[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 5-8-1989 by L.L. No. 5-1989 (Ch. 49 of the 1987
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 156.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person engaged in the construction, repair, remodeling,
alteration, conversion, modernization, improvement or addition to
any property, building or other structure and shall include but not
be 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,
railings, roofing, sidewalks, siding, sprinkler systems, storms and
screens, swimming pools, tennis courts, termite control, tile installations,
weatherproofing and waterproofing, landscaping, painting and decorating,
but shall not include 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.
Any individual, partnership, firm or corporation.
It shall be unlawful to engage in or conduct business as a building
contractor in the Village of Liverpool without first having obtained
a license therefor from the Village Clerk, as hereinafter provided.
No license shall be required under this chapter for:
A.
An individual who performs labor or services for a licensed building
contractor for wages or salary.
B.
Any member or partner of a firm, partnership or other entity which
is a licensed building contractor who performs labor or services for
such licensed building contractor.
C.
A stockholder or officer of a corporation which is a licensed building
contractor, who performs labor or services for such licensed building
contractor.
D.
A plumber, electrician, architect, professional engineer or any other
person who is required by state or other 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.
Subcontractors performing any work for any general contractor licensed
hereunder.
B.
Any license issued hereunder shall expire 12 months from the date
of issuance, unless revoked as hereinafter provided.
C.
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.
D.
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 licensed persons under separate provisions of state
or other law, rule or regulation.
E.
Every licensee shall, within 10 days after a change of control in
ownership, management or of address or business name, notify the Village
Clerk and the Code Enforcement Officer of such change, in writing.
A.
Applicants for licenses or renewals thereof shall file a written,
signed and verified application with the Village Clerk. 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.
B.
The application 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.
(3)
Whether or not there are any outstanding liens or judgments against
the applicant.
(4)
Such other reasonable information as the Village Clerk may deem necessary
or advisable to facilitate the purposes of and enforcement of this
chapter.
(5)
A certificate of insurance showing the applicant carries the statutory
limits for insurance required by § 57 of the Workers'
Compensation Law and § 220, Subdivision 8, of the Disability
Benefits Law.[1]
[1]
Editor's Note: The Disability Benefits Law may be found
in Article 9 of the Workers' Compensation Law, § 200
et seq.
Upon the filing of the application and insurance certificates
as provided herein, the Village Clerk may, upon recommendation of
the Code Enforcement Officer and payment of the appropriate fee to
the Village, issue to the applicant a license to engage in business
as a building contractor. No license shall be refused except for a
specific reason. All licenses shall be numbered and shall include
the date issued, the expiration date and the name and address of the
licensee at which orders may be served.
Any building contractor's license may be revoked by the
Village Clerk for repeated violations of any state or local law relating
to the construction of buildings, the use of streets, the replacing
of streets, sidewalks or parkways or any provisions of the Code of
the Village of Liverpool relating to the work performed by such contractor.
Such revocation may be in addition to any fine imposed for violating
the provisions of the Code of the Village of Liverpool.
It shall be the duty of all building contractors to comply with
all state or local laws, codes or regulations relating to the construction
of buildings or other structures and to the construction of streets,
sidewalks or driveways and all laws or regulations pertaining to or
regulating the activities engaged in.
In the event that an application for a building contractor license
is incomplete, it shall be disapproved and returned to the applicant
for completion. The applicant may appeal to the Board of Trustees
of the Village of Liverpool which shall set a time and place for a
hearing, which hearing shall be held within 15 days after a request
for an appeal has been filed with the Village Clerk and at which hearing
the applicant will be given an opportunity to present his reasons
why the license should be issued. The decision of the Board of Trustees
is final.
