[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.
- HOME IMPROVEMENT 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.
- REGISTRATION YEAR
- 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.
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.
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.
Each successful applicant shall be issued a registration card. Additional cards may be issued for a fee as prescribed by resolution.
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.
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.
No contractor's registration shall be required of any person who performs labor or services for a contractor for wage or salary.
No contractor's registration shall be required for homeowners performing work on the homeowner's primary residence.
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.
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.
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:
The names of owners, partners, directors, members and officers of the applicant and the business address and trade names of the applicant.
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.
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:
If the applicant falsely answered any question or questions on the application form.
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:
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.
If the registered contractor fails to maintain, during the registration year, the policies of insurance required under the provisions of the chapter.
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.
If the registered contractor violates any condition or requirement of a building permit, sewer construction permit or highway permit issued by the Township.
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.
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.
If the registered contractor engages in the contracting business in the Township under any name other than the name that the contractor registered.
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. 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.
Editor's Note: See 73 P.S. § 517.1 et seq.
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]
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.