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What is NYC AC § 20-397?

Quick Answer

This section outlines exceptions to the requirement for a contractor's license in specific situations, such as individuals performing labor for wages, licensed professionals acting within their scope, and certain employees of licensed contractors. It also specifies exemptions for home improvement contracts made before October 1, 1968, and for projects costing less than two hundred dollars. Applies to contractors and individuals in the construction and home improvement sectors.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-397 Exceptions.

AC § 20-397

No contractor's license shall be required in the following instances: 1. An individual who performs labor or services for a contractor for wages or salary.

2.A plumber, electrician, architect, professional engineer, or any other such person who is required by state or city law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, or any person required to be licensed pursuant to article six-D of the general business law to engage in the business of installing, servicing, or maintaining security or fire alarm systems, and who is acting exclusively within the scope of the craft, profession or business for which he or she is currently licensed pursuant to such other law.

3.Any retail clerk, clerical, administrative, or other employee of a licensed contractor, as to a transaction on the premises of the contractor.

4.This subchapter shall not apply to or affect the validity of a home improvement contract otherwise within the purview of this subchapter which is made prior to October first, nineteen hundred sixty-eight.

5.Any home improvement, where the aggregate contract price for all labor materials and other items is less than two hundred dollars. This exemption does not apply where the work is only part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than two hundred dollars for the purpose of evasion of this provision or otherwise.

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