[Ord. 2008-10, 2/11/2008, § 1]
No person, partnership, association, corporation,
limited liability company or like entity shall engage in business
within the Township as a building contractor, or hold themselves out
to the public as doing such business or solicit such business, without
first having registered with the Township as hereinafter provided.
Registration pursuant to this Part shall be done on an annual, calendar
year basis. The completed and insured registration form shall be present
with the contractor in the course of all construction activities in
the Township. The issued registration form shall be presented to the
inspector upon request. Any person, including an owner, who willfully
aids a contractor or participates with a contractor in violating any
provisions of this Part, is in violation of this Part. The provisions
of this Part may not be waived by agreement.
[Ord. 2008-10, 2/11/2008, § 2]
As used in this Part, the following terms shall
have the meanings indicated.
Includes any person engaged as a building contractor or the
following trades: carpenter, plumber, electrician, excavator, mason,
painter, building siding installer, roofer, paver, cement or concrete
contractor, general building contractor and any person engaged in
construction, alteration or repair of buildings or other structures,
road construction or building development for which a permit is required
under the applicable zoning, subdivision or building ordinances of
the Township.
Any person or entity doing business as a subcontractor will
be construed as engaged in the business of building contractor for
which a registration is required by this Part.
[Ord. 2008-10, 2/11/2008, § 3; as amended
by Ord. 2009-21, 11/16/2009]
The annual fee for such registration shall be
in an amount as established from time to time by resolution of Board
of Supervisors. Such annual registration shall be valid commencing
on the date of issuance until the thirty-first day of December of
the year of issuance. There shall not be a prorated reduction in the
registration fee.
[Ord. 2008-10, 2/11/2008, § 4]
Application for registration under this Part
shall contain, at a minimum, the following information: name of applicant;
name(s) of principals and officers of applicant; address; list of
other municipalities where registration/licenses are held; and whether
a license or registration has been refused or revoked within the last
two years. Applications shall be made on a form available from the
Township municipal office and shall be accompanied by a certificate
of insurance evidencing coverage under a current public liability
insurance policy, with the scope and limits of coverage stated, with
$1,000,000 being the minimum required coverage and evidence of current
workers' compensation insurance coverage. Said certificates shall
contain a provision that the coverages provided shall not be reduced,
terminated, cancelled or nonrenewed without 60 days' prior written
notice to the Township.
[Ord. 2008-10, 2/11/2008, § 5]
1.
Application for registration under this Part, signed
under oath, shall be filed with the municipal office of the Township.
Such Application shall be denied or registration issued within five
business days of the date of receipt of a complete application. An
application may be denied if insurance coverages are deemed to be
insufficient. If an application is denied, the contractor shall be
notified of the reason in writing.
2.
All repairs, maintenance work, alterations or installations
being performed by a building contractor must be done in a workmanlike
manner, in accordance with acceptable practices of the building contractor's
discipline and in accordance with all ordinances and regulations of
the Township.
3.
Every contractor required to be registered under this
Part shall, within 10 days after a material change in the information
provided in the application, notify the Municipal office of such change
or changes.
[Ord. 2008-10, 2/11/2008, § 6; as amended
by Ord. 2009-20, 9/14/2009, § 1]
1.
The following persons are not required to register
with the Township and register as a contractor:
A.
An owner serving as his own contractor and performing
construction activities on his own property and appliance installation
and repair.
B.
An individual who performs labor or services under
the supervision of a registered and licensed contractor for wages
or salary.
C.
Any "contractor," as such term is defined in the Pennsylvania
Home Improvement Consumer Protection Act, 73 P.S. § 517.1
et seq.
[Ord. 2008-10, 2/11/2008, § 7]
Any registration issued pursuant to this Part
may be revoked by the Board of Supervisors or its delegee upon a finding
that a holder of such registration has committed violations of any
Township ordinance or regulation relating to the improvement of structures
or land or development of land and construction of improvements, or
upon a finding that a holder of such a registration falsely answered
any question on the application, or no longer maintains insurance
coverage as required as a condition precedent to issuance of a registration.
Such revocation of registration shall be in addition to any fine or
penalty imposed for violation of this or other Township ordinance
or regulation.
[Ord. 2008-10, 2/11/2008, § 8]
This Part shall not be deemed or construed to
create any rights or claims against the Township, its servants, agents
or employees, by any building contractor or by any person or entity
who may claim damage or liability against any building contractor
who has performed work in the Township either with or without complying
with the provisions of this Part.
[Ord. 2008-10, 2/11/2008, § 9; as amended
by Ord. 2009-21, 11/16/2009]
1.
Enforcement of this Part shall be by action brought
before a district justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense. The Township shall provide written
notice or violation to a violator, by hand delivery or certified mail
sent to the address designated on the Application for registration,
and each day or portion of a day that the violation continues shall
constitute a separate offense under this Part.
2.
All fines and penalties collected for the violation
of this Part shall be paid to the Township Treasurer.
3.
Any construction performed by an unregistered and
unlicensed contractor may be subject to removal at the property owner's
expense.
