[Adopted 3-21-1984 by Ord. No. 1563]
The Board of Commissioners of the Township of
Ridley finds it to be in the best interest of the residents of Ridley
Township, Delaware County, Pennsylvania, that persons or firms who
engage in construction, repairs, remodeling, rehabilitation or demolition;
and operating as general contractors, subcontractors, specialty contractors
or home improvement contractors are required to obtain a license from
the Township of Ridley for such purpose, to the end that only responsible
and qualified persons shall be permitted to engage in such business
in said Township of Ridley.
No person or firm may engage in or transact
any construction, building repairs, remodeling, rehabilitation or
demolition business or hold themselves out to the public as doing
such business or solicit such business in the Township of Ridley,
Pennsylvania, except in compliance with the applicable provision 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.
A license issued pursuant to this article may not
be construed to authorize the licensee to perform any particular type
of work or kind of business which is reserved to qualified licensees
under other provisions of state or local law; nor shall any licensee
or authority other than as issued to the permittee pursuant to this
article authorize engaging in construction, building repairs, remodeling,
rehabilitation, demolition or home improvement business in the Township
of Ridley.
B.
This chapter shall not apply to the official transactions
of an authorized representative of the United States of America, or
an instrumentality thereof, or 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 purpose of this article, the following
terms shall have the meanings indicated:
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 a bona fide employee of the owner,
who undertakes or offers to work, 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.
A.
It is the duty of the Code Enforcement Officer 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 to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Code Enforcement Officer is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by § 173-9B and the license fee having been paid.
B.
A certificate of insurance acceptable to the Code
Enforcement Officer 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 canceled until
at least 15 days' prior written notice has been given the Township
of Ridley.
[Amended 10-25-2000 by Ord. No. 1808]
No license shall be issued or become effective until the applicant pays the required fees payable to the Township of Ridley as follows: builders, developers and contractors, swimming pool and sign contractors, subcontractors, special contractors, home remodeling contractors, paving contractors, decorators and all others listed in § 173-1 of this article: as set from time to time by resolution of the Board of Commissioners.
Except as otherwise specifically exempted by
the provisions of this article, no person shall act in the capacity
of general contractor, subcontractor, specialty contractor or home
improvement contractor unless authorized to do so by a subsisting
license issued in accordance with the provisions of this article.
No contractor's license shall be required of
any person when acting in the particular capacity or particular type
of transaction set forth in this section:
A.
An individual who performs labor or services for a
contractor for wages or salary.
B.
Any person who is required by state or local law to
attain standards of competency or experience as a prerequisite to
engaging in such craft or profession, and who is acting exclusively
within the scope of the craft or profession for which he is currently
licensed pursuant to such other law.
C.
Any person who does any work in a single- or two-family
dwelling used exclusively for living purposes, including the usual
accessory buildings and quarters in connection with such dwelling,
if the same will be occupied by said owner and that said owner shall
personally purchase all materials and perform or supervise all labor
in connection therewith.
A.
When an application has been filed with the Department
of Code Enforcement in proper form, the Code Enforcement Officer must,
within 30 days from 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 provisions
of this article shall file a written application, which shall be signed
and under oath. The application shall 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 or coverage specified
under this article. 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 as set from time to time by resolution of the Board
of Commissioners) and workmen's compensation insurance. Blasting and
demolition insurance limits shall be determined at the time of any
application for a permit.
[Amended 7-22-1992 by Ord. No. 1691; 10-25-2000 by Ord. No.
1808]
C.
Every contractor licensee shall, within 10 days after
a change in control of ownership or of management or of change of
address or trade name, notify the Code Enforcement Officer of such
changes.
D.
Licenses of all contractors shall expire on December 31 of each year following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee, as prescribed by § 173-6, 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 Commissioners revoked or suspended the license.
For the protection of the people of this Township,
no license shall be issued or continued if already issued, where:
A.
The Code Enforcement Officer shall have the power
to refuse, suspend or revoke any licenses issued under the provisions
of this article where the Code Enforcement Officer finds:
B.
Any violation of any of the provisions of this subsection
upon the part of any director, manager, partner, officer, salesman,
agent or employer 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 Code Enforcement Officer 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 under taken 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 provided that the Code Enforcement Officer has received
notification of such changes.
(2)
Making any substantial misrepresentation in the procurement
of a contractor or making any false promise of 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 contain an assertion, representation,
is a statement of fact which is false, deceptive or misleading, provided
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 workmen's compensation insurance laws of this state.
(7)
Doing any business with or through any person who
is subject to the licensing requirements of this subsection 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 Code Enforcement Officer
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.
(11)
Willful failure to comply with any order, demand
or requirements lawfully made by the Code Enforcement Officer under
and within the authority of this article.
B.
Violations of any of the prohibitions of this section:
[Amended 11-16-1988 by Ord. No. 1639; 10-25-2000 by Ord. No.
1808]
A.
Any person who shall knowingly and willfully engage
in building construction, repairs, remodeling, rehabilitation or demolition
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 shall be punished by a fine not exceeding one $1,000, plus
costs of prosecution, for each separate violation, and in default
of payment thereof, be imprisoned for a term not exceeding 30 days.
B.
Any person who knowingly and willfully violates any
provision of this article, in addition to any administrative penalty
otherwise applicable thereto, upon conviction thereof by a court of
competent jurisdiction of this state, shall be punished by a fine
not exceeding $1,000, plus costs of prosecution, for each separate
violation, and in default of payment thereof, be imprisoned for a
term not exceeding 30 days.
