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.
CONTRACT
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.
CONTRACTOR
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.
OWNER
Any person, agent, firm or corporation having a legal or equitable
interest in any building, structure or lot.
PERSON
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.
[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:
A. An individual who performs labor or services for a contractor
for wages or salary.
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:
A. 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.
B. 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 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.
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.