§ 20-420 — Certificate of registration of contractors and salesperson required. Requirements for contractors performing radon mitigation, removal or replacement of residential underground heating oil tank storage systems and gas hearth product work. Application by retail establishment for certificate of registration as salesperson for its employees. Duty to update application information.

Connecticut § 20-420

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 400: Home Improvement Contractors

Text

(a) No person shall hold such person out to be a contractor or salesperson without first obtaining a certificate of registration from the commissioner as provided in this chapter, except (1) that an individual or partner, or officer or director of a corporation registered as a contractor shall not be required to obtain a salesperson's certificate, and (2) as provided in subsections (e) and (f) of this section. No certificate shall be given to any person who holds such person out to be a contractor that performs radon mitigation unless such contractor provides evidence, satisfactory to the commissioner, that the contractor is certified as a radon mitigator by the National Radon Safety Board or the National Environmental Health Association. No certificate shall be given to any person who holds such person out to be a contractor that performs removal or replacement of any residential underground heating oil storage tank system unless such contractor provides evidence, satisfactory to the commissioner, that the contractor (A) has completed a hazardous material training program approved by the Department of Energy and Environmental Protection, and (B) has presented evidence of liability insurance coverage of one million dollars. (b) No contractor shall employ any salesman to procure business from an owner unless the salesman is registered under this chapter. (c) No individual shall act as a home improvement salesman for an unregistered contractor. (d) On and after July 1, 2008, a home improvement contractor shall not perform gas hearth product work, as defined in subdivision (22) of section 20-330 , unless such home improvement contractor holds a limited contractor or journeyman gas hearth installer license pursuant to section 20-334f . (e) A retail establishment, which is a business that operates from a fixed location where goods or services are offered for sale, may apply annually for a certificate of registration as a salesperson on behalf of its employees if it employs or otherwise compensates one or more salespersons whose solicitation, negotiation and completion of sales are conducted entirely at the retail establishment or virtually or by phone. The retail establishment shall (1) apply for such registration on a form prescribed by the commissioner, (2) maintain a list of all salespersons intended to be covered by the retailer's certificate of registration, and (3) pay a fee equal to the amount that would be due if each person were to apply individually for a certificate of registration, including the amount that would be due under the guaranty fund. The list of salespersons covered by the retailer's certificate of registration shall be made available to the department upon request. If any person covered by the retail establishment's salesperson certificate of registration conducts activity covered by the salesperson credential at a place other than the retail establishment or virtually or by phone, such person shall apply for an individual salesperson certificate of registration using the form prescribed by the commissioner for such registrations and shall pay the corresponding application fee. (f) Certificates of registration for salespersons issued to retail establishments shall not be transferable or assignable, except a retail establishment that is a holder of a salesperson certificate may remove an existing or former employee currently listed on the certification of registration and replace such person with a new or existing employee employed as a salesperson. If the retail establishment adds or removes salespeople, there shall be no refund or supplemental payment. The fee shall be based on the number of salespeople at the time of each renewal. (g) A contractor or salesperson shall update, through the department's online licensing system, any application information the contractor or salesperson has provided to the department pursuant to this section, including, but not limited to, any contact information, insurance information or criminal history for such contractor or salesperson, or, if such contractor is a business entity, criminal histories of the individual owners of such business entity, not later than thirty days after any change in such information. See Sec. 20-427a re nonrenewal of home improvement contractor's commercial motor vehicle registration for violation of section.

Legislative History

(P.A. 79-606, S. 3, 14; P.A. 88-269, S. 2; P.A. 90-321. S. 3; P.A. 98-3, S. 62; P.A. 99-74, S. 2, 3; P.A. 03-186, S. 1; P.A. 04-21, S. 2; 04-109, S. 4; P.A. 06-157, S. 3; P.A. 09-122, S. 1; P.A. 11-80, S. 1; P.A. 21-197, S. 10; P.A. 23-99, S. 11.) History: P.A. 88-269 added Subsec. (c) providing no individual shall act as a home improvement salesman for an unregistered contractor; P.A. 90-321 added provisions concerning contractors that perform radon work; P.A. 98-3 made a technical change in Subsec. (a); P.A. 99-74 amended Subsec. (a) to make gender neutral changes and to require radon mitigation contractors to attend a program approved by the Commissioner of Public Health and receive a passing score on an examination approved by said commissioner, effective May 27, 1999; P.A. 03-186 amended Subsec. (a) to require radon mitigation contractors to be certified as such by the National Radon Safety Board or the National Environmental Health Association, rather than pass an exam approved by the commissioner; P.A. 04-21 amended Subsec. (a) by adding requirements for the issuance of a certificate to a contractor who performs the removal or replacement of residential underground heating oil storage tank systems (Revisor's note: The phrase “who holds oneself out to be a contractor”, included in the amendment, was replaced editorially by the revisors with “who holds himself or herself out to be a contractor” to conform with technical changes enacted by P.A. 04-109); P.A. 04-109 amended Subsec. (a) to make technical changes, effective May 21, 2004; P.A. 06-157 added Subsec. (d) prohibiting a home improvement contractor from performing gas hearth product work after July 1, 2008, unless such contractor holds a limited contractor or journeyman gas hearth installer license; P.A. 09-122 amended Subsec. (a) by deleting former Subdiv. (3) re surety bond, effective June 9, 2009; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; P.A. 21-197 amended Subsec. (a) to designate existing provision re exception as Subdiv. (1), add Subdiv. (2) re reference to Subsecs. (e) and (f) and redesignate existing Subdivs. (1) and (2) as Subparas. (A) and (B), added Subsec. (e) re annual application by retail establishment for certificate of registration as saleperson for its employees, and added Subsec. (f) re certificates of registration for salespersons issued to retail establishments being nontransferable and nonassignable with exception, prohibition on refunds and calculation of fee, effective July 1, 2022; P.A. 23-99 added Subsec. (g) re duty to update application information, and made technical changes in Subsecs. (a) and (e), effective June 29, 2023. Cited. 13 CA 194; 20 CA 625.