Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Roofing or siding contract" means an agreement between a roofing or siding contractor or salesperson and a homeowner that includes, in part, an agreement to install, repair or replace residential roofing or siding for a total cost including labor and materials in excess of one thousand dollars.

     This chapter does not apply to the following contracts:

     (a) Residential remodel or repair contracts where the cost specified for roofing or siding is less than twenty percent of the total contract price;

     (b) Contracts where the roofing or siding is part of a contract to build a new dwelling or an addition that provides additional living space;

     (c) Contracts for emergency repairs made necessary by a natural disaster such as an earthquake, wind storm, or hurricane, or after a fire in the dwelling;

     (d) Homes being prepared for resale; or

     (e) Roofing or siding contracts in which the homeowner was not directly solicited by a roofing or siding contractor or salesperson. If a roofing or siding contractor or roofing or siding salesperson generally does business by soliciting, it shall be a rebuttable presumption that any roofing or siding contract entered into with a homeowner shall have been the result of a solicitation.

     (2) "Roofing or siding contractor" means a person who owns or operates a contracting business that purports to install, repair, or replace or subcontracts to install, repair, or replace residential roofing or siding.

     (3) "Roofing or siding salesperson" means a person who solicits, negotiates, executes, or otherwise endeavors to procure a contract with a homeowner to install, repair, or replace residential roofing or siding on behalf of a roofing or siding contractor.

     (4) "Residential roofing or siding" means roofing or siding installation, repair or replacement for an existing single-family dwelling or multiple-family dwelling of four or less units, provided that this does not apply to a residence under construction.

     (5) "Person" includes an individual, corporation, company, partnership, joint venture, or a business entity.

     (6) "Siding" means material used to cover the exterior walls of a residential dwelling, excluding paint application.

     (7)(a) "Solicit" means to initiate contact with the homeowner for the purpose of selling or installing roofing or siding by one of the following methods:

     (i) Door-to-door contact;

     (ii) Telephone contact;

     (iii) Flyers left at a residence; or

     (iv) Other promotional advertisements which offer gifts, cash, or services if the homeowner contacts the roofing or siding contractor or salesperson, except for newspaper advertisements which offer a seasonal discount.

     (b) "Solicit" does not include:

     (i) Calls made in response to a request or inquiry by the homeowner; or

     (ii) Calls made to homeowners who have prior business or personal contact with the residential roofing or siding contractor or salesperson.

[1994 c 285 § 2.]