[HISTORY: Adopted by the Board of Supervisors of the Township of West Brandywine as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-2021 by Ord. No. 2021-03[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 74, Contractors, which consisted of Art. I, Registration, adopted 6-18-2009 by Ord. No. 2009-02.
This article shall be known as "Contractor Insurance Verification Requirements."
A. 
The Board of Supervisors of West Brandywine Township finds it in the public interest that only qualified persons be permitted to engage in the business of contractor in West Brandywine 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.
B. 
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, fence installation, hardscaping 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, excavators or any other type of contractor performing work for hire in the Township.
Definitions of terms used in the Code of the Township of West Brandywine are as set forth in Chapter 1, General Provisions, Article III, Terminology.
The Code Administration Officer or his or her authorized representatives shall administer and enforce the provisions of this article.
No person shall act as a contractor in the Township except in compliance with the provisions of this article. Any person, including the owner, who willfully aids a contractor or participates with a contractor in violating any provisions of this article is in violation of this article. The provisions of this article may not be waived by agreement.
A. 
No permit(s) shall be issued unless a valid certificate(s) of insurance is filed with the Code Administration Offices. The certificate of insurance shall name West Brandywine Township as the certificate holder.
B. 
The following minimum insurance are required to obtain an insurance verification certificate:
(1) 
General liability.
(a) 
Per occurrence: $500,000.
(b) 
Per personal injury: $500,000.
(c) 
Property damage: $1,000,000.
(2) 
Workers' compensation and employers' liability, each accident: $100,000.
(3) 
Limits of insurance for which certificates are presented shall be maintained in a current status.
A. 
The Township shall have available the application and insurance requirements at the municipal facility located at 198 Lafayette Road, West Brandywine, PA 19320, of which shall request all pertinent information for the verification of contractors.
B. 
The application will be available through the Township's Codes Office, and said Codes Office shall have five days in which to issue said verification certificate.
A. 
The initial annual fee, of which insurance verification certificate fee shall extend one year from the date of issuance of the certificate application, shall be $45 per year.
B. 
Upon verification certificate, the Codes Office shall issue an insurance verification certificate to the contractor acknowledging said minimum insurance requirements have been provided to the Township.
C. 
The Board of Supervisors may, by resolution, amend the insurance verification fee.
Any verification certificate granted hereunder may be revoked by the Codes Office upon finding that a holder of such certificate is in violation of any ordinance of the Township.
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, 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 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 such public body, officials or employees for any damages or injury that may result pursuant thereto.
This article is severable. If any section, subsection, sentence, clause or phrase of this article is held to be illegal, invalid or unconstitutional, the remaining provisions shall not be affected or impaired.
This article repeals any prior ordinance or portion thereof to the extent that such prior ordinance or portion thereof is inconsistent with this article.
This article shall become effective five days after enactment as provided by law.