Suffolk County Home Improvement Licenses

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Questions and Answers

What types of employees are exempt from the regulations mentioned in the content?

Employees of international organizations

Employees of private corporations performing public work

Employees of any federal, state, or local government (correct)

Employees contracted by non-governmental organizations

Under what condition does the exemption for work performed by employees of gas or electric corporations not apply?

If the individual is not an employee of a gas or electric corporation (correct)

If an agreement is in place with a gas or electric corporation

If the work is performed as part of a volunteer program

If the work is performed by an independent contractor

What type of work performed by bona fide employees is not exempt according to the content?

Maintenance work in an industry without licensing

Maintenance work within the employer's property limits

Work performed outside of working hours

Work performed for a different establishment (correct)

Who must sign the license application as required in the content?

An actual owner or partner of the business Signup and view all the answers

What is required to accompany the license application according to the content?

A nonrefundable application fee Signup and view all the answers

What happens if the application for a license is filed by a corporation?

It must be signed under oath by an officer of the corporation Signup and view all the answers

Which of the following is NOT mentioned as a category of work exempt under the regulations?

Public works contracts Signup and view all the answers

What information is explicitly required in a license application?

Residence address of the applicant Signup and view all the answers

What is the primary purpose of licensing persons engaged in the occupations regulated by the Suffolk County law?

To ensure the safety of consumers Signup and view all the answers

Which term is defined as an individual who purchases consumer goods or services?

Consumer Signup and view all the answers

What constitutes a contract according to the Suffolk County law?

An oral or written agreement for the performance of work Signup and view all the answers

Which of the following is NOT identified as a deceptive trade practice?

Offering discounts on services rendered Signup and view all the answers

Which statement best describes a commissioner's role in relation to the Suffolk County law?

To regulate and oversee licensing for businesses Signup and view all the answers

In the context of this law, what is included in the definition of consumer goods?

Goods for personal, household, or family purposes Signup and view all the answers

What type of statements fall under the category of 'deceptive trade practices'?

False or misleading representations in advertisements Signup and view all the answers

What does the law say about the condition of goods marketed as new?

They must always be original, never secondhand Signup and view all the answers

What is the maximum amount for the surety bond that an applicant for a home improvement contractor license may be required to post?

$100,000 Signup and view all the answers

Which types of insurance coverage are required for a home improvement contractor engaging in home raising services?

Insurance coverage including riggers liability Signup and view all the answers

What is the minimum aggregate limit for insurance coverage required under § 563-11A (5) for home improvement contractors?

$2,000,000 Signup and view all the answers

What must happen before promulgation of rules or regulations pursuant to Subsection A(3)?

A public hearing held by the Director Signup and view all the answers

What kind of information may the Director require from an applicant or licensee?

Production of books and records Signup and view all the answers

How much liability insurance is required per occurrence for home improvement contractors performing home raising services?

$500,000 Signup and view all the answers

What type of limit is included in the insurance coverage requirement for bodily injury and property damage?

An aggregate limit of $2,000,000 Signup and view all the answers

What is a requirement for the notice of the public hearing conducted by the Director?

It must be published in official newspapers Signup and view all the answers

What must a licensee do within seven business days after a change of control of ownership?

Apply for the assignment or transfer of the license. Signup and view all the answers

Which of the following actions requires written notification to the Office within seven business days?

Change of management. Signup and view all the answers

What fee must a licensee submit when applying to inactivate their license?

$50 for each annual period sought. Signup and view all the answers

What is required to obtain a duplicate license if the original is lost?

Application form and payment of a fee. Signup and view all the answers

Under what condition can a licensee use their license for more than one entity?

By holding at least a 50% interest in each entity. Signup and view all the answers

What is the consequence of failing to notify the Office of a change in trade name within the specified time frame?

The license will terminate. Signup and view all the answers

How must each supplementary license be displayed at the additional place of business?

Posted conspicuously. Signup and view all the answers

What action should a licensee take if they decide to engage in business again after inactivation?

Reactivate the existing license by notifying the Office. Signup and view all the answers

What is the main purpose of the course developed by the Suffolk County Department of Health Services?

To provide training in non-pesticide procedures and least toxic pesticide use Signup and view all the answers

Who must take the turf management course according to the stated requirements?

Individuals applying for home improvement contracting licenses and applying fertilizers Signup and view all the answers

What certification is awarded to landscapers upon successfully completing the training course?

I'm Organically Trained Signup and view all the answers

Which group is responsible for approving the training course?

Community Advisory Committee Signup and view all the answers

What is required for an applicant wanting to build and install swimming pools of over 24 inches in depth?

Certification from the Association of Pool and Spa Professionals or an approved equivalent Signup and view all the answers

Which of the following is NOT a requirement for obtaining the pesticide usage training?

Completion of a home improvement course Signup and view all the answers

What is the effective date of the local law that includes the turf management course requirement?

January 1, 2009 Signup and view all the answers

Who is excluded from the requirements outlined for pool building certification?

Licensed electricians or plumbers Signup and view all the answers

Which of the following services is included in home improvement contracting?

Carpentry and painting of residential structures Signup and view all the answers

What does the term 'home raising or home elevating services' specifically refer to?

Separation of a house from its foundation Signup and view all the answers

Which of the following statements about home maintenance is true?

It focuses on keeping a property in a state of repair. Signup and view all the answers

Which service is explicitly excluded from the definition of home improvement contracting?

Electrical work Signup and view all the answers

What is the role of a home improvement contractor?

To engage in contracting activities on residential properties Signup and view all the answers

Which of the following best describes the scope of home maintenance?

It is limited to simple repairs of existing facilities. Signup and view all the answers

Which of these services qualifies as an improvement to residential property under the home improvement contracting definition?

Installation of heating, ventilation, and air-conditioning ductwork Signup and view all the answers

The activities of which type of service are specifically excluded when considering home improvement contracting?

Electric utility installations Signup and view all the answers

Study Notes

Suffolk County Law Regarding Home Improvement Licenses

Legislative Findings: The county legislature aims to enhance consumer protection by licensing home improvement professionals.
Definitions (Business): Includes any occupation, profession, trade, craft, or hired calling.
Definitions (Commissioner/Director): Refers to the Commissioner of the Department of Labor, Licensing, and Consumer Affairs.
Definitions (Consumer): An individual who buys, leases, or agrees to buy/lease consumer goods/services or credit, including co-guarantors.
Consumer Goods, Services, Credit and Debts: Primarily for personal, household, or family use.
Definitions (Contract): An oral or written agreement covering work performance, including all associated labor, goods, and services.
Deceptive Trade Practices: Any misleading oral or written statement, visual description, or other representation relating to consumer credit, contracts, estimates, or invoices that deceives or misleads consumers. This includes:
Representations: False claims about sponsorship, approval, accessories, or qualities of goods or services. Misrepresentation of a seller's sponsorship, approval, or affiliation. Representing goods as new or original if they are used, altered, or reconditioned. Misrepresenting the quality, grade, style, or model of goods or services.
Exaggeration, Innuendo, or Ambiguity: Using exaggerated, misleading, or ambiguous language about a material fact.
Failure to State Material Fact: Failing to disclose a material fact in a way that deceives or is likely to deceive.
Disparaging Competition: Making false or misleading statements about another business's goods or services.
Offering Goods/Services without Intent: Offering goods or services that the seller has no intention of delivering or selling.
Misrepresenting Price Variations: Providing false or misleading information about price reductions or comparing prices to competitors or past/future prices.
Misrepresenting Rights/Remedies: Making false claims about consumer rights, remedies, or obligations in a transaction.
Misrepresenting Need for Services/Repairs: Making false claims that services or repairs are necessary for a product.
Misrepresenting Sale/Discount Prices: Providing false reasons for selling goods or services at a discounted rate.

Additional Information (Page 2)

Appointment Cancellations: Home improvement contractors are required to give proper notice if an appointment must be cancelled.
Department/Office: Refers to the Department of Labor, Licensing, and Consumer Affairs.
Engagements: Contracting or offering to contract.
Licensee: Persons licensed to perform work specified by the chapter.
Person: Individuals, partnerships, or other entities.
Temporary License: A time-limited license requiring the payment of a fee.

Unconscionable Trade Practices (Page 3)

Unfair Advantage: Acts or practices that take undue advantage of a consumer's lack of knowledge, ability, or experience.
Gross Disparity: A significant inequality in value exchange between the price and value received by the consumer.
Natural Disasters/Acts of God: Circumstances of a disaster (hurricane, tornado, etc.) should be explicitly stated by a county executive or a majority of the county legislature. The licensing director is responsible for investigation of any such case.

License Requirements (Pages 4-5)

Application Procedure: Apply in writing, with an application fee, and oath if a corporation. Includes individual applicant's address, and, if applicable, other employee or officer's addresses or identities.
Qualifications: Applicants must be 18 years or older, have good character, and demonstrate financial responsibility.
Issuance of License: Issuing a license to any applicant who meets the criteria.
Identification Requirements: Applications or renewals will need to be accompanied by a federal tax ID and state sales tax ID. Applicants are held accountable for representing that they are complying with US Code 8 §1324a, relating to the hiring of employees and payments for payroll taxes for their employees.

Contract Validity and Penalties (Pages 7-8)

Unenforceable Contracts: A contract where one party does not hold the applicable license is unenforceable by the licensed party and voidable by the other party, after a year of the effective date of the chapter.
Civil Penalties: The county will impose civil penalties for violations, up to $1,500 for a first violation, higher amounts for reoccurrences, suspension and revocation of license and denial of future license applications. Causes for penalties include:
Fraud, deceit, misrepresentation, or bribery.
False statements in license applications.
Violations of article or regulations.
Unlawful conduct as described in the article (i.e § 563-10).
Failure to maintain good character standing during the term of the license.
Failure to maintain financial responsibility.

Prohibited Acts and Responsibilities (Pages 8, 9)

Prohibited Conduct: The licensing director can take action against prohibited acts, including abandonment or deviation from contract specifications. Conduct by a licensee that would be deemed unconscionable. Publishing deceptive advertisements.
Director's Powers and Duties: Keeping records of licenses, issuing temporary ones, investigating applicants. Formulating rules and regulations, creating a manual of rules regarding investigations..

Additional License Procedures (Pages 10-14)

Duplicate Licenses: Issuing duplicates for lost or destroyed licenses or identification cards upon payment of fees.
Supplementary Licenses: If a licensee has multiple locations, they need a supplementary license for each additional location. It includes a payment for the per-annum fee for the supplementary license.

Identification Cards for Salesmans (Page 14)

Salesman Identification Cards: Employees who work for licensed home improvement contractors are required to have an identification card if they are engaging in business.
Transferral: A transfer of a license between owners or assigns carries over the identification cards automatically.

Penalties for Offenses (Page 10)

Misdemeanor: Failure to hold a license or being involved in any unlawful licensed business can be penalized as a misdemeanor with a fine or imprisonment.

Requirements to Provide License Information to Consumers (Page 10)

License Information: All licensees must provide required information (employee names, business address, license number, etc) to consumers in writing on contracts or receipts.

Home Improvement Contractor Regulations (Pages 11-13)

Definitions (Establishment, Financial Responsibility, etc): Further definitions related to home improvement contractors.
Home Improvement Contracts: Details on requirements for written contracts including dates, descriptions, of labor, costs of goods and materials, etc, and includes a statement that a contractor or subcontractor who does not get paid is eligible to file a claim under state lien laws.,
Prohibited Acts: Detailing of the various prohibited acts or omissions from standards.

Additional Exemptions and Requirements (Pages 15-17)

Exemptions: Providing exemptions for certain employees, professional engineers, and retail clerks of licensed contractors.
Reduced Fees and Licensing Boards: Allowing certain licensees to qualify for reduced licensing fees, based on some factors (income). Creating licensing boards for the overseeing of the fitness of applicants and handling issues with suspensions/revocations.
Temporary Licenses: Temporary licenses for 90-days are issued until a determination is made regarding issuance of a regular license.

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Description

This quiz covers the Suffolk County laws regarding home improvement licenses, aimed at enhancing consumer protection. Understand key definitions including consumers, contracts, and deceptive trade practices. Test your knowledge on the legal framework that governs home improvement professionals.