Township of Lower Mount Bethel, PA
Northampton County
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Table of Contents
Table of Contents
[Ord. 2009-04, 6/15/2009, § 1]
This Part shall be known as the "Contractor Licensing Ordinance."
[Ord. 2009-04, 6/15/2009, § 2]
This Part is enacted pursuant to the authority granted to the Township under the Second Class Township Code, 53 P.S. § 65101 et seq.
[Ord. 2009-04, 6/15/2009, § 3]
The purpose and intent of this Part is to ensure that contractors performing 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, 73 P.S. § 517.1 et seq.
[Ord. 2009-04, 6/15/2009, § 4]
CONSTRUCTION WORK
Any activity regarding the construction, installation, improvements, 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.
CONTRACTOR
Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailer's net worth, to provide home improvement services to the retailer's customers. The term does not include any of the following:
A. 
A person for whom the total cash value of all of that person's home improvements is less than $5,000 during the previous taxable year.
B. 
A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements.
A. 
The term includes all of the following done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500:
(1) 
Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting.
(2) 
Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under Subsection B(6), painting, doors and windows and waterproofing.
(3) 
Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings.
B. 
The term does not include:
(1) 
The construction of a new home.
(2) 
The sale of goods or materials by a seller who neither arranges to nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.
(3) 
The sale of services furnished for commercial or business use or for resale, if the service takes place somewhere other than at a private residence.
(4) 
The sale of appliances, including stoves, refrigerators, freezers, room air conditioners and others which are designed for and are easily removable from the premises without material alteration.
(5) 
Any work performed without compensation by the owner of the owner's private residence or residential rental property.
(6) 
Any work performed by a landscaper certified by the Department of Agriculture under the act of December 16, 1992, (P.L. 1228, No. 162), known as the Plant Pest Act, 3 P.S. § 258.1 et seq., except to the extent that the work involves any of the following at a private residence:
(i) 
The construction, replacement, installation or improvement of buildings, driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, non-decorative fences, doors, lighting systems, concrete walkways and windows.
(ii) 
The placement of retaining walls, fountains or drainage systems.
(7) 
Emergency work pursuant to § 7 of the Act of December 17, 1968, (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq.
(8) 
The conversion of existing commercial structures into residential or noncommercial structures.
PERSON
An individual, partnership, limited partnership, limited liability company, joint venture or corporation.
TRADESPERSON
Any person who meets one or more of the classifications in § 5-306, Subsection 2A through F of this Part.
[Ord. 2009-04, 6/15/2009, § 5]
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 construction work, obtain a Lower Mount Bethel Township contractors license ("contractors license") from the Township pursuant to this Part or provide proof of a current and valid contractors license to the Township. If a person is applying for a building or other permit from the Township in conjunction with such construction work, and is not required to register with the Commonwealth of Pennsylvania under the Act, this Person shall obtain a contractors license or provide proof of a current contractors license at the same time as applying for a building or other permit from the Township.
[Ord. 2009-04, 6/15/2009, § 6]
1. 
Any tradesperson seeking to undertake construction work within the Township and who meets one or more of the following classifications, shall, prior to commencing such construction work, obtain a contractors license from the Township pursuant to this Part or provide proof of a current and valid contractors license to the Township. If the tradesperson is applying for a building or other permit from the Township in conjunction with such construction work, this tradesperson shall obtain a contractors license or provide proof of a current contractors license at the same time as applying for a building or other permit from the Township.
2. 
The following persons are "tradespersons" under this Part:
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. 2009-04, 6/15/2009, § 7]
1. 
No person shall commence construction work within the Township prior to registering under the Act or obtaining a contractors license under this Part, as applicable. No tradesperson shall commence construction work within the Township prior to registering under the Act and obtaining a contractors license under this Part.
2. 
Any person required by this Part to obtain a 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 which may be revised from time to time.
3. 
Any tradesperson required by this Part to obtain a contractors license shall file with his or her license application proof of his or her master's or journeyman's qualifications.
4. 
All 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, and are required to obtain a contractors license under this Part shall, between the 1st and 31st day of December, surrender their current contractors license to the Township; upon request and payment of renewal fee, this contractors license shall be renewed. The amount of this renewal fee shall be established by resolution of the Board which may be revised from time to time.
5. 
A register of all current and past holders of contractors licenses setting forth the holder's name, business address, and current status of contractors 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 contractors license shall allow his/her/its name or contractors 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 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 contractors license where the holder of the contractors 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. 2009-04, 6/15/2009, § 8; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 together with all court costs and reasonable attorneys' fees actually incurred by the Township and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. 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.