Township of Tredyffrin, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Tredyffrin 2-7-1994 by Ord. No. HR-223 (Ch. XIV, Art. I, 102, of the 1979 General Laws of the Municipality of Tredyffrin); amended in its entirety 5-3-2004 by Ord. No. HR-328. Subsequent amendments noted where applicable.]
Building construction — See Ch. 80.
This chapter shall be known as the "Tredyffrin TownshipContractor Registration Ordinance."
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 singular includes the plural and the plural includes the singular.
A document issued for the construction, alteration, repair, demolition, location, maintenance or installation relating to a building, structure, elevator or equipment as required under the Uniform Construction Code.[1]
An agreement, whether oral or written and whether 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.
Any person, other than a bona fide employee of the owner, who undertakes or offers to perform construction, installation, repair, roofing, remodeling, rehabilitation, demolition and any other residential or nonresidential construction or demolition work in the Township, including electrical, mechanical and plumbing work, whether as a general contractor, specialty contractor or home improvement contractor.
The owner of the property for which construction services have been contracted.
Any individual, partnership, limited partnership, association, corporation, trust or other legally recognizable entity.
The twelve-month period beginning the first day of January of each year.
The Township of Tredyffrin.
Editor's Note: See Ch. 80, Building Construction.
The Township's Inspections Department 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 or participates with 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.
Registration approved pursuant to this chapter shall not be construed to authorize the contractor 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.
It shall be unlawful for any contractor, as defined herein, to do work for which a construction permit is required within Tredyffrin Township without first registering with the Township.
It shall be unlawful for any person other than a master plumber, or a journeyman in the employ of or under the direct supervision and control of a master plumber, to be hired by another to alter, repair, make connections with or otherwise affect any drain, sewer line, waste line, vent pipe or other connection therewith. Prior to the issuance of any permit for such plumbing work, the plumber shall submit satisfactory proof, based on education or certification by another municipality, that he or she is a bona fide master plumber or a journeyman plumber in the employ of a bone fide master plumber.
Every person desiring to engage in the business of acting as a contractor in the Township shall, prior to performing work for which a construction permit is required, apply to register as a contractor in the Township.
To register, each contractor shall complete an application furnished by the Township and pay the registration fee established by the Township Board of Supervisors. Each application must include satisfactory proof of insurance. Each application shall be signed by the applicant if a natural person, and in the ease of an association or a partnership, by a member or partner thereof, and in the case of a corporation, by an officer thereof.
Each successful applicant shall be registered and issued a wallet-sized registration card. Every registered contractor, while actually acting as a contractor in the Township, shall carry said registration card with him or her and shall display it to the Township upon request to do so.
All contractors' registrations shall expire at 12:00 midnight on December 31 of each registration year unless the registration is revoked or suspended prior thereto under the terms of this chapter.
No contractor's registration shall be required of any person when acting in a particular capacity or particular type of transaction as follows:
An employee of a registered contractor.
Homeowner, or family member of the homeowner, performing work on the house which is their primary residence.
Every applicant shall file a certificate of insurance with the Township at the time of application. The certificate of insurance shall contain a provision that coverage afforded under the policy will not be canceled until at least 25 days' prior 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 applicant, for public liability, property damage, products liability and completed operations. Each policy must have a single occurrence limit of at least $300,000. In addition to the above, 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 Township 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, and based upon which a registration card is issued, shall be maintained throughout the registration year or the registration will be suspended or revoked as hereinafter set forth in this chapter.
The annual contractor's registration fee shall be in the amount established by resolution of the Board of Supervisors and set forth in the Township Fee Schedule. There shall not be a pro-rated reduction in the registration fee, and no fee or portion thereof shall be returned.
The application for registration shall be a form provided to the applicant by the Township, 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 application is incomplete and will not be considered until completed. The application form shall be signed by the applicant.
Every contractor registered to perform work in the Township shall, within 10 days after a change in ownership, address or trade name, notify the Township of such change.
No registration shall be issued, or any registration issued under the provisions of this chapter shall be revoked, under the following circumstances:
The applicant falsely answered any question or questions contained on the application form.
The applicant has been convicted within two years prior to the date of the application for any crimes or offenses under any federal or state criminal statute or common law criminal offense or for violation of any municipal ordinance so long as such convictions were for crimes or offenses related to the applicant's work as a contractor. The term "conviction" shall include guilty pleas of nob contendere.
The registrant fails to maintain the policies of insurance required under the provisions of this chapter.
The registrant violates any of the terms or provisions of the Code of the Township of Tredyffrin.
The registrant fails to obtain a construction permit prior to the commencement of work, except in the case of an emergency.
The registrant violates any condition or requirement of a construction permit issued by the Township.
The registrant willfully deviates from or disregards any plans or specifications for any contracting job in any material respect without first obtaining the consent of the owner, in writing, to any such change and without first notifying the Township of any such change.
The registrant fails to comply with an order, demand or requirement lawfully made by the Township under the authority of this chapter or any other Township ordinance.
In addition to revocation or suspension of registration, any person who fails to correct a violation or institute a remedial action as ordered by the Township or who violates a provision or fails to comply with any requirements of this chapter or of any of the other applicable provisions of the Township Code, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not less than $100 nor more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. The fine or penalty imposed under this section shall be in addition to any registration fees imposed under this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or court. 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's failure to comply herewith 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.