[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 4-7-1997 by Ord. No. 611 (Ch. 13, Part 9, of the 1987 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 170.
This chapter shall be known and may be cited as "The Borough
of Collingdale Contractor Licensing Ordinance."
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.
The Borough of Collingdale.
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 contractor,
who undertakes or offers to perform construction, repair, reroofing,
painting, remodeling, rehabilitation, demolition, paving, electrical,
plumbing and any other residential or nonresidential construction
or trade or demolition work in the Borough, whether as a general contractor,
subcontractor, specialty contractor or home improvement contractor
with respect to the property owner.
The twelve-month period beginning the first day of January
of each year.
The Manager of the Borough of Collingdale.
Any property owner, tenant or other person who order, 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.
The Manager or his authorized representatives and Administrative
Officer or Code Enforcement Officer 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.
For the license year beginning January 1, 1997 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 Borough shall, on or before the first day of January 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 Borough.
Such application shall be made by the completion of an application
furnished by the Borough and the payment of a license fee as hereinafter
set forth in this chapter. Each application must contain information
as set forth hereafter in this chapter, and each applicant must present
satisfactory proof of insurance as set forth hereafter in this chapter.
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 case of a corporation, by an
officer thereof. Each successful applicant shall be issued a license.
All contractors' licenses shall expire at 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
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 license shall be renewed for
the following license year. Any contractor carrying on the business
of contractor in the Borough 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 government; provided, however, that no person engaged
by the representative of any of the foregoing shall act as a contractor
in the Borough 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.
C.
The Borough of Collingdale's licensing does not preclude the
requirement to obtain a building, electrical or plumbing permit, or
any other permit(s) that may be required for construction, repair,
remodeling, rehabilitation, demolition, roofing, paving, electrical,
plumbing, installation or repair, or any other residential or nonresidential
construction or trade.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Borough at the time of license
application. The certificate of insurance shall contain a provision
that coverage afforded under the policy will not be canceled until
at least 15 days after prior written notice of such cancellation has
been given to the 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 $100,000; proof of workers' compensation is further requested,
if applicable. Blasting and demolition insurance shall also be required
for blasting and demolition contractors, and the reasonable limits
of such insurance shall be determined by the Manager at the time of
application, based on the nature and extent of the applicant's
proposed operations. All types of 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; the
Borough must be timely advised of any changes prior to a change in
a carrier during a license year.
A.
When an application has been filed with the Borough in proper form,
the Manager or his authorized representative must, 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 Borough
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 Borough, 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 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 contractors' licenses to
the applicant within two years previous to the date of the application.
In the event 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, 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 on 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 numbers 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
of ownership, directors, officers, management, address or trade name,
notify the Borough 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 suspensions
by the other municipality was due to failure to comply with that municipality's
building code.
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 any 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 applicant's failure to properly perform
a contract as defined in this chapter.
The Borough 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 Borough.
B.
Failure of the licensee 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 Borough
building codes, as amended, 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
Borough of Collingdale.
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 Borough 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
of Collingdale 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 Borough 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 acts under this chapter.
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 Judge,
be sentenced to pay a fine or penalty of $1,000 and costs of prosecution
for each offense, to be collected as like fines or penalties and costs
are now by law collectible. The fine or penalty imposed by this section
shall be in addition to any other penalty imposed by this chapter,
and each and every day in which any person, firm or corporation shall
be in violation of this chapter shall constitute a separate offense.
