[Amended 6-9-1981 by Ord. No. 1049; 8-9-1988 by Ord. No. 1188]
The Board of Commissioners finds it in the best
interest of the residents of Springfield Township, Delaware County,
Pennsylvania, that persons or firms who engage in construction, repairs,
remodeling, rehabilitation or demolition, and operating as general
contractors, and including but not limited to mechanical contractors,
electrical contractors, plumbing contractors, fire prevention contractors,
specialty contractors, home improvement contractors, elevator contractors,
grading contractors, roofing contractors, painting contractors, paperhanging
contractors or tree surgeons, who may be prime contractors or subcontractors
shall be required to obtain a license from the township for such purpose,
to the end that only responsible and qualified persons shall be permitted
to engage in such business in said Township of Springfield.
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 Springfield,
Pennsylvania, except in compliance with the applicable provisions
of this ordinance. No person or firm may engage in this township in
any trade or practice or other act prohibited by any provision of
this ordinance, 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 ordinance may not be waived by agreement.
For the purpose of this ordinance, the following
terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
Whenever the terms "Building Inspector" or "Assistant Building
Inspector" appear in this chapter, it shall be and mean the duly appointed
Code Enforcement Officer or his assistant, or deputy, of the Township
of Springfield, said terms being synonymous.
[Added 8-9-1988 by Ord. No. 1188]
CONTRACT
An agreement, whether oral or written or 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.
CONTRACTOR
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 ordinance 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
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman or other legal entity.
[Amended 7-13-1976 by Ord. No. 954; 6-9-1981 by Ord. No. 1049; 9-8-2015 by Ord. No. 1560]
No license shall be issued or become effective until the applicant pays the required fee, payable to the Township of Springfield. All contractors as provided for in §
31-1 and who are in good standing, may be issued an annual license on a calendar-year basis beginning January 1 of each year upon application and the payment of a fee in accordance with Chapter
40, Fee Schedule, of the Code of the Township of Springfield. An abatement of said fee shall be made on September 1 for the balance of the calendar year at the rate as indicated in Chapter
40, Fee Schedule.
Except as otherwise specifically exempted by
the provisions of this ordinance, 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 ordinance.
A decal, to be supplied by the Building Inspector, indicating that
the contractor is currently licensed, shall be affixed to all trucks
or cars used by the contractor in the course of his work in the township.
The decal shall be located on the vehicle in accordance with instructions
of the Building Inspector.
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.
For the protection of the people of this township,
no license shall be issued or continued if already issued, where:
A. The person or the management personnel are untrustworthy
or not of good character.
B. The business transactions of the person have been
marked by a practice of failure to perform contracts or the manipulation
of assets or accounts, or by fraud or bad faith.
Any person who shall knowingly and willfully
engage in building construction, repairs, remodeling, rehabilitation
or demolition without obtaining a license as required by this ordinance,
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 $300
for each separate violation, and in default of payment thereof be
imprisoned for a term not exceeding 30 days.
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid for any reason,
such invalidity shall not affect the other provisions or any other
application of this ordinance which can be given effect without the
invalid provisions or application; and to this end, all provisions
of this ordinance are declared to be severable.
A license issued under this ordinance does not
supersede the requirements of Chapter 65 of the Code of the Township
of Springfield pertaining to soliciting, etc., but is to be enforced
in conjunction therewith where applicable.