One member of the public.
I.Â
One representative of architects/professional engineers.
(2)Â
The members of the Trades Licensing Board shall serve without
compensation but shall be reimbursed for any expenses from the City
of Erie.
(b)Â
Board terms and provisions.
(1)Â
All members must reside within Erie County.
(3)Â
As the terms of office of each of the original members of the
Board expires, their successors shall be appointed for a term of three
years.
(4)Â
Any Board member missing three meetings in succession without
a Board approved excuse shall be removed from the Board.
(5)Â
If a successor is not appointed by the Mayor at the end of a
Board member's term, their term shall be renewed automatically.
(6)Â
The Trades Licensing Board shall annually elect its own Chairman,
Vice Chairman and Secretary. A quorum shall consist of a majority
of the voting members of the Board. It shall meet 30 days following
the adoption of this article, and after, at the call of the Chairman,
or at such times as may be necessary for proper performance of its
duties, but as least once during any six-month period.
(c)Â
Duties. The Board's duties shall include:
(1)Â
Review applications for licensing of contractors and tradesman,
recommending approval or denial of applications to the City of Erie's
Building Code Official.
(2)Â
Review applications for temporary licensing and registration,
hold hearings on appeals for the issuance of temporary licenses, and
make recommendations to the City of Erie's Building Code Official
regarding temporary licenses. The Building Code Official may issue
apprentice and journeyman licenses without Board approval for temporary
licenses only. These licenses will expire 90 days after issuance.
(3)Â
Make recommendations to the City of Erie's Building Code
Official for the revocation or suspension of licenses.
A.Â
The Board shall maintain a list of all licensed contractors
and tradesman. These documents shall be open to public inspection
in accordance with rules, regulations and policies governing the inspections
of other departmental records.
B.Â
Any person who is denied a license is entitled to a hearing
before the Board after submitting a written request to the Board's
Secretary. Upon receipt of an application for a hearing, the Board
shall notify the applicant in writing of the time and place of the
hearing, which shall be held not later than 30 days after the date,
said application is received.
C.Â
The Board may extend the time period for compliance with applicable
sections of this article for an interim period not to exceed six months
from the effective date of this Code where a written request for an
extension is submitted which is based on good cause.
D.Â
The Board shall make recommendations to the City of Erie's
Building Code Official to revoke or suspend any license or registration
issued under the provisions of this Code if the Board finds that the
license or registration was obtained by fraud or misinterpretation,
or that the license or registration holder has violated any provisions
of the Uniform Construction Code or any rule or regulation adopted
pursuant thereto. Before making such findings, the Board shall afford
the license or registration holder an opportunity for a hearing before
the Board and shall give at least 30 days' notice of such hearing
to the licensee. A person whose license has been revoked shall not
be permitted to apply for reinstatement of his license within one
year from the date of revocation. Any person who applies for reinstatement
shall be required to undergo an examination as determined by the Board's
recommendation to the Building Code Official.
E.Â
The Building Code Official may not suspend or revoke a license
without the Board's recommendation. A person whose license has
been suspended or revoked may be required to undergo an examination
as shall be determined by the Board.
[Ord. 43-2022, passed 8-17-2022]
Any person, firm or corporation violating any provision of this
article or the codes hereby adopted shall, upon conviction thereof,
be guilty of a summary offense, and shall be fined not to exceed $1,000
for any one offense, recoverable with costs, together with judgment
or imprisonment not to exceed 30 days per offense if the amount of
such fines and costs shall not be promptly paid. Each day that a violation
continues shall be deemed a separate offense.
[Ord. 43-2022, passed 8-17-2022]
If any section, clause, provision or portion of this article
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this article so long as it remains legally
enforceable minus the invalid portion. The City reserves the right
to amend this article or any portion thereof from time to time as
it shall deem advisable in the best interest of the promotion of the
purposes and intent of this article and the effective administration
thereof.
[Ord. 43-2022, passed 8-17-2022]
This article is enacted by the Council of the City under the
authority of the Act of the Legislature, April 13, 1972, Act No. 62,
known as the "Home Rule Charter and Optional Plans Law," and any other
applicable law arising under the laws of the Commonwealth of Pennsylvania.
