As used in this chapter, the following terms shall have the
meanings indicated:
The Construction and Home Improvement Advisory Board.
[Amended 5-25-1993, effective 6-7-1993]
The Commissioner of Permit and Inspection Services or his
deputy.
[Added 12-9-2003, effective 12-19-2003]
An individual employed to oversee and direct the construction
elements of a project, usually the whole of the construction elements,
and the parties who are to perform them; a company which contracts
with an owner to perform such services for a fee.
[Added 5-25-1993, effective 6-7-1993]
Any person other than a bona fide employee of the owner,
whose particular occupation is the ownership or operation of a construction
or home-improvement business or who solicits for any work or contract
to perform any construction or home-improvement work, as defined herein,
as a prime contractor. Manufacturers are considered to be contractors
if engaged in on-site construction, alteration or repair.[1]
[Amended 5-25-1993, effective 6-7-1993]
An office, shop or place where a construction or home-improvement
business is located.
One who, in addition to those tasks enumerated in the definitions
of "handyman," "home-improvement contractor," "light commercial contractor"
and "new housing contractor," also is engaged in the construction
of any structure built, being built or to be built for support, shelter
or enclosure, including but not limited to bridges or additions to
the same.
[Amended 5-25-1993, effective 6-7-1993]
One who performs as a business or occupation, on a full-
or part-time basis, normal maintenance and minor repairs, in residential,
commercial or mixed structures. It shall include all minor interior
and exterior repair, including but not limited to wall coverings;
painting, both interior and exterior; installation or repair of windows;
door and screen installation, replacement and repair; gutters and
drainspouts; plaster and masonry; one who, in addition to those tasks
enumerated in the definition of "handyman," also performs improvements
as a maintenance man (self-employed) on multiple dwellings. This category
does not include roofing, siding, garage construction or large renovations
which industry standards dictate be completed by two or more people
(no partnership; limited to one person only).
[Amended 5-25-1993, effective 6-7-1993]
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, installation or
improvement of driveways, swimming pools, terraces, patios, fences,
porches, garages, basements and other improvements of the structures
which are adjacent to a dwelling house. It shall include all interior
and exterior repair; floors; wall coverings; painting, both interior
and exterior; insulation; drywall; roofing; siding; windows; door
and screen installation, replacement and repair; gutters and drainspouts;
plaster and masonry; handicapped ramp installation; waterproofing;
and general carpentry; to also include work on new housing within
the scope of "home improvement."
[Amended 5-25-1993, effective 6-7-1993]
An agreement, oral or written, between a contractor and owner,
for the performance of home improvements, and includes all labor,
services and materials to be furnished thereunder.
One who, in addition to those tasks enumerated in the definition
of "handyman" and "home improvement," also performs improvements and/or
additions to one- and two-family residential structures or accessory
structures, which additions are limited to an area less than 1,000
square feet, not including basement area. A home improvement contractor
is a contractor licensed under this chapter who is engaged in the
business of home improvement either on a full-time or part-time basis
(partnerships included).
[Amended 5-25-1993, effective 6-7-1993]
A contractor permitted to engage in the construction or home-improvement
business under the provisions of this chapter.
Those contractors whose operations as such are the performance
of light construction on commercial structures whose work does not
require special skill or use of specialized building trades or crafts.
[Added 5-25-1993, effective 6-7-1993]
One who, in addition to those tasks enumerated in the definition
of "handyman and "home improvement contractor," performs as a business
or occupation, on a full-time or part-time basis, commercial construction
or residential work.
[Added 5-25-1993, effective 6-7-1993]
One who, in addition to those tasks enumerated in the definitions
of "handyman," "home-improvement contractor" and "light commercial
contractor," also is engaged in the construction of new structures
and accessory structures or who constructs additions to residential
structures, which additions equal an area of 1,000 square feet or
greater.
[Amended 5-25-1993, effective 6-7-1993]
Any homeowner, tenant, lessee or any other person who orders,
contracts for or hires the services of a contractor or the person
entitled to the performance of the work of the contractor pursuant
to any construction or home-improvement contract.
An individual, partnership, firm or corporation.
A person affiliated with or employed by a contractor licensed
under the provisions of this chapter. When the affiliation or employment
by a licensed contractor of said salesman has been approved by the
Commissioner of Permit and Inspection Services, said salesman shall
be given a license allowing him to be affiliated with or employed
by and write any contract as the representative of said contractor
licensed under the provisions of this chapter. It is further provided
that the contractor licensed under this chapter shall have the responsibility
of applying for and having approved a license for each salesman employed
by him.
[Amended 12-9-2003, effective 12-19-2003]
A specialty contractor is a contractor whose operations as
such are the performance of construction work requiring special skill
and whose principal contracting business involves the use of specialized
building trades or crafts. A specialty contractor's operations
are concerned with concrete (flat work, also may include foundation),
foundations, drywall (portions and ceilings), earthwork and paving,
fencing, flooring and floor covering, glazing, insulation and acoustical,
masonry, painting and decorating, plastering, roofing, tile (ceramic
and mosaic), ceilings (acoustic), wall coverings, carpentry (rough
and finish), waterproofing, windows and doors, installation of swimming
pools, cabinet and mill work, sheet metal, steel-reinforcing, steel-structural
sprinkler systems and lead-based paint abatement and asbestos abatement.
[Added 5-25-1993, effective 6-7-1993; amended 10-15-1996, effective 10-25-1996]
One who, in addition to those tasks enumerated in the definition
of "handyman" and "home improvement contractor," performs as a business
or occupation, on a full-time or part-time basis, commercial construction
or residential work.
[Added 5-25-1993, effective 6-7-1993]
A contractor who contracts directly with the prime contractor.
"Prime contractor" shall mean the contractor who contracts directly
with the awarding authority. A subcontractor is not permitted to obtain
permits in his own name or his company name.
[Added 5-25-1993, effective 6-7-1993]
[1]
Editor's Note: The definition of "Director," which immediately
followed this definition, was repealed 12-9-2003, effective 12-19-2003.
See now the definition of "Commissioner."
A.
License required.
(1)
On and after July 1, 1989, no person shall own, operate, conduct,
manage or engage in a construction or home-improvement business or
any activity enumerated in this chapter unless a license has been
issued as is herein prescribed and the licensee, if one or more individuals,
is over 21 years of age on the date of issuance. On and after July
1, 1989, no person shall be affiliated with, employed by or write
any contract as the representative of any construction or home-improvement
contractor licensed under the provisions of this chapter unless he
also has been issued a license as a salesman affiliated with or employed
by said duly licensed contractor; provided, further, that any salesman
so licensed under this chapter shall only be qualified to be licensed
under one contractor at any given time and provided, further, that
any salesman's license issued hereunder shall be retained by
the contractor and returned to the Commissioner of Permit and Inspection
Services when such affiliation or employment is terminated.
[Amended 12-9-2003, effective 12-19-2003]
(2)
Any violation of this subsection shall be deemed to be the commission
of an unclassified misdemeanor and shall be punishable by a fine or
penalty of not more than $1,000 or by imprisonment for not more than
60 days, or by both such fine and imprisonment, for each such offense.
B.
No construction or home-improvement license under this chapter shall
be issued to any contractor unless he operates the business from a
bona fide office, workroom, shop or establishment at a definite location.
C.
A license issued pursuant to this chapter shall not be construed
to authorize the licensee to perform any particular type of work or
operate and conduct a business which is reserved to licensees qualified
under separate licensing provisions of state or local law, nor shall
any license other than that issued pursuant to this chapter permit
any person to engage in the home-improvement contracting business.
D.
Exceptions. No license under this chapter shall be required of any
person when acting in the particular capacity or particular type of
transaction set forth in this subsection:
(1)
An individual who performs labor or services for a contractor for
wages or salary.
(2)
A plumber, electrician, architect, professional engineer or any other
such person who is licensed or registered by state or local law to
attain standards of competency or experience as a prerequisite to
engaging in such craft or profession for which he is currently licensed
pursuant to such other law.
(3)
Any retail Clerk, clerical or administrative employee of the construction
or home-improvement contractor.
This chapter shall not apply to or affect the validity of a
home-improvement contract otherwise within the purview of this chapter
which was made prior to the effective date of this chapter.
[Amended 5-25-1993, effective 6-7-1993; 6-14-1994, effective 6-23-1994; 12-9-2003, effective 12-19-2003]
Any person desiring to engage in any activity enumerated in § 144-1 of this chapter shall make application for a license to the Commissioner of Permit and Inspection Services on a form prescribed by him. The application shall be signed and verified under oath by the applicant, if an individual, and by a duly authorized agent if a partnership, or by a duly authorized officer of a corporation. The application shall contain the following information:
A.
If a person, the name, residence and business address of the applicant.
B.
If a partnership, the name, residence and business address of each
partner.
C.
If a domestic corporation, the name and business address of the corporation;
the name and residence address of the principal officer of the corporation;
if a foreign corporation, the date it was authorized to do business
in the State of New York, together with the names of the particular
officers and local agents and their residence and business addresses.
D.
The number of years the applicant has engaged in the business for
which he is seeking a license.
E.
The specific type of business or work performed by the applicant,
and the particular type of license requested.
F.
The approximate number of persons to be employed by the applicant.
G.
Satisfactory evidence that employees of the applicant are covered
by workmen's compensation or by exemption certificate.
H.
Satisfactory evidence that the applicant is covered by general liability,
personal injury and property damage insurance.
I.
A statement of credit references of suppliers of home-improvement
materials.
J.
Sample copy of your contract.
K.
Experience questionnaire.
L.
Any liens, judgments or complaints that are outstanding.
M.
In the case of applications for and renewals of new housing contractor
licenses, a copy of the express, limited and other warranties which
shall be given to all new home buyers by the applicant.
N.
Such other information as the Director of Licenses may require.
[Amended 12-9-2003, effective 12-19-2003]
The applications, when completed by the applicant and approved as to form and contents by the Commissioner of Permit and Inspection Services, shall be forwarded by him to the Advisory Board herein created for its action thereon under the powers granted to the Board in § 144-6 hereof.
[Amended 5-25-1993, effective 6-7-1993]
A.
Board. The Mayor shall appoint a Construction and Home Improvement
Advisory Board consisting of 11 members, one of whom shall be the
Commissioner of Permit and Inspection Services. The Commissioner of
Permit and Inspection Services or his assistant shall act as Chairman
of the Board. Each member of the Board shall serve for a term of three
years; all of whom shall serve without compensation.
[Amended 10-31-1995, effective 11-13-1995; 12-9-2003, effective 12-19-2003]
B.
Qualifications. Six members of the Board shall have had at least
five years of experience in the general construction and home-improvement
contracting business. Six members shall be persons possessing qualifications
satisfactory to the Mayor.
[Amended 10-31-1995, effective 11-13-1995]
C.
Powers and duties. The Board shall:
(1)
Advise, consult with and recommend to the Mayor and the Common Council
all matters concerning practices in the construction and home-improvement
industry, administration of this chapter and any amendments thereto,
which it may deem necessary and advisable.
(2)
Advise and inform the public concerning any practice in connection
with construction and home improvements which it may consider harmful
to homeowners.
(3)
Examine and determine the fitness and qualifications of applicants
for licenses, using as criteria therefor the information contained
in the application and such other or additional proof attached thereto,
together with such proof or evidence as the Board may acquire by its
own study, examination or investigation, and, thereafter, in its certification,
recommend to the Commissioner of Permit and Inspection Services whether
or not a license shall be issued to the applicant. If the issuance
of a license is recommended, the Board shall certify the particular
knowledge, training, experience and skill possessed by the applicant
to do all construction or home-improvement work or, in the alternative,
do specified work in a particular craft or skill and that a license
shall issue accordingly.
[Amended 12-9-2003, effective 12-19-2003]
(4)
Grant, upon written request accompanying the application of the applicant,
a hearing on said application or, if the application is denied without
a hearing being requested, grant a hearing on said denial, provided
that said hearing is demanded in writing within 15 days after denial
of the application by the Board.
(5)
Hear and determine any and all matters relating to the revocation
or suspension of licenses and certify its findings to the Commissioner
of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
(6)
Adopt such rules and regulations as may be necessary to carry out
the purposes of this chapter and for the conduct of its duties.
[Amended 12-9-2003, effective 12-19-2003]
A.
The Commissioner of Permit and Inspection Services, as recommended
by the Board in its certification, is to issue or deny the application
for a license; any application so approved shall be issued by the
Commissioner of Permit and Inspection Services upon payment to him
of the fee required by this chapter.
B.
Any salesman's license issued hereunder shall be accompanied
by an identification card issued by the Commissioner of Permit and
Inspection Services, bearing the applicant's picture and indicating
the contractor with whom he is affiliated or employed.
A.
All licenses shall expire each year on the 30th day of September.
B.
Each license issued shall be posted in a conspicuous place in the
licensee's establishment.
C.
Upon the issuance of such license, the holder must conspicuously
display in clear and legible letters at least four inches in height
on both doors of all his vehicles the business name, business location
and telephone number.
D.
Any license which has not been suspended, revoked or has outstanding
complaints may, upon the payment of a fee prescribed by this section,
be renewed for an additional period of one year from its expiration,
upon filing of an application for renewal on a form to be prescribed
by the Commissioner.
[Amended 12-9-2003, effective 12-19-2003]
E.
A duplicate license may be issued for a lost, destroyed or mutilated
license upon application therefor to the Commissioner of Permit and
Inspection Services upon payment of the fee prescribed therefor by
this section.
[Amended 12-9-2003, effective 12-19-2003]
F.
No license shall be assignable or transferable.
[Amended 5-25-1993, effective 6-7-1993; 12-9-2003, effective 12-19-2003]
A license issued pursuant to this chapter may be suspended or
revoked by the Commissioner of Permit and Inspection Services upon
certification of the Board for any one or more of the following reasons:
A.
Fraud, misrepresentation or bribery in securing a license.
B.
Any false statement as to a material matter in the application.
C.
The conduct of the business of the licensed contractor has been marked
by a practice of failure to perform his contracts or the manipulation
of contract deposits, assets or accounts or lack of good faith in
dealing with owners.
D.
Violation of any provision of this chapter.
E.
Willful violation of the health laws of the County of Erie or failure
to secure all proper permits or failure to comply with the ordinances
of the City of Buffalo.
F.
Failure to notify the Commissioner of Permit and Inspection Services
of any change or control in the ownership, management or business
name or location of the home-improvement business.
G.
Abandonment or willful failure to perform, without justification,
any contract or project engaged in or undertaken by a licensee, or
willful deviation from or disregard of plans or specifications in
any material respect without consent of the owner.
H.
Making any substantial misrepresentation in the procurement of a
contract, or making any false promise likely to influence, persuade
or induce such contract.
I.
Any fraud in the execution or in the material alteration of any contract,
mortgage, promissory note or other document incident to a construction
or home-improvement transaction.
J.
Preparing or accepting any mortgage, promissory note or other evidence
of indebtedness upon the obligations of a construction or home-improvement
transaction with the knowledge that it recites a greater monetary
obligation than the agreed consideration for the work.
K.
Work or installation commenced prior to the issuance of the required
license.
L.
Work or installation commenced prior to the issuance of the required
permit. After three infractions, your license is revoked.
No license shall be suspended or revoked until after a hearing
before the Board upon at least five days' notice to the licensee
of at the last known address appearing on the license. The notice
shall be served personally or by registered mail and shall state the
date, hour and place of the hearing. The notice shall set forth a
brief statement of facts constituting the grounds for the charges
against the licensee. The licensee may appear in person or by counsel
and may produce witnesses in his behalf. A record of the hearing shall
be taken. The Director shall, upon the determination and certification
of the Board, suspend or revoke the license or dismiss the proceedings.
