[HISTORY: Adopted by the Council of the Borough of Darby 12-1-1986 by Ord. No. 647, approved 12-1-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 59.
The Council finds it to be in the best interest of the residents of the Borough of Darby, Delaware County, Pennsylvania, that persons or firms who engage in construction, repairs, remodeling, rehabilitation or demolition and acting as general contractors, mechanical contractors, electrical contractors, fire prevention contractors, specialty contractors, home improvement contractors or subcontractors, roofing contractors, painting contractors, paperhanging contractors or tree surgeons, who may be prime contractors or subcontractors, shall be required to obtain a license from the Borough for such purpose, to the end that only responsible and qualified persons shall be permitted to engage in such business in said Borough of Darby.
No person or firm may engage in or solicit any construction, building repairs, remodeling, rehabilitation or demolition business or hold themselves out to the public as doing such business or any such business set forth in § 60-1 hereof in the Borough of Darby, Pennsylvania, except in compliance with the applicable provisions of this chapter. No person or firm may engage in this Borough in any trade or practice or other act prohibited by any provision of this chapter, and any person or firm who willfully participates in a prohibited act or violation is subject to the penalties set forth. The provisions of this chapter may not be waived by agreement.
A. 
A license issued pursuant to this chapter may not be construed to authorize the licensee to perform any particular type of work or kind of business which is reserved to qualified licensees under provisions of state or another local law, nor shall any license or authority other than as issued or permitted pursuant to this chapter authorize engaging in construction, building, repairs, remodeling, rehabilitation or home improvement business in the Borough of Darby.
B. 
A license issued under this chapter does not supersede the requirements of any other ordinance of the Code of the Borough of Darby.
For the purpose of this chapter, the following terms shall have the meanings indicated:
CONTRACT
An agreement, whether oral or written or contained in one or more documents, between a contractor and an owner for the performance of work, including all labor, services and materials to be furnished and performed thereunder.
CONTRACTOR
Any person, other than a bona fide employee of the owner, who undertakes or offers to work, whether or not such a person is licensed or subject to the licensing requirements of this chapter and whether or not such person is a prime contractor or subcontractor with respect to the owner.
OWNER
Any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor, subcontractor, specialty contractor or home improvement contractor or the person entitled to the work of such pursuant to a contract.
PERSON
Includes an individual, partnership, corporation, trust, association owner, contractor, salesman or other legal entity.
A. 
It is the duty of the Code Enforcement Officer to administer and provide for the enforcement of all the provisions of this chapter and specifically to issue licenses to all applicants, who shall be duly qualified under and who comply with the provisions of this chapter and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Code Enforcement Officer is authorized to issue license upon the proper application, the furnishing of a certificate of insurance as required by this chapter and the license fee having been paid.
B. 
A certificate of insurance acceptable to the Code Enforcement Officer shall be filed with the Borough prior to the issuance of a license. This certificate shall contain a provision that the coverages afforded under the policy will not be canceled until at least 15 days' prior written notice has been given the Borough of Darby.
A. 
No license shall be issued or become effective until the applicant pays the required fee, payable to the Borough of Darby, as follows: All contractors as provided for in § 60-1 and who are in good standing may be issued an annual license on a calendar-year basis beginning January 1 of each year upon application and the payment of a fee of $25.
B. 
Except as otherwise specifically exempted by the provisions of this chapter, no person shall act in the capacity of a general contractor, subcontractor, specialty contractor or home improvement contractor unless authorized to do so by a subsisting license issued in accordance with the provisions of this chapter. A decal, to be supplied by the Code Enforcement Officer, indicating that the contractor is currently licensed, shall be affixed to all trucks or cars used by the contractor in the course of his work in the Borough. This decal shall be located on the vehicle in accordance with the instructions of the Code Enforcement Officer.
No contractor's 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. 
Any 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 for which he is currently licensed pursuant to such other law.
A. 
An applicant for any license required by the provisions of this chapter shall file a written application which shall be signed and under oath. The application shall require the names of owners, partners, directors and officers of any applicant and the business addresses and trade names of the applicant, together with a certificate of insurance written for not less than any limits of coverage specified under this chapter or by written resolution by Council. The contractor shall take out and maintain, at his own expense, during the life of this license such public liability insurance, property damage, products liability and completed operations insurance for a minimum of $25,000. Blasting and demolition insurance limits shall be determined at the time of application for a permit.
B. 
When an application has been filed with the Code Enforcement Officer in proper form, he must, within a period of 30 days from the date following the date of the application, issue or refuse the appropriate contractor's license to the applicant. If an application for a license is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the license.
C. 
Every contractor licensee shall, within 10 days after a change in control of ownership or management or change of address or trade name, notify the Code Enforcement Officer of such changes.
D. 
Licenses of all contractors shall expire on December 31 following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee as prescribed by § 60-6 prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as it is revoked or suspended.
For the protection of the people of the Borough, no license shall be issued or continued if already issued, where:
A. 
The person or the management personnel are untrustworthy or not of good character, and the Borough has proof of the same.
B. 
The business transactions of the person have been marked by a practice of failure to perform contracts or manipulation of assets or accounts or by fraud or bad faith.
A. 
The Code Enforcement Officer shall have the power, upon approval of the Borough Council, to refuse, suspend or revoke any licenses issued under the provisions of this chapter where the Code Enforcement Officer or the Council finds that the licensee has violated any provisions of this chapter or is performing or attempting to perform any act prohibited by this chapter or violates the Borough of Darby's Building Code.[1]
[1]
Editor's Note: See Ch. 59, Uniform Construction Codes.
B. 
A violation of any condition of a permit shall be cause for suspension or revocation of this license.
C. 
Any violation of any of the provisions 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 Council members and the Code Enforcement Officer, that the individuals engaged in the management of the contractor:
(1) 
Had no knowledge of the wrongful conduct; or
(2) 
Were unable to prevent the violation.
A. 
The Council shall suspend or revoke any license or authority to do business only after a hearing. At least 10 days prior to the date set for the hearing, the Code Enforcement Officer shall notify the licensee in writing of any change made and afford said licensee an opportunity to be heard in person and by counsel in reference thereto. Such written notice shall be delivered by certified mail to the business address on record of such licensee. The hearing on such charges shall be at the time and place as the Borough Council shall determine.
B. 
If the Borough Council shall determine that any licensee is guilty of any violation of any of the provisions of this chapter, the authority of the licensee to do business may be revoked or suspended for such period as shall be determined by the Borough Council.
C. 
If a license is refused, the applicant may, within 10 days from the date of the refusal, request a hearing. Said hearing must be held within 30 days from the date of request, and the Borough Council must render its decision within 20 days following the hearing.
A. 
The following acts of a licensee are prohibited:
(1) 
Abandonment or willful failure to perform, without justification, any 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 obtaining the consent of the owner in writing and without providing the Borough officials with notification of such changes.
(2) 
Making any substantial misrepresentation on the procurement of a contract or making any false promise of a character likely to influence, persuade or induce the execution of such contract.
(3) 
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a contractual transaction.
(4) 
Preparing and/or accepting any mortgage, promissory note or other evidence of indebtedness in connection with a contractual transaction with knowledge that said indebtedness is a greater monetary obligation than the consideration for the work to be performed.
(5) 
Directly or indirectly publishing any advertisement relating to work or services which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and fails to comply with the existing rules, regulations or guides of the Federal Trade Commission shall be deemed false, deceptive or misleading under the terms of this chapter, or, by any means, advertising or purporting to offer the general public any work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(6) 
Willful or deliberate disregard and violation of the building laws of this state or this Borough or of the safety and labor regulations or workman's compensation insurance laws of this state.
(7) 
Doing any 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 in control of the ownership, management, business, name or location of said business.
(10) 
Conducting a business in any name other than the one in which the contractor or salesman is licensed.
(11) 
Willful failure to comply with any order, rule or requirement made by the Council of the Borough under and within the authority of this chapter.
B. 
Violations of any of the prohibitions of this section shall:
(1) 
Subject the violator to whom the licensing provisions of this chapter apply to the administrative sanctions of this chapter.
(2) 
Subject any violator, whether or not required to be licensed by this chapter, to criminal prosecution.
A. 
Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation or demolition without obtaining a license as required by this chapter and who is not otherwise exempted from said licensing requirements and any person who continues in business as a contractor after revocation or during suspension shall be punished by a fine not exceeding $300 for each separate violation and, in default of payment thereof, be imprisoned for a term not exceeding 30 days.
B. 
Any person who knowingly and willfully violates any provision of this chapter, in addition to any administration penalty otherwise applicable thereto, upon conviction thereof by a court of competent jurisdiction of this state, shall be punished by a fine not exceeding $300 for each separate violation and, in default of payment thereof, be imprisoned for a term not exceeding 30 days.