N.Y. GBS Law § 770 — New York Code / Act GBS / Article 36-A / Section 770
Definitions
Status: in_force

§ 770. Definitions. As used in this article, the following terms,\nunless the context requires otherwise, shall have the following\nmeanings:\n  1. "Person" means a natural person.\n  2. "Owner" means any homeowner, co-operative shareholder owner, or\nresidential tenant, or any person who purchases a custom home as defined\nin this section.\n  3. "Home improvement" means the repairing, remodeling, altering,\nconverting, or modernizing of, or adding to, residential property and\nshall include, but not be limited to, the construction, erection,\nreplacement, or improvement of driveways, swimming pools, siding,\ninsulation, roofing, windows, terraces, patios, landscaping, fences,\nporches, garages, solar energy systems, flooring, basements, and other\nimprovements of the residential property and all structures or land\nadjacent to it. "Home improvement" shall also mean the construction of a\ncustom home, the installation of home improvement goods or the\nfurnishing of home improvement services. "Home improvement" shall not\ninclude:\n  (a) the sale or construction of a new home, other than a custom home\nas defined in this section;\n  (b) the sale of goods by a seller who neither arranges to perform nor\nperforms, directly or indirectly, any work or labor in connection with\nthe installation or application of the goods;\n  (c) the sale or installation of appliances, such as stoves,\nrefrigerators, freezers, room air conditioners, dishwashers, clothes\nwashers or dryers, which are designed to be removable from the premises\nwithout material alteration thereof;\n  (d) the sale or installation of decorative goods or services, such as\ndraperies and carpets; or\n  (e) the performance of repairs, replacements, or other services\npursuant to an express or implied warranty, or a maintenance agreement\nas defined in section three hundred ninety-five-a of this chapter.\n  4. "Home improvement goods or services" means goods and services which\nare bought in connection with home improvement. Such home improvement\ngoods and services include burglar alarms, texture coating, fencing, air\nconditioning, heating equipment, and any other goods which, at the time\nof sale or subsequently, are to be so affixed to real property by the\nhome improvement contractor as to become a part of real property whether\nor not severable therefrom.\n  5. "Home improvement contractor" means a person, firm or corporation\nwhich owns or operates a home improvement business or who undertakes,\noffers to undertake or agrees to perform any home improvement for a fee\nand for whom the total cash price of all of his home improvement\ncontracts with all his customers exceeds one thousand five hundred\ndollars during any period of twelve consecutive months. Home improvement\ncontractor does not include a person, firm, corporation, landlord,\ncooperative corporation, condominium board of managers, joint tenant or\nco-tenant that owns, in whole or in part, the property to be improved.\n  6. "Home improvement contract" means an agreement for the performance\nof home improvement, between a home improvement contractor and an owner,\nand where the aggregate contract price specified in one or more home\nimprovement contracts, including all labor, services and materials to be\nfurnished by the home improvement contractor, exceeds five hundred\ndollars.\n  7. "Custom home" means a new single family residence to be constructed\non premises owned of record by the purchaser at the time of contract,\nprovided that such residence is intended for residential occupancy by\nsuch purchaser and the contract of sale is entered into on or after the\nfirst day of March, nineteen hundred ninety.\n  8. "Roofing contractor" means a person, firm or corporation, including\nbut not limited to, a person that is a nonresident roofing contractor,\nindependent contractor, day laborer or subcontractor engaged in the\nbusiness of roofing, gutter, downspout or siding services for a fee or\nwho offers to engage in or solicits roofing-related services, including\nconstruction, installation, renovation, repair, maintenance, alteration\nor waterproofing. This definition shall not include a person engaged in\nthe demolition of a structure or the cleanup of construction waste and\ndebris that contains roofing material, nor a person engaged in building\na new home or housing development. "Roofing contractor" shall not\ninclude:\n  (a) an owner or farm property owner who physically performs, or has\nemployees who perform repairing, remodeling, altering, converting, or\nmodernizing of, or adding to, their own dwelling or another structure\nlocated on the property owned by the person without the assistance of a\nroofing contractor.\n  (b) any authorized employee or representative of the United States\ngovernment, the state of New York, or any political subdivision\nperforming the repairing, remodeling, altering, converting, or\nmodernizing of, or adding to, government property.\n