As used in this article, the following terms shall have the
meanings indicated:
CONTRACTOR
Any person, other than a bona fide employee of the owner,
who owns or operates a home improvement business or who undertakes
or offers to undertake or agrees to perform any home improvement,
whether or not such person is licensed or subject to licensing requirement
of this article and whether or not such person is a prime contractor
or subcontractor with respect to the owner.
DIRECTOR
The Director of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
HOME IMPROVEMENT
The repair, replacement, remodeling, alteration, conversion,
modernization, improvement or addition to any land or building, or
that portion thereof which is used or designed to be used as a private
residence or dwelling place for not more than three families; and
shall include but not be limited to the installation, construction,
replacement or improvement of the driveways, swimming pools, porches,
garages, fallout shelters, central heating or air-conditioning system,
central vacuum cleaning system, storm windows, awnings or fire or
burglar alarms and other improvements to structures or upon land which
is adjacent to a dwelling house. "Home improvement" shall not include
the construction of a new home, building or work done by a contractor
in compliance with a guaranty of completion of a new building project;
or the sale of goods or material by a seller who neither arranges
to perform nor performs directly or indirectly any work or labor in
connection with the installation of or application of the goods or
materials; or painting or decorating of residences owned by the state
or any municipal subdivision thereof.
[Amended 6-14-2016 by
G.O. No. 8-2016; 6-28-2016 by
G.O. No. 14-2016; 4-10-2018 by
G.O. No. 4-2018]
HOME IMPROVEMENT CONTRACT
An agreement between a contractor and an owner for the performance
of a home improvement, and includes all labor, services and materials
to be furnished and performed thereunder.
LANDSCAPER
Any person or company that performs the following landscaping
or gardening functions referred to herein including but not limited
to the cutting and maintenance of grass, the trimming, pruning, planting
and maintenance of shrubs, plants, trees and other foliage, the application
of chemicals and fertilizers in connection with the activities listed
herein, and the removal of trees and/or tree stumps. A person who
engages in such landscaping or gardening functions or activities shall
hereinafter be referred to as a "landscaper" and shall be considered
a contractor as defined in this article. In addition, any such work
performed shall be considered as home improvement work as defined
in this article, and the performance of said work shall qualify as
a home improvement contract as defined in this article.
[Added 4-13-2010 by G.O. 2-2010]
LICENSEE
A person permitted to engage in the home improvement business
under the provisions of this article.
OWNER
Any homeowner, tenant or any other person who orders, contracts
for or the person entitled to the performance of the work of a contractor
pursuant to a home improvement contract.
PERSON
An individual, firm, partnership, association or corporation.
[Amended 6-14-2016 by
G.O. No. 8-2016; 6-28-2016 by
G.O. No. 14-2016;4-10-2018 by
G.O. No. 4-2018]
No person shall own, maintain, conduct, operate, engage in or
transact a home improvement business after the effective date of this
article or any amendment thereto, or solicit home improvement contracts
or represent to any other person as being able to do so, after such
date, unless such person is licensed therefor pursuant to this article.
[Amended 8-12-2004 by G.O. No. 5-2004]
A. The fee for a license to conduct a home improvement business shall
be $400, and for each renewal thereof, the fee shall be $400.
[Amended 6-1-2017 by
G.O. No. 8-2017]
B. The fee for issuing each supplementary or duplicate license for one
lost, destroyed or mutilated shall be $25.
[Amended 6-14-2016 by
G.O. No. 11-2016]
C. The fees hereinabove set forth shall be those for licenses issued
for the license period of two years.
D. The Director shall refund the fee paid by any applicant in the event
that the application for a license is denied or the applicant for
the license has predeceased its service prior to its issuance. Such
refunds shall, upon approval by the Director and after audit, be paid
from any moneys received pursuant to this article.
E. Licenses of all contractors shall expire two years from the date
of issuance unless the license is renewed after the original license
has expired.
[Amended 6-14-2016 by
G.O. No. 11-2016]
In addition to the powers and the duties elsewhere prescribed
in this article, the Director shall have power to:
A. Examine into the qualifications and fitness of applicants for licenses
under this article.
B. Keep records of all licenses issued, suspended or revoked.
C. Adopt such rules and regulations not inconsistent with the provisions
of this article as may be necessary with respect to the form and content
of applications for licenses, the reception thereof, the investigation
and examination of applicants and their qualifications and other matters
incidental or appropriate to his powers and duties as prescribed by
this article and for the proper administration and enforcement of
the provisions of this article, and to amend or repeal any of such
rules and regulations.
License to conduct, operate, engage in and transact a home improvement
business as a home improvement contractor may be refused, suspended
or revoked by the Director for any one or more of the following causes:
A. Fraud, misrepresentation or bribery in securing a license.
B. The making of any false statement as to a material matter in any
application for a license.
C. The person or the management personnel of the contractor are untrustworthy
or not of good character.
D. The business transactions of the contractor have been marked by a
practice of failure to perform its contracts or the manipulation of
assets or accounts, or by fraud or bad faith.
E. Failure to display the license as provided in this article.
F. Violation of any provision of this article or of any rule or regulation
adopted hereunder.
Except when otherwise specifically exempted by the provisions
of this article, no person shall act in the capacity of a contractor
unless authorized to do so by a license issued in accordance with
the provisions of this article.
All vehicles of licensees conducting business in the City of
Yonkers shall display on the sides of the body of the vehicle, in
permanent letters legibly printed, stamped or enameled at least eight
inches in height and 1 1/2 inches in width, or on a sign attached
to the sides of the vehicle or prominently displayed on an enamel
sign at least two feet by three feet in size permanently attached
to the vehicle the name, address and phone number of the owner.