[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland 1-3-2017 by Ord. No. 435. Amendments noted where applicable.]
Uniform construction codes — See Ch. 129.
Editor's Note: This ordinance also repealed former Ch. 134, Contractors, Registration of, adopted 5-25-2004 by Ord. No. 314, as amended.
This chapter shall be known as "Contractor Requirements."
The Board of Supervisors of West Whiteland Township finds it in the public interest that only qualified persons be permitted to engage in the business of contractor in West Whiteland Township, and the Commonwealth of Pennsylvania has mandated that Townships maintain on file a certification of insurance showing workers' compensation insurance coverage for contractors doing work in the Township which requires a building permit.
After the passage of this chapter, it shall be unlawful for any person, firm, corporation, partnership, or other association who takes or offers to perform new construction, installation, repair, remodeling, rehabilitation, demolition, and any other residential or nonresidential construction or demolition work in the Township before first submitting a certificate of workers' compensation and liability insurance as described herein. This requirement shall apply to all contractors, such as, but not limited to, electricians, air-conditioning and heating contractors, plumbers, carpenters, general contractors, concrete contractors, fire protection, fire alarm, fire extinguisher service, or any other type of contractor performing work for hire in the Township. Contractors excluded shall be for contracting any type work not regulated by the West Whiteland Township's Building, Plumbing, Fire Prevention, Energy Conservation, Fuel Gas, Residential One- and Two-Family Dwelling, Mechanical, Plumbing, or Electrical Codes.
Definitions relating to contractor requirements shall be as follows:
- CODE ADMINISTRATION OFFICER
- The Code Administration Officer of West Whiteland Township.
- An agreement, 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 the bona fide employee of the owner, who undertakes or offers to perform construction, installation, repair, reroofing, remodeling, rehabilitation, demolition, plumbing, HVAC, electrical, 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 owner.
- FIRE PROTECTION CONTRACTOR
- Any person, firm, corporation, partnership, or other association to carry on or work at the business of installing, designing, repairing, or servicing automatic fire suppression systems (wet/dry sprinklers, hood and duct systems, CO2/halon, dry chemical, etc.), or automatic/manual fire alarm systems, portable fire extinguishers (whether serviced in the Township or not), or other fire protection systems required by the Building or Fire Prevention Codes.
- 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 legally recognized entity.
- West Whiteland Township.
The Code Administration Officer or his or her authorized representatives shall administer and enforce the provisions of this chapter.
No person shall act as a contractor in the Township except in compliance with the provisions of this chapter. Any person, including the owner, who willfully aids a contractor or participates with 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.
No building permit shall be issued unless a valid certificate of insurance is filed with the Code Administration Offices. The certificate of insurance shall contain a provision that coverage afforded under the policy will not be canceled until at least 25 days' prior written notice of such cancellation has been given to the Township. Each policy, except the workers' compensation policy, must have a single occurrence limit of at least $300,000. In addition to the above, blasting and demolition insurance shall also be required for blasting and demolition contractors, and the reasonable limits of such insurance shall be determined by the Code Administration Officer at the time of application, based on the nature and extent of the applicant's proposed operations.
Fire protection contractors are required to maintain a minimum insurance coverage of $1,000,000 property damage and $500,000 personal injury coverage per occurrence.
All types and limits of insurance for which certificates are presented shall be maintained in a current status.
Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of this chapter shall be guilty of a summary offense, punishable by a fine of not less than $100 nor more than $1,000 and cost, and upon default of the payment of the fine and cost, imprisonment not exceeding 30 days. Each day that a violation continues shall be deemed a separate offense.
The accepting of insurance certificates, under this chapter, by the Township or any of its designated officials shall not constitute a representation, guarantee, or warranty of any kind by the Township or any of its officials or employees as to the proper manner of construction or repairs, and shall create no liability upon or a cause of action against such public body, officials or employees for any damages or injury that may result pursuant thereto.