[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 8-3-2006 by L.L. No. 5-2006. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 70.
As used in this chapter, the following terms shall have the meanings
indicated:
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 (using construction materials only), 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 into 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.
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.
A person permitted to engage in the home improvement business under
the provisions of this chapter.
Any homeowner, cooperative shareholder owner or residential tenant.
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.
No person shall conduct or engage in any home improvement business without
first obtaining and maintaining in effect at all times a license 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.
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
Westhampton Beach 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 $500 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment, for
each and every offense.
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.
The Village of Westhampton Beach 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 Westhampton Beach.
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.
