PRIOR PRINTER'S NOS. 1617, 3114 PRINTER'S NO. 3389
No. 1392 Session of 1991
INTRODUCED BY LAUGHLIN, TIGUE, S. H. SMITH, KOSINSKI, STEIGHNER,
J. TAYLOR, PRESTON, BELFANTI, STABACK, JAROLIN, VEON, THOMAS,
TRELLO, CAPPABIANCA, JOSEPHS, PISTELLA, ITKIN, MELIO,
BELARDI, STURLA, BILLOW, PETRONE, MICHLOVIC, GIGLIOTTI,
RICHARDSON AND RITTER, MAY 14, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 1, 1992
AN ACT
1 Requiring certain insurance information to be supplied by
2 certain applicants for municipal building permits; and
3 providing for certain waivers and for insurance cancellation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Municipality." A county, city, borough, incorporated town
11 or township, regardless of the form of government.
12 Section 2. Content of building permits.
13 Every building permit issued by a municipality to a
14 contractor shall clearly set forth the name and policy number of
15 the contractor's workers' compensation insurance policy and the
16 contractor's Employer Identification Number. This information
1 shall be in addition to any information required by municipal
2 ordinance.
3 Section 3. Sole proprietorship.
4 Every building permit issued to a contractor who is a sole
5 proprietor or principal shareholder of a corporation, which does
6 not employ other individuals to perform the work pursuant to the
7 building permit, shall clearly set forth the contractor's
8 Employer Identification Number but shall not include the name
9 and policy number of workers' compensation insurance as stated
10 in section 2. If the contractor has not obtained an Employer
11 Identification Number, the building permit shall clearly set
12 forth the contractor's Social Security number. No municipality
13 shall issue a building permit to a contractor as described in
14 this section unless the contractor presents a notarized
15 statement that he does not employ any employees.
16 Section 4. Property owners.
17 Every building permit issued to a property owner performing
18 work on his own property shall contain a provision which shall
19 be signed by the property owner, stating that the property owner
20 understands his related liability in performing his own work,
21 and his liability in hiring an uninsured contractor and that he
22 waives all right to claims against the municipality.
23 Section 5. Insurance certificate.
24 (a) Municipality as holder.--Every municipality issuing a
25 building permit shall be named as a workers' compensation policy
26 certificate holder of a contractor applying for the building
27 permit. This certificate shall be filed with the municipality's
28 copy of the building permit.
29 (b) Cancellation of insurance.--A municipality may issue a
30 stopwork order to a contractor who is performing work pursuant
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1 to a building permit, in the event his workers' compensation
2 insurance is canceled.
3 Section 6. Liability of municipality. <--
4 Nothing in this act shall be the basis of any liability on
5 the part of a municipality.
6 SECTION 6. IMMUNITY. <--
7 (A) WORKERS' COMPENSATION.--A MUNICIPALITY SHALL NOT BE
8 LIABLE FOR THE PAYMENT OF WORKERS' COMPENSATION BENEFITS AS A
9 RESULT OF FAILURE OF A CONTRACTOR TO MAINTAIN WORKERS'
10 COMPENSATION COVERAGE AS REQUIRED BY LAW.
11 (B) STOPWORK ORDERS.--IF A MUNICIPALITY ISSUES A STOPWORK
12 ORDER UNDER THIS ACT, THERE SHALL BE NO LIABILITY FOR DAMAGES.
13 SECTION 7. EXEMPTION.
14 IF A PERSON IS UNABLE TO COMPLY WITH A PROVISION OF THIS ACT
15 BECAUSE SUCH COMPLIANCE WOULD CONFLICT WITH THE TENETS AND
16 PRACTICES OF HIS CHURCH OR RELIGIOUS DENOMINATION, THE PERSON
17 SHALL BE EXEMPT FROM THAT PROVISION.
18 Section 7 8. Effective date. <--
19 This act shall take effect in 60 days.
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