(A) Generally. Prior to commencing any activity, which would be classified as contracting work within the borough, every contractor shall obtain a license for such activity as provided herein. No license shall be required under the subchapter for any contractor or performing charitable or gratis or free work in the borough.
(B) License procedure. An application for a license pursuant to this subchapter shall be made in writing, signed by the applicant and submitted to the Borough Secretary. The application, in the case of a firm or corporation, should be made by an officer, agent or member of the firm or corporation. A license may then be issued in the name of the person, firm or corporation but the license shall be valid and in effect only if the licensed individual is still a member, officer or agent of such firm or corporation.
(C) License contents. The application shall contain the following:
(1) Full name and address of the person making the application or the full name and address of the firm or corporation on whose behalf the application is made;
(2) The permanent address and telephone number of the firm or corporation on whose behalf the application is made;
(3) A statement that the person applying for the license is at least 18 years of age and citizen of the United States;
(4) In the case of a partnership, the names, addresses and telephone numbers of all partners;
(5) In the case of a firm or corporation, the name and address of the principal officer of the firm or corporation and the names and addresses of all officers and directors owning, of record or beneficially, 5% or more of the outstanding interest in said firm or partnership;
(6) The classification for which the applicant seeks to be licensed;
(7) Details as to the experience and qualifications in the classification of business or activity for which a license is sought;
(8) Statement of the amount of public liability insurance carried, the name and address of the carrier, and the declaration page showing coverage;
(9) The application shall be accompanied by an indemnification agreement, approved by the borough, wherein the contractor indemnifies and holds harmless the borough of its officials, agents and employees of and from any damages caused by any negligence of the contractor performing his, her or its duties;
(10) The application shall be accompanied by the payment of fees required under this subchapter as set forth below;
(11) The application shall be in writing on such printed forms as shall be prepared by Borough Council, if any. Otherwise, any writing conforming the requirements of this subchapter will be sufficient;
(12) Requirements for any license under this subchapter shall have at least three years of actual, physical experience either as a superintendent, foreperson, manager or full-time employee in the field for which the license is requested. Proof of such experience and names/addresses of employers shall be provided with the application; and
(13) The type of license issued under this subchapter are defined above: general building contractor; moving contractor; demolition contractor; electrical contractor; plumbing contractor; heating/air conditioning contractor; and miscellaneous contractor. A separate license shall be issued for each separate classification. In the case of a miscellaneous contractor, when the license is issued, it shall specify the type of work licensed and specifically state that it falls under the definition of miscellaneous contractor pursuant to this subchapter.
(D) Action on the license application.
(1) The issuance of license under this subchapter shall be made by the Codes Enforcement Officer.
(2) The Borough Secretary shall assist the Codes Enforcement Officer by preparing and conducting any examination and investigations necessary to determine qualifications and fitness of any applicant. The Borough Secretary may further investigate and hear all written or oral complaints against current holders of licenses or license applicants.
(3) A three-day waiting period, not including weekends and holidays, shall be required between the submission of the application and the action on the application by the Borough Secretary.
(4) During this three-day waiting period, the Codes Enforcement Officer shall investigate the information on the application, including, whether any person, partner or officer of the firm or corporation has been convicted of any crime, whether the person, partnership, firm or corporation is actually located at the temporary or permanent addresses provided in the application. The Codes Enforcement Officer shall advise the Borough Secretary of the results of this investigation, in writing.
(5) (a) Within five business days of the submission of the application, the Borough Secretary shall grant or deny the application.
(b) The Borough Secretary has the right to disapprove of any application for the following reasons:
1. If any person named in that application has been convicted of a felony or misdemeanor;
2. If the Codes Enforcement Officer has not been able to confirm the authenticity of the address provided on the application;
3. If the application is incomplete;
4. If the applicant has previously violated the terms of this subchapter during the proceeding three-year period prior to this application;
5. If any information on this application is materially false or incorrect; and
6. If it is determined that the applicant lacks sufficient experience of qualifications to qualify as a contractor in the classification of business or activity for which a license is sought.
(E) License fees. Fees for the licensing under this subchapter and for all renewals thereof, shall be as fixed by the Borough Council from time to time by resolutions of said Borough Council.
(F) License term. The term of each licensing under this subchapter shall be for one year. This year shall be considered the calendar year during which the license is issued which expires on December 31. The full fee shall be payable for this license irrespective of the date on its issue.
(G) Not transferable. Under no circumstances shall a license granted under this subchapter be transferable.
(2006 Code, § 5-202) (Ord. 1/16/2003, passed 1-16-2003, § II)