The Board of Commissioners finds it to be in the best interest of the
residents of the Township of Caln, Chester County, Pennsylvania, that persons
or firms engaging in construction, repairs, remodeling, rehabilitation or
demolition and acting as general contractors, mechanical contractors, plumbing
contractors, electrical contractors, fire prevention contractors, specialty
contractors, home improvement contractors or subcontractors shall be required
to obtain a registration from the Township of Caln for such purpose, to the
end that only responsible and qualified persons shall be permitted to engage
in such business in the Township of Caln.
No person or firm may engage in or solicit any construction, building repairs, remodeling, rehabilitation or demolition business or hold themselves out to the public as doing such business or any such business set forth in §
67-1 hereof in the Township of Caln except in compliance with the applicable provisions of this chapter. No person or firm may engage in any trade or practice or other act prohibited by any provision of this chapter in the Township of Caln, and any person or firm who willfully participates in a prohibited act or violation of this chapter is subject to the penalties set forth herein. The provisions of this chapter may not be waived by agreement.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Township of Caln or any other
so designated by the Board of Commissioners of the Township of Caln.
CONTRACT
An agreement, whether oral or written and whether contained in one
or more documents, between a contractor and an owner or another contractor
for the performance of work, including all labor, services and materials to
be furnished and performed hereunder.
CONTRACTOR
Any person, other than a bona fide employee of the owner, who undertakes
or offers to work, whether or not such a person is registered or subject to
the registration requirements of this chapter 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.
PERSON
Any individual, partnership, corporation, trust, association, owner,
contractor, salesman or other legal entity.
TOWNSHIP
The Township of Caln, Chester County, Pennsylvania.
It is the duty of the Code Enforcement Officer or any other so designated
by the Board of Commissioners of the Township of Caln to administer and provide
for the enforcement of all provisions of this chapter and, specifically, to
issue registration to all applicants who shall be duly qualified and who comply
with the provisions of this chapter and to refuse registration or suspend
or revoke registration issued to persons who do not so qualify or so comply.
The Code Enforcement Officer is authorized to issue a registration upon receipt
of a proper application, the furnishing of a certificate of insurance as required
by this chapter and the payment of the required registration fee.
At the time of application for a new registration, or for the renewal
of a current registration, the applicant shall pay to the Code Enforcement
Officer a registration application fee, payable to the Township of Caln, as
adopted by resolution and amended from time to time.
Every registered contractor shall, within 10 days after a change in
ownership, directors, officers, management, address or trade name, notify
the Township of Caln of such change.
No registration shall be issued or renewed under the following circumstances:
A. If the applicant falsely answers or refuses to answer
any question or questions on the application form.
B. If the applicant has been refused a similar contractor's
registration or license or has had a similar contractor's registration or
license revoked or suspended by the Township of Caln or any other municipality
within two years prior to the date of application for issuance or renewal
and if the refusal, revocation or suspension by the other municipality was
due to failure to comply with that municipality's building codes.
C. If the applicant has been convicted within two years
prior to the date of the application of any crimes or offenses under any federal
or state criminal statute or common law offense or for violation of any municipal
ordinance, so long as such conviction were for crimes or offenses related
to the applicant's work as a contractor. The term "conviction" shall include
guilty pleas and pleas of nolo contendere.
D. If an unsatisfied civil judgment against the applicant
exists in any court in any jurisdiction without adequate agreement to make
satisfaction, and if the record of such court shows that such judgment was
entered because of the applicant's failure to complete a contract as defined
in this chapter, or if such judgment was entered because of the applicant's
failure to properly perform a contract as defined in this chapter.
Registration may be suspended or revoked for any one or more of the
following acts or omissions:
A. Fraud or misrepresentation in obtaining a registration
or renewal thereof.
B. Violation of this chapter or any other applicable code,
ordinance or statute governing the work performed.
C. Filing of voluntary petition in bankruptcy.
D. Fraud or misrepresentation in obtaining or performing
a contract for the performance of which registration is required under this
chapter.
E. Unjustified failure to perform a contract for the performance
of which registration is required under this chapter.
F. If a registered contractor does business through any
person who is subject to registration requirements of this chapter and who
is not registered as required by this chapter.
The following acts of a registered contractor are prohibited:
A. Abandonment or willful failure to perform without justification
any contract or project engaged in or undertaken 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 without providing
the Township of Caln with notification of such changes.
B. Making any substantial misrepresentation on the procurement
of a contract or making any false promise of a character likely to influence
or induce the execution of such contract.
C. 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.
D. Preparing and/or accepting any mortgage, promissory note
or other evidence of indebtedness in connection with the contractual transaction
with knowledge that said indebtedness is a greater monetary obligation than
the consideration for the work to be performed.
E. Directly or indirectly publishing any advertisement relating
to work or services which contains an assertion, representation or statement
of fact which is false, deceptive or misleading, provided that any advertisement
which is subject to and fails to comply with the existing rules, regulations
or guidelines of the Federal Trade Commission shall be deemed false, deceptive
or misleading under the terms of this chapter 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.
Any applicant whose application for registration has been denied or
any registered contractor whose registration has been revoked or suspended
under the provisions of this chapter shall be entitled to request a hearing
before the Administrative Board of Appeals within 30 days of the notice of
rejection or revocation to appeal the decision of the Code Enforcement Officer.