District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0737 Introduced / Bill

Filed 03/01/2024

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Councilmember Brooke Pinto       Chairman Phil Mendelson 2 
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Councilmember Janeese Lewis George 6 
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A BILL 10 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 
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 17 To amend Subchapter I-B of Chapter 28 of Title 47 to create a Board of Residential and 18 
Commercial Contractors; and to establish eligibility criteria for the licensure of 19 
residential and commercial contractors. 20 
 21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22 
act may be cited as the “General Contractor Licensing Amendment Act of 2024”. 23 
Sec. 2. Subchapter I -B of Chapter 28 of Title 47 of the District of Columbia Official Code 24 
is amended as follows: 25 
(a) The table of contents is amended as follows: 26 
“Part N-i. Residential and commercial contractors. 27 
“Sec. 47-2853.175. Definitions. 28 
“Sec. 47.2853.176. Scope of practice
 for residential and commercial contractors. 29 
“Sec. 47-2853.178. Necessity for license; exemptions. 30 
“Sec. 47-2853.177. Eligibility criteria .”. 31 
(b) Section 47-2853.06 is amended by adding a new subsection (i) to read as follows: 32 
 “(i) There is established a Board of Residential and Commercial Contractors to 33 
consist of 7 members, of whom: 34   
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“(A) One shall be construction managers licensed in the District; 35 
 “(B) Four shall be general contractors licensed in the District with at least 36 
two years of experience in residential property construction or repair	; and 37 
 “(C) Two shall be general contractors licensed in the District with at least 38 
two years of experience in commercial property construction or repair	.”. 39 
 (c) A new Part N -i is added to read as follows: 40 
 “Sec. 47- 2853.175. Definitions . 41 
 “As used in this part: 42 
 “(1) “Board” means the Board of Residential and Commercial Contractors	. 43 
 “(2) “Commercial contractor” means a contractor who acts with regard to all or 44 
any part of any real property or appurtenance that is not residential real property. 45 
 “(3) “Commercial property” shall have the same meaning as § 42–2103(1A).  46 
 “(4) “Contractor” means any person, firm, partnership, corporation, association, 47 
or other organization or entity 	which, for compensation or with the intent to sell, undertakes or 48 
offers to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, 49 
move, wreck or demolish any building, highway, road, railroad, excavation or other structure, 50 
project, development or improvement. 51 
 “(5) “Residential contractor” means a contractor acting with regard to all or any 52 
part of a residential real property or appurtenance.  53 
 “(6) “Residential real property” means: 54 
 “(A) A single-family residential dwelling or unit, including a 55 
condominium, cooperative unit, townhouse, or rowhouse; or 56 
 “(B) Improved real estate that consists of two residential units or more. 57   
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 “Sec. 47-2853.176. Scope of practice for residential and commercial contractors.  58 
 “For purposes of this part, the practice of residential contracting or commercial 59 
contracting shall not include construction work on electrical systems, elevators, fire protection 60 
systems, refrigeration or air conditioning systems, or any other work that requires a specific trade 61 
license issued by the Board of Industrial Trades pursuant to Subchapter I-B.  62 
 “Sec. 47-2853.178. Necessity for license; exemptions. 63 
 “(a) No person may engage in the District in any activity as a commercial 	contractor or 64 
residential contractor, or submit a bid to perform work as a commercial contractor or residential 65 
contractor, as defined in § 47- 2853.175, unless that person holds an applicable license issued 66 
under the provisions of this part.  67 
 “(b) The following are exempt from licensure: 68 
 “(1) Work done exclusively by employees of the United States government or the 69 
District of Columbia; 70 
 “(2) The sale or installation of a finished product, material or article, or 71 
merchandise which is not actually fabricated into and does not become a permanent fixed part of 72 
the structure;  73 
 “(3) A material supplier who renders advice concerning use of products sold and 74 
who does not provide construction or installation services; 75 
 “(4) Work performed by an employer’s employees, for which the employees are 76 
paid regular wages and not a contract price, on commercial property or residential real property 77 
owned or leased by the employer which is not intended for speculative sale or lease; 78 
 “(5) Work performed by a public utility, as defined in § 34–214;  79   
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 “(6) Work performed directly under the supervision of a licensed residential or 80 
commercial contractor when the work is performed by: 81 
 “(A) A student in good standing and enrolled in a public or private 82 
institution of higher education; 83 
 “(B) A student enrolled in a career or technical education program; or 84 
 “(C) An apprentice; or 85 
 “(7) Work personally performed on a residential real property by the owner or 86 
occupant thereof. 87 
 “Sec. 47- 2853.177. Eligibility criteria	. 88 
 “(a) An applicant for licensure as a commercial contractor or residential contractor shall 89 
establish to the satisfaction of the Board of that the applicant: 90 
 “(1) Has at least 4,000 hours or 2 years of experience performing home 91 
improvement or construction work within the last six years; or 92 
 “(2) Has comparable experience or a combination of education and experience 93 
that the Board deems equivalent to the above; and 94 
 “(3) Such additional evidence as the Board determines is necessary.”. 95 
 Sec. 3. Fiscal impact statement. 96 
The Council adopts the fiscal impact statement in the committee report as the fiscal 97 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 98 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 99 
 Sec. 4. Effective date. 100 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 101 
Mayor, action by the Council to override the veto), a 30-	day period of congressional review as 102   
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provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 103 
24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 104 
Columbia Register. 105