Council finds it to be in the best interest of City residents that persons or firms who engage in construction, repairs, remodeling, rehabilitation or demolition, and operate as general contractors, subcontractors, specialty contractors or home improvement contractors be required to obtain a license from the City for such purpose, to the end that only responsible and qualified persons shall be permitted to engage in such business in the City.
[HISTORY: Adopted by the City of Council of the City of Chester 11-30-1971 by Ord. No. 60-1971 (Art. 1721 of the 1978 Codified Ordinances). Amendments noted where applicable.]
A.
No person or firm may engage in or transact any building construction, repairs, remodeling, rehabilitation or demolition business, or hold out to the public as doing such business, or solicit such business in the City, except in compliance with the applicable provisions of this chapter.
B.
No person or firm may engage in this City in any trade or practice, or other act prohibited by any provision of this chapter. Any person or firm who willfully participates in a prohibited act or violation is subject to the criminal penalty therefor. The provisions of this chapter may not be waived by agreement.
A.
A license issued pursuant to this chapter shall not be constructed to authorize the licensee to perform any particular type of work or kind of business which is reserved to other qualified licensees under other provisions of State or local law; nor shall any licensee other than is issued or permitted pursuant to this chapter authorize engaging in building construction, repairs, remodeling, rehabilitation, demolition or home improvement business in this City.
B.
This chapter shall not apply to the official transactions of an authorized representative of the United States of America or an instrumentality thereof; of any state, District of Columbia or territory of the United States; or of any City or county thereof; or of any instrumentality of a state of political subdivision thereof.
As used in this chapter certain terms are defined as follows:
Means an agreement, whether oral or written, or contained in one or more documents, between a contractor and an owner for the performance of work, and includes all labor, services and materials to be furnished and performed thereunder.
Means any person, other than a bona fide employee of the owner, who undertakes or offers to work, whether or not such person is licensed or subject to the licensing requirements of this chapter and whether or not such person is a prime contractor or subcontractor with respect to the owner.
Means any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor, subcontractor, specialty contractor or home improvement contractor, or the person entitled to do the work of such pursuant to a contract.
Includes an individual, partnership, corporation, trust, association, owner, contractor, salesman or other legal entity.
A.
There is created a Contractors' Licensing Board to consist of three members, two of whom shall be appointed by the Mayor for terms of three years. The third member of the Board shall be the incumbent City Building Official.
B.
It is the duty of the Board to administer and provide for the enforcement of all the provisions of this chapter, and specifically to issue licenses to all applicants who are duly qualified under and who comply with the provisions of this chapter, and to refuse licenses or suspend or revoke licenses issued to persons who do not qualify or comply. The City Building Official is authorized to issue licenses upon proper application and payment of the license fee.
Except as otherwise specifically exempted by the provisions of this chapter, no person shall act in the capacity of general contractor, subcontractor, specialty contractor or home improvement contractor unless authorized to do so by a valid license issued in accordance with the provisions of this chapter.
No contractors' license shall be required of any person when acting in the particular capacity or type of transaction as follows:
A.
An individual who performs labor or services for a contractor for wages or salary.
B.
Any person who is required by State or local law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, and who is acting exclusively within the scope of the craft or profession for which he is currently licensed pursuant to such other law.
A.
When an application has been filed with the Contractors' Licensing Board in proper form, the Board shall, within 30 days following the date the application is received, issue or refuse the appropriate contractors' licenses to the applicant. If an application for a license is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the license.
B.
An applicant for any license required by the provisions of this chapter shall file a written application which shall be signed under oath. The application shall require the names of owners, stockholders, partners, directors and officers of any applicant, and the business addresses and trade names of the applicant.
C.
Every contractor licensee shall notify the Board within 10 days after a change in control of ownership or management, or of a change of address or trade name.
D.
Licenses of all contractors shall expire on December 31 following the date of issue unless the license is sooner revoked or suspended. Upon payment of the annual license fee, as prescribed by § 199-6, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect unless the license is sooner revoked or suspended by the Board.
For the protection of City residents, no license shall be issued or continued where:
A.
The Contractors' Licensing Board shall have the power to refuse, suspend or revoke any licenses issued under the provisions of this chapter where the Board finds that the licensee has violated any provisions of this chapter or is performing or attempting to perform any act prohibited by this chapter.
B.
Any violation of any of the provisions of this chapter upon the part of any director, manager, partner, officer, salesman, agent or employee of a contractor licensee shall be cause for suspension or revocation of the license unless it appears to the satisfaction of the Board that the individuals engaged in the management of the contractor had no knowledge of the wrongful conduct or were unable to prevent the violation.
A.
The Contractors' Licensing Board shall suspend or revoke any license or authority to do business only after hearing. At least 10 days prior to the date set for the hearing, the Board shall notify the licensee in writing of any charge made, and afford the licensee an opportunity to be heard in person and by counsel in reference thereto. Such written notice shall be served by delivery of the same to the licensee by registered mail to the business address of such licensee of record with the Board. The hearing on such charges shall be at such time and place as the Board prescribes.
B.
If the Board determines that any licensee is guilty of any violation of any of the provisions of this chapter, the authority of the licensee to do business may be revoked or suspended for such period of time as shall be determined by the Board.
C.
If a license is refused, the applicant may within 10 days from the date a notice of refusal is mailed, request a hearing. Such hearing shall be held within 30 days from the date of the request, and the Board shall render its decision within 20 days following the hearing.
A.
The following acts are prohibited:
(1)
Abandonment or willful failure to perform without justification, any contract or project engaged in or undertaken by a contractor; or willful deviation from or disregard of plans or specifications in any material respect without obtaining the consent of the owner in writing, and providing the City Building Official of notification of such changes.
(2)
Making any substantial misrepresentation in the procurement of a contract, or making any false promise of character likely to influence, persuade or induce.
(3)
Any fraud in the execution of, or in the material alteration of any contract, mortgage, promissory note or other document incidental to contractual transaction.
(4)
Preparing or accepting any mortgage, promissory note or other evidence of a contractual transaction with knowledge that it recites a greater monetary obligation than the consideration for the work to be performed, which consideration may be a time sale price.
(5)
Directly or indirectly publishing any advertisement relating to work or services which contain 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 work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(6)
Willful or deliberate disregard and violation of the Commonwealth or City building laws, or of the Commonwealth safety or labor, or workmen's compensation insurance laws.
(7)
Doing any business with or through any person who is subject to the licensing requirements of this chapter with the knowledge that such person is not licensed as required.
(8)
Misrepresentation of a material fact by an applicant in obtaining a license.
(9)
Willful failure to notify the Contractors' Licensing Board of any change of control in ownership, management or business name or location.
(10)
Conducting a business in any name other than the one in which the contractor or salesman is licensed.
(11)
Willful failure to comply with any order, demand or requirement lawfully made by the Board under and within the authority of this chapter.
B.
Violations of any of the prohibitions of this chapter shall:
[Amended 6-13-1996 by Ord. No. 19-1996]
A.
All journeymen engaged in a trade not currently covered by any other ordinance or licensing provision by the City shall be required to obtain a journeyman's license issued under the provisions of this Code for license issuance and shall pay an annual license fee of $25.
B.
All licenses issued under the provisions of this Code shall be effective from January 1, of the current calendar year until December 31 of the same year.
C.
Any journeymen applying for an examination for a license, shall pay an application fee of $5, such amount to be credited toward the license fee. In the event that the applicant does not pass the examination or fails to attend the scheduled examination, the application fee is forfeited.
[Amended 6-6-1990 by Ord. No. 4-1990]
A.
Any person who knowingly and willfully engages in building construction, repairs, remodeling, rehabilitation or demolition without obtaining a license as required by this chapter and who is not otherwise exempted from such licensing requirement, and any person who continues in business as a contractor after revocation or during suspension, shall upon conviction in a summary proceeding, be fined not more than $1,000 for each separate violation and costs and, in default of payment thereof, shall be imprisoned for not more than 90 days.
B.
Any person who knowingly and willfully violates any provision of this chapter in addition to any administrative penalty otherwise applicable thereto shall, upon conviction in a summary proceeding, be fined not more than $1,000 for each separate violation and costs and, in default of payment thereof, shall be imprisoned for not more than 90 days.