§ 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.

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]

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.

Added 7-8-1986 by L.L. No. 19-1986