A. As used in the Home Repair Fraud Act:

1. "Home repair" means the fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence.

Home repair shall include, but not be limited to, the construction, installation, replacement or improvement of driveways, swimming pools, porches, roofs, siding, kitchens, chimneys, chimney liners, garages, outbuildings or storage sheds, fences, fallout shelters, air conditioning systems, heating systems, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, floor or attic bracing, moisture control, and other improvements to residential structures or upon the land adjacent thereto.

Home repair shall not include the sale, installation, cleaning or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement or connection of any home appliance including but not limited to disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other home appliances when the person replacing, installing, repairing or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; or landscaping; and

2. "Residence" means a single or multiple family dwelling, including but not limited to a single family home, apartment building, condominium, duplex or townhouse which is used or intended to be used by its occupants as their dwelling place.

B. Nothing in the Home Repair Fraud Act shall be construed to apply to original construction of single or multiple family residence.

Added by Laws 1988, c. 161, § 4, eff. Nov. 1, 1988. Amended by Laws 1997, c. 16, § 1, eff. Nov. 1, 1997.