[Ord. 2004-05, 5/27/2004, § 1]
East Fallowfield Township hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. § 7210.101 et seq., as amended from time to
time, and its regulations.
[Ord. 2004-05, 5/27/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 — 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the Building Code
of East Fallowfield Township. In the event any section, subsection,
or clause of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 et seq., is found to be invalid,
the individual codes contained in 34 Pa. Code, Chapters 401 — 405
shall continue to apply as the Building Code of East Fallowfield Township.
[Ord. 2004-05, 5/27/2004, § 3]
1.
Administration and enforcement of the Code within East Fallowfield
Township shall be undertaken in any of the following ways as determined
by the Board of Supervisors of East Fallowfield Township from time
to time by resolution:
A.
By the designation of an employee of the Township to serve as the
Township Code Official to act on behalf of the Township.
B.
By retention of one or more Building Code Officials or third-party
agencies on behalf of the Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Part through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Part on behalf of this Township.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections, and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Ord. 2004-05, 5/27/2004, § 4]
A Board of Appeals shall be established by resolution of the
Township Board of Supervisors in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
[Ord. 2004-05, 5/27/2004, § 5]
1.
Portions of the existing East Fallowfield Township Code, which equal
or exceed the requirements of the Code shall continue in full force
and effect until such time as such provisions fail to equal or exceed
the minimum requirement of the Code, as amended from time to time.
All portions the existing East Fallowfield Township Code, whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform to the comparable provisions of the Code.
2.
All relevant ordinances, regulations, and policies of the Township
not governed by this Code shall remain in full force and effect.
[Ord. 2004-05, 5/27/2004, § 6]
Fees assessable by East Fallowfield Township for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the Township through resolution from time to time.
[Ord. 2009-02, 3/24/2009, § 1]
This Part shall be known as the "East Fallowfield Township Contractor
Registration Ordinance."
[Ord. 2009-02, 3/24/2009, § 2]
1.
After the passage of this Part, 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, and any other residential or nonresidential
construction or demolition work in the Township to not be registered
with East Fallowfield Township. This requirement shall require all
contractors such as, but not limited to, electricians, air conditioning
and heating, plumbing, carpenters, general contractors, concrete,
fire alarm, fire extinguisher service, or any other type of contractor
performing work for hire in the Township. Contractors excluded shall
be for contracting any type work not regulated by the Township. In
the event that any of the conditions or terms of this Part are inconsistent
with HICPA, the terms and conditions as contained in HICPA shall preempt
this Part effective July 1, 2009.
2.
The Board of Supervisors of East Fallowfield Township finds it in
the public interest that only qualified persons be permitted to engage
in the business of contractor in East Fallowfield Township, and the
Commonwealth of Pennsylvania has mandated that Townships maintain
on file certification of insurance showing workers' compensation
insurance coverage for contractors doing work in the Township which
requires a building permit.
[Ord. 2009-02, 3/24/2009, § 3]
Definitions relating to contract registration shall be as follows:
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. Effective
on July 1, 2009, the definition of a contractor under this Part shall
remain in full force and effect; however, it shall specifically exclude
agreements considered a "home improvement contract" as defined by
HICPA (hereinafter "home improvement contracts").
Any person, other than the bona fide employee of the owner,
who undertakes or offers to perform construction, installation, repair,
re-roofing, remodeling, rehabilitation, demolition, plumbing, HVAC,
electrical, and any other residential or nonresidential construction,
rehabilitation, installation or demolition work in the Township, whether
as a general contractor, subcontractor, specialty contractor, or home
improvement contractor with respect to the owner. Effective on July
1, 2009, a contractor entering into a home improvement contract for
work considered a home improvement defined by HICPA (hereinafter "home
improvements"), shall specifically be excluded from the above definition.
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,
limited liability company, corporation, trust, or other legally recognized
entity.
The period of time commencing on the first day of January
and ending on the thirty-first day of December each and every calendar
year. Notwithstanding anything to the contrary stated above, in the
event a contractor applies for and is granted a registration number
between the dates of December 1 and December 31, the registration
year shall end on December 31 of the subsequent year.
East Fallowfield Township or its designated representative.
[Ord. 2009-02, 3/24/2009, § 4]
The Township shall administer and enforce the provisions of
this Part.
[Ord. 2009-02, 3/24/2009, § 5]
No person shall act as a contractor in the Township except in
compliance with the provisions of this Part. Any person, including
the owner, who willfully aids a contractor or participates with a
contractor in violating any provisions of this Part is in violation
of this Part. The provisions of this Part may not be waived by agreement.
[Ord. 2009-02, 3/24/2009, § 6]
A registration issued pursuant to this Part 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.
[Ord. 2009-02, 3/24/2009, § 7]
It shall be unlawful for any contractor to do work within East
Fallowfield Township without first obtaining a registration number
from the East Fallowfield Township. Effective on July 1, 2009, it
shall specifically be unlawful for a contractor to enter into a contract
for services that are not considered home improvements within East
Fallowfield Township without first obtaining a registration number
from East Fallowfield Township.
[Ord. 2009-02, 3/24/2009, § 8]
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 at the end of the registration year.
[Ord. 2009-02, 3/24/2009, § 9]
1.
Such application shall be made by the completion of an application
furnished by the Township and the payment of a registration fee established
by the Township Board of Supervisors. Each application must contain
the information required hereinafter by this Part, 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 and officer thereof.
2.
Each successful applicant shall be issued a registration number.
[Ord. 2009-02, 3/24/2009, § 10]
All contractors' registrations shall expire at the end
of the registration year, unless the registration is revoked or suspended.
[Ord. 2009-02, 3/24/2009, § 11]
1.
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.
[Ord. 2009-02, 3/24/2009, § 12]
1.
No contractor's registration shall be issued unless the applicant
files a certificate of insurance with the Township at the time of
the registration application. The certificate of insurance shall contain
a provision that coverage afforded under the policy will not be canceled
until at least 30 days' prior written notice of such cancellation
has been given to the Township. The certificate of insurance must
evidence policies or insurance, maintained at 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 Township at the time of application, based
on the nature and extent of the applicant's proposed operations.
2.
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 Part.
[Ord. 2009-02, 3/24/2009, § 13; as amended by Ord.
2010-01, 3/23/2010]
The annual contractor's registration fee shall be in an
amount as established from time to time by resolution of the Board
of Supervisors. The amount established may be modified by resolution
of the Board of Supervisors and set forth in the Township Fee Schedule.
There shall be no prorated reduction in the license fee or portion
thereof shall not be returned to a successful or unsuccessful applicant.
[Ord. 2009-02, 3/24/2009, § 14]
1.
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 completed. 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.
[Ord. 2009-02, 3/24/2009, § 15]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address, or trade name,
notify the Township of such change.
[Ord. 2009-02, 3/24/2009, § 16]
1.
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 conviction were for crimes
or offenses related to the applicant's work as a contractor.
The term "conviction" shall include guilty pleas of nolo contendere.
[Ord. 2009-02, 3/24/2009, § 17]
1.
Any contractor registration issued under the provisions of this Part
may be revoked by the Township 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 Township.
B.
Failure of the registered contractor to maintain during the registration
year the policies of insurance required under the provisions of this
Part.
C.
The registered contractor violates any of the terms or provisions of the East Fallowfield Township Building Code [Part 1] or other applicable code, or any terms or provisions of this Part.
D.
Failure to obtain a permit (building, plumbing, 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 Township 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 Part and who is not
licensed as required by this Part.
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 Township under the authority of
this Part or any other Township ordinance duly adopted and enforceable.
[Ord. 2009-02, 3/24/2009, § 18; as amended by Ord.
2010-01, 3/23/2010]
Any person, firm or corporation who shall violate any provision
of this Part, or who shall erect, construct, alter or repair building
or structure in violation of this Part, upon conviction thereof in
an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $100 nor more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
[Ord. 2009-02, 3/24/2009, § 19]
The granting of any contractor registration, under this Part,
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.
