(1) Definitions.

(a) Contractor. Any person who performs or offers to perform any construction, repair, alteration, addition, remodeling, rehabilitation, demolition or any other residential or non-residential construction.
(2) License required.

(a) No person shall act as a Contractor unless that person possesses a current and valid license issued under this Section.

(b) License exceptions. The following persons shall not be required to obtain a license under this Section:

(.1) owners who perform their own construction and/or demolition work;

(.2) engineers or architects licensed by the Commonwealth of Pennsylvania;

(.3) governmental employees performing construction or demolition activity for their governmental employer as part of their official duties. This exception does not apply to Contractors retained by a governmental entity;

(.4) a Contractor already licensed by the Department; and

(.5) a Contractor who does not perform any job for which the Contractor is paid more than five hundred dollars ($500).

(c) A license under this Section shall be renewed every three (3) years upon payment of the one hundred and fifty (150) dollar renewal fee, subject to the conditions set forth in subsections 9-1004(3), (4), (5), and (6).[640]

(3) Application Requirements. Applications for a Contractor's license shall be made on forms to be supplied by the Department. No license shall be issued until the applicant:

(a) provides the Department with a copy of the applicant's business privilege license and tax identification number;

(b) provides the Department with proof that the applicant has obtained the insurance required by this Section;

(c) pays a non-refundable application fee of $150.00; and

(d) complies with any additional requirements imposed by the Department by regulation.

(4) Insurance Requirements.

(a) All Contractors licensed under this Section shall maintain, at a minimum, the following types and amounts of insurance:

(.1) workers' compensation where applicable: statutory limits;

(.2) comprehensive general liability insurance: in an amount determined by the Law Department and the Risk Manager;

(.3) products and completed operations, and/or errors and omissions: in an amount determined by the Law Department and the Risk Manager; and

(.4) motor vehicle liability insurance: in an amount determined by the Risk Manager.

(b) Copies of insurance certificates shall be submitted to the Department to show proof of insurance coverage before a license will be issued.

(c) Failure to maintain proper insurance, and to provide proof of continued coverage by submitting renewal certificates to the Department, will result in the revocation or non-renewal of the license.

(5) Required Conduct.

(a) Every licensed Contractor shall notify the Department in writing within ten days of any change in any of the information required to be submitted to the Department under § 9-1104(3).

(b) A Contractor must secure all required permits prior to commencement of construction or demolition;

(c) All advertisements and Contractor's stationery shall include the Contractor's license number; and
(d) Contractors must comply with all provisions of The Philadelphia Code.

(e) Contractors must correct any code violation cited by the Department as a result of such Contractor's work activity within the period for compliance specified in the notice from the Department.

(f) Contractors shall maintain complete financial and construction records (including plans) for each job performed, for four years after the completion of the job. All such records shall be subject to audit by the Department for a period of four years after the completion of a job.

(6) Prohibited Conduct.

(a) No Contractor shall perform any construction or demolition work without first securing all required permits.

(b) No Contractor shall deviate from or disregard in any material respect the plans and specifications approved by the Department, unless such change has been approved by the Department.

(c) No Contractor shall permit another person to use the license assigned to the Contractor to secure permits or perform activity regulated under this Section.

(d) No Contractor shall provide false information on any license or permit application filed with the Department.

(e) No Contractor shall employ an unlicensed subcontractor to perform any activity regulated under this Section.

(7) License Suspension and Revocation; Other Remedies.

(a) The Department may suspend or revoke any license granted under this Section for any of the following reasons, after an administrative hearing conducted after notice of the proposed suspension or revocation has been sent to the licensee:

(.1) repeated failure to comply with the provisions of The Philadelphia Code;

(.2) failure to obtain or maintain the insurance required by this Section;

(.3) failure to pay any fine imposed for a violation of any provision of this Section or of Title 4 of The Philadelphia Code within ten days of imposition by a final order from which all appeals have been exhausted;

(.4) failure to pay a tax or charge imposed in connection with the activity licensed under this Section;

(.5) repeated failure to secure required permits;

(.6) repeated failure to provide the Department with accurate cost estimates of construction activity on permit applications; or

(.7) repeated failure to comply with violation notices issued by the Department.

(.8) conviction of a crime of fraud or dishonesty and connection with the licensed activity.

(b) The Department may refuse to issue permits to any Contractor who has failed to correct any outstanding code violations resulting from work performed under previously issued permits.

(c) License revocation for (.8) above shall be a period of five years.

(8) Penalties.

(a) Notwithstanding any other provision of this Title (including, but not limited to, Section 9-105), any person who violates any provision of this Section or any regulation adopted pursuant to this Section shall be subject to a fine not exceeding three hundred dollars ($300) or to imprisonment not exceeding ninety (90) days or to both. The penalties set forth in this subsection (8) shall be in addition to the remedies set forth in subsection (7).