[HISTORY: Adopted by the Board of Supervisors
of the Township of East Goshen 3-4-1997 by Ord. No. 116. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 100.
[Amended 2-17-2009 by Ord. No. 129-A-09]
A.
No person, partnership, association, corporation or
like entity shall engage in business within the Township as a building
contractor without first having registered with the Township as hereinafter
provided.
B.
Exempt from registration are the following: public
utilities, cable television companies, persons who are required to
register with the Commonwealth of Pennsylvania as a contractor or
owner of a home improvement business, as such terms are defined in
Act 132 of 2008, the Home Improvement Consumer Protection Act,[1] a homeowner performing work on his own property and any
person installing or repairing appliances.
[1]
Editor's Note: See 73 P.S. § 517.1
et seq.
C.
Any person who is required to register with the Commonwealth
of Pennsylvania as a contractor or owner of a home improvement business,
as such terms are defined in Act 132 of 2008, the Home Improvement
Consumer Protection Act,[2] shall file with the Township a copy of his or her certificate
of registration with the Commonwealth of Pennsylvania prior to engaging
in any home improvement in the Township.
[2]
Editor's Note: See 73 P.S. § 517.1
et seq.
[Amended 2-17-2009 by Ord. No. 129-A-09]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any person engaged as a building contractor or the
following trades: carpenter, plumber, electrician, excavator, mason,
painter, building siding installer, roofer, paver, cement or concrete
contractor, general building contractor and any person engaged in
construction, alteration or repair of buildings or other structures,
road construction or building development for which a permit is required
under the applicable zoning, subdivision or building ordinances of
the Township. The term shall not include any person who owns and operates
a home improvement business or who undertakes, offers to undertake
or agrees to perform any home improvement, as such term is defined
by Act 132 of 2008, known as the Home Improvement Consumer Protection
Act.[1]
This term shall be defined in the same manner as it is defined
in Act 132 of 2008, the Home Improvement Consumer Protection Act,[2] as such Act may be amended from time to time.
A.
The initial annual fee for the registration required by § 124-1 shall be as set forth from time to time by resolution of the Board of Supervisors. Such registration shall be valid for a period of one year commencing with the date of approval of the registration, as provided for in § 124-6. The annual fee for renewal of the registration shall be due on or before the annual anniversary date of the registration approval.
[Amended 9-5-2000 by Ord. No. 129-H-00]
B.
The Supervisors of the Township, by resolution, may
adopt an amended schedule of fees, adjusting the aforementioned initial
fee.
C.
All registration
fees shall be paid upon billing from the Township but in no case later
than 30 days from the date of billing. When the 30th day from the
date of billing falls on either a weekend or a holiday on which the
Township building is closed, payments that are received before the
close of business the next business day immediately following the
30th day shall be deemed to be paid on time and no interest shall
be applied. If the registration fee is not paid within 30 days of
the date of billing, the Township shall charge and be entitled to
collect interest equal to 3/4 of 1% of the unpaid balance per month,
or fraction thereof, until paid.
[Added 7-21-2009 by Ord.
No. 129-G-09]
Any person or entity doing business as a subcontractor
will be construed as engaged in the business of building contractor
for which registration is required by this chapter.
Application for registration hereunder shall
contain the following information: name, address, names of principal
partners or officers, municipalities where other licenses/registrations
are held and shall be accompanied by a certificate evidencing coverage
under a current public liability insurance policy, with the limits
of not less than $100,000 per person, $300,000 per occurrence for
bodily injury liability and $100,000 on property damage liability.
In addition, proof of adequate insurance coverage for builders' risk
and workers' compensation must be provided.
Application for registration shall be filed
with the Zoning Officer of the Township, who shall issue or deny such
registration within five working days of the date of the receipt of
the completed application.
This chapter shall not be deemed to create any
rights or claims against the Township, its agents, servants or employees
by any person or entity who shall claim damage from any contractor
who has performed work in the Township without complying with the
provisions of this chapter.
A.
Any entity described in § 124-1 hereof who fails to register prior to the commencement of any work in East Goshen Township shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
