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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, creating a Home Improvement Contractor Registration Program within the County and further providing for registration procedures and fees; providing for the implementation and enforcement of the program; providing for community access to contractor information; and establishing a process for citizen involvement.
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The Council of the County of Allegheny hereby enacts as follows:
Section 1. Establishment of a Home Improvement Contract Registration (HICR) Program
There is hereby created a Home Improvement Contractor Registration (HICR) program within the County of Allegheny.
Section 2. Definitions
The following words and phrases when used in this ordinance shall have the meanings given to them in this section unless the context clearly indicates otherwise:
Certificate shall mean a numbered Certificate of Registration issued pursuant to this ordinance.
Company shall mean a sole proprietorship, partnership, corporation, limited liability company, limited partnership or joint venture as defined by Pennsylvania statute.
Contractor shall mean any person, including a subcontractor or employee of another contractor, who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement.
HICR Program shall mean Home Improvement Contractor Registration Program.
Home Improvement shall include, but not be limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, rehabilitation or sandblasting of or addition to any land or building, or that portion thereof, which is to be used or designed to be used as a private residence or the construction, replacement, installation or improvement of driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, doors and windows and waterproofing in connection with such land or building or that portion thereof which is used or designed to be used as a private residence in which the total cash price for all work agreed upon between the contractor and owner exceeds $200.
Home Improvement Contractor Registration Program shall mean the program as established in this ordinance.
Owner shall mean a person who owns or resides in a private residence and includes any agent of that person. An owner of a private residence shall not be required to reside in such residence to be deemed an owner under this ordinance.
Person shall mean any individual, partnership, association or corporation, including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise.
Private Residence shall mean a single family dwelling, a multifamily dwelling consisting of not more than three units or a single unit located within any multifamily dwelling, including, but not limited to, condominiums and co-op units.
Section 3. Individuals/Companies Required to Register
All persons or companies that solicit, bid on or perform private residence home improvement work in excess of $400 during any period of twelve (12) consecutive months as a contractor or subcontractor within Allegheny County are required to register for the HICR Program.
Section 4. Registering for the HICR Program
A. Application for Registration - Any party required to register under Section 3 of this ordinance shall do so by requesting an application for certification from the Allegheny County Prothonotary's Office. The application shall include a request for the following information:
1. Name, home address, phone number, fax number (if applicable), email address (if applicable) and Driver's License number of the person completing the application;
2. Name of the company or individual which is seeking registration, mailing address, phone number, fax number (if applicable), email address (if applicable) and Federal, State and County tax identification numbers;
3. Indication of whether the company is a sole proprietorship, partnership, corporation, limited liability company, limited partnership or joint venture as defined by PA Code;
4. A list of names of other partners, shareholders, officers, principals or owners in the company and their title/relationship;
5. Indication of whether the company has general liability, automobile liability, and workers' compensation coverage, the name of the insurer, the insurer's address and telephone number, policy number and requirement that a certificate of insurance with the County listed as certificate holder be submitted with the application;
6. General information on the company including number of employees, type of business the company does, years in business, number of contracts per year and a list of municipalities of principal operation;
7. A series of statements in which the applicant indicates whether the individual/company applying for registration has ever been:
i. Convicted of a criminal offense related to a home improvement transaction, a crime of deception or a crime involving fraudulent business practices;
ii. Had a civil judgment entered against them in a case involving a home improvement transaction;
iii. Suspended or disbarred from participating in any Federal, State or Local program through which funding or assistance is provided to consumers for home improvements;
iv. Refused a building permit and asked for an explanation of the refusal and municipality involved;
v. Refused an occupancy permit after completion of a home improvement contract and asked for an explanation of the refusal and municipality involved;
vi. Issue a stop work order and asked for an explanation of the issuance and municipality involved.
B. Submission of Application; Fee for Registration - The application, once completed, shall be submitted with a $50 fee to the Prothonotary's Office for processing. The form of payment shall be determined by the Prothonotary and information regarding the accepted forms of payment included on the application and any other materials related to the HICR Program.
C. Issuance of Certificate of Registration - Upon submission by the applicant, the information provided on the application shall be verified by the Prothonotary's Office. If the application meets the criteria set forth in this ordinance and all requested information is present, a numbered certificate of registration will be issued and sent to the applicant.
D. Denial of Certification - Incomplete submissions or applications with incorrect or unverifiable information shall be returned to the applicant with notice providing the reason for its return. It shall be the responsibility of the applicant to reapply. If the application is returned because of incomplete, incorrect or unverifiable information, the application fee shall be forfeited and the applicant must pay the fee again with reapplication.
Section 5. Renewal of Registration
A. Renewal of Registration -- Persons and companies required to register shall annually renew such registration. Renewal shall be accomplished by signing and submitting a prepared statement that the information on the original application has not changed or by submitting a revised application with appropriate changes.
B. Late Renewal of Registration - It shall be the responsibility of the registrant to renew their registration in a timely fashion. Late application for renewal will result in a $5 surcharge being added to the renewal fee. If more than six months has elapsed since the registration's expiration, renewal of registration is not available. Application after the six months shall be made as if being made for the first time.
Section 6. Revocation of Registration
The framework, guidelines and process for revocation of registration shall be established by the HICR Advisory Group and confirmed by County Council within six months of the ordinance's enactment date. Upon approval, such framework, guidelines and process shall become the new Section 6 of this ordinance.
Section 7. Reapplication for Registration
The framework, guidelines and process for reapplication for registration shall be established by the HICR Advisory Group and confirmed by County Council within six months of the ordinance's enactment date. Upon approval, such framework, guidelines and process shall become the new Section 7 of this ordinance.
Section 8. HICR Advisory Group
A. Advisory Group Makeup - An advisory group shall be appointed by County Council to establish policy and procedure for reapplication and revocation of registration. The group shall have a total of seven members. Five members shall provide representation from municipal government, a builders' association, a consumer advocate, the courts and building inspection. The remaining two members shall be the District Attorney or his designee and a designee of the Association for the Advancement of Retired People (AARP).
B. Report/Recommendations to Council - The Advisory Group shall provide a final report and recommendations for stated policies and procedures to Council within six months of the ordinance's enactment. The work, as presented to County Council, shall only receive a vote of approval or disapproval. A vote of the simple majority of seated members of Council shall approve the work and provide for immediately implementation of the policies and procedures. Disapproval of the work shall result in comments being provided to the Advisory Group from Council regarding their reasons for disapproval and a request that revised policies and procedures be submitted to Council within sixty (60) days.
C. Further Responsibilities of the Advisory Group - The Advisory Group shall meet annually following the approval of the policies and procedures in order to review the program and make recommendations to Council regarding appropriate changes. Council may also request that the group meet to review and advise Council on related issues deemed appropriate.
Section 9. Penalty for Non-Registration
If a person or company that is required to register under the provisions of this ordinance has not complied with these provisions, charges may be filed by the municipal building inspector in the office of the district magistrate. A first offense shall result in a fine of $500; a second offense shall result in a fine of $1,000 and a third offense shall result in a fine of $2,500. All fines must be satisfied before registration is granted.
Section 10. Publication of Contractor Information
The list of contractors who are registered, their contact information and registration number shall be made accessible through the Allegheny County website. It shall be the responsibility of the Prothonotary to make said information available through their website or to convey the data to the Division of Computer Services for their use to create a webpage that will satisfy this provision of the ordinance.
SECTION 11. 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 12. 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.