This chapter shall be titled Home Improvement Contractors.
It is the intent of this chapter to establish licensing and
standards for home improvement contractors in the Town of Shelter
Island.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building and Zoning Administrator of the Town of Shelter
Island or any duly appointed Building Inspector or Code Enforcement
Officer of the Town of Shelter Island.
Includes occupation, profession, trade, craft or any other
calling for hire.
An individual who buys or leases or agrees to buy or lease
consumer goods or services or credit, including a coguarantor or surety.
An oral or written agreement contained in one or more documents
for the performance of work and includes all labor, goods and services.
The undertaking, offering to undertake, solicitation or agreement
to perform a contract.
[Per NY Business Law Article 36-A Section 770(3)] 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 driveways,
swimming pools, siding, insulation, roofing, windows, terraces, patios,
landscaping, fences, porches, garages, solar energy systems, flooring,
basements, and other improvements of the residential property and
all structures or land adjacent to it. "Home improvement" shall also
mean the construction of a custom home, the installation of home improvement
goods, the furnishing of home improvement services or the provision
of landscaping services. "Home improvement" shall not include:
The sale or construction of a new home, other than a custom
home as defined in this section;
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;
The sale or installation of appliances, such as stoves, refrigerators,
freezers, room air conditioners, dishwashers, clothes washers or dryers,
which are designed to be removable from the premises without material
alteration thereof;
The sale or installation of decorative goods or services, such
as draperies and carpets; or
The performance of repairs, replacements, or other services
pursuant to an express or implied warranty, or a maintenance agreement
as defined in § 395-a of the New York State General Business
Law.
An owner that performs his or her own home improvement work.
[Per NY Business Law Article 36-A Section 770(6)] An oral
or written agreement for the performance of home improvement, between
a home improvement 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
home improvement contractor, exceeds $500.
[Per NY Business Law Article 36-A Section 770(5)] A person,
firm or corporation which owns or operates a home improvement business
or who undertakes, offers to undertake or agrees to perform any home
improvement for a fee and for whom the total cash price of all of
his home improvement contracts with all his customers exceeds $1,500
during any period of 12 consecutive months. Home improvement contractor
does not include a person, firm, corporation, landlord, cooperative
corporation, condominium board of managers, joint tenant or cotenant
that owns, in whole or in part, the property to be improved.
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 orders, contracts for or purchases the services 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.
(Per in § 37 of the General Construction Law of
the State of New York) An individual, firm, partnership, corporation
or other entity.
Any shop, residence, place or premises from which a home
improvement business is transacted.
Any property used, intended or otherwise appropriate for
human habitation.
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 home improvement
contractor licensed under this chapter for wages or salary.
B.
A member or partner of a firm, partnership or other entity which
is a licensed home improvement contractor under this chapter, who
performs labor or services for such licensed home improvement contractor.
C.
A stockholder or officer of a corporation which is a home improvement
contractor licensed under this chapter, 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 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.
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 contractor,
or in which a division of the operation is made in contracts of amounts
less than $500 for the purpose of evasion of this chapter or otherwise.
F.
Employees of any federal, state or local government, or any agencies
thereof, or of a state or local authority, as that term is defined
in § 2 of the New York Public Authorities Law and specifically
to include the Shelter Island Highway Department and Department of
Public Works, provided that such employees are performing the work
on behalf of a government entity or public authority. This exemption
shall not apply to any work performed by a person, as that term is
defined in this article, who is not an employee of any federal, state
or local government or any agencies thereof or of a public authority
even if such work is performed on behalf of or pursuant to an agreement
with a governmental entity or public authority.
G.
Employees of and on behalf of any gas or electric corporation, waterworks
corporation or telegraph and telephone corporation, provided that
such employees are performing the work on behalf of a gas or electric
corporation, waterworks corporation or telegraph and telephone corporation.
This exemption shall not apply to any work performed by a person,
as that term is defined in this article, who is not an employee of
a gas or electric corporation, waterworks corporation or telegraph
or telephone corporation, even if such work is performed on behalf
of or pursuant to an agreement with a gas or electric corporation,
waterworks corporation or telegraph and telephone corporation.
H.
Maintenance work by bona fide employees in an industrial, commercial,
institutional or other such establishment within the building or property
limits of the employer unless provided otherwise pursuant to this
chapter or regulations promulgated hereunder.
I.
An architect, professional engineer or any other person who is required
by state or local law to attain standards of competency or experience
as a prerequisite to engaging in such profession and who is acting
exclusively within the scope of the profession for which he is currently
licensed pursuant to such other law. Issuance of a certificate of
competency by any other federal, state or municipal agency shall not
constitute a license issuance and all such contractors holding such
certificates shall be subject to this article.
J.
A contractor engaged in the field of home maintenance or decorating.
K.
Any retail clerk, clerical, administrative or other employee of a
licensed home improvement contractor who transacts business from an
establishment.
All licenses shall be valid for a period of one year from the
date of issuance thereof. Subsequent renewals shall be for periods
of one year.
Licenses must be renewed annually at least one month prior to
the expiration of the existing license. Upon renewal, an applicant
must submit proof that they remain in compliance with requirements
of this chapter and that they are not otherwise in violation of any
provision herein and that they have completed all required training.
A.
Applicants for licenses or renewals thereof shall file a digital
signed and verified application with the Building Inspector. 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 member
or partner thereof.
B.
Applications shall set forth the following information:
(1)
The name, trade name and business address of the applicant.
(2)
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 and a copy of the certificate of incorporation.
(3)
Whether or not there are any outstanding liens or judgments against
the applicant.
(4)
Such other reasonable information as the Building Inspector may deem
necessary or advisable to facilitate the purposes of and enforcement
of this chapter, including, but not limited to, the following:
(a)
The names and residence addresses of any employees of the applicant.
(b)
The names and residence addresses of the stockholders and directors
of a corporate applicant.
(c)
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.
(d)
Information relating to the financial responsibility and character
of the applicant.
(5)
A federal tax identification number or New York State sales tax identification
number, as applicable. If such information is not provided, a license
will not be issued.
(6)
Registration information for each and every vehicle to be utilized
in their operations on Shelter Island.
C.
All applicants must submit proof of liability insurance with a limit
of at least $300,000 naming the Town of Shelter Island as an additional
insured.
D.
All applicants must submit proof of worker's compensation insurance.
E.
Any applicant that will be applying fertilizer pesticides, fungicide,
herbicide, rodenticide or any other chemical agent must provide proof
of licensing by annually required federal, state or county agency
(FEMA, DEC, DOH etc.) any required training or continuing education
including Suffolk County Turf Management training.
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 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.
A.
The Building Inspector shall notify the applicant of his denial of
an application for a license. Service of such notice shall be made
personally or by certified mail, addressed to the address set forth
in the application for a license. Such notice shall be in writing
and shall specify the ground or grounds for the denial. The notice
shall include or be accompanied by a statement that the applicant
may request an appeal hearing before the Town Board by filing a written
request therefor with the Town Clerk. The Town Clerk shall give the
appealing party at least five days' written notice of the time
and place of such hearing.
B.
At the time and place set for the hearing upon the appeal from the
determination of the Building Inspector, the Town Board shall give
the appealing party and any other interested party a reasonable opportunity
to be heard in order to show cause before said Board why the determination
of the Building Inspector should not be upheld. The decision of the
Town Board shall be in writing, shall specify the ground or grounds
upon which the decision is based and shall be final and conclusive.
A.
A fee as determined from time to time by Town Board resolution shall
be paid to the Town of Shelter Island upon the filing of each application
for a license or any annual renewal for the purpose of defraying expenses
incidental to the processing of said applications and the enforcement
of the provisions of this chapter.
B.
Any license issued hereunder shall expire one year after its date
of issuance, unless revoked as hereinafter provided.
C.
Issuance of a license shall create no presumption that the licensee
is in compliance with the provisions of this chapter nor that the
licensee is entitled to the license.
D.
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.
E.
A license issued hereunder may not be construed to authorize the
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.
F.
A license issued hereunder shall at all times be posted conspicuously
in the place of business of the licensee.
G.
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 Building Inspector of such change in writing.
A.
No license issued hereunder shall be assignable or transferable.
B.
Failure to make application and pay the required fee for a license
renewal prior to the expiration date of said license shall render
the license null and void on the expiration date. Compliance with
the provisions of this section shall entitle the licensee to the renewal
of his license, provided that such license has not been suspended
or revoked by the Director prior to the expiration date.
C.
The death of an individual who holds a valid license issued pursuant
to this chapter shall terminate such license.
D.
A license issued pursuant to this chapter shall be conspicuously
posted in the place of business of the licensee and upon all vehicles
operated by the business.
E.
Each licensee shall, within seven business days after a change of
address or trade name, notify the office, in writing, of such change.
F.
Licensee must immediately report the Shelter Island Building Department
any lapse in insurance coverage.
G.
All advertising for home improvement contracting shall contain the
license number of the home improvement license issued pursuant to
this chapter.
H.
Licensees must ensure all vehicles comply with applicable laws and
regulations.
I.
No licensee shall permit an unlicensed driver to operate any vehicle
within the Town of Shelter Island.
J.
No licensee shall permit an uninsured vehicle to operate on Shelter
Island.
K.
All vehicles used by the licensee or its employees must display a
sticker with the licensee's license number on the rear bumper.
