[HISTORY: Adopted by the Township Council of the Township
of Upper Darby as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-16-2004 by Ord. No. 2938]
No person or firm may engage in or transact any work as a contractor, as those terms are defined in § 265-4 of this article, or hold themselves out to the public as doing any work, or solicit in person the opportunity to do work in the Township, except in compliance with the applicable provisions of this article. 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 therefor. The provisions of this article may not be waived by agreement.
A license issued pursuant to this article may not be construed
to authorize the licensee to perform any particular type of service
or kind of business which is reserved to qualified licensees under
other provisions of state or local law, nor shall any licensee or
authority engage in any work as a contractor in the Township other
than as licensed or permitted pursuant to this article.
This article shall not apply to the official transactions of
an authorized representative of the United States of America or an
instrumentality thereof, of any state, District of Columbia, or territory
of the United States, any city or county thereof, or any instrumentality
of a state or political subdivision thereof.
For the purposes of this article, the following terms shall
have the meanings indicated in this section:
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.
Any person, other than an immediate family member or a bona
fide employee of the owner of a particular property, who undertakes
or offers to perform work at the property, whether or not such person
is licensed or subject to the licensing requirements of this article
and whether or not such 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, specialty
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.
Any building, construction, repairs, remodeling, rehabilitation,
HVAC work, mechanical work, landscaping, plumbing, electrical work,
sign installation, blasting, demolition or any related construction-
or renovation-oriented field performed at any property, except:
A.
It is the duty of the Director of the Department of Licenses and Inspection to administer and provide for the enforcement of all the provisions of this article and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this article, and who pay the applicable fee in accordance with the Township's Fee Ordinance, and to refuse licenses to and/or suspend or revoke licenses issued to persons who do not so qualify or so comply or who do not pay the applicable fee. The Director of the Department of Licenses and Inspection is authorized to issue licenses upon the Township's receipt of a proper application or form provided by the Township, a certificate of insurance as required by § 265-8B of this article, and the applicable license fee.
B.
Certificate of insurance acceptable to the Director of the Department of Licenses and Inspection, showing all coverage required by § 265-8 hereof, 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 cancelled until at least 15 days' prior written notice has been given to Upper Darby Township.
A.
Except
as otherwise specifically exempted by the provisions of this article,
no person shall act as a contractor unless authorized to do so by
a license issued in accordance with the provisions of this article.
B.
All contractors
wishing to license themselves as plumbing or electrical contractors
must first show competency in the plumbing or electrical trade, as
the case may be, by employing individuals who have received a master
plumber's or electrician's license. Only the master plumber or electrician
himself representing the company can apply for plumbing or electrical
permits. To receive a master plumber's or electrician's license, the
individual must provide to the Township proof that he has passed an
exam administered by a competent organization approved by the Director
of the Department of Licenses and Inspection. Any plumber or electrician
who has previously passed said exam, but cannot show that he has been
employed in that trade at any time during the preceding five-year
period, may at the discretion of the Director of the Department of
Licenses and Inspection be required to retest for his license.
No license shall be required of an individual who performs labor
or services for a licensed contractor for wages or salary and who
is covered by the licensed contractor's workers' compensation insurance.
A.
When an application has been filed with the Department of Licenses
and Inspection in proper form, the Director of the Department of Licenses
and Inspection must, within 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 article
shall file a written application, which shall be signed and under
oath. The application shall be on a form provided by the Township
and require the names of owners, 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 of coverage specified under this article, listing
the Township as certificate holder. 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 (single limits $500,000) and workers' compensation insurance
covering any employee who will be performing services in the Township.
Blasting and demolition insurance limits shall be determined at the
time of application for a permit.
C.
Every contractor licensee shall, within 15 days after a change in
control of ownership or of management, or of change of address or
trade name, notify the Director of the Department of Licenses and
Inspection of such changes.
D.
Licenses of all contractors shall expire on March 31 immediately
following the date of issue unless, prior thereto, the license is
revoked or suspended. Upon payment of the annual license fee 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 Director of the Department of Licenses
and Inspection revokes or suspends the license.
For the protection of the people of this Township, no license
shall be issued or continued if already issued, where:
A.
The Director of the Department of Licenses and Inspection shall have
the power to refuse, suspend, or revoke any licenses issued under
the provisions of this article where the Director of the Department
of Licenses and Inspection finds that the licensee has violated any
provisions of this article or is performing or attempting to perform
any act prohibited by this article, or violates the provisions of
the Pennsylvania Uniform Construction Code, as amended.
B.
Any condition of a permit is violated.
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
license of the contractor, unless it shall appear to the satisfaction
of the Director of the Department of Licenses and Inspection that
the individuals engaged in the management of the contractor;
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 Director of the Department of Licenses
and Inspection with notification of such changes.
(2)
Making any substantial misrepresentation in the procurement of a
contract or making any false promise of a 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, providing 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 state or of this Township or of the safety or labor or workers'
compensation insurance laws of this state.
(7)
Doing any business with or through any person who is subject to the
licensing requirements of this article 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 Department of Licenses and Inspection
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. A contractor must be licensed
for every name and/or entity under which he conducts business in the
Township.
(11)
Willful failure to comply with any order, demand or requirements
lawfully made by the Director of the Department of Licenses and Inspection
under and within the authority of this article.
(12)
Violation of any federal, state or local consumer protection
law, including without limitation the Pennsylvania Consumer Protection
and Unfair Trade Practices Act.
B.
Violations of any of the prohibitions of this section:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any persons who shall knowingly and willfully engage in work
as a contractor, or hold themselves out to the public as doing any
work, or solicit in person the opportunity to do work in the Township
without obtaining a license as required by this article and who is
not otherwise exempted from said licensing requirements, and any person
who continues in business as a contractor after revocation or during
suspension, is liable for a violation of this article. This article
shall be enforced by the filing of a civil complaint or by such other
means as may be provided by the Pennsylvania Rules of Civil Procedure.
Any person, firm or corporation who violates any building, housing,
property maintenance, health, fire or public safety code shall, upon
being found liable in a civil proceeding, be ordered to pay a penalty
of not more than $1,000, plus the costs of prosecution, plus all Township
attorneys' fees incurred in the prosecution of the civil case. Any
person, firm or corporation who violates any other ordinance shall,
upon being found liable in a civil proceeding, be ordered to pay a
penalty of not more than $600, plus the costs of prosecution, plus
all Township attorneys' fees incurred in the prosecution of the civil
case. Each day that a violation continues shall constitute a separate
violation of this article. Each subsection of this article that is
violated shall constitute a separate violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who knowingly and willfully violates any provision
of this article, in addition to any administrative penalty otherwise
applicable thereto, is liable for a violation of this article. This
article shall be enforced by the filing of a civil complaint or by
such other means as may be provided by the Pennsylvania Rules of Civil
Procedure. Any person, firm or corporation who violates any building,
housing, property maintenance, health, fire or public safety code
shall, upon being found liable in a civil proceeding, be ordered to
pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this article. Each subsection of this article
that is violated shall constitute a separate violation of this article.
If any provision of this article or the application thereof
to any person or circumstances is held invalid for any reason, such
invalidity shall not affect the other provisions or any other application
of this article which can be given effect without the invalid provision
or application, and to this end, all provisions of this article are
declared to be severable.
