[Adopted 6-16-2015 by L.L. No. 24-2015]
This Legislature hereby finds and determines that many Suffolk
County residents have experienced property damages as a result of
fire, flooding, hurricane, storm or other hardship events. This Legislature
further finds and determines that persons who sustain damages to their
home as a result of a fire or other calamity are faced with many immediate
and pressing problems; securing and protecting their damaged property
is a fundamental concern. This Legislature determines that numerous
businesses which board up, tarp or otherwise secure damaged buildings
operate in Suffolk County free of any regulation or oversight. This
Legislature also finds that local emergency responders have expressed
concern about the business practices of some of these "board-up" businesses.
Local firefighters complain that multiple board-up businesses descend
on fire scenes; that they ignore instructions from the local fire
companies that are attempting to manage the scene; that they wear
uniforms that cause property owners to believe they are acting in
some official capacity; and that they employ high-pressure and deceptive
practices to win business from home owners. This Legislature further
finds that board-up businesses operating within Suffolk County should
be regulated to protect consumers from unconscionable and unscrupulous
business practices and to ensure that firefighters and other emergency
responders can perform their roles without unnecessary distractions
and interference. Therefore, the purpose of this article is to require
board-up businesses to register with the Department of Labor, Licensing
and Consumer Affairs and to comply with minimum consumer protection
measures.
As used in this article, the following terms shall have the
meanings indicated:
Any person, corporation, firm, proprietorship or other entity
or business organization that engages in a business that provides
board-up services.
The act of boarding up, tarping or otherwise securing a residential
building damaged by fire, flood, hurricane, storm or other emergency
event.
The Commissioner of the Department of Labor, Licensing and
Consumer Affairs.
Any false, falsely disparaging or misleading oral or written
statement, visual description, or other representation of any kind,
which has the capacity, tendency or effect of deceiving or misleading
consumers or the consuming public and is made in connection with a
contract, preparation of or performance of a work estimate or invoice
in the extension of consumer credit, or in the collection of consumer
debts. Deceptive trade practices include, but are not limited to:
The use, in any oral or written representation, of exaggeration,
innuendo or ambiguity as to a material fact.
Failure to state a material fact if such failure deceived or
tends to deceive.
Disparaging the services or business of another by false or
misleading representations of material fact.
Offering services without intent to sell them.
Making false or misleading representations of fact concerning
the reason for, existence of or amounts of price reductions, or the
price in comparison to prices of competitors or one's own price
at a past or future time.
Falsely stating that a consumer transaction involves consumer
rights, remedies or obligations.
The Department of Labor, Licensing and Consumer Affairs.
A fire marshal duly appointed by or employed by any municipality.
The Department of Fire, Rescue and Emergency Services.
A card issued to the holder of a registration, as defined
herein, or to the employees of such a holder.
A certificate or document issued to a natural person or business
by the Commissioner authorizing the holder to engage in emergency
property preservation.
Any act or practice which unfairly takes advantage of the
lack of knowledge, ability, experience or capacity of the consumer
or which results in a gross disparity between the value received by
a consumer and the price paid by the consumer. This term shall include
any acts or practices which unfairly take advantage of a sudden disaster,
such as hurricanes, tornadoes, flooding, blizzards, explosions, airplane
crashes, earthquakes, nuclear war, radiological emergencies, war,
civil unrest or disobedience, or acts of God and comparable acts which
result in gross disparity between the value received by a consumer
and the price ordinarily paid by the consumer in the absence of one
of these above occurrences. The existence of such a disaster shall
be established, for the purposes of this article, by a written declaration
either by the County Executive or a majority of the entire membership
of the County Legislature. The Commissioner shall initiate investigation
of such unconscionable trade practices immediately after any one of
the natural disasters or acts of God described above.
A.
No board-up business shall operate within the County of Suffolk unless
it has registered with the Department in accordance with the provisions
of this section. The initial application fee for registration shall
be $100. Registration shall be filed biannually for a fee of $200.
B.
Each registrant must provide the following information and appropriate
supporting documentation:
C.
No applicant for registration or renewal shall have any outstanding
judgment for child support against him or her, or be in arrears in
child-support payments as determined by official court records or
official government records, at the time an application is filed for
such registration or renewal. If an applicant has such a judgment
against him or her, or is in such arrears, but is current in payments
on a judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for registration or
renewal on the grounds of such judgment or arrears. At least 30 days
prior to the expiration of a registration, the Office shall send a
written notice to a registrant informing said registrant of his or
her obligation to comply with the provisions of this section pertaining
to compliance with child-support obligations. If necessary, a second
written notice shall be sent by the Office to a registrant 60 days
after the registration has lapsed, informing said registrant of his
or her obligation to comply with the provisions of this section pertaining
to compliance with the child-support obligations. In addition, the
County Department of Social Services, through its Child Support Enforcement
Bureau, shall notify all current noncustodial parents of the obligations
contained herein.
D.
The Department shall provide each board-up business which has complied
with registration requirements a registration certificate and an identification
card, which shall have a registration number and expiration date.
E.
Board-up businesses shall display their County registration number
on all vehicles and identification used by employees.
A.
It is unlawful for any salesman, other than the individual who subscribes
his name to the application for a board-up business registration pursuant
to the provisions of this article, to engage in any business on behalf
of a board-up business without obtaining an identification card from
the Department. A salesman shall obtain an identification card for
each registered board-up business for which he or she is engaged.
B.
The fee for an identification card or renewal thereof shall be $100
biannually for each salesman. No fee shall be charged for an application
for a salesman's identification card.
C.
No identification card shall be issued unless a valid board-up business
registration has been issued to the board-up business on whose behalf
such salesman is engaged.
B.
Any person employed by or operating a board-up business shall stay
behind fire lines established by a fire department or police department
until authorized to cross by a police officer, the chief of a fire
department or a fire marshal.
C.
Any person employed by or operating a board-up business shall comply
with orders or directives given by police, Fire Marshal, or fire department
personnel while a fire scene remains active.
The following acts are prohibited:
A.
Abandonment or willful failure to perform, without justification,
any contract engaged in by a registrant.
B.
Willful deviation from or disregard of contract specifications or
estimates in any material respect without the consent of the contracting
party.
C.
Engaging in deceptive trade practices or unconscionable trade practices
in the solicitation or procurement of a contract, or in the preparation
of or performance of a work estimate or invoice, or in the collection
of debts incurred for services.
D.
Willful failure to comply with any lawful order, demand or requirement
made by the Commissioner or the office or the local authorities having
jurisdiction over the work being performed.
A.
Home improvement contractors duly licensed by the County of Suffolk pursuant to Chapter 563 of the Suffolk County Code or similarly licensed by the jurisdiction in which the board-up services are needed or being performed shall be exempted from the registration requirements and are authorized to engage in board-up services in compliance with the requirements set forth in this article. Home improvement contractors and their employees shall utilize their license number for identification purposes when at a location where board-up services are needed or being performed.
B.
Municipal employees boarding up structures or otherwise performing
board-up services in their official capacity as part of their job
duties shall be exempted from the requirements of this article.
The Department shall maintain an online registry of the registered
board-up businesses which allows consumers to look up a business registration
status.
A.
Complaints leading to investigation and penalties may be initiated
by a consumer or any municipal entity which is present at locations
where board-up services are needed or being performed. Any submission
to the Department from a municipal entity indicating that a citation
was issued to a board-up business or its agents for violation of this
article shall be deemed sufficient for the opening of a complaint.
B.
Complaints shall be filed with the Department and FRES. The Department
and FRES shall notify one another upon receipt of a complaint to ensure
appropriate communication.
A.
Any board-up business which violates any of the provisions of this
article shall be subject to a civil penalty of no less than $500 nor
more than $1,000 for each violation. Each action in violation of this
article shall constitute a separate and distinct violation.
B.
The Department is hereby empowered to revoke or deny a registration
certificate to any board-up business which fails to file all required
information, files falsified information or is found responsible for
more than three violations during any registration period of two years.
Any board-up business whose registration is revoked or denied may
reapply after a period of two years.
C.
Any civil penalty, revocation or denial of registration may only
be assessed by the Commissioner following a hearing and opportunity
for an alleged violator to be heard.
D.
In addition to any civil penalties imposed by the Commissioner pursuant
to this article, any person who shall conduct a board-up business
requiring registration under this article without obtaining the registration
therefor or who shall continue to engage in such business after having
a registration revoked or denied shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine of not more than
$5,000 or imprisonment for up to one year, or both. Each such violation
shall be deemed a separate offense.
This article shall be enforced by the Department of Labor, Licensing
and Consumer Affairs.
The Commissioner of the Department of Labor, Licensing and Consumer
Affairs is hereby authorized and empowered to issue and promulgate
such rules and regulations as he or she may deem necessary for the
implementation and enforcement of this article.
This article shall apply to all board-up businesses operating
in Suffolk County on or after the effective date of this article.
