[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.
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.
B.
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.
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:
A.
An individual who performs labor or services for a contractor for
wages or salary.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
A.
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.
B.
Be satisfied that by virtue of education and experience that the
applicant is qualified to perform work listed on the application.
C.
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:
A.
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.
B.
A violation of any condition of a permit shall be cause for suspension
or revocation of this registration.
C.
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.
A.
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.
B.
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.
C.
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.
A.
The following acts are prohibited:
(1)
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.
(2)
Making any substantial misrepresentation in the procurement of a
contract or making any false promise of character likely to influence,
persuade or induce.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Misrepresentation of a material fact by an applicant in obtaining
a registration.
(9)
Willful failure to notify the Board of any change of control in ownership,
management or business name or locations.
(10)
Conducting a business in any name other than the one in which
the contractor or salesman is registered.
(11)
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.
B.
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.
