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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 63, CONTRACTOR REGISTRATION

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 3-8-1990 by Ord. No. 1677. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 62.

Plumbing -- See Ch. 121.

63-1. Title.

This chapter shall be known and may be cited as the "Abington Township Contractor Licensing Ordinance."

63-2. Definitions.

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 entity.

SUPERINTENDENT -- The Superintendent of the Department of Code Enforcement of the Township of Abington.

TOWNSHIP -- The Township of Abington.

63-3. Enforcement.

The Superintendent or his authorized representative shall administer and enforce the provisions of this chapter.

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 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.

63-9. Changes in ownership, management, address or trade name.

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.

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 of license.

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.

63-12. Revocation of license.

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.

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 imposed.

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.