Suffolk County Law Regarding Home Improvement License PDF

Suffolk County Law Regarding Home Improvement License § 563-1 Legislative findings. The County Legislature hereby finds and determines that the health, safety and general welfare of the consumers of Suffolk County will be enhanced if provision is made for the licensing of persons engaged in the occu...

Suffolk County Law Regarding Home Improvement License § 563-1 Legislative findings. The County Legislature hereby finds and determines that the health, safety and general welfare of the consumers of Suffolk County will be enhanced if provision is made for the licensing of persons engaged in the occupations regulated by this chapter. § 563-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: BUSINESS Includes occupation, profession, trade, craft, or any other calling for hire. COMISSIONER or DIRECTOR The Commissioner of the Department of Labor, Licensing and Consumer Affairs. [Amended 12-17-2002 by L.L. No. 4-2003; 4-25-2017 by L.L. No. 12-2017] CONSUMER An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co- guarantor or surety. [Added 3-6-2007 by L.L. No. 6-2007] CONSUMER GOODS, SERVICES, CREDIT AND DEBTS Those which are primarily for personal, household or family purposes. [Added 3-6-2007 by L.L. No. 6-2007] CONTRACT An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services. DECEPTIVE TRADE PRACTICES Any false, falsely disparaging or misleading oral or written statement, visual description, or other representation of any kind, which has the capacity, tendency or effect of deceiving or misleading consumers or the consuming public and is made in connection with a contract, preparation of or performance of a work estimate or invoice, in the extension of consumer credit, or in the collection of consumer debts. Deceptive trade practices include but are not limited to: [Added 3-6-2007 by L.L. No. 6-2007] A. Representations that: (1) Goods or services have sponsorship, approval, accessories, characteristics, uses, benefits, or quantities that they do not have. (2) The seller has a sponsorship, approval, status, affiliation, or connection that he/she does not have. (3) Goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, or secondhand. (4) Goods or services are of a particular standard, quality, grade, style, or model, if they are of another. B. The use, in any oral or written representation, of exaggeration, innuendo or ambiguity as to a material fact. C. Failure to state a material fact if such failure deceived or tends to deceive. D. Disparaging the goods, services, or business of another by false or misleading representations of material facts. 1 E. Offering goods or services without intent to sell them. F. Offering goods or services without intent to supply reasonably expectable public demand unless the offer disclosed the limitation. G. Making false or misleading representations of facts concerning the reason for, existence of or amounts of price reductions, or the price in comparison to prices of competitors or one's own price at a past or future time. H. Falsely stating that a consumer transaction involves consumer rights, remedies, or obligations. I. Falsely stating that services, replacements, or repairs are needed. J. Falsely stating the reasons for offering or supplying goods or services at sale or discount prices. K. The failure by any person engaged in the delivery, pickup, inspection, or repair of consumer goods and/or services in the home to keep an appointment to perform the delivery of consumer goods and/or services on the day agreed upon with the consumer unless the consumer has received written or verbal notice of delay or cancellation before the end of the preceding business day. This provision shall not apply to the sale or delivery of utility services, home improvement contractors working under a contract, requests by consumers for same- day emergency service, cancellations of appointments by the consumer, delays caused by the consumer or failures to keep an appointment caused by strike or natural disaster. If unexpected circumstances, such as a mechanical breakdown, preclude notification by the end of the preceding business day, then no violation shall occur if actual notice is given to the consumer as soon as practicably possible. DEPARTMENT or OFFICE The Department of Labor, Licensing and Consumer Affairs. [Amended 12-17-2002 by L.L. No. 4-2003; 3-23-2010 by L.L. No. 7-2010; 4-25-2017 by L.L. No. 12-2017] ENGAGES The undertaking, offering to undertake, solicitation or agreement to perform a contract. LICENSEE A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter. PERSON Includes the definition contained in § 37 of the General Construction Law of the State of New York, as well as an individual, partnership, or other entity. TEMPORARY LICENSE A license issued to a person for a period of time to perform work in accordance with the conditions as specified by the Director, provided that the holder thereof pays the required license fee. [Amended 12-17-2002 by L.L. No. 4-2003] 2 UNCONSCIONABLE TRADE PRACTICE Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer or which results in a gross disparity between the value received by a consumer and the price paid by the consumer. "Unconscionable trade practice" shall include any acts or practices which unfairly take advantage of a sudden disaster, such as hurricanes, tornadoes, flooding, blizzards, explosions, airplane crashes, earthquakes, nuclear war, radiological emergencies, war, civil unrest or disobedience or acts of God and comparable acts which result in gross disparity between the value received by a consumer and the price ordinarily paid by the consumer in the absence of one of these above occurrences. The existence of such a disaster shall be established, for the purposes of this chapter, by a written declaration by either the County Executive or a majority of the entire membership of the County Legislature. The Director shall initiate investigation of such unconscionable trade practices immediately after any one of the natural disasters or other acts of God described above. [Added 3-6-2007 by L.L. No. 6-2007] § 563-3 License required; provisions of other legislation not affected. A. It is unlawful for any person, other than those exempt under the provisions of § 563-4, to engage in any business in the County regulated by this chapter without obtaining a license therefor from the Office in accordance with and subject to the provisions of this chapter. [Amended 12-17-2002 by L.L. No. 4-2003] B. A license issued pursuant to this chapter may not be construed to authorize the licensee to perform any work or engage in any business which is reserved to qualified licensees under separate provisions of state or local law or subsequent articles of this chapter. § 563-4 Exempt employees and operations. [Amended 3-23-2010 by L.L. No. 7-2010] The following are exempt employees or operations: A. 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, 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. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV). B. 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. C. 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. 3 § 563-5 Application procedure; information required; qualifications; issuance of license. A. All applications for licenses shall be submitted in writing on forms furnished by the Office and shall be accompanied by a nonrefundable application fee in the amount set forth in the appropriate article of this chapter. [Amended 6-21-1994 by L.L. No. 13-1994] B. The license application shall be filed by an actual owner or partner of a business and shall be signed under oath. Where a corporation is an applicant or a participant in an application, the application shall be signed under oath by an officer of such corporation. C. All applications shall include the residence address of the individual who subscribes his name to the application. D. The Director may require the names and residence addresses of any employees or officers of the applicant, in addition to any other information which he may deem advisable and proper. [Amended 12-17-2002 by L.L. No. 4-2003] E. Except as otherwise provided in this article, an individual applicant must be at least 18 years of age, of good character and financially responsible. A licensee must maintain good character standing and maintain financial responsibility during the term of the licensee's license(s) and/or certificate(s). [Amended 3-23-2010 by L.L. No. 7-2010] F. The Director shall investigate such applicant as to good character before he shall issue the applicant a license. [Amended 12-17-2002 by L.L. No. 4-2003] G. Applicants shall meet such further qualifications as may be prescribed by this article and any other appropriate article of this chapter. H. The Office shall issue a license or temporary license to each applicant who has submitted satisfactory evidence of his qualifications and who has complied with all of the requirements of this article and any other appropriate article of this chapter. [Amended 12-17-2002 by L.L. No. 4-2003] I. No applicant for a license or license renewal shall have any outstanding judgment for child support against him or her or be in arrears in child-support payments as determined by official court records or official government records, at the time an application is filed for such license or license renewal. If an applicant has such a judgment against him or her, or is in such arrears, but is current in payments on a judicially approved, or Child Support Enforcement Bureau sanctioned, payment schedule to pay off or reduce such judgment or arrears, then such individual shall not be deemed ineligible for a license or license renewal on the grounds of such judgment or arrears. At least 30 days prior to the expiration of a license, the Office shall send a written notice to a licensee informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with child-support obligations. If necessary, a second written notice shall be sent by the Office to a licensee 60 days after the license has lapsed, informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with the child-support obligations. In addition, the County Department of Social Services, through its Child Support Enforcement Bureau, shall notify all current noncustodial parents of the obligations contained herein. [Added 6-21-1994 by L.L. No. 13-1994; amended 6-6-2000 by L.L. No. 11-2000] 4 J. All license applications or renewals shall include 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. [Added 9-8-1995 by L.L. No. 31-1995] K. All license applications shall include a representation by the applicant that he or she is in compliance with 8 U.S.C. § 1324a, with respect to the hiring of employees. If such representation is not made, a license shall not be issued. An applicant shall be obligated to continue to comply with the requirements of 8 U.S.C. § 1324a during the term of his or her license, and his or her failure to so comply, as determined by the Director after an investigation by the Suffolk County Department of Labor or based upon a finding of a federal court, agency or administrative law judge under the procedures set forth in 8 U.S.C. § 1324a, shall constitute grounds for the imposition of a fine or the suspension or revocation of a license or the denial of an application for the renewal of a license, in accordance with the applicable provisions of this chapter. [Added 5-13-2008 by L.L. No. 16-2008] L. All applications shall include a representation by the applicant that he or she is making all required payroll tax payments for his or her employees, including Social Security taxes, Medicare taxes, and state and federal unemployment taxes. If such representation is not made, a license will not be issued. The applicant's failure to make required payroll tax payments during the term of his or her license, as determined by the Director after an investigation by the Suffolk County Department of Labor or based upon a finding of a federal or state court, administrative law judge, hearing officer, or agency of competent jurisdiction, shall constitute grounds for the imposition of a fine or the suspension or revocation of a license or the denial of an application for the renewal of a license, in accordance with the applicable provisions of this chapter. [Added 5-13-2008 by L.L. No. 16-2008] § 563-6 Term of licenses; renewal; conditions; display required. [Amended 12-22-1987 by L.L. No. 1-1988; 6-6-1989 by L.L. No. 19-1989; 12-17-2002 by L.L. No. 4-2003] A. All licenses, except temporary licenses, shall be for a period of two years from the date of issuance thereof at the discretion of the Office and shall expire on the last day of the 24th month of such issuance. Subsequent renewals shall be for periods of two years. B. No license issued hereunder shall be assignable or transferable. C. 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. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV). D. If an individual licensee enters the Armed Forces of the United States, his license shall continue in force after the date of his entrance into the Armed Forces until six months after the date of termination of his first enlistment. If such licensee does not apply for renewal within this period, his license shall terminate without any notice or action by the Office. E. The death of an individual who holds a valid license issued pursuant to this chapter shall terminate such license. 5 F. A license issued in the name of an individual may be assigned or transferred for the remainder of the license period to a partnership, corporation or other entity, provided that the individual holding such license is a general partner of such partnership, the owner of not less than 25% of the outstanding voting shares of such corporation or the holder of not less than a twenty-five-percent interest in any other entity at the time of the assignment or transfer. The application for such transfer or assignment must be accompanied by evidence satisfactory to the Director that the above set forth requirements have been satisfied. No assignment or transfer shall become effective until proper endorsement evidencing said transfer or assignment has been made on the face of the license by the Director and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made by the payment of a fee of $25. G. A license issued pursuant to this chapter shall be conspicuously posted in the place of business of the licensee. H. Each individual licensee shall, within seven business days after a change of control of ownership or of management, apply for the assignment or transfer of a license specified in Subsection F, or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Office in writing of such change. I. No licensee shall authorize or permit the use of his license by or on behalf of any other person. J. Each licensee shall, within seven business days after a change of address or trade name, notify the Office, in writing, of such change. K. A licensee may utilize his license for more than one entity in the same business with the issuance of a supplementary license pursuant to the provisions of § 563-7B, provided that the licensee holds more than a fifty-percent interest in each additional entity to be so licensed. Evidence satisfactory to the Director must accompany the application for such a supplementary license. L. A licensee who determines not to engage in the business regulated herein may make an application to the Office to inactivate temporarily his license issued pursuant to this article for a period not to exceed three years. The licensee will submit with the application for shelving said license a fee of $50 for each annual period of inactivity sought. Each shelving application shall be considered by the occupational licensing board which has jurisdiction over said license, and the Board shall recommend to the Director such action as it deems appropriate. § 563-7 Duplicate and supplementary licenses; fees. [Amended 12-17-2002 by L.L. No. 4-2003] A. A duplicate license may be issued for a license which has been lost, destroyed, or mutilated, upon application therefor on a form prescribed by the Director and the payment of a fee of $25. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces. B. A licensee shall obtain a supplementary license for each additional place of business maintained by such licensee within the County of Suffolk upon application therefor on a form prescribed by the Director and the payment of a per-annum fee of $50. Each such supplementary license shall have the word "supplementary" stamped across the face thereof, shall bear the same number as the original and shall be conspicuously posted in each additional place of business. 6 § 563-8 Effect on validity of contracts. A contract entered into after one year after the effective date of the appropriate article of this chapter by a person who engages in a business regulated by this chapter, who on the date of the contract does not possess a valid license to engage in such business, is unenforceable by him and voidable at the option of any other party to the contract rendered or to be rendered to such party. Nothing contained herein shall be construed to prevent any other party to the contract from enforcing its terms. § 563-9 Civil penalties. [Amended 6-21-1994 by L.L. No. 13-1994; 6-6-2000 by L.L. No. 11-2000; 10-3-2000 by L.L. No. 27-2000; 12- 17-2002 by L.L. No. 4-2003] A. In addition to any other penalties provided pursuant to this article or pursuant to any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter 387, Consumer Protection, of the Suffolk County Code, the Director shall have the power to impose a civil penalty upon a person not to exceed $750 for a first violation and $1,500 for any subsequent violation or to suspend or revoke a license or to deny an application for a license or the renewal of a license for any one or more of the following causes: [Amended 3-6-2007 by L.L. No. 6-2007; 3-23-2010 by L.L. No. 7-2010] (1) Fraud, deceit, misrepresentation, or bribery in securing or attempting to secure a license. (2) The making of any false statement in an application for a license. (3) Violation of any provision of this article or any rule or regulation promulgated thereunder. (4) Violation of any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter 387, Consumer Protection, of the Suffolk County Code. (5) Engaging in prohibited acts as defined in § 563-10 of this article. (6) Conducting a business regulated by this article without a valid license. (7) Failing to maintain good character standing during the term of the license(s) and/or certificate(s). (8) Failing to maintain financial responsibility during the term of the license(s) and/or certificate(s). B. The Director shall have the power to suspend or revoke a license or to deny an application for renewal of a license based on a violation of Chapter 433, Dumping and Littering, of the Suffolk County Code or a violation of any state, town or village law, ordinance or regulation prohibiting dumping on public lands. [Added 11-18-2008 by L.L. No. 45-2008] C. No license shall be suspended or revoked nor a fine imposed until after a hearing has been held before the Director upon at least seven business days' notice to the person. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the person and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such person. The person may be represented by counsel and may produce witnesses in his/her/its own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Director may administer oaths, take testimony, subpoena witnesses, and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing. [Amended 3-23-2010 by L.L. No. 7-2010] 7 § 563-10 Prohibited acts. [Amended 3-6-2007 by L.L. No. 6-2007; 5-13-2008 by L.L. No. 16-2008; 3-23-2010 by L.L. No. 7-2010] In addition to any prohibitions contained in this article or in any other County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter 387, Consumer Protection, of the Suffolk County Code, the following acts are prohibited: A. Abandonment or willful failure to perform, without justification, any contract engaged in by a licensee. B. Willful deviation from or disregard of contract specifications or estimates in any material respect without the consent of the contracting party. C. Engaging in deceptive or unconscionable trade practices in the solicitation or procurement of a contract, or in the preparation of or performance of a work estimate or invoice, or in the collection of debts incurred for consumer goods and services. D. Directly or indirectly publishing any advertisement relating to goods or services offered by the licensee which contains an assertion, representation or statement of fact which is false, deceptive, or misleading, provided that any advertisement which is subject to and complies with the then-existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive, or misleading. E. Advertising or purporting to offer the general public any contract with the intent not to accept said contract for the particular work at the price which is advertised to the public. F. Conducting a business in any name other than the one for which the licensee holds a license except pursuant to the provisions of § 563-6K. G. Failure to comply with the provisions of § 563-6H and J. H. Offering, as an inducement to enter into a contract, a promise or offer to pay credit or provide any compensation or reward for the buyer's procurement of a contract with another. I. Willful failure to comply with any lawful order, demand or requirement made by the Director or the office or the local authorities having jurisdiction over the work being performed. J. Discrimination against any employee or applicant for employment with respect to the recruiting, hiring or discharge of such employee or applicant for employment, because of race, creed, color, national origin, sex, age, gender, disability, sexual orientation, military status, or marital status or, in the case of a citizen or national of the United States or an alien who is lawfully admitted for permanent or temporary residence, or a refugee or an individual who is granted asylum, because of such individual's citizenship status. K. Willful or deliberate or negligent disregard or violation of building, sanitary, fire and/or health laws of the state or of any political subdivision thereof in which the work is performed. [Added 5-11-2021 by L.L. No. 15-2021] § 563-11 Powers of Director; disposition of fees; liability. [Amended 6-27-1975 by L.L. No. 12-1975; 5-10-1983 by L.L. No. 9-1983; 12-17-2002 by L.L. No. 4-2003] 8 A. In addition to the powers and duties elsewhere prescribed in this chapter, the Director shall have the power to: (1) Keep records of all licenses issued, suspended, or revoked and all fines adjudged. (2) Issue temporary licenses as may be necessary. (3) Promulgate such rules and regulations not inconsistent with the provisions of this chapter as may be necessary with respect to the form and content of applications for licenses, reception thereof, investigation of applicants and their qualifications, the conduct, including advertising, of occupations regulated by this chapter and other matters incidental or appropriate to his powers and duties as prescribed by this chapter and for the proper administration and enforcement of the provisions of this chapter; and to amend or repeal any such rules and regulations. (4) Require any applicant for a home improvement contractor license or a home appliance repair contractor license, or any such licensee, as evidence of financial responsibility, to post a surety bond, in an amount to be set by the Director, but in no event to exceed $100,000, and/or to furnish certificates of public liability and property damage insurance in the amount of $500,000 per occurrence combined single limit. [Amended 3-6-2007 by L.L. No. 6-2007] (5) In addition to the requirements of § 563-11A(4) above, any home improvement contractor who is performing home raising/elevating services, as those terms are defined in Article II of this chapter, shall obtain insurance coverage for those services, which coverage shall include a riggers liability extension endorsement or similar endorsement to insure against damage to a homeowner’s movable and immovable property. The amount of insurance coverage required under this § 563-11A (5) shall be a minimum of $500,000 per occurrence, including bodily injury, property damage and contractual liability, with an aggregate limit of at least $2,000,000. [Added 7-30-2013 by L.L. No. 36-2013] Editor’s Note: This local law also renumbered former Subsection A (5) as Subsection A(6). (6) Require reasonable information of an applicant or licensee, including the production of books, papers, records, and other documents. B. No rule or regulation may be promulgated pursuant to Subsection A(3) herein unless a public hearing is held by the Director. At least seven business days' prior notice of such a public hearing shall be published in the official newspapers of the County. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the office of the Clerk of the County Legislature. C. Whenever in this chapter the Director is empowered to or charged with the responsibility to do or perform any act, he may deputize, in writing, any officer or employee of the Office to do or perform the act in his place and stead. D. Disposition of money received. All fees received by the Office pursuant to the provisions of this chapter shall be remitted to the County Comptroller for deposit in the general fund of the County within 30 days after they are received. [Amended 6-17-2014 by L.L. No. 32-2014] E. Liability for damage. This chapter shall not be construed to relieve from or lessen the responsibility of any person licensed under the provisions hereof for any loss of life or damage to person or property, nor shall the County of Suffolk be deemed to have assumed any such liability by reason of the issuance of any license. 9 § 563-12 Penalties for offenses. [Amended 7-2-2004 by L.L. No. 22-2004; 3-23-2010 by L.L. No. 7-2010] In addition to any civil penalties imposed by the Director pursuant to this article or pursuant to any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter 387, Consumer Protection, of the Suffolk County Code, any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense. § 563-13 Injunctive relief. [Amended 12-17-2002 by L.L. No. 4-2003.] Upon application of the Director, the County Attorney or the District Attorney may commence an action in the name of the County to restrain, prevent and enjoin a violation of this chapter or any rule or regulation promulgated hereunder or any continuance of such violation. § 563-14 Effect on existing licenses. A license issued by any governmental agency prior to the effective date of the appropriate article of this chapter shall continue to remain in full force and effect until its expiration or termination unless sooner revoked or suspended for cause. § 563-15 Review of administrative determinations. [Amended 12-17-2002 by L.L. No. 4-2003] The action of the Director in adjudging fines or suspending, revoking, or refusing to issue or renew a license may be reviewed by a proceeding brought under and pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. § 563-15.1 Requirement to provide license information to consumers. [Added 5-11-2021 by L.L. No. 15-2021] A. A licensee shall provide to the consumer in writing the service employee's name, the business name, address, telephone number, and the license number issued by the County. This shall be written on the licensee's contract or paid receipt provided to the consumer and may also be shown on a separate writing provided to the consumer. B. If applicable, a licensee shall provide to the consumer, in writing, all subcontractor employee names, the business name, address, telephone number, and the license number issued by the County. This shall be written on the licensee's contract or paid receipt provided to the consumer and may also be shown on a separate writing provided to the consumer. C. The Commissioner may promulgate such rules as may reasonably effectuate this section. 10 Article II Home Improvement Contractors Editor's Note: See also Ch. 346, Home Improvement, Art. I, Licensed Home Improvement Contractor Restitution Fund. § 563-16 Definitions. As used in this article, the following terms shall have the meanings indicated: ESTABLISHMENT Any shop, residence, place, or premises from which a home improvement contracting business is transacted. FINANCIAL RESPONSIBILITY Knowledge of the extent of liability and risks to which home improvement contractors expose themselves when accepting a home improvement license in Suffolk County, including knowledge as to the need to furnish certificates of public liability and property damage, insurance, as well as proof of workers' compensation, if required by law, and fees for the license. [Added 7-8-1986 by L.L. No. 19-1986] HOME IMPROVEMENT CONTRACTING Excluding work in the electrical and plumbing fields as defined by § 563-126 of this chapter, 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 painting of residential structures; carpentry; fencing; driveways; exterminating; flooring; ductwork for heating, ventilation and air-conditioning systems; masonry; roofing; siding; the construction, installation and/or servicing of swimming pools and portable and permanent spas; and waterproofing; as well as other improvements to structures or upon land which are part of residential property, including landscaping and arboriculture, which as used herein shall mean tree sprayers, tree pruners, tree stump removers and all other tree services; but 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 5-10-1983 by L.L. No. 10-1983; 9-22-1987 by L.L. No. 38-1987; 10-23-1990 by L.L. No. 37-1990; 12- 15-1998 by L.L. No. 2-1999; 3-6-2007 by L.L. No. 6-2007; 6-4-2013 by L.L. No. 27-2013; 7-30-2013 by L.L. No. 36-2013] HOME IMPROVEMENT CONTRACTOR A person who engages in home improvement contracting upon residential property. HOME RAISING OR HOME ELEVATING SERVICES 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 7-30-2013 by L.L. No. 36-2013] HOME MAINTENANCE 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 6-27-1975 by L.L. No. 12-1975] 11 OWNER 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. RESIDENTIAL PROPERTY One- or two-family houses and property associated therewith. SALESMAN 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. § 563-17 License required. [Amended 7-8-1986 by L.L. No. 19-1986] A. It is unlawful for any person to engage in any business as a home improvement contractor without obtaining a license therefor from the office in accordance with and subject to the provisions of this article and Article I. Every licensee shall maintain an establishment within the State of New York. [Amended 6-21-1994 by L.L. No. 13-1994] B. An individual applicant shall demonstrate to the satisfaction of the Director or his designee a basic understanding of the financial responsibility incurred by such licensing as evidenced by a written test administered by the Office to verify the applicant's knowledge of the requirements, terms and conditions of this chapter. [Amended 12-17-2002 by L.L. No. 4-2003] C. All certificates of public liability and property damage insurance and workers' compensation shall be furnished to the Office 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. [Amended 12-17-2002 by L.L. No. 4-2003; 9-15-2011 by L.L. No. 49-2011] D. All advertising for home improvement contracting shall contain the number of the home improvement license issued pursuant to this chapter. E. The Suffolk County Department of Health Services, in conjunction with the County Division of Vector Control, shall develop a three-hour course, certified by the Suffolk County Office of Consumer Affairs after approval by the Community Advisory Committee established pursuant to § 647-7 of the Suffolk County Code, to provide training in the use of non-pesticide procedures and the least toxic pesticide use under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). The course shall be available to pesticide applicators certified by the NYSDEC to use or supervise the use of pesticides in the State of New York, people who are working under the supervision of certified applicator, or those who do not use pesticides as defined by FIFRA but are licensed through the Home Improvement Division of the Suffolk County Office of Consumer Affairs. Any landscaper successfully completing this course shall be issued a certificate by the County Office of Consumer Affairs stating, "I'm Organically Trained." [Added 9-12-2000 by L.L. No. 25-2000] 12 F. Every person applying under this chapter for a license to engage in, or applying for the renewal of a license to engage in, home improvement contracting, as that term is used in this chapter, and who applies any fertilizer in the operation of such home contracting business shall take a turf management course approved by the Commissioner of the Department of Environment and Energy, pursuant to rules, regulations and standards to be promulgated by the Department of Environment and Energy. [Added 12-18-2007 by L.L. No. 41-2007] Editor's Note: This local law provided an effective date of 1-1-2009. For additional provisions found in this local law, see Ch. 459, Fertilizer, Art. II, Sales and Use. G. Any applicant seeking a license to engage in, or applying for the renewal of a license to engage in, home improvement contracting, and who builds and installs swimming pools and permanent spas over 24 inches in depth, must provide proof that he or she has obtained the Association of Pool and Spa Professionals’ Certified Building Professionals certification or other pool building certification approved by the Commissioner and demonstrate a minimum of two years of experience in the building and installation of pools. These requirements shall not apply to individuals licensed as electricians or plumbers pursuant to Article XI of this chapter. [Added 6-4-2013 by L.L. No. 27-2013] H. Any applicant seeking a license to engage in, or applying for the renewal of a license to engage in, home improvement contracting, and who services the plumbing, heating and/or the electrical elements of swimming pools, permanent spas and/or portable spas, must provide proof that he or she has obtained the Association of Pool and Spa Professionals’ Certified Service Technician, Certified Service Professional or Certified Builder Professional certification, or other equivalent certification program approved by the Commissioner, and demonstrate a minimum of two years of experience and training in such servicing. These requirements shall not apply to individuals licensed as electricians or plumbers pursuant to Article XI of this chapter. [Added 6-4-2013 by L.L. No. 27-2013] I. Applicants seeking to renew a license to engage in home improvement contracting and who engage in the building, installation or servicing of swimming pools, permanent spas and/or portable spas must provide documentation that the applicant has obtained a minimum of six hours of continuing education in their industry since their last license application or renewal. [Added 6-4-2013 by L.L. No. 27-2013] Editor’s Note: This local law also redesignated former Subsection G as Subsection J. J. No applicant for a license renewal shall have any outstanding judgment for child support against him or her or be in arrears in child-support payments as determined by official court records or official government records, at the time an application is filed for such license renewal. If an applicant has such a judgment against him or her, or is in such arrears, but is current in payments on a judicially approved payment schedule to pay off or reduce such judgment or arrears, then such individual shall not be deemed ineligible for a license renewal on the grounds of such judgment or arrears. At least 30 days prior to the expiration of a license, the Office shall send a written notice to a licensee informing said licensee of his or her obligation to comply with the provisions of this article pertaining to compliance with child-support obligations. If necessary, a second written notice shall be sent by the Office to a licensee 60 days after the license has lapsed informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with the child-support obligations. In addition, the County Department of Social Services, through its Child Support Enforcement Bureau, shall notify all current noncustodial parents of the obligations contained herein. [Added 6-21-1994 by L.L. No. 13-1994; amended 6-6-2000 by L.L. No. 11-2000; 9-12-2000 by L.L. No. 25-2000] 13 § 563-18 Identification cards for salesmen. A. It is unlawful for any salesman, other than the individual who subscribes his name to the application for a home improvement contracting license pursuant to the provisions of § 563-5, to engage in any business on behalf of a home improvement contractor without obtaining an identification card from the Office, subject to and in accordance with the provisions of this article and Article I. A salesman shall obtain an identification card for each licensed home improvement contracting business for which he is engaged. [Amended 12-17-2002 by L.L. No. 4-2003] B. No identification card shall be issued unless a valid home improvement contracting license has been issued to the home improvement contractor on whose behalf such salesman is engaged. C. A transfer on assignment of a license pursuant to the provisions of § 563-6F shall be deemed to transfer or assign without charge the identification cards of salesmen engaged by the original licensee. D. The provisions of § 563-6K shall be inapplicable to salesmen. § 563-19 Fees. [Amended 6-27-1975 by L.L. No. 12-1975; 6-6-1989 by L.L. No. 19-1989; 11-30-2001 by L.L. No. 23-2001; 12- 17-2002 by L.L. No. 4-2003] A. An application fee of $200 shall accompany each application for a home improvement contracting license. [Amended 8-5-2008 by L.L. No. 32-2008] B. The fee for a home improvement contracting license or renewal thereof shall be $200 per annum. C. The fee for an identification card or renewal thereof shall be $50 per annum for each salesman. No fee shall be charged for an application for a salesman's identification card. D. The fee for additional identification cards issued to a salesman who is engaged for more than one licensee shall be $50 per annum for each additional card and for renewal thereof. E. The license fee for an applicant qualifying under the provisions of § 563-24 shall be 1/2 of the fee as set forth in Subsection B of this section. § 563-20 Suspension or revocation of identification cards. A. An identification card issued to a salesman may be suspended or revoked in the same manner as a license may be suspended or revoked pursuant to this chapter. B. The provisions of § 563-9 with respect to fines shall be inapplicable to salesmen. C. The acts of a salesman carried out in the ordinary course of business shall be deemed to be the acts of the licensee, and such licensee shall be responsible for such acts pursuant to the provisions of this article and Article I. D. The suspension or revocation of a home improvement contracting license shall automatically suspend or revoke all identification cards issued to salesmen engaged by such licensee. 14 § 563-21 Prohibited acts. The following acts are prohibited: A. Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or any document incident to a transaction. B. Preparing or executing any mortgage, promissory note or other evidence of indebtedness upon the obligation of the transaction with knowledge that it represents a greater monetary obligation than the agreed consideration for work performed. C. Failure to enter into a written contract for work to be performed which specifies starting and completion dates, description of costs of labor and materials. D. (Reserved) Editor's Note: Former Subsection D, which prohibited the willful or deliberate disregard in the violation of government building, sanitary, fire and health laws of the state or any political subdivision thereof in which work is performed, was repealed 5-11-2021 by L.L. No. 15-2021. E. A failure to abide by any provision of § 771 of the New York State General Business Law. [Added 3-23-2010 by L.L. No. 7-2010] § 563-22 Temporary license pending issuance of permanent license. [Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003] A. The Office shall issue a temporary license to any applicant for a home improvement contracting license if the Office has not, within 30 days after receipt of the application for such license, approved or disapproved the application. B. The temporary license shall be for a period of 90 days. If within such ninety-day period the Office shall have failed to approve or disapprove the application, the Office shall then issue a regular license to the applicant. If the application is approved during the term of the temporary license, the Office shall issue a regular license to the applicant. C. The fee for a temporary license shall be $50 per annum. The fee for a regular license issued to replace a temporary license shall be $150 for the first full year. D. A regular license issued pursuant to the provisions of Subsection B shall expire on the last day of the 24th month following the issuance of the temporary license. § 563-23 Exempted operations. No license or identification card shall be required of: A. An employee, other than a salesman or a person acting as a salesman, who performs labor or services for a licensed home improvement contractor for wages or salary. 15 B. 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. [Amended 7-22-1975 by L.L. No. 15-1975] C. A contractor engaged in the field of home maintenance or decorating. [Amended 7-22-1975 by L.L. No. 15-1975; 5-10-1983 by L.L. No. 10-1983; 9-22-1987 by L.L. No. 38-1987] D. Any retail clerk, clerical, administrative or other employee of a licensed home improvement contractor who transacts business from an establishment. § 563-24 Reduced license fees. [Added 6-27-1975 by L.L. No. 12-1975; amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4- 2003] An applicant may qualify for a reduced license fee in accordance with § 563-19E if the applicant's net business or related personal income from the home improvement contracting business does not exceed $20,000 per annum, and further provided that such applicant is not incorporated. The Director may require such proof of eligibility under this provision as he may deem advisable and proper. § 563-25 Licensing board. [Added 10-26-1982 by L.L. No. 25-1982] A. Board. The County Executive, with the approval of the legislative body, shall appoint a seven-member Home Improvement Contracting Board to serve for a three-year term. Said Board shall determine the fitness of applicants for a home improvement contracting license and shall investigate and report on all proposed suspensions or revocations of licenses as hereinafter provided. Said Board shall be composed of individuals having a personal knowledge and interest in home improvement contracting, such as representatives of labor, management, trade or professional associations, and appropriate representatives of government. A Licensing Director shall be appointed by the Director and shall serve as secretary of the Board. The Director shall serve as a nonvoting ex officio member of such Board. [Amended 12-17-2002 by L.L. No. 4-2003] B. For the initial appointment only, three members of the Board shall be appointed for three-year terms, two members for two-year terms and two members for one-year terms. All appointments thereafter shall be for a three-year term. C. Compensation. Each member of the Board shall be compensated at the rate of $100 for each official meeting thereof attended in pursuance of the duties of said Board, but not more than $1,500 in any calendar year. [Amended 11-25-1997 by L.L. No. 25-1997] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV). D. Powers and duties. The licensing board shall have the following powers and duties: (1) To hold meetings at regular times and places for the efficient discharge of the responsibilities and duties of the Board. (2) To make rules for the conduct of its meetings and to keep a minute book of its proceedings, including a record of its examinations and other official actions. (3) To examine the qualifications and fitness of applicants applying for licenses under this article. 16 (4) To authorize the Director to issue a home improvement contracting license. [Amended 12-17-2002 by L.L. No. 4-2003] (5) To conduct meetings and, after a hearing at which all interested parties are afforded a sufficient opportunity to be heard, submit recommendations to the Director relating to the suspension or revocation of home improvement contracting licenses for cause. [Amended 12-17-2002 by L.L. No. 4-2003] (6) To keep records of licenses issued, suspended, or revoked and to make such records available for public inspection. (7) To prepare a manual of rules and regulations for the conduct of examinations and to furnish copies thereof to persons desiring the same. (8) To formulate and recommend to the County Legislature, for adoption or amendment, a code of rules governing home improvement contracting, including the materials, workmanship and manner of executing such work. Before making such recommendations, the Board shall confer and meet with the representatives of the home improvement contracting industry and hold a hearing on the proposed rules. Reasonable prior notice of the time and place of such hearing shall be given by publication in the official newspapers of the County. (9) To formulate and recommend to the County Legislature, for adoption or amendment, rules and standards for the issuance, suspension and revocation of licenses and identification cards, including the conditions for the issuance of same, the type of examination required, the terms and fees and the conditions upon and the circumstances under which the same may be revoked or suspended. 17 New York State Business Law Article 36-A Home Improvement Contracts § 770 Definitions. As used in this article, the following terms, unless the context requires otherwise, shall have the following meanings: 1. PERSON Means a natural person. 2. OWNER Means any homeowner, co-operative shareholder owner, or residential tenant, or any person who purchases a custom home as defined in this section. 3. HOME IMPROVEMENT Means 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 or the furnishing of home improvement services. “Home Improvement” shall not include: (a) The sale or construction of a new home, other than a custom home as defined in this section; (b) 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; (c) 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; (d) The sale or installation of decorative goods or services, such as draperies and carpets; or (e) The performance of repairs, replacements, or other services pursuant to an express or implied warranty, or a maintenance agreement as defined in section three hundred ninety-five-a of this chapter. 4. HOME IMPROVEMENT GOODS OR SERVICES Means goods and services which are bought in connection with home improvement. Such home improvement goods and services include burglar alarms, texture coating, fencing, air conditioning, 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 a part of real property whether or not severable therefrom. 5. HOME IMPROVEMENT CONTRACTOR Means 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 one thousand five hundred dollars during any period of twelve consecutive months. Home Improvement contractor does not include a person, firm, corporation, landlord, cooperative corporation, condominium board of managers, joint tenant or co-tenant that owns, in whole or in part, the property to be improved. 6. HOME IMPROVEMENT CONTRACT Means an 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 five hundred dollars. 7. CUSTOM HOME Means a new single-family residence to be constructed on premises owned of record by the purchaser at the time of contract, provided that such residence is intended for residential occupancy by such purchaser and the contract of sale is entered into on or after the first day of March, nineteen hundred ninety. 18 § 771 Contract provisions. 1. Every Home Improvement contract subject to the provisions of this article, and all amendments thereto, shall be evidenced by a writing and shall be signed by all the parties to the contract. The writing shall contain the following: (a) The name, address, telephone number and license number, if applicable, of the contractor. (b) The approximate dates, or estimated dates, when the work will begin and be substantially completed, including a statement of any contingencies that would materially change the approximate or estimated completion date. In addition to the estimated or approximate dates, the contract shall also specify whether or not the contractor and the owner have determined a definite completion date to be of the essence. (c) A description of the work to be performed, the materials to be provided to the owner, including make, model number or any other identifying information, and the agreed upon consideration for the work and materials. (d) A notice to the owner purchasing the Home Improvement that the contractor or subcontractor who performs on the contract or the materialman who provides Home Improvement goods or services and is not paid may have a claim against the owner which may be enforced against the property in accordance with the applicable lien laws. Such Home Improvement contract shall also contain the following notice to the owner in clear and conspicuous bold face type: “Any contractor, subcontractor, or materialman who provides Home Improvement goods or services pursuant to your Home Improvement contract and who is not paid may have a valid legal claim against your property known as a mechanics lien. Any mechanics lien filed against your property may be discharged. Payment of the agreed-upon price under the Home Improvement contract prior to filing of a mechanics lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanics lien”. (e) A notice to the owner purchasing the Home Improvement that, except as otherwise provided in paragraph (g) of this subdivision, the Home Improvement contractor is legally required to deposit all payments received prior to completion in accordance with subdivision four of section seventy-one-a of the lien law and that, in lieu of such deposit, the Home Improvement contractor may post a bond, contract of indemnity or irrevocable letter of credit with the owner guaranteeing the return or proper application of such payments to the purposes of the contract. (f) If the contract provides for one or more progress payments to be paid to the Home Improvement contractor by the owner before substantial completion of the work, a schedule of such progress payments showing the amount of each payment, as a sum in dollars and cents, and specifically identifying the state of completion of the work or services to be performed, including any materials to be supplied before each such progress payment is due. The amount of any such progress payments shall bear a reasonable relationship to the amount of work to be performed, materials to be purchased, or expenses for which the contractor would be obligated at the time of payment. (g) If the contract provides that the Home Improvement contractor will be paid on a specified hourly or time basis for work that has been performed or charges for materials that have been supplied prior to the time that payment is due, such payments for such work or materials shall not be deemed to be progress payments for the purposes of paragraph (f) of this subdivision, and shall not be required to be deposited in accordance with the provisions of paragraph (e) of this subdivision. 19  (h) A notice to the owner that, in addition to any right otherwise to revoke an offer, the owner may cancel the Home Improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract. Cancellation occurs when written notice of cancellation is given to the Home Improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound. Notwithstanding the foregoing, this paragraph shall not apply to a transaction in which the owner has initiated the contact and the Home Improvement is needed to meet a bona fide emergency of the owner, and the owner furnishes the Home Improvement contractor with a separate dated and signed personal statement in the owners handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the Home Improvement contract within three business days. For the purposes of this paragraph the term “owner” shall mean an owner or any representative of an owner. 2. The writing shall be legible, in plain English, and shall be in such form to describe clearly any other document which is to be incorporated into the contract. Before any work is done, the owner shall be furnished a copy of the written agreement, signed by the contractor. The writing may also contain other matters agreed to by the parties to the contract. 20