Sec. 20-427. Holder to exhibit and advertise certificate, when. Prohibited acts. Penalties. Certificates not transferable. Expiration. Renewal. Building permits.
Sec. 20-427. Holder to exhibit and advertise certificate, when. Prohibited acts.
Penalties. Certificates not transferable. Expiration. Renewal. Building permits. (a)
Each person engaged in making home improvements shall (1) exhibit his certificate of
registration upon request by any interested party, (2) state in any advertisement the fact
that he is registered, and (3) include his registration number in any advertisement.
(b) No person shall: (1) Present or attempt to present, as such person's own, the
certificate of another, (2) knowingly give false evidence of a material nature to the
commissioner for the purpose of procuring a certificate, (3) represent himself or herself
falsely as, or impersonate, a registered home improvement contractor or salesman, (4)
use or attempt to use a certificate which has expired or which has been suspended or
revoked, (5) offer to make or make any home improvement without having a current
certificate of registration under this chapter, (6) represent in any manner that such person's registration constitutes an endorsement of the quality of such person's workmanship or of such person's competency by the commissioner, (7) employ or allow any
person to act as a salesman on such person's behalf unless such person is registered
as a home improvement salesman, or (8) fail to refund the amount paid for a home
improvement within ten days of a written request mailed or delivered to the contractor's
last known address, if no substantial portion of the contracted work has been performed
at the time of the request and more than thirty days has elapsed since the starting date
specified in the written contract, or more than thirty days has elapsed since the date of
the contract if such contract does not specify a starting date.
(c) In addition to any other remedy provided for in this chapter, (1) any person who
violates any provision of subsection (b) of this section, except subdivision (8), shall be
guilty of a class B misdemeanor and (2) any person who violates the provisions of
subdivision (8) of subsection (b) of this section shall be guilty of a class B misdemeanor
if the home improvement that is offered or made has a total cash price of ten thousand
dollars or less and shall be guilty of a class A misdemeanor if the home improvement
that is offered or made has a total cash price of more than ten thousand dollars. Notwithstanding subsection (d) or (e) of section 53a-29 or section 54-56e, if the court determines
that a contractor cannot fully repay his victims within the period of probation established
in subsection (d) or (e) of section 53a-29 or section 54-56e, the court may impose probation for a period of not more than five years. A violation of any of the provisions of this
chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of
section 42-110b.
(d) The commissioner may, after notice and hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices
the work or occupation for which a certificate of registration is required by this chapter
without having first obtained such a certificate of registration or who wilfully employs
or supplies for employment a person who does not have such a certificate of registration
or who wilfully and falsely pretends to qualify to engage in or practice such work or
occupation, or who engages in or practices any of the work or occupations for which a
certificate of registration is required by this chapter after the expiration of such person's
certificate of registration or who violates any of the provisions of this chapter or the
regulations adopted pursuant thereto. Such penalty shall be in an amount not more than
five hundred dollars for a first violation of this subsection, not more than seven hundred
fifty dollars for a second violation of this subsection occurring not more than three years
after a prior violation, not more than one thousand five hundred dollars for a third or
subsequent violation of this subsection occurring not more than three years after a prior
violation and, in the case of radon mitigation work, such penalty shall be not less than
two hundred fifty dollars. Any civil penalty collected pursuant to this subsection shall
be deposited in the consumer protection enforcement account established in section
21a-8a.
(e) Certificates issued to home improvement contractors or salesmen shall not be
transferable or assignable.
(f) All certificates issued under the provisions of this chapter shall expire annually.
The fee for renewal of a certificate shall be the same as the fee charged for an original
application.
(g) The renewal fee for a certificate of registration as a home improvement contractor acting solely as the contractor of record for a registration as a home improvement
contractor acting solely as the contractor of record for a corporation, shall be waived,
if such contractor uses such registration for the sole purpose of directing, supervising
or performing home improvements for such corporation.
(h) Failure to receive a notice of expiration or a renewal application shall not exempt
a contractor or salesman from the obligation to renew.
(i) No contractor shall commence work unless each applicable building or construction permit has been obtained as may be required under the general statutes or local
ordinances.
(P.A. 79-606, S. 10, 14; P.A. 81-361, S. 2, 39; 81-472, S. 136, 159; P.A. 82-315, S. 3; P.A. 88-269, S. 8; P.A. 89-251,
S. 149, 203; P.A. 91-325, S. 1; P.A. 94-36, S. 22, 42; 94-68, S. 2; P.A. 96-117, S. 2; P.A. 00-192, S. 79, 102; P.A. 03-167,
S. 3; 03-186, S. 2; P.A. 04-257, S. 104; P.A. 08-102, S. 4.)
History: P.A. 81-361 deleted provision in Subsec. (e) allowing prorated fees lower than application fee and changed
the word "issuance" to "effective date"; P.A. 81-472 made technical changes; P.A. 82-315 made violation of chapter an
unfair or deceptive trade practice; P.A. 88-269 amended Subsec. (a) to include advertisements, amended Subsec. (b)(3)
to include salesmen and added Subsec. (b)(7) and (8) re employment of unregistered salesmen and failure to make refunds,
amended Subsec. (f) to increase fee for restoration of expired license from $5 to $10 and added Subsecs. (g), (h) and (i)
re restoration, failure to receive notice of expiration and the necessity of the existence of building and construction permits
at the beginning of work, deleting obsolete provisions in Subsecs. (d) and (e); P.A. 89-251 amended Subsec. (f) to increase
the restoration fee from $10 to $20; P.A. 91-325 amended Subsec. (b) by authorizing court to impose a period of probation
of not more than five years in order to ensure that the victims would be fully repaid if the court determined that a contractor
could not fully repay his victims within the period of probation established in Sec. 53a-29(d); P.A. 94-36 amended Subsec.
(d) by eliminating the alphabetical certificate renewal system and deleted Subsecs. (e) and (f) which provided for prorated
certificate application fees and late certificate renewal fees, relettering remaining Subsecs. as necessary, effective January
1, 1995; P.A. 94-68 amended Subsec. (b)(8) by adding the clause allowing the date of the contract to be used if no starting
date was specified in the contract, expanded criminal penalties in Subsec. (c) and inserted Subsec. (d) re civil penalties,
relettering former Subsecs. (c) to (i), inclusive, accordingly; P.A. 96-117 amended Subsec. (c) to add references to Sec.
54-56e; P.A. 00-192 amended Subsec. (g) to delete provision that certificate shall not be restored unless renewed not later
than one year after its expiration and to add provision re waiver of renewal fee for certain home improvement contractors,
effective July 1, 2000; P.A. 03-167 made technical changes in Subsec. (b) for the purpose of gender neutrality; P.A. 03-186 amended Subsec. (d) to add provision re minimum penalty for radon mitigation work; P.A. 04-257 made technical
changes in Subsec. (d), effective June 14, 2004; P.A. 08-102 amended Subsec. (c) to replace references to "subsection (d)
of section 53a-29" with "subsection (d) or (e) of section 53a-29".
See Sec. 21a-4(c) re fines for late certificate renewals.
See Sec. 21a-10(b) re staggered schedule of certificate renewals.
Cited. 224 C. 231. Cited. 231 C. 707.
Cited. 13 CA 194.
Subsec. (b):
Cited. 215 C. 336. Cited. 228 C. 574. Cited. 229 C. 516. Subdiv. (5): Although the case against defendant under section
was initially dismissed based on statute of limitations, the state's successful appeal on the statute of limitations calculation
and subsequent trial did not constitute unlawful double jeopardy. 250 C. 1.
Subdiv. (5): Requires current valid license. 19 CA 1. Subdiv. (5) cited. 41 CA 476. Cited. 45 CA 743. Subdiv. (5):
Prosecution after earlier dismissal for expiration of statute of limitations did not constitute double jeopardy. 49 CA 553.
"Person" as used in Subdiv. (7), includes a registered contractor. 88 CA 144.
Cited. 44 CS 274.
Subsec. (c):
Subdiv. (1) cited. 41 CA 476. Subdiv. (2) cited. 42 CA 124. Trial court abused its discretion in failing to award at least
nominal damages under CUTPA for defendant's violations of Home Improvement Act. 75 CA 334.
Subsec. (d):
Cited. 19 CA 1.