Code of the Township of Abington
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PART II GENERAL LEGISLATION: Chapter 63, CONTRACTOR
[HISTORY: Adopted by the Board of Commissioners of
the Township of Abington 3-8-1990 by Ord. No. 1677.
Amendments noted where applicable.]
Building construction -- See Ch. 62.
Plumbing -- See Ch. 121.
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:
CONTRACT -- 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.
CONTRACTOR -- 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.
LICENSE YEAR -- The twelve-month period beginning the
second day of January of each year.
OWNER -- 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.
PERSON -- Any individual, partnership, limited partnership,
association, corporation, trust or other legally recognizable
SUPERINTENDENT -- The Superintendent of the Department
of Code Enforcement of the Township of Abington.
TOWNSHIP -- The Township of Abington.
The Superintendent or his authorized representative
shall administer and enforce the provisions of this
63-4. Compliance required.
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.
63-5. Craft licenses.
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.
63-6. License required; applications and renewals.
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.
63-7. License fees.
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.
63-8. License issuance or refusal; form of application.
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
(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
63-9. Changes in ownership, management, address or
Every contractor licensee shall, within 10 days after
a change in ownership, directors, officers, management,
address or trade name, notify the Superintendent of
63-10. Insurance required.
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.
63-11. Standards for refusal of issuance or renewal
No license shall be issued or renewed under the following
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
63-12. Revocation of license.
The Superintendent shall revoke any license issued
under the provisions of this chapter under the following
A. If the licensee falsely answered any question or
questions contained on the application for licensing
or renewal of licensing previously submitted to the
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.
63-13. Exceptions and exemptions.
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.
63-14. Violations and penalties.
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
63-15. Effect on other provisions.
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.