[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.
ACOUSTICAL/SUSPENDED CEILINGS
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).
APPRENTICE
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.
AUTOMATIC FIRE SUPPRESSION SYSTEM CONTRACTOR
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.
AUTOMATIC SPRINKLER SYSTEM CONTRACTOR
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.
BOARD
The Contractors and Trades Advisory Board of Licensing.
BUILDING CODE OFFICIAL
A construction code official, or the building code official's
designee, who manages, supervises, and administers the building code
enforcement activities.
BUILDING MAINTENANCE SERVICEMAN (BMS)
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.
BUREAU
The Bureau of Code Enforcement, Department of Public Works
of the City of Erie.
COMMERCIAL ROOFING CONTRACTOR
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.
CONCRETE CONTRACTOR
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.
CONSTRUCTION MANAGER
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.
CORPORATION
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, LATH AND PLASTER CONTRACTOR
(a)
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.
(b)
Lathing and plastering contractor.
(1)
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.
(2)
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.
EXCAVATING/EARTHWORK CONTRACTOR
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.
FENCING CONTRACTOR
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.
FIRE ALARM CONTRACTOR
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.
FIRE ALARM SYSTEMS, MANUAL FIRE DETECTION SYSTEMS, or AUTOMATIC
FIRE DETECTION SYSTEMS
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.
FLOOR COVERING CONTRACTOR
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.
GENERAL CONTRACTOR
(a)
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.
(b)
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.
GLASS AND GLAZING CONTRACTOR
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.
INACTIVE LICENSE
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.
INSULATION CONTRACTOR
An insulation contractor installs any insulating media and
preformed architectural materials for the purpose of temperature and/or
sound control.
JOURNEYMAN
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.
LABORER
A person under direction or instruction of a subcategory
contractor.
LANDSCAPING/SNOW PLOW 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.
LICENSEE
Any person to whom a license is issued pursuant to the provisions
of this article.
LOW-VOLTAGE CONTRACTOR
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.
MASONRY CONTRACTOR
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.
MASTER ELECTRICAL CONTRACTOR
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.
MASTER MECHANICAL CONTRACTOR
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.
MASTER PLUMBING 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.
OWNER
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.
PAINTING/WALLCOVERING CONTRACTOR
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.
PARTNERSHIP
A legal relationship existing between two or more persons
contractually associated as joint principals in a business.
PAVING CONTRACTOR
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.
PERSON
An individual, partnership, corporation, trust, association,
owner, contractor, salesman or any other legal entity.
PLUMBING CONTRACTOR
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:
(a)
Complete removal of waste from the premises or the construction
and connection of on-site waste disposal systems.
(b)
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.
(c)
All gas appliances, flues and gas connections for all systems
including suspended space heating units. This does not include forced
warm air units.
(d)
Water and gas piping from the property owner's side of
the utility meter to the structure or fixed works.
(e)
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.
(f)
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.
(g)
Stormwater management piping from structure to an engineered
retention system.
PRESIDENT
The chief officer of an organization entrusted with the direction
and administration of its policies.
REFRIGERATION CONTRACTOR
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.
RESIDENTIAL MASTER CONTRACTOR
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.
SECRETARY
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.
SHEET METAL CONTRACTOR
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).
SIGN/AWNING CONTRACTOR
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.
SOLAR CONTRACTOR
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.
STRUCTURAL/REINFORCING CONTRACTOR
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.
SWIMMING POOL CONTRACTOR
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.
TRANSFERABLE (LICENSES)
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.
TREASURER
The executive financial officer of a business concern.
VICE PRESIDENT
An officer next in rank to a president and empowered to service
as president in that officer's absence or disability.
VINYL SIDING AND DECKING
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.
WELDING STRUCTURAL/ORNAMENTAL CONTRACTOR
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]
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]
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]
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.