As used in this chapter, certain terms are defined as follows:
(a) "Person" means an individual or a member of a partnership, corporation or other unincorporated association.
(b) "Home improvement" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement or addition to any land or building, or that portion thereof which is used or designed to be used as a private residence or dwelling place, including multiple residential family units; and includes, but is not restricted to, the construction, replacement or improvement of driveways, swimming pools, porches, decks, garages, and other improvements to structures or upon land which is adjacent to a residential structure. "Home improvement" does not include:
(1) The construction of a new home or building.
(2) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials.
(3) Any plumbing, electrical or HVAC work that is required under the City Building Code to be done by licensed contractors.
(c) "Owner" means any owner of property in the City or any other person who orders, contracts for or purchases the home improvement services of a contractor, or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract.
(d) "Contractor" means any person who owns and operates a home improvement business and who undertakes or offers to undertake or agrees to perform any home improvement, whether or not such person is licensed or subject to the licensing requirements of this chapter, and whether or not such person is a prime contractor.
(e) "Home improvement contract" means a written agreement contained in one or more documents, between a contractor and an owner for the performance of a home improvement or home repair, and includes all labor, services and materials furnished and performed thereunder and the entire cost of same.
(f) "Board of Building Appeals" means the Board as established by Chapter 1305.
(g) "Canton Construction Board" means the Board as established by Chapter 1309.
(h) "Salesman" means any individual who:
(1) Negotiates or offers to negotiate a home improvement contract with an owner; or
(2) Solicits or otherwise endeavors to procure by any means whatever, directly or indirectly, a home improvement contract from an owner on behalf of a contractor, or for himself should the salesman also be the contractor wherein such person is licensed or subject to the licensing requirements of this chapter.
(Ord. 128-93. Passed 6-29-93.)