[HISTORY: Adopted by the Board of Commissioners
of the Township of Hatfield 12-10-2003 by Ord. No. 519 (Ch. 13, Part 6, of the
1994 Code). Amendments noted where applicable.]
The following words and phrases as used in this
chapter shall have the meanings ascribed to them in this section,
unless the context clearly indicates a different meaning. The masculine
includes the feminine, the singular includes the plural and the plural
includes the singular.
An agreement, whether oral or written and whether contained
in one or more documents, between a contractor and an owner of real
property or another contractor for the performance of work, including
all labor, services and materials to be furnished and performed thereunder.
Any person who undertakes or offers to perform construction,
repair, re-roofing, remodeling, rehabilitation, demolition, paving,
and any other residential or nonresidential construction or demolition
work in the Township, whether as a general contractor, subcontractor,
specialty contractor, or home improvement contractor with respect
to the property owner. “Contractor” does not include a
bona fide employee of the contractor.
Any person who owns or operates a home improvement business
or who undertakes, offers to undertake or agrees to perform any home
improvement. The term includes any subcontractor or independent contractor
who has contracted with a home improvement retailer.
[Added 6-24-2009 by Ord. No. 586]
Any individual, partnership, limited partnership, association,
corporation, trust, limited liability company or other legally recognizable
entity.
Starting the first day of the month following the date of
adoption of this chapter ending December 31 of that year for the first
year. Beginning January 1 and running for 12 months and ending December
31 of the same calendar year thereafter.
Hatfield Township.
The Code Enforcement Officer of Hatfield Township
or his/her authorized representative shall administer and enforce
the provisions of this chapter.
Registration by a contractor pursuant to this
chapter shall not be construed to authorize the registered contractor
to perform any particular type of work or conduct any particular type
of business that is reserved to qualified licensees under other provisions
of federal, state or local law.
A.
For the registration year 2004 or part thereof and
each registration year thereafter, every person desiring to continue
to engage in or hereafter to begin to engage in the business of acting
as a contractor in the Township shall, on or before the first day
of January of the registration year or prior to commencing business
in such registration year, make application for registration to act
as a contractor in the Township.
B.
Such application for registration as a contractor
shall be made by the completion of an application furnished by the
Code Enforcement Department and the payment of the prescribed registration
fee. Each completed application must contain the information required
hereinafter by this chapter, and each applicant must present satisfactory
proof of insurance. The applicant, if a natural person, shall sign
each application for registration; in the case of an association or
a partnership, by a member or partner thereof; and in the case of
a corporation, by an officer thereof.
C.
Each successful applicant shall be issued a registration
card. Additional cards may be issued for a fee as prescribed by resolution.
D.
All contractor registrations shall expire at 12:00
midnight on December 31 of each year unless the registration is revoked
or suspended prior thereto under the terms of this chapter. A contractor
with an unexpired registration, which has not been revoked or suspended
during the current year, who makes application for registration for
the following year need not complete an application form, but must
submit the required registration fees and proof of required insurance.
If the contractor qualifies for registration and renewal under the
terms of this chapter, the contractor's registration shall be renewed
for the following year, and the contractor will be issued a new registration
card with a new number.
A.
The provisions of this chapter shall not apply to
the official transactions of any authorized representative of the
government of the United States, any state or commonwealth or any
agency or instrumentality of the foregoing governments, provided,
however, that no person engaged by the representative of any of the
foregoing shall act as a contractor in the Township unless such person
shall first have complied with and have been registered under the
provisions of this chapter.
B.
No contractor's registration shall be required of
any person who performs labor or services for a contractor for wage
or salary.
C.
No contractor's registration shall be required for
homeowners performing work on the homeowner's primary residence.
D.
No contractor's registration shall be required for
maintenance men, housekeeping, handymen and the like who work for
wage or salary and who are an employee, as defined by the Internal
Revenue Code, of the property owner and/or occupant or lease holder
of the real property on which work is being performed.
A.
No contractor's registration shall be issued unless
the applicant files a certificate of insurance naming the Township
as additional insured with the Code Enforcement Office at the time
of registration application. The certificate of insurance shall contain
a provision that coverage afforded under the policy will not be canceled
unless at least 30 days' prior notice of such cancellation has been
given to the Township. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant,
for public liability, property damage, products liability and completed
operations, each of which must have a single occurrence limit of no
less than $50,000. The Code Enforcement Office shall determine reasonable
limits of insurance for blasting and demolition contractors at the
time of the application, based on the nature and extent of the applicant's
proposed operation.
B.
All types and limits of insurance for which certificates
are presented at the time of application shall be maintained throughout
the registration year, or the registration shall be suspended or revoked
as hereinafter set forth in the chapter.
The application for contractor's registration
shall be a printed form available at the Township office or online
through the Township's web site. The application shall require a written
answer to all questions contained thereon. The application will not
be considered complete and will not be reviewed unless all questions
are answered. The applicant shall sign the application form. The questions
and information required on the application form shall include, but
not be limited to, the following:
A.
The names of owners, partners, directors, members
and officers of the applicant and the business address and trade names
of the applicant.
B.
A statement as to whether or not any municipalities,
including the Township, have refused to issue or have revoked any
similar contractor's registration or licenses of the applicant within
two years prior to the date of the application. In the event that
there has been such denial or revocation, the applicant must explain
in writing the reasons for such denial or revocation.
C.
A listing of all previous contractors' jobs completed
or accepted by the applicant within two years prior to the application,
along with a statement of the location of the jobs and the names,
addresses and telephone numbers of the party or parties who contracted
with the applicant for such jobs.
Each registered contractor shall, within 10
days after a change in ownership, directors, officers, members, management,
address or trade name, notify the Code Enforcement Office of such
change, in writing.
No registrations shall be issued or renewed
under the following circumstances:
A.
If the applicant falsely answered any question or
questions on the application form.
B.
If the applicant has been convicted within two years
prior to the date of application for any crimes or offenses related
to the applicant's work as a contractor under any federal and state
criminal statute or common law criminal offense or for violation of
any municipal ordinance. The term "conviction" shall include guilty
pleas and pleas of nolo contendere.
The Code Enforcement Office shall revoke any
registration issued under the provisions of this chapter under the
following circumstances:
A.
If the registered contractor falsely answered any
question or questions contained on an application for contractor registration
or renewal of licensing previously submitted to the Code Enforcement
Office.
B.
If the registered contractor fails to maintain, during
the registration year, the policies of insurance required under the
provisions of the chapter.
C.
If the registered contractor violates any of the terms
or provisions of the BOCA Building Code or NFPA Codes, as amended,
or its successor or any terms or provisions of this chapter.
D.
If the registered contractor violates any condition
or requirement of a building permit, sewer construction permit or
highway permit issued by the Township.
E.
If the registered contractor willfully deviates from
or disregards any plans or specifications for any contracting job
in any material respect without first obtaining the consent of the
owner, in writing, to any such change and without first notifying
the Code Enforcement Office of any such change.
F.
If the registered contractor does any business through
any person who is subject to the registration requirements of this
chapter and who is not registered as required by this chapter.
G.
If the registered contractor engages in the contracting
business in the Township under any name other than the name that the
contractor registered.
H.
If the registered contractor fails to comply with
an order, demand or requirement lawfully made by the Code Enforcement
Officer or his authorized representative under the authority of this
chapter or any other Township code.
Any person shall have the right to appeal a
decision of the Code Enforcement Office to the Board of Commissioners.
An application for appeal shall be based on a claim that the true
intent of this chapter or the rules legally adopted thereunder have
been incorrectly interpreted or the provisions of this chapter do
not fully apply.
The Board shall render its decision by way of
resolution. Copies shall be furnished to the appellant and the Code
Enforcement Officer. The Code Enforcement Officer shall, upon receiving
the decision of the Board, take immediate action in accordance with
the decision of the Board.
Any party of the appeal shall have the right
to apply to the appropriate court for a writ of certiorari to correct
errors of law. Application for review shall be made in the manner
and time required by law following the filing of the decision of the
Board.
[Added 6-24-2009 by Ord. No. 586]
All home improvement contractors that seek to perform home improvement
contracts in Hatfield Township shall, prior to receiving a building
or other permit from the Code Enforcement Department for any home
improvement contract in the Township, provide proof to the Director
of Code Enforcement that said contractor is registered with the Commonwealth
of Pennsylvania as required by the Act of October 17, 2008, P.L. 1645,
No. 132, as amended, known as the Home Improvement Consumer Protection
Act.[1] No contractor performing a home improvement contract in
the Township shall be required to register with the Township, obtain
a license from the Township or pay a fee to the Township to meet the
requirements of this section.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
A.
Any person who fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Office or who
violates a provision or fails to comply with any requirements of this
chapter or of the other applicable provisions of the Township Code,
upon conviction in a summary proceeding by a Magisterial District
Justice, shall be sentenced to pay a fine to Hatfield Township of
not less than $100 nor more than $1,000, plus costs of prosecution,
and in default of payment thereof, to imprisonment for a period of
not more than 30 days. Each day's failure to comply herewith
shall constitute a separate offense.
[Amended 6-24-2009 by Ord. No. 586]
B.
The imposition of the penalties herein prescribed
shall not preclude the Township Solicitor from initiating appropriate
actions or proceedings at law or in equity to effect the purposes
of the chapter.
