[HISTORY: Adopted by the Borough Council
of the Borough of Moosic 8-8-1995 by Ord. No. 17-1995. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See
Ch. .
Subdivision and land development — See Ch. 268.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Moosic, Lackawanna County, Commonwealth of
Pennsylvania, a municipal corporation of the commonwealth, acting
by and through its Council or, in appropriate cases, acting by and
through its authorized representative.
The Commonwealth of Pennsylvania.
Any person who undertakes or offers to undertake or agrees
to perform any construction of a new home or any type of construction
of a commercial nature. The following shall be included in the definition
of "contractor," but not limited to these:
[Amended 6-9-2009 by Ord.
No. 10-2009]
General contractor;
Moving or demolition contractor;
Mechanical contractor;
Masonry contractor;
Painting and decorating contractor;
Roofing and siding contractor;
Structural steel contractor;
Plastering and stucco contractor;
Fire protection contractor;
Subcontractors;
Tradesmen;
Journeymen;
All other categories.
The duly elected Council of the Borough of Moosic.
[Amended 6-9-2009 by Ord.
No. 10-2009]
The term "home improvement" includes all of the following done
in connection with land 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, 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) of this definition, painting, doors and windows and waterproofing.
Without regard to affixation, the installation of central heating
or air conditioning or storm windows or awnings.
The term "home improvement" 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 on 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,"[1] 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 Section 7 of the Act of December
17, 1968, known as the "Unfair Trade Practices and Consumer Protection
Law."[2]
The conversion of existing commercial structures into residential
or noncommercial structures.
An agreement, whether oral or written, or contained in one
or more documents, between a contractor and an owner for the performance
of a home improvement, and includes all labor, services and materials
to be furnished and performed thereunder.
Any homeowner, tenant, or any other person who orders, contracts
for or purchases the home improvement services of a contractor, or
the person entitled to the performance of the work of a contractor
pursuant to a home improvement contract.
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman, or any other legal entity.
A.
License required. Except as otherwise specifically
exempted by the provisions of this chapter, all contractors doing
business and/or providing services within the Borough of Moosic are
hereafter required to obtain a license from the Secretary of the Borough
prior to commencing any work within the Borough.
B.
Application. Application for said license shall be
made to the Secretary of the Borough, on a form provided by the Secretary.
Said license shall be valid for a one-year period of time, commencing
on the date of issue.
C.
Requirements.
(1)
No license shall be issued by the Secretary of the
Borough unless the applicant files an application on forms supplied
by the Borough setting forth:
(a)
Satisfactory proof of property damage and public
liability insurance amounting to $500,000 per person and $500,000
per occurrence and workmen's compensation insurance, as required by
the Commonwealth of Pennsylvania.[1]
(b)
Name, address and telephone number of applicant.
(c)
Trade name, business address and business telephone
number of applicant.
(d)
Proof of the amount of any technical school
training in contracting work received by the applicant.
(e)
Proof of the amount of practical experience
received in contracting work gained by the applicant.
(f)
State and federal employer identification numbers.
(g)
A notarized statement by the applicant that
there are no outstanding liens and/or judgements against them for
faulty, unfinished or inadequate work before any court of competent
jurisdiction.
(h)
Such other information as the Borough deems
necessary to determine the eligibility of the applicant.
(2)
Failure of the applicant to provide all the required
information, and necessary proof, or providing false information to
the Borough, will result in the denial and/or revocation of a license.
An annual fee of $75 shall be charged for each
application for a license, to cover the administrative costs associated
with the issuing of such license. All charges and fees are to be paid
to the Secretary of the Borough of Moosic and are to be deposited
into the general fund of the Borough, from which all expenses are
paid. Any duplicate or replacement licenses requested shall be made
available by the Secretary of the Borough for a fee of $5.
Every applicant granted a license by the Borough
shall be issued a signed license. This license must be available for
inspection on any job site or project undertaken by the licensee in
the Borough of Moosic upon the request of any police officer, Council
member, administrative official, or citizen of the Borough.
Every contractor receiving a license will indemnify
and save harmless the Borough of Moosic, its officials, servants and
employees, of and from any and all damages caused by any negligence
in pursuing and protecting his or her work, or by any unfaithful,
imperfect or inadequate work done by virtue of the license issued
to him or her.
A.
For the protection of the people of the Borough of
Moosic, no license shall be issued where:
(1)
The person or the management personnel of the person
are untrustworthy or not of good character; or
(2)
The home improvement transactions of the person have
been marked by a practice of failure to perform contracts, or the
manipulation of assets or accounts or by fraud or bad faith; or
(3)
Where proof is presented that the applicant has a
judgment and/or lien outstanding from any court of competent jurisdiction
for work inadequately performed, breach of contract, and/or fraudulent
business practices.
B.
The Borough shall have the power to refuse, suspend
or revoke any licenses issued under the provisions of this chapter,
where the Borough finds that the licensee has violated any of the
provision of this chapter or is performing or attempting to perform
any act(s) prohibited by this chapter.
C.
Any violation of any provision of this chapter upon
the part of any director, manager, partner, officer, salesman, agent
or employee of a contractor shall be cause for suspension or revocation
of the license of the contractor, unless it shall appear to the satisfaction
of the Borough that the individuals engaged in the management of the
contractor:
No license shall be required of any person when
acting in the particular capacity or particular type of transaction
set forth in this section:
A.
An individual who performs labor or services for a
contractor for wages or salary.
B.
An architect, or any other such person who is required
by state or local law to attain standards of competency or experience
as a prerequisite to engaging in such craft or profession, and who
is acting exclusively within the scope of the craft or profession
for which he is currently licensed pursuant to such other law.
C.
Any homeowner who is performing work, renovating,
or remodeling his/her own property.
D.
Any work
performed by a contractor for home improvements shall be exempt from
the licensing requirements of this chapter, provided that the person
shall not be exempt if he owns three or more private residences in
this commonwealth, and shall only be exempt with respect to the person's
primary residence, or the part of the building that houses the primary
residence of the owner, and those private residences that the person
uses for personal recreational purposes.
[Added 6-9-2009 by Ord. No. 10-2009]
A.
The following acts are prohibited:
(1)
Abandonment or willful failure to perform, without
jurisdiction, any home improvement contract or project engaged in
or undertaken by a contractor; or willful deviation from or disregard
of plans or specifications in any material respect without the consent
of the owner;
(2)
Making any substantial misrepresentation in the procurement
of a home improvement contract, or making any false promise of character
likely to influence, persuade or induce;
(3)
Any fraud in the execution of, or in the material
alteration of, any contract, mortgage, promissory note, or other document
incident to a home improvement transaction;
(4)
Preparing or accepting any mortgage or promissory
note or other evidence of indebtedness upon the obligation of a home
improvement transaction with knowledge that it recites a greater monetary
obligation than the consideration for the home improvement work, which
consideration may be a time sale price;
(5)
Directly or indirectly publishing any advertisement
relating to home improvements which contains an assertion, representation
or statement of fact which is false, deceptive or misleading; provided
that any advertisement which is subject to and complies with the then-existing
rules, regulations or guidelines of the Federal Trade Commission shall
not be deemed false, deceptive or misleading; or by any means advertising
or purporting to offer the general public any home improvement work
with the intent not to accept contracts for the particular work or
at the price which is offered to the public;
(6)
Willful or deliberate disregard and violation of the
building laws and codes of this commonwealth or of this Borough or
of the safety or labor or workmen's compensation insurance laws of
this commonwealth;
(7)
Doing any home improvement business with or through
any person who is subject to the licensing requirements of this chapter
with the knowledge that such person is not licensed as required;
(8)
Misrepresentation of a material fact by an applicant
in obtaining a license;
(9)
Willful failure to notify the Borough of any change
of control in ownership, management or business name or location;
(10)
Conducting a home improvement business in any
name other than the one in which the contractor or salesman is licensed;
(11)
Willful failure to comply with any order, demand
or requirement lawfully made by the Borough under and within the authority
of this article.
B.
Violation of any of the prohibitions of this section:
Upon notice from the Borough that work on any
building or structure is being done contrary to the provisions of
this chapter, or in an unsafe or dangerous manner, such work shall
stop immediately. The stop-work order shall be in writing and shall
be given to the owner of the property involved, or to the owner's
agent, and to the person doing the work; and shall state the conditions
under which the work may be resumed.
The provisions of this chapter shall not apply
to any contractor solely providing services within the Borough of
Moosic under contact with, and for, the Commonwealth of Pennsylvania,
County of Lackawanna, and/or the Borough of Moosic.
Any person, firm or corporation violating any
provisions of this chapter or the codes adopted by the commonwealth
or Borough, upon conviction thereof, shall be guilty of a summary
offense and shall be fined not to exceed $600 for any one offense,
plus costs of prosecution, and, in default of payment of such fine
and costs, shall be subject to imprisonment not to exceed 30 days,
and immediate revocation and loss of their license for a period of
one year. Each day that a violation continues shall be deemed a separate
offense.
A.
Any applicant or licensed contractor aggrieved by
any decision of the Borough Secretary, including but not limited to
refusal or suspension of an application for a license under this chapter,
or any other appeal, may appeal from such decision to the Borough
Council within 10 days from the date of decision.
B.
Whenever a Borough official or police officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this chapter, or of other applicable
codes and ordinances, or of any rules and regulations adopted thereto,
they shall proceed as follows:
(1)
Serve notice in writing of the alleged violation(s)
which shall be signed by the building official or his authorized representative.
Said notice shall be in writing and shall be served personally to
the responsible party; or served by registered mail or certified mail
with a return receipt requested; or, where such responsible party
cannot be found, service may be made by publishing such notice in
a newspaper of general circulation for a period of three consecutive
days; or served by any other method authorized under the laws of the
Commonwealth of Pennsylvania.
(2)
Said notice shall contain the reasons why the notice
is being issued, and the remedial actions required.
C.
Any person making an appeal to the Council of the
Borough of Moosic will be notified when to appear before the Council
within 30 days. The Council shall hold a public hearing and upon evidence
of testimony submitted will, within 30 days after the hearing, reach
a decision. The decision shall be in writing, stating the reasons
therefor.
D.
Any person aggrieved by a decision of the Council
of the Borough of Moosic, whether or not a previous party to the decision,
may appeal to the Court the Common Pleas of Lackawanna County from
such decision. Appeals shall be made to the proper court within 30
days after the filing of the Council's decision in the office of the
Secretary of the Borough of Moosic, and notification to the parties
of said decision.
Nothing contained in this chapter shall be construed
to relieve any person, corporation, or partnership from the duty of
taking out a license, or from the payment of any license tax imposed
or authorized by any other statute of this commonwealth.
