[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington 10-13-1987 by Ord.
No. 87-14 (Ch. 13, Part 4, of the 1995 Code of Ordinances).
Amendments noted where applicable.]
This chapter shall be known and may be cited as "The Warrington
Township Contractor Licensing Ordinance."
[Amended 2-4-1997 by Ord.
No. 97-1]
The following words and phrases, as used in this chapter, shall
have the meanings ascribed to them in this section, unless the context
clearly indicates a different meaning. The masculine includes the
feminine, the singular includes the plural, and the plural includes
the singular.
An agreement for payment other than reimbursement of costs,
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, alterations, installation, repair, demolition,
and shall include, but not be limited to, paving, concrete, signs,
alarm systems, plumbing, electrical, and any other residential or
nonresidential construction, repair, alteration, or demolition in
the Township, whether as a general contractor, subcontractor, specialty
contractor, or home improvement contractor with respect to the owner.
The Code Enforcement Officer of the Township of Warrington.
A twelve-month period beginning the first day of January
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, association,
corporation, trust or other legally recognizable entity.
The Township of Warrington.
The Enforcement Officer or his authorized representatives shall
administer and enforce the provisions of this chapter.
No person shall act as a contractor in the Township except in
compliance with the provisions of this chapter. Any person, including
an owner, who willfully aids a contractor in violating any provisions
of this chapter is in violation of this chapter. The provisions of
this chapter may not be waived by agreement.
A license issued pursuant to this chapter 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 other
provisions of state or local law.
Every person desiring to continue to engage in or hereafter
to begin to engage in the business of acting as a contractor in the
Township shall, on or before the first day of each license year, or
prior to commencing business during a 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 furnished by the
Enforcement Officer and the payment of a license fee as hereinafter
set forth in this chapter. Each application must contain information
as set forth hereafter in this chapter. Each application for a license
shall be signed by the applicant, if a natural person, and in the
case of an association or partnership, 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 license shall be in the
form of a wallet-size card and in the form of a vehicle sticker. Additional
vehicle stickers shall be available at a minimal cost set by the Township.
Every licensed contractor, while actually acting as a contractor in
the Township, shall carry on his person the said license card and
shall display it to the Enforcement Officer or his representative
upon demand. Every licensed contractor shall at all times display
the vehicle sticker license(s) on the rear of the vehicle(s) used
primarily for the activities as a contractor. All contractors'
licenses shall expire at midnight on the day immediately preceding
the beginning of each license year, unless the license is revoked
or suspended prior thereto under the terms of this chapter. A person
with an unexpired license and which has not been revoked or suspended
during the current year who makes application for a license for the
following license year need not complete an application form, but
shall only submit the required license fee, and shall advise of any
changes to the information required and set forth on the original
application. Any person carrying on the business of a contractor in
the Township shall secure a license under the terms of this chapter
in each license year during which the business is conducted in the
Township.
The provisions of this chapter shall not apply to the official
transactions of any authorized representative of:
A.
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.
B.
No contractor's license shall be required of any person when
acting in a particular capacity or particular type of transaction
as follows:
(1)
A person who performs labor or services for a contractor for wages
or salary.
(2)
A person who is required by state law to attain standards of competency
or experience, and who must obtain licensing under such state law,
as a prerequisite to engage in a craft or profession, and who is acting
exclusively within the scope of such craft or profession for which
he is currently licensed pursuant to such law.
C.
The provisions of this chapter shall not apply to the owner or tenant
of a property who performs work on the owned or leased property.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Enforcement Officer at the
time of license application. The certificate of insurance shall contain
a provision that coverages afforded under the policy shall not be
cancelled until at least 15 days' prior written notice of such
cancellation has been give to the Township. The certificate of insurance
must evidence policies of insurance, maintained at the expense of
the applicant, for public liability, bodily injury, property damage,
products liability, and completed operations each of which must have
a single occurrence limit of at least $50,000. Blasting and demolition
insurance shall also be required if blasting and demolition shall
be performed, and the reasonable limits of such insurance shall be
determined by the Enforcement Officer at the time of application,
based on the nature and extent of the applicant's proposed operations.
All types and limits of insurance for which certificates are presented
at the time of application shall be maintained throughout the license
year.
A.
At the time of application for an annual license or for the renewal
of a current license, or upon application for a limited license, the
applicant shall deliver to the Enforcement Officer a license fee,
payable to the Township. The fee shall be set forth in the Township
Fee Schedule, as the same shall be amended from time to time.
B.
The fee imposed shall be payable per license year or any portion
thereof during which any application for an annual license is received.
There shall not be a prorated reduction for an annual license fee.
In lieu of an annual license, an application may be made, and
a license issued for a particular job. This license shall expire upon
the completion of the job designated on the license application, and
shall be valid for that particular job only. The fee for a limited
license shall be as set forth in the Township Fee Schedule and the
same may be amended from time to time.
A.
When an application has been filed with the Enforcement Officer in
proper form, the Enforcement Officer shall, 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 Enforcement Officer
shall mail to the applicant, by regular mail, postage prepaid, addressed
to the applicant at the address set forth on the application, a written
statement setting forth the reasons for the denial within the aforesaid
thirty-day period.
B.
The application for a license shall be a printed form, provided to
the applicant by the Enforcement Officer, 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 this application until
he 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:
(1)
The names of owners, partners, directors and officers of the applicant,
the business address, and trade name of the applicant.
(2)
A statement as to whether or not any municipality has refused to
issue or has revoked any similar contractor's license to the
applicant within two years previous to the date of the application.
In the event there has been such a denial or revocation, the applicant
must explain in writing the reasons for such denial or revocation.
[Amended 2-21-1995 by Ord. No. 95-3]
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name
notify the Township Manager of such change.
No license shall be issued or renewed under the following circumstances:
A.
If the applicant falsely answered any question or questions contained
on the application form.
B.
If the applicant has been refused a contractor's license or
has had a contractor's license revoked or suspended by this 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 this or any other municipality was due to a willful failure to
comply with the municipality's Building, Plumbing, Electrical,
Mechanical, Fire, Zoning or Housing Code, or any other code pertaining
to construction, alteration, or repair of a building or structure.
The Enforcement Officer shall revoke any license issued under
the provisions of this chapter under the following circumstances:
A.
If the licensee falsely answered a question or questions contained
on the application for licensing or renewal of licensing previously
submitted to the Enforcement Officer.
B.
If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this chapter.
C.
If the licensee willfully violates any of the terms or provisions
of any Warrington Township Building, Plumbing, Electrical, Mechanical,
Fire, Zoning or Housing Code or any other code pertaining to construction,
alteration, and repair of structures or buildings, or any terms or
provisions of this chapter.
D.
If the licensee willfully violates any condition or requirement of
any permit issued by the Township, including building, sewer construction,
or highway permits.
E.
If the licensee conducts a contractor's business in the Township
under any name other than that under which he is licensed.
F.
If the licensee fails to comply with an order, demand, or requirement
lawfully made by the Enforcement Officer under the authority of this
chapter or any other Township ordinance, law or regulation.
In addition to all other acts prohibited by the terms of this
chapter, those acts warranting revocation of a license under this
chapter shall also be prohibited acts under this chapter.
This chapter shall not be construed as superseding or waiving
the requirements of any other ordinance or regulation of the Township
requiring the issuance of permits to plumbers, electricians, and other
contractors, which permit is required as a condition to perform work
within the Township.
[Amended 2-21-1995 by Ord. No. 95-3; 2-10-1998 by Ord. No. 98-2; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith. This chapter may be enforced initially by violation ticket (citation); see Chapter 38, Ordinance Enforcement Procedures, Article II, Tickets for Certain Offenses.
