[Adopted 12-5-2000 by Ord. No. 254]
Article III Registration
The Board of Supervisors of the Township of Concord, Delaware County, Pennsylvania finds it to be in the best interest of the residents of Concord Township that contractors who engage in construction activities in Concord Township shall be required to register with the Township, pay a license fee and secure a license from the Township prior to engaging in such construction activities.
The following words, terms and phrases, as used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer of the Township of Concord, or his duly appointed Deputy, and shall include the duly appointed Building Inspector, Deputy Building Inspector, Fire Marshal, Deputy Fire Marshal, the Director of Public Works and the Township Engineer.
- CONSTRUCTION ACTIVITIES
- The erection, alteration, repair, renovation, rehabilitation, demolition or removal of any building or structure and the excavation, filling, grading and landscaping of lots in connection therewith.
- An agreement, whether oral or written or contained in one or more documents, between a contractor and an owner for the performance of work, including all labor services and materials to be furnished and performed thereunder.
- Any person who, as a prime contractor or as a subcontractor, engages in construction activities in the Township of Concord, including, without limitation, mechanical, electrical, blasting, specialty, elevator, roofing, home improvement contractors, and earth disturbance and grading contractors. The term shall not include any bona fide employee of an owner of the premises where work is to be performed.
- Any person, agent, firm or corporation having a legal or equitable interest in any building, structure or lot.
- An individual, partnership, corporation, trust association, owner, contractor, salesman or other legal entity.
No person may act as a contractor or engage in construction activities in the Township of Concord, or hold themselves out to the public as doing such business or solicit such business in the Township of Concord, except in compliance with the provisions of this article.
It is the duty of the Code Enforcement Officer to administer and provide for the enforcement of all the provisions of this article and specifically to register and issue a license to all persons who are found to be duly qualified under and who comply with the provisions of this article, and to deny to register and issue a license to or suspend or revoke a previously issued registration and license to any person who does not so qualify or so comply.
A certificate of insurance shall be filed with the township prior to the issuance of any license, evidencing the contractor's insurance coverage of the type and in the amounts specified in § 82-15B of this article. Said certificate shall contain a provision that the coverage provided shall not be reduced, terminated, cancelled or nonrenewed without 30 days' prior written notice to the township.
[Amended 12-4-2007 by Ord. No. 320]
No contractor shall be registered and no license shall become effective until the contractor pays to the Township a registration and license fee in an amount established from time to time by resolution. All contractors who are in good standing may be issued an annual renewal license on a calendar-year basis beginning January 1 of each year upon application and the payment of a license renewal fee as set from time to time by resolution.
Except as otherwise specifically exempted by the provisions of this article, no person shall act in the capacity of contractor unless authorized to do so by a valid registration and license issued in accordance with the provisions of this article. A decal, to be supplied by the Code Enforcement Officer, indicating that the contractor is currently registered and licensed, shall be affixed to all motor vehicles used by the contractor in the course of all construction activities in the township. The decal shall be located on the outside of the motor vehicle at locations designated by the Code Enforcement Officer.
The following persons are not required to register with the township as a contractor:
An individual who performs labor or services for a contractor for wages or salary.
The Code Enforcement Officer shall act upon all applications for registration within 30 days of receipt of a full and complete application. If an application is denied, the applicant shall be so notified in writing. The notification shall set forth the reason for the denial.
An applicant for any registration required by the provisions of this article shall file a written application on a form supplied by the township, which shall be signed and under oath. The application shall require (among other items) the names of owners, partners, directors and officers of the applicant, and the business street addresses and trade names of the applicant, together with a certificate of insurance written for not less than any limit of coverage specified under this article. The contractor shall take out and maintain at his own expense, during the life of the registration, public liability, property damage, products liability and completed operations insurance. Said applicant must provide a current certificate of insurance to the township written for a minimum policy of $500,000 combined single limits covering said requirements.
Any applicant for any registration shall comply with the statutory requirements of the Commonwealth of Pennsylvania pertaining to the worker's compensation law.
Every registered contractor shall, within 10 days after a change in control of ownership or management, or change of address or trade name, notify the Code Enforcement Office of such change or changes.
The registration and license of all contractors shall expire on January 1 following the date of issue unless prior thereto the registration is revoked or suspended. Upon payment of the annual registration fee, as prescribed in § 82-12, prior to the expiration date, a registration and license may be renewed for another year, and the authority to engage in construction activities shall continue during said renewal year unless and until it is revoked or suspended by the Board of Supervisors of Concord Township.
The Code Enforcement Officer may, upon approval of the Board of Supervisors, suspend or revoke any registration and license issued under the provisions of this article where it is found that the contractor has violated any provisions of this article or is performing or attempting to perform any act prohibited by this article, or violates any provision of the Code of the Township of Concord, Chapter 82.
A violation of any condition of a construction activity permit issued by the Township of Concord shall be grounds for suspension or revocation of the registration and license.
Any violation of any of the provisions of this article upon the part of any director, manager, partner, officer, salesman, agent or employee of a contractor shall be cause for suspension or revocation of the registration of the contractor unless it shall appear to the satisfaction of the Board of Supervisors and Code Enforcement Officer that the individuals engaged in the management of the contractor:
For the protection of the residents of the Township of Concord, no registration or license, shall be issued or continued if already issued; in the event that:
The contractor or the management personnel of the contractor's company has demonstrated a lack of ability or willingness to comply with and/or abide by the provisions of the Code of the Township of Concord.
The business transactions of the contractor demonstrate a practice of failure to perform contracts or the manipulation of assets or accounts, or fraud or bad faith.
The Board of Supervisors may suspend or revoke any registration and license following a hearing. At least 10 days prior to the date set for the hearing, the Code Enforcement Office shall notify the contractor in writing of any charge made, and afford said contractor an opportunity to be heard in person and by counsel in reference thereto. Such written notice shall be served by delivery of the same to the contractor in person or by certified mail to the business address of record of such contractor. The hearing on such charges shall be at such time and place as the Board of Supervisors shall prescribe.
If the Board of Supervisors shall determine that the contractor is guilty of any violation of any of the provisions of this article, the contractor's registration and license may be revoked or suspended for such period of time as shall be determined by the Board of Supervisors.
If a person is refused a registration and license, the person may, within 10 days from the date the notice of refusal is mailed, request a hearing. Said hearing must be held within 30 days from the date of the request and the Board of Supervisors must render its decision within 20 days following the hearing.
The registration of a contractor and the issuance of a license pursuant to this article shall not authorize the contractor to perform any particular type of construction activity which is limited to qualified registration holders under other provisions of state or local law; and no other permit or approval for construction activities issued by Concord Township shall entitle a contractor to perform construction activities unless and until the provisions of this article are complied with.
Any person who shall violate any provision of this article or who permits the violation of any provisions of this article shall pay a fine of $600.
Each violation for each separate day and each violation of any provision of this article shall constitute a separate and distinct violation.
Any person who violates or permits the violation of any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by Concord Township, pay the fine prescribed by this article, plus all court costs, including reasonable attorney fees, incurred by Concord Township.
If any part of this article is for any reason found to be illegal or invalid, such illegality or invalidation shall not affect any of the remaining parts of this article, which shall continue to be fully operative as if the illegal or invalid part had not been enacted.
This article shall become effective the 1st day of January 2001.