[HISTORY: Adopted by the Board of Supervisors of the Township
of Montgomery 6-22-2009 by Ord. No. 09-238. Amendments noted where
applicable.]
The following words, terms and phrases, as used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
The duly appointed Code Enforcement Officer of the Township
of Montgomery Township, or his or her duly appointed Deputy, and shall
include the duly appointed Building Inspector, Deputy Building Inspector,
Fire Marshal, Deputy Fire Marshal, the Director of Public Works, Zoning
Officer and the Township Engineer.
The erection, alteration, repair, renovation, rehabilitation,
demolition or removal of any commercial building or structure and
the excavation, filling, grading and landscaping of lots zoned for
commercial use in connection therewith.
An agreement, whether oral or written or contained in one
or more documents, between a commercial contractor and an owner for
the performance of work, including all labor services and materials
to be furnished and performed thereunder.
Activities that a commercial contractor performs in the course
of his or her business.
Any person who, as a prime contractor or as a subcontractor,
engages in commercial construction activities in Montgomery Township,
including, without limitation, mechanical, electrical, blasting, specialty,
elevator, roofing, plumbing, and earth disturbance and grading contractors.
The term shall not include any bona fide employee of an owner of the
premises where work is to be performed. Contractors identified in
the Pennsylvania Home Improvement Consumer Protection Act of 2008
are not considered a commercial contractor, unless they are performing
this work on a nonresidential-type property, including but not limited
to commercial, industrial, business, retail, medical, assisted living,
apartments, etc.
As used in this chapter, shall have 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.[1]
Any person, agent, firm or corporation having a legal or
equitable interest in any building, structure or lot.
An individual, partnership, corporation, trust, association,
owner, contractor, salesman or other legal entity.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
No person may act as a commercial contractor or engage in commercial
construction activities in the Montgomery Township or hold themselves
out to the public as doing such business or solicit such business
in Montgomery Township, except in compliance with the provisions of
this chapter.
A.
It is the duty of the Code Enforcement Officer and/or other authorized
Township representative to administer and provide for the enforcement
of all the provisions of this chapter and specifically to register
and issue a license to any persons who are found to be duly qualified
under and who comply with the provisions of this chapter, and to deny
to register and issue a license to or suspend or revoke a previously
issued registration and license to any person who does not so qualify
or so comply.
B.
A certificate of insurance shall be filed with the Township prior
to the issuance of any license, evidencing the contractor's insurance
coverage of the type and in the amounts specified herein. Said certificate
shall contain a provision that the coverage provided shall not be
reduced, terminated, cancelled or nonrenewed without 30 days'
prior written notice to the Township.
No commercial contractor shall be registered and no license
shall become effective until the commercial contractor pays to the
Township a registration and license fee in an amount established from
time to time by resolution. All commercial contractors who are in
good standing may be issued an annual renewal license on a calendar-year
basis beginning January 1 of each year upon application and the payment
of a license renewal fee as established by the Township fee schedule.
A.
Except as
otherwise specifically exempted by the provisions of this chapter,
no person shall act in the capacity of a contractor unless authorized
to do so by a valid registration and license issued in accordance
with the provisions of this chapter. The Township may issue a registration
card or other indicia of registration, to be supplied by the Code
Enforcement Officer or other authorized Township representative upon
request.
B.
All contractors that seek to perform home improvement contracts in
the Montgomery Township shall, prior to receiving a building or other
permit, provide proof that said contractor is registered with the
Commonwealth of Pennsylvania as required by the Act of October 17,
2008, P.L. 1645, No. 132, as amended, known as the Home Improvement
Consumer Protection Act.[1] Registration under Act 132 does not affect the responsibilities
or authority under Act 45 of 1999, known as the Pennsylvania Construction
Code Act,[2] or the requirements under Section 302(e) of the act of
June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation
Act,[3] regarding workers' compensation. Act 132 does not
affect existing licensing standards in effect with respect to electricians
and plumbers and other trades, where licensing is conditioned on requirements
of testing or possession of certificates obtained through specific
training in electricity or other trades.
The following persons are not required to register with the
Township as a commercial contractor:
A.
The Code Enforcement Officer or other authorized Township representative
shall act upon all commercial contractor license applications for
registration within 14 days of receipt of a full and complete application.
If an application is denied, the applicant shall be so notified in
writing. The notification shall set forth the reason for the denial.
B.
An applicant for any registration required by the provisions of this
chapter shall file a written application on a form supplied by the
Township, which shall be signed and under oath. The application shall
require among other items the names of the business, the business
street addresses and trade names of the applicant together with a
certificate of insurance written for not less than any limit of coverage
specified under this chapter. The commercial contractor shall take
out and maintain at his own expense, during the life of the registration,
the following insurance or its equivalent:
[Amended 3-9-2015 by Ord.
No. 15-288]
(1)
Commercial general liability insurance for bodily injury, personal
injury and property damage including loss of use, with minimum limits
of $500,000 each occurrence; $500,000 personal and advertising injury;
$500,000 general aggregate; and $500,000 products/completed operations
aggregate.
(a)
This insurance shall include coverage for all of the following:
[1]
Liability arising from premises and operations;
[2]
Liability arising from the actions of independent contractors;
[3]
Liability arising from products and completed operations;
[4]
Contractual liability;
[5]
Liability arising from the explosion, collapse, or underground
(XCU) hazards; and
[6]
Montgomery Township and its elected and appointed officials,
officers, agents, and employees as additional insureds on a primary
and noncontributory basis with respect to operations performed by
the contractor or on contractor's behalf for which Montgomery
Township has issued a permit, license or authorization.
(3)
Workers compensation insurance with statutory benefits as required
by Pennsylvania law; employers liability insurance with minimum limits
of $100,000 each accident for bodily injury by accident; $100,000
each employee for bodily injury by disease; and $500,000 policy limit
for bodily injury by disease.
(4)
If the applicant does not meet the insurance requirements herein,
the applicant shall forward a written request to the Township for
a waiver in writing of the insurance requirement(s) not met or approval
in writing of alternate insurance coverage, self-insurance, or group
self-insurance arrangements. If the Township denies the request for
said waiver, the applicant must comply with the insurance requirements
as specified herein.
D.
Every registered contractor shall, within 10 days after a change
in control of ownership or management, or change of address or trade
name, notify the Code Enforcement Office and/or Township of such change
or changes.
E.
The registration and license of all commercial contractors shall
expire on January 1 following the date of issue unless prior thereto
the registration is revoked or suspended. Upon payment of the annual
registration fee, as prescribed herein, prior to the expiration date,
a registration and license may be renewed for another year, and the
authority to engage in construction activities shall continue during
said renewal year unless and until it is revoked or suspended by the
Board of Supervisors of Montgomery Township.
F.
No building permits shall be issued until all commercial contractors
and commercial subcontractors working on the proposed structure are
registered in accordance with the terms of this chapter.
A.
The Code Enforcement Officer or other authorized Township representative
may, upon approval of the Board of Supervisors, suspend or revoke
any registration and license issued under the provisions of this chapter
where it is found that the contractor has violated any provision of
this chapter or is performing or attempting to perform any act prohibited
by this chapter, or violates any provision of any ordinance of the
Montgomery Township or law of the United States of America or the
Commonwealth of Pennsylvania.
B.
A violation of any condition of a commercial construction activity
permit issued by the Montgomery Township shall be grounds for suspension
or revocation of the registration and license.
C.
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
registration of the commercial contractor unless it shall appear to
the satisfaction of the Board of Supervisors and Code Enforcement
Officer that the individuals engaged in the management of the contractor:
For the protection of the residents and business owners of Montgomery
Township, no registration or license shall be issued or continued
if already issued in the event that:
A.
The commercial contractor or the management personnel of the commercial
contractor's company has demonstrated a lack of ability or willingness
to comply with and/or abide by the provisions of any ordinance of
Montgomery Township or statute of the United States of America or
Commonwealth of Pennsylvania.
B.
The business transactions of the commercial contractor demonstrate
a practice of failure to perform commercial contracts or the manipulation
of assets or accounts, or fraud or bad faith.
A.
The Board of Supervisors may suspend or revoke any registration and
license following a hearing. At least 10 days prior to the date set
for the hearing, the Code Enforcement Officer or other authorized
Township representative shall notify the commercial contractor in
writing of any charge made, and afford said contractor 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 commercial contractor
in person or by certified mail to the business address of record of
such contractor. The hearing on such charges shall be at such time
and place as the Board of Supervisors shall prescribe.
B.
If the Board of Supervisors shall determine that the contractor is
guilty of any violation of any of the provisions of this chapter or
any ordinance of Montgomery Township, the contractor's registration
and license may be revoked or suspended for such period of time as
shall be determined by the Board of Supervisors.
C.
If a person is refused a registration and license, the person may,
within 10 days from the date the notice of refusal is mailed, request
a hearing. Said hearing must be held within 60 days from the date
of the request and the Board of Supervisors must render its decision
within 20 days following the hearing.
The registration of a commercial contractor and the issuance
of a license pursuant to this chapter shall not authorize the commercial
contractor to perform any particular type of construction activity,
which is limited to qualified registration holders under other provisions
of state or local law; and no other permit or approval for construction
activities issued by the Township shall entitle a contractor to perform
construction activities unless and until the provisions of this chapter
are complied with.
A.
Any person who shall violate any provision of this chapter or who
permits the violation of any provisions of this chapter shall pay
a fine of $600 plus costs and, in default of payment of said fine
and costs, shall serve a term of imprisonment not to exceed 30 days.
Each day that a violation of this chapter continues or each section
of this chapter which shall be found to have been violated shall constitute
a separate offense. For purposes of this section, the doing of any
act or thing prohibited by any provision of this chapter, or the failure
to do any act or thing as to which any provision of this chapter creates
any affirmative duty, shall constitute a violation of this chapter
punishable as herein stated.
B.
Each violation for each separate day and each violation of any provision
of this chapter shall constitute a separate and distinct violation.
C.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Montgomery Township, pay the fine
prescribed by this chapter, plus all court costs, including reasonable
attorney fees, incurred by Montgomery Township.
D.
Enforcement of this chapter shall be the responsibility of the Township
Manager or Code Enforcement Officer, as appropriate, who shall follow
the enforcement procedure set forth in the appropriate Montgomery
Township ordinance.
