[Amended 8-11-1992 by L.L. No. 35-1992]
As used in this chapter, the following terms
shall have the meanings indicated:
[Amended 5-12-1998 by L.L. No. 13-1998; 4-11-2006 by L.L. No. 17-2006]
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 which requires a permit pursuant to Chapter 111 or 138 of the Town Code, improvements made pursuant to Chapter 123 or 169 of the Town Code 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 to a home improvement contractor
by a supplier 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. All contracts for home improvements shall conform to the requirements
of General Business Law § 771.
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.
[Amended 5-12-1998 by L.L. No. 13-1998]
A person permitted to engage in the home improvement business
under the provisions of this chapter.
Any home owner, 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 therefor from the Licensing Review Board hereinafter
provided.
[Amended 5-9-2006 by L.L. No. 21-2006]
No license shall be required under this chapter
in the following instances:
A.Â
An individual who performs labor or services for a
licensed home improvement contractor for wages or salary.
B.Â
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.Â
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.Â
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.
[Amended 1-27-2004 by L.L. No. 4-2004; 12-19-2013 by L.L. No.
24-2013]
A.Â
The fee for a home improvement contractor’s license shall be $200, to be paid upon the filing of each application. A license issued hereunder shall be for a period of two years from the date of issuance thereof, at the discretion of the Board, and shall expire on the last day of the 24th month of such issuance, subject to the provisions contained in § 143-7 of this chapter.
B.Â
Subsequent
renewal shall be for a period of two years and at a cost of $150.
A fee of $175 shall be charged for a renewal application postmarked
or received 30 days after the expiration of said license.
C.Â
The license term and fees discussed in § 143-4A and B above shall only have effect on license issuances or renewals occurring on or after January 1, 2014. Any licenses issued prior to January 1, 2014, shall remain subject to the license terms in effect at their issuance and shall only become subject to the requirements of § 143-4A and B above upon their next renewal.
A contractor shall have a certificate of insurance covering liability and workers' compensation, if required by law, upon applying for a home improvement license and shall maintain said policies and file current certificates indicating said coverage during the period the license is in effect. Failure to maintain said coverage will provide grounds for revocation of the license pursuant to § 143-12.
[Amended 5-9-2006 by L.L. No. 23-2006]
A.Â
The issuance of a license shall create no presumption
that the license is in compliance with the provisions of this chapter
or that the licensee is entitled to the license.
B.Â
No license issued under this chapter shall be transferred
or assigned to any person or used by any person other than the licensee
to whom it was issued.
C.Â
A license issued hereunder may not be construed to
authorize a licensee to perform any work or engage in any kind of
business which is reserved to qualified licensees under separate provisions
of state or Town law.
D.Â
License number and proof of license must be made available
for inspection at every job site. The inability to present a valid
license by a worker at the job site shall be considered prima facie
evidence of noncompliance with this chapter, and a summons may be
issued.
E.Â
Every licensee shall, within 10 days after a change
of control in ownership or of management or of address or of trade
name, notify the Licensing Review Board of such change, in writing.
F.Â
Upon approval of an application, the Licensing Review
Board shall issue a sticker for each vehicle associated with the home
improvement contractor business, which shall be attached to the upper
left rear exterior windshield of the vehicle and shall be kept clear
and readable at all times. Failure to post and maintain such current
sticker shall be a violation of this chapter.
Applicants for licenses or renewals thereof
shall file a written, signed and verified application with the Licensing
Review Board. Where the applicant is a corporation, the application
shall be signed and verified by an officer thereof. When the applicant
is a firm, partnership or other entity, the application shall be signed
and verified by a member or partner thereof. Applications shall set
forth the following information:
A.Â
The name, trade name and business address of applicant.
B.Â
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; if the applicant is a firm, partnership
or other entity, the names and residence addresses of the members
or partners thereof.
C.Â
Whether or not there are any outstanding liens or
judgments against the applicant.
D.Â
Such other reasonable information as the Licensing
Review Board may deem necessary or advisable to facilitate purposes
of and enforcement of this chapter, including but not limited to the
following:
(1)Â
The names and residence addresses of any employees
of the applicant.
(2)Â
The names and residence addresses of the stockholders
and directors of a corporate applicant.
(3)Â
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)Â
Information relating to the financial responsibility
and character of the applicant.
(5)Â
Information regarding convictions of the applicant
and/or its employees, stockholders or directors for violations of
local, county or state law within the past three years for building,
zoning, sanitary, fire, electrical, health or environmental violations.
For purposes of this subsection, convictions of employees shall include
those imposed in connection with home improvements performed on behalf
of the applicant/employer.
[Added 5-12-1998 by L.L. No. 13-1998]
