[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 7-19-1995 by L.L. No. 2-1995. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 220.
Pursuant to § 10 of the Municipal Home Rule Law, and
pursuant to the Village Law of the State of New York, the Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by Local Law No. 2 of 1995 this local law to include a new
chapter which shall be this Local Law No. 2 of 1995.
A.
The Village
of West Hampton Dunes is a Village duly incorporated under the laws
of the State of New York, and therefore the Trustees of the Village
are duly empowered pursuant to the Village Law and other relevant
laws of the State of New York, to license and regulate contractors,
construction, building and home improvements within the Village of
West Hampton Dunes; and
B.
It is essential
for the residents of the Village of West Hampton Dunes, their livelihood
and safety, that of their families and guests, and for the protection
of private and public property within the Village that the Village
exercise its authority over the areas of contractors, construction,
building, and home improvements, and require the licensing thereof;
and
C.
The Trustees
have determined that in order to protect and ensure these essential
requirements and the purpose thereof that it is in the interests of
the Village to regulate all building, construction, and home improvements
in the Village and require licensing of all contractors in the Village,
the Trustees have formulated and approved the regulations and requirements
thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
The repairing, remodeling, altering, addition to, modification
or construction of, or alteration to any structure, existing or new,
including but not limited to buildings, homes, or attachments or accessories
or appurtenances thereto, including but not limited to driveways,
extensions, walks, landscaping, parking areas or any other interior
or exterior areas, surfaces or structures, and the repairing, remodeling,
altering, converting or modernizing of or adding to property shall
include but not be limited to the construction, erection, replacement
or improvement of central air conditioning, awnings, bathrooms, cabinets,
carpentry, central vacuum cleaners, chimneys, decks, formers, drainage
systems, extensions, flagpoles, fumigation, heating, kitchens, masonry,
painting, railings, renovations, sprinklers, storms and screens, tennis
courts, tile installations, ventilating, water weatherproofing, driveways,
swimming pools, siding, insulation, roofing, windows, terraces, patios,
landscaping (fences, porches, and other improvements of property and
all structures or land adjacent to it). "Home improvement" shall also
mean the installation of home improvement goods or the furnishing
of home improvement services.
"Building, construction and home improvement" shall not include:
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 or materials.
The sale or installation of appliances, such as stoves, refrigerators,
freezers, room air conditioners, dishwashers or clothes washers or
dryers, which are designed for and to be removable from the premises
without material alteration thereof.
The sale or installation of decorative foods or services such
as draperies and carpets.
An agreement for the performance of home improvement between
a contractor and an owner, and where the aggregate contract price
specified in one or more home improvement contracts, including all
labor, services and materials to be furnished by the contractor, exceeds
$500. All contracts for building, construction, and home improvements
shall conform to the requirements of General Business Law § 771.
A person who conducts or engages in building, construction,
or home improvement business and who perform or undertakes or agrees
to perform or undertake a home improvement.
Goods and services which are bought or provided and/or installed
in connection with building, construction or home improvement. Such
"building, construction or home improvement goods and services" include
but are not limited to burglar alarms, texture coating, fencing, air
conditioning, and heating equipment and any other goods which, at
the time of sale or subsequently, are to be so affixed to real property
by the building, construction or home improvement contractor as to
become a part of real property whereon not severable therefrom.
A person permitted to engage in the building, construction
or home improvement business under the provisions of this chapter.
Any property or owner, cooperative shareholder owner or residential
or commercial tenant.
An individual, firm, partnership, corporation or other entity.
Any shop, residence, place or premises from which a building,
construction, or home improvement business is transacted.
A one- or two-family house or commercial structure and property
associated therewith.
No person shall conduct or engage in any building, construction
or home improvement business without first obtaining and maintaining
in effect at all times a license therefor from the Building Inspector
hereinafter provided.
No license shall be required under this chapter in the following
instances:
A.
An individual who performs labor or services for a licensed building,
construction, or home improvement contractor for wages or salary.
B.
A member or partner of a firm, partnership, or other entity which
is a licensed building, construction or home improvement contractor,
who performs labor or services for such licensed building, construction
or home improvement contractor.
C.
A stockholder or officer of a corporation which is a licensed building,
construction or home improvement contractor, who performs labor or
services for such licensed building, construction or home improvement
contractor.
D.
An architect, professional engineer or any other person who is required
by state, town or other 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.
E.
A plumber or electrician who holds a valid Suffolk County license
and who is acting exclusively within the scope of the craft for which
that person is licensed.
A fee of $75 shall be paid to the Village Clerk upon the filing
of each application for a license for the purpose of defraying expenses
incidental to the processing of said application and the enforcement
of the provisions of this chapter. A fee of $50 shall be payable upon
application for renewals and a fee of $75 for late renewal applications
received or postmarked after January 1 of each year.
A contractor shall have a certificate of insurance covering
liability and workers' compensation, if required by law, upon applying
for a building, construction or home improvement license, and shall
maintain said policies and file current certificates indicating said
coverage during the period the license is in effect. Failure to maintain
said coverage will provide grounds for revocation of the license.
A.
The issuance of a license shall create no presumption that the licensee
is in compliance with the provisions of this chapter, or that the
licensee is entitled to the license.
B.
No license issued under this chapter shall be transferred or assigned
to any person or used by any person other than the licensee to whom
it was issued.
C.
A license issued hereunder may not be construed to authorize a licensee
to perform any work or engage in any kind of business which is reserved
to qualified licensees under separate provisions of state, county
or town law.
D.
License number and proof of license must be made available for inspection
at every job site. The inability to present a valid license by a worker
at the job site shall be considered prima facie evidence of noncompliance
with this chapter, and a summons may be issued.
E.
Every licensee shall, within 10 days after a change of control in
ownership or of management or of address or of trade name, notify
the Building Inspector of such change, in writing.
Applicants for licenses or renewals thereof shall file a written,
signed and verified application with the Building Inspector. Where
the applicant is a corporation, the application shall be signed and
verified by an officer thereof. Where the applicant is a firm, partnership
or other entity, the application shall be signed and verified by a
member or partner thereof. Applications shall set forth the following
information:
A.
The name, trade name, and business address of the applicant.
B.
If the applicant is an individual, his name and residence address;
if the applicant is a corporation, the names and residence addresses
of the officers thereof; if the applicant is a firm, partnership,
or other entity, the names and residence addresses of the members
or partners thereof.
C.
Whether or not there are any outstanding liens or judgments against
the applicant.
