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 masculine includes the
feminine, the singular includes the plural and the plural includes
the singular.
CONTRACT
An agreement, whether oral or written and whether contained
in one or more documents, between a contractor and an owner of real
property or another contractor for the performance or work, including
all labor, services and materials to be furnished and performed thereunder.
CONTRACTOR
Any person who undertakes or offers to perform construction,
repair, reroof, remodeling, rehabilitation, demolition, paving, electrical
and any other residential or nonresidential construction or specialty
contractor or demolition work in the Township, whether as a general
contractor, subcontractor, specialty contractor, certified electrical
inspector or home improvement contractor with respect to the property
owner. Contractor does not include a bona fide employee of the contractor.
PERSON
Any individual, partnership, limited partnership, association,
corporation, trust, limited liability company or other legally recognizable
entity.
REGISTRATION YEAR
Starting the first day of the month following the date of
adoption of this chapter ending December 31 of that year for the first
year and beginning January 1 and running for 12 months and ending
December 31 of the same calendar year thereafter.
The Code Enforcement Officer of East Norriton Township or his
authorized representative shall administer and enforce the provisions
of this chapter.
Registration by a contractor pursuant to this chapter shall
not be construed to authorize the registered contractor to perform
any particular type of work or conduct any particular type of business
which is reserved to qualified licensees under other provisions of
federal, state or local law.
The application for contractor registration shall be available
at the Township from the Code Enforcement Department. The application
shall require a written answer to all questions contained thereon.
The application will not be considered complete and will not be reviewed
unless all questions are answered. The application form shall be signed
by the applicant. The questions and information required on the application
form shall include, but not be limited to, the following:
A. The
names of owners, partners, directors, members, and officers of the
applicant and the business address and trade names of applicant.
B. A
statement as to whether or not any municipalities, including the Township,
have refused to issue or have revoked any similar contractor's
registration or licenses of the applicant within two years prior to
the date of the application. In the event that there has been such
denial or revocation, the applicant must explain in writing the reasons
for such denial.
Each registered contractor shall, within 10 days after a change
in ownership, directors, officers, members, management, address, phone
number or trade name, notify the Code Enforcement Department of such
change in writing.
No registration shall be issued or renewed under the following
circumstances:
A. If the applicant falsely answered any question or questions contained
on the application form.
B. If the applicant has been convicted within two years prior to the
date of application for any crimes or offenses related to the applicant's
work as a contractor under any federal and state criminal statute
or common law criminal offense or for violation of any municipal ordinance.
The term "conviction" shall include guilty pleas and pleas of nolo
contendere.
No permit shall be issued to any contractor until such time
that the contractor has obtained a contractor's registration.
Furthermore, no permit shall be issued to any contractor who is required
to register in accordance with the Pennsylvania Home Improvement Consumer
Protection Act (73 P.S. §§ 517.1 to 517.19) until such
time that the contractor demonstrates that the contractor is registered
in accordance with said act.
The Code Enforcement Officer is authorized revoke any registration
issued under the provisions of this chapter under the following circumstances:
A. If the registered contractor falsely answered any question or questions
contained on an application for contractor registration or renewal
of licensing previously submitted to the Code Enforcement Officer.
B. If the registered contractor fails to maintain, during the registration
year, the policies of insurance required under the provisions of this
chapter.
C. If the registered contractor violates any of the terms or provisions
of the Pennsylvania Uniform Construction Code, as amended, or its
successor or any terms or provisions of this chapter.
D. If the registered contractor violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Township.
E. If the registered contractor 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 Code Enforcement
Officer of any such change.
F. If the registered contractor does any business through any person
who is subject to the registration requirements of this chapter and
who is not registered as required by this chapter.
G. If the registered contractor engages in the contracting business
in the Township under any name other than the name which the Contractor
registered.
H. If the registered contractor fails to comply with an order, demand
or requirement lawfully made by Code Enforcement Officer or his authorized
representative under the authority of this chapter or any other Township
Code.
Any person shall have the right to appeal a decision of the
Code Enforcement Officer to the Board of Appeals. An application for
appeal shall be based on a claim that the true intent of this chapter
or the rules legally adopted hereunder have been incorrectly interpreted,
the provisions of this chapter do not fully apply, or an agreed party
for revision of revocation of registration, refusal to issue or renew
registration.
The Board of Appeals shall render its decision by way of resolution.
Copies shall be furnished to the appellant and the Code Enforcement
Officer. The Code Enforcement Officer shall, upon receiving the decision
of the Board, take immediate action in accordance with the decision
of the Board.
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in
the manner and time required by law following the filing of the decision
of the Board of Appeals.
The provisions of this chapter are severable, and if any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board that this chapter
would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This chapter shall take effect and be in force from and after
its approval as required by law.