Questions to ask
1. Which license will you work under, is it a New York City Home Improvement Contractor license for my building, and is the number on my contract?
Why it matters: New York State doesn’t appear to license roofers statewide in the sources I reviewed; the Attorney General’s fact sheet instead says home improvement contractors must be licensed locally in New York City and a few nearby counties (NY Attorney General: Home Improvement Fact Sheet). NYC311 lists roof installation among the work that needs a Department of Consumer and Worker Protection (DCWP) Home Improvement Contractor (HIC) license, which covers residential work, and says buildings with more than four units are outside the license unless an owner or tenant contracts for work inside their own unit (NYC311: Home Improvement Contractor License). DOB asks contractors to give an HIC number when filing for work on one- to four-family homes and on co-op, condo, or rented units, but exempts subcontractors and work in a multiple dwelling when the owner or board hires the contractor (NYC DOB: Home Improvement Contractor permit requirements). DCWP’s exam guide, though, says a subcontractor who isn’t an employee of the general contractor must also hold a DCWP license (DCWP Home Improvement Examination Guide (PDF)). Separately, DOB’s permit page says permits are issued only to a Licensed General Contractor with a place of business in New York City, and that licensees must show their license number and business information on trucks, business cards, and advertisements (NYC DOB: Contractor Permit & Insurance). Those pages use different terms, so ask the roofer which license or registration will be on the DOB filing and who exactly will be on your roof, then look the company up yourself in DCWP’s license search and DOB’s Know Your Construction Professional directory. DCWP’s guide says the contract must carry the contractor’s name, office address, phone, and DCWP license number.
2. Does this job need a DOB permit, will you file it in your company’s name, and what is the DOB job number I can look up?
Why it matters: DOB’s “do I need a permit” page lists non-structural roof repair as work that doesn’t need a permit, but still says the contractor must be DCWP-licensed (NYC DOB: Does my project require a permit?). DOB’s rule on work that may or may not need a permit is more specific: roof repair or replacement limited to the membrane, roof coverings, cant strip, and insulation above the deck or sheathing needs no permit, but only if the Energy Conservation Code doesn’t require added roof insulation, and any roof work that replaces deck or sheathing does need a permit (1 RCNY §101-14 (PDF)). Those two statements aren’t phrased the same way, so ask the roofer whether any deck or sheathing will be replaced and whether the Energy Code adds insulation, and get the permit-or-no-permit answer in writing, or ask DOB. DOB also notes that licensed contractors may do emergency work before a permit if they file an Emergency Work Notification within two business days after finishing. If a permit is filed, ask for the job number and look it up in DOB NOW: Public Portal. A roofer who wants you to pull the permit yourself is shifting responsibility to you, and DOB says property owners are responsible for work on their buildings (NYC DOB: Know Your Construction Professional).
3. Are you tearing off to the deck or recovering over the existing roof, how many layers are there now, and what is my price if the deck needs repair?
Why it matters: The 2022 Building Code treats a roof replacement as removal of all existing layers of roof covering down to the deck (with an exception that lets an adhered ice barrier membrane stay and be covered with another layer). A recover over the existing covering is allowed in listed cases, such as when it follows the manufacturer’s instructions, but not where the existing roof is water soaked or too deteriorated to be a base, where it is slate, clay, cement, or asbestos-cement tile, or where it already has two or more applications of any type of roof covering. Reroofs must provide positive drainage, the roof assembly must meet the NYC Energy Conservation Code, aggregate, gravel, and crushed stone can’t be used as surfacing, and existing aggregate surfacing can’t be reinstalled (2022 NYC Building Code, Chapter 15 (PDF), sections 1504.8 and 1511). Ask how many layers your roof has, whether the deck will be inspected after tear-off, and get a written unit price for deck repair before work starts, since replacing deck or sheathing is also the point where DOB’s permit rule flips to “permit required.”
4. Is this a full roof replacement that triggers the cool-roof and solar or green roof rules, and what reflectance values or exemption are you relying on?
Why it matters: DOB says all NYC roofs must be cool roofs, with exceptions, and that Local Laws 92 and 94 of 2019 require 100 percent of a Sustainable Roofing Zone to be covered by solar, a green roof, or both on new buildings, enlargements, and existing buildings replacing an entire roof deck or roof assembly. Allowed exclusions include rooftop structures, equipment, and parapets, steep roof areas that would hold less than a set amount of solar capacity, and areas DOB finds unfavorable for solar or a green roof. A registered design professional is required for green roof and solar filings, and solar also needs a licensed electrician’s filing (NYC DOB: Local Laws 92/94, Solar & Green Roofs). Under the Building Code, low-slope roof coverings (slope of 2 in 12 or less) need an initial solar reflectance of at least 0.7 and thermal emittance of at least 0.75, or an SRI of at least 82; steeper roofs need 0.25 and 0.75, or an SRI of at least 39, with exceptions such as green roof areas. For reroofing, the reflectance rule doesn’t apply when the area being replaced is both under half the roof and under 500 square feet (2022 NYC Building Code, Chapter 15 (PDF), sections 1504.9, 1511.1, and 1512.2). Those partial-work and whole-roof triggers differ, so ask the roofer to name the product’s reflectance data, say whether your job is a full assembly replacement, and put any exemption claim in writing. DOB also notes the green roof property tax abatement renewal runs through June 20, 2027.
5. Will any torch or open flame be used on my roof, and if so, who holds the FDNY certificate of fitness and who is the fire guard?
Why it matters: The 2022 Fire Code says any torch operation for a torch-applied roofing system must be personally conducted by a certificate of fitness holder, requires a hot work program authorization signed by a responsible person, requires fire guards for torch operations on any rooftop or torch-applied roofing operation, and prohibits torch-applied roof system operations on roofs constructed of combustible materials (FDNY Fire Code (2022), Chapter 35: Welding and Other Hot Work (PDF), sections 3503.2 through 3503.4.1, 3504.2.7, and 3505.7). Ask whether the proposed system is torch-applied, what your roof is made of, and whether a non-flame system is a workable option; if a torch will be used, ask to see the certificate of fitness for the person holding it.
6. Will the job use a scaffold, chute, or sidewalk shed, who pulls those permits, and do your workers need Site Safety Training cards at my address?
Why it matters: The Building Code requires a sidewalk shed, installed under a permit, where the sidewalk below is under a scaffold, mast climber, or chute, and for certain taller facade and construction work. It exempts work confined to the roof of an existing building only when the roof edge has a solid parapet at least 42 inches high that can resist accidental impact, the work stays below the parapet height or is set back at least half its height, and no work or material is on the parapet, and the Commissioner can still require a shed for unique hazards (NYC Building Code §3307.6 (Administrative Code library)). DOB’s Local Law 196 rule requires workers at sites that need a Site Safety Plan and a Construction Superintendent, Site Safety Coordinator, or Site Safety Manager to hold Site Safety Training (SST) cards, and DOB points you to its Site Safety Construction Map to check whether an address has those requirements. DOB also says that after a September 8, 2026 indictment announcement it invalidated SST certificates issued by Redcode Inc., with a grace period for affected workers through December 7, 2026 to retrain, so if the site requires cards, ask whether the crew’s cards are current (NYC DOB: SST Card Information). Ask the roofer to confirm in writing which of these rules apply at your address.
7. Has an asbestos survey been done, who did it, and how does that fit with the permit and schedule?
Why it matters: DEP says asbestos was used in roofing materials and can be found in almost all buildings built before 1989, and that NYC building owners are responsible for having a DEP-certified asbestos investigator survey before work disturbs a building. If asbestos-containing material will be disturbed, the owner must hire a licensed asbestos abatement contractor and an air-monitoring company, and DEP projects must be filed at least seven days before the start date (NYC DEP: Asbestos Abatement). DEP’s forms page describes the ACP-5 Asbestos Assessment Report that follows the investigator’s survey and the ACP-7 notification for an asbestos project, which it defines as work disturbing more than 25 linear feet or more than 10 square feet of asbestos-containing material (NYC DEP: Asbestos Abatement Forms & Filing Instructions). DOB says owners must show DOB that asbestos requirements have been satisfied before a DOB permit is issued, applicants must indicate on the PW1 whether the project requires abatement, does not, or is exempt, and after abatement DEP’s ACP-21 completion form or an ACP-5 report goes to DOB (NYC DOB: Asbestos & Abatement Permit). Ask who orders the survey, whether it’s in your contract or you pay separately, and what happens to the schedule if material has to be abated first.
8. Is my building landmarked or a co-op or condo, and have you included the approvals and board paperwork in your schedule?
Why it matters: The Landmarks Preservation Commission (LPC) permit guidebook says replacing flat roofing systems doesn’t require an LPC permit, but visible original or historic roofing on buildings of six stories or fewer generally must be replaced in-kind, with substitute materials allowed in some cases and some asphalt shingles commonly approved where they replace earlier non-historic roofing. Visible historic flashing and gutters are also expected to be repaired or replaced in-kind. LPC applications go through its Portico system, and a DOB permit may still be needed with filing drawings (NYC LPC: Permit Guidebook, Chapter 1 (PDF)). If you live in a co-op or condo, state law’s home improvement rules treat a co-op shareholder or residential tenant as an “owner” entitled to those protections (NY General Business Law §770), but DOB’s HIC page exempts work in a multiple dwelling when the building owner or board hires the contractor (NYC DOB: Home Improvement Contractor permit requirements). Whether your board needs its own alteration agreement, insurance certificate, or work-hour approvals depends on your building’s documents, not on a city rule I could cite, so ask your managing agent before you sign.
9. Does my contract spell out the work, the payment schedule, my right to cancel, and how my money is protected, and are you asking for a deposit?
Why it matters: State law requires a written home improvement contract with a notice of the right to cancel within three business days (NY General Business Law §771). DCWP’s guide says the contract must include the contractor’s license number, approximate start and completion dates, the work, materials, and costs, a notice that an unpaid contractor or subcontractor may have a claim against you, a notice about depositing payments or posting a bond, and any payment schedule; it must be in plain English (and in the language of any oral sales pitch), you must get a complete copy before work begins, extra work needs a signed written change order, and no work should start and no money should change hands until the cancellation period ends (DCWP Home Improvement Examination Guide (PDF)). For roofers, state law goes further: a roofing contractor may not require a deposit for work and materials, may invoice materials on delivery if the cost was disclosed in writing in advance, and may invoice the rest on successful completion (NY General Business Law §771-b). The Attorney General’s fact sheet, by contrast, describes an initial down payment and incremental payments as normal and says payments before substantial completion must go into escrow or be backed by a bond (NY Attorney General: Home Improvement Fact Sheet; NY Lien Law §71-a). Those sources don’t line up, so if a roofer asks for money up front, ask what the contract says about escrow or a bond, and get the payment terms in writing. If someone sold you the job at your door, the FTC’s Cooling-Off Rule separately requires oral and written notice of three business days to cancel and a refund within ten business days (16 CFR §429.1). Think twice before signing anything that waives your right to cancel; for insurance-claim roofing contracts, state law’s emergency exception requires a separate dated, handwritten, signed statement from you (§771-b).
10. Can you show me current insurance certificates, and will you or your office deal with my insurance company about a claim?
Why it matters: DOB requires licensed contractors to keep general liability, workers’ compensation, and disability insurance current to get permits, with a disability waiver for businesses that have no employees (NYC DOB: Contractor Permit & Insurance). State law requires a roofing contractor to give you proof of insurance (a workers’ compensation certificate, or a CE-200 exemption form if there are no employees, plus general liability and property damage certificates) and to list the insurer, coverage type, and policy limits in the contract. A roofer also may not advertise or promise to pay or rebate any part of your insurance deductible, including through discounts, gifts, credits, or referral fees. You may cancel a roofing contract paid under an insurance policy until midnight of the third business day after the insurer tells you in writing that part of the claim isn’t covered, and the roofer must return payments within ten days. And a roofer may not report, adjust, or negotiate your claim or accept payment for referring you to someone who does, though the insurer may initiate technical conversations with the roofer (NY General Business Law §771-b). Ask the insurance agent to send certificates directly to you, call your insurer yourself, and walk away from anyone who offers to cover your deductible.
11. Who are your subcontractors and suppliers, and will I get lien waivers before I make the final payment?
Why it matters: The Attorney General’s fact sheet warns that if a contractor or subcontractor who does the work isn’t paid, they may have a claim against your property under the Lien Law, and advises withholding final payment until all work is completed and required inspections are finalized (NY Attorney General: Home Improvement Fact Sheet). Under Lien Law §10, a notice of lien may be filed during the work or within eight months after the last work or materials, or within four months where the property has a single-family dwelling, and it is filed with the county clerk (NY Lien Law §10). State law also bars a roofing contractor from failing to pay for materials or services when it has been paid enough for that contract (NY General Business Law §771-b). Ask for a list of subs and suppliers, and ask for signed lien waivers or releases from them before final payment, along with your permit sign-off if a permit was pulled.
Red flags
- Can’t name the license the work is under, no DCWP Home Improvement Contractor number on the contract, or a name that doesn’t match what the license search shows.
- Says no permit is needed for deck or sheathing work, or asks you to pull the permit as owner.
- Wants to roof over multiple layers, a wet roof, or tile without explaining the Building Code limits.
- No mention of cool-roof reflectance, solar or green roof requirements, or an exemption in writing for a full roof replacement.
- Plans a torch-applied system with no certificate of fitness, no fire guard, or on a combustible roof.
- Asks for a deposit, a particular form of payment, or full payment before work is done.
- Offers to waive or cover your deductible, offers a gift for an inspection, or wants to handle your insurance claim for you.
- Pressures you to sign at the door or on the spot, or hands over a contract with no three-day cancellation notice.
- Can’t show insurance certificates or a CE-200 form, or the certificate holder isn’t you.
- Skips the asbestos survey on an older building, or can’t say who is responsible for it.
- No lien waivers from subs and suppliers, and no list of who they will be.
Next-step checklist
- Check each roofer in DCWP’s license search and DOB’s Know Your Construction Professional directory, and note the license number on the contract.
- Find out whether your building is landmarked, in a historic district, or a co-op or condo with board rules, before you collect bids.
- Get at least three written bids for the same scope: tear-off or recover, layers now, deck repair unit price, insulation, roof system and reflectance data, flashing, drainage, and debris removal.
- Ask each roofer whether the job needs a DOB permit, who files it, and the job number; get any no-permit claim in writing.
- Ask about the asbestos survey, torches, scaffolds, sheds, and Site Safety Training cards.
- Ask for insurance certificates sent directly to you, and check the policy limits against the contract.
- If insurance is involved, call your insurer yourself, and don’t let the roofer negotiate your claim or cover your deductible.
- Check the contract for plain-English terms, the cancellation notice, the payment schedule, escrow or bond disclosure, and no deposit demand.
- Keep final payment until the work is done, lien waivers are in hand, and any permit work is signed off.
- Keep the contract, permit, job number, photos of the deck, asbestos paperwork, certificates, waivers, warranties, and receipts.
Sources