Township of Haverford, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Haverford 2-10-1975 by Ord. No. 1593; amended in its entirety 1-25-1982 by Ord. No. 1831. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 4, Part 4, Art. VI.
Building construction — See Ch. 58.
Electrical standards — See Ch. 73.
Housing standards — See Ch. 104.
Plumbing — See Ch. 132.
Restoration services providers — See Ch. 143.
Sewage and drainage facilities — See Ch. 149.
Streets and sidewalks — See Ch. 157.
Subdivision and land development — See Ch. 160.
The Board of Commissioners finds it to be in the best interests of the residents of Haverford Township, Delaware County, Pennsylvania, that persons or firms who engage in construction, repairs, remodeling, rehabilitation or demolition and operating as general contractors, subcontractors, specialty contractors or home improvement contractors, or who engage in landscaping, lawn care, tree surgery, exterminating or pest control, shall be required to obtain a license from the township for such purpose, to the end that only responsible and qualified persons shall be permitted to engage in such business in said Township of Haverford.
No person or firm may engage in or transact any construction, building repairs, remodeling, rehabilitation or demolition business or operate as general contractors, subcontractors, specialty contractors or home improvement contractors or be engaged in landscaping, lawn care, tree surgery, exterminating or pest control or hold themselves out to the public as doing such business or solicit such business in the Township of Haverford, Pennsylvania, except in compliance with the applicable provision of this chapter. No person or firm may engage in this township in any trade or practice or other act prohibited by any provision of this chapter, and any person or firm who willfully participates in a prohibited act or violation is subject to the criminal penalty therefor. The provisions of this chapter may not be waived by agreement.
A. 
A license issued pursuant to this chapter may not be construed to authorize the licensee to perform any particular type of work or kind of business which is reserved to qualified licensees under other provisions of state or local law; nor shall any licensee or authority other than as issued or permitted pursuant to this chapter authorize engaging in the construction, building repairs, remodeling, rehabilitation, demolition or home improvement business in the Township of Haverford.
B. 
This chapter shall not apply to the official transactions of an authorized representative of the United States of America or an instrumentality thereof, or any state, the District of Columbia or territory of the United States, any city or county thereof or any instrumentality of a state or political subdivision thereof.
As used in this chapter, the following terms shall have the meanings indicated:
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, and includes all labor, services and materials to be furnished and performed thereunder.
CONTRACTOR
Any person, other than a bona fide employee of the owner, who undertakes or offers to work, whether or not such person is licensed or subject to the licensing requirements of this chapter and whether or not such person is a prime contractor or subcontractor with respect to the owner.
OWNER
Any person holding legal or equitable title to real property and any tenant or other person authorized to contract for or purchase the services of a contractor, subcontractor, specialty contractor or home improvement contractor, or restoration services provider as defined herein.
[Amended 3-13-2017 by Ord. No. 2807]
PERSON
Includes an individual, partnership, corporation, trust, association, owner, contractor, or other legal entity.
[Amended 3-13-2017 by Ord. No. 2807]
PROPERTY MANAGEMENT
The managing of real property for others by a company which provides services including collecting rents, renting, awarding structural and nonstructural maintenance contracts and supervising repairs, alterations or rehabilitation.
[Added 3-9-1992 by Ord. No. 2143]
RESTORATION SERVICES CONTRACTOR
A person or entity offering any of the following services for a condemned or fire-damaged building, or a building that has been the subject of other natural or man-made disaster: restoration, emergency response and/or repairs, boarding of windows, doors or other openings, and any other related services to secure the damaged building.
[Added 3-13-2017 by Ord. No. 2807]
SOLICITATION
The act, at or near the scene of a fire or during the occurrence of Police and/or Fire Department operations relating to a fire scene and/or a natural or man-made disaster, of seeking, persuading, enticing or in any way offering assistance of services which have not been requested by the person solicited.
[Added 3-13-2017 by Ord. No. 2807]
A. 
It is the duty of the Director of Code Enforcement to administer and provide for the enforcement of all provisions of this chapter and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this chapter and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Director of Code Enforcement is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by this chapter, § 67-9B, and the license fee having been paid.
B. 
A certificate of insurance acceptable to the Director of the Department of Code Enforcement shall be filed with the township prior to the issuance of a license. These certificates shall contain a provision that coverages afforded under the policy will not be canceled until at least 15 days' prior written notice has been given the Township of Haverford.
[Amended 3-9-1992 by Ord. No. 2143; 2-8-1993 by Ord. No. 2168]
No license shall be issued or become effective until the applicant therefor pays required fees payable to the Township of Haverford. License fees shall be fixed by resolution of the Board of Commissioners, which may be amended from time to time.
Except as otherwise specifically exempted by the provisions of this chapter, no person shall act in the capacity of general contractor, subcontractor, specialty contractor or home improvement contractor or engage in building maintenance, lawn care and lawn maintenance unless authorized to do so by an existing license issued in accordance with the provisions of this chapter.
No contractor's license shall be required of any person when acting in the particular capacity or particular type of transaction set forth in this section:
A. 
An individual who performs labor or services for a contractor for wages or salary.
B. 
Any person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, and who is acting exclusively within the scope of the craft or profession for which he is currently licensed pursuant to such other law.
[Amended 6-30-1986 by Ord. No. 1960; 3-9-1992 by Ord. No. 2143; 3-13-2017 by Ord. No. 2807]
A. 
When an application has been filed with the Director of Code Enforcement in proper form, the Director must, within a period of 30 days from the date following the date the application is received, issue or refuse the appropriate contractor's licenses to the applicant. If an application for a license is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the license.
B. 
An applicant for any license required by the provisions of this chapter shall file a written application on a form provided by the Code Enforcement Office, which shall be signed under oath. The application form shall require the following information:
(1) 
The name, address and telephone number of the business for which the license is sought;
(2) 
The type of business organization under which the business is operated (e.g., sole proprietorship, partnership, corporation, etc.);
(3) 
The name, home and business addresses and telephone numbers of all of the owner(s) partners, directors and officers of any applicant and the business addresses and trade names of the applicant, together with a certificate of insurance written for not less than any limits or coverage specified under this chapter. The contractor shall take out and maintain at his expense during the life of this license such public liability insurance, property damage, products liability and completed operations insurance (single limits: $300,000). Blasting and demolition insurance limits shall be determined at the time of application for a permit.
[Added 3-13-2017 by Ord. No. 2807]
In addition to the requirements of § 67-9 above, in order for a restoration services contractor to obtain a license hereunder, such restoration services contractor shall meet the following requirements:
A. 
The following vehicles and equipment shall be owned by the applicant, garaged by the restoration services company, and available on call for service at the request of the Township, its Police Department or its Fire Department:
(1) 
One light-duty vehicle equipped with all necessary tools, materials and/or equipment required to safely conduct emergency repairs or restoration services to a condemned or fire-damaged property.
B. 
All of the aforesaid required vehicles shall bear a sign indicating the name and telephone number of the applicant's restoration services business, and the applicant shall make said vehicles available for verification by the Township.
C. 
All of the aforesaid required vehicles shall be maintained in a safe and usable operating condition.
D. 
The applicant's place of business shall be located within the Township or within 10 miles of the Township's boundaries in order that the response time to a call for service is immediate and to insure full compliance with Township ordinances and supervisory control thereof.
E. 
All applicants shall maintain the following insurance, naming the Township, its officers, agents, and employees as additional insureds, and present proof thereof to the Township at the time of application for license. Nothing contained in this section shall be construed as limiting the extent of the restoration services company's responsibility for payment of damages resulting from the operations pursuant to its license.
(1) 
Liability.
(a) 
The restoration services company shall maintain a general liability policy which includes comprehensive, premises-operations, contractual insurance, and independent contractor or subcontractor.
(b) 
The comprehensive general liability policy shall have a bodily injury and property damage combined single limit of liability of $1,000,000 minimum, per occurrence.
(2) 
Excess/umbrella. The restoration services company shall obtain minimum coverage limits of $2,000,000 per occurrence. The additional limits are above the comprehensive general liability and automobile liability policies.
F. 
All of the aforesaid vehicles shall be equipped with a two-way communication system such as two-way radios or mobile telephones.
[Amended 3-13-2017 by Ord. No. 2807]
A. 
The Director of Code Enforcement shall issue a notice of intent to refuse, suspend or revoke any licenses issued under the provisions of this chapter if:
(1) 
The Director of Code Enforcement finds that the licensee has violated any provisions of this chapter or is performing or attempting to perform any act prohibited by this chapter and/or any other codes, regulations or ordinances of the Township of Haverford.
(2) 
Where any condition of a permit is violated.
B. 
Any violation of any of the provisions of this chapter 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 license of the contractor unless it shall appear to the satisfaction of the Director of Code Enforcement that the individuals engaged in the management of the contractor had no knowledge of the wrongful conduct or were unable to prevent the violation.
A. 
The Board shall suspend or revoke any license or authority to do business only after a hearing. At least 10 days prior to the date set for the hearing, the Director of Code Enforcement shall notify the licensee in writing of any charge made and afford said licensee 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 licensee by certified mail to the business address of such licensee of record with the Board. The hearing on such charges shall be at such time and place as the Board of Commissioners shall prescribe.
B. 
If the Board of Commissioners shall determine that any licensee is guilty of any violation of any of the provisions of this chapter, the authority of the licensee to do business may be revoked or suspended for such period of time as shall be determined by the Board of Commissioners.
C. 
If a license is refused, the applicant may, within 10 days from the date a 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 Commissioners must render its decision within 20 days following the hearing.
[Added 3-13-2017 by Ord. No. 2807[1]]
For the protection of the people of this Township, no license shall be issued or continued if already issued where:
A. 
The person or the management personnel are untrustworthy or not of good character; or
B. 
The business transactions of the person have been marked by a practice of failure to perform contracts or by the manipulation of assets or accounts or by fraud or bad faith.
[1]
Editor's Note: This ordinance also redesignated former § 67-13 as § 67-17.
[Added 3-13-2017 by Ord. No. 2807[1]]
The Township shall issue two licenses to each approved restoration services company. One shall be suitable for framing and shall be prominently displayed on the premises where the applicant's business is conducted. The second license shall be wallet size and encased in plastic and shall be displayed in all restoration services vehicles. An applicant may purchase, at reasonable cost, any additional licenses as needed, except under no circumstances shall a license be transferable to a person not licensed hereunder.
[1]
Editor's Note: This ordinance also redesignated former § 67-14 as § 67-18.
[Amended 3-13-2017 by Ord. No. 2807]
Every contractor licensee shall, within 10 days after a change in control of ownership or of management or of a change of address or trade name, notify the Director of Code Enforcement of such change. The failure of the licensee to provide such notice will invalidate a current license.
[Added 3-13-2017 by Ord. No. 2807]
Licenses of all contractors shall expire on March 31 following the date of issue, unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee as prescribed by § 67-6, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as the Board may revoke or suspend the license.
[Amended 6-30-1986 by Ord. No. 1960; 3-13-2017 by Ord. No. 2807]
A. 
The following acts are prohibited:
(1) 
Abandonment or willful failure to perform, without justification, any contract or project engaged in or undertaken by a contractor or willful deviation from or disregard of plans or specifications in any material respect without obtaining the consent of the owner, in writing, and providing the Township Director of Code Enforcement with notification of such changes.
(2) 
Making any substantial misrepresentation in the procurement of a contract or making any false promise of character likely to influence, persuade or induce.
(3) 
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a contractual transaction.
(4) 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligation of a contractual transaction with knowledge that it recited a greater monetary obligation than the consideration for the work to be performed, which consideration may be a time-sale price.
(5) 
Directly or indirectly publishing any advertisement relating to work or services which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with the then-existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading, or by any means advertising or purporting to offer the general public any work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(6) 
Willful or deliberate disregard and violation of the building laws of this commonwealth or of this Township or of the safety or labor or workmen's compensation insurance laws of this commonwealth.
(7) 
Doing any business with or through any person who is subject to the licensing requirements of this chapter with the knowledge that such person is not licensed as required.
(8) 
Misrepresentation of a material fact by an applicant in obtaining a license.
(9) 
Willful failure to notify the Board of any change of control in ownership, management or business name or locations.
(10) 
Conducting a business in any name other than the one in which the contractor or salesman is licensed.
(11) 
Willful failure to comply with any order, demand or requirement lawfully made by the Board of Commissioners under and within the authority of this chapter.
(12) 
Solicitation by any individual representative or employee of a restoration services contractor at a fire scene if such restoration services contractor was not summoned by the owner, tenant, occupier or other person in control of the property, or by a police officer or Township official.
B. 
Violations of any of the prohibitions of this section:
(1) 
Shall subject any violator to whom the licensing provisions of this chapter apply to the administrative sanctions of this chapter.
(2) 
Shall subject any violator, whether or not required to be licensed by this chapter, to criminal prosecution.
[Amended 6-13-1988 by Ord. No. 2019; 3-13-2017 by Ord. No. 2807]
Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation or demolition without obtaining a license as required by this chapter and who is not otherwise exempted from said licensing requirement and any person who continues in business as a contractor after revocation or during suspension shall, upon summary conviction before any District Justice of the Peace, pay a fine not exceeding $600 and costs of prosecution; and in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 30 days. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.