[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 3-8-2005 by Ord. No. 164. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 155.
The Board of Supervisors of Bethel Township, Delaware County,
Pennsylvania finds it to be in the best interest of the residents
of Bethel Township that contractors who engage in construction activities
in Bethel 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 chapter,
whether or not capitalized, shall have the following meanings, unless
the context clearly indicates otherwise:
The duly appointed Building Inspector of Bethel Township
shall include the duly appointed Deputy Building Inspector, Building
Department, Fire Marshal and Deputy Fire Marshal and the Township
Engineer.
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.
Any person who, as a prime contractor or as a subcontractor,
engages in construction activities and building trades within Bethel
Township, 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.
A.
No person may act as a contractor or engage in construction activities
in Bethel Township, or hold themselves out to the public as doing
such business or solicit such business in Bethel Township, except
in compliance with the provisions of this chapter.
B.
The contractor shall file a completed application on a form provided
by Bethel Township, signed under oath, and shall pay the required
fee which shall be set by the Board of Supervisors by resolution from
time to time.
C.
The Building Inspector shall act upon all applications for registration
within 10 days of receipt of the full and complete application. If
an application is denied, the contractor shall be so notified in writing.
The notification shall set forth the reason(s) for the denial. No
registration may be accepted and license issued until the contractor
has fully completed and signed the application and paid the applicable
fees.
D.
In addition to any other application requirements, a valid and in
force certificate(s) of insurance shall be filed with the Township
at the time of registration, evidencing the contractor's commercial
liability, property damage, products liability and completed operations
insurance with a minimum policy of $500,000 combined single limits
coverage for such coverage(s). Said certificate(s) shall contain a
provision that the coverage(s) provided shall not be reduced, terminated,
cancelled or nonrenewed without 60 days prior written notice to the
Township.
E.
The contractor shall acknowledge to Bethel Township, under oath and
in writing, that contractor is in compliance with all state requirements
pertaining to workers' compensation laws.
F.
It is the duty of the Building Inspector to administer and provide
for the enforcement of all the provisions of this chapter and specifically
to register and issue a license to all persons who are found to comply
with the provisions of this chapter, and to deny to register or 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.
G.
Every contractor required to be registered and licensed under this
chapter shall, within 10 days after a material change in the information
provided in the application, notify the Building Inspector of such
change or changes.
H.
The registration and license of all contractors shall expire on December
31 following the date of issue of the license unless prior thereto
the registration is revoked or suspended. Upon payment of the annual
registration fee 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 in accordance with this
chapter. In addition to the payment of any renewal fee, the contractor
shall update its registration with any information which may have
changed since contractor's last filing of an application.
I.
Unless specifically exempted by the provisions of this chapter, 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 chapter. Once issued, the license shall be
present with the contractor in the course of all construction activities
in the Township. The license shall be presented to the Building Inspector
for inspection upon request.
J.
The registration of a contractor and the issuance of a license pursuant
to this chapter shall not authorize the contractor to perform any
particular type of construction activity or authorize any project
or work which is limited to qualified registration holders under other
provisions of state or local law; and no other permit of approval
for construction activities issued by Bethel Township shall entitle
a contractor to perform construction activities unless and until the
provisions of this chapter have been fully met.
The following persons are not required to register with Bethel
Township and obtain a license as a contractor:
A.
The Building Inspector may suspend or revoke any registration and
license issued under the provisions of this chapter where it is found
that the contractor has violated any provisions of this chapter or
is performing or attempting to perform any act prohibited by this
chapter or any other Township ordinance.
B.
A violation of any condition of a construction activity permit issued
by Bethel Township shall be grounds for suspension or revocation of
the registration and license.
C.
Violation of any of the provisions of this chapter or any other Township
ordinance by any director, manager, partner, officer, salesman, agent
or employee of a contractor may be cause for suspension or revocation
unless it shall appear to the satisfaction of the Building Inspector
that the contractor had no knowledge of the wrongful conduct or following
the exercise of due diligence, the contractor was unable to prevent
the violation and the contractor has undertaken to remedy the violation.
D.
The revocation and/or suspension of a license may be appealed to
the Board of Supervisors within five business days of the notice of
same, in which case the Board of Supervisors shall conduct a hearing
to determine whether the revocation or suspension shall stand. At
least 10 days prior to the date set for the hearing, the Building
Inspector shall send notice to the contractor to permit the contractor
to attend the hearing and respond to the revocation and/or suspension.
The contractor may be represented by counsel at the hearing. The hearing
shall be at such time and place as the Board of Supervisors shall
prescribe and shall be contained in the notice to the contractor.
(1)
The decision of the Board of Supervisors shall be rendered following
the close of the hearing. If the Board of Supervisors shall uphold
the revocation or suspension of the license, the Board shall also
state the reasons therefor and the period of time for which it shall
be revoked or suspended. Any decision upholding the revocation or
suspension shall be issued in writing and sent to the contractor within
five business days of the hearing.
E.
If a contractor is refused registration and license, the contractor
may, within 10 days from the date of the notice of refusal is mailed,
request in writing, a hearing before the Board of Supervisors within
five business days of the notice of same, in which case the Board
of Supervisors shall conduct a hearing to determine whether the license
shall be issued. At least 10 days prior to the date set for the hearing,
the Building Inspector shall send notice to the contractor to permit
the contractor to attend the hearing and respond to the denial of
the registration and license. The contractor may be represented by
counsel at the hearing. The hearing shall be at such time and place
as the Board of Supervisors shall prescribe and shall be contained
in the notice to the contractor.
(1)
The decision of the Board of Supervisors shall be rendered following
the close of the hearing. If the Board of Supervisors shall uphold
the denial of the license, the Board shall also state the reasons
therefor. Any decision upholding the denial of the license shall be
issued in writing and sent to the contractor within five business
days of the hearing.
A.
Any person who shall violate any provision of this chapter or who
permits the violation of any provisions of this chapter shall commit
a summary offense and 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. In addition, the
Board of Supervisors may also prescribe imprisonment to the extent
allowed by law for the punishment of summary offenses.
B.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefore in a civil
enforcement proceeding commenced by Bethel Township, pay the fine
prescribed by this chapter, plus all court costs and fees and expenses
of Bethel Township, including reasonable attorney and other professional
fees.
C.
Any construction performed by a registered and unlicensed contractor
may be subject to removal at the property owner's expense.
D.
In enforcing the provisions of this chapter, the Township of Bethel
may avail itself of any other remedy it may have at law or in equity.
