[Ord. No. 2013-05, 7/2/2013]
This Part shall be known as the "Valley Township Contractor
Registration Ordinance of 2013."
[Ord. No. 2013-05, 7/2/2013]
As used in this Part, the following terms shall have the meanings
indicated:
CONTRACTOR
Any person or entity engaged in the construction of a building
and/or structure, residential or commercial. The definition shall
include general contractor and contractors who engage in a specific
trade (e.g., electrician, plumbers). "Contractor" shall not include
a person or entity exclusively engaged in the construction of "home
improvement," as those terms are defined in 73 P.S. § 517.1,
and who has properly registered with the Bureau of Consumer Protection
of the Office of Attorney General of the Commonwealth of Pennsylvania
under the Pennsylvania Home Improvement Consumer Protection Act. Provided,
however, the term "contractor" shall include:
1.
Home improvement contractors who also build new homes or subcontract
with a builder of new homes;
2.
Home improvement contractors who also serve as a contractor
or subcontractor on any commercial project;
3.
Individuals or entities who are required to register with the
Bureau of Consumer Protection of the Office of Attorney General and
who has not yet done so; and
4.
Home improvement contractors who had less than $5,000 of home
improvements the prior taxable year
TOWNSHIP
Township of Valley, Chester County, Pennsylvania.
[Ord. No. 2013-05, 7/2/2013]
No contractor shall engage in business within Valley Township
without annually registering with the Township Secretary. Such registration
shall require the production for the Township Secretary by the contractor
of copies of his/her/its certificates of insurance for general liability
insurance, automobile insurance, workers' compensation insurance,
and employers' liability insurance. If, after having registered with
the Township Secretary, any of the contractor's aforesaid insurance
policies (general liability, automobile liability, workers' compensation,
and employers' liability), shall lapse, be dropped, canceled, or terminated
for any reason, the contractor shall notify the Township Secretary
in writing and shall also immediately terminate his business activities
within the Township, until such time as he/she/it has secured replacement
insurance coverage and provided the Township Secretary with new certificate(s)
of insurance.
[Ord. No. 2013-05, 7/2/2013]
1. The Township shall have available the application for the insurance
registration certificate and insurance requirements at the Township
office which shall request all pertinent information for the registration
of contractors.
2. The application will be available through the Township Secretary
who shall have five days in which to issue said registration, after
receiving the completed application, the annual fee, and the certificate(s)
of insurance.
[Ord. No. 2013-05, 7/2/2013]
1. The registration fee shall cover the period from January 1 through
December 31, and shall be established by resolution of the Valley
Township Board of Supervisors, and shall not be pro rated.
2. Upon registration, the Township Secretary shall issue an insurance
registration certificate to the contractor acknowledging that the
required insurance information has been provided to the Township.
3. The Board of Supervisors may from time to time, by resolution, amend
the registration fees.
[Ord. No. 2013-05, 7/2/2013]
1. Any registration granted hereunder may be revoked by the Township
Board of Supervisors upon finding that a holder of such registration
is in violation of any ordinance of the Township.
2. Any contractor whose registration is revoked or denied may appeal
such decision to the Township Board of Supervisors. Any such appeal
shall be in writing which shall be accompanied by such fee as shall,
from time to time, be established by resolution of the Board of Supervisors.
A hearing on such appeal shall take place within 30 days after receipt
of the written appeal by the Township Secretary. The application shall
not be considered complete until the required fee is paid.
[Ord. No. 2013-05, 7/2/2013]
This Part shall not be deemed to create any rights or claims
against the Township, its agents, servants or employees by any person
or entity who shall claim damage from:
1. Any contractor
who has registered to perform work in the Township without complying
with the provisions of this Part; or
2. Any contractor
who has failed to register as required by this Part.
[Ord. No. 2013-05, 7/2/2013]
1. Any person, partnership, association, corporation or like entity
which shall violate the provisions of this Part shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $1,000 and, in default of payment of such fine, such person
or members of such partnership, association or entity or the officers
of such shall be liable to imprisonment for not more than 90 days.
2. The Township Secretary shall give official notice to the violator
by means of a written notification via certified mail, hand delivery,
fax or e-mail.
3. All fines shall be collected as fines are now collected by law.
[Ord. No. 2013-05, 7/2/2013]
In addition to the penalties provided above, the Township may
in its discretion proceed in an action in law or equity to enforce
the provisions of this Part.