Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 9-2-1975 by L.L. No. 5-1975 (Ch. 23 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 92.
Peddling and soliciting — See Ch. 197.
Wherever employed in this chapter, the following terms shall have the meanings indicated:
HOME IMPROVEMENT
Any repair, remodeling, alteration, conversion, modernization, improvement or addition to residential property; and includes, but is not limited to, alarm systems, awnings, basements, bathrooms, cabinets, carpentry, central vacuum cleaners, cesspools, dormers, driveways, extensions, exterminating, fencing, flagpoles, flooring, fumigation, garages, heating, ventilating, air conditioning, kitchens, masonry, railings, roofing, septic tanks, siding, sprinklers, storms and screens, swimming pools, tennis courts, termite control, tile installation, waterproofing and weatherproofing; but shall not include:
A. 
The construction of a new home or work done by a contractor in compliance with a guaranty of completion on new residential property.
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. 
Improvements to residences owned or controlled by any government subdivision.
D. 
The painting or decorating of residential property.
E. 
The landscaping of residential property.
F. 
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 a 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 evading this chapter or otherwise.
HOME IMPROVEMENT CONTRACT
An oral or written agreement between a home improvement contractor and an owner, for the performance of a home improvement; and includes all labor, services and materials to be furnished and performed thereunder.
HOME IMPROVEMENT CONTRACTOR
A person who conducts or engages in a home improvement business or who performs or undertakes or agrees to perform or undertake a home improvement.
OWNER
Any owner of residential property, any 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 contract or pursuant to a home improvement contract.
PERSON
An individual, firm, partnership, corporation or other entity, except:
A. 
An individual who performs labor or services for a licensed home improvement contractor for wages or salary.
B. 
A member or partner of a firm, partnership or other entity which is a licensed home improvement contractor, who performs labor or services for such licensed home improvement contractor.
C. 
A stockholder or officer of a corporation which is a licensed home improvement contractor, who performs labor or services for such licensed home improvement contractor.
D. 
A plumber, electrician, architect, professional engineer or other person who is required by state 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.
PLACE OF BUSINESS
Any shop, residence, place or premises from which a home improvement business is transacted.
RESIDENTIAL PROPERTY
One- or two-family houses and property associated therewith.
A. 
In that portion of the Village of Sag Harbor located within the Town of Southampton, no person shall engage in any home improvement business, have or maintain any place of business as a home improvement contractor, or solicit, enter into or perform any home improvement contract relating to premises situate in the Town of Southampton without first obtaining and maintaining in effect a license therefor issued in accordance with Local Law No. 1 of 1975 of the Town of Southampton and any amendments thereto.
B. 
In that portion of the Village of Sag Harbor located within the Town of East Hampton, no person shall engage in any home improvement business, have or maintain any place of business as a home improvement contractor, or solicit, enter into or perform any home improvement contract relating to premises situate in the Town of East Hampton without first obtaining and maintaining in effect a license therefor issued in accordance with Local Law No. 1 of 1975 of the Town of East Hampton and any amendments thereto.
A. 
Any person who shall conduct or engage in any home improvement business, have or maintain any place of business as a home improvement contractor, or solicit, enter into or perform any home improvement contract without having obtained the license required by this chapter or while such license has been suspended or revoked by the issuing authority shall be guilty of a violation of this chapter and, upon conviction, shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both, for each and every such violation.
B. 
Each and every home improvement contract solicited, entered into, undertaken or performed by a home improvement contractor without his having obtained or having maintained in effect a license therefor shall be deemed a separate violation of this chapter.
This chapter shall take effect September 15, 1975, and shall not apply to home improvement contracts entered into before that date.