Village of North Haven, NY Article II Home Improvement Contractors

[Adopted 6-7-2005 by L.L. No. 1-2005[1]]

[1] Editor's Note: This local law also repealed former Art. II, Home Improvement Contractors, adopted 4-18-1983.

§ 55-21 Provisions; licensing.

A. Definitions. As used in this article, the following terms shall have the meanings indicated:

HOME IMPROVEMENT

(1) 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, 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.

(2) "Home improvement" shall not include:

(a) The construction of a new home.

(b) 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.

(c) 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.

(d) The sale or installation of decorative goods or services, such as draperies and carpets.

HOME IMPROVEMENT CONTRACT

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.

HOME IMPROVEMENT CONTRACTOR

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.

HOME IMPROVEMENT GOODS OR SERVICES

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.

LICENSEE

A person permitted to engage in the home improvement business under the provisions of this article.

OWNER

Any homeowner, cooperative shareholder owner or residential tenant.

PERSON

An individual, firm, partnership, corporation or other entity.

PLACE OF BUSINESS

Any shop, residence, place or premises from which a home improvement business is transacted.

RESIDENTIAL PROPERTY

A one-family or multifamily house and property associated therewith.

B. License required. 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.

C. Exceptions. No license shall be required under this article in the following instances:

(1) An individual who performs labor or services for a licensed home improvement contractor for wages or salary.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

D. Administration procedures and provisions. The intent of this article is 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 article, so that a licensee will be permitted to engage in the home improvement business in the Village of North Haven 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 article 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 article, 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 article.

E. Penalties for offenses.

(1) Any person who shall conduct or engage in any home improvement business without having obtained a license therefor, in violation of this article, or who shall conduct or engage in any home improvement business while his license is suspended or revoked, in violation of this article, 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.

(2) 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 article, shall be deemed a separate offense against the provisions of this article.

(3) For each and every violation of this article, 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 article shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

F. Cooperative agreement. The Village of North Haven 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 article with respect to the license required by this article to conduct or engage in any home improvement business in the Village of North Haven. Such cooperative agreement may provide, among other things, that a license issued by the Town shall serve as the license required under this article, 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 article and that all application fees shall be paid to the Town.