As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
The Building Inspector of the Village of East Hampton or, in the event the Village of East Hampton shall enter into a cooperative agreement with the Town of East Hampton pursuant to §
107-11, the Building and Zoning Administrator of the Town of East Hampton.
HOME IMPROVEMENT
Any repair, remodeling, alteration, conversion, modernization, improvement
or addition to residential property, including but not limited to alarm systems,
awnings, basements, bathrooms, cabinetmaking, carpentry, central vacuum cleaning,
cesspools, dormers, driveways, extensions, exterminating, fencing, flagpoles,
flooring, fumigation, garages, heating, ventilating, air conditioning, kitchens,
masonry, railing, roofing, septic tanks, siding, sprinklers, storms and screens,
swimming pools, tennis courts, termite control, tile installers, waterproofing
and weatherproofing, but not including:
A.
The construction of a new home or work done by a contractor in compliance
with a guaranty of completion on new residential property.
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.
C.
Improvements to residences owned or controlled by any government subdivision.
D.
The painting or decorating of residential property.
E.
The landscaping of residential property.
HOME IMPROVEMENT CONTRACT
An oral or written agreement between a home improvement contractor
and an owner for the performance of a home improvement, and includes all labor,
services and materials to be furnished and performed thereunder.
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.
LICENSING REVIEW BOARD
The Board formed and composed pursuant to §
107-8, unless the Village of East Hampton shall enter into a cooperative agreement with the Town of East Hampton pursuant to §
107-11, in which case "Licensing Review Board" shall mean the Licensing Review Board of the Town of East Hampton.
OWNER
Any owner of residential property, tenant or any other person who
orders, contracts for or purchases the service of a home improvement contractor,
or the person entitled to performance of the work of a home improvement contractor
pursuant to a home improvement contract.
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.
VILLAGE BOARD
The Village of East Hampton Board of Trustees, unless the said Village shall enter into a cooperative agreement with the Town of East Hampton pursuant to §
107-11, in which case "Village Board" shall mean the Town Board of the Town of East Hampton.
VILLAGE CLERK
The Village Clerk of the Village of East Hampton, unless the said Village shall enter into a cooperative agreement with the Town of East Hampton pursuant to §
107-11, in which case "Village Clerk" shall mean the Clerk of the Town of East Hampton.
No person shall conduct or engage in any home improvement business without
first obtaining and maintaining in effect at all times a license therefor
from the Building Inspector, as hereinafter provided.
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. A plumber, electrician, architect, professional engineer
or any other person who is required by state 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. Any home improvement where the aggregate contract price
for all labor, materials and other items is less than $500. This exclusion
does not apply where the work is only part of a larger or major operation,
whether undertaken by the same or different home improvement contractors,
or in which a division of the operation is made in contracts or amounts less
than $500 for the purpose of evasion of this chapter or otherwise.
Applicants for licenses or renewals thereof shall file a written, signed
and verified application with the Building Inspector. Where the applicant
is a corporation, the application shall be signed and verified by a member
or officer thereof. Applications shall set forth the following information:
A. The name, trade name and business address of the applicant.
B. If the applicant is an individual, his name and residence
address; if the applicant is a corporation, the names and residence addresses
of the officers thereof; and if the applicant is a firm, partnership or other
entity, the names and residence addresses of the members or partners thereof.
C. Whether or not there are any outstanding liens or judgments
against the applicant.
D. Such other reasonable information as the Building Inspector
may deem necessary or advisable to facilitate the purposes and enforcement
of this chapter, including but not limited to the following:
(1) The names and residence addresses of any employees of
the applicant.
(2) The names and residence addresses of the stockholders
and directors of a corporate applicant.
(3) Whether or not the applicant or any member, partner,
officer, stockholder or employee thereof ever engaged in a home improvement
business under another name or for another person, and if so, reasonable information
with respect thereto.
(4) Information relating to the financial responsibility
and character of the applicant.
After the filing of an application for a license or renewal thereof
and payment of the required fee, the Building Inspector shall examine the
application and make such investigation as he deems necessary or advisable.
Upon completion of the same, the Building Inspector shall issue a license
unless he finds that the applicant is unfit or undesirable to carry on such
home improvement business or is incapable of properly conducting such home
improvement business, in which event he shall deny the license.
The Village of East Hampton may enter into a cooperative agreement with the Town of East Hampton for performance by the Town of East Hampton of the functions, powers and duties relating to administration and enforcement of this chapter requiring a license in order to conduct or engage in home improvement business in the Village of East Hampton. Such cooperative agreements may provide, among other things, that the Town of East Hampton Building and Zoning Administrator shall serve as the licensing officer under this chapter, that the Licensing Review Board of the Town of East Hampton shall serve as the Licensing Review Board under this chapter, that the Town Board of the Town of East Hampton shall serve as the Board designated to hear appeals and to revoke and suspend licenses under such chapter, that application fees under such chapter be paid to the Town of East Hampton and that a license issued by the Town of East Hampton 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 East Hampton and elsewhere, as provided in §
107-12, by obtaining one license and paying one application fee.
This chapter shall take effect 20 days after its adoption and shall
not apply to home improvement contracts entered into before such date.