[HISTORY: Adopted by the Board of Supervisors of the Township of Montgomery 6-22-2009 by Ord. No. 09-238. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 69.
Uniform construction codes — See Ch. 80.
Subdivision and land development — See Ch. 205.
Towing contractors — See Ch. 220.
The following words, terms and phrases, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer of the Township of Montgomery Township, or his or her duly appointed Deputy, and shall include the duly appointed Building Inspector, Deputy Building Inspector, Fire Marshal, Deputy Fire Marshal, the Director of Public Works, Zoning Officer and the Township Engineer.
COMMERCIAL CONSTRUCTION ACTIVITIES
The erection, alteration, repair, renovation, rehabilitation, demolition or removal of any commercial building or structure and the excavation, filling, grading and landscaping of lots zoned for commercial use in connection therewith.
COMMERCIAL CONTRACT
An agreement, whether oral or written or contained in one or more documents, between a commercial contractor and an owner for the performance of work, including all labor services and materials to be furnished and performed thereunder.
COMMERCIAL CONTRACTING ACTIVITIES
Activities that a commercial contractor performs in the course of his or her business.
COMMERCIAL CONTRACTOR
Any person who, as a prime contractor or as a subcontractor, engages in commercial construction activities in Montgomery Township, including, without limitation, mechanical, electrical, blasting, specialty, elevator, roofing, plumbing, and earth disturbance and grading contractors. The term shall not include any bona fide employee of an owner of the premises where work is to be performed. Contractors identified in the Pennsylvania Home Improvement Consumer Protection Act of 2008 are not considered a commercial contractor, unless they are performing this work on a nonresidential-type property, including but not limited to commercial, industrial, business, retail, medical, assisted living, apartments, etc.
HOME IMPROVEMENT CONTRACTOR
As used in this chapter, shall have the same definition as this term has in the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132, as amended.[1]
OWNER
Any person, agent, firm or corporation having a legal or equitable interest in any building, structure or lot.
PERSON
An individual, partnership, corporation, trust, association, owner, contractor, salesman or other legal entity.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
No person may act as a commercial contractor or engage in commercial construction activities in the Montgomery Township or hold themselves out to the public as doing such business or solicit such business in Montgomery Township, except in compliance with the provisions of this chapter.
A. 
It is the duty of the Code Enforcement Officer and/or other authorized Township representative to administer and provide for the enforcement of all the provisions of this chapter and specifically to register and issue a license to any persons who are found to be duly qualified under and who comply with the provisions of this chapter, and to deny to register and issue a license to or suspend or revoke a previously issued registration and license to any person who does not so qualify or so comply.
B. 
A certificate of insurance shall be filed with the Township prior to the issuance of any license, evidencing the contractor's insurance coverage of the type and in the amounts specified herein. Said certificate shall contain a provision that the coverage provided shall not be reduced, terminated, cancelled or nonrenewed without 30 days' prior written notice to the Township.
No commercial contractor shall be registered and no license shall become effective until the commercial contractor pays to the Township a registration and license fee in an amount established from time to time by resolution. All commercial contractors who are in good standing may be issued an annual renewal license on a calendar-year basis beginning January 1 of each year upon application and the payment of a license renewal fee as established by the Township fee schedule.
A. 
Except as otherwise specifically exempted by the provisions of this chapter, no person shall act in the capacity of a contractor unless authorized to do so by a valid registration and license issued in accordance with the provisions of this chapter. The Township may issue a registration card or other indicia of registration, to be supplied by the Code Enforcement Officer or other authorized Township representative upon request.
B. 
All contractors that seek to perform home improvement contracts in the Montgomery Township shall, prior to receiving a building or other permit, provide proof that said contractor is registered with the Commonwealth of Pennsylvania as required by the Act of October 17, 2008, P.L. 1645, No. 132, as amended, known as the Home Improvement Consumer Protection Act.[1] Registration under Act 132 does not affect the responsibilities or authority under Act 45 of 1999, known as the Pennsylvania Construction Code Act,[2] or the requirements under Section 302(e) of the act of June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation Act,[3] regarding workers' compensation. Act 132 does not affect existing licensing standards in effect with respect to electricians and plumbers and other trades, where licensing is conditioned on requirements of testing or possession of certificates obtained through specific training in electricity or other trades.
[1]
Editor's Note: See 73 P.S. § 517.1 et seq.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[3]
Editor's Note: See 77 P.S. § 1 et seq.
The following persons are not required to register with the Township as a commercial contractor:
A. 
An individual who performs labor or services for a commercial contractor for wages or salary.
B. 
Residential contractors who perform residential construction activities, except new construction.
C. 
Individuals who perform labor or services for a residential contractor for wages or salary.
A. 
The Code Enforcement Officer or other authorized Township representative shall act upon all commercial contractor license applications for registration within 14 days of receipt of a full and complete application. If an application is denied, the applicant shall be so notified in writing. The notification shall set forth the reason for the denial.
B. 
An applicant for any registration required by the provisions of this chapter shall file a written application on a form supplied by the Township, which shall be signed and under oath. The application shall require among other items the names of the business, the business street addresses and trade names of the applicant together with a certificate of insurance written for not less than any limit of coverage specified under this chapter. The commercial contractor shall take out and maintain at his own expense, during the life of the registration, the following insurance or its equivalent:
[Amended 3-9-2015 by Ord. No. 15-288]
(1) 
Commercial general liability insurance for bodily injury, personal injury and property damage including loss of use, with minimum limits of $500,000 each occurrence; $500,000 personal and advertising injury; $500,000 general aggregate; and $500,000 products/completed operations aggregate.
(a) 
This insurance shall include coverage for all of the following:
[1] 
Liability arising from premises and operations;
[2] 
Liability arising from the actions of independent contractors;
[3] 
Liability arising from products and completed operations;
[4] 
Contractual liability;
[5] 
Liability arising from the explosion, collapse, or underground (XCU) hazards; and
[6] 
Montgomery Township and its elected and appointed officials, officers, agents, and employees as additional insureds on a primary and noncontributory basis with respect to operations performed by the contractor or on contractor's behalf for which Montgomery Township has issued a permit, license or authorization.
(2) 
Business auto liability insurance with a minimum limit of $500,000 per accident and including coverage for all of the following:
(a) 
Liability arising out of the ownership, maintenance or use of any auto (if no owned autos, then hired and non-owned autos); and
(b) 
Automobile contractual liability.
(3) 
Workers compensation insurance with statutory benefits as required by Pennsylvania law; employers liability insurance with minimum limits of $100,000 each accident for bodily injury by accident; $100,000 each employee for bodily injury by disease; and $500,000 policy limit for bodily injury by disease.
(4) 
If the applicant does not meet the insurance requirements herein, the applicant shall forward a written request to the Township for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the Township denies the request for said waiver, the applicant must comply with the insurance requirements as specified herein.
C. 
Any applicant for any registration shall comply with the statutory requirements of the Commonwealth of Pennsylvania pertaining to the Worker's Compensation Law.[1]
[1]
Editor's Note: See 77 P.S. § 1 et seq.
D. 
Every registered contractor shall, within 10 days after a change in control of ownership or management, or change of address or trade name, notify the Code Enforcement Office and/or Township of such change or changes.
E. 
The registration and license of all commercial contractors shall expire on January 1 following the date of issue unless prior thereto the registration is revoked or suspended. Upon payment of the annual registration fee, as prescribed herein, prior to the expiration date, a registration and license may be renewed for another year, and the authority to engage in construction activities shall continue during said renewal year unless and until it is revoked or suspended by the Board of Supervisors of Montgomery Township.
F. 
No building permits shall be issued until all commercial contractors and commercial subcontractors working on the proposed structure are registered in accordance with the terms of this chapter.
A. 
The Code Enforcement Officer or other authorized Township representative may, upon approval of the Board of Supervisors, suspend or revoke any registration and license issued under the provisions of this chapter where it is found that the contractor has violated any provision of this chapter or is performing or attempting to perform any act prohibited by this chapter, or violates any provision of any ordinance of the Montgomery Township or law of the United States of America or the Commonwealth of Pennsylvania.
B. 
A violation of any condition of a commercial construction activity permit issued by the Montgomery Township shall be grounds for suspension or revocation of the registration and license.
C. 
Any violation of any of the provisions of this chapter upon the part of any director, manager, partner, officer, salesman, agent or employee of a contractor shall be cause for suspension or revocation of the registration of the commercial contractor unless it shall appear to the satisfaction of the Board of Supervisors and Code Enforcement Officer that the individuals engaged in the management of the contractor:
(1) 
Had no knowledge of the wrongful conduct; or
(2) 
Were, following the exercise of due diligence, unable to prevent the violation.
For the protection of the residents and business owners of Montgomery Township, no registration or license shall be issued or continued if already issued in the event that:
A. 
The commercial contractor or the management personnel of the commercial contractor's company has demonstrated a lack of ability or willingness to comply with and/or abide by the provisions of any ordinance of Montgomery Township or statute of the United States of America or Commonwealth of Pennsylvania.
B. 
The business transactions of the commercial contractor demonstrate a practice of failure to perform commercial contracts or the manipulation of assets or accounts, or fraud or bad faith.
A. 
The Board of Supervisors may suspend or revoke any registration and license following a hearing. At least 10 days prior to the date set for the hearing, the Code Enforcement Officer or other authorized Township representative shall notify the commercial contractor in writing of any charge made, and afford said contractor an opportunity to be heard in person and by counsel in reference thereto. Such written notice shall be served by delivery of the same to the commercial contractor in person or by certified mail to the business address of record of such contractor. The hearing on such charges shall be at such time and place as the Board of Supervisors shall prescribe.
B. 
If the Board of Supervisors shall determine that the contractor is guilty of any violation of any of the provisions of this chapter or any ordinance of Montgomery Township, the contractor's registration and license may be revoked or suspended for such period of time as shall be determined by the Board of Supervisors.
C. 
If a person is refused a registration and license, the person may, within 10 days from the date the notice of refusal is mailed, request a hearing. Said hearing must be held within 60 days from the date of the request and the Board of Supervisors must render its decision within 20 days following the hearing.
The registration of a commercial contractor and the issuance of a license pursuant to this chapter shall not authorize the commercial contractor to perform any particular type of construction activity, which is limited to qualified registration holders under other provisions of state or local law; and no other permit or approval for construction activities issued by the Township shall entitle a contractor to perform construction activities unless and until the provisions of this chapter are complied with.
A. 
Any person who shall violate any provision of this chapter or who permits the violation of any provisions of this chapter shall pay a fine of $600 plus costs and, in default of payment of said fine and costs, shall serve a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this chapter, or the failure to do any act or thing as to which any provision of this chapter creates any affirmative duty, shall constitute a violation of this chapter punishable as herein stated.
B. 
Each violation for each separate day and each violation of any provision of this chapter shall constitute a separate and distinct violation.
C. 
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Montgomery Township, pay the fine prescribed by this chapter, plus all court costs, including reasonable attorney fees, incurred by Montgomery Township.
D. 
Enforcement of this chapter shall be the responsibility of the Township Manager or Code Enforcement Officer, as appropriate, who shall follow the enforcement procedure set forth in the appropriate Montgomery Township ordinance.