Basement Waterproofing Rules in New York: What Rochester, NY Homeowners Should Know
Fixing a wet basement in Rochester, New York touches state contract law, a door-to-door sales statute, the City's trade licensing and Monroe County's sewer rules. Each section below says which office can settle a doubt. This is a summary of public law, not legal advice.
Start Here
- No waterproofing license to look up. New York issues none statewide, and Monroe County requires none.
- Over $500 means a written contract. Money paid ahead of the work sits in escrow or is backed by a bond.
- Signing isn't always final. You can generally cancel until midnight of the third business day.
- Pipes are a plumber's job. Sump tie-ins, check valves and laterals go to a licensed master plumber under a plumbing permit.
Licensing, City by City
New York has no home improvement license that applies in Monroe County, though the City of Rochester does license plumbers and electricians. The Attorney General's contractor tip card names New York City plus Suffolk, Nassau, Westchester, Putnam and Rockland counties as the places requiring one; Monroe isn't there, and no County or City version turned up. GBL §775 keeps any local licensing law alive.
New York's home improvement contract law (General Business Law Article 36-A) still applies. Under §770, a home improvement means repairing, remodeling, altering, converting or modernizing a home, or adding to it; a contract for one is any deal above $500; and whoever offers or agrees to do such work for pay, once its contract revenue passes $1,500 within 12 months, counts as a home improvement contractor.
Plumbing is another matter inside the City. The City of Rochester's Plumbing Licensing Ordinance (City Code chapter 40) bars anyone from running a plumbing business there without a City license, has that licensed plumber pull permits and get inspections, and ties any sewer or water-main hookup permit to a certificate of competency from the Examining Board of Plumbers, which tests and licenses master plumbers ((585) 428-6140, via the Mayor's Office). Chapter 49 does likewise for electrical businesses. Towns issue their own plumbing permits; ask each building department which plumbing license it accepts.
So Basement Waterproofing Rochester NY never offers work, names no contractor and calls nobody licensed. It only refers and advertises, holding no contractor or trade license and making no inspections, bids or guarantees. Whichever independent contractor receives your request may buy flat-fee advertising here, free during a trial for now, while homeowners are never charged or given anything.
Before You Sign Anything
Under §771, a home improvement contract above $500 is written in plain English and signed by everyone, changes included, and you get a copy with the contractor's signature before work starts. It should show:
- Who and when. Name, address and telephone number, a license number only "if applicable", and rough start and substantial-completion dates.
- What and how much. The work, the materials by make and model, and the price.
- Payments by stage. Progress payments matched to stages of the job.
- Notices and insurance. Lien, deposit and cancellation notices, plus, since April 23, 2022, any property or casualty insurance on the work and how to reach the insurer.
Early payments go into a trust or escrow account (Lien Law §71-a); the alternative is a bond, contract of indemnity or irrevocable letter of credit posted by the contractor. The tip card adds that escrow withdrawals should bear a "reasonable relationship" to finished work. There is no deposit cap, so consider keeping the up-front sum modest, and get warranty terms in writing.
False written statements that get you to sign can bring a $500 penalty plus reasonable attorney's fees, besides damages (§772). Technical breaches of the contract rules risk civil penalties up to $100; substantial ones, like no escrow or bond or no substantially compliant contract, the greater of $250 each or 5% of the price, at most $2,500 per contract (§773). The Attorney General may sue (§774), and §771-A keeps contractors out of financing a job unless it is disclosed and agreed in writing.
The Three-Day Cancel Rule
You can generally cancel a signed home improvement contract until midnight of the third business day (§771(1)(h)). The lone exception needs all three: you made first contact, the job meets a real emergency, and you signed a separate, dated waiver written by hand.
The door-to-door sales law (Personal Property Law §426 and §428) generally adds the same three-business-day window for sales over $25 solicited in person away from the seller's place of business, even ones you invited. Repair or maintenance visits you asked for, emergencies you started with a handwritten waiver, and mail or telephone sales fall outside it.
GBL §349 outlaws deceptive business practices and §350 false advertising; an injured buyer can recover actual damages or $50, whichever is more, and up to triple damages, to $1,000, when the violation is willful. Complaints go to the Attorney General's Rochester regional office, (585) 546-3240.
Local Programs Worth Knowing
The City of Rochester and Monroe County split the sewer work. City pipes carry rain and sewage together, and the Rochester Pure Waters District, set up in 1971 when overflows reached waterways about 70 times a year, dug roughly 30 miles of tunnels from 1975 to 1993, 12 to 16 feet wide and about 150 feet down, holding 175 million gallons.
Pure Waters, not the City, looks after public sewers in the City and just three towns, Chili one of them. Report a backup there to 585-753-7600, option 1, and a crew is sent. Indoor plumbing is the owner's; if a plumber traces the fault to the main, or to the lateral on the street side of the lot-line clean-out, call Pure Waters.
For City homes, the County recommends shutting every route sewage could use: floor drains capped by a plumber, and check valves, gate valves, standpipes or drain plugs fitted by a licensed plumber. Its Sewer Use Law calls sump pumps, cellar drains and foundation drains inflow and keeps that water out of sanitary sewers without the Director's approval (combined sewers are treated differently), and some districts require a Sewer Connection Permit for a new hookup. The County notes most homeowner policies skip sewer-backup damage; ask your agent about a rider. City questions: 311 (585-428-5990) or DES (585-428-6855).
Other towns run their own sewers, and City offices don't apply. Henrietta says its owners maintain the lateral from house to main, connection included.
Local Rules That Apply
In the City, permits come from the Bureau of Zoning & Permitting (Room 121B, City Hall, 30 Church St; 585-428-6526; walk-ins Monday, Wednesday and Friday, 9 to 4). Its general-work packet wants workers' compensation certificates (C105.2 or U-26.2, CE-200, or BP-1 for an owner doing the work on a one- to four-family home; ACORD forms aren't accepted), warns a separate plumbing or electrical permit may apply, and sends preservation-district and landmark homes for zoning approval (585-428-7043). Waterproofing and sumps aren't mentioned, so ask.
Towns permit their own work. Irondequoit (585-336-6026; applications (585) 336-6020) requires permits for foundation work and basement remodeling and lists waterproofing and sump pumps on its fee schedule. Penfield (585-340-8636) generally wants permits for structural work and for any plumbing installed, altered, repaired or replaced. Greece (585-723-2443), Chili (585-889-6143) and Henrietta (585-359-7060) answer for themselves. Structural, foundation and digging work typically needs a building permit from the house's City or town office, sewer and plumbing changes a separate permit pulled by a licensed master plumber, and the contractor confirms and files whichever apply.
Quick Answers
Does a Rochester waterproofer need a state license?
No. New York has no statewide home improvement license and Monroe County requires none. Ask instead for references, a local address you can visit, the insurance certificate and a §771 written contract. Any plumbing still needs a licensed master plumber and a permit.
Will this site help with my insurance company?
No. Insurance Law §2101 and §2108 require anyone paid to help a policyholder negotiate or settle a claim to be licensed as a public adjuster, and this site does no such thing. On sewer-backup coverage, the County's advice is to read your policy and ask your agent about a rider.
Read the Rules Yourself
- GBL §§349, 350, 770, 771, 771-A, 772, 773, 774, 775; Personal Property Law §§426, 428; Insurance Law §§2101, 2108. On nysenate.gov, plus the NY Attorney General's contractor tip card on ag.ny.gov.
- City Code chapters 40 and 49 (ecode360); cityofrochester.gov. The Examining Board of Plumbers, 311 and the Interior/Exterior Work permit packet (October 2024).
- monroecounty.gov. Basement Sewage Information, Pure Waters, DES, the Pure Waters history and the Sewer Use Law.
- Town websites. Building and sewer pages for the five towns. All sources read 2026-10-10.
Request an Estimate
Send the short request form to be put in touch with one independent contractor serving the Rochester area, who contacts you, sees the basement if you agree and writes up its own scope and price. Rough numbers first? Try the cost calculator or the wet basement checker.