[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 7-10-1987 by L.L. No. 9-1987.1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
[Amended 7-18-2002 by L.L. No. 3-2002; 6-18-2021 by L.L. No. 5-2021]
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 or improvement
of central air conditioning, awnings, bathrooms, cabinets, carpentry,
central vacuum cleaners, chimneys, decks, dormers, drainage systems,
extensions, flagpoles, fumigation, heating, kitchens, masonry, painting,
railings, renovations, sprinklers, storms and screens, tennis courts,
tile installers, ventilating, water weatherproofing, driveways, swimming
pools, siding, insulation, roofing, windows, terraces, patios, landscaping,
fences, porches, garages, solar energy systems, flooring, basements,
erosion protection structures and improvements, such as a jetty, groin,
revetment, breakwater, bulkhead, geotube, sandbag installation or
other artificial beach nourishment project, improvements made to bring
residential property in conformance with applicable flood prevention
regulations, including but not limited to placement of structures
on pilings or relocation of structures, and other improvements of
residential property and all structures or land adjacent to it. "Home
improvement" shall also mean the installation of home improvement
goods or the furnishing of home improvement services.
"Home improvement" shall not include:
The construction of a new home.
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 or materials.
The sale or installation of appliances, such as stoves, refrigerators,
freezers, room air conditioners, dishwashers or clothes washers or
dryers, which are designed for and to be removable from the premises
without material alteration thereof.
The sale or installation of decorative goods or services, such
as draperies and carpets.
An agreement for the performance of home improvement between
a contractor and an owner, and where the aggregate contract price
specified in one or more home improvement contracts, including all
labor, services and materials to be furnished by the contractor, exceeds
$500.
[Amended 7-18-2002 by L.L. No. 3-2002]
A person who conducts or engages in a home improvement business
and who performs or undertakes or agrees to perform or undertake a
home improvement.
Goods and services which are bought or provided and/or installed
in connection with home improvement. Such home improvement goods and
services include texture coating, fencing, air-conditioning and heating
equipment and any other goods which, at the time of sale or subsequently,
are to be so affixed to real property by the home improvement contractor
as to become part of real property, whether or not severable therefrom.
[Added 7-18-2002 by L.L. No. 3-2002]
A person permitted to engage in the home improvement business
under the provisions of this chapter.
Any homeowner, cooperative shareholder owner or residential
tenant.
[Amended 7-18-2002 by L.L. No. 3-2002]
An individual, firm, partnership, corporation or other entity.
Any shop, residence, place or premises from which a home
improvement business is transacted.
A one- or two-family house and property associated therewith.
[Amended 3-17-1995]
No person shall conduct or engage in any home improvement business
without first obtaining and maintaining in effect at all times a license
therefor issued by the Town of Southampton in accordance with Chapter
143 of the Code of the Town of Southampton.
No license shall be required under this chapter in the following
instances:
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.
An architect, professional engineer or any other person who is required
by state or town 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.
E.
A plumber or electrician who holds a valid Suffolk County license
and who is acting exclusively within the scope of the craft for which
that person is licensed.
[Amended 3-17-1995]
It is the intent of this chapter that a license issued by the
Town of Southampton in accordance with Chapter 143 of the Southampton
Town Code shall serve as the license required under this chapter,
so that a licensee will be permitted to engage in the home improvement
business in the Village of Quogue and in the Town of Southampton by
obtaining and maintaining in effect a license issued by the Town as
aforesaid. Therefore, it is the intent of this chapter that the administration
procedures and provisions (including the procedures and provisions
with respect to application for a license, issuance and denial of
a license, appeal from denial of a license, suspension and revocation
of a license) set forth in Chapter 143 of the Southampton Town Code
shall serve as the administration procedures and provisions under
this chapter, with the same force and effect as if the administration
procedures and provisions set forth in Chapter 143 of the Southampton
Town Code were expressly set forth in this chapter.
A.
Any person who shall conduct or engage in any home improvement business
without having obtained a license therefor, in violation of this chapter,
or who shall conduct or engage in any home improvement business while
his license is suspended or revoked, in violation of this chapter,
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment, for each and every offense.
[Amended 7-3-2003 by L.L. No. 2-2003]
B.
Each and every home improvement contract entered into or undertaken
or performed by a home improvement contractor without having obtained
or maintained in effect a license therefor, in violation of this chapter,
shall be deemed a separate offense against the provisions of this
chapter.
C.
For each and every violation of this chapter, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $1,000 for each and every such violation. The continuation
of a violation of this chapter shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
[Added 7-3-2003 by L.L. No. 2-2003]
[Amended 3-17-1995]
The Village of Quogue is hereby authorized to enter into a cooperative
agreement with the Town of Southampton for the performance by the
Town of Southampton of the functions, powers and duties relating to
administration of this chapter with respect to the license required
by this chapter to conduct or engage in any home improvement business
in the Village of Quogue. Such cooperative agreement may provide,
among other things, that a license issued by the Town shall serve
as the license required under this chapter, that the administration
procedures and provisions set forth in Chapter 143 of the Southampton
Town Code shall serve as the administration procedures and provisions
under this chapter and that all application fees shall be paid to
the Town.
