[Ord. 2009-4, 6/18/2009]
The purpose and intent of this Part is to ensure that contractors
performing construction work within the Township are registered with
the Commonwealth of Pennsylvania and/or the Township, in compliance
with state law, most particularly, the Pennsylvania Home Improvement
Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132
(hereinafter the "Act"), 73 P.S. § 517.1 et seq.
[Ord. 2009-4, 6/18/2009]
Any activity regarding the construction, installation, improvement,
renovation, alteration, conversion, modernization, repair, remodeling,
rehabilitation, replacement, demolition, and/or removal of any man-made
structure or building. This definition includes the management of
any of the aforementioned activities but does not include the supplying
of materials for any of the aforementioned activities.
This term, as used in this Part, shall have the same definition
as this term has in the Act, as amended.
This term, as used in this Part, shall have the same definition
as this term has in the Act, as amended.
This term, as used in this Part, shall have the same definition
as this term has in the Act, as amended.
A skilled manual worker or craftsman in a particular trade
or craft related to the construction industry who has a high degree
of both practical and theoretical knowledge of his or her trade and
who has completed an apprenticeship and/or other types of required
training, testing, certification, and qualifications necessary to
practice this trade or craft. This term specifically includes, but
is not limited to, a plumber or electrician.
[Ord. 2009-4, 6/18/2009]
1.
All contractors seeking to undertake home improvement activities
within the Township shall, prior to commencing such activities, provide
proof to the Township that said contractor is registered with the
Commonwealth of Pennsylvania as required by the Act. If the contractor
is applying for a building or other permit from the Township in conjunction
with such activities, the contractor shall provide this proof along
with any application for a building or other permit from the Township.
2.
All persons seeking to undertake construction work within the Township,
where such person is not required to register with the Commonwealth
of Pennsylvania under the Act, shall, prior to commencing such work,
obtain a Lower Macungie Township contractors license from the Township
pursuant to this Part or provide proof of a current and valid Lower
Macungie Township contractors license to the Township. If a person
is applying for a building or other permit from the Township in conjunction
with such work, this person shall obtain this license or provide proof
of a current license at the same time as applying for a building or
other permit from the Township.
[Ord. 2009-4, 6/18/2009]
1.
Any tradesperson seeking to undertake construction work within the
Township and who meets any one of the following classifications, shall,
prior to commencing such work, obtain a Lower Macungie Township contractors
license from the Township pursuant to this Part or provide proof of
a current and valid Lower Macungie Township contractors license to
the Township. If the tradesperson is applying for a building or other
permit from the Township in conjunction with such work, this tradesperson
shall obtain this license or provide proof of a current license at
the same time as applying for a building or other permit from the
Township.
A.
An electrician who has passed any and all tests and/or completed
any and all training necessary to be a master electrician and/or holds
a master electricians card/certificate/license.
B.
An electrician who has passed any and all tests and/or completed
any and all training necessary to be a journeyman electrician and/or
holds a journeyman electricians card/certificate/license.
C.
A plumber who has passed any and all tests and/or completed any and
all training necessary to be a master plumber and/or holds a master
plumbers card/certificate/license.
D.
A plumber who has passed any and all tests and/or completed any and
all training necessary to be a journeyman plumber and/or holds a journeyman
plumbers card/certificate/license.
E.
Any tradesperson who has passed any and all tests and/or completed
any and all training necessary to be classified as a master in his
or her trade and/or holds a master's card/certificate/license
in his or her trade.
F.
Any tradesperson who has passed any and all tests and/or completed
any and all training necessary to be classified as a journeyman in
his or her trade and/or holds a journeyman's card/certificate/license
in his or her trade.
[Ord. 2009-4, 6/18/2009]
1.
Any person required by this Part to obtain a Lower Macungie Township
contractors license shall file a license application with the Township
and pay the required fee. The amount of this fee shall be established
by resolution of the Board of Commissioners which may be revised from
time to time.
2.
Any tradesperson required by this Part to obtain a Lower Macungie
Township contractors license shall file with his or her license application
proof of his or her master's or journeyman's qualifications.
3.
All persons seeking to undertake construction work within the Township
shall provide proof of adequate workmen's compensation insurance
coverage as is required by the Commonwealth of Pennsylvania. If a
person is applying for a building or other permit from the Township
in conjunction with such work, this person shall provide proof of
this insurance at the same time as applying for a building or other
permit from the Township.
4.
All Lower Macungie Township contractors licenses shall expire on
December 31 of each year. All persons desiring to continue to conduct
construction work within the Township for the following year shall,
between December 1 and 31, surrender their current license to the
Township; upon request and payment of a renewal fee, this license
shall be renewed. The amount of this renewal fee shall be established
by resolution of the Board of Commissioners which may be revised from
time to time.
5.
A register of all current and past holders of Lower Macungie Township
contractors licenses setting forth the holder's name, business
address, and current status of license shall be maintained by the
Township. This register shall be open to the public for inspection
and examination.
6.
No person who obtained a Lower Macungie Township contractors license
shall allow his/her/its name or license be used by another person
for the purpose of obtaining permits or for conducting construction
work within the Township.
7.
The Township may revoke any Lower Macungie Township contractors license
obtained through nondisclosure, misstatement, or misrepresentation
of a material fact; through fraud or attempted fraud; or through the
violation of any provision of this Part or any other Township ordinance.
The Township may also revoke any Lower Macungie Township contractors
license where the holder of the license has violated any provision
of this Part or any other Township ordinance or has performed any
construction work in violation of an approved plan or directive of
any Township employee, contractor, or consultant.
[Ord. 2009-4, 6/18/2009; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 2009-4, 6/18/2009]
Property owners who are directly conducting construction work
on their property for their own benefit do not have to obtain a Lower
Macungie Township contractors license prior to commencing this work.
These property owner still must obtain all other required permits
and approvals for this work, and any person employed by the property
owner to do this work or any part thereof must be registered with
the commonwealth and/or obtain a Lower Macungie Township contractors
license from the Township in compliance with this Part.
