[HISTORY: Adopted by the Borough Council
of the Borough of Sayre as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Athens-Sayre Joint Code Enforcement Agency — See
Ch. 3.
Building construction — See Ch. 55.
[Adopted 1-15-1990 by Ord. No. 661; amended
in its entirety 12-19-1994 by Ord. No. 722]
A.
BOROUGH
CODE ENFORCEMENT OFFICER
CONTRACT
CONTRACTOR
OWNER
PERMIT YEAR
PERSON
The following words and phrases, as used in this article,
shall have the meanings ascribed to them in this section, unless the
context indicates a different meaning:
The Borough of Sayre.
The Code Enforcement Officer of the Borough of Sayre.
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 in pursuit of full-time independent business for compensation
undertakes to perform a job or piece of work, retaining in himself/herself
control of means, method and manner of accomplishing the desired result
and who undertakes or offers to perform any of the following services:
backhoe operation, bulldozing, building additions, construction of
any structure, including decks, porches, garages and out buildings,
concrete installation, demolition, drainage, driveways, drywall, electrician
work, excavation, fencing, fertilizer, foundation work, gutters, heating
and air conditioning, hauling and removal for building renovation,
kitchen and bath installation, mason, brick and stone installation,
landscaping and professional lawn care, painting, paper hanging, patios,
paving, plumbing, professional cleaning services interior and exterior,
power washing, remodel, repair, replacement of windows and doors,
roadways, roofing, septic systems, sewer installation, sidewalks,
siding, sign installation, site preparation, snow removal utilizing
an attached plow to a motorized vehicle (excluding small sidewalk
tractors and riding lawn mowers), swimming pools, topsoil, tree removal,
tree trimming, utilities, waterproofing, well drilling; whether as
a general contractor, subcontractor, specialty contractor or home
improvement contractor with respect to the owner.
[Amended 11-16-1998 by Ord. No. 764]
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.
The twelve-month period beginning the first day of January
of each year.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
B.
The masculine includes the feminine, the singular
includes the plural and the plural includes the singular.
C.
Purpose.
(1)
The purpose of this article is to require the registration of all
contractors in the Borough who perform commercial work or work that
is not included in the definition of home improvement as defined under
the Home Improvement Consumer Protection Act.[1] The article also provides verification of all contractors
both commercial contractors and home improvement contractors concerning
their Workers' Compensation Insurance under § 302 (see
the Act of June 2, 1915, P.L. 736, No. 338) and verification of the
Borough liability insurance requirements that was adopted in December
19, 1994, in accordance with the provisions in the article.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
(2)
HOME IMPROVEMENT
(a)
[1]
[2]
[3]
(b)
[1]
[2]
[3]
[4]
[5]
[6]
[a]
[b]
[7]
[8]
The article also requires the contractor registration of all contractors
who perform work; however, it does not include home improvement contractors
who perform work activity in the definition of the home improvement
as set forth in the Home Improvement Consumer Protection Act. The
home improvement contractor must provide state of registration, verification
of workers' compensation insurance, and compliance with the Borough's
liability insurance. The term "home improvement" is defined as:
The term includes all of the following done in connection with
land or a portion of the land adjacent to a private residence or a
building or a portion of the building which is used or designed to
be used as a private residence for which the total cash price of all
work agreed upon between the contractor and owner is more than $500.
Repair, replacement, remodeling, demolition, removal, renovation,
installation, alteration, conversion, modernization, improvement,
rehabilitation or sandblasting.
Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under Subsection (b)[6], painting, doors and windows and waterproofing.
Without regard to affixation, the installation of central heating,
air conditioning, storm windows or awnings.
The term does not include:
The construction of a new home.
The sale of goods or materials by a seller who neither arranges
to nor performs, directly or indirectly, any work or labor in connection
with the installation or application of the goods or materials.
The sale of services furnished for commercial or business use
or for resale, if the service takes place somewhere other than at
a private residence.
The sale of appliances, including stoves, refrigerators, freezers,
room air conditioners and others which are designed for and are easily
removable from the premises without material alteration.
Any work performed without compensation by the owner of the
owner's private residence or residential rental property.
Any work performed by a landscaper certified by the Department
of Agriculture under the Act of December 16, 1992 (P.L. 1228, No.
162), known as the Plant Pest Act,[2] except to the extent that the work involves any of the
following at a private residence:
The construction, replacement, installation or improvement of
buildings, driveways, swimming pools, porches, garages, roofs, siding,
insulation, solar energy systems, security systems, flooring, patios,
nondecorative fences, doors, lighting systems, concrete walkways and
windows.
The placement of retaining walls, fountains or drainage systems.
Emergency work pursuant to § 7 of the act of December
17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices
and Consumer Protection Law.[3]
The conversion of existing commercial structures into residential
or noncommercial structures.
The Code Enforcement Officer or his authorized
representatives shall administer and enforce the provisions of this
article.
No person shall act as a contractor in the Borough
except in compliance with the provisions of this article. Any person,
including an owner, who willfully aids a contractor or participates
with a contractor in violating any provisions of this article is in
violation of this article. The provisions of this article may not
be waived by agreement.
[Amended 3-26-2001 by Ord. No. 802; 1-23-2014 by Ord. No.
905; 4-24-2014 by Ord. No. 907; 12-21-2016 by Ord. No. 939; 12-18-2019 by Ord. No. 962]
The review board shall be the Sayre Code Review Board appointed
by the Sayre Borough Council which will hear all appeals of the Code
Enforcement Officer’s decision to approve, deny or revoke a
permit. All appeals shall be filed within 30 days of notice of the
denial or revocation. Said Appeals Board shall consist of three members
appointed by Council for initial terms of one year, two years, and
three years. Thereafter each Board member shall, upon the approval
by Council, serve a term of five years. The qualifications for the
Board will be determined based on the recommendation by the Borough
Council who are qualified by experience and training to pass on matters
pertaining to occupations requiring a permit. The Borough Council
fee shall be $750 plus costs and may be amended from time to time
by the municipality for the administration and appeals undertaken
pursuant to this chapter and the Code shall be established by the
governing body by resolution.
[Amended 5-20-1998 by Ord. No. 761; 10-18-1999 by Ord. No. 768; 3-26-2001 by Ord. No. 802; 1-23-2014 by Ord. No. 905]
A.
For purposes of this section, if the contractor is only performing
work as defined as a "home improvement" under the Home Improvement
Consumer Protection Act,[1] then they will provide all employees and subcontractor's
information required of all contractors and pay an administration
fee for verification of workers' compensation insurance and proof
of Borough's liability insurance. Any home improvement contractor
who does not register as a contractor will not be allowed to perform
any contracting work that is not included in the "home improvement"
definition (i.e., commercial work).
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
B.
Each successful applicant shall be issued a permit or insurance verification
certification for the calendar year. Every permitted contractor, while
actually acting as a contractor in the Borough, shall carry said permit
or insurance verification certification or a copy of the same with
him and shall display it to the Code Enforcement Officer or his representatives
upon demand to do so.
C.
All contractors' permits or insurance verification certification
shall expire on December 31 each year unless the permit or insurance
verification certification is revoked or suspended prior thereto under
the terms of this article. Any contractor carrying on the business
of contractor in the Borough must secure a permit or insurance verification
certification under the terms of this article for each permit year
during which he carries on such business.
D.
Beginning on January 1, 1995, and every year thereafter, the Borough
of Sayre will operate a permitting program. If the contractor's
permit or insurance verification certification expires, any requests
for a new permit or insurance verification certification will be considered
a new request and not a renewal.
E.
Any contractor or owner demolishing a structure will be required
to inform the Code Enforcement Officer as to how the material is going
to be disposed of, and the disposal must be in accordance with the
Department of Environmental Protection regulations.
A.
The provision of this article 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 permit shall be required by 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)
This provision does not affect existing licensing standards in effect
on the effective date of this act, with respect to electricians and
plumbers and other trades, where licensing is conditioned on requirements
of testing or possession of certificates obtained through specific
training in electricity or plumbing or other trades. However, electricians
and plumbers and other trades must have insurance verification of
workers' compensation and the Borough's liability insurance.
[Amended 1-23-2014 by Ord. No. 905]
A.
No contractor's permit shall be issued unless the
applicant files a certificate of insurance with the Borough at the
time of permit application. The certificate of insurance shall contain
a provision that coverages afforded under the policy will provide
notice of cancellation to the Borough within three business days of
the cancellation. The certificate of insurance must show evidence
of policies of insurance, maintained at the expense of the applicant,
for comprehensive general liability or manufacturer's and contractor's
liability, each of which must have a single occurrence and aggregate
limit of at least $500,000. The contractor is also required to maintain
property damage, bodily injury, products liability and completed operations
insurance, each of which must have a single occurrence and aggregate
limit of at least $500,000. Blasting and demolition insurance shall
also be required for blasting and demolition contractors, and the
reasonable limits of such insurance shall be determined by the Code
Enforcement Officer at the time of application based on the nature
and extent of the applicant's proposed operations.
[Amended 3-26-2001 by Ord. No. 802]
B.
All types and limits of insurance for which certificates
are presented at the time of application and based upon which a permit
is issued shall be maintained throughout the permit year, or the permit
will be suspended or revoked as hereinafter set forth in this article.
C.
Effective September 1, 1993, the Borough of Sayre
will no longer issue a building permit to a contractor, subcontractor
or resident (i.e., plumber, electrician, mason, heating, ventilation/air-conditioning
repairman, etc.) who has not demonstrated current coverage and compliance
with the requirements of the Workers' Compensation Reform Act 44 of
1993[1] by filing with the office of the Code Enforcement Officer
one of the following:
(1)
A certificate of insurance issued by his insurance
carrier as proof of workers' compensation insurance for his employees.
(2)
A certificate of self-insurance from the Department
of Labor and Industry.
(3)
A notarized affidavit of exemption from workers' compensation
insurance stating that he will not hire any employees to work on the
construction project.
(4)
Registration via company letterhead or billhead, including
address and phone number (post office box not acceptable), of his
federal or state identification number.
[1]
Editor's Note: See 77 P.S. § 1 et
seq.
D.
Exemption for Borough resident not employing contractor.
(1)
Borough residents and/or homeowners please note: If
residents and/or homeowners will be performing the work, they must
file a notarized affidavit of exemption from workers' compensation
insurance stating that they will not hire/employ any individual or
subcontractor on the construction project.
E.
Building permit information requirements. Under the
Workers' Compensation Act, every building permit issued by the Borough
to a contractor, subcontractor or resident shall clearly set forth
one of the following:
(1)
The name and workers' compensation policy and the
contractor's and/or subcontractor's federal or state employee identification
number.
(2)
The contractor's federal or state employer identification
number and the substance of the affirmation that the applicant is
not permitted to employ any individual to perform work pursuant to
the building permit.
(3)
The resident's and/or homeowner's notarized affirmation
that he will not employ any individual to perform work pursuant to
the building permit.
F.
These certificates shall be filed with the Borough's
copy of the building permit. Upon issuance of a building permit, the
Borough will be named as a workmen's compensation policy certificate
holder. The issuer of the policy, the worker's compensation insurance
carrier, must inform the municipality within three working days of
any change in or termination of coverage.
G.
If the Borough receives notice that the contractor
or resident has had coverage terminated, has lost state-approved self-insurance
status or has employed persons without providing coverage, the Borough
must and will, under the Workers' Compensation Act, issue a stop-work
order. The stop-work order may not be lifted until the contractor
and/or subcontractor obtains proper coverage.
A.
At the time of application for a new permit or for
the renewal of a current permit, the applicant shall pay to the Code
Enforcement Officer a nonrefundable permit application fee, payable
to the Borough Council, as set forth in the Borough Schedule of Fees
as adopted and amended from time to time by the Sayre Borough Council.[1]
[Amended 3-26-2001 by Ord. No. 802; 12-18-2019 by Ord. No.
962]
[1]
Editor's Note: The schedule of fees is on
file in the office of the Borough Secretary, where it may be examined
during regular business hours.
B.
All contractors who renew their permit annually prior
to the commencement of construction shall pay the annual permit fee
as set forth in the Borough Schedule of Fees adopted and amended from
time to time by the Sayre Borough Council.[2]
[Amended 3-26-2001 by Ord. No. 802]
[2]
Editor's Note: The schedule of fees is on
file in the office of the Borough Secretary, where it may be examined
during regular business hours.
C.
All contractors who commence construction without
a contractor's permit or without renewing their contractor's permit
shall pay, in addition to the contractor's permit fee, a late registration
fee as set forth in the Borough Schedule of Fees adopted and amended
from time to time by the Sayre Borough Council.[3]
[Added 12-9-1996 by Ord. No. 741; amended 10-18-1999 by Ord. No.
768]
[3]
Editor's Note: The schedule of fees is on
file in the office of the Borough Secretary, where it may be examined
during regular business hours.
D.
All contractors or owners who commence construction
or activity requiring a building/zoning permit without obtaining a
permit from the Code Enforcement Officer shall pay a late fee as set
forth in the Borough Schedule of Fees adopted and amended from time
to time by the Sayre Borough Council.[4]
[Added 10-18-1999 by Ord. No. 768]
[4]
Editor's Note: The schedule of fees is on
file in the office of the Borough Secretary, where it may be examined
during regular business hours.
E.
If an applicant is a home improvement contractor only they will only
pay an administration fee for insurance verification and receive and
insurance verification certification and shall be subject to no other
payment obligations under this section. The administration fee shall
be $125 and will be amended from time to time by the municipality
for the administration and enforcement undertaken pursuant to this
chapter and the Code shall be established by the governing body by
resolution.
[Added 1-23-2014 by Ord. No. 905; amended 4-24-2014 by Ord. No.
907]
(1)
However, the home improvement contractor will be subject to the annual
insurance verification requirements, payment of an insurance verification
fee if they commence construction without insurance verification,
and payment of a late fee for starting construction without a building
permit or a zoning permit. The administration late fee shall be $250
and may be amended from time to time by the municipality for the administration
and enforcement undertaken pursuant to this chapter and the Code shall
be established by the governing body by resolution.
[Amended 1-23-2014 by Ord. No. 905]
A.
When an application has been filed with the Code Enforcement Officer
in proper form, the Code Enforcement Officer 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 permit
to the applicant. If issuance of a permit is denied, the Code Enforcement
Officer shall mail to the unsuccessful applicant a written statement
setting forth the reason or reasons for the denial within the aforesaid
thirty-day period and a refund of the application fee. The rejected
applicant shall be entitled to request a hearing form the Sayre Code
Appeals Board of the Borough Council within 30 days to appeal the
Code Enforcement Officer's decision. The same procedure will
apply to a home improvement contractor who is denied a verification
of their insurance because they did not have workers' compensation
insurance if required or did not have the Borough-required $500,000
liability insurance.
B.
The application for a permit shall be a printed form, provided to
the applicant by the Code Enforcement Officer, 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. Solicitors
as defined in the Borough Peddling and Soliciting Ordinance as solicitors
or transient merchants.
(2)
Procedures for registration as a contractor. Application:
(a)
A person shall apply to the Office of Code Enforcement in writing
or electronically via a secure Internet connection, if permitted by
the Office of Code Enforcement, on a form provided by the Office of
Code Enforcement. The application shall include the following information:
[1]
For an individual applicant, all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and home telephone number.
[d]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Office of Code Enforcement.
[e]
Business name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Copy of home improvement application and license.
[h]
Social Security number.
[i]
All prior business names and addresses of home
improvement businesses operated by the individual.
[2]
For a general partnership applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of each partner.
[c]
Home address and home telephone number of each
partner.
[d]
Driver's license number or a copy of an identification
card issued by the state in which the partner resides, of each partner.
[e]
Partnership name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social Security number of each partner.
[h]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[3]
For a corporation, limited liability company or limited partnership,
all of the following:
[a]
Name of each officer, manager and general partner.
[b]
Date of birth of each officer, manager and general
partner.
[c]
Home address and home telephone number of each
officer, manager and general partner.
[d]
Driver's license number or a copy of an identification
card issued by the state in which the individual resides, of each
officer, manager and general partner.
[e]
Entity's name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social Security number of each officer, manager
and general partner.
[h]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[i]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[4]
For an out-of-state corporation, limited liability or limited
partnership, the name and address of the entity's resident agent
or registered office provider within this commonwealth and any registration
number or license number issued to the entity by its home state or
political subdivision of such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(3) shall also be provided.
[6]
A complete description of the nature of the contracting business
of the applicant.
[7]
A statement whether:
[a]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[b]
The applicant's certificate or a similar certificate
or license issued by any other state or political subdivision thereof
has ever been revoked or suspended pursuant to an order issued by
a court of competent jurisdiction and, if so, the current status of
the certificate or similar certificate or license. The statement required
by this clause shall include the same information with respect to
any other business in which the person making application has or has
ever had an interest.
[8]
Whether within the last 10 years the applicant has ever been
suspended or debarred from participating in any federal, state, local
or not-for-profit program through which public funding or other assistance
is provided to owners for home improvements.
[9]
Proof of liability insurance covering personal injury in an
amount not less than $500,000 and insurance covering property damage
caused by the work of a home improvement contractor or commercial
contractor in an amount not less than $500,000. For the purpose of
this subsection, proof of insurance may include information attested
to by an applicant that the applicant is self-insured and the Office
of Code Enforcement shall develop forms for this purpose and make
them available to applicants. The Office of Code Enforcement may determine
the sufficiency of the self-insurance and the manner in which it is
maintained in compliance with this act.
(b)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Office of Code Enforcement requests such information.
(3)
For insurance verification purposes, all contractors shall be required
to provide a list of employees and subcontractors to the Borough Council
for each project that a permit is issued for. Each employee or subcontractor
shall be required to possess employer information which shall include
name, address, and telephone number of their employer. Each employee
or subcontractor shall also be required to have in their possession
a valid driver's license or identification card that shall include
the employee or subcontractor's name and address. Home improvement
contractors will have to provide their current home improvement contract
registration number.
[Amended 12-18-2019 by Ord. No. 962]
Every contractor permittee shall, within 10
days after a change in ownership, directors, officers, management,
address or trade name, notify the Code Enforcement Officer of such
change.
No permit 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.
The application for a permit shall be a printed form, provided to
the applicant by the Code Enforcement Officer, 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, officers, and solicitors of the applicant and the business address and trade names of the applicant. Note: Solicitors are defined under Chapter 125, Peddling and Soliciting.
(2)
Procedures for registration as a contractor. Application.
(a)
A person shall apply to the Office of Code Enforcement in writing
or electronically via a secure Internet connection, if permitted by
the Office of Code Enforcement, on a form provided by the Office of
Code Enforcement. The application shall include the following information:
[1]
For an individual applicant, all of the following:
[a]
Name.
[b]
Date of birth.
[c]
Home address and home telephone number.
[d]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Office of Code Enforcement.
[e]
Business name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social Security number.
[h]
All prior business names and addresses of home
improvement businesses operated by the individual.
[2]
For a general partnership applicant, all of the following:
[a]
Name of each partner.
[b]
Date of birth of each partner.
[c]
Home address and home telephone number of each
partner.
[d]
Driver's license number, or a copy of an identification
card issued by the state in which the partner resides, of each partner.
[e]
Partnership name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social Security number of each partner.
[h]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[3]
For a corporation, limited liability company or limited partnership,
all of the following:
[a]
Name of each officer, manager and general partner.
[b]
Date of birth of each officer, manager and general
partner.
[c]
Home address and home telephone number of each
officer, manager and general partner.
[d]
Driver's license number, or a copy of an identification
card issued by the state in which the individual resides, of each
officer, manager and general partner.
[e]
Entity's name, address and telephone number.
[f]
Federal employer identification number, if applicable.
[g]
Social Security number of each officer, manager
and general partner.
[h]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[i]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[4]
For an out-of-state corporation, limited liability or limited
partnership, the name and address of the entity's resident agent
or registered office provider within this commonwealth and any registration
number or license number issued to the entity by its home state or
political subdivision of such other state, if applicable.
[5]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection B(2) shall also be provided.
[6]
A complete description of the nature of the contracting business
of the applicant.
[7]
A statement whether:
[a]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[b]
The applicant's certificate or a similar certificate
or license issued by any other state or political subdivision thereof
has ever been revoked or suspended pursuant to an order issued by
a court of competent jurisdiction and, if so, the current status of
the certificate or similar certificate or license. The statement required
by this clause shall include the same information with respect to
any other business in which the person making application has or has
ever had an interest.
[8]
Whether within the last 10 years the applicant has ever been
suspended or debarred from participating in any federal, state, local
or not-for-profit program through which public funding or other assistance
is provided to owners for home improvements.
[9]
Proof of liability insurance covering personal injury in an
amount not less than $500,000 and insurance covering property damage
caused by the work of a home improvement contractor or a commercial
contractor in an amount not less than $500,000. For the purpose of
this subsection, proof of insurance may include information attested
to by an applicant that the applicant is self-insured and the Office
of Code Enforcement shall develop forms for this purpose and make
them available to applicants. The Office of Code Enforcement may determine
the sufficiency of the self-insurance and the manner in which it is
maintained in compliance with this act.
(3)
Information requested in Subsection B(2)(a)[1] through [5] shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last 10 years or, as further clarification of the information provided, if the Office of Code Enforcement requests such information.
C.
The applicant fails to comply with the following section: For insurance
verification purposes, all contractors shall be required to provide
a list of employees and subcontractors to the Borough Council for
each project that a permit is issued for. Each employee or subcontractor
shall be required to possess employer information which shall include
name, address, and telephone number of their employer. Each employee
or subcontractor shall also be required to have in their possession
a valid driver's license or identification card that shall include
name and address of the employee or subcontractor.
[Amended 12-18-2019 by Ord. No. 962]
A.
The Code Enforcement Officer shall revoke any permit
or verification of insurance certification issued under the provisions
of this article under the following circumstances. The applicant who
has his permit revoked shall be entitled to request a hearing from
the Sayre Code Review Board within 30 days to appeal the Code Enforcement
Officer's revocation or denial.
[Amended 3-26-2001 by Ord. No. 802]
(1)
If the permittee falsely answered any question or
questions contained on an application for licensing or renewal of
licensing previously submitted to the Code Enforcement Officer.
(2)
Failure of the permittee to maintain, during the permit
year, the policies of insurance required under the provisions of this
article.
(3)
If the permittee violates any of the terms or provisions of Chapter 55, Building Construction, or any terms or provisions of this article.
(4)
If the permittee violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Borough.
(5)
If the permittee willfully deviates from or disregards
any plans or specifications for any contracting job in any substantial
respect without first obtaining the consent of the owner, in writing,
to any such change and without first notifying the Code Enforcement
Officer of any such change.
(6)
If the permittee does any business through any person
who is subject to the licensing requirements of this article and who
is not licensed as required by this article.
(7)
If the permittee conducts a contractor's business
in the Borough under any name other than that under which he is licensed.
(8)
If the permittee fails to comply with an order, demand
or requirement lawfully made by the Code Enforcement Officer under
the authority of this article or any other Borough ordinance.
(9)
The permittee fails to comply with the following section: For insurance
verification purposes, all contractors shall be required to provide
a list of employees and subcontractors to the Borough Council for
each project that a permit is issued for. Each employee or subcontractor
shall be required to possess employer information which shall include
name, address, and telephone number of their employer. Each employee
or subcontractor shall also be required to have in their possession
a valid driver's license or identification permit that shall
include name and address of the employee or subcontractor.
[Amended 12-18-2019 by Ord. No. 962]
(10)
If the permittee fails to provide all of the registration information
or falsifies their registration information required under this chapter
(required under 73 P.S. § 517.3 [2013] and the registration
of solicitors as required under the Borough ordinance.)
(11)
If the permittee fails to comply with the Home Improvement Consumer
Protection Act, 73 P.S. § 517.3 (2013).
(12)
If the applicant fails to provide the following information
to the Borough Council:
[Amended 12-18-2019 by Ord. No. 962]
(a)
Application.
[1]
A person shall apply to the Office of Code Enforcement in writing
or electronically via a secure Internet connection, if permitted by
the Office of Code Enforcement, on a form provided by the Office of
Code Enforcement. The application shall include the following information:
[a]
For an individual applicant, all of the following:
[i]
Name.
[ii]
Date of birth.
[iii]
Home address and home telephone number.
[iv]
Driver's license number, a copy of an identification
card issued by the state in which the individual resides or other
form of identification as permitted by the Office of Code Enforcement.
[v]
Business name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social Security number.
[viii]
All prior business names and addresses of home
improvement businesses operated by the individual.
[b]
For a general partnership applicant, all of the
following:
[i]
Name of each partner.
[ii]
Date of birth of each partner.
[iii]
Home address and home telephone number of each
partner.
[iv]
Driver's license number, or a copy of an
identification card issued by the state in which the partner resides,
of each partner.
[v]
Partnership name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social Security number of each partner.
[viii]
All prior business names and addresses of home
improvement businesses operated by the applicant and each partner.
[c]
For a corporation, limited liability company or
limited partnership, all of the following:
[i]
Name of each officer, manager and general partner.
[ii]
Date of birth of each officer, manager and general
partner.
[iii]
Home address and home telephone number of each
officer, manager and general partner.
[iv]
Driver's license number, or a copy of an
identification card issued by the state in which the individual resides,
of each officer, manager and general partner.
[v]
Entity's name, address and telephone number.
[vi]
Federal employer identification number, if applicable.
[vii]
Social Security number of each officer, manager
and general partner.
[viii]
Name of each director or each individual holding
greater than an equity interest of 5% in the entity.
[ix]
All prior business names and addresses of home
improvement businesses operated by each officer, manager and general
partner.
[d]
For an out-of-state corporation, limited liability
or limited partnership, the name and address of the entity's
resident agent or registered office provider within this commonwealth
and any registration number or license number issued to the entity
by its home state or political subdivision of such other state, if
applicable.
[e]
For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to Subsection A(12)(a)[2] and A(12)(b) shall also be provided.
[f]
A complete description of the nature of the contracting
business of the applicant.
[g]
A statement whether:
[i]
The individual or individuals making application,
even if doing so as part of a business entity application, has ever
been convicted of a criminal offense related to a home improvement
transaction, fraud, theft, a crime of deception or a crime involving
fraudulent business practices, as well as a statement whether the
applicant has ever filed a petition in bankruptcy or, within the last
10 years, received a final civil judgment entered against the applicant
or businesses in which the applicant held an interest that was related
to a home improvement transaction.
[ii]
The applicant's certificate or a similar
certificate or license issued by any other state or political subdivision
thereof has ever been revoked or suspended pursuant to an order issued
by a court of competent jurisdiction and, if so, the current status
of the certificate or similar certificate or license. The statement
required by this clause shall include the same information with respect
to any other business in which the person making application has or
has ever had an interest.
[h]
Whether within the last 10 years the applicant
has ever been suspended or debarred from participating in any federal,
state, local or not-for-profit program through which public funding
or other assistance is provided to owners for home improvements.
[i]
Proof of liability insurance covering personal
injury in an amount not less than $500,000 and insurance covering
property damage caused by the work of a home improvement contractor
or a commercial contractor in an amount not less than $500,000. For
the purpose of this subsection, proof of insurance may include information
attested to by an applicant that the applicant is self-insured and
the Office of Code Enforcement shall develop forms for this purpose
and make them available to applicants. The Office of Code Enforcement
may determine the sufficiency of the self-insurance and the manner
in which it is maintained in compliance with this act.
[2]
Information requested in Subsection A(12)(a)[1][a] through [e]
shall be for a ten-year period, prior to the time of registration.
The applicant shall provide information prior to the last 10 years
or, as further clarification of the information provided, if the Office
of Code Enforcement requests such information.
(b)
Reporting of multiple registrations or licensures. Any registered
contractor in this commonwealth who is registered or licensed as a
home improvement contractor in any other state, or political subdivision
thereof, shall report this information to the Office of Code Enforcement
on the initial registration and biennial registration application.
Any disciplinary action taken in such other jurisdiction shall be
reported to the Office of Code Enforcement on the initial registration
application or, if such action occurred subsequent to submission of
an initial application, on the biennial registration application or
within 90 days of final disposition, whichever is sooner. Multiple
registrations or licensures shall be noted by the office of Code Enforcement
on the contractor's registration, and such state, or political
subdivision thereof, shall be notified by the Office of Code Enforcement
of any disciplinary actions taken against such contractor in this
commonwealth.
B.
The Borough of Sayre, by virtue of granting a permit
to this contractor, does not warrant or make any representation regarding
the quality of any of the workmanship performed by said contractor.
The Borough does not assume any liability for the quality of this
contractor's workmanship or lack thereof. The purpose of this licensing
requirement is to guarantee that the contractor has adequate insurance
and has not been convicted of any prior fraudulent activities. Furthermore,
the Borough will not be held liable for any failure on its part to
investigate any of the facts that may be falsely stated in any application
presented by any contractor receiving a permit by the Borough.
In addition to refusal or revocation of a permit
as provided under this article, any person, as defined in this article,
or any officer, agency, servant or employee thereof who shall fail,
neglect or refuse to comply with any of the terms or provisions of
this article shall, upon conviction thereof before a District Justice,
be sentenced to pay a fine or penalty not exceeding $600 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 article.
