[Ord. 276. Passed 9-18-1990]
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 masculine
includes the feminine, the singular includes the plural and the plural
includes the singular.
(a)
"Contract" means an agreement, whether oral or written
and whether contained in one or more documents, between the contractor
and an owner or another contractor for the performance of work, including
all labor, services and materials to be furnished and performed thereunder.
(b)
"Contractor" means any person, other than a bona fide
employee of the contractor, who undertakes or offers to perform construction,
repair, reroofing, remodeling, rehabilitation, demolition, paving
and any other residential or nonresidential construction or demolition
work in the Township, whether as a general contractor, subcontractor,
specialty contractor or home improvement contractor with respect to
the property owner.
(c)
"License year" means the twelve-month period beginning
September 1 of each year.
(d)
"Person" means any individual, partnership, limited
partnership, association, corporation, trust or other legally recognizable
entity.
(e)
"Township" means the Township of Lower Gwynedd.
(f)
"Home
improvement" shall have the same definition as that term has in the
Pennsylvania Home Improvement Consumer Protection Act, Act of October
17, 2008, P.L. 1645, No. 132, as amended.
[Added 8-25-2009 by Ord. No. 465]
[Ord. 276. Passed 9-18-1990]
The Code Official or his or her authorized representative
shall administer and enforce the provisions of this chapter.
[Ord. 276. Passed 9-18-1990]
No person shall act as a contractor on any project
for which a building permit is required in the Township, 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.
[Ord. 276. Passed 9-18-1990]
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.
[Ord. 276. Passed 9-18-1990]
(a)
For the license year beginning September 1, 1990,
and each license year thereafter, every person desiring to continue
to engage in or hereafter to begin to engage in the business of acting
as a contractor in the Township shall, on or before September 1 of
the license year or prior to commencing business in such license year,
make application for a license to act as a contractor in the Township.
(b)
Such application shall be made by the completion of
an application furnished by the Code Official and the payment of the
prescribed license fee. Each application must contain the information
required hereinafter by this chapter and must present satisfactory
proof of insurance. Each application for a license shall be signed
by the applicant if a natural person, and in the case of an association
or a partnership, by a member or partner thereof, and in the case
of a corporation, by an officer thereof.
(c)
Each successful applicant shall be issued a license,
which license shall be in the form of a wallet-sized card and in the
form of a vehicle bumper sticker. Every licensed contractor, while
actually acting as a contractor in the Township, shall carry said
license card with him or her and shall display it to the Code Official
or his or her representative upon request to do so. Every licensed
contractor shall at all times display his or her bumper sticker license
on the rear bumper of the vehicle he or she primarily uses in his
activities as a contractor.
(d)
All contractors' licenses shall expire at midnight
on August 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 and 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 only submit the required license fee and, if he qualifies
for licensing and renewal under the terms of this chapter, his or
her license shall be renewed for the following license year, and he
or she will be issued a new license card and bumper sticker for the
following license year.
[Ord. 276. Passed 9-18-1990]
(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, provided
that no person engaged by the representative of any of the foregoing
shall act as a contractor in the Township unless such person shall
first have complied with and have been licensed under the provisions
of this chapter.
(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; or
(2)
A person 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 craft or profession and who is acting exclusively within
the scope of such craft or profession for which he or she is currently
license pursuant to such other law.
(3)
A contractor who undertakes, offers to undertake or agrees to perform
any home improvement. However, all such contractors shall, prior to
receiving a building permit or other permit from the Code Official
for any home improvement, provide the Code Official with proof that
the contractor is registered with the Commonwealth of Pennsylvania
as required by the Act of October 17, 2008, P.L. 1645, No. 132, as
amended, known as the "Pennsylvania Home Improvement Consumer Protection
Act."
[Added 8-25-2009 by Ord. No. 465]
[Ord. 276. Passed 9-18-1990]
(a)
No contractor's license shall be issued unless the
applicant files a certificate of insurance with the Code Official
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 notice of such cancellation
has been given to the Township. The certificate of insurance must
evidence policies of insurance, maintained at the expense of the applicant,
for public liability, property damage, errors and omissions and workers'
compensation, each of which must have a single occurrence limit of
at least $100,000. Blasting and demolition contractors and the reasonable
limits of such insurance shall be governed by the applicable Township
laws on blasting.
(b)
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.
[Ord. 276. Passed 9-18-1990]
[Ord. 276. Passed 9-18-1990]
(a)
The application for a license shall be a printed form
provided to the applicant by the Code Official 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 application is incomplete and will not be considered until
completed. The application form shall be signed by the applicant.
The questions and information requested on the application form shall
include, but not be limited to, the following:
(1)
The name 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's 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 all previous contractor's jobs
completed or accepted by the applicant within two years prior to the
application, not to exceed five years, 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.
[Ord. 276. Passed 9-18-1990]
Every contractor licensee shall, within ten
days after a change in ownership, directors, officers, management,
address or trade name, notify the Code Official, in writing.
[Ord. 276. Passed 9-18-1990]
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; or
(b)
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 and pleas of no lo contendere.
[Ord. 276. Passed 9-18-1990]
The Code Official shall revoke any license issued
under the provisions of this chapter under the following circumstances:
(a)
If the licensee falsely answers any question or questions
contained on an application for licensing or renewal of licensing
previously submitted to the Code Official;
(b)
If the licensee fails to maintain, during the license
year, the policies of insurance required under the provisions of this
chapter;
(c)
If the licensee violates any of the terms or provisions of the BOCA National Building Code, as adopted in Section 1440.01, or any terms or 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 Township;
(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 Code Official 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 Township under any name other than that under which he or she
is licensed; or
(h)
If the licensee fails to comply with an order, demand
or requirement lawfully made by the Code Official under the authority
of this chapter or any other provision of these Codified Ordinances.
[Ord. 276. Passed 9-18-1990]
(a)
No person shall fail to correct a violation or institute
a remedial action as ordered by the Code Official or violate a provision
or fail to comply with any requirement of this chapter.
(b)
The imposition of the penalties prescribed in Section
1420.99 shall not preclude the Township Solicitor from initiating
appropriate actions or proceedings at law or in equity to effect the
purposes of this chapter.
[1]
Editor's Note: See Section 1420.99 for general
Code penalty, if no specific penalty is provided.
