201 CMR, § 18.01
Advertisement. Any commercial message in any newspaper, magazine, leaflet, flyer, catalog, display space in the telephone book, on radio, television, or other electronic media, including but not limited to, web pages from websites, web ads, mobile applications, listing sites, and public address system, or made in person, by letter or other printed material, or any interior or exterior sign or display, including on a vehicle, which is delivered or made available to an owner by a registrant or a contractor required to be registered in any manner whatsoever. (See 201 CMR 18.01(2): Owner.)
Applicant. Any person who files an application to become or continue to operate as a registered home improvement contractor or subcontractor.
Application. The form provided by the director which, along with other documentation and fee(s) that may be required, must be duly filed to become or continue to operate as a registered home improvement contractor or subcontractor.
Certificate of Registration. The card or other document provided to a registrant that lists the registrant's registration number and other identifying information required by the director. (See201 CMR 18.01(2): Registrant.)
Clear and Conspicuous. The material representation being disclosed is of ten-point type and is so presented as to be readily noticed and understood by a reasonable person. Language in the body of a contract is "conspicuous" if it is in larger or contrasting type or color, or underscored.
Contract. A written agreement between a home improvement contractor and an owner contained in one or more documents for the performance of certain residential contracting work, including all labor, material, goods and services set forth under said agreement for a total amount exceeding $1,000.00.
Contractor. Any person who, through himself or others, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid for residential contracting work. (See201 CMR 18.01(2): Home Improvement Contractor.)
Director. The Director of the Office of Consumer Affairs and Business Regulation.
Employee. For the purposes of 201 CMR 18.00 determining the number of employees of an applicant for registration, any individual engaged in construction related activities who, in the weekly pay period prior to the date of registration worked 20 or more hours for the registrant and for whom the registrant withheld or was required to withhold federal or state income taxes and who, during the same pay period, was not otherwise paid or had such taxes withheld by any other registrant. Included would be all construction workers, supervisors, sales personnel, designers, estimators, active partners and officers of corporations.
Fund. The Residential Contractor's Guaranty Fund. (See201 CMR 18.01(2): Guaranty Fund.)
Fund Administrator. The administrator of the Residential Contractor's Guaranty Fund, appointed by the director.
Guaranty Fund. The Residential Contractor's Guaranty Fund established pursuant to M.G.L. c. 142A.
Home Improvement Contractor. Any person who owns or operates a contracting business who, through himself or herself or others, undertakes, purports to have the capacity to undertake, offers to undertake, or submits a bid for residential contracting work to an owner, as such work is defined in 201 CMR 18.00 and M.G.L. c. 142A, and such work for each project is in a total amount in excess of $1,000, and is registered or required to be registered in accordance with M.G.L. c. 142A and 201 CMR 18.00.
Homeowner.See201 CMR 18.01(2): Owner.
Local Consumer Group. A local or regional agency which deals with the resolution of consumer problems and is determined eligible by the attorney general under standards set by the attorney general in accordance with M.G.L. c. 12, § 11G.
Mortgage Broker. Any person, who, for compensation or gain, or in the expectation of compensation or gain, directly or indirectly negotiates, places, assists in placement, finds or offers to negotiate, place, assist in placement of mortgage loans on residential property for others, or as otherwise defined in M.G.L. c. 255E.
Mortgage Lender. Any person engaged in the business of making mortgage loans, or issuing commitments to fund mortgage loans, or accepting applications or fees associated with the making of mortgage loans which are secured by a mortgage on residential property, or as otherwise defined in M.G.L. c. 255E.
Mortgage Loan. A loan to any person made primarily for personal, family, or household purposes, secured wholly or partially by a mortgage on a residential property, or as otherwise defined by M.G.L. c. 255E.
OCABR. The Office of Consumer Affairs and Business Regulation.
Owner. Any homeowner of a building which is an existing building at the time of a contract that is owner-occupied, containing at least one but not more than four dwelling units, or a tenant authorized by the homeowner thereof, who orders, contracts for, or purchases the services of a contractor or subcontractor. An owner occupying a condominium unit in a building containing no more than four dwelling units qualifies as an owner under 201 CMR 18.01(2): Owner, provided the owner owns a total of not more than four condominium units. A condominium association does not qualify as an owner.
Owner-occupied. The residential building of at least one but not more than four dwelling units and occupied by the owner as a primary residence.
Permit. For the purposes of 201 CMR 18.00, any construction-related permit, excluding any permits required by the owner which are not considered construction-related, such as zoning, environmental, historical commission, and the like.
Person. Any individual, partnership, corporation, society, trust, association, or any other legal entity.
Registrant. Any duly registered home improvement contractor or subcontractor.
Registration Number. The number assigned to the applicant after approval for registration by OCABR.
Residential Contracting. The reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal or demolition or the construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units, which building or portion thereof is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building, including, but not necessarily limited to: garages, sheds, cabanas, pool houses, gazebos.
Salesperson. Any person, other than a supplier of materials or a laborer, who solicits, offers, negotiates, executes, or otherwise endeavors to procure by any means whatsoever, directly or indirectly, a contract for residential contracting services from an owner on behalf of a home improvement contractor or subcontractor.
Subcontract. A contract, written or verbal, in any amount, between a home improvement contractor and a subcontractor or between two subcontractors for the performance of any part of the home improvement contractor's or subcontractor's contract.
Subcontractor. Any person, other than a supplier of only materials, who enters into a contract, written or verbal, with a home improvement contractor for the performance of any part of a home improvement contractor's contract with an owner for residential contracting, or who enters into a contract with any other subcontractor for the performance of any part of the subcontractor's contract.
Supplementary Identification Card. The document issued upon the written request of the registrant to a third party, by which the registrant acknowledges that the third party holder is acting as an agent of the registrant.
201 CMR, § 18.01