Section 16-899. DEFINITIONS

 

899.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:

 

Director - the Director of the Department of Consumer and Regulatory Affairs or the Director's representative, agent, or designee.

 

Home improvement business - the business of doing "home improvement work" as defined in this section.

 

Home improvement contract - an agreement for the performance of home improvement work in the District for a contract price of three hundred dollars ($ 300) or more. This term shall also include the second or any subsequent agreements entered into between the same contractor and the same homeowner within any twelve (12) month period, if the total of the contract prices of all the agreements aggregate three hundred dollars ($ 300) or more.

 

Home improvement contractor or contractor - any person who enters, or offers to enter, into a home improvement contract with a homeowner.

 

Home improvement salesperson or salesperson - any individual (including, without limitation, any officer, director, partner, member, or principal of a home improvement contractor) who either expressly or impliedly represents or holds himself or herself out as being associated with or employed, engaged, appointed, authorized, or permitted by any home improvement contractor to negotiate any contractual agreement for home improvement work.

 

In addition, the term "salesperson" includes any individual who, for a consideration and with the express or implied consent of a home improvement contractor, negotiates any contractual agreement. Acceptance by a home improvement contractor of a transaction resulting from negotiation by any person shall constitute that person a salesperson for the contractor within the meaning of this chapter.

 

Nothing in this definition shall be deemed to mean that the terms "home improvement salesperson" or "salesperson" extend to and include any employee of a licensed home improvement contractor as long as the activities of that employee relating to home improvement work are conducted or undertaken exclusively on the premises for which the license is issued, in the name of and under the supervision of the licensed contractor.

 

Home improvement work - means the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a residential property, or a structure adjacent to the residential property, including a driveway, fence, garage, porch, deck, or swimming pool. Any construction work outside the scope of “home improvement work” shall be considered either general contracting or construction management, as those terms are defined in Title 17 of the District of Columbia Municipal Regulations, Chapter 39.

 

The term “home improvement work” does not include:

 

1)construction of a new building to be used as a residential property;

 

2)the sale or installation of any appliance, materials, household furnishings, or equipment, if not made a part of the realty;

 

3)work performed by licensed electricians, plumbers and gasfitters, or refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed occupation; or

 

4)work performed by a homeowner on his or her own residential property.

 

The term "home improvement work" shall not extend to or include the sale or installation of any appliance, materials, household furnishings, or equipment, if not made a part of the realty.

 

The term "home improvement work" shall not extend to or include work performed by licensed electricians, licensed plumbers and gasfitters, or licensed refrigeration and air conditioning mechanics, so long as the work performed by them is limited to that of their licensed occupations.

 

Homeowner - any person or person's authorized agent who enters into a contract for the performance of home improvement work on residential property owned or occupied by that person.

 

Payment - the transfer, directly or indirectly, of any valuable consideration, and shall include, but not be limited to, the delivery of cash, promissory note, installment contract, other written promise to pay money, chattel mortgage, or deed of trust; Provided, that the term "payment" shall not include the promise to pay embodied in the contract itself.

 

Person - includes an individual, firm, partnership, joint stock company, corporation, association, incorporated society, statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, committee, assignee, officer, employee, principal or agent.

 

Residential property - real property or interest in real property consisting of a single-family dwelling or two-family dwelling (flat), including an individual apartment unit in a condominium or cooperative apartment building, together with any structure or grounds appurtenant to the single-family or two-family dwelling.

 

source

Final Rulemaking published at 56 DCR 3098 (April 24, 2009).