NYC Home Improvement Exam 2024 - Key Regulations and Requirements, Exams of Nursing

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What does DCWP stand for? - ANSWER>>Department of Consumer and Worker Protection

What does DOB stand for? - ANSWER>>Department of Buildings

What does DOT stand for? - ANSWER>>Department of Transportation

Define home improvement - ANSWER>>Home improvement means the construction, repair, replacement, remodeling, alteration, conversion, rehabilitation, renovation, modernization, improvement, or addition to any land or building or any part of land.

Home improvement includes the installation of what: - ANSWER>>Central heating, air conditioning, central vacuum cleaning system, storm windows, awnings, communication systems

What is NOT home improvement? - ANSWER>>Construction of a new home or building, sale of goods or materials in connection with the installation of or application of goods or materials, work performed on a residence owned or controlled by the state or municipality (town), painting or decoration of a building, residence, home, or apartment, when not related to home improvement work.

Who is a contractor? - ANSWER>>Anyone who owns, operates, maintains, conducts, controls, or transacts a home improvement business, undertakes or agrees to perform any home improvement, or solicits a home improvement contract, whether or not the contractor is a prime contractor or subcontractor.

What can a contractor be? - ANSWER>>An individual, a form, a company, a partnership, or a corporation.

What is a Home Improvement Contract? - ANSWER>>Agreement, does not have to be in writing, between a contractor and owner or tenant for services and materials for home improvement.

Who must have a DCWP license? - ANSWER>>Mandatory for anyone soliciting, canvassing, selling, obtaining, or performing a home improvement contract as a contactor.

Home Improvement Salespersons - ANSWER>>No longer require DCWP license as of August 9,

2020. Local Law 31 of 2020 repealed it.

Who does not require a DCWP license? - ANSWER>>Individual employee who works for the contractors including the salesperson, small jobs under $200, plumbers, electricians, engineers, and architects.

Where must I pose my Home Improvement Contractor License? - ANSWER>>Must be visible in the office or shown to consumers upon request.

What must I do in case of a change of business trade name, change of business address, or change of owners (management)? - ANSWER>>Notify DCWP 10 days before trade name or address change.

How does a person obtain a license or renew a license? - ANSWER>>Submit application for renewal, required for each business location. Can apply in person or online. 3 months before your license expires, DCWP will mail you a license renewal package.

What are a prime contractor's duties and responsibilities? - ANSWER>>Responsibilities include securing permits and licenses, maintaining copies of contracts and transactions for 6 years, and using funds to pay for the home improvement.

What is the cancellation period for contracts? - ANSWER>>No work or payment until after the 3 - day cancellation period. People have 3 days to decide after signing.

What can't a contractor do? - ANSWER>>Abandon or fail to perform agreed upon work, misrepresentation, commit fraud in the execution of a contraction, publish advertisements that contain false or misleading representations, violate the building, sanitary, fire, and health laws, fail to notify DCWP of any change of ownership, business name, or business location, conduct the home improvement business in a different name, and act as an agent for, or advertise a home loan for the consumer.

Must a contractor furnish a consumer with a written estimate? - ANSWER>>Contractors must furnish a consumer with a written estimate if requested, sharing any fees before providing the estimate and itemizing them in the total estimated contract price.

What are the penalties for false or fraudulent representation? - ANSWER>>Civil fines of up to $500 for each separate misrepresentation, with the contract potentially declared null and void, and restitution to the consumer may be ordered.

What are the penalties for operating a home improvement business without a license? - ANSWER>>Operating a home improvement business without a license or after suspension/revocation may lead to criminal prosecution with up to six months imprisonment and/or $1,000 in fines per violation. Civil penalties of up to $100 per day may also apply. DCWP can padlock and confiscate tools and trucks used in connection with unlicensed home improvement work.

In what form must a home improvement contract be? - ANSWER>>Every home improvement contract must be in writing, signed by everyone involved, and provided to the consumer before any work begins, in plain English or another language used in oral sales presentations.

If a consumer wants more work done beyond what's in the original contract, what should a contractor do? - ANSWER>>If a consumer requests additional work beyond the original contract, the contractor should provide a written amendment known as a change order, signed by everybody.

What information must a home improvement contract contain? - ANSWER>>A home improvement contract must include details such as transaction date, contractors name, office address, telephone number, and DCWP license number, work dates, work description including cost of labor and materials, payment schedule, guarantees of pay, workers' compensation insurance, required permits, and a cancellation notice.

The contract must include the following statement directly above the signature lines: - ANSWER>>"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."

In what font should this statement be in and what font size ""YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."? - ANSWER>>Boldface and at least 10 point or bigger.

Must a contractor provide the consumer with a separate Notice of Cancellation? - ANSWER>>Contractors must provide consumers with a separate "Notice of Cancellation" attached to the signed contract, detailing the right to cancel within three business days and the process for returning goods. The words must be in boldface and font size at least 10 point. Must be in English.

What must be included in the Notice of Cancellation? - ANSWER>>Name/address of contractor, date of transaction, date until which the consumer may give notice of cancellation, and the notice of cancellation statement.

Notice of Cancellation Statement: - ANSWER>>NOTICE OF CANCELLATION (ENTER DATE OF TRANSACTION) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. Page 7 of 10 Updated 06/24/2021 IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO [NAME OF SELLER] AT [ADDRESS OF SELLER'S PLACE OF BUSINESS] NO LATER THAN MIDNIGHT OF [DATE] _______. I HEREBY CANCEL THIS TRANSACTION. ____________________________________________ (Consumer's/Buyer's Signature, Print Name, and Date)

Must a contractor inform the consumer orally (spoken word) of the consumer's right to cancel?

• ANSWER>>Contractor must inform consumer orally and in writing about the right to cancel a home improvement contract within three business days.

What if a contractor fails to comply with the provisions requiring oral (spoken) and written notice of the consumer's right to cancel? - ANSWER>>If a contractor fails to provide oral and written notice of the consumer's right to cancel, the consumer may cancel the contract.

What should a contractor do if a consumer wants to cancel the contract? - ANSWER>>Contractor must refund payments, cancel and return monies paid, terminate security interest, and notify consumer about repossessing or abandoning materials within 10 business days of cancellation.

The following rules are the basics to advertising home improvement work: - ANSWER>>Advertising must include DCWP Home Improvement Contractor license number, avoid misleading pricing and description, a savings claim cannot imply the amount specified is the selling price, if installation is extra the ad must clearly say so, cannot make statements such as "Buy from manufacturer" unless you actually make items, cannot make "lifetime guarantees or warranties", and accurately describe products and services.

Who must obtain permits? - ANSWER>>Prime contractor is responsible for securing all necessary permits, licenses, and Certificates of Occupancy in accordance with building laws.

Where does a contractor go to secure a permit for an addition or alteration to a house? - ANSWER>>A contractor secures all necessary permits from the New York City Department of Buildings (DOB).

What is the difference between a subcontractor and an employee? - ANSWER>>Subcontractor works independently, while an employee works for wages under direct supervision.

What is net profit of a job? - ANSWER>>Final profit after deducting expenses from total earnings of a job.

Must a subcontractor be licensed by DCWP? - ANSWER>>Subcontractors must have a DCWP license to perform home improvement work in New York City.

What are some of your obligations with regard to employees? - ANSWER>>Cover employees with Workers' Compensation and disability insurance, report wages to IRS, withhold taxes, and ensure legal authority to work in the US.

Can a contractor elect to secure a bond or participate in DCWP's Home Improvement Trust Fund? - ANSWER>>Contractor can secure a bond or contribute to DCWP's Home Improvement Trust Fund every two years.

What is needed to paint the exterior of a house with more than one story? - ANSWER>>May require a suspended scaffold and rigging permit from DOB for painting exterior of multi-story houses.

Whose responsibility is it to obtain an amended Certificate of Occupancy? - ANSWER>>If an amended Certificate of Occupancy is needed, it is the contractor's responsibility to obtain it for the consumer. A registered architect or professional engineer must file the actual amended Certificate of Occupancy at DOB.

Is it necessary for a home improvement contractor to hire a licensed electrician to do certain types of work? - ANSWER>>You must use a licensed electrician to install anything having to do with light, heat, and power, regardless of voltage.

How must a contractor handle sales tax? - ANSWER>>Contractors must collect sales tax for repairs from the consumer.

What type of work qualifies as a capital improvement? - ANSWER>>Adding a bathroom qualifies as a capital improvement, while repairs like fixing a window frame do not.

When adding an extension to a home, what is the first thing a contractor should do before beginning work? - ANSWER>>The first thing a contractor should do before beginning work on a home is to consult with a licensed architect or engineer—not DOB—to determine if the owner can put in the extension and still comply with the applicable zoning law.

Where does a contractor go to secure a permit for a dumpster that is placed on the street? - ANSWER>>Contractor should contact Department of Transportation (DOT) for a permit to place a dumpster on the street.

Does a home improvement contractor need a permit to perform sidewalk work? - ANSWER>>Sidewalk work requires a permit from DOT.

What should a contractor do to haul or transport waste resulting from home improvement work? - ANSWER>>Contractors must obtain a Class One Self Hauler Registration from NYC Business Integrity Commission to haul waste resulting from business operations.