[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Pottsgrove 4-22-2004 by Ord. No. 33-K-3 (Ch.
13, Part 4, of the 1995 Code). Amendments noted where applicable.]
This chapter shall be known as the "Lower Pottsgrove
Township Contractor Registration."
A.
It shall be unlawful for any person, firm, corporation, partnership
or other association to perform the construction of a new home, conversion
of an existing commercial structure into a residential or noncommercial
structure, or new construction or renovation of a commercial property
without being registered with Lower Pottsgrove Township.
[Amended 12-7-2009 by Ord. No. 292; 5-5-2014 by Ord. No. 33-K-3.A]
B.
The Board of Commissioners of Lower Pottsgrove Township
finds it in the public interest that only qualified persons be permitted
to engage in the business of contractor in Lower Pottsgrove 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.
For purposes of this chapter, the following
definitions of terms relating to contractor registration shall have
the meanings indicated:
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 the construction of a new home,
conversion of an existing commercial structure into a residential
or noncommercial structure, or new construction or renovation of a
commercial property.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
The Director of Codes of Lower Pottsgrove Township.[1]
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
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 January 1 of each year
and ending December 31 of each year.
Lower Pottsgrove Township.
[1]
Editor's Note: The definition of "fire protection contractor,"
which immediately followed this definition, was repealed 5-5-2014
by Ord. No. 33-K-3.A.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
The Director of Codes 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.
A registration issued pursuant to this chapter
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.
It shall be unlawful for any contractor, as
defined herein, to do work within Lower Pottsgrove Township without
first obtaining a registration number from the Township.
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. Registration to be renewed on the same date
each year thereafter to continue business in Lower Pottsgrove Township.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
A.
Such application shall be made by the completion of
an application furnished by the Director of Codes and the payment
of a registration fee established by the Township Board of Commissioners.
Each application must contain the information required hereinafter
by this chapter and must present satisfactory proof of insurance.
Each application for a registration shall be signed by the applicant
if a natural person and, 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.
B.
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 Director of Codes
or his/her representative upon request to do so.
All contractors' registrations shall expire
at 12:00 midnight on the last day of the calendar year, unless the
registration is revoked or suspended prior thereto under the terms
of this chapter.
No contractor's registration shall be required
of any person when acting in the particular capacity or particular
type of transaction as follows:
A.
Any person who performs labor or services for a contractor
for wages or salary.
B.
Any person who is required by other commonwealth or
local law to attain standards of competency or experience and who
must obtain licensing under such other state or local law as a prerequisite
to engage in a trade or profession and who is acting exclusively within
the scope of such trade or profession for which they are currently
licensed pursuant to such other law.
A.
No contractor's registration shall be issued unless
the applicant files a certificate of insurance with the Director of
Codes at the time of the registration application. The certificate
of insurance shall contain a provision that coverage afforded under
the policy will not be cancelled until at least 25 days' prior written
notice of such cancellation has been given 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, completed operations, and workers' compensation, where
applicable. 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 Director of Codes at
the time of application, based on the nature and extent of the applicant's
proposed operations.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
B.
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.
C.
All types and limits of insurance for which certificates
are presented at the time of application, based upon which a contractor
registration is issued, shall be maintained throughout the registration
year, or the registration will be suspended or revoked as hereinafter
set forth in this chapter.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
The amount established may be modified by resolution
of the Board of Commissioners and set forth in the Township Fee Schedule.
There shall be no prorated reduction in the registration fee, and
a portion thereof shall not be returned to a successful or unsuccessful
applicant.
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 licenses
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 application 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 judgment were entered
in a lawsuit in which any such judgments were entered, and shall explain
in writing the nature of all such civil judgments.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Director of Codes of such change.
No registration shall be issued or renewed under
the following circumstances:
A.
The applicant falsely answered any question or questions
contained on the application form.
B.
The applicant has been convicted within two years
prior to the date of the application 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 as a contractor.
The term "conviction" shall include guilty pleas of nolo contendere.
[Amended 5-5-2014 by Ord.
No. 33-K-3.A]
Any contractor registration issued under the
provisions of this chapter may be revoked by the Director of Codes
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 Director of Codes.
B.
Failure of the registered contractor to maintain during
the registration year the policies of insurance required under the
provisions of this chapter.
C.
The registered contractor violates any of the terms
or provisions of the Lower Pottsgrove Township Building Code, Plumbing,
Fire Prevention Code or other applicable code or any terms or provisions
of this chapter.
D.
Failure to obtain a permit (building, plumbing, fire
prevention, demolition, HVAC, electrical, etc.) prior to the commencement
of work.
E.
The registered contractor willfully deviates from
or disregards any plans or specifications for any contracting job
in any material respect without first obtaining the consent of the
owner in writing to any such change and without first notifying the
Director of Codes of any such change.
F.
The registered contractor violates any condition or
requirement of a building, plumbing, fire prevention or other applicable
permit issued by the Township.
G.
The registered contractor does any business through
any person who is subject to the licensing requirements of this chapter
and who is not licensed as required by this chapter.
H.
The registered contractor conducts a contractor's
business in the Township under any name other than that under which
the license was granted.
I.
Failure for registered contractor to obtain and have
performed the required inspection or failure to obtain the use and
occupancy permit prior to occupancy.
J.
The registered contractor fails to comply with an
order, demand or requirement lawfully made by the Director of Codes
under the authority of this chapter or any other Township ordinance
duly adopted and enforceable.
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 or 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 granting of any contractor registration
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, 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.
