[Ord. 570, 5/9/1990, § 1]
This Part shall be known as and may be cited as "The Darby Township
Contractor Licensing Ordinance."
[Ord. 570, 5/9/1990, § 2]
The Board of Commissioners finds it to be in the best interest
of the residents of Darby Township, Delaware County, Pennsylvania,
that the persons or firms who engage in construction, repairs, remodeling,
rehabilitation, or demolition, and/or operating as general contractors,
subcontractors, specialist contractors, and/or home improvement contractors,
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 Darby.
[Ord. 570, 5/9/1990, § 3]
As used in this Part, unless the context clearly indicates a
different meaning, the following terms shall have the meanings indicated:
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 thereunder.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, demolition, paving and any other residential
or nonresidential construction or demolition work in the Township,
whether as a general contractor, subcontractor, specialty contractor
or home improvement contractor.
The Township Engineer.
The Building Inspector and/or the Code Enforcement Officer
of the Township.
The twelve-month period beginning on January 1 of each year.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift or otherwise.
Any individual, partnership, limited partnership, corporation
and/or other similar entity.
[Ord. 570, 5/9/1990, § 4]
The Inspector, or his designated representatives, shall administer
and enforce this Part.
[Ord. 570, 5/9/1990, § 5]
No person shall act as a contractor in the Township except in
compliance with the provisions of this Part. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provision of this Part is also in violation of this
Part.
[Ord. 570, 5/9/1990, § 6]
A license issued pursuant to this Part shall not be construed
to authorize the licensee to perform any particular type of work or
type of business which is reserved to qualified licensees under the
other provisions of state or local law.
[Ord. 570, 5/9/1990, § 7]
Every person desiring to engage in or hereafter to begin to engage in the business of acting as a contractor in the Township shall, on or before January 1 of the license year, or prior to commencing business in such license year, make application for a license to act as a contractor in the Township. Such application shall be made by the completion of an application form furnished by the Township and the payment of a license fee as hereinafter set forth in this Part. Each application must contain information as set forth hereinafter in this Part, and each application must present satisfactory proof of insurance as set forth hereinafter in this Part. Each application for a license shall be signed by the applicant, if a natural person, and, in the case of an association or a partnership, and/or any other similar businesses entity, by a member or partner thereof, and, in the case of a corporation, by an officer thereof. Each successful applicant shall be issued a license, which shall be in the form of a wallet-size card and in the form of a vehicle sticker which must be prominently displayed. Every licensed contractor, while actually acting as a contractor in the Township, shall carry such license card with him or her and shall display it to the Inspector or his or her representatives upon demand. Every licensed contractor shall at all times display his or her sticker license on the vehicle he or she primarily uses in his or her activities as a contractor. All contractors' licenses shall expire at 12:00 midnight on December 31 of each license year unless a license is revoked or suspended prior thereto under § 13-813. A person with an unexpired license which has not been revoked or suspended during the current license year who makes application for a license for the following year need not complete an application form but must submit the required license fee and, if he or she qualified for licensing and renewal under the terms of this Part, his or her license shall be renewed for the following license year and he or she will be issued a new license card and bumper sticker for the following license year. Any contractor carrying on the business of a contractor in the Township must obtain a license under this Part for each license year during which he or she carries on such business.
[Ord. 570, 5/9/1990, § 8]
1.
This Part shall not apply to the official transactions of any authorized
representative of the government of the United States, any state or
commonwealth of the United States, any political subdivision of any
state or commonwealth, or any agency or instrumentality of the foregoing
governments.
2.
No contractor's license shall be required of:
A.
A person who performs labor or services for a contractor for wages
or salary; or
B.
A person who is required by other state and local law to attain standards
of competency or experience, and who must obtain licensing under such
other state or local law as a prerequisite to engage in a craft or
profession, and is acting exclusively within the scope of such craft
or profession for which he or she is currently licensed pursuant to
such other law.
[Ord. 570, 5/9/1990, § 9]
1.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Inspector at the time of
the license application. The certificate of insurance shall contain
a provision that coverages afforded under the policy will not be canceled
until at least 15 days prior to 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 application,
for public liability, property damage, products liability and completed
operations, each of which must have a single occurrence limit of at
least $25,000. 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 Inspector or the Engineer
at the time of the application, based on the nature and extent of
the applicant's proposed operations.
2.
All types and limits of insurance for which certificates are presented at the time of application, and upon the basis of which a license is issued, shall be maintained throughout the license year, or the license will be suspended or revoked as set forth in § 13-813. The Inspector must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.
[Ord. 570, 5/9/1990, § 10; as amended by Ord. 601,
3/9/1994; by Ord. 630, 12/9/1998; by Ord. 689, 12/8/2010; and by Ord.
711, 12/4/2013]
1.
At the time of the application for a new license or for the renewal
of a current license, the applicant shall pay to the Inspector a license
application fee, payable to the Township, which shall be $100.
2.
No fee or portion thereof shall be returned to any applicant.
3.
Double Fees. In case any work for which a permit required by this
Ordinance is started or proceeded with prior to obtaining same permit,
the fee specified in this section of this Ordinance shall be doubled,
but the payment of such double fee shall not relieve any person from
fully complying with the requirements of this Ordinance in the execution
of the work, nor from any other penalties prescribed herein.
[Ord. 570, 5/9/1990, § 11]
1.
When an application has been filed with the Township in proper form,
the Inspector must, within a period of 30 days from the date following
the date the application is received, issue or refuse to issue the
appropriate contractor's license to the applicant. If issuance
of a license is denied, the Inspector shall mail to the unsuccessful
applicant a written statement setting forth the reason or reasons
for the denial, within the aforesaid thirty-day period.
2.
The application for a license shall be a printed form provided to
the applicant by the Inspector, 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 applicant
is not entitled to consideration of his or her application until he
or she has answered all questions. The application form shall be signed
by the applicant under oath. The questions and information requested
on the application form shall include, but shall not be limited to,
the following:
A.
The names of owners, partners, directors and officers of the applicant
and the business address and trade names of the applicant.
B.
A statement as to whether or not any municipality has refused to
issue to the applicant or has revoked from the application any similar
contractor's license within two years previous to the date of
the application. If there has been such a denial or revocation, the
applicant must explain in writing the reasons for the same.
[Ord. 570, 5/9/1990, § 12]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Township in writing of such changes.
[Ord. 570, 5/9/1990, § 13]
Any of the following circumstances is sufficient cause to deny
the issuance of a license under this Part, or a renewal thereof, or
for revoking a license previously issued:
A.
The applicant falsely answered any question contained on the application
form.
B.
The applicant has been refused a similar contractor's license
or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal, if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.
The licensee fails to maintain, during the license year, the policies
of insurance required under this Part.
E.
The licensee violates any condition or requirement of a building
permit, sewer construction permit or highway permit issued by the
Township.
F.
The licensee willfully deviates from or disregards any plans or specifications
for a contracting job in a material respect without first obtaining
the consent from the owner in writing to such change and without first
notifying the Inspector of such change.
G.
The licensee does business through a person who is subject to the
licensing requirements of this Part but who is not licensed as required
by this Part.
H.
The licensee conducts a contractor's business in the Township
under a name other than that under which he or she is licensed.
I.
The licensee fails to comply with an order, demand or requirements
lawfully made by the Inspector under the authority of this Part or
any other Township ordinance.
[Ord. 570, 5/9/1990, § 14]
In addition to refusal or revocation of a license, as prescribed in § 13-813, whoever violates or fails to comply with any of the provisions of this Part shall be fined up to $1,000 for each offense, together with the costs of prosecution, or shall be subject to imprisonment in the county jail for a term not to exceed 30 days, or both. The fine imposed under this section shall be in addition to any other penalty imposed by this Part.
