[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 1-17-1995 by Ord. No. 313. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Upper Southampton 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.
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 contractor,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, demolition, paving, electrical and any
other residential or nonresidential construction or demolition work
in the Township, whether as general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the property
owner.
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 cognizable entity.
The Township of Upper Southampton.
The Code Official 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 federal, state or local law.
A.
For the license year beginning January 1, 1995, and
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.
B.
Such application shall be made by the completion of
an application furnished by the Code Official and the payment of the
prescribed license fee. Each application must contain the information
required hereinafter by this chapter and must present satisfactory
proof of insurance. 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.
C.
Each authorized successful applicant shall be issued
a license, which license shall be in the form of a wallet-sized 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 Code Official
or his representatives upon request 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.
D.
All contractors licenses shall expire at 12:00 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 and, if he qualifies for
the following license year, he will be issued a new license card and
bumper sticker for the following license year.
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; provided,
however, that no person engaged by the representative of any of the
foregoing shall act as a contractor in the Township unless such person
shall first have complied with and have been licensed under the provisions
of this chapter.
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 prerequisite to engage
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.
(3)
The provisions of this chapter shall not be interpreted
as to require licensing for small repairs or other minor construction
work which is not performed for compensation and is done by the owner
and/or his family or friends in self-help on the owner's property.
A.
No contractor's license shall be issued unless the
applicant files a certificate of insurance with the Code Official
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 Upper Southampton.
The certificate of insurance must evidence policies of insurance,
maintained at the expense of the applicant, for public liability,
property damage, products liability, completed operations and workers'
compensation, each of which must have a single occurrence limit of
at least $250,000. Additional liability insurance coverage may be
required by the Code Official at the time of application, provided
that it shall be reasonably based on the nature and the extent of
the applicant's proposed operations.
[Amended 3-18-2003 by Ord. No. 356]
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 Code Official must be advised of any change in an insurance
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 an annual
license application fee to the Township of Upper Southampton. The
amount of the annual application fee shall be established, from time
to time, pursuant to resolution of the Board of Supervisors. No fee
or portion thereof shall be returned to a successful or unsuccessful
applicant. There shall not be a prorated reduction in the license
fee if application is made during the license year, or suspended or
revoked during the license year.
B.
Provided, however, that a person shall be required
to pay only one license fee per year under this chapter regardless
of the number of jobs or the number of trade areas in which the contractor
will provide services. In addition, every person licensed in a specific
construction trade such as plumbing, electrical and like trades in
which the Township currently requires a license and imposes a registration
or license fee shall be required to be licensed as a contractor pursuant
to this chapter provided that each such person shall only be required
to pay one license or registration fee per year regardless of the
number of licenses required by the Township.
A.
Upon submission of a proper application, the Code
Official shall, within a period of 30 days following the receipt of
the application, issue or refuse to issue the appropriate contractor's
license to the applicant. If issuance of a license is denied, the
Code Official 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 in printed
form, provided to the applicant by the Township, and 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 information requested on the application form shall
include, but not be limited to, the following:
(1)
The names of owners, partners, directors and officers
of the applicant, and the business address and trade name of the applicant.
(2)
A statement as to whether or not any municipalities
have refused to issue or have revoked any similar contractors' licenses
to the applicant within two years prior 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 jobs performed within the preceding
three-month period, but at a minimum, a listing of the last 10 jobs
performed by the contractor, 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.
In addition, applicant shall specify in detail his areas of competence
and all proposed work activities.
(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 Township 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 conviction exists, 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.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Code Official of such change.
No license shall be issued or renewed by the
Code Official 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 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.
The Code Official shall 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 Code Official.
B.
If the licensee fails 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 Code of Ordinances of the Township of Upper Southampton or
any terms or provisions of this chapter.
D.
If the licensee violates any condition or requirement
of any permit issued by the Township of Upper Southampton.
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 Code Official 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 Township under the authority of
this chapter or any other Township ordinance.
Appeals from any refusal to issue or renew,
suspension, or revocation of a license may be made to the Board of
Supervisors within 10 days after such action by the Code Official.
[Amended 3-18-2003 by Ord. No. 356; 6-19-2012 by Ord. No. 414]
Any violation of this chapter shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 days. Each day that a violation of this chapter
continues, or each section of this chapter which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.
