[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion 12-15-1976 by Ord. No. 1780.
Amendments noted where applicable.]
A.
CONTRACT
CONTRACTOR
DIRECTOR
LICENSE YEAR
OWNER
PERSON
TOWNSHIP
The following words and phrases, as used in this chapter,
shall have the meanings ascribed to them in this section, unless the context
indicates a different meaning.
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.
Any person, other than a bona fide employee of the owner, who undertakes
or offers to perform construction, repair, reroofing, remodeling, rehabilitation,
demolition, paving and any other residential or nonresidential construction
or demolition work in the Township, whether as a general contractor, subcontractor,
specialty contractor or home improvement contractor with respect to the owner.
The Director of Building and Planning of the Township of Lower Merion.
[Amended 1-19-2002 by Ord. No. 3631]
The twelve-month period beginning the first day of January of each
year.
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.
Any individual, partnership, limited partnership, association, corporation,
trust or other legally recognizable entity.
The Township of Lower Merion.
B.
The masculine includes the feminine; the singular includes
the plural and the plural includes the singular.
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.
A.
For the license year beginning January 1, 1977, and for
each license year thereafter, every person desiring to continue to engage
in or hereafter to begin to engage in the business of acting as a contractor
in the Township shall, on or before the first day of January of the license
year or prior to commencing business in such license year, make application
for a license to act as a contractor in the Township. Such application shall
be made by the completion of an application furnished by the Director and
the payment of a license fee as hereinafter set forth in this chapter. Each
application must contain information as set forth hereafter in this chapter,
and each applicant must present satisfactory proof of insurance as set forth
hereafter in this chapter. Each application for a license shall be signed
by the applicant, if a natural person, and in the case of an association or
a partnership, by a member or partner thereof, and in the case of a corporation,
by an officer thereof.
B.
Each successful applicant shall be issued a license,
which license shall be in the form of a wallet-size card and in the form of
a vehicle bumper sticker. Every licensed contractor, while actually acting
as a contractor in the Township, shall carry said license card with him and
shall display it to the Director or his representatives upon demand to do
so. Every licensed contractor shall at all times display his bumper sticker
license on the rear bumper of the vehicle he primarily uses in his activities
as a contractor.
C.
All contractors' licenses shall expire at midnight
on December 31 of each license year unless the license is revoked or suspended
prior thereto under the terms of this chapter. A person with an unexpired
license which has not been revoked or suspended during the current license
year, who makes application for a license for the following license year,
need not complete an application form, but must only submit the required license
fee; and if he qualifies for licensing and renewal under the terms of this
chapter, his license shall be renewed for the following license year and he
will be issued a new license card and bumper sticker for the following license
year. Any contractor carrying on the business of contractor in the Township
must secure a license under the terms of this chapter for each license year
during which he carries on such business.
A.
The provisions of this chapter shall not apply to the
official transactions of any authorized representative of the government of
the United States, any state or commonwealth of the United States, any political
subdivision of any state or commonwealth or any agency or instrumentality
of the foregoing governments.
B.
No contractor's license shall be required of any
person when acting in a particular capacity or particular type of transaction
as follows:
(1)
A person who performs labor or services for a contractor
for wages or salary.
(2)
A person who is required by other state or local law
to attain standards of competency or experience, and who must obtain licensing
under such other state or local law, as a prerequisite to engaging in a craft
or profession, and who is acting exclusively within the scope of such craft
or profession for which he is currently licensed pursuant to such other law.
A.
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 coverages afforded under the policy will not be canceled until at least
15 days' prior written notice of such cancellation has been given to
the Township of Lower Merion. 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. Blasting and demolition
insurance shall also be required for blasting and demolition contractors,
and the regional limits of such insurance shall be determined by the Director
at the time of application, based on the nature and extent of the applicant's
proposed operations.
[Amended 3-15-1989 by Ord. No. 3140]
B.
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 new insurance carriers prior to a change
in a carrier during a license year.
A.
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, payable to the Township of Lower Merion, as set forth in
the Township Schedule of Fees[1] as adopted and amended from time to time by the Board of Commissioners.
[Amended 9-21-1977 by Ord. No. 1802]
B.
No fee or portion thereof shall be returned to a successful
or unsuccessful applicant.
A.
When an application has been filed with the Director
in proper form, the Director must, within a period of 30 days from the date
following the date the application is received, issue or refuse to issue the
appropriate contractor's license to the applicant. If issuance of a license
is denied, the Director shall mail to the unsuccessful applicant a written
statement setting forth the reason or reasons for the denial, within the aforesaid
thirty-day period.
B.
The application for a license shall be a printed form,
provided to the applicant by the Director, and the application shall require
a written answer to all questions contained thereon. Failure to answer all
questions on the application form shall mean that the applicant is not entitled
to consideration of his application until he has answered all questions. The
application form shall be signed by the applicant under oath. The questions
and information requested on the application form shall include, but shall
not be limited to, the following:
(1)
The names of owners, partners, directors and officers
of the applicant, and the business address and trade names of the applicant.
(2)
A statement as to whether or not any municipalities have
refused to issue or have revoked any similar contractor's license of
the applicant within two years previous to the date of the application. In
the event that there has been such a denial or revocation, the applicant must
explain in writing the reasons for such denial or revocation.
(3)
A listing of all previous contractor's jobs completed
or accepted by the applicant within two years prior to the application, along
with a statement of the location of the jobs and the names, addresses and
telephone numbers of the party or parties who contracted with the applicant
for such jobs.
(4)
A listing of all convictions 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 or contracts as a contractor.
The term "conviction" shall include guilty pleas and pleas of nolo contendere.
If any such convictions exist, the applicant shall give, in writing, the caption,
court and term number of the proceeding leading to the conviction. The applicant
shall also explain, in writing, the nature of the conviction.
(5)
A listing of all unsatisfied civil judgments in any jurisdiction
against the applicant, if such civil judgments were on a lawsuit in which
it was alleged that the applicant failed to complete a contract as defined
in this chapter or improperly performed a contract as defined in this chapter.
The applicant shall give, in writing, the caption, court and term number of
the civil action upon which any such judgments were entered, and shall explain
in writing the nature of all such civil judgments.
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.
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.[2]
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.
