[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford 2-10-1975 by Ord. No. 1593; amended in its entirety 1-25-1982 by Ord. No.
1831. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch.
4, Part
4, Art.
VI.
Building construction — See Ch.
58.
Electrical standards — See Ch.
73.
Housing standards — See Ch.
104.
Plumbing — See Ch. 132.
Restoration services providers — See Ch.
143.
Sewage and drainage facilities — See Ch.
149.
Streets and sidewalks — See Ch.
157.
Subdivision and land development — See Ch.
160.
The Board of Commissioners finds it to be in
the best interests of the residents of Haverford 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 license 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 Haverford.
No person or firm may engage in or transact
any construction, building repairs, remodeling, rehabilitation or
demolition business or operate as general contractors, subcontractors,
specialty contractors or home improvement contractors or be engaged
in landscaping, lawn care, tree surgery, exterminating or pest control
or hold themselves out to the public as doing such business or solicit
such business in the Township of Haverford, Pennsylvania, except in
compliance with the applicable provision of this chapter. No person
or firm may engage in this township in any trade or practice or other
act prohibited by any provision of this chapter, and any person or
firm who willfully participates in a prohibited act or violation is
subject to the criminal penalty therefor. The provisions of this chapter
may not be waived by agreement.
A. A license issued pursuant to this chapter may not
be construed to authorize the licensee 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 chapter
authorize engaging in the construction, building repairs, remodeling,
rehabilitation, demolition or home improvement business in the Township
of Haverford.
B. This chapter 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.
As used in this chapter, the following terms
shall have the meanings indicated:
CONTRACT
An agreement, whether oral or written or 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.
CONTRACTOR
Any person, other than a bona fide employee of the owner,
who undertakes or offers to work, whether or not such person is licensed
or subject to the licensing requirements of this chapter and whether
or not such person is a prime contractor or subcontractor with respect
to the owner.
OWNER
Any person holding legal or equitable title to real property
and any tenant or other person authorized to contract for or purchase
the services of a contractor, subcontractor, specialty contractor
or home improvement contractor, or restoration services provider as
defined herein.
[Amended 3-13-2017 by Ord. No. 2807]
PERSON
Includes an individual, partnership, corporation, trust,
association, owner, contractor, or other legal entity.
[Amended 3-13-2017 by Ord. No. 2807]
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.
[Added 3-9-1992 by Ord. No. 2143]
RESTORATION SERVICES CONTRACTOR
A person or entity offering any of the following services
for a condemned or fire-damaged building, or a building that has been
the subject of other natural or man-made disaster: restoration, emergency
response and/or repairs, boarding of windows, doors or other openings,
and any other related services to secure the damaged building.
[Added 3-13-2017 by Ord.
No. 2807]
SOLICITATION
The act, at or near the scene of a fire or during the occurrence
of Police and/or Fire Department operations relating to a fire scene
and/or a natural or man-made disaster, of seeking, persuading, enticing
or in any way offering assistance of services which have not been
requested by the person solicited.
[Added 3-13-2017 by Ord.
No. 2807]
A. It is the duty of the Director of Code Enforcement to administer and provide for the enforcement of all provisions of this chapter and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this chapter and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Director of Code Enforcement is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by this chapter, §
67-9B, and the license fee having been paid.
B. A certificate of insurance acceptable to the Director
of the Department of Code Enforcement shall be filed with the township
prior to the issuance of a license. These certificates shall contain
a provision that coverages afforded under the policy will not be canceled
until at least 15 days' prior written notice has been given the Township
of Haverford.
[Amended 3-9-1992 by Ord. No. 2143; 2-8-1993 by Ord. No.
2168]
No license shall be issued or become effective
until the applicant therefor pays required fees payable to the Township
of Haverford. License fees shall be fixed by resolution of the Board
of Commissioners, which may be amended from time to time.
Except as otherwise specifically exempted by
the provisions of this chapter, 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 license
issued in accordance with the provisions of this chapter.
No contractor's license 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.
[Amended 6-30-1986 by Ord. No. 1960; 3-9-1992 by Ord. No. 2143; 3-13-2017 by Ord. No. 2807]
A. When an application has been filed with the Director
of Code Enforcement in proper form, the Director must, within a period
of 30 days from the date following the date the application is received,
issue or refuse the appropriate contractor's licenses to the applicant.
If an application for a license is refused, the applicant shall be
sent a written statement setting forth the reason for the refusal
to grant the license.
B. An applicant for any license required by the provisions of this chapter
shall file a written application on a form provided by the Code Enforcement
Office, which shall be signed under oath. The application form shall
require the following information:
(1) The name, address and telephone number of the business for which
the license is sought;
(2) The type of business organization under which the business is operated
(e.g., sole proprietorship, partnership, corporation, etc.);
(3) The name, home and business addresses and telephone numbers of all
of the owner(s) partners, directors and officers of any applicant
and the business addresses and trade names of the applicant, together
with a certificate of insurance written for not less than any limits
or coverage specified under this chapter. The contractor shall take
out and maintain at his expense during the life of this license such
public liability insurance, property damage, products liability and
completed operations insurance (single limits: $300,000). Blasting
and demolition insurance limits shall be determined at the time of
application for a permit.
[Added 3-13-2017 by Ord.
No. 2807]
In addition to the requirements of §
67-9 above, in order for a restoration services contractor to obtain a license hereunder, such restoration services contractor shall meet the following requirements:
A. The following vehicles and equipment shall be owned by the applicant,
garaged by the restoration services company, and available on call
for service at the request of the Township, its Police Department
or its Fire Department:
(1) One light-duty vehicle equipped with all necessary tools, materials
and/or equipment required to safely conduct emergency repairs or restoration
services to a condemned or fire-damaged property.
B. All of the aforesaid required vehicles shall bear a sign indicating
the name and telephone number of the applicant's restoration
services business, and the applicant shall make said vehicles available
for verification by the Township.
C. All of the aforesaid required vehicles shall be maintained in a safe
and usable operating condition.
D. The applicant's place of business shall be located within the
Township or within 10 miles of the Township's boundaries in order
that the response time to a call for service is immediate and to insure
full compliance with Township ordinances and supervisory control thereof.
E. All applicants shall maintain the following insurance, naming the
Township, its officers, agents, and employees as additional insureds,
and present proof thereof to the Township at the time of application
for license. Nothing contained in this section shall be construed
as limiting the extent of the restoration services company's
responsibility for payment of damages resulting from the operations
pursuant to its license.
(1) Liability.
(a)
The restoration services company shall maintain a general liability
policy which includes comprehensive, premises-operations, contractual
insurance, and independent contractor or subcontractor.
(b)
The comprehensive general liability policy shall have a bodily
injury and property damage combined single limit of liability of $1,000,000
minimum, per occurrence.
(2) Excess/umbrella. The restoration services company shall obtain minimum
coverage limits of $2,000,000 per occurrence. The additional limits
are above the comprehensive general liability and automobile liability
policies.
F. All of the aforesaid vehicles shall be equipped with a two-way communication
system such as two-way radios or mobile telephones.
[Amended 3-13-2017 by Ord. No. 2807]
A. The Director of Code Enforcement shall issue a notice of intent to
refuse, suspend or revoke any licenses issued under the provisions
of this chapter if:
(1) The Director of Code Enforcement finds that the licensee has violated
any provisions of this chapter or is performing or attempting to perform
any act prohibited by this chapter and/or any other codes, regulations
or ordinances of the Township of Haverford.
(2) Where any condition of a permit is violated.
B. 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
license of the contractor unless it shall appear to the satisfaction
of the Director of Code Enforcement 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 license or authority
to do business only after a hearing. At least 10 days prior to the
date set for the hearing, the Director of Code Enforcement shall notify
the licensee in writing of any charge made and afford said licensee
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
licensee by certified mail to the business address of such licensee
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 licensee is guilty of any violation of any of the provisions of
this chapter, the authority of the licensee 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 license 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.
[Added 3-13-2017 by Ord.
No. 2807]
For the protection of the people of this Township, no license
shall be issued or continued if already issued where:
A. The person or the management personnel are untrustworthy or not of
good character; or
B. The business transactions of the person have been marked by a practice
of failure to perform contracts or by the manipulation of assets or
accounts or by fraud or bad faith.
[Added 3-13-2017 by Ord.
No. 2807]
The Township shall issue two licenses to each approved restoration
services company. One shall be suitable for framing and shall be prominently
displayed on the premises where the applicant's business is conducted.
The second license shall be wallet size and encased in plastic and
shall be displayed in all restoration services vehicles. An applicant
may purchase, at reasonable cost, any additional licenses as needed,
except under no circumstances shall a license be transferable to a
person not licensed hereunder.
[Amended 3-13-2017 by Ord. No. 2807]
Every contractor licensee shall, within 10 days after a change
in control of ownership or of management or of a change of address
or trade name, notify the Director of Code Enforcement of such change.
The failure of the licensee to provide such notice will invalidate
a current license.
[Added 3-13-2017 by Ord.
No. 2807]
Licenses of all contractors shall expire on March 31 following the date of issue, unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee as prescribed by §
67-6, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as the Board may revoke or suspend the license.
[Amended 6-30-1986 by Ord. No. 1960; 3-13-2017 by Ord. No. 2807]
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 Township Director of Code Enforcement 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 recited 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 workmen's compensation insurance laws of this commonwealth.
(7) Doing any business with or through any person who is subject to the
licensing requirements of this chapter with the knowledge that such
person is not licensed as required.
(8) Misrepresentation of a material fact by an applicant in obtaining
a license.
(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 licensed.
(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 chapter.
(12)
Solicitation by any individual representative or employee of
a restoration services contractor at a fire scene if such restoration
services contractor was not summoned by the owner, tenant, occupier
or other person in control of the property, or by a police officer
or Township official.
B. Violations of any of the prohibitions of this section:
(1) Shall subject any violator to whom the licensing provisions of this
chapter apply to the administrative sanctions of this chapter.
(2) Shall subject any violator, whether or not required to be licensed
by this chapter, to criminal prosecution.
[Amended 6-13-1988 by Ord. No. 2019; 3-13-2017 by Ord. No. 2807]
Any person who shall knowingly and willfully engage in building
construction, repairs, remodeling, rehabilitation or demolition without
obtaining a license as required by this chapter and who is not otherwise
exempted from said licensing requirement and any person who continues
in business as a contractor after revocation or during suspension
shall, upon summary conviction before any District Justice of the
Peace, pay a fine not exceeding $600 and costs 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 chapter shall constitute a separate offense.