[Adopted 11-9-2000 by Ord. No. 589]
The Board of Commissioners finds it to be in the best interests of the residents of Upper Chichester 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 registration 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 Upper Chichester.
All persons, partnerships, corporations or other business entities (hereinafter referred to as "contractor" whether a prime contractor, subcontractor, or individual) performing any of the following work in the Township of Upper Chichester shall apply for and obtain a registration and an identification card before performing work in the Township of Upper Chichester. This shall include construction, repairs, remodeling, rehabilitation, or demolition and acting as general contractors, mechanical contractors, electrical contractors, fire prevention contractors, specialty contractors, home improvement contractors, or subcontractors, roofing contractors, painting contractors, paperhanging contractors, tree surgeons, lawn care contractors, pest control or exterminating contractors.
No person or firm may engage in this Township in any trade or practice or other act prohibited by any provision of this article, and any person or firm who willfully participates in a prohibited act or violation is subject to the criminal penalty thereof. The provisions of this article may not be waived by agreement.
The identification card will be displayed by the workmen included within the terms of this article, upon request by proper official of the Township of Upper Chichester.
A registration issued pursuant to this article may not be construed to authorize the applicant 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 article authorize engaging in the construction, building repairs, remodeling, rehabilitation, demolition or home improvement business in the Township of Upper Chichester.
This article 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.
The form of the application shall be determined by the Board of Commissioners by resolution from time to time. The applicant shall, among other things, state the name and location of its principal office, the location of the job site in Upper Chichester Township, the type of construction work performed by the applicant, the number of employees of the applicant to be engaged in the performance of the work, the date on which the work is scheduled to begin and the date on which it is scheduled to be completed, the name of the foreman or person in charge of the applicant's project in Upper Chichester Township, a telephone number where the applicant or one of its designated officials can be reached.
As used in this article, the following terms shall have the meanings indicated:
- An agreement, whether oral or written, 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.
- Any person, other than a bona fide employee of the owner, who undertakes or offers to work, whether or not such person is registered or subject to the registration requirements of this article and whether or not such a person is a prime contractor or subcontractor with respect to the owner.
- Any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor, subcontractor, speciality contractor or home improvement contractor, or the person entitled to the work of such pursuant to a contract.
- Includes an individual, partnership, corporation, trust, association, owner, contractor, salesman, or other legal entity.
- 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.
Except as otherwise specifically exempted by the provisions of this article, 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 registration issued in accordance with the provisions of this article.
No contractor's registration shall be required of any person when acting in the particular capacity or particular type of transaction set forth in this section:
An individual who performs labor or services for a contractor for wages or salary.
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.
No contractor shall begin any work in the Township of Upper Chichester until said application is submitted and approved and a proper fee paid.
The application fee shall be as fixed by resolution of the Board of Commissioners of the Township of Upper Chichester from time to time.
The Board of Commissioners of the Township of Upper Chichester, by motion or resolution, shall determine the form of the card to be issued to approved applicants.
It is the duty of the Building Inspector to administer and provide for the enforcement of all the provisions of this article and specifically to issue registrations to all applicants who shall be duly qualified under and who comply with provisions of this article, and to refuse registrations to or suspend or revoke registrations issued to persons who do not so qualify or so comply. The Building Inspector is authorized to issue registration upon the proper application, the furnishing of a certificate of insurance as required by this article and the registration fee having been paid.
A certificate of insurance shall be filed with the Township prior to the issuance of a registration acceptable to the Building Inspector. These certificates shall contain a provision that the coverage afforded under the policy will not be canceled until at least 15 days prior to written notice having been given the Township.
When an application has been filed with the Building Inspector, in proper form, he must within a period of 30 days from the date of the application issue or refuse the appropriate contractor's registration to the applicant. If an application for a registration is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the registration.
Every contractor registered shall, within 10 days after a change in control of ownership or management, or change of address or trade name, notify the Building Inspector of such changes.
Registration of all contractors shall expire on December 31 following the date of issue unless prior thereto the registration is revoked or suspended. Upon payment of the annual registration fee as prescribed by this article prior to the expiration date, a registration shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as it is revoked or suspended.
The contractor shall take out and maintain at his expense during the life of this registration such public liability insurance, property damage, products liability and completed operations insurance (single limits: $500,000). Blasting and demolition insurance limits shall be determined at the time of application for a permit.
Prior to issuance of a registration, the Building Inspector shall:
Properly establish the identity of the applicant and obtain a tax identification number and a Pennsylvania Sales and Use Tax number and see that the application is fully completed.
Be satisfied that by virtue of education and experience that the applicant is qualified to perform work listed on the application.
Determine the reputation of the applicant for performing the work the applicant purposes. In case of question, the applicant shall give at least three recent jobs of like nature so the Building Inspector can make an objective determination. In lieu of the foregoing, the Building Inspector may accept a registration of another municipality who has at least the above standards and issue a registration under this article.
For the protection of the people of this Township, no registration shall be issued or continued if already issued where:
The Building Inspector shall have the power to refuse, suspend or revoke any registration issued under the provisions of this article where the Building Inspector finds that the registered has violated any provisions of this article or is performing or attempting to perform any act prohibited by this article, or violates the Township's Building Code or other ordinances.
A violation of any condition of a permit shall be cause for suspension or revocation of this registration.
Any violation of any of the provisions of this article 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 contractor unless it shall appear to the satisfaction of the Board of Commissioners and the Building Inspector that the individuals engaged in the management of the contractor had no knowledge of the wrongful conduct or were unable to prevent the violation.
The Board shall suspend or revoke any registration or authority to do business only after a hearing. At least 10 days prior to the date set for the hearing, the Building Inspector shall notify the registrant in writing of any charge made and afford said registrant 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 registrant by certified mail to the business address of such registrant of record with the Board. The hearing on such charges shall be at such time and place as the Board of Commissioners shall prescribe.
If the Board of Commissioners shall determine that any registrant is guilty of any violation of any provisions of this article, the authority of the registrant to do business may be revoked or suspended for such period of time as shall be determined by the Board of Commissioners.
If a registration 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.
The following acts are prohibited:
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 Building Inspector with notification of such changes.
Making any substantial misrepresentation in the procurement of a contract or making any false promise of character likely to influence, persuade or induce.
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.
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligation of a contractual transaction with knowledge that it is a greater monetary obligation than the consideration for the work to be performed, which consideration may be a time-sale price.
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.
Willful or deliberate disregard and violation of the building laws of this commonwealth or of this Township or of the safety or labor or workers' compensation insurance laws of this commonwealth.
Doing any business with or through any person who is subject to the registration requirements of this article with the knowledge that such person is not registered as required.
Misrepresentation of a material fact by an applicant in obtaining a registration.
Willful failure to notify the Board of any change of control in ownership, management or business name or locations.
Conducting a business in any name other than the one in which the contractor or salesman is registered.
Willful failure to comply with any order, demand or requirement lawfully made by the Board of Commissioners under and within the authority of this article.
Violations of any of the prohibitions of this section:
Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation or demolition without obtaining a registration as required by this article and who is not otherwise exempted from said registration requirement and any person who continues in business as a contractor after revocation or during suspension shall, upon summary conviction before any Magisterial District Judge, pay a fine not exceeding $1,000 and cost 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 article shall constitute a separate offense.