Download Suffolk County Law Regarding Licensed Occupations Home Improvement Test Study Guide 2024/2 and more Exams Law in PDF only on Docsity!
Suffolk County Law Regarding Licensed
Occupations Home Improvement Test Study
Guide 2024/
563 - 1 Legislative Findings: - ANS-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 - 10 Prohibited Acts - ANS-Abandonment, estimates in any material respect without the consent of the contracting party, Conducting a business in any name other than the one for which the licensee holds a license 563 - 12 Penalties for offenses - ANS-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 - ANS-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 - ANS-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 - ANS-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 - 17 License required - ANS-It is unlawful for any person to engage in any business as a home improvement contractor without obtaining a license. Every licensee shall maintain an
establishment within the State of New York. 563 - 18 Identification cards for salesmen - ANS-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 563 - 19 Fees - ANS-A. An application fee of $200 shall accompany each application for a home improvement contracting license. B. The fee for a home improvement contracting license or renewal thereof shall be $ per annum. 563 - 2 Business - ANS-Includes occupation, profession, trade, craft or any other calling for hire. 563 - 2 COMISSIONER or DIRECTOR - ANS-The Commissioner of the Department of Labor, Licensing and Consumer Affairs. 563 - 2 CONSUMER - ANS-An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety. 563 - 2 CONSUMER GOODS, SERVICES, CREDIT AND DEBTS - ANS-Those which are primarily for personal, household or family purposes. 563 - 2 CONTRACT - ANS-An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services. 563 - 2 DECEPTIVE TRADE PRACTICES - ANS-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. 563 - 2 DEPARTMENT or OFFICE - ANS-The Department of Labor, Licensing and Consumer Affairs. 563 - 2 ENGAGES - ANS-The undertaking, offering to undertake, solicitation or agreement to perform a contract. 563 - 2 LICENSEE - ANS-A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter. 563 - 2 PERSON - ANS-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.
563 - 4 EXEMPT EMPLOYEES - ANS-A. Employees of any federal, state or local government, or any agencies thereof, or of a state or local authority. B. Employees of and on behalf of any 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 563 - 5 Application procedure; information required; qualifications; issuance of license. - ANS- 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. 563 - 6 Term of licenses; renewal; conditions; display required. - ANS-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. 563 - 7 Duplicate and supplementary licenses; fees - ANS-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. 563 - 8 Effect on validity of contracts. - ANS-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. 563 - 9 Civil Penalties - ANS-In addition to any other penalties, 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 fraud 770 Custom Home - ANS-"Custom home" means a new single family residence to be constructed on premises owned of record by the purchaser at the time of contract 770 Home Improvement - ANS-"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. 770 Home improvement contract - ANS-"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, 770 Home improvement contractor - ANS-"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 a 770 Home improvement goods or services - ANS-"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 771 Home Improvement Contract - ANS-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. 771 Home Improvement Contract - ANS-Contract shall contain the following notice to the owner in clear and conspicuous bold face type: "Any contractor, subcontractor, or material man 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 mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic's lien". 771 Home Improvement Contract - ANS-The name, address, telephone number and license number, if applicable, of the contractor. The approximate dates, or estimated dates, when the work will begin and be completed. A description of the work to be performed, the materials to be provided. 563 - 1 Legislative Findings: - ANS-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
563 - 2 CONSUMER - ANS-An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety. 563 - 2 CONSUMER GOODS, SERVICES, CREDIT AND DEBTS - ANS-Those which are primarily for personal, household or family purposes. 563 - 2 CONTRACT - ANS-An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services. 563 - 2 DECEPTIVE TRADE PRACTICES - ANS-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. 563 - 2 DEPARTMENT or OFFICE - ANS-The Department of Labor, Licensing and Consumer Affairs. 563 - 2 ENGAGES - ANS-The undertaking, offering to undertake, solicitation or agreement to perform a contract. 563 - 2 LICENSEE - ANS-A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter. 563 - 2 PERSON - ANS-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. 563 - 2 TEMPORARY LICENSE - ANS-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. 563 - 2 UNCONSCIONABLE TRADE PRACTICE - ANS-Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer 563 - 20 Suspension or revocation of identification cards - ANS-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. 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. - ANS-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. 563 - 22 Temporary license pending issuance of permanent license - ANS-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. 563 - 23 Exempted operations - ANS-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. B. An architect, professional engineer o 563 - 24 Reduced license fees - ANS-An applicant may qualify for a reduced license fee if the applicant's net business or related personal income from the home improvement contracting business does not exceed $20,000 per annum 563 - 3 LICENSE REQUIRED - ANS-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. 563 - 4 EXEMPT EMPLOYEES - ANS-A. Employees of any federal, state or local government, or any agencies thereof, or of a state or local authority. B. Employees of and on behalf of any 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 563 - 5 Application procedure; information required; qualifications; issuance of license. - ANS- 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. 563 - 6 Term of licenses; renewal; conditions; display required. - ANS-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.
equipment 771 Home Improvement Contract - ANS-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. 771 Home Improvement Contract - ANS-Contract shall contain the following notice to the owner in clear and conspicuous bold face type: "Any contractor, subcontractor, or material man 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 mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic's lien". 771 Home Improvement Contract - ANS-The name, address, telephone number and license number, if applicable, of the contractor. The approximate dates, or estimated dates, when the work will begin and be completed. A description of the work to be performed, the materials to be provided.
