This chapter shall be known and may be cited
as the "Upper Frederick Township Contractor Licensing Ordinance."
The following words and phrases, as used in
this chapter, shall have the meanings ascribed to them in this section
unless the context clearly indicates a different meaning. The masculine
includes the feminine, the singular includes the plural, and the plural
includes the singular.
CONTRACT
An agreement, whether oral or written, and whether contained
in one or more documents, between a contractor and an owner or another
contractor for the performance of work, including all labor, services
and materials to be furnished and performed thereunder.
CONTRACTOR
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, alterations, repairs,
site improvements, sign installation and any other residential or
nonresidential construction, or demolition or blasting work in the
Township, whether as a general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the owner.
DIRECTOR
The Director of the Office of Code Enforcement of the Township
of Upper Frederick.
LICENSE YEAR
The twelve-month period beginning the first day of January
of each year.
OWNER
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift or otherwise.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
TOWNSHIP
The Township of Upper Frederick.
The Director, or his authorized representatives,
shall administer and enforce the provisions of this chapter.
No person shall act as a contractor in the Township,
except in compliance with the provisions of this chapter. Any person,
including an owner, who willfully aids a contractor or participates
with a contractor in violating any provisions of this chapter is in
violation of this chapter. The provisions of this chapter may not
be waived by agreement.
A license issued pursuant to this chapter shall
not be construed to authorize the licensee to perform any particular
type of work or type of business which is reserved to qualified licensees
under other provisions of state or local law.
No contractor's license shall be issued unless
the applicant files a certificate of insurance with the Director at
the time of license application. The certificate of insurance shall
contain a provision that coverage's afforded under the policy will
not be cancelled until at least 15 days prior written notice of such
cancellation has been given to the Township of Upper Frederick. The
certificate of insurance must evidence policies of insurance, maintained
at the expense of the applicant, for public liability, property damage,
products liability and completed operations, each of which must have
a single occurrence limit of at least $300,000 for all contractors
and must name the Township of Upper Frederick as an additional insured.
Blasting and demolition insurance shall also be required for blasting
and demolition contractors; blasting and demolition insurance coverage
must be in the amount of $1,500,000, and must name the Township of
Upper Frederick as an additional insured for the time period involved
for the blasting or demolition permit. All types and limits of insurance
for which certificates are presented at the time of application, and
based upon which a license is issued, shall be maintained throughout
the license year, or the license will be suspended or revoked as hereinafter
set forth in this chapter. The Director must approve the responsibility
of a new insurance carrier prior to a change in a carrier during a
license year.
At the time of application for a new license or for the renewal of a current license, the applicant shall pay to the Director a license application fee, all payable to the Township of Upper Frederick, which fee shall be set by resolution of the Board of Supervisors of Upper Frederick Township. No fee, or portion thereof, shall be returned to a successful applicant. Except as provided in §
117-6C, as to custodians of licenses for organizations, no license shall be transferable.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Director of such change.
No license shall be issued or renewed under
the following circumstances:
A. If the applicant falsely answered any question or
questions contained on the application form.
B. If the applicant has been refused a similar contractor's
license, or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal; and if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C. If the applicant has been convicted, within two years
prior to the date of the application, for any crimes or offenses under
any federal or state criminal statute or common law criminal offense,
or for violation of any Township ordinance, so long as such convictions
were for crimes or offenses related to the applicant's work as a contractor.
The term "conviction" shall include guilty pleas and pleas of nolo
contendere.
D. If an unsatisfied civil judgment against the applicant
exists in any court in any jurisdiction, and if the record of such
court shows that such judgment was entered because of the applicant's
failure to complete a contract, as defined in this chapter, or if
such judgment was entered because of the applicant's failure to properly
perform a contract, as defined in this chapter.
Appeals from any decisions of the Director shall
be made within 30 days to the Board of Supervisors, who shall hold
a hearing and thereafter render a decision.
In addition to all other acts prohibited by
the terms of this chapter, those acts warranting revocation of a license
under this chapter shall also be prohibited.
In addition to refusal or revocation of a license
as provided under this chapter, any person, as defined in this chapter,
or any officer, agent, servant or employee thereof who shall fail,
neglect or refuse to comply with any of the terms or provisions of
this chapter shall, upon conviction thereof before a District Justice,
be sentenced to pay a fine or penalty not to exceed $1,000 and costs
of prosecution for each offense, to be collected as like fines or
penalties and costs are now by law collectible. The fine or penalty
imposed by this section shall be in addition to any other penalty
imposed by this chapter.