[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport 12-8-1992 by Ord. No. 514, approved 12-8-1992 (Ch.
62A of the 1975 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Bridgeport Borough Contractor Licensing Ordinance."
A.
BRIDGEPORT
CONTRACT
CONTRACTOR
DIRECTOR
LICENSE YEAR
OWNER
PERSON
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 Borough of Bridgeport.
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 undertakes or offers to perform construction, alterations, repairs,
site improvements, sign installation and any other residential or
nonresidential construction or demolition or blasting work in the
Borough, whether as a general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the owner.
The Director/Officer of Planning/Codes Enforcement Department
of the Borough of Bridgeport.
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 recognizable entity.
B.
The masculine includes the feminine, the singular
includes the plural, and the plural includes the singular.
The Director or his authorized representatives
shall administer and enforce the provisions of this chapter.
No person shall act as a contractor in the Borough
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 state or local law.
A.
For the license year beginning January 1, 1993, and
each license year thereafter, it shall be unlawful for any person,
firm or corporation to engage in the business of constructing, altering,
repairing, roofing, remodeling, siding, demolishing or moving the
whole or any part of a building, structure or any improvement for
which a building permit is required; or to install, resurface or improve
driveways or sidewalks; or to engage in the construction or installation
of swimming pools, satellite receiving antennas, tennis courts, fences,
garages, carports, storage sheds or any accessory use for which a
building permit is required; or to engage in installation or replacement
of heating/ventilating/air-conditioning or sprinkler systems, tanks
and gasoline pumps; or to engage in site improvement, including grading,
paving, curbing or stormwater drainage installation; or to engage
in the business of erecting or altering signs, without first obtaining
a license therefor as required by this chapter.
B.
Such license shall be secured by the filing of an
application, prepared and furnished by the Director, and the payment
of a license fee as hereinafter set forth in this chapter.
C.
Each application shall be signed by the applicant,
if a natural person, and in the case of an association, firm, partnership
or corporation, by a member, officer or agent of said association,
firm, partnership or corporation. For each association, firm, partnership
or corporation, any license will be issued in the name of the association,
firm, partnership or corporation and the individual officer or agent
of the association, firm, partnership or corporation who applies for
the license shall be the custodian of the license. If the individual
custodian of the license ceases to be an associate, member or agent
of the association, firm, partnership or corporation, the association,
firm, partnership or corporation shall promptly inform the Borough
of the name, title, position and address of the new custodian of the
license.
D.
Each successful applicant shall be issued a license
which shall be in the form of a wallet-sized card and in the form
of a vehicle bumper sticker. Each licensed contractor shall carry
the license card on his person and, upon demand, shall display the
license card to the Director or his representatives. Each licensed
contractor shall at all times display the bumper sticker license on
the rear bumper of the vehicle used in activities as a contractor.
E.
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 submit the required license fee, and if the person qualifies
for licensing and renewal under the terms of this chapter, the license
shall be renewed for the following license year, and a new license
card and bumper sticker will be issued for the current licensing year.
F.
Any person carrying on the business of contracting
in the Borough of Bridgeport must secure a license under the terms
of this chapter for each license year during which he carries on such
business.
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.
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)
An individual 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 a 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.
No contractor's license shall be issued unless
the applicant files a certificate of insurance with the Director 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 Bridgeport Borough. The certificate
of insurance must evidence policies of insurance maintained at the
expense of the applicant for public liability, property damage, products
liability and completed operations, each of which must have a single
occurrence limit of at least $300,000 for all contractors. Blasting
and demolition insurance shall also be required for blasting and demolition
contractors; blasting and demolition insurance coverage must be in
the amount of $1,500,000 and must name Bridgeport Borough as an additional
insured for the time period involved for the blasting or demolition
permit. 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 Director must approve the responsibility of new insurance
carriers prior to a change in a carrier during a license year.
A.
B.
No fee or portion thereof shall be returned to a successful
applicant.
A.
When an application has been filed with the Director
in proper form, the Director shall, 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 license to the applicant.
If issuance of a license is denied, the Director 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 a printed form,
provided to the applicant by the Director, 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.
(2)
A statement as to whether or not any municipalities
have refused to issue or have revoked any similar contractor licenses
to the applicant within two years previous 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 at least five previous contractor's jobs
completed by the applicant within one year prior to the application,
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.
(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 municipal 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 convictions exist, 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.
(5)
A listing of all unsatisfied civil judgments in any
jurisdiction against the applicant, if such civil judgments were entered
in a lawsuit in which it was alleged that the applicant failed to
complete a contract, as defined in this chapter, or improperly performed
a contract, as defined in this chapter. The applicant shall give,
in writing, the caption, court and term number of the civil action
upon which any such judgments were entered and shall explain, in writing,
the nature of all such civil judgments.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Director of such change.
No license 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.
If the applicant has been refused a similar contractor's
license or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal and if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.
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 municipal 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.
D.
If an unsatisfied civil judgment against the applicant
exists in any court in any jurisdiction and if the record of such
court shows that such judgment was entered because of the applicant's
failure to complete a contract, as defined in this chapter, or if
such judgment was entered because of the applicant's failure to properly
perform a contract, as defined in this chapter.
The Director 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 Director.
B.
Failure of the licensee to maintain during the license
year the policies of insurance required under the provisions of this
chapter.
D.
If the licensee violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Borough of Bridgeport.
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 Director 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 Borough 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 Director under the authority of
this chapter or any other Borough ordinance.
In addition to all other acts prohibited by
the terms of this chapter, those acts warranting revocation of a license
under this chapter shall also be prohibited.
[Added 11-13-2007 by Ord. No. 2007-012, approved 11-13-2007]
The Borough Council does hereby require a general
contractor within the Borough to apply for and obtain from the Borough
of Bridgeport an annual General Contractor Business License Permit.
The amount of such fee shall be set by resolution of Borough Council.[1]
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
In addition to refusal or revocation of a license
as provided under this chapter, any person, as defined in this chapter,
or any officer, agent, servant or employee thereof who shall fail,
neglect or refuse to comply with any of the terms or provisions of
this chapter shall, upon conviction thereof before a Magisterial District
Justice, be sentenced to pay a fine or penalty of not more than $600
and costs of prosecution or imprisoned in the county jail for a term
not to exceed 30 days, or both, for each offense. The fine or penalty
imposed by this section shall be in addition to any other penalty
imposed by this chapter.
