Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 5-4-2009 by Ord. No. 2009-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 60.
Electrical standards — See Ch. 84.
Mechanical standards — See Ch. 121.
Plumbing — See Ch. 133.
Property maintenance — See Ch. 135.
Sewers and drains — See Ch. 147.
[1]
Editor's Note: The provisions of this ordinance were originally adopted as Ch. 85, but were renumbered to maintain the alphabetical organization of the Code.

§ 164-1 Title.

This chapter shall be known as the "Tradesmen Licensing Code."

§ 164-2 Definitions.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BUREAU OF INSPECTION
The Department of Licenses and Inspection.
GENERAL BUILDING CONTRACTOR
A tradesman who engages in construction and remodeling of residential or commercial structures, not including the provision of electrical, plumbing or HVAC services.
HEATING VENTILATION AND AIR CONDITIONING (HVAC) TRADESMAN
A tradesman who regularly engages in and works in the trade of providing climate control to residential or commercial structures.
A. 
A master plumber is a person who regularly engages in and works at the plumbing trade, who employs and directs journeyman plumbers and apprentice plumbers, and who is entitled to secure permits for the installation or repair of plumbing.
B. 
A journeyman plumber is a person who regularly engages in and works at the plumbing trade and is employed and supervised by a licensed master plumber.
C. 
An apprentice plumber is a person who is learning the plumbing trade and is employed and supervised by a licensed master plumber.

§ 164-3 License required.

Any person, firm or corporation desiring to engage in the business or occupations of plumber, HVAC or general building contractor shall apply to the Bureau of Inspection for a license and registration as herein required.

§ 164-4 Evidence of proficiency.

A. 
An individual applying to the Bureau of Inspection for a license and registration to engage in the business or occupation of plumber or HVAC professional shall provide evidence of licensing from a first, second or third class city in Pennsylvania, Hanover Township, Pennsylvania, or such other jurisdiction that shall have administered testing evidencing knowledge of necessary and appropriate codes and proficiency in the aforementioned trades. The Bureau of Licensing shall determine the adequacy and sufficiency of the credentials and the testing jurisdiction.
B. 
Furthermore, said applicant shall supply the Bureau of Inspection with a copy of his or her public liability and property damage insurance policy or policies indicating coverage in the amount of $300,000 and $500,000 for public liability and $50,000 for property damage. The applicant shall pay the Municipality of Kingston the fee identified in this chapter, upon which payment a license shall be issued for a period of one year.

§ 164-5 General building contractor license.

An individual seeking a license as a general building contractor in the Municipality of Kingston shall present himself or herself before the Bureau of Inspection at a time and place fixed by the Bureau, wherein his or her qualifications and knowledge shall be inquired into. If the Bureau of Inspection shall find, upon due examination, that the applicant presenting himself or herself has a reasonable knowledge of construction codes and proper building techniques and skills and is possessed of skill and knowledge in matters pertaining to the construction of residential and/or commercial structures, then the Bureau of Inspection upon proof of the payment of the fee herein provided, and upon filing with the Bureau of Inspection a copy of his or her public liability and property damage insurance policy or policies indicating coverage in the amount of $300,000 and $500,000 for public liability and $50,000 for property damage shall issue to said person a general building contractors license.

§ 164-6 Fees; expiration.

A. 
Application for licenses shall be accompanied by proof that the proper fee, has been paid to the Borough Treasury as follows:
Position
Fee
General building contractor license
$100
HVAC professional
100
Plumber
100
B. 
All licenses shall expire December 31 of the year issued.

§ 164-7 Retesting.

Any applicant who is unsuccessful in passing the examination prescribed by the Bureau of Inspection will be permitted to take a reexamination not less than 30 days after the date of the unsuccessful examination.

§ 164-8 Reissuance.

Any licensee desiring to continue to practice the profession or trade for the year following the expiration of the current license shall, between the first and 31st day of December of each and every year, surrender the current license for the then-current year to the Bureau of Inspection, which shall forthwith, upon proof of the payment of the proper fee hereinafter provided, filing of a copy of current required insurance policy or policies regarding public liability and property damage, issue to the applicant a license for the ensuing year.

§ 164-9 Appeals procedure; fee.

A. 
An appeal from any decision of the Bureau of Inspection may be taken to the Appeals Board. Such board shall be the same board as established as an Appeals Board relating to the uniform construction code. Such appeal shall be made in writing within 10 days after such decision has been made, shall be verified by affidavit and filed with the Municipal Secretary. A hearing shall be scheduled by the Appeals Board within 30 days after the appeal has been filed. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The decision on such appeal should be made by the Appeals Board within 10 days after the hearing. The decision of the Appeals Board on such appeals shall be in writing, copies of which shall be served on the Board of Licensing and the appellant.
B. 
A fee of $50 shall be payable in advance to the Municipal Treasurer for each appeal taken to the Appeals Board from a decision of the Board of Licensing to cover the cost of notices and hearing of the appeal. This fee shall be refundable to the appellant in such instances when the Appeals Board reverses the decision of the Board of Licensing.

§ 164-10 Violations and penalties.

Any person who shall perform any work as a tradesman subject to licensing of this provision, or who shall fail to comply with the lawful regulations, order and direction of the Board of Licensing shall be liable, on conviction thereof, to a fine or penalty not exceeding $300 for each and every offense, or undergo imprisonment not exceeding 30 days, or both; and, whenever such person shall have been notified by the Board of Licensing, or by service of summons in prosecution, or in any other way, that he or she is committing such violations of this chapter, each day in which he or she shall continue such violations after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.

§ 164-11 Severability.

The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter, but the same shall remain in full force and effect, it being the intent that this chapter shall stand, notwithstanding the invalidity of any part thereof.