[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:
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 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.
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.
PERSONS
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman, or other legal entity.
WORK
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.
Routine household cleaning;
B.
Installation of appliances that requires no modification to
the existing structure, electrical system or plumbing system;
E.
Testing of any type made or done in anticipation of other work
at the property.
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.
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 any history
of failure to perform contracts, or the manipulation of assets or
accounts, or by fraud or bad faith.
[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.