[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 5-5-1977 by Ord. No. 6-77. Amendments noted where applicable.]
From the effective date of this chapter, no contractor shall begin any work for which a permit is required by the building, plumbing, electrical and mechanical code ordinances of the municipality without first registering with the Borough of Harveys Lake.
This chapter shall not apply to any person who begins any work for which a permit is required by the building, plumbing, electrical or mechanical code ordinance of the municipality within or about any building or structure that is exclusively owned and operated by himself, provided that said owner and operator shall be physically engaged in the execution of such work.
Application of terms. The terms defined herein shall be used to interpret all the applicable provisions of this chapter.
Meaning. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
- APPLICABLE CODES AND ORDINANCES
- The building, plumbing, electrical and/or mechanical code ordinances of the municipality.
- BUILDING OFFICIAL
- That person duly authorized by the municipality to administer and enforce applicable codes and ordinances of the municipality.
- CERTIFICATE OF REGISTRATION
- That document or card issued by the code enforcement officer which indicates that a contractor has complied with the requirements of this chapter.
- Any person who shall, whether for profit or not-for-profit, construct
or excavate any property, or pave or repair any macadam, concrete or asphalt
surface, alter, repair, move or demolish any building or structure or install,
alter or repair any equipment which is regulated by applicable codes and ordinances
of the municipality.[Amended 9-17-1996 by Ord. No. 1-1996]
- The Borough of Harveys Lake, Luzerne County, Pennsylvania.
- An official document issued by the Building Official authorizing performance of a specific activity which is regulated by applicable codes and ordinances of the municipality.
- Any individual, partnership, firm or corporation.
Terms not defined. When terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
Who shall apply. Prior to engaging in any work for which a permit is required by other applicable codes and ordinances, a contractor shall file an application for registration with the municipality. Partnerships, firms or corporations may register per se, but they shall submit the name of a responsible officer or employee who shall act as their agent for the purposes of registration.
Form of application. The application for registration shall be submitted in such form as the municipality may prescribe and shall be accompanied by the required fee prescribed in § 9-5. All information submitted on the application shall be true and correct, and it shall be the responsibility of the applicant to advise the municipality of any events or occurrences which would render any portion(s) of the application obsolete.
A certificate of registration shall be valid for a period beginning January 1 and ending December 31 of each year.
[Amended 1-6-1981 by Ord. No. 1-81]
The fee for registration shall be $50 and shall be paid to the Borough of Harveys Lake upon submission of the application for registration. No certificate of registration shall issue until such fee has been paid.
The certificate of registration shall be permission to engage in work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter or any other applicable codes and ordinances.
Action on application. Upon receipt of an application for a certificate of registration, the Building Official shall issue the same or inform the applicant in writing of any reasons for denial within 15 working days.
Official record. The Building Official shall keep an official record of certificates of registration issued, fees collected and applications filed. He shall make written reports to the Borough Council as often as they shall request, but in any event not less than once in any calendar year.
Denial of additional permits. The Building Official shall maintain a record of violation notices issued to registered contractors for the purpose of abating violations, which the contractor has caused, of applicable codes and ordinances. This record shall also indicate whether corrective action has been taken by the contractor. The Building Official shall, upon receipt of an application for a permit required by applicable codes and ordinances, determine if the applying contractor is in receipt of any violation notice which has not been satisfied by corrective action. The Building Official shall deny permits for any new work until such notices have been satisfied.
A contractor shall have the burden of establishing to the Building Official that all permits required under applicable ordinances have been obtained prior to commencing construction activities. Failure to meet this burden when requested to do so by the Building Official shall be a violation of this chapter and/or grounds for revocation of registration, or both. Before initiating any work for which a permit is required by applicable codes and ordinances, it shall be the duty of the contractor to determine whether such permits have been issued by the Building Official. Work shall not begin until the required permits have been secured. In work of an emergency nature, permits shall be secured at the earliest possible opportunity. Any registered contractor who shall engage in work for which a permit is required by applicable codes and ordinances shall, if such permit has not been issued, be subject to immediate suspension of his registration for a period of one month for the first offense, three months for the second offense and six months for each additional offense in addition to the penalties prescribed in § 9-9. Suspension shall be cumulative.
Procedures in case of violations. Whenever the Building Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall serve written notice of the alleged violation to the responsible party personally or by registered or certified mail with a return receipt requested, or by any other method authorized by the Laws of the Commonwealth of Pennsylvania. Said notice shall contain the reason for issuance, the section of the ordinance that has been violated and remedial action required. Said notice shall allow a reasonable amount of time, not to exceed 30 days, for the correction of the violation alleged and shall also advise the responsible party of his right to appeal the decision of the Building Official to the Board of Appeals.
Penalties. Any person who violates a provision or fails to comply with the requirements of this chapter or who fails to correct a violation as ordered by the Building Official shall be guilty of a summary offense and shall be subject, for each violation, to a fine of not less than $250 nor more than $500 and costs of prosecution and, in default of payment of such fines and costs, to imprisonment for a term not exceeding 30 days. Each day's failure to comply with any such provision or requirement or any order shall constitute a separate offense.
[Amended 3-15-2005 by Ord. No. 1-2005]
Who may appeal. Any person(s) aggrieved by a decision of the Building Official may appeal the decision to the Board of Appeals. The petition for an appeal shall be in writing and must be submitted within 15 days of said decision to the Borough of Harveys Lake.
Board of Appeals. The Board of Appeals of the municipality, established by the Harveys Lake Building Code, adopted February 24, 1977, as amended, shall hear all appeals petitioned in accordance with the terms of this chapter. The Board shall meet within 30 days of the receipt of a petition for an appeal. Decisions of the Board shall be rendered in writing and made available to all interested parties.
Revocation of registration. The Board of Appeals shall, upon the petition of the Building Official or of two citizens of the municipality, each of whom has had work done under separate contract by a particular contractor, revoke the registration of any contractor registered under the provisions of this chapter for good cause shown. The Board shall convene within 30 days of receipt of a petition to revoke a certificate of registration and shall render a decision in writing within five days of its hearing.