[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]
Excluding work in the electrical and plumbing fields as defined by § 563-126 of the Suffolk County Code, any repair, remodeling, alteration, conversion, modernization, home raising or home elevating services, improvement or addition to residential property, and includes but is not limited to: heating and air conditioning, awnings, bathrooms, cabinets, carpentry, central vacuum cleaners, chimneys, decks, dormers, drainage systems, driveways, ductwork, extensions, exterminators, fencing, flagpoles, flooring, fumigation, handyman/handyperson services, heating, kitchens, masonry, painting, paint removal, railings, renovations, roofing, sprinklers, storms and screens, sports courts, tile installers, ventilating, water weatherproofing, driveways, swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping, fences, porches, portable and permanent spas, power-washing, garages, solar energy systems, flooring, basements, waterproofing, 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, placement of structures on pilings or relocation of structures, and other improvements of residential property and all structures or land adjacent to it, landscaping and arboriculture, which as used herein shall mean tree sprayers, tree pruners, tree stump removers and all other tree services;
[Amended 5-28-2024 by L.L. No. 9-2024]
"Home improvement" shall not include:
The construction of a new home or work done
by a contractor in compliance with a guaranty of completion on new
residential property or 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 of or application of
the goods or improvements to residences owned by or controlled by
any government subdivision.
[Amended 5-28-2024 by L.L. No. 9-2024]
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]
The keeping in a state of repair or efficiency residential
property, as defined herein. Such work shall not include alteration
of or additions to the original design or function of the residence
and shall be limited to the simple repair of existing facilities and
systems. For the purpose of this article, "home maintenance" work
shall be considered minor, casual and inconsequential in nature when
performed in connection with the seasonal opening and closing of residences.
[Added 5-28-2024 by L.L.
No. 9-2024]
Any services involving the separation of a house, or part
of a house, from its foundation. Home raising or home elevating services
shall include, but not necessarily be limited to, the temporary raising
of a house or part of a house off of its foundation with hydraulic
jacks and the shoring and leveling of a house.
[Added 5-28-2024 by L.L.
No. 9-2024]
A person permitted to engage in the home improvement business
under the provisions of this chapter.
Any owner of residential property, tenant or any other person
who contracts for the services of a home improvement contractor or
the person entitled to performance of the work of a home improvement
contractor pursuant to a contract.
[Amended 5-28-2024 by L.L. No. 9-2024]
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.
Any individual who negotiates or offers to negotiate a contract
for a home improvement contractor with an owner or solicits or otherwise
endeavors to procure a contract from an owner on behalf of a home
improvement contractor, whether or not such individual is an employee
of the home improvement contractor.
[Added 5-28-2024 by L.L.
No. 9-2024]
[Amended 5-28-2024 by L.L. No. 9-2024]
A.
Unlicensed contractor. No person shall conduct or engage in any home
improvement business without first obtaining, and maintaining in effect
at all times thereafter, a license from the Southampton Town Land
Management Administrator or designee.
B.
Unlicensed contractor fees. An unlicensed home improvement contractor shall not collect any fee, deposit, payment, money, or any other form of consideration while engaged in any home improvement business, including but not limited to improvements upon real property located within the Town of Southampton and/or any incorporated village which has adopted by reference Chapter 143 of the Southampton Town Code.
C.
Unlicensed contractor liens. An unlicensed home improvement contractor shall not have standing to record a lien in relation to any home improvement business, including but not limited to improvements upon real property located within the Town of Southampton and/or any incorporated village which has adopted by reference Chapter 143 of the Southampton Town Code.
D.
Contracts required $500 and over. No licensed home improvement contractor
shall collect any fee, deposit, payment, money, or any other form
of consideration in excess of $500 without executing a written home
improvement contract while engaged in any home improvement business.
[Amended 5-9-2006 by L.L. No. 21-2006; 5-28-2024 by L.L. No. 9-2024]
No license shall be required under this chapter in the following
instances:
A.
An employee of a licensed home improvement contractor.
B.
An architect, professional engineer or any other person who holds
a state regulated license requiring standards of competency or experience
as a prerequisite to engaging in such 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; 5-28-2024 by L.L. No. 9-2024]
A.
The fee for a home improvement contractor's license shall be $150, or as amended by fee schedule set by the Town Board by resolution, to be paid upon the filing of each application. A license issued hereunder shall be valid for a period of one year pursuant to New York Town Law § 137. Subject to the provisions contained in § 143-7 of this chapter.
B.
A late fee of $75 shall be charged in addition to the application
fee, for a renewal application postmarked or received 30 days after
the expiration of a home improvement contractor license.
C.
The license term and fees discussed in § 143-4A and above shall only have effect on license issuances or renewals occurring on or after January 1, 2025. Any licenses issued prior to January 1, 2025, 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.
[Amended 5-28-2024 by L.L. No. 9-2024]
A.
A home improvement contractor shall submit a NYS (New York State)
C-105.3 form certificate of insurance covering liability and workers'
compensation, or proof of exemption on a NYS CE-200 form, 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.
B.
All certificates of public liability and property damage insurance
and workers' compensation shall be furnished to the Office of
Land Management by the applicant prior to the initial issuance of
the license or at any time there is a change in insurance carrier.
At the time of license renewal, a sworn affidavit shall be required
stating that all insurance is in effect or a certificate of insurance
filed.
C.
A home improvement contractor shall provide proof of general liability
insurance, providing coverage with limits of at least $1,000,000 per
occurrence to include bodily injury and damage to property, and $2,000,000
in the aggregate, with the "Town of Southampton" named as a certificate
holder.
[Amended 5-9-2006 by L.L. No. 23-2006; 5-28-2024 by L.L. No. 9-2024]
A.
The issuance of a license is not an endorsement by Southampton Town
of work performed by a home improvement contractor, but is rather
intended to show a home improvement contractor has appropriately registered,
and provided proof of insurance to the Town. Issuance of a license
shall create no presumption that the licensee is in compliance with
the provisions of this chapter or any other section of law.
B.
No license issued under this chapter shall be transferred or assigned.
C.
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.
License number and proof of license must be conspicuously displayed
along with any required Town and/or county permits and 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.
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 Land Management Administrator or designee of such change, in writing.
[Amended 5-12-1998 by L.L. No. 13-1998; 5-28-2024 by L.L. No. 9-2024]
A.
Applicants for licenses or renewals shall complete an online application
to the Land Management Administrator or designee. The applicant (or
authorized representative) shall attest to their identity, (including
their ability to bind corporate and other legal entities), and provide
proof of a state issued government ID or US passport (including representatives
of corporate entities), applicable fees, and proof of necessary insurance.
B.
Where the applicant is a corporation, firm, trust, partnership or
other legal entity, the applicant shall provide proof of a Certificate
of Good Standing or Certificate of Existence which may be obtained
by submitting a written request to the New York State Department of
State, Division of Corporations, One Commerce Plaza, 99 Washington
Avenue, Albany, NY 12231.
C.
Corporate entities with a status other than "active" and those deemed
not to be in good standing by the New York Department of State, Division
of Corporations, shall be denied a home improvement contractor license.
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Applications shall set forth the following information:
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D.
The name, entity name, assumed name, trade name and business address
of applicant.
E.
If the applicant is an individual, their legal name and residence
address.
F.
Whether or not there are any outstanding liens or judgments against
the applicant.
G.
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.
H.
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.
