Int 0221-1998

Be it enacted by the Council as follows: Section one. Subchapter two of chapter one of title twenty-six of the administrative code is amended by adding thereto a new article ten to read as follows: ARTICLE 10 PAINTING CONTRACTOR LICENSE �26-204.1 Definitions. For the purposes of this article: a. "Certificate" means the certificate of competence issued by the commissioner to an indivdual who has successfully completed a safety training program duly certified and approved by the commissioner. b. "Direct employ" means that an individual performing the actual work of a painting service is an employee of the licensed painting contractor. Such employment shall be evidenced by payroll records such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee. c. "Licensed Painting Contractor" means an individual authorized under the provisions of this subchapter to own, operate, maintain, conduct, control or transact a painting business through which he or she solicits, contracts or otherwise agrees to perform any painting service. d. "Painting Service" means the application of paint or other similar surface-coating material, paperhanging, paper removal, stripping, staining, varnishing, shellacking, spackling, taping or plastering. e. "Salesperson" means any individual other than a licensed painting contractor who solicits business for or on behalf of the licensed painting contractor. �26-204.2 Requirement of license. It shall be unlawful to provide any painting service on and after January first, nineteen hundred ninety-one unless such actual work is performed by a licensed painting contractor or by an individual who holds a certificate and is in the direct employ of a licensed painting contractor. �26-204.3 License qualifications. a. In addition to meeting the general qualifications prescribed in section 26-133 of this subchapter, all applicants for a painting contractor license or renewal of such license shall submit satisfactory proof establishing that each individual employed by the applicant as a salesperson or to perform the actual work of a painting service, holds a valid certificate issued by the commissioner. b. All applicants for a license shall have knowledge of and be able to pass an examination proscribed by the commissioner with respect to safety, health hazard, waste-disposal and basic material handling risks and factors incident to such painting business and precautions to be taken in connection therewith. c. Any individual who, during the four consecutive years prior to the effective date of this subchapter, has been engaged as a painting contractor and has had gross annual sales generated by the provision of painting services equal to or greater than fifty thousand dollars during each of such four years, shall not be required to submit to an examination as required in subdivision b of this section and section 26-134, on the condition that such person shall submit his or her application within six months after the effective date of this article and within one year shall provide all necessary supporting proof and documents. �26-204.4 License applications. All applications for a painting contractor license shall be subject to the provisions of section 26-132 of this subchapter; and all applicants for such licenses shall comply with and be subject to the provisions of sections 26-133, 26-134 and 26-135 of this subchapter. �26-204.5 Insurance requirements. Prior to the issuance of any painting contractor license, and any renewal thereof, the applicant shall file with the department a personal injury and property damage policy of insurance approved by the commissioner, in an amount no less than one million dollars, and satisfactory evidence of compliance with the the provisions of the state workers' compensation law and the disability benefits law. �26-204.6 License conditions- a. All painting contractor licenses shall be conditioned upon and subject to the provisions of sections 26-136 through 26-139 of this subchapter. b. Every licensed painting contractor shall display prominently to the public on the place where his or her business is conducted, a metal plate or sign marked with the words "painting contractor" and his or her license number immediately thereunder. c. All business vehicles, advertising and stationery used in connection with work or services requiring a painting contractor license shall display prominently the full name of the licensee, the words "licensed painting contractor", the license number and business address. If the business is conducted under a trade name, or by a partnership, corporation or other business entity, the trade name, partnership, corporate or other business entity name shall be placed immediately above the full name of the licensee. �26-204.7 Exemptions. The provisions of this article shall not be required for any contractor or other individual whose annual sales generated by the provision of painting services, as evidenced by the previous year's gross tax report, are less than one hundred thousand dollars. �26-204.8 License fees. The fee for a painting contractor license shall be one hundred dollars; and the annual renewal fee shall be fifty dollars. �2. This local law shall take effect immediately.