[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights 12-27-1984 by Ord. No. 637 (Ch. 13, Part 6, of the
1988 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 110.
A.
It shall be unlawful to engage in business in the municipality as
a building contractor without first having obtained a license therefor
as hereinafter provided.
B.
BUILDING CONTRACTOR
(1)
(2)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Means and includes anyone engaged in the business of cement
or concrete contracting, either flat, form or wall work, or as a masonry
contractor or as a carpenter contractor or as a general building contractor;
and
Any person engaged in the construction, alteration or repair
of buildings or other structures or sidewalk or street pavements.
C.
Engaging in the construction, repair or alteration of any building,
structure, or street or sidewalk pavement in the municipality for
which a permit is required under the ordinances of the municipality
shall be construed as doing business as a contractor in the municipality.
[Amended 8-15-1988 by Ord. No. 682]
The annual fee for such license shall be as established from
time to time by Borough Council.
Any person doing business as a subcontractor shall be construed
as engaged in the business of a building contractor for which a license
is required by this chapter.
It shall be the duty of all building contractors to comply with
all ordinances relating to the construction of buildings or other
structures, to the construction of streets or sidewalk pavements,
and all laws or ordinances pertaining to or regulating the activities
engaged in.
Any building contractor's license may be revoked by the
Building Code Official for repeated violations of any ordinance relating
to the construction of buildings, the use of streets, or the replacing
of streets, sidewalks or parkways, or any other ordinance relating
to the work performed by such contractor. Such revocation may be in
addition to any fine imposed for violating this chapter.
A.
No permit shall be issued for the construction of a building or structure
in the municipality or for the repair or alteration of the exterior
of any building or structure, unless a certificate or other proof
is filed showing that the contractor carries workmen's compensation
insurance and public liability insurance with limits of at least $50,000
for each person and $100,000 for each accident for bodily injury liability
and $25,000 on property damage liability.
B.
Before any contractor doing any work for the municipality on any
street or highway or on any building or premises owned by the municipality
commences work, he shall file with the Clerk a certificate or other
proof showing that he carries workmen's compensation and public
liability insurance as required by the ordinances and the terms of
his contract.
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 providing the Codes Enforcement Officer has received
written 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 recited 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 contain an assertion, representation, or statement
of fact which is false, deceptive, or misleading; providing 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 of this Borough or of the safety or 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 Codes Enforcement Officer, in writing,
of any change of control in ownership, management or business name
or locations.
(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 requirements
lawfully made by the Director, Department of Licenses and Inspection,
under and within the authority of this chapter.
B.
Violations of any of the prohibitions of this section:
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
A.
Penalty
for doing business without a license. 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, and costs, for each separate violation and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
B.
General
penalty. Any person who knowingly and willfully violates any provision
of this chapter in addition to any administrative penalty otherwise
applicable thereto, upon conviction thereof by a court of competent
jurisdiction of this state, shall be punished by a fine not to exceed
$600, and costs, for each separate violation and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
