[HISTORY: Adopted by the Legislature of the County of Putnam 8-6-2019 by L.L. No. 9-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 135,
Contractors, adopted 5-7-1991 by L.L. No. 5-1991, as amended.
This chapter of the Code of Putnam County shall be entitled
and known as the "Putnam County Home Improvement Contractor Registration
Law."
It is the purpose of the Legislature of Putnam County in enacting
this chapter to safeguard and protect the homeowner against abuses
on the part of home improvement contractors by regulating the home
improvement, remodeling, and repair businesses and by requiring the
registration of persons engaged in such business. Such registration
will protect and promote the health, safety, and welfare of the residents
of the County of Putnam, pursuant to § 10, Subdivision (12),
of the Municipal Home Rule Law.
A.
Nothing set forth in this chapter shall subject the County of Putnam
or its officials, agents, or employees to liability for damages or
otherwise arising out of or related to the conduct of any home improvement
business by a registrant.
B.
The Director is empowered to establish administrative procedures
to carry out the provisions of this chapter in conformity with the
provisions thereof.
C.
The provisions of this chapter shall not apply to persons engaged
in the following types of activities:
(2)
The sale of goods or materials 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 or materials.
(3)
Work performed upon a residence by the owner, or upon a building
owned by or controlled by any federal, state, or local government,
including school districts.
(4)
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.
(5)
The sale or installation of decorative goods or services, such as
bound carpets or area rugs.
(6)
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.
(7)
The provisions of this chapter shall not apply to any home improvement
to be performed under a home improvement contract entered into prior
to the effective date of this chapter.
(10)
Work or services performed by a person within the scope of an
occupation, craft, or profession in which such person has met the
standards of competency or experience established by state law as
a condition to engaging in such occupation, craft, or profession.
[Amended 12-7-2021 by L.L. No. 14-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
A written notice issued and subscribed by the Director of
Consumer Affairs, or his or her designee, directing a person to appear
at a designated future time in connection with the alleged commission
of a violation of this chapter. A notice conforming to such definition
constitutes an appearance ticket even if referred to by any other
name or title.
The Board of Home Improvement Contractors of Putnam County,
as provided by this chapter.
A new single-family residence to be constructed on premises
owned of record by the purchaser at the time of contract, provided
that such residence is intended for residential occupancy by such
purchaser and the contract of sale is entered into on or after the
first day of March, nineteen hundred ninety.
The Director of the Putnam County Office of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
A specific number of memberships established in the rules
governing an organization. Specifically, the fixed membership of the
Board of Home Improvement Contractors is nine, including filled and
unfilled positions.
The repair, replacement, remodeling, refinishing, installation,
construction, alteration, conversion, modernization, beautification,
maintenance, improvement, or addition to a parcel of land designated
by a tax map number or a building or that portion thereof which is
used or designed to be used as a private residence apartment or dwelling
place, including, but not limited to:
Asphalt or blacktop or driveway sealing.
Landscaping and gardening.
Arboriculture.
Lawn mowing/ground maintenance/leaf blowing. (Note: shall not
apply to full-time students under the age of 22 engaged in seasonal
or part-time employment and who do not have employees.)
Swimming pools.
Porches, patios, terraces, decks, retaining walls, and any other
outdoor stonework.
Garages and garage doors.
Central vacuum cleaning systems.
Windows, doors, and skylights.
Septic systems.
Insulation.
Waterproofing.
Tiling.
Fencing.
Painting and wall coverings.
Flooring and wall-to-wall carpeting.
Masonry.
Roofing.
Awnings or siding.
Antennas or satellite dishes.
Carpentry.
Excavation.
Environmental reclamation.
Other interior or exterior improvements.
Window and door treatments.
Solar panels.
Gutters and leaders.
Chimney cleaning, installation, and repairs.
Drywall and taping.
Air duct cleaning.
Pressure washing.
"Home improvement" shall also mean the construction of a custom
home, installation of home improvement goods, or furnishing of home
improvement services.
The business of providing a home improvement to an owner
for a profit, fee, remuneration, favor, or as part of a barter agreement.
For purposes of this chapter, a "barter agreement" is defined as an
exchange of things (such as products or services) for other things
instead of for money.
An agreement for the performance of home improvement, between
a home improvement contractor and an owner, and where the contract
price specified exceeds $500.
Any person, firm, or corporation who owns, operates, maintains,
controls, transacts, or conducts a home improvement business or who
undertakes or advertises a home improvement service, or offers to
undertake or agrees to perform any home improvement for the owner
for a fee, remuneration, favor, or as part of a barter agreement,
and whether or not such person is a prime contractor, or subcontractor
with respect to the owner, other than a bona fide employee of the
registrant. "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.
The Putnam County Legislature.
A written notice setting forth the particulars of the alleged violation(s) of this chapter, the date and time of the hearing, and the hearing procedures set out in § 135-22B(1).
Any homeowner, tenant, or any other person who orders, contracts
for, or purchases a home improvement or the service of a contractor,
or the person entitled to the performance of the work of a contractor
pursuant to a home improvement contract.
For purposes of this chapter, the term "person" shall include
an individual, partnership, corporation, business organization, or
other similar legal entity.
A person registered and authorized to engage in the home
improvement business under the provisions of this chapter.
A person, other than a supplier of materials, laborer, or
bona fide employee of a contractor, who enters into a contract, written
or verbal, with a contractor for the performance of any part of the
contractor's contract, or a subcontractor's contract, as
the case may be, and who does not perform work other than as a subcontractor.
Evidence that a reasonable mind could accept as adequate
to support a conclusion; evidence beyond a scintilla.
The Director shall have the following powers and duties in addition
to those elsewhere prescribed in this chapter:
A.
To be responsible for the direct daily supervision of the Secretary
to the Board, the Compliance Enforcement Officer(s) and any other
employees of the Office of Consumer Affairs/Weights and Measures/Trades
Licensing and Registration.
B.
To establish categories of registration under this chapter and to
set fees therefor, subject to the approval of the Board and Legislature.
C.
To examine the qualifications and fitness of registrants for registration
under this chapter.
D.
To register applicants possessing the requisite qualifications.
E.
To suspend or revoke registrations in accordance with the various
terms and provisions of this chapter.
F.
To keep records of all registrations issued, suspended, or revoked.
G.
To employ experts, clerks, and secretaries and to pay for their services
and such other expenses as may be necessary and proper, not exceeding
in all the appropriation that may be made therefor by the Legislature
(for such Board).
H.
To adopt such rules and regulations not inconsistent with the provisions
of this chapter as may be necessary with respect to the form and content
of applications for registration, the receipt thereof, the investigation
and examination of applicants and their qualifications, and the other
matters incidental or appropriate to his powers and duties as prescribed
by this chapter and for the proper administration and enforcement
of the various provisions of this chapter, and to amend or repeal
any of such rules and regulations.
I.
To suspend the registration of any person pending payment of any
fine or penalty, pending compliance with any order of the Director
or the Office of Consumer Affairs or with any other lawful order of
the Office of Consumer Affairs.
J.
To automatically suspend the registration of any person who has failed to maintain the required insurance or bond, as outlined in § 135-25 hereof, during the full term of his or her registration, which such suspension shall be retroactive to the date upon which said insurance or bond had been canceled or revoked, and to reinstate any such registration upon proof that the aforesaid insurance or bond requirement has been fully complied with.
K.
To issue appearance tickets, summonses, information, or any other
legal process necessary to effectuate the provisions of this chapter.
L.
To receive and keep complaints from any person relating to a contractor
or home improvement business . The Director has the authority to investigate
any such complaint at his discretion. The Director may consider any
complaints in determining an application for registration or renewal
application, regardless of whether the complaint was found to be a
violation of this chapter.
M.
To mediate disputes arising from complaints made to the Office of
Consumer Affairs by consumers against any contractor or home improvement
business.
[Amended 12-7-2021 by L.L. No. 14-2021]
A.
Board established. There shall be a Board of Home Improvement Contractors ("Board" or "Home Improvement Board") consisting of nine members, each of whom shall be a resident of the County or own a business within the County. (See definition of "fixed membership" in § 135-4.)
B.
The Board shall interview all candidates for Board membership and
submit its recommendations with all candidates' resumes to the
Legislature.
C.
Board members shall be appointed by a majority vote of the Legislature.
Board members shall serve a term of two years and at the pleasure
of the Legislature.
D.
Composition of Board. The composition of the Board primarily shall
be a representative group of people with home improvement trade experience
who are actively engaged or retired from the trade. The Board shall
also include those who have no home improvement trade experience at
all. At no time shall the composition of the Board interfere with
the viability of the Board to perform its duties and to adhere to
its responsibilities. A representative group may include:
E.
Secretary. There shall be a Secretary to the Board who shall be appointed
by the County Executive. The Secretary shall report to the Director
of the Office of Consumer Affairs, Weights and Measures and Trades
Licensing.
F.
Chairperson and Vice Chairperson. The Board, by majority vote of
the fixed membership of the Board, shall elect a Chairperson and Vice
Chairperson, each of whom shall serve a two-year term.
G.
Quorum. A majority of the fixed membership of the Board shall constitute
a quorum for the transaction of business. A quorum may be achieved
by members attending in person or by Board-approved electronic means
that allow for simultaneous visual and aural communication throughout
the entire deliberative session.
H.
Voting. The basis for decisions by the Board shall be the majority
vote by the fixed membership of the Board, i.e., five out of nine.
I.
Vacancies. In the event of a vacancy on the Board, the Board shall
send its recommendation to the Legislature and the remainder of the
vacating member's term shall be filled by appointment by the
Legislature.
J.
Removal. A Board member, upon recommendation by the Board, may be
removed by majority vote of the Legislature for misconduct or malfeasance
in office, incompetence, incapacity, neglect of duty, chronic absenteeism,
or other good and sufficient cause.
The Board shall have the following powers and duties:
A.
Rules and regulations. The Board shall promulgate its own rules and
regulations with respect to its proceedings and with respect to any
matter over which it has jurisdiction, including the conduct of examinations,
subject to guidelines set forth in the Putnam County Legislative Manual
for the setting of agendas, conduct of meetings, and keeping of minutes.
The rules and regulations established by the Board shall not supersede
the provisions of this chapter. The Board shall prepare a manual of
its duly adopted rules and regulations, which shall be made available
for public inspection, and file the same with the Clerk of the Legislature.
The Board shall file with the Clerk of the Legislature a copy of every
rule, regulation and/or amendment thereto, and every decision, determination,
and/or appeal thereof, and the same shall be public record.
B.
Meetings. The Board shall hold at least seven meetings a year at
the call of the Chairperson and at such other times as the Board may
determine necessary or desirable for the efficient discharge of the
business of the Board at the call of the Chairperson or upon written
request by two Board members. All members shall be provided with a
minimum of one week's prior written or oral notice of a meeting or
otherwise to the extent practicable at a reasonable time prior to
the meeting.
C.
Minutes/voting records. The Board shall keep minutes of its meetings
and proceedings, which shall consist of a record or summary of all
motions, proposals, resolutions, and any other matter formally voted
upon and shall include a record of the final vote of each member,
including any abstentions (and the reason therefor) or absences.
(1)
Within two weeks from the date of such meeting, the Secretary shall provide the members of the Board with copies of the proposed minutes and shall make copies of such minutes available to the public. The minutes made available to the public shall be clearly identified as "draft" and/or "unapproved." Upon approval of the minutes pursuant to Subsection (2) and (3) of this section, the Secretary shall replace any "draft" or "unapproved" minutes available for public inspection with a copy marked "approved."
(2)
The Board shall consider draft and/or unapproved minutes for approval
at the next regular Board meeting.
(3)
Any mistakes, errors, or omissions noted by the Board shall be corrected
by the Secretary and the revised minutes shall again be considered
by the Board.
(4)
Within 30 days after approval by the Board, the minutes shall be
filed with the Clerk of the Legislature.
(5)
The Office of Consumer Affairs shall retain all tape recordings for
one year.
D.
Records. The Office of Consumer Affairs shall maintain a record of
all registrations issued, suspended, or revoked under the provisions
of this chapter in accordance with Putnam County's records retention
and disposition policy.
E.
Complaints. The Board shall have the power to hold hearings on charges
of violations of this Code, to make formal findings of facts, and
to impose civil penalties and sanctions in accordance with the law.
F.
Subpoena power. Pursuant to New York Civil Practice Law & Rules
§ 2302(a), the Board shall have the power to issue, and
cause to be served, subpoenas for the production of books, records,
and documents and appearance of witnesses at any duly-convened hearing
of the Board.
G.
Fees. The Board shall have the power to collect fees or to cause
fees to be collected for the issuance and/or renewal of registrations
hereunder. Such fees shall be in accordance with fee schedules duly
adopted by the Legislature.
H.
Recommendations. The Board shall make recommendations to the Legislature
regarding any matter relating to the administration of this chapter,
including proposed amendments thereto.
I.
Suspension/revocation/civil penalties. The Board shall have the power
to suspend and/or revoke registrations issued hereunder and/or assess
and impose civil penalties for cause as prescribed by the provisions
of this chapter. Such civil penalties shall be in accordance with
the fee schedules duly adopted by the Legislature.
J.
Experts/consultants. Subject to legislative approval and appropriation
of funds, the Board may hire experts and/or consultants and pay for
their services as may be necessary and appropriate in the conduct
of its business.
K.
Oaths. The Chairperson of the Board or his/her designee shall be
empowered to administer oaths.
A.
Registration required. Within the County of Putnam, no person shall
engage in home improvement work or maintain, conduct, or operate a
home improvement business as a general contractor, subcontractor,
or contract employee, or hold himself or herself out as being able
to do so, unless such person is registered pursuant to this chapter.
B.
Exceptions.
(1)
No registration shall be required of any person who performs labor
or services for a contractor or subcontractor that is duly registered
hereunder, and such person is classified as an employee, not an independent
contractor, as defined by the Internal Revenue Service.
(2)
A license issued by the Putnam County Plumbing Board or the Putnam
County Board of Electrical Examiners shall be deemed a registration
in compliance with this section for the benefit of the holder thereof
to perform work within the scope of his or her profession.
C.
Working while registration suspended, revoked, or expired.
(1)
Within the County of Putnam, no person shall engage in home improvement
work or maintain, conduct, or operate a home improvement business
as a general contractor, subcontractor, or contract employee, or hold
himself or herself out as being able to do so, while his or her registration
has been suspended or revoked by action of the Board.
(2)
Within the County of Putnam, no person shall engage in home improvement
work or maintain, conduct, or operate a home improvement business
as a general contractor, subcontractor, or contract employee, or hold
himself or herself out as being able to do so, while his or her registration
has expired.
A.
Application procedure.
(1)
An application for an original or renewal registration shall be in
writing upon a form prescribed by the Director. The Director may seek
from an applicant sufficient relevant information about the applicant's
character, experience, and other information necessary to evaluate
the applicant's qualification to be registered.
(2)
Each applicant shall provide forms of identification as determined
and posted by the Director as a precondition to the issuance of a
registration.
(3)
Each applicant shall provide a list of employees who are currently
employed by the applicant and who engage in home improvement work
as defined by this chapter.
B.
Educational requirements.
(1)
All home improvement businesses that offer to provide or provide
lawn or turf services must show proof of completion by the owner of
such business of a best management practices course for lawn and garden
care approved by the Putnam County Commissioner of Health when applying
for registration or renewal registration.
(2)
The participation and completion of a best management practice course
for lawn and garden care is a one-time education requirement, unless
directed otherwise in accordance with this section. Once proof is
accepted by the Director, it shall apply to each subsequent renewal
application thereafter as further prescribed under this chapter.
(3)
If a registered home improvement business can provide a certificate
that verifies that he/she has participated and completed a best management
practices course for lawn and garden care from another municipality
and/or state, such certificate shall be deemed acceptable for compliance
with this section.
(4)
The Director, in consultation with the Putnam County Commissioner
of Health, may require the participation of such persons at additional
informational seminars and/or courses at reasonable times but no more
than once per year in order to ensure that all persons are informed
of developing issues, technologies, and laws which may impact the
performance of services by such persons in Putnam County.
(5)
The Director, in consultation with the Putnam County Commissioner
of Health, shall have the authority to adopt rules and regulations
as may be deemed necessary for the administration and enforcement
of this section.
A.
An application for an original or renewal registration shall be in
writing upon a form prescribed by the Director. The Director may seek
from an applicant sufficient relevant information about the applicant's
character, experience, and other information necessary to evaluate
the applicant's qualification to be registered.
B.
Each application, except for a business engaged in lawn mowing/ground maintenance/leaf blowing, shall be accompanied by proof of insurance and bonding as outlined in § 135-25 below.
C.
Each applicant shall provide forms of identification as determined
and posted by the Director as a precondition to the issuance of a
registration.
D.
Each applicant for an original or renewal registration, when applicable,
shall provide the Director with proof of completion of a best management
practices course for lawn and garden care as required pursuant to
this chapter.
E.
Term. Each registration issued pursuant to this chapter shall be
valid for a term of two years from the date the application is granted.
F.
Renewals. Applications for renewal of a registration duly issued
under the provisions of this chapter shall be submitted to the Secretary
of the Board in the form prescribed by the Director prior to the expiration
date of the registration and shall be accompanied by the appropriate
registration fee. Upon request, applicants for renewal must provide
such proof as may be necessary and appropriate to demonstrate the
applicant's qualifications, competency and fitness to carry on the
trade for which he or she is registered.
G.
Late renewal. If an application for renewal is not made within the
time prescribed herein, the Director may nevertheless renew the registration.
In such event, before the renewal may be issued, the registrant must
submit his or her application for renewal and pay the appropriate
late fee, as set by the Board and approved by the Legislature, in
addition to the renewal fee. No application for renewal will be accepted
more than one year after expiration of the registration.
H.
Revocation of renewal privileges.
(1)
Failure to renew a registration issued under the provisions of this chapter within six months after expiration thereof may result in the revocation of all renewal privileges hereunder. The Director may schedule a hearing on notice to the registrant to be conducted in accordance with the procedures outlined in § 135-22 herein.
(2)
Failure to renew a registration issued under the provisions of this chapter within one year after expiration thereof shall result in the automatic revocation of renewal privileges hereunder. Such revocation of renewal privileges shall be on notice to the registrant. Such revocation is not subject to a hearing in accordance with the procedures outlined in § 135-22 herein, and shall occur automatically by operation of law one year after expiration of the registration.
(3)
Any person desiring a registration after such revocation of renewal
privileges shall be required to submit a new application for registration
in accordance with the provisions of this chapter. The new application
must include the payment of all applicable fees, including late fees
accrued by failing to timely renew the prior registration.
I.
Waiver of renewal.
(1)
If a current registrant does not wish to renew his or her registration,
such person must submit written notification to the Secretary of the
Board advising that such person is waiving renewal and allowing the
registration to naturally expire. Once expired, such registration
may not be renewed. To reregister in the future, such person must
submit a new application pursuant to the requirements of this chapter.
(2)
A waiver of renewal submitted within 60 days after the expiration of the term of registration precludes imposition of any late fees authorized pursuant to § 135-10F above.
(3)
A waiver of renewal submitted more than 60 days after the expiration
of the term of registration allows the imposition of late fees accrued
up to the date the waiver is submitted.
J.
Military service exceptions.
(1)
Registrants who are called to active duty will have their registrations
put on inactive status as of the date of their deployment. Upon return
from active duty, the registrant will provide documentation to the
secretary of the Home Improvement Board detailing the dates of his
or her deployment and proof he or she meets all other requirements
of the Home Improvement Law prior to the reactivation of his or her
inactive status registration. If the deployment was greater than 30
days, the registrant will be credited for each day of military deployment,
and his or her registration will be extended by a similar number of
days.
(2)
Once the reactivated registration expires, the registrant's renewal
registration will be credited with the same amount of credit time
as the hold accrued during his or her inactive status period. All
fees charged for that year will be prorated to take into account this
credit time.
(3)
This military service exception will be retroactive to any deployment
that occurred after September 11, 2001.
[Amended 12-7-2021 by L.L. No. 14-2021]
A.
No person who is registered pursuant to this chapter shall hire any
person to perform home improvement work in Putnam County as a subcontractor
or contract employee unless the hired person is registered under this
chapter.
B.
Any person who is registered pursuant to this chapter shall respond
to the Board's requests for specific employment information regarding
his or her employees who perform home improvement work. The registered
contractor must provide the specific information requested by the
Board within the period of time specified in such request.
[Amended 12-7-2021 by L.L. No. 14-2021]
A.
The Director, or his or her duly authorized designee, shall grant
the registration or renewal within 60 days after receipt of a complete
application in proper form. The Director, or his or her duly authorized
designee, may deny the application if it is determined that the applicant:
(1)
Is not financially responsible.
(2)
Is unqualified to engage in the home improvement business.
(3)
Has failed to furnish information as required.
(4)
Has made a false statement of a material fact or a material
omission in the application for the registration.
(5)
Has consistently failed to perform contracts.
(6)
Has failed to carry and maintain workers' compensation insurance,
public liability insurance, or surety bond as required by this chapter.
(7)
Has failed to pay civil penalties imposed after a hearing held
by the Board upon a violation of this chapter, or has failed to pay
any fee or late fee incurred under any provision of this chapter.
(8)
Has been subject to the imposition of penalties or sanctions
as a result of a hearing held by the Board upon a violation of this
chapter on at least two occasions in the past two years.
(9)
Is applying following a period of revocation and has not demonstrated
that he or she is fit to be registered.
B.
A denial of a registration or renewal shall be made by the Director in writing and shall set forth a statement of the reason or reasons therefor. If the registration or renewal is denied, the applicant may, within 10 days from the date the notice of denial is mailed, request a hearing. Such hearing must be held within 30 days of the request and a decision must be rendered within 45 days from the date of the hearing. Said hearing shall be conducted in accordance with the procedures outlined in § 135-22 hereof.
C.
The determination made by the Director shall be subject to judicial
review in accordance with Article 78 of the New York State Civil Practice
Law and Rules in a proceeding brought within four months after the
Director issues a written denial.
The following acts are strictly prohibited:
A.
Abandonment or failure to perform, without justification, any home
improvement contract or project engaged in or undertaken by the contractor.
B.
Making any substantial misrepresentation in the procurement of a
home improvement contract, or making any false promise likely to influence,
persuade, or induce.
C.
Any fraud in the execution of or in the material alteration of a
home improvement contract, or making any false promise likely to influence,
persuade, or induce.
D.
Any fraud in the execution of or in the material alteration of any
contract, mortgage, promissory note, or other document incident to
a home improvement transaction.
E.
Any fraud in recommending the installation, repair, or replacement
of any item the registrant knew or should have known was not required.
F.
Making a false statement or providing false information in making
an application for registration, including a renewal or duplicate.
G.
Making a false statement or providing false information when responding
to the Board's request for information regarding current or former
employees employed by the registrant.
H.
Making a false statement or providing false information in completing
the "no employee" affidavit (Form CE 200) workers' compensation waiver.
I.
Preparing or accepting any mortgage, promissory note, or other evidence
of indebtedness upon the obligation of a home improvement transaction
with knowledge that it represents a greater monetary obligation than
the agreed-upon consideration for the home improvement work.
J.
Directly or indirectly publishing any advertisement relating to home
improvements which contains an assertion, representation, or statement
of fact which is false, deceptive, or misleading.
K.
Conducting a home improvement business in any name other than the
one in which the contractor is registered.
L.
Failure to notify the Director, in writing, of any change of control
in ownership, management name, business name, or location.
M.
Failure to respond to the Board's request for information regarding
anyone employed or formerly employed by the registrant.
N.
Failure to comply with any order, demand, or requirement made by
the Director or Board pursuant to the various provisions of this chapter.
O.
Failure to list registration number in any and all advertisements
for the registered home improvement contracting business.
Q.
Conducting a home improvement business by a registered home improvement
contractor who has completed the "no employee" affidavit (Form CE
200) and is found in violation of the workers' compensation waiver.
A.
Every home improvement contract as defined herein shall be evidenced
by a writing and shall be signed by all parties to the contract. The
writing shall contain the following:
(1)
The name, address, telephone number, or registration number of the
contractor.
(2)
The approximate dates, or estimated dates, when the work will begin
and be substantially completed, including a statement of any contingencies
that would materially change the approximate or estimated completion
date. In addition to the estimated or approximate dates, the contract
shall also specify whether or not the contractor and the owner have
determined a definite completion date to be of the essence.
(3)
A description of the work to be performed, the materials to be provided
to the owner, including make, model number of any specific materials
or product, or any other identifying information, and the agreed-upon
consideration for the work and materials.
(4)
A notice to the owner purchasing the home improvement that the contractor
or subcontractor who performs on the contract that if the contractor
is not paid he/she may have a claim against the owner which may be
enforced against the property in accordance with applicable lien laws.
Such home improvement contract shall also contain the following notice
to the owner in clear and conspicuous bold face type: "Any contractor,
subcontractor, or materialman who provides home improvement goods
or services pursuant to your home improvement contract and who is
not paid may have a valid legal claim against your property known
as a mechanic's lien. Any mechanic's lien filed against your property
may be discharged. Payment of the agreed-upon price under the home
improvement contract prior to filing of a mechanic's lien may invalidate
such lien. The owner may contact an attorney to determine his rights
to discharge a mechanic's lien."
(5)
A notice to the owner purchasing the home improvement that, except as otherwise provided in Subsection A(7) herein, the home improvement contractor is legally required to deposit all payments received prior to completion in accordance with Subdivision 4 of § 71-a of the Lien Law and that, in lieu of such deposit, the home improvement contractor may post a bond, contract of indemnity, or irrevocable letter of credit with the owner guaranteeing the return or proper application of such payments to the purposes of the contract.
(6)
If the contract provides for one or more progress payments to be
paid to the home improvement contractor by the owner before substantial
completion of the work, a schedule of such progress payments showing
the amount of each payment, as a sum in dollars and cents, and specifically
identifying the state of completion of the work or services to be
performed, including any materials to be supplied before each such
progress payment is due. The amount of any such progress payments
shall bear a reasonable relationship to the amount of work to be performed,
materials to be purchased, or expenses for which the contractor would
be obligated at the time of the payment.
(7)
If the contract provides that the home improvement contractor will be paid on a specified hourly or time basis for work that has been performed or charges for materials that have been supplied prior to the time that payment is due, such payments for such work or materials shall not be deemed to be progress payments for the purposes of Subsection A(6) and shall not be required to be deposited in accordance with the provisions of Subsection A(5).
(8)
A notice to the owner that, in addition to any right otherwise to revoke an offer, the owner may cancel the home improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract. Cancellation occurs when written notice of cancellation is given to the home improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound. Notwithstanding the foregoing, this Subsection A(8) shall not apply to a transaction in which the owner has initiated the contract and the home improvement is needed to meet a bona fide emergency of the owner and the owner furnishes the home improvement contractor with a separate dated and signed personal statement in the owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the home improvement contract within three business days. For the purposes of this Subsection A(8), the term "owner" shall mean an owner or any representative of an owner.
(9)
A notice that all inquiries and complaints or issues about a contractor
should be made to the Director, in writing, with copies transmitted
to the Board.
B.
The writing shall be legible, in plain English so that it is understood
by both parties to the contract, and shall be in such form to describe
clearly any other document, which is to be incorporated into the contract.
Before any work is done, the owner shall be furnished a copy of the
written agreement, signed by the contractor. The writing may also
contain other matters agreed to by the parties to the contract.
A.
The Board shall have the power to collect or to cause fees to be
collected for the issuance and/or renewal of registrations hereunder.
Such fees shall be in accordance with a fee schedule proposed by the
Board and duly adopted by the Legislature. All fees collected under
the provisions of this chapter are nonrefundable.
B.
The Board shall have the power to collect or to cause to be collected
civil penalties assessed for violation of this chapter. Such civil
penalties shall be in accordance with a schedule proposed by the Board
and duly adopted by the Legislature. The penalty for any violation
not specifically listed in the civil penalty schedule adopted by the
Legislature shall be determined by the Board up to a maximum of $5,000.
A.
A registration to conduct a home improvement business issued to an
individual may be assigned or transferred for the remainder of the
registration period to another business entity if the registrant is
an owner or member of such entity owning not less than 25% of the
business at the time of such assignment or transfer.
B.
Registration of a partnership may be assigned or transferred for
the remainder of the registration period to any one member of such
partnership, provided that he or she obtains the consent of all of
the other members of such partnership.
A.
Any registration issued pursuant to this chapter shall not be construed
to authorize the registrant to perform any particular type of work
or kind of business that is reserved to qualified licensees under
separate provisions of state or local law.
B.
Nothing in this chapter shall be construed to limit or restrict the
power of a town or village to regulate the quality, performance, or
character of the work of contractors, including a system of permits
and inspections that are designed to secure compliance with and aid
in the enforcement of applicable state and local building laws or
to enforce other laws necessary for the protection of the public health
and safety. Nothing in this chapter shall be construed to limit or
restrict the power of a town or village to adopt any system or permits
requiring submission to and approval by the town or village of plans
and specifications for an installation prior to the commencement of
construction of the installation of or inspection of work done.
C.
This chapter relates only to the area of Putnam County. Notwithstanding,
any village or town within Putnam County may preempt this chapter
by expressly stating such and enacting its own regulating or licensing
of the home improvement business.
A.
Each and every registration certificate issued pursuant to this chapter shall be posted in a conspicuous location at the registrant's place of business and a copy of the registration certificate shall be placed in each vehicle described in § 135-18F.
B.
An identification card issued by federal, state, or local government,
which shall contain a photograph of the holder thereof, shall be carried
with each contractor or employee and displayed upon request on a job
site.
C.
The certificate's registration number shall be included on all documents
distributed by the registrant.
D.
All advertising for a home improvement business shall contain the
registration number issued pursuant to this chapter.
E.
All vehicles that are owned, leased, or used in the name of a business
entity—the owners, principals, and/or employees of which are
subject to the provisions of this chapter—must be duly registered
with the Office of Consumer Affairs. Therefore, a valid vehicle registration
must be provided at the time of registration, renewal, or at any time
in which a sticker is requested.
F.
A valid registration sticker/decal must be affixed and prominently
displayed on the driver's side rear bumper on all vehicles and trailers
owned, leased, or used by the registrant in the performance of the
occupation so registered.
G.
All stickers issued pursuant to this chapter shall remain the property
of the Putnam. County Office of Consumer Affairs and must be removed
from vehicles prior to a sale of such vehicles to another person.
A.
The Director shall accept from any person complaints relating to
a contractor or home improvement business. Such complaints will be
kept in the records of the contractor on file with the Office of Consumer
Affairs.
B.
In considering an application for a license or renewal under this
chapter, conducting any investigation, or determining whether to revoke
a registration granted under this chapter, the Director may consider
any complaints received.
C.
The Director shall have the authority to mediate any complaint made
by a person against a contractor or home improvement business. Upon
receipt of the complaint, the Director shall fully investigate the
allegations made against the contractor at his discretion. After completion
of the investigation and if the complainant and contractor agree,
the Director shall schedule a nonbinding settlement conference at
which all parties must appear personally or by legal representative.
Neither party will be obligated to participate in any settlement discussion.
If the parties are able to resolve the complaint at the settlement
conference, the Director shall indicate as such in the records kept
on file with the Office of Consumer Affairs.
A.
All corporations, partnerships, limited partnerships or joint ventures
engaged in home improvement work must file with the Board a registered
copy of the applicable business certification as is on file with the
state and/or County where such business entity maintains its principal
place of business.
B.
Any person who is registered pursuant to this chapter shall notify
the Board in writing of any change of control in the ownership, location,
management name, or business name of a home improvement business within
15 days thereof.
[Amended 12-7-2021 by L.L. No. 14-2021]
A.
There shall be a Compliance Enforcement Officer(s) who shall report
directly to the Director.
B.
Powers and duties. The Compliance Enforcement Officer shall have
the following powers and duties:
(1)
Investigations. Upon receipt of a complaint by any person alleging
a violation of this chapter, or on his or her own initiative based
on personal knowledge of a suspected violation, the Compliance Enforcement
Officer may conduct any independent investigation necessary to carry
out the provisions of this chapter. Pursuant to this power, the Compliance
Enforcement Officer may:
(a)
Appearance tickets. Issue appearance tickets to alleged violators
to compel their appearance before the Board. Such appearance tickets
shall be in a form prescribed by the Board.
(b)
Subpoenas. Make recommendations to the Board to subpoena the
appearance of witnesses to a duly-held hearing and/or to compel the
production of any books, records, or documents that he or she may
deem material and relevant for the proper prosecution of a violation.
(2)
Prosecutions. The Compliance Enforcement Officer shall be charged with the duty of presenting material and relevant evidence of alleged violation(s) of this chapter at a hearing duly convened by the Board in accordance with § 135-22 of this chapter. The Compliance Enforcement Officer shall designate an alternate to make the presentation to the Board in his/her absence. Such designated alternate shall not be a currently serving member of the Board.
A.
Suspension, revocation, and civil fines. Following a hearing as provided
for herein, the Board shall have the power to revoke or suspend, for
such period as the Board may deem appropriate, any registration issued
under the provisions of this chapter, and/or assess and impose civil
fines or penalties as provided for herein, provided that a majority
of the Board is satisfied by substantial evidence that the person
or the holder of such registration has violated a provision of this
chapter or the rules and regulations of the Board.
B.
Procedure for suspension, revocation, and/or imposition of civil
fines.
(1)
Notice of charges. Prior to revocation or suspension of a registration
and/or the assessment of any civil penalties as provided for herein,
the alleged violator shall receive in writing, a notice of charges
that includes an appearance ticket and all of the particulars of the
alleged violation. Such notice shall be sent to the alleged violator
by the Compliance Enforcement Officer via registered or certified
mail in addition to regular first-class mail to the address provided
and shall contain the following information:
(a)
The name and address of the alleged violator;
(b)
The specific section(s) of this chapter alleged to have been
violated;
(c)
A statement of the facts and circumstances supporting the charge(s)
that includes the date and location of the violation;
(d)
The date, time, and place where the alleged violator is summoned
to appear before the Board for a hearing on the alleged violation;
(e)
A statement advising the alleged violator that any answer to
the charges must be filed with the Board within 15 days of his or
her receipt thereof, as evidenced by evidence of mail delivery recovered
from the U.S. Postal Service website or the nonreturn of the first-class
mailing;
(f)
A statement of the possible penalties to be imposed in the event
the charges are proven to the Board by substantial evidence;
(g)
A statement advising the alleged violator that, in the event
he or she fails to appear as directed, he or she may be considered
in default and a hearing may proceed in his or her absence;
(h)
A statement advising the alleged violator that he or she could
waive his or her right to a hearing and plead guilty to the charges
via mail or in person at the Office of Consumer Affairs;
(i)
A statement advising the alleged violator that he or she has
the right:
(2)
Hearing.
(a)
Timing. The hearing on any alleged violation of this chapter shall be held before the Board within 100 days of the date of the written notice provided for in Subsection B(1).
(b)
Adjournments. Any requests for an adjournment must be made in writing and may be granted at the sole discretion of the Board. Any granted adjournment shall nullify the 100-day period of § 135-22B(2)(a).
(c)
Record. A stenographic or audio recording of the hearing shall
be made by the Board.
(d)
Rules of evidence. Compliance with the technical rules of evidence
shall not be required, but all evidence presented must be material
and relevant as determined by the presiding officer.
(e)
Presiding officer. The hearing shall be conducted by the Board
and shall be presided over by the Chairperson of the Board or, in
his or her absence, the Vice Chairperson or another Board member designated
by the Chairperson or Vice Chairperson.
(f)
Presentation of evidence in support of the charges. Evidence
of the alleged violation shall be presented to the Board by the issuing
Compliance Enforcement Officer, or his/her designee, who shall be
subject to questioning/cross-examination by the alleged violator or
his or her legal representative.
(g)
Burden of proof. The charges contained in the notice shall be
proven by substantial evidence.
(h)
Findings of fact and decision. Within 30 days from the submission
of all evidence and the close of the hearing, the Board shall issue
a written decision on the charges, setting forth therein:
[1]
Its findings of fact as determined by the evidence presented
at the hearing;
[2]
Its decision regarding the alleged violator's guilt or innocence
of the charges set forth in the notice of charges;
[3]
A statement of the reasons supporting its decision;
[4]
The penalty, if any, to be imposed, including any relevant effective
date(s) or period(s) of duration as determined by the Board; and
[5]
A statement regarding the right to challenge the Board's decision
pursuant to Article 78 of the New York Civil Practice Law and Rules.
(i)
Notice of decision. The Board shall immediately cause a written
copy of its findings of fact and decision to be delivered to the alleged
violator via registered or certified mail and first-class mail.
(j)
Judicial review. The decision of the Board shall be subject
to judicial review in accordance with Article 78 of the New York Civil
Practice Law and Rules.
C.
Permissible penalties. The Board, following a determination that
the charges have been proven by substantial evidence, may impose the
following penalties:
(1)
Issuance of an official reprimand and warning letter, a copy of which
shall be retained by the Board and considered in connection with future
applications for registration or renewal thereof.
(2)
Imposition of a civil penalty in an amount authorized by resolution
of the Putnam County Legislature, but not to exceed $5,000 for each
violation of this chapter.
(3)
Revocation/suspension.
(a)
The Board, in its judgment as to the seriousness of the charges,
may suspend or revoke the home improvement registration of any home
improvement registration holder who, at a duly called hearing, has
been found guilty by substantial evidence of a violation of this chapter.
(b)
The Board may suspend or revoke a registration if the registration
holder has been convicted of a crime by a court of competent jurisdiction
where there is a direct relationship between the crime and the specific
registration sought, or if the issuance and/or holding of the registration
would involve an unreasonable risk to property or to the safety or
welfare of specific individuals or to the general public.
(c)
A suspension is a temporary restriction of a person's home improvement
registration. During the period of suspension, the registrant may
not engage in home improvement work in Putnam County. The duration
of suspension will be determined by the Board and can be for a fixed
period of time or an indefinite period of time contingent upon the
occurrence of a condition precedent. A registrant must renew or waive
renewal of his or her registration as prescribed in this chapter even
if suspended. A suspension will continue after expiration of the term
of registration regardless of whether the registrant has renewed.
Once the suspension period has ended, the registrant must pay a fee
to lift the suspension before his or her registration will be reinstated.
(d)
A revocation is a termination of a person's home improvement
registration. Once revoked, the registrant may not engage in home
improvement work in Putnam County. The duration of the revocation
will be determined by the Board and can be for a minimum period of
time or an indefinite period of time contingent upon the occurrence
of a condition precedent. Once revoked, a registrant may not renew
his or her registration. Upon expiration of the minimum period of
revocation, the registrant must pay a fee to lift the revocation before
he or she may submit a new application for consideration.
D.
Litigation costs. In the event the County is required to institute
legal proceedings to collect any portion of a fine or penalty imposed
under this chapter, the County shall be entitled to recover from the
violator any and all associated costs thereof, including attorney's
fees and interest on any unpaid fine or penalty calculated at the
statutory rate.
A.
Any person who shall maintain, conduct, operate, or engage in a home
improvement business within the County of Putnam without a registration
as required under this chapter or who continues to conduct a home
improvement business after such registration has been denied, suspended,
revoked, or has expired shall be guilty of a Class A misdemeanor.
B.
The Board may refer any matter that it suspects may constitute a
criminal offense to the Putnam County Sheriff's Office or to other
appropriate law enforcement authority for further review.
C.
This section shall be enforced by the Putnam County Sheriff's Department.
Arrests made pursuant to this section shall be made by a police officer
or a peace officer acting under his or her special duties.
Nothing set forth in this chapter shall subject the County of
Putnam, its officers, agents, or employees, including the Board and
the Compliance Enforcement Officer, to any liability for damages arising
out of or related to the conduct of any person licensed or registered
by the County of Putnam.
[Amended 12-7-2021 by L.L. No. 14-2021]
A.
Except for a business engaged in lawn mowing/ground maintenance/leaf
blowing, prior to the issuance of any registration, permit, or renewal
thereof and prior to performing any home improvement work in Putnam
County a person must obtain insurance and bonding as follows:
(1)
A license and permit bond in the amount of $25,000;
(2)
Workers' compensation insurance for all employees;
(3)
General liability insurance of at least $1,000,000 per occurrence
and $2,000,000 in the aggregate and the description of operations
in the certificate of liability insurance shall contain the scope
of work performed.
B.
A person must provide the Board with proof of insurance and bonding
information before any registration, permit, or renewal thereof will
be granted.
C.
Any home improvement work performed in Putnam County must fall within the scope of coverage of the insurance and bond policies required under Subsection A above.
D.
All insurance policies shall contain a provision of continued liability
and name Putnam County as an additional insured and certificate holder.
E.
All bonds shall contain a provision identifying Putnam County as
an obligee. Notwithstanding the foregoing, any payment issued on behalf
of a claim for an aggrieved individual or company shall be paid directly
to said individual or company by the bond company.
F.
All insurance policies and bonds must be carried throughout the entire
period of registration and for the duration of any home improvement
work performed.
The provisions of this chapter are intended for the protection
of an owner and shall not be subject to waiver by an owner in a home
improvement contract otherwise.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
The County of Putnam hereby declares that it would have passed this
chapter or the remainder thereof had such invalid application or invalid
provision been apparent.
All ordinances, local laws, and parts thereof inconsistent with
this chapter are hereby repealed; provided, however, that such repeal
shall not affect or impair any act done or right accruing, accrued,
or acquired, or penalty, charge, liability, forfeiture, or punishment
incurred or owing prior to the time such repeal takes effect, but
the same may be enjoyed, asserted, collected, enforced, prosecuted,
or inflicted as fully and to the same extent as if such repeal had
not been effected. All actions and proceedings, civil or criminal,
commenced under or by virtue of any provision of any County of Putnam
local law, ordinance or resolution so repealed, and pending immediately
prior to the taking effect of such repeal, may be prosecuted and defended
to final effect in the same manner as they might if such provisions
were not so repealed.
