[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 6-13-1991 by Ord. No. 460, approved 6-13-1991. Amendments noted where applicable.]
The Borough Council finds it in the best interest of the residents
of the Colwyn Borough that persons or firms who engage in construction,
repairs, remodeling, rehabilitation or demolition, and operating as
general contractors, and including but not limited to mechanical contractors,
electrical contractors, plumbing contractors, fire prevention contractors,
specialty contractors, home improvement contractors, elevator contractors,
grading contractors, roofing 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 Colwyn Borough.
No person or firm may engage in or transact any construction,
building repairs, remodeling, rehabilitation or demolition business
or hold him- or itself out to the public as doing such business or
solicit such business in the Borough of Colwyn, 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 criminal penalty therefor. 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 other provisions
of state or 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, demolition
or home improvement business in the Colwyn Borough.
B.
This chapter shall not apply to the official transaction of an authorized
representative of the United States of America or any instrumentality
thereof or of any state, the District of Columbia, territory of the
United States or any city or county thereof or of any instrumentality
of a state or political subdivision thereof.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Whenever the terms "Building Inspector" or "Assistant Building
Inspector" appear in this chapter, it shall be and mean the duly appointed
Code Enforcement Officer, or his assistant or deputy, of Colwyn Borough.
Said terms are synonymous.
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.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to work, whether or not such 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.
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.
A.
It is the duty of the Building Inspector or Assistant Building Inspector
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 Borough
Building Inspector or Assistant Building Inspector is authorized to
issue licenses upon the proper application, the furnishing of a certificate
of insurance as required by this chapter, § 48-9B, and the
license fee having been paid.
B.
A certificate of insurance acceptable to the Building Inspector shall
be filed with the Borough prior to the issuance of a license. These
certificates shall contain a provision that coverages afforded under
the policy will not be canceled until at least 15 days prior to written
notice having been given to Colwyn Borough.
No license shall be issued or become effective until the applicant
pays the required fee, payable to Colwyn Borough as follows: All contractors
as provided for in § 48-1 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 $50. An
abatement of said fee shall be made on September 1 for the balance
of the calendar year at the rate of $25.
Except as otherwise specifically exempted by the provisions
of this chapter, no person shall act in the capacity of 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 card, to be supplied by the
Building Inspector, indicating that the contractor is currently licensed,
shall be carried in all trucks or cars used by the contractor in the
course of his work in the Borough and shall be made available for
inspection by the contractor at the request of the Building Inspector
or his designee.
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 and who is acting exclusively within the scope
of the craft and profession for which he is currently licensed pursuant
to such other law.
A.
When an application has been filed with the Building Inspector or
Assistant Building Inspector, in proper form, he must, within a period
of 30 days from the date following the date the application is received,
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.
B.
An applicant for any license required by the provisions of this chapter
shall file a written application on a form supplied by the Borough,
which shall be signed and under oath. The application shall require,
among other items, the names of owners, partners, directors and officers
of the applicant and the business addresses and trade names of the
applicant, together with a certificate of insurance written for not
less than any limit of coverage specified under this chapter. The
contractor shall take out and maintain at his own expense, during
the life of the license, public liability, property damage, products
liability and completed operations insurance. Said applicant must
provide a current certificate of insurance to the Borough written
for a minimum policy of $500,000 in combined single limits covering
said requirements.
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 Building Inspector of such changes.
D.
Licenses of all contractors shall expire on September 1 following
the date of issue unless prior thereto the license is revoked or suspended.
Upon payment of the annual license fee, as prescribed by § 48-6,
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 the Borough Council revoked or suspended
the license.
For the protection of the people of this Borough, no license
shall be issued, or continued if already issued, where:
A.
The Building Inspector 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 Building Inspector
or Borough 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 Colwyn Borough Building
Construction Code (Chapter 42) or the Colwyn Borough Plumbing Code
(Chapter 111).
B.
A violation of any condition of a permit shall be cause for suspension
or revocation of the 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 Borough Council and Building Inspector that the individuals
engaged in the management of the contractor:
A.
The Borough 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 Building Inspector shall notify the
licensee, in writing, of any charge made and afford said licensee
an opportunity to be heard in person and by counsel in reference thereto.
Such written notice shall be served by delivery of the same to the
licensee by certified mail to the business address of such licensee
of record with the Borough Council. The hearing on such charges shall
be at such time and place as the Borough Council shall prescribe.
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 of time as shall be determined by the Borough Council.
C.
If the license is refused, the applicant may, within 10 days from
the date the notice of refusal is mailed, request a hearing. Said
hearing must be held within 30 days from the date of the request,
and the Borough Council must render its decision within 20 days following
the hearing.
A.
The following acts 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 township building officials
notification of such changes.
(2)
Making any substantial misrepresentation in the procurement of a
contract, or making any false promise of character likely to influence,
persuade or induce.
(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 or accepting any mortgage, promissory note or other evidence
of indebtedness upon the obligation of a contractual transaction with
knowledge that it received a greater monetary obligation than the
consideration for the work to be performed, which consideration may
be a time-sale price.
(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 complies with the then-existing
rules, regulations or guides of the Federal Trade Commission shall
not be deemed false, deceptive or misleading; 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 of labor or workmen'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 Council of any change of control
in ownership, management or business name or location.
(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, demand or requirement
lawfully made by the Borough Council under and within the authority
of this chapter.
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 $600 for each separate violation,
and in default of payment thereof be imprisoned for a term not exceeding
30 days.
Any person who shall knowingly and willfully violate the prohibitions
contained in § 48-13 shall be liable, on conviction thereof,
to a fine or penalty not to exceed $600 for each and every offense.
Each day that the violation continues after the time specified in
the order of abatement 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 collected by law. The provisions
of this section are in addition to any other remedy provided by this
chapter, and, in default of payment of said fine and costs, the District
Justice is hereby empowered to imprison the defendant for a period
not to exceed 30 days for each separate offense, in the county prison.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid for any reason, such
invalidity shall not affect the other provisions or any other application
of this chapter which can be given effect without the invalid provisions
or application; and to this end, all provisions of this chapter are
declared to be severable.
