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.
Every contractor license 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 municipal 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.
[Amended 3-15-1989 by Ord. No. 3140]
The Director shall suspend or revoke any license issued under the provisions
of this chapter under the following circumstances:
A. If the licensee falsely answered any question or questions
contained on an application for licensing or renewal of licensing previously
submitted to the Director.
B. Failure of the licensee to maintain, during the license
year, the policies of insurance required under the provisions of this chapter.
C. If the licensee violates any of the terms or provisions
of the Township of Lower Merion Building Code or any terms or provisions of this chapter.
D. If the licensee violates any condition or requirement
of a building permit, sewer construction permit or highway permit issued by
the Township of Lower Merion.
E. If the licensee willfully deviates from or disregards
any plans or specifications for any contracting job in any material respect
without first obtaining the consent of the owner in writing to any such change
and without first notifying the Director of any such change.
F. If the licensee does any business through any person
who is subject to the licensing requirements of this chapter and who is not
licensed as required by this chapter.
G. If the licensee conducts a contractor's business
in the Township under any name other than that under which he is licensed.
H. If the licensee fails to comply with an order, demand
or requirement lawfully made by the Director under the authority of this chapter
or any other Township ordinance.
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 acts under this chapter.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988
by Ord. No. 3104]
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 of not exceeding
$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.