[Adopted 3-8-1990 by Ord. No. 1677]
This chapter shall be known and may be cited
as the "Abington Township Contractor Licensing Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
An agreement, for payment other than reimbursement of costs,
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 or the owner,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, alterations, installation, repair or demolition;
and shall include but not be limited to paying, plumbing, heating,
electrical, concrete, signs and alarm systems in both residential
and nonresidential construction, repair, alteration or demolition
in the township, whether as a general contractor, subcontractor, specialty
contractor, agent or home improvement contractor with respect to the
owner.
The twelve-month period beginning the second day of January
of each year.
Any property owner, tenant or other person who orders, 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 Superintendent of the Department of Code Enforcement
of the Township of Abington.
The Township of Abington.
The Superintendent or his authorized representative
shall administer and enforce the provisions of this chapter.
No person shall act as a contractor in the township
except in compliance with the provisions of this chapter. Any person,
including an owner, who willfully aids 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.
Every person who desires to continue to engage
in or wishes hereafter to begin to engage in the business of acting
as a contractor in the township shall, on or before the first day
of each license year, or prior to commencing business during a license
year, make application for a license to act as a contractor in the
township. Such application shall be made by the completion of a form
furnished by the Superintendent 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. Each application
for a license shall be signed by the applicant, if a natural person,
and, in the case of an association or partnership, by a member or
partner thereof and, in the case of a corporation, by an officer thereof.
Upon review and acceptance of the application by the Superintendent
or his authorized representative, a license shall be issued, which
license shall be in the form of a wallet-size card and in the form
of a vehicle sticker. Additional vehicle stickers shall be available
at a minimal cost set by the Superintendent. Every licensed contractor,
while acting as a contractor in the township, shall carry on his person
said license card and shall display it to the Superintendent or his
representative upon demand. Every licensed contractor shall at all
times display the vehicle sticker license(s) on the rear of the vehicle(s)
used primarily for the activities as a contractor. All contractors'
licenses shall expire at 12:00 midnight on the day immediately preceding
the beginning 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, and 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
shall only submit the required license fee and shall advise of any
changes to the information required and set forth on the original
application. Any person carrying on the business of a contractor in
the township shall secure a license under the terms of this chapter
in each license year during which the business is conducted in the
township.
A.
At the time of application for a new license or for
the renewal of a current license, the applicant shall deliver to the
Superintendent a license fee, payable to the township, in the sum
of $75 for the initial application and $50 for each renewal. The license
fee may be amended from time to time by the Board of Commissioners
by resolution.
B.
The fee imposed shall be payable per license year
or any portion thereof during which any application for license is
received. There shall not be a prorated reduction for a license fee.
A.
When an application has been filed with the Superintendent
in proper form, the Superintendent shall, 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 the issuance of a license is denied, the Superintendent shall mail
to the applicant by regular mail, postage prepaid, addressed to the
applicant at the address set forth on the application, a written statement
setting forth the 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 Superintendent, 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 shall not be
limited to, the following:
(1)
The names of owners, partners, directors and officers
of the applicant, the business address and the trade name of the applicant
and telephone number.
(2)
A statement as to whether or not any municipality
has refused to issue or has revoked any similar contractor's license
to the applicant within two years previous to the date of the application.
In the event that there has been such a denial or revocation, the
applicant must explain, in writing, the reasons for such denial or
revocation.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Superintendent of such change.
No contractor's license shall be issued unless
the applicant files a certificate of insurance with the Superintendent
at the time of license application. The certificate of insurance shall
contain a provision that coverages afforded under the policy shall
not be canceled until at least 15 days' prior written notice of such
cancellation has been given to the township. The certificate of insurance
must evidence policies of insurance, maintained at the expense of
the applicant, for public liability, bodily injury, property damage,
product liability and completed operations, each of which must have
a single occurrence limit of at least $100,000. Blasting and demolition
insurance shall also be required if blasting and demolition shall
be performed, and the reasonable limits of such insurance shall be
determined by the Superintendent at the time of application, based
on the nature and extent of the applicant's proposed operations. All
types and limits of insurance for which certificates are presented
at the time of application shall be maintained throughout the license
year.
No license shall be issued or renewed under
the following circumstances:
A.
If the applicant fails to comply with any of the provisions
of this chapter.
B.
If the applicant falsely answers any question or questions
contained on the application form.
C.
If the applicant has been refused a contractor's license
or has had a contractor's license revoked or suspended by this or
any other municipality within two years prior to the date of application
for issuance or renewal, and if the refusal, revocation or suspension
by this or any other municipality was due to failure to comply with
the municipality's building, electrical, mechanical, fire, zoning
or any other code pertaining to a construction, alteration or repair
of a building or structure.
The Superintendent 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 the application for licensing or renewal of licensing
previously submitted to the Superintendent.
B.
If the licensee fails 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 any Abington Township building, electrical, mechanical, fire, zoning
or any other code pertaining to construction, alteration and repair
of structures or buildings, or any terms or provisions of this chapter.
D.
If the licensee violates any condition or requirement
of any permit issued by the township, including building, sewer construction
or highway permits.
E.
If the licensee conducts a contractor's business in
the township under any name other than that under which he is licensed.
F.
If the licensee fails to comply with an order, demand
or requirement lawfully made by the Superintendent under the authority
of this chapter or any other township ordinance, law or regulation.
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 governments.
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.
(2)
A person who is required by state law to attain standards
of competency or experience and who must obtain licensing under such
state law as a prerequisite to engage in a craft or profession and
who is acting exclusively within the scope of such craft or profession
for which he is currently licensed pursuant to such law.
C.
The provisions of this chapter shall not apply to
the owner or tenant of a property who performs work on the owned or
leased property.
In addition to the refusal or revocation of
a license as provided under this chapter, any person, upon conviction
before a District Justice of a violation of this chapter, shall be
liable to a fine not exceeding $1,000 and costs of prosecution for
each offense. The fine or penalty imposed by this section shall be
in addition to any other penalty imposed by this chapter. Each day
that this chapter is violated shall constitute a separate offense
for which a separate fine or penalty may be imposed.
This chapter shall not be construed as superseding
or waiving the requirements of any other ordinance or regulation of
the township requiring the issuance of permits to plumbers, electricians
and other contractors, which permits are required as a condition to
perform work within the township.
