[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 6-30-1994 by Ord. No. 1994-2. Amendments noted where applicable.]
The Board of Commissioners finds it to be in the best interest of the residents of the Township of Caln, Chester County, Pennsylvania, that persons or firms engaging in construction, repairs, remodeling, rehabilitation or demolition and acting as general contractors, mechanical contractors, plumbing contractors, electrical contractors, fire prevention contractors, specialty contractors, home improvement contractors or subcontractors shall be required to obtain a registration from the Township of Caln for such purpose, to the end that only responsible and qualified persons shall be permitted to engage in such business in the Township of Caln.
No person or firm may engage in or solicit any construction, building repairs, remodeling, rehabilitation or demolition business or hold themselves out to the public as doing such business or any such business set forth in § 67-1 hereof in the Township of Caln except in compliance with the applicable provisions of this chapter. No person or firm may engage in any trade or practice or other act prohibited by any provision of this chapter in the Township of Caln, and any person or firm who willfully participates in a prohibited act or violation of this chapter is subject to the penalties set forth herein. The provisions of this chapter may not be waived by agreement.
A registration issued pursuant to this chapter may not be construed to authorize the registrant to perform any particular type of work or engage in any type of business which is reserved for qualified licensees under provisions of state or other local law, nor shall any registration or authority other than as issued or permitted pursuant to this chapter authorize engaging in construction, building, repairs, remodeling, rehabilitation or home improvements in the Township of Caln.
A registration issued under this chapter does not supersede the requirements of any other ordinance of the Township of Caln.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Township of Caln or any other so designated by the Board of Commissioners of the Township of Caln.
- 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 hereunder.
- Any person, other than a bona fide employee of the owner, who undertakes or offers to work, whether or not such a person is registered or subject to the registration requirements of this chapter and whether or not such person is a prime contractor or subcontractor with respect to the owner.
- Any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor, subcontractor, specialty contractor or home improvement contractor, or the person entitled to the work of such, pursuant to a contract.
- Any individual, partnership, corporation, trust, association, owner, contractor, salesman or other legal entity.
- REGISTRATION YEAR
- The twelve-month period beginning the first day of each year.
- The Township of Caln, Chester County, Pennsylvania.
It is the duty of the Code Enforcement Officer or any other so designated by the Board of Commissioners of the Township of Caln to administer and provide for the enforcement of all provisions of this chapter and, specifically, to issue registration to all applicants who shall be duly qualified and who comply with the provisions of this chapter and to refuse registration or suspend or revoke registration issued to persons who do not so qualify or so comply. The Code Enforcement Officer is authorized to issue a registration upon receipt of a proper application, the furnishing of a certificate of insurance as required by this chapter and the payment of the required registration fee.
For the registration year beginning June 30, 1994, and for each registration year thereafter, 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 January of the registration year or prior to commencing business in such registration year, make application for registration to act as a contractor in the Township. Such registration shall be obtained by the completion of an application form furnished by the Code Enforcement Officer, the payment of a registration fee and satisfactory proof of insurance as set forth hereafter in this chapter. Each application for registration 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.
A decal, to be supplied by the Code Enforcement Officer, indicating that the contractor is currently registered shall be affixed to all trucks or cars used by the contractor in the course of his work in the Township. The decal shall be located on the vehicle in accordance with the instructions of the Code Enforcement Officer.
All contractors' registration shall expire at midnight on December 31 of each registration year, unless the registration is revoked or suspended prior thereto under the terms of this chapter. A person with an unexpired registration which has not been revoked or suspended during the current registration year, who makes application for registration for the following registration year, need not complete an application form if all information is current, but must only remit the required registration fee. If said contractor qualifies for registration and renewal under the terms of this chapter, his registration shall be renewed for the following registration year. Any person acting in the capacity of contractor in the Township of Caln must secure registration under the terms of this chapter for each registration year during which he carries on such business.
When an application has been filed with the Code Enforcement Officer in proper form, the Code Enforcement Officer 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 registration to the applicant. If issuance of a registration is denied, the Code Enforcement Officer shall mail to the unsuccessful applicant a written statement setting forth the reason or reasons for the denial within the aforesaid thirty-day period, along with the refund of the application fee.
The application for registration shall be a printed form provided by the Township of Caln, and the application shall require a written answer to all questions contained thereon. Failure to answer all questions on the application form shall mean the applicant is not entitled to consideration of his application for registration. The application form shall be signed by the applicant under oath. The questions and information form shall include, but not be limited to, the following:
The names of owners, partners, directors and officers of the applicant and the business address and trade names of the applicant.
A statement as to whether or not any municipalities have refused to issue or have revoked any similar contractor's registration or license of the applicant within two years previous to the date of the application. In the event that there has been such a denial or revocation, the applicant must explain in writing the reasons for such denial or revocation.
A waiver by the applicant that he agrees that the information in the application shall be available to the public for inspection.
A listing of all convictions 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 or contracts as a contractor. The term "conviction" shall include guilty pleas and pleas of nolo contendere. If any such convictions exist, the applicant shall give, in writing, the caption, court and term number of the proceeding leading to the conviction. The applicant shall also explain, in writing, the nature of the conviction.
A listing of all unsatisfied civil judgments in any jurisdiction against the applicant, if such civil judgments involved lawsuits in which it was alleged that the applicant failed to complete or improperly performed a contract as defined in this chapter. The applicant shall give, in writing, the caption, court and term number of the civil action upon which any such judgments were entered and shall explain in writing the nature of all such civil judgments.
At the time of application for a new registration, or for the renewal of a current registration, the applicant shall pay to the Code Enforcement Officer a registration application fee, payable to the Township of Caln, as adopted by resolution and amended from time to time.
No contractor's registration shall be issued unless the applicant files a certificate of insurance with the Township of Caln at the time of registration 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 written notice of such cancellation has been given to the Township of Caln. The certificate of insurance must show evidence of policies of insurance maintained at the expense of the applicant for comprehensive general liability or manufacturer's and contractor's liability, each of which must have a single occurrence and aggregate limit of at least $100,000. The contractor is also required to maintain property damage, bodily injury, products liability and completed operations insurance, each of which must have a single occurrence and aggregate limit of at least $100,000.
Blasting and demolition insurance shall also be required for blasting and demolition contractors. The reasonable limits of such insurance shall be determined by the Township of Caln at the time of the application, based on the nature and extent of the applicant's proposed operations.
Underground explosion and/or collapse insurance shall be required for excavating contractors.
All types and limits of insurance for which certificates are presented at the time of application, and based upon which a registration 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 provisions of this chapter 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.
No contractor's registration shall be required by any person when acting in a particular capacity or particular type of transaction, as follows:
A person who performs labor or services for a contractor for wages or salary.
A person who is required by other state or local law to attain standards of competency or experience and who must obtain licensing or registration under such other state or local law as a prerequisite to engaging in a craft or profession for which he is currently licensed or registered, pursuant to such other law.
Every registered contractor shall, within 10 days after a change in ownership, directors, officers, management, address or trade name, notify the Township of Caln of such change.
No registration shall be issued or renewed under the following circumstances:
If the applicant falsely answers or refuses to answer any question or questions on the application form.
If the applicant has been refused a similar contractor's registration or license or has had a similar contractor's registration or license revoked or suspended by the Township of Caln 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 the other municipality was due to failure to comply with that municipality's building codes.
If the applicant has been convicted within two years prior to the date of the application of any crimes or offenses under any federal or state criminal statute or common law offense or for violation of any municipal ordinance, so long as such conviction were for crimes or offenses related to the applicant's work as a contractor. The term "conviction" shall include guilty pleas and pleas of nolo contendere.
If an unsatisfied civil judgment against the applicant exists in any court in any jurisdiction without adequate agreement to make satisfaction, and if the record of such court shows that such judgment was entered because of the applicant's failure to complete a contract as defined in this chapter, or if such judgment was entered because of the applicant's failure to properly perform a contract as defined in this chapter.
Registration may be suspended or revoked for any one or more of the following acts or omissions:
Fraud or misrepresentation in obtaining a registration or renewal thereof.
Violation of this chapter or any other applicable code, ordinance or statute governing the work performed.
Filing of voluntary petition in bankruptcy.
Fraud or misrepresentation in obtaining or performing a contract for the performance of which registration is required under this chapter.
Unjustified failure to perform a contract for the performance of which registration is required under this chapter.
If a registered contractor does business through any person who is subject to registration requirements of this chapter and who is not registered as required by this chapter.
The following acts of a registered contractor are prohibited:
Abandonment or willful failure to perform without justification any contract or project engaged in or undertaken by a contractor or willful deviation from or disregard of plans or specifications in any material respect without obtaining the consent of the owner in writing and without providing the Township of Caln with notification of such changes.
Making any substantial misrepresentation on the procurement of a contract or making any false promise of a character likely to influence or induce the execution of such contract.
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a contractual transaction.
Preparing and/or accepting any mortgage, promissory note or other evidence of indebtedness in connection with the contractual transaction with knowledge that said indebtedness is a greater monetary obligation than the consideration for the work to be performed.
Directly or indirectly publishing any advertisement relating to work or services which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and fails to comply with the existing rules, regulations or guidelines of the Federal Trade Commission shall be deemed false, deceptive or misleading under the terms of this chapter or, by any means, advertising or purporting to offer the general public any work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation or demolition without obtaining registration as required by this chapter and who is not otherwise exempted from said licensing requirements and any person who continues in business as a contractor after revocation or during suspension of said registration shall be punished by a fine not to exceed $600 for each separate violation and, in default of payment thereof, be imprisoned for a term not to exceed 30 days.
Any person who knowingly and willfully violates any provision of this chapter, in addition to any administrative penalty otherwise applicable thereto, upon conviction thereof by a court of competent jurisdiction of this state, shall be punished by a fine not to exceed $600 for each separate violation and, in default of payment thereof, be imprisoned for a term not to exceed 30 days.
Any applicant whose application for registration has been denied or any registered contractor whose registration has been revoked or suspended under the provisions of this chapter shall be entitled to request a hearing before the Administrative Board of Appeals within 30 days of the notice of rejection or revocation to appeal the decision of the Code Enforcement Officer.