[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.]
Wherever employed in this chapter, the following terms shall
have the meanings indicated:
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:
The construction of a new home or work done by a contractor
in compliance with a guaranty of completion on new residential property.
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.
Improvements to residences owned or controlled by any government
subdivision.
The painting or decorating of residential property.
The landscaping of residential property.
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.
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.
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.
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.
An individual, firm, partnership, corporation or other entity,
except:
An individual who performs labor or services for a licensed
home improvement contractor for wages or salary.
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.
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.
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.
Any shop, residence, place or premises from which a home
improvement business is transacted.
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.
