(a) No person shall hold himself or herself 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 himself or herself 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 himself or herself 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.

Terms Used In Connecticut General Statutes 20-420

  • Certificate: means a certificate of registration issued under §. See Connecticut General Statutes 20-419
  • Commissioner: means the Commissioner of Consumer Protection or any person designated by the commissioner to administer and enforce this chapter. See Connecticut General Statutes 20-419
  • Contractor: means any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. See Connecticut General Statutes 20-419
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Home improvement: includes , but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, rehabilitation or sandblasting of, or addition to any land or building or that portion thereof which is used or designed to be used as a private residence, dwelling place or residential rental property, or the construction, replacement, installation or improvement of alarm systems not requiring electrical work, as defined in §. See Connecticut General Statutes 20-419
  • Owner: means a person who owns or resides in a private residence and includes any agent thereof, including, but not limited to, a condominium association. See Connecticut General Statutes 20-419
  • Person: means an individual, partnership, limited liability company or corporation. See Connecticut General Statutes 20-419
  • Residential underground heating oil storage tank system: means an underground storage tank system used with or without ancillary components in connection with real property composed of four or less residential units. See Connecticut General Statutes 20-419
  • Salesman: means any individual who (A) negotiates or offers to negotiate a home improvement contract with an owner, or (B) solicits or otherwise endeavors to procure by any means whatsoever, directly or indirectly, a home improvement contract from an owner on behalf of a contractor. See Connecticut General Statutes 20-419

(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 § 20-330, unless such home improvement contractor holds a limited contractor or journeyman gas hearth installer license pursuant to § 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.