[HISTORY: Adopted by the Board of Supervisors
of the Township of Skippack 9-10-2008 by Ord. No. 319. Amendments noted where
applicable.]
This article shall be known and may be cited
as "Contractor Registration."
[Amended 9-9-2009 by Ord. No. 329]
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 the
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.
[Amended 9-9-2009 by Ord. No. 329]
As used in this article, the following terms
shall have the meanings indicated:
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 or specialty contractor for the owner. This definition
shall not include any home improvement contractor.
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
for the owner.
The Code Enforcement Officer of Skippack Township.
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.
The twelve-month period beginning the first day of January
of each year and ending the 31st of December of each year.
Skippack Township.
[Amended 9-9-2009 by Ord. No. 329]
A.
Any person,
firm, corporation, partnership or other association which undertakes
or offers to perform new construction, installation, repair, remodeling,
rehabilitation, demolition and any other residential or nonresidential
construction or demolition work in the Township shall be registered
with the Code Enforcement Office of Skippack Township. This requirement
shall apply to all contractors, including, 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 performing any type of contracting
work not regulated by the Uniform Construction Code adopted by Skippack
Township shall be excluded. This registration shall not apply to HI
contractors, which registration is to be overseen by the Commonwealth
of Pennsylvania.
B.
The Board
of Supervisors of Skippack Township finds it in the public interest
that only qualified persons be permitted to engage in the business
of contractor in Skippack Township. All contractors performing work
in the Township, requiring a building permit, shall provide to the
Township a certification of insurance evidencing workers' compensation
insurance coverage for the contractors performing the work.
A.
It shall be unlawful for any contractor, as defined
herein, to do work within Skippack Township without first obtaining
a registration number from the Township.
B.
Every person desiring to continue to engage in, or
hereafter to begin to engage in, the business of acting as a contractor
in the Township shall register with the Township prior to commencing
business. Each contractor shall be required to renew the registration
on January 1 of each year thereafter to continue business in Skippack
Township.
C.
A registration issued pursuant to this article shall
not be construed to authorize the registered contractor to perform
any particular type of work or type of business which is reserved
to qualified licensees under other provisions of state or local law.
Application for registration shall be made by
the completion of an application furnished by the Code Enforcement
Officer and the payment of a registration fee established by the Township
Board of Supervisors. Each application must contain the information
required hereinafter by the chapter and must present satisfactory
proof of insurance. Each application for a registration shall be signed
by the applicant, if a natural person; in the case of an association
or a partnership, by a member or partner thereof; and in the case
of a corporation, by an officer thereof.
Each successful applicant shall be issued a
registration number and registration card. Every registered contractor,
while actually acting as a contractor in the Township, shall carry
said registration card with him or her and shall display it to the
Code Enforcement Officer or his/her representative upon request to
do so.
All contractors' registrations shall expire
at midnight on the last day of the calendar year, the 31st of December,
unless the registration is revoked or suspended prior thereto under
the terms of the article.
Contractor registration shall not be required
of any person who performs labor or services for a contractor for
wages or salary.
A.
Each applicant shall file a certificate of insurance
with the Code Enforcement Office at the time of the submission of
the contractor registration application. The certificate of insurance
shall contain a provision that coverage afforded under the policy
may only be canceled upon 25 days' prior written notice of such cancellation
to the Township. The certificate of insurance must evidence policies
of insurance, maintained at the expense of the applicant, for public
liability, property damage, product liability, competed operations
and workers' compensation where applicable. Each policy, except the
workers' compensation policy, must have a single occurrence limit
of at least $500,000.
B.
All blasting and demolition contractors shall file
a separate certificate of insurance for blasting and demolition insurance.
The limits of said insurance shall be determined by the Code Enforcement
Officer at the time of application, based on the nature and extent
of the applicant's proposed operations.
C.
Fire protection contractors shall be required to maintain
a minimum insurance coverage of $1,000,000 for property damage and
$500,000 for personal injury coverage per occurrence.
D.
Any insurance certificate presented at the time of
contractor registration application shall be maintained throughout
the registration year. If the insurance coverage is not maintained
the contractor registration shall be immediately revoked as hereinafter
set forth in this article.
The annual contractor's registration fee shall
be established by resolution of the Board of Supervisors and may be
set forth in the Township Fee Schedule.[1] The amount established may be modified by resolution of
the Board of Supervisors. There shall be no prorated reduction in
the license fee. No part of the application fee shall be reimbursable
to a successful or unsuccessful applicant.
[1]
Editor's Note: The Fee Schedule is on file in the office of
the Township Secretary.
The application for registration shall be a
printed form provided to the applicant by the Township, and the application
shall require a written answer to all questions contained thereon.
Failure to answer all questions on the application form shall mean
that the application is incomplete and will not be considered until
complete. The applicant shall sign the application form. The questions
and information required on the application form shall include, but
not be limited to, the following:
A.
Names of owners, partners, directors, and officers
of the applicant, and the business address and trade names of the
applicant.
B.
A statement as to whether or not any municipalities
have refused to issue or have revoked any similar contractor's license
or registration to the applicant within two years prior to the application,
along with a statement of the location of the jobs, and the names,
addresses, and telephone numbers of the party or parties who contracted
with the applicant for such jobs.
C.
A listing of all convictions within two years prior
to the date of the applicant, for any crimes or offenses under any
federal or state criminal statute or common law criminal offense,
or for violation of any municipal ordinance, so long as such convictions
were for crimes or offenses related to the applicant's work or contracts
as a contractor. The term "conviction" shall include guilty pleas
and pleas of nolo contendere. If any such convictions exist, the applicant
shall give in writing the caption, cost, and term number of the proceedings
leading to the conviction. The applicant shall also explain, in writing,
the nature of the conviction.
D.
A listing of all unsatisfied civil judgments in any
jurisdiction against the applicant if such civil judgments were entered
as the result of a lawsuit, and an explanation, in writing, of the
nature of all such civil judgments.
A contractor registered with the Township shall,
within 10 days after a change in ownership, directors, officers, management,
address, or trade name of its business, notify the Code Enforcement
Officer of such change and file an amendment to the contractor registration
application.
A.
A contractor registration shall not be issued or renewed
if the applicant falsely answered any question or questions contained
on the application form.
B.
A contractor registration shall not be issued or renewed
if the applicant has been convicted within two years prior to the
date of the application for any crime or offense under any federal
or state criminal statute, any common law criminal offense or for
violation of any municipal ordinance if such conviction(s) was for
crimes or offenses related to the applicant's work as a contractor.
The term "conviction" shall include any plea of nolo contendere.
Any contractor registration issued under the
provisions of this article may be revoked by the Code Enforcement
Officer under the following circumstances:
A.
The registered contractor falsely answered any question
or questions contained on an application for registration or renewal
of registration previously submitted to the Code Enforcement Officer.
B.
Failure of the registered contractor to maintain during
the registration year the policies of insurance required under the
provisions of this article.
C.
The violation of any of the terms or provisions of
the Skippack Township Building Code, Plumbing Code, Fire Prevention
Code or other applicable code or any terms or provisions of this article
by the registered contractor.
D.
The failure of the registered contractor to obtain
a permit (building, plumbing, fire prevention, demolition, HVAC, electrical,
etc.) prior to the commencement of work.
E.
The deviation or disregard of any plans or specifications
for a contracting job by the registered contractor in any material
respect without first obtaining the consent of the owner in writing
to any such change and without first notifying the Code Enforcement
Officer of any such change.
F.
The violation by a registered contractor of any condition
or requirement of a building, plumbing, fire prevention, or other
applicable permit issued by the Township.
G.
If the registered contractor does any business through
any person who is subject to the licensing requirements of this article
and who is not licensed as required by this article.
H.
If the registered contractor conducts any contractor's
business in the Township under any name other than that under which
the license was granted.
I.
The failure of a registered contractor to obtain and
have performed the required inspection or the failure to obtain the
use and occupancy permit prior to occupancy.
J.
If the registered contractor fails to comply with
an order, demand, or requirement lawfully made by the Code Enforcement
Officer under the authority of this article or any other Township
ordinance duly adopted and enforceable.
The granting of any contractor registration,
under this article, 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, the Township, officials or employees
for any damages or injury that may result pursuant thereto.
The Code Enforcement Officer or his or her authorized
representatives shall administer and enforce the provisions of this
article.
Any person who shall violate a provision of
this article 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 article, shall be guilty of a summary
offense. Each day that a violation continues after due notice has
been served shall constitute a separate offense. Enforcement shall
be by action brought before a district justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. Any person, upon being found guilty in
an enforcement proceeding, shall be subject to a criminal fine not
to exceed $1,000 per violation and imprisonment to the extent allowed
by law for the punishment of summary offenses.
[Added 9-9-2009 by Ord. No. 329]
As used in this article, the following terms shall have the
meanings indicated:
The same definition as this term has in the Pennsylvania
Home Improvement Consumer Protection Act, Act of October 17, 2008,
P.L. 1645, No. 132, as amended.
The same definition as this term has in the Pennsylvania
Home Improvement Consumer Protection Act, Act of October 17, 2008,
P.L. 1645, No. 132, as amended.
All contractors that seek to perform home improvements in the
Township of Skippack shall, prior to receiving a building or other
permit from the Code Enforcement Officer for any home improvement
in the Township, provide proof to the Code Enforcement Officer that
said contractor is registered with the Commonwealth of Pennsylvania
as required by the Act of October 17, 2008, P.L. 1645, as amended,
known as the Home Improvement Consumer Protection Act. No contractor
performing a home improvement in the Township of Skippack shall be
required to register with the Township, obtain a license from the
Township or pay a fee to the Township to meet the requirements of
this article.
