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Article 418 General Contractor Registration
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§28-418.1 Requirement of Registration
It shall be unlawful for a person to conduct business as a general contractor unless such person holds a general contractor registration in accordance with the provisions of this article.
§28-418.1.1 Expiration of Registration
A general contractor registration shall expire on the third anniversary of such registration or such other date as determined by the commissioner by rule so as to distribute the expiration dates of the registrations evenly over the course of a year.
§28-418.2 Unlawful Use of General Contractor Title
It shall be unlawful to use or cause to be used the title registered general contractor or any other title in a manner as to convey the impression that an individual, corporation, partnership or other business entity, or any person it employs, is a registered general contractor, unless such individual, corporation, partnership or other business entity is registered in accordance with the provisions of this article.
§28-418.3 Application Requirements
An application for a general contractor registration or renewal shall be made in writing to the commissioner on a form provided by the department and shall be accompanied by following:
- If the applicant is an individual: the applicant's full name, residence address, business address and business telephone number;
- If the applicant is a corporation:
- The corporate name, address and telephone number of the applicant's principal office or place of business;
- The date and state of incorporation;
- The name, residence address and residence telephone number of all corporate officers and registered agents and any person owning an interest of ten percent or more in the corporation;
- Proof that the corporation is in good standing under the laws of the state of New York;
- If the applicant is a partnership:
- The name, address and telephone number of the applicant's principal office or place of business;
- The name, residence address and residence telephone number of all partners;
- The registration fee;
- A verified statement that the applicant is financially solvent;
- The name and address of the principal location from which the applicant has engaged in the business of general contracting at any time within the last five (5) years;
- If the applicant is not a sole proprietor, proof that the applicant is authorized to do business in the state of New York;
- Proof of insurance as required by section 28-401.9;
- The name and address of the officer, principal or director of the applicant who is primarily responsible for the registrant's compliance with the requirements of this code or any rule adopted thereunder;
- Any other information that the commissioner may require.
§28-418.3.1 Financial Solvency
For the purposes of this article, financial solvency shall mean that the applicant's operating capital shall exceed $25,000.
§28-418.4 Warranties
A warranty shall be provided to the buyer of a new one-, two- or three-family structure that accords with the provisions of article 36-B of the New York state general business law, including the following:
- One (1) year from and after the warranty date the home will be free from defects due to a failure to have been constructed in a skillful manner;
- Two (2) years from and after the warranty date the plumbing, electrical, heating, cooling and ventilation systems of the home will be free from defects due to a failure by the builder to have installed such systems in a skillful manner; and
- Six (6) years from and after the warranty date the home will be free from material defects, including, but not limited to, any construction that is not in compliance with the building code or the zoning resolution of the city of New York.
§28-418.4.1 Modification Prohibited
Except as otherwise provided in section 777-b of article 360-B of the New York state general business law, no such warranty shall be modified or excluded in any way.
§28-418.5 Duties and Responsibilities
The general contractor shall comply with sections 28-418.5.1 through 28-418.5.3.
§28-418.5.1 Subcontractor Information
The general contractor shall be responsible for providing information to the department about his or her subcontractors and the particular work they perform on jobs for which the department has issued permits to the general contractor. Such information shall be provided in a format and at the times specified in the rules of the department.
§28-418.5.2 Technical Reports
The general contractor shall maintain at the work site such technical reports as specified in the rules of the department and shall make such reports available to department personnel on request.
§28-418.5.3 Notice of Pending Disciplinary Actions
The general contractor shall notify all of its suppliers of any pending suspension or revocation actions against such general contractor and shall provide an affidavit to the department stating that this notification has been made.
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