[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin 2-7-1994 by Ord. No. HR-223 (Ch. XIV, Art. I, 102, of the 1979
General Laws of the Municipality of Tredyffrin); amended in its entirety 5-3-2004
by Ord. No. HR-328. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
This chapter shall be known as the "Tredyffrin TownshipContractor Registration
Ordinance."
The following words and phrases as used in this chapter shall have the
meanings ascribed to them in this section, unless the context clearly indicates
a different meaning. The singular includes the plural and the plural includes
the singular.
A document issued for the construction, alteration, repair, demolition,
location, maintenance or installation relating to a building, structure, elevator
or equipment as required under the Uniform Construction Code.[1]
An agreement, whether oral or written and whether contained in one
or more documents, between a contractor and an owner, for the performance
of work, including all labor, services and materials to be furnished and performed
thereunder.
Any person, other than a bona fide employee of the owner, who undertakes
or offers to perform construction, installation, repair, roofing, remodeling,
rehabilitation, demolition and any other residential or nonresidential construction
or demolition work in the Township, including electrical, mechanical and plumbing
work, whether as a general contractor, specialty contractor or home improvement
contractor.
The owner of the property for which construction services have been
contracted.
Any individual, partnership, limited partnership, association, corporation,
trust or other legally recognizable entity.
The twelve-month period beginning the first day of January of each
year.
The Township of Tredyffrin.
The Township's Inspections Department shall administer and enforce the
provisions of this chapter.
No person shall act as a contractor in the Township except in compliance
with the provisions of this chapter. Any person, including an owner, who willfully
aids a contractor or participates with a contractor in violating any provisions
of this chapter is in violation of this chapter. The provisions of this chapter
may not be waived by agreement.
Registration approved pursuant to this chapter shall not be construed
to authorize the 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.
A.
It shall be unlawful for any contractor, as defined herein,
to do work for which a construction permit is required within Tredyffrin Township
without first registering with the Township.
B.
It shall be unlawful for any person other than a master
plumber, or a journeyman in the employ of or under the direct supervision
and control of a master plumber, to be hired by another to alter, repair,
make connections with or otherwise affect any drain, sewer line, waste line,
vent pipe or other connection therewith. Prior to the issuance of any permit
for such plumbing work, the plumber shall submit satisfactory proof, based
on education or certification by another municipality, that he or she is a
bona fide master plumber or a journeyman plumber in the employ of a bone fide
master plumber.
A.
Every person desiring to engage in the business of acting
as a contractor in the Township shall, prior to performing work for which
a construction permit is required, apply to register as a contractor in the
Township.
B.
To register, each contractor shall complete an application
furnished by the Township and pay the registration fee established by the
Township Board of Supervisors. Each application must include satisfactory
proof of insurance. Each application shall be signed by the applicant if a
natural person, and in the ease of an association or a partnership, by a member
or partner thereof, and in the case of a corporation, by an officer thereof.
C.
Each successful applicant shall be registered and issued
a wallet-sized registration card. Every registered contractor, while actually
acting as a contractor in the Township, shall carry said registration card
with him or her and shall display it to the Township upon request to do so.
D.
All contractors' registrations shall expire at 12:00
midnight on December 31 of each registration year unless the registration
is revoked or suspended prior thereto under the terms of this chapter.
No contractor's registration shall be required of any person when acting
in a particular capacity or particular type of transaction as follows:
A.
Every applicant shall file a certificate of insurance
with the Township at the time of application. The certificate of insurance
shall contain a provision that coverage afforded under the policy will not
be canceled until at least 25 days' prior written notice of such cancellation
has been given to the Township. The certificate of insurance must evidence
policies of insurance, maintained at the expense of the applicant, for public
liability, property damage, products liability and completed operations. Each
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.
B.
All types and limits of insurance for which certificates
are presented at the time of application, and based upon which a registration
card is issued, shall be maintained throughout the registration year or the
registration will be suspended or revoked as hereinafter set forth in this
chapter.
The annual contractor's registration fee shall be in the amount established
by resolution of the Board of Supervisors and set forth in the Township Fee
Schedule. There shall not be a pro-rated reduction in the registration fee,
and no fee or portion thereof shall be returned.
The application for registration shall be a 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 application form shall be signed by the applicant.
Every contractor registered to perform work in the Township shall, within
10 days after a change in ownership, address or trade name, notify the Township
of such change.
No registration shall be issued, or any registration issued under the
provisions of this chapter shall be revoked, 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 convictions were for crimes or
offenses related to the applicant's work as a contractor. The term "conviction"
shall include guilty pleas of nob contendere.
C.
The registrant fails to maintain the policies of insurance
required under the provisions of this chapter.
D.
The registrant violates any of the terms or provisions
of the Code of the Township of Tredyffrin.
E.
The registrant fails to obtain a construction permit
prior to the commencement of work, except in the case of an emergency.
F.
The registrant violates any condition or requirement
of a construction permit issued by the Township.
G.
The registrant 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.
H.
The registrant fails to comply with an order, demand
or requirement lawfully made by the Township under the authority of this chapter
or any other Township ordinance.
In addition to revocation or suspension of registration, any person
who fails to correct a violation or institute a remedial action as ordered
by the Township or who violates a provision or fails to comply with any requirements
of this chapter or of any of the other applicable provisions of the Township
Code, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not less than $100 nor more than $1,000, plus all court
costs, including reasonable attorney's fees, incurred by the Township in the
enforcement of this chapter. The fine or penalty imposed under this section
shall be in addition to any registration fees imposed under this chapter.
No judgment shall be imposed until the date of the determination of the violation
by the District Justice and/or court. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day's failure to comply herewith
shall constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
