[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 8-12-1975 as Ord. No. 925. Amendments noted where
applicable.]
GENERAL REFERENCES
Building Code — See Ch. 20.
Solicitation of business — See
Ch. 65.
Plumbing Code — See Ch. 96.
Plumbing Inspector and Board of Examiners — See
Ch. 98.
Subdivision regulations — See Ch. 123.
[Amended 6-9-1981 by Ord. No. 1049; 8-9-1988 by Ord. No. 1188]
The Board of Commissioners finds it in the best
interest of the residents of Springfield Township, Delaware County,
Pennsylvania, that persons or firms who engage in construction, repairs,
remodeling, rehabilitation or demolition, and operating as general
contractors, and including but not limited to mechanical contractors,
electrical contractors, plumbing contractors, fire prevention contractors,
specialty contractors, home improvement contractors, elevator contractors,
grading contractors, roofing contractors, painting contractors, paperhanging
contractors or tree surgeons, who may be prime contractors or subcontractors
shall be required to obtain a license from the township for such purpose,
to the end that only responsible and qualified persons shall be permitted
to engage in such business in said Township of Springfield.
No person or firm may engage in or transact
any construction, building repairs, remodeling, rehabilitation or
demolition business, or hold themselves out to the public as doing
such business or solicit such business, in the Township of Springfield,
Pennsylvania, except in compliance with the applicable provisions
of this ordinance. No person or firm may engage in this township in
any trade or practice or other act prohibited by any provision of
this ordinance, and any person or firm who willfully participates
in a prohibited act or violation is subject to the criminal penalty
therefor. The provisions of this ordinance may not be waived by agreement.
A.
A license issued pursuant to this ordinance may not
be construed to authorize the licensee to perform any particular type
of work or kind of business which is reserved to qualified licensees
under other provisions of state or local law, nor shall any license
or authority other than as issued or permitted pursuant to this ordinance
authorize engaging in construction, building repairs, remodeling,
rehabilitation, demolition or home improvement business in the Township
of Springfield.
B.
This ordinance shall not apply to the official transaction
of an authorized representative of the United States of America or
any instrumentality thereof, or of any state, the District of Columbia,
territory of the United States or any city or county thereof, or of
any instrumentality of a state or political subdivision thereof.
For the purpose of this ordinance, the following
terms shall have the meanings indicated:
Whenever the terms "Building Inspector" or "Assistant Building
Inspector" appear in this chapter, it shall be and mean the duly appointed
Code Enforcement Officer or his assistant, or deputy, of the Township
of Springfield, said terms being synonymous.
[Added 8-9-1988 by Ord. No. 1188]
An agreement, whether oral or written or 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 work, whether or not such person is licensed
or subject to the licensing requirements of this ordinance 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.
Includes an individual, partnership, corporation, trust,
association, owner, contractor, salesman or other legal entity.
A.
It is the duty of the Building Inspector or Assistant Building Inspector to administer and provide for the enforcement of all the provisions of this ordinance and specifically to issue licenses to all applicants who shall be duly qualified under and who comply with the provisions of this ordinance, and to refuse licenses to or suspend or revoke licenses issued to persons who do not so qualify or so comply. The Township Building Inspector or Assistant Building Inspector is authorized to issue licenses upon the proper application, the furnishing of a certificate of insurance as required by this ordinance, § 31-9B, and the license fee having been paid.
B.
A certificate of insurance acceptable to the Building
Inspector shall be filed with the township prior to the issuance of
a license. These certificates shall contain a provision that coverages
afforded under the policy will not be canceled until at least 15 days
prior to written notice having been given the Township of Springfield.
[Amended 7-13-1976 by Ord. No. 954; 6-9-1981 by Ord. No. 1049; 9-8-2015 by Ord. No. 1560]
No license shall be issued or become effective until the applicant pays the required fee, payable to the Township of Springfield. All contractors as provided for in § 31-1 and who are in good standing, may be issued an annual license on a calendar-year basis beginning January 1 of each year upon application and the payment of a fee in accordance with Chapter 40, Fee Schedule, of the Code of the Township of Springfield. An abatement of said fee shall be made on September 1 for the balance of the calendar year at the rate as indicated in Chapter 40, Fee Schedule.
Except as otherwise specifically exempted by
the provisions of this ordinance, no person shall act in the capacity
of general contractor, subcontractor, specialty contractor or home
improvement contractor unless authorized to do so by a subsisting
license issued in accordance with the provisions of this ordinance.
A decal, to be supplied by the Building Inspector, indicating that
the contractor is currently licensed, 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 instructions
of the Building Inspector.
No contractor's license shall be required of
any person when acting in the particular capacity or particular type
of transaction set forth in this section:
A.
An individual who performs labor or services for a
contractor for wages or salary.
B.
Any person who is required by state or local law to
attain standards of competency or experience as a prerequisite to
engaging in such craft or profession, and who is acting exclusively
within the scope of the craft or profession for which he is currently
licensed pursuant to such other law.
A.
When an application has been filed with the Building
Inspector or Assistant Building Inspector, in proper form, he must,
within a period of 30 days from the date following the date the application
is received, issue or refuse the appropriate contractor's license
to the applicant. If an application for a license is refused, the
applicant shall be sent a written statement setting forth the reason
for the refusal to grant the license.
B.
An applicant for any license required by the provisions
of this ordinance 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 owners, partners, directors
and officers of the applicant, and the business 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 ordinance.
The contractor shall take out and maintain at his own expense, during
the life of the license, public liability, property damage, products
liability and completed operations insurance. Said applicant must
provide a current certificate of insurance to the township written
for a minimum policy of $500,000 combined single limits covering said
requirements.
[Amended 8-9-1988 by Ord. No. 1188]
C.
Every contractor licensee shall within 10 days after
a change in control of ownership or management, or change of address
or trade name, notify the Building Inspector of such changes.
D.
Licenses of all contractors shall expire on September 1 following the date of issue unless prior thereto the license is revoked or suspended. Upon payment of the annual license fee, as prescribed by § 31-6, prior to the expiration date, a license shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as the Board revoked or suspended the license.
[Amended 12-9-1975 by Ord. No. 931]
For the protection of the people of this township,
no license shall be issued or continued if already issued, where:
A.
The Building Inspector shall have the power, upon
approval of the Board of Commissioners, to refuse, suspend or revoke
any licenses issued under the provisions of this ordinance where the
Building Inspector or Board of Commissioners finds that the licensee
has violated any provisions of this ordinance or is performing or
attempting to perform any act prohibited by this ordinance, or violates
the Township of Springfield Building Code, Ordinance No. 70 as amended
(Chapter 20 of the Code of the Township of Springfield).
B.
A violation of any condition of a permit shall be
cause for suspension or revocation of the license.
C.
Any violation of any of the provisions of this ordinance
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 license of the contractor unless it shall appear
to the satisfaction of the Board of Commissioners and Building Inspector
that the individuals engaged in the management of the contractor:
A.
The Board shall suspend or revoke any license or authority
to do business only after a hearing. At least 10 days prior to the
date set for the hearing, the Building Inspector shall notify the
licensee in writing of any change made, and afford said licensee 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
licensee by certified mail to the business address of such licensee
of record with the Board. The hearing on such charges shall be at
such time and place as the Board of Commissioners shall prescribe.
B.
If the Board of Commissioners shall determine that
any licensee is guilty of any violation of any of the provisions of
this ordinance, the authority of the licensee to do business may be
revoked or suspended for such period of time as shall be determined
by the Board of Commissioners.
C.
If a license is refused, the applicant may, within
10 days from the date the notice of refusal is mailed, request a hearing.
Said hearing must be held within 30 days from the date of the request,
and the Board of Commissioners must render its decision within 20
days following the hearing.
A.
The following acts are prohibited:
(1)
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 building officials of
notification of such changes.
(2)
Making any substantial misrepresentation in the procurement
of a contract, or making any false promise of character likely to
influence, persuade or induce.
(3)
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.
(4)
Preparing or accepting any mortgage, promissory note
or other evidence of indebtedness upon the obligation of a contractual
transaction with knowledge that it received a greater monetary obligation
than the consideration for the work to be performed, which consideration
may be a time-sale price.
(5)
Directly or indirectly publishing any advertisement
relating to work or services which contain an assertion, representation
or statement of fact which is false, deceptive or misleading, provided
that any advertisement which is subject to and complies with the then
existing rules, regulations or guides of the Federal Trade Commission
shall not be deemed false, deceptive or misleading; 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.
(6)
Willful or deliberate disregard and violation of the
building laws of this state or this township, or of the safety of
labor or workmen's compensation insurance laws of this state.
(7)
Doing any business with or through any person who
is subject to the licensing requirements of this ordinance with the
knowledge that such person is not licensed as required.
(8)
Misrepresentation of a material fact by an applicant
in obtaining a license.
(9)
Willful failure to notify the Board of any change
of control in ownership, management or business name or location.
(10)
Conducting a business in any name other than the one
in which the contractor or salesman is licensed.
(11)
Willful failure to comply with any order, demand or
requirement lawfully made by the Board of Commissioners under and
within the authority of this ordinance.
B.
Violations of any of the prohibitions of this section
shall:
Any person who shall knowingly and willfully
engage in building construction, repairs, remodeling, rehabilitation
or demolition without obtaining a license as required by this ordinance,
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, shall be punished by a fine not exceeding $300
for each separate violation, and in default of payment thereof be
imprisoned for a term not exceeding 30 days.
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid for any reason,
such invalidity shall not affect the other provisions or any other
application of this ordinance which can be given effect without the
invalid provisions or application; and to this end, all provisions
of this ordinance are declared to be severable.
A license issued under this ordinance does not
supersede the requirements of Chapter 65 of the Code of the Township
of Springfield pertaining to soliciting, etc., but is to be enforced
in conjunction therewith where applicable.
