[HISTORY: Adopted by the Board of Supervisors
of the Township of Hilltown 12-23-1991 by Ord. No. 91-7. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the “Hilltown Township Contractor Licensing Ordinance.”
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 for payment other than reimbursement of costs,
whether oral or written, and whether contained in one or more documents,
between a contractor and an owner or another contractor for the performance
of work, including all labor, services, and materials to be furnished
and performed thereunder.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, repair, re-roofing,
remodeling, rehabilitation, alterations, installation, repair and/or
demolition, and shall include but not be limited to paving, concrete,
signs, alarm systems, plumbing, electrical, and any other residential
or nonresidential construction, repair alteration, or demolition in
the Township, whether as a general contractor, subcontractor, specialty
contractor, or home improvement contractor with respect to the owner.
The Code Enforcement Officer of the Township of Hilltown.
The twelve-month period beginning the first day of January
of each year and ending the 31st day of December of each year.
Any property owner, tenant, or other person who orders, contracts
for, or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift, or otherwise.
Any individual, partnership, limited partnership, association,
corporation, trust or other legal recognizable entity.
The enforcement officer or his authorized representatives
shall administer and enforce the provisions of this chapter.
A.
No person shall act as a contractor in the Township
except in compliance with the provisions of this chapter. Any person,
including an owner, who aids a contractor in violating any provisions
of this chapter is in violation of this chapter. The provisions of
this chapter may not be waived by agreement.
B.
A license issued pursuant to this chapter shall not
be construed to authorize the licensee to perform any particular type
of work or type of business regulated under other provisions of state
law or other ordinances of the Township.
A.
No person shall engage in the contracting business
within the Township without obtaining a contractor’s license.
B.
The fee for such license shall be payable annually
and fixed pursuant to a resolution of the Board of Supervisors, and
all licenses shall be issued for the calendar year, or such portion
thereof as shall remain after the issuance thereof. There shall be
no reduction in the fee for a license issued after the beginning of
any calendar year.
C.
Every person who shall apply for a license under this
chapter shall state the names of owners, partners, directors and officers
of the applicant, the trade name of the applicant and the applicant’s
home address and business address.
D.
It shall be unlawful for any person to operate as
a contractor in Hilltown Township without having first obtained a
license to do so from the enforcement officer and paying therefor
an annual fee fixed by the Board of Supervisors under separate resolution.
E.
All licensed contractors, while engaged in actual
operations within the Township, shall carry on his or her person a
license card issued by the Township, and shall display said license
card to the enforcement officer or other Township representative upon
demand.
The provisions of this chapter shall not apply
to the official transactions of any authorized representative of:
A.
The government of the United States, any state or
commonwealth of the United States, any political subdivision of any
state or commonwealth, or any agency or instrumentality of the foregoing
governments.
B.
No contractor’s license shall be required of
any person when acting in a particular capacity or particular type
of transaction as follows:
(1)
A person who performs labor or services for a contractor
for wages or salary.
(2)
A person who is required by state law to attain standards
of competency or experience, and who must obtain licensing under such
state law, as a prerequisite to engage in a craft or profession, and
who is acting exclusively within the scope of such craft or profession
for which he is currently licensed pursuant to such law.
C.
The provisions of this chapter shall not apply to
the owner or tenant of a property who performs work on the owned or
leased property.
No contractor’s license shall be issued
unless the applicant files a certificate of insurance with the enforcement
officer at the time of license application. The certificate of insurance
shall provide that the contractor carry an insurance policy providing
complete third party comprehensive liability and property damage insurance,
covering the contractor, the limits of which shall be not less than
$300,000 personal liability and $100,000 property damage. Applicant
shall also provide evidence of workers’ compensation insurance
prior to the issuance of a contractor’s license if such insurance
is required under the State Workers’ Compensation Law.[1] All types and limits of insurance for which certificates
are presented at the time of application shall be maintained throughout
the license year.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
The application for license shall be on a printed
form, provided to the applicant by the enforcement officer. Failure
to answer all questions on the application form shall mean the applicant
is not entitled to consideration of his application until he has answered
all questions. The application form shall be signed by the applicant
under oath. The questions and information requested on the application
form shall include a statement as to whether or not applicant has
been refused such license in another municipality. Applicant shall
notify the Township whether he or she has been subject to the revocation
of any similar license in another municipality within two years prior
to the date of the current application.
The application shall be granted and the license
issued within 45 days after the application has been filed, unless,
upon investigation by the enforcement officer, one or more of the
following facts are found to exist:
A.
That one or more of the statements in the application
is not true;
B.
That the applicant or any agent or any representative
of the applicant has been refused a contractor’s license or
been subject to revocation proceedings of a contractor’s license
by any other municipality within two years prior to the date of application;
C.
That the applicant or any agent or representative
of the applicant who will participate under the license has previously
violated any of the terms and provisions of any other building or
zoning ordinances of the Township.
The enforcement officer shall revoke any license
issued under the provisions of this chapter under the following circumstances:
A.
If the licensee falsely answered any question or questions
contained in the application for licensing previously submitted to
the enforcement officer.
B.
If the licensee fails to maintain, during the license
year, the policies of insurance required under the provisions of this
chapter.
C.
If the licensee violates any of the terms or provisions
of any Hilltown Township building, plumbing, electrical, mechanical,
fire, zoning or housing code or any other code pertaining to the construction,
alteration, and repair of structures or buildings, or any terms or
provisions of this chapter.
D.
If the licensee violates any condition or requirement
of any permit issued by the Township, including building, sewer construction,
or highway permits.
E.
If the licensee conducts a contractor’s business
in the Township under any name other than that for which he is licensed.
F.
If the licensee fails to comply with any order, demand,
or requirement lawfully made by the enforcement officer under the
authority of this chapter or any other Township ordinance, law, or
regulation.
A.
Any person who violates or permits a violation of
this chapter shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.
The imposition of the penalties herein prescribed
shall not preclude the Solicitor representing the Township from initiating
appropriate actions or proceedings at law or equity to effect the
purposes of this chapter.
