This chapter shall be titled Home Improvement Contractors.
It is the intent of this chapter to establish licensing and
standards for home improvement contractors in the Town of Shelter
Island.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING INSPECTOR
The Building and Zoning Administrator of the Town of Shelter
Island or any duly appointed Building Inspector or Code Enforcement
Officer of the Town of Shelter Island.
BUSINESS
Includes occupation, profession, trade, craft or any other
calling for hire.
CONSUMER
An individual who buys or leases or agrees to buy or lease
consumer goods or services or credit, including a coguarantor or surety.
CONTRACT
An oral or written agreement contained in one or more documents
for the performance of work and includes all labor, goods and services.
ENGAGE
The undertaking, offering to undertake, solicitation or agreement
to perform a contract.
HOME IMPROVEMENT
[Per NY Business Law Article 36-A Section 770(3)] The repairing,
remodeling, altering, converting, or modernizing of, or adding to,
residential property and shall include, but not be limited to, the
construction, erection, replacement, or improvement of driveways,
swimming pools, siding, insulation, roofing, windows, terraces, patios,
landscaping, fences, porches, garages, solar energy systems, flooring,
basements, and other improvements of the residential property and
all structures or land adjacent to it. "Home improvement" shall also
mean the construction of a custom home, the installation of home improvement
goods, the furnishing of home improvement services or the provision
of landscaping services. "Home improvement" shall not include:
A.
The sale or construction of a new home, other than a custom
home as defined in this section;
B.
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;
C.
The sale or installation of appliances, such as stoves, refrigerators,
freezers, room air conditioners, dishwashers, clothes washers or dryers,
which are designed to be removable from the premises without material
alteration thereof;
D.
The sale or installation of decorative goods or services, such
as draperies and carpets; or
E.
The performance of repairs, replacements, or other services
pursuant to an express or implied warranty, or a maintenance agreement
as defined in § 395-a of the New York State General Business
Law.
F.
An owner that performs his or her own home improvement work.
HOME IMPROVEMENT CONTRACT
[Per NY Business Law Article 36-A Section 770(6)] An oral
or written agreement for the performance of home improvement, between
a home improvement 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
home improvement contractor, exceeds $500.
HOME IMPROVEMENT CONTRACTOR
[Per NY Business Law Article 36-A Section 770(5)] A person,
firm or corporation which owns or operates a home improvement business
or who undertakes, offers to undertake or agrees to perform any home
improvement for a fee and for whom the total cash price of all of
his home improvement contracts with all his customers exceeds $1,500
during any period of 12 consecutive months. Home improvement contractor
does not include a person, firm, corporation, landlord, cooperative
corporation, condominium board of managers, joint tenant or cotenant
that owns, in whole or in part, the property to be improved.
LICENSEE
A person permitted to engage in the home improvement business
under the provisions of this chapter.
OWNER
Any owner of residential property, tenant or any other person
who orders, contracts for or purchases the services of a home improvement
contractor, or the person entitled to performance of the work of a
home improvement contractor pursuant to a home improvement contract.
PERSON
(Per in § 37 of the General Construction Law of
the State of New York) An individual, firm, partnership, corporation
or other entity.
PLACE OF BUSINESS
Any shop, residence, place or premises from which a home
improvement business is transacted.
No person shall conduct or engage in any home improvement business
without first obtaining and maintaining in effect at all times a license
therefor from the Building Inspector, as hereinafter provided.
No license shall be required under this chapter in the following
instances:
A. An individual who performs labor or services for a home improvement
contractor licensed under this chapter for wages or salary.
B. A member or partner of a firm, partnership or other entity which
is a licensed home improvement contractor under this chapter, who
performs labor or services for such licensed home improvement contractor.
C. A stockholder or officer of a corporation which is a home improvement
contractor licensed under this chapter, who performs labor or services
for such licensed home improvement contractor.
D. A plumber, electrician, architect, professional engineer or any other
person who is required by state or Town 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. Any home improvement where the aggregate contract price for all labor,
materials and other items is less than $500. This exclusion does not
apply where the work is only part of a larger or major operation,
whether undertaken by the same or different home improvement contractor,
or in which a division of the operation is made in contracts of amounts
less than $500 for the purpose of evasion of this chapter or otherwise.
F. Employees of any federal, state or local government, or any agencies
thereof, or of a state or local authority, as that term is defined
in § 2 of the New York Public Authorities Law and specifically
to include the Shelter Island Highway Department and Department of
Public Works, provided that such employees are performing the work
on behalf of a government entity or public authority. This exemption
shall not apply to any work performed by a person, as that term is
defined in this article, who is not an employee of any federal, state
or local government or any agencies thereof or of a public authority
even if such work is performed on behalf of or pursuant to an agreement
with a governmental entity or public authority.
G. Employees of and on behalf of any gas or electric corporation, waterworks
corporation or telegraph and telephone corporation, provided that
such employees are performing the work on behalf of a gas or electric
corporation, waterworks corporation or telegraph and telephone corporation.
This exemption shall not apply to any work performed by a person,
as that term is defined in this article, who is not an employee of
a gas or electric corporation, waterworks corporation or telegraph
or telephone corporation, even if such work is performed on behalf
of or pursuant to an agreement with a gas or electric corporation,
waterworks corporation or telegraph and telephone corporation.
H. Maintenance work by bona fide employees in an industrial, commercial,
institutional or other such establishment within the building or property
limits of the employer unless provided otherwise pursuant to this
chapter or regulations promulgated hereunder.
I. An architect, professional engineer or any other person who is required
by state or local law to attain standards of competency or experience
as a prerequisite to engaging in such profession and who is acting
exclusively within the scope of the profession for which he is currently
licensed pursuant to such other law. Issuance of a certificate of
competency by any other federal, state or municipal agency shall not
constitute a license issuance and all such contractors holding such
certificates shall be subject to this article.
J. A contractor engaged in the field of home maintenance or decorating.
K. Any retail clerk, clerical, administrative or other employee of a
licensed home improvement contractor who transacts business from an
establishment.
All licenses shall be valid for a period of one year from the
date of issuance thereof. Subsequent renewals shall be for periods
of one year.
Licenses must be renewed annually at least one month prior to
the expiration of the existing license. Upon renewal, an applicant
must submit proof that they remain in compliance with requirements
of this chapter and that they are not otherwise in violation of any
provision herein and that they have completed all required training.
After the filing of an application for a license or renewal
thereof and payment of the required fee, the Building Inspector shall
examine the application and make such investigation as he deems necessary
or advisable. Upon completion of same, the Building Inspector shall
issue a license unless he finds that the applicant is unfit or undesirable
to carry on such home improvement business or is incapable of properly
conducting such home improvement business, in which event he shall
deny the license.