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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, to facilitate the reporting and recording of information by contractors operating within Allegheny County, as well as for the licensing of the same.
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The Council of the County of Allegheny hereby enacts as follows:
Section 1. Authorization and Scope.
Allegheny County hereby authorizes and approves the establishment of a licensing system for all contractors operating within the County for the purpose of establishing a tracking system to allow the general public to identify and compare contractors within the County, as well as to allow local, regional, and federal authorities to track, monitor and share information regarding employment eligibility of individuals employed by contractors, as well as the status of property taxes owed by the contractors' businesses.
Section 2. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractor means any person, including a subcontractor or employee of another contractor, who owns and operates a home or business improvement business or who undertakes, offers to undertake or agrees to perform any home or business improvement on a per job or contract basis, regardless of the form or extent of the contract itself. The term does not include a person for whom the total cash value of all of that person's home improvements is less than $25,000 during any period of 12 consecutive months nor a person who is improving his own home or business through their own labor. For the purposes of this ordinance, employees whose job descriptions include such work shall not be considered to be contractors only with regard to work that they perform for their regular employer in the course of their employment.
County means Allegheny County.
Classification means that division of businesses by major groups subject to the same license rate.
Fully bonded and insured means having posted all bonds and obtained all insurance required by any applicable state statute or other state regulatory authority, as well as by any local authority.
License inspector means the County Treasurer.
Person means any individual, firm, partnership, cooperative nonprofit membership, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate, holding company or other group or combination acting as a unit, in the singular or plural, and any agent or employee having charge or control of a business in the absence of the principals.
Section 3. General Requirement.
Every contractor engaged in or intending to operate, have offices in, or provide services within Allegheny County is required to pay an annual license fee and obtain a contractor's license as provided in this article.
Section 4. Purpose and Duration.
The contractor's license created by this ordinance is for the purpose of providing such regulation as may be required by the contractor subject thereto. Each license shall be issued for one calendar year and shall expire on December 31, and the license itself shall indicate the expiration date on its face. The provisions of this ordinance and the rates herein shall remain in effect from year to year as amended by County Council.
Section 5. License Fee.
The required license fee shall be paid for each contractor subject hereto according to the applicable rate classification on or before January 1st of each year. A separate license shall be required for each address within the County from which a contractor operates.
Section 6. Registration Required; Contact Information; Proof of Identity and Employment Eligibility.
A. The owner, agent or legal representative of every contractor subject to this article shall register the contractor and make application for a contractor's license on or before the due date of each year, except that a new contractor shall be required to have a contractor's license within 60 days of beginning operations within the County. Application shall be on a form provided by the license inspector which shall contain the social security number and/or the federal employer's identification number of the business owner, the business name as reported on the state or federal income tax return, and all information about the applicant and the business deemed necessary to carry out the purposes of this article by the license inspector. Each application shall include certifications in substantially the following form:
1. “[Applicant's name] certifies that the contracting business named herein is fully bonded and insured under all applicable provisions of state statute and other regulatory authority, as well as under all applicable local law.”
2. “[Applicant's name] certifies that the contracting business named herein both employs only individuals eligible to work in the United States at the time of the application, and that it will not knowingly employ any individual who is ineligible to work in the United States while licensed as a contractor in Allegheny County.”
3. “[Applicant name] certifies that the contracting business named herein complies with all applicable state laws pertaining to insurance and bond requirements for public works contractors.”
B. Contractor's licenses shall be issued in three separate classes based upon the certifications made in the applications.
1. “Class A” licenses shall be granted to contractors that are both bonded and insured, and that certify both that they employ only individuals eligible to work in the United States at the time of the application, and that they will not knowingly employ any individual who is ineligible to work in the United States while licensed as a contractor in Allegheny County. Class A licenses shall on their face describe the nature and amounts of licensee's bonding and insurance.
2. “Class B” licenses shall be granted to contractors that are not bonded or not insured, but that do certify both that they employ only individuals eligible to work in the United States at the time of the application and that they will not knowingly employ any individual who is ineligible to work in the United States while licensed as a contractor in Allegheny County. Class B licenses shall on their face describe the nature and amounts of licensee's bonding or insurance, if any.
C. Specifically in regards to the registration and/or application, the license inspector may request the full and legal name, birth date, gender, personal addresses and contact information for any person, officer, landlord, tenant, property owner, lessor, sublessor, or agent pertaining to the business, or any other person who has ownership or financial interest in the business, or any other person who has decisional or management input, consultation, oversight or control of any portion of the business. In the case of a corporation, the license inspector may additionally request the true and complete name of the corporation, certified articles of incorporation, the incorporators, agents of service, officers, the state or county of its incorporation and its principal place of business.
D. In order to carry out the purposes of this article and upon demand of the license inspector, the owner(s)/partners of a sole proprietorship or partnership other than a registered limited liability partnership must be able to verify identity and employment eligibility in order to receive or maintain a contractor's license. In order to prove identity and employment eligibility, the owner(s)/partners must show one document from list A or one document from list B and one document from list C. The documents must be originals, not copies. The only exception is that one may use a certified copy of a birth certificate.
List A
Documents That Establish Both Identity and Employment Eligibility
U.S. Passport (unexpired or expired)
Certificate of U.S. Citizenship (INS Form N-560 or N-561)
Certificate of Naturalization (INS Form N-550 or N-570)
Unexpired Foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization
Alien Registration Receipt Card with photograph (INS Form I-151 or I-551)
Unexpired Temporary Resident Card (INS Form I-688)
Unexpired Employment Authorization Card (INS Form I-688A)
Unexpired Reentry Permit (INS Form I-327)
Unexpired Refugee Travel Document (INS Form I-571)
Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)
List B
Documents That Establish Identity
Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex
ID card issued by federal, state, or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address
School ID card with a photograph , height, eye color, and address
Voter's registration card
U.S. military card or draft record
Military dependent's ID card
U.S coast guard merchant mariner card
Native American tribal document
Driver's license issued by a Canadian government authority. Persons under the age of 18 who cannot produce one of the above documents can substitute one of the following:
School record or report card
Clinic, doctor, or hospital record
Day-care or nursery school record
List C
Documents That Establish Employment Eligibility
U.S. Social Security Card issued by the Social Security Administration (other than a card stating that it is not valid for employment)
Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
Original or certified copy of a birth certificate issued by a state, county, or municipal authority or outlying possession of the United States bearing an official seal
Native American tribal document
U.S. Citizen ID Card (INS Form I-197)
ID Card for Use of Resident Citizen in the United States (INS Form I-179)
Unexpired Employment Authorization Document issued by the INS (other than those included in List A)
E. The applicant shall certify that the information given in the application is true and correct, and that all assessments and personal property taxes due and payable to the county from his or her business as a contractor have been paid.
F .Each contractor's licensee, as a condition of issuance or renewal, must maintain full and accurate contact information for responsible persons on a form provided by the license inspector.
G. Notwithstanding any other provision of law pertaining to denial, suspension or revocation of a contractor's license, the failure to comply with any provision of this section shall constitute grounds for denial, suspension or revocation of the license.
Section 7. False Application.
In the event that any person subject to the provisions of this article makes a false application for a contractor's license, or gives or files, or directs the giving or filing of any false information with respect to the license or fee required by this article, the license which was granted pursuant to the falsified application shall immediately be revoked.
Section 8. Display and Transfer.
All persons shall display the license issued to them on the original form provided by the license inspector in a conspicuous place in a publicly visible area of the business establishment at the address shown on the license. A transient or nonresident shall carry the license upon his person or in a vehicle used in the business, and the license must be readily available for inspection by any authorized agent of the County or any individual employing the contractor in any capacity. A change of address must be reported to the license inspector within ten days after removal of the business to a new location and the license will be valid at the new address upon written notification of the license inspector and compliance with zoning and building codes. Failure to obtain the approval of the license inspector for a change of address shall invalidate the license and subject the licensee to prosecution for doing business without a license. A contractor's license shall not be transferable and any change of ownership in a contractor's business shall be considered a termination of the old business and the establishment of a new business requiring a new contractor's license.
Section 9. Administration of Ordinance.
The license inspector shall administer the provisions of this ordinance, collect license fees, issue licenses, make or initiate investigations and audits to insure compliance, initiate denial or revocation procedures, report violations to the police department and assist in prosecution of violators, produce forms, make reasonable regulations relating to the administration of this article, and perform such other duties as may be duly assigned.
Section 10. Inspection and Audits.
For the purpose of enforcing the provisions of this article the license inspector or other authorized agent of the County is empowered to visit any place of business to ensure that the license required by this article is displayed in accordance with the requirements of Section 8 and 14 of this Ordinance. This section does not confer any ability to search areas that are not open to the general public, nor does it confer the right or ability to search private residences or any other location not specifically delineated herein. In the event that the inspection reveals that the licensee has not correctly displayed or does not have the required contractor's license, reasonable costs of the inspection shall be added to the correct license fee and late penalties in addition to other penalties provided herein. Each day of operation on which the required contractor's license is not properly displayed shall constitute a separate offense, with the exception that days upon which a contractor's license could not be secured due to the closure of the appropriate County office shall not count as separate offenses. The license inspector at his or her discretion may make systematic inspections of businesses within the County to ensure compliance with the license requirements, but the license inspector must investigate all complaints that are made pertaining to contractor licensing within 30 days of the date on which the complaint is made.
Section 11. Delinquent License Fees.
For nonpayment of all or any part of the correct license fee, the license inspector shall levy and collect a late penalty of five percent of the unpaid fee for each month or portion thereof after the due date until paid; provided however, that the late penalty to be collected for any one year's delinquent fee shall not exceed 30 percent of the fee due for that year. Individuals listed on the application shall be joint and severally liable for all fees and penalties associated with the contractor's business that is granted a license. No new license application shall be considered by the license inspector until all past due fees and penalties owed by any applicant listed on the new application are paid in full.
Section 12. Notices.
The license inspector may, but shall not be required to, mail written notices that license fees are due, but if notices are not mailed there shall be published a notice of the due date in a newspaper of general circulation within the city three times prior to the due date in each year.
Section 13. Denial of License.
The license inspector shall deny a license to an applicant:
A. When the application is incomplete, contains a misrepresentation, false or misleading statement, evasion or suppression of a material fact, or
B. When the activity for which a license is sought is unlawful or constitutes a public nuisance, or
C. When the applicant has unpaid liens, taxes, fees or charges due and owning to the County, or
D. When the applicant makes the application on behalf of a person, or uses or employs a person who has ownership or financial interest in the business, or has decisional or management input, consultation, oversight or control of any portion of the business, and that person is engaging or has engaged in conduct or business practices that would have provided grounds for suspension or denial.
A decision of the license inspector shall be subject to appeal to the Contractor's License Board as herein provided in Section 15. Denial shall be written with reasons stated.
Section 14. Suspension or Revocation of License.
When the license inspector determines that:
A. A license has been mistakenly or improperly issued or issued contrary to law; or
B. A licensee has breached any condition upon which his license was issued or has failed to comply with the provisions of this article; or
C. A licensee has obtained a license through a fraud, misrepresentation, a false or misleading statement, evasion or suppression of a material fact in the license application; or
D. A licensee has been convicted of an offense under a law or ordinance regulating business, a crime involving moral turpitude, or an unlawful sale of merchandise or prohibited goods;
E. A licensee has engaged in an unlawful activity or nuisance related to the business;
F. A licensee has engaged in a pattern of violations relating to state employee protection laws;
G. A licensee has knowingly or had reason to know that he utilized the services of undocumented workers; or
H. A licensee has engaged in a pattern of unfair and/or incompetent practices;
the license inspector shall give written notice to the licensee or the person in control of the business within the County by personal service or certified mail that the license is suspended pending a hearing before the Contractor's License Board for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be within 30 days from the date of service of the notice. The notice shall contain a brief statement of the reasons for suspension and proposed revocation and a copy of the applicable provisions of this article.
Section 15. Appeals to Contractor's License Board.
A. A Contractor's License Board is hereby created to review decisions of the license inspector when appealed. The Board shall be comprised of five members. One Board Member shall be a member of the building and construction trades within Allegheny County, and two Board Members shall be persons operating contractor businesses within Allegheny County; these Members shall be appointed by County Council. The remaining two Board Members shall be persons operating contractor businesses within Allegheny County and shall be appointed by the Chief Executive. All appointees shall serve two year terms on the Board, and all appointments shall be subject to confirmation by County Council. All appointments must be made within 30 days of the effective date of this ordinance. The Board must meet at least monthly, with a first meeting scheduled no later than 60 days from the effective date of this ordinance.
B. Any person aggrieved by a final assessment or a denial of a business license by the license inspector may appeal the decision to the Business License Board by written request stating the reasons therefor filed with the license inspector within ten days after the payment of the fee under protest or notice of denial is received.
C. An appeal or a hearing on revocation shall be held by the Business License Board within 30 days after receipt of a request for appeal or service of notice of suspension at a regular or special meeting of which the applicant or licensee has been given written notice. At such hearing all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The Pennsylvania rules of evidence and civil procedure shall govern the hearing. The Business License Review Board shall by majority vote of members present render a written decision based on findings of fact and the application of the standards herein which shall be served upon all parties or their representatives and shall be final unless appealed to a court of competent jurisdiction within ten days after service.
D. No person shall be subject to any penalty under this ordinance until the expiration of ten days after notice of denial or revocation which is not appealed or until after final judgment of a court of competent jurisdiction upholding denial or revocation.
Section 16. Confidentiality.
Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any official or employee to divulge or make known in any manner any particulars set forth or disclosed in any application required under this article. Nothing in this section shall be construed to prohibit the publication of statistics so classified as to prevent the identification of particular businesses.
Section 17. Violations.
Any person violating any provision of this article may be deemed guilty of a summary offense and shall be subject to a fine of no more than $300 for a first offense and $500 for second and subsequent offenses. Punishment for violations shall not relieve the offender of liability for delinquent taxes, penalties and costs as provided for herein.
Section 18. Fee Schedule.
The annual fee for the business license required under this title shall be contingent upon the number of employees a business has, according to the following schedule. All individuals listed on applications for contractors' licenses in accordance with the provisions of this title shall be counted as employees for the purposes of this section only.
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Number of employees (including owner(s)) |
License Fee |
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1-10 |
$50 |
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11-50 |
$75 |
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51-100 |
$150 |
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101-250 |
$250 |
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250+ |
$1000 |
SECTION 19. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 20. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.