[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-12-1991 by L.L. No. 1-1991]
A.
BUILDING OFFICIAL
CONTRACT
CONTRACTOR
EMPLOYEE
HOME IMPROVEMENT
(1)
(2)
(3)
(4)
LICENSE YEAR
OWNER
PERSON
VILLAGE
The following words and phrases, as used in this article,
shall have the meanings ascribed to them in this section, unless the
context indicates a different meaning:
The Building Inspector of the Village of Waverly.
An oral or written agreement between a contractor or his
duly designated agent and an owner or his agent for the performance
of a home improvement, as such term is defined herein, and includes
all labor, services and materials to be furnished or performed thereunder.
[Amended 8-27-1991 by L.L. No. 2-1991]
Any person, other than a bona fide employee of the owner,
who carries out, engages in, under-takes or holds himself out to others
as performing or available to perform one or more home improvements,
as defined herein.
[Amended 8-27-1991 by L.L. No. 2-1991]
A person who works under the direct and personal supervision
of the property owner, who does not select or provide materials or
tools.
Any repair, remodeling, alteration, conversion, modernization,
improvement or addition to residential or nonresidential property,
regardless of the zoning district in which such property may be situated,
and shall include but not be limited to any such activity with regard
to additions, alarm systems, awnings, basements, bathrooms, cabinets,
carpentry, central air conditioners or vacuum cleaners, cesspools,
construction, demolition, dormers, driveways, extensions, extermination,
fencing, flagpoles, flooring, fumigation, garages, heating, kitchens,
masonry, interior or exterior painting, pavings, railings, roofings,
septic tanks, siding, sprinklers, storm windows and screens, swimming
pools, tennis courts, termite control, tile, waterproofing, weatherproofing
and ventilation, but shall not include:
[Added 8-27-1991 by L.L. No. 2-1991]
The sale of goods by a seller who neither arranges
to perform nor performs, directly or indirectly, any work or labor
in connection with the installation or application of the goods sold.
Improvements to residences owned by or controlled
by any governmental subdivision.
Landscaping.
Interior decorating of residences.
The twelve-month period beginning the first day of January
of each year.
Any owner, lessor, tenant or user of property or any other
person who orders, contracts for or purchases the services of a home
improvement contractor, or any person entitled to the performance
of such service pursuant to a home improvement contract.
[Amended 8-27-1991 by L.L. No. 2-1991]
Any individual, partnership, limited partnership, association,
corporation, trust or other legally recognizable entity.
The Village of Waverly.
B.
The masculine includes the feminine; the singular
includes the plural, and the plural includes the singular.
The Building Official or his authorized representatives
shall administer and enforce the provisions of this article.
No person shall act as a contractor in the Village
except in compliance with the provisions of this article. Any person,
including an owner, who willfully aids a contractor or participates
with a contractor in violating any provision of this article is in
violation of this article. The provisions of this article may not
be waived by agreement.
The review board shall be the Building Committee
of the Village Board of Trustees which will hear all appeals of the
Building Official's decision to deny or revoke a permit.
[Amended 5-23-2023 by L.L. No. 3-2023]
A.
Every person or business desiring to continue to engage
in or hereafter to begin to engage in the business of contractor in
the Village shall apply for a license. Such application shall be made
by the completion of an application furnished by the Building Official
and the payment of a license fee as hereinafter set forth by the Village
Board of Trustees. Each application must contain information as set
forth hereafter in this article, and each applicant must present satisfactory
proof of insurance as set forth hereafter in the article. Each application
for a license shall be signed by the applicant, if a natural person,
and in the case of an association, partnership, corporation, or a
limited-liability company, a person authorized to sign for the entity
must sign the application. All associations, partnerships, corporations,
or limited-liability companies shall provide a copy of their organizational
documents setting forth the principles of the entity and the appropriate
proof of authority to do business in New York State.
B.
Each successful applicant shall be issued a license.
Every licensed contractor, while actually acting as a contractor in
the Village, shall carry said license card with them and shall display
it to the Building Official or his representative upon demand to do
so.
C.
All contractor licenses shall expire at 12:00 midnight
one year after the date the license was issued unless the license
is revoked or suspended prior thereto under the terms of this article.
Each year contractors must file a new application and pay the required
licensing fee.
A.
The provisions of this article 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.
B.
No contractor's license shall be required of any person
when acting in a particular capacity or particular type of transaction
as follows:
(1)
A person who performs labor or services for a contractor
for wages or salary.
(2)
A person who is required by other state or local law
to attain standards of competency or experience and who must obtain
licensing under such other state or local law as a prerequisite to
engage in a craft or profession and who is acting exclusively within
the scope of such craft or profession for which he is currently licensed
pursuant to such other law.
A.
No contractor's license shall be issued unless the
applicant files a certificate of insurance with the Village at the
time of license 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 Village. 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,
and the reasonable limits of such insurance shall be determined by
the Building Official at the time of application, based on the nature
and extent of the applicant's proposed operations.
B.
All types and limits of insurance for which certificates
are presented at the time of application, and based upon which a license
is issued, shall be maintained throughout the license year, or the
license will be suspended or revoked as hereinafter set forth in this
article.
At the time of application for a new license
or for the renewal of a current license, the applicant shall pay to
the Building Official a license application fee, payable to the Village
of Waverly, as set by resolution by the Board of Trustees.
A.
When an application has been filed with the Building
Official in proper form, the Building Official 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 license to the
applicant. If issuance of a license is denied, the Building Official
shall mail to the unsuccessful applicant a written statement setting
forth the reason or reasons for the denial within the aforesaid thirty-day
period and a refund of the application fee. The rejected applicant
shall be entitled to request a hearing from the Building Committee
of the Village Board of Trustees within 30 days to appeal the Building
Official's decision.
B.
The application for a license shall be a printed form
provided to the applicant by the Building Official, 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 applicant is not entitled to consideration of his application
until he has answered all questions. The application form shall be
signed by the applicant under oath. The questions and information
requested on the application form shall include but shall not be limited
to the following:
(1)
The names of owners, partners, directors and officers
of the applicant and the business address and trade names of the applicant.
(2)
A statement as to whether or not any municipalities
have refused to issue or have revoked any similar contractor's 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.
(3)
A waiver by the applicant that he agrees that the
information in the application shall be available to the public for
inspection.
(4)
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.
(5)
A listing of all unsatisfied civil judgments in any
jurisdiction against the applicant, if such civil judgments were on
a lawsuit in which it was alleged that the applicant failed to complete
a contract as defined in this article. 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.
Every contractor licensee shall, within 10 days
after a change in ownership, directors, officers, management, address
or trade name, notify the Building Official of such change.
A.
No license shall be issued or renewed under the following
circumstances:
(1)
If the applicant falsely answered any question or
questions contained on the application form.
(2)
If the applicant has been refused a similar contractor's
license or has had a similar contractor's license revoked or suspended
by the Village of Waverly or another municipality within two years
prior to the date of application for issuance or renewal due to failure
to comply with that municipality's building codes.
(3)
If 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 and pleas of nolo
contendere.
(4)
If any 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 article or if such judgment was entered
because of the applicant's failure to properly perform a contract
as defined in this article.
B.
The Building Official shall revoke any license issued
under the provisions of this article under the following circumstances.
The applicant who has his license revoked shall be entitled to request
a hearing from the Building Committee of the Village of Waverly within
30 days to appeal the Building Official's revocation.
(1)
If the licensee falsely answered any question or questions
contained on an application for licensing or renewal of licensing
previously submitted to the Building Official.
(2)
If the licensee fails to maintain, during the license
year, the policies of insurance required under the provisions of this
article.
(3)
If the licensee violates any of the terms or provisions
of the Village of Waverly Code or any terms or provisions of this
article or if the licensee fails to perform work in a workmanlike
manner within reasonable time for performance.
(4)
If the licensee violates any condition or requirement
of a building permit, sewer construction permit or highway permit
issued by the Village.
(5)
If the licensee willfully deviates from or disregards
any plans or specifications for any contracting job in any substantial
respect without first obtaining the consent of the owner, in writing,
to any such changes and without first notifying the Building Official
of any such changes.
(6)
If the licensee does any business through any person
who is subject to the licensing requirements of this article and who
is not licensed as required by this article.
(7)
If the licensee conducts a contractor's business in
the Village under any name other than that under which he is licensed.
(8)
If the licensee fails to comply with an order, demand
or requirement lawfully made by the Building Official under the authority
of this article or any other Village ordinance.
The Village of Waverly, by virtue of granting
a license to this contractor, does not warrant or make any representation
regarding the quality of any of the workmanship performed by said
contractor. The Village does not assume any liability for the quality
of the contractor's workmanship or lack thereof. The purpose of this
licensing requirement is to guarantee that the contractor has adequate
insurance and has not been convicted of any prior fraudulent activities.
Furthermore, the Village will not be held liable for any failure on
its part to investigate any of the facts that may be falsely stated
in any application presented by any contractor receiving a license
by the Village.
[Amended 9-23-2008 by L.L. No. 1-2008]
A.
In addition to refusal or revocation of a license
as provided under this article, any person, as defined in this article,
or any officer, agency, servant or employee thereof who shall fail,
neglect or refuse to comply with any of the terms or provisions of
this article shall, upon conviction, be sentenced to pay a fine or
penalty of:
(1)
First offense: up to $250 and/or up to 15 days in
jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
