| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and |
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| 9 | 9 | | 1 |
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| 10 | 10 | | businesses, so as to amend Chapter 41, relating to residential and general contractors; to2 |
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| 11 | 11 | | rename the general contractor license as a commercial general contractor license and to make3 |
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| 12 | 12 | | conforming amendments throughout; to change certain provisions relating to the4 |
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| 13 | 13 | | membership, qualifications, terms, and meetings of the State Licensing Board for Residential5 |
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| 14 | 14 | | and General Contractors; to require proof of qualified financial responsibility and insurance6 |
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| 15 | 15 | | coverages after taking the examination required for licensure; to change certain provision7 |
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| 16 | 16 | | relating to reciprocity; to change certain provisions relating to eligibility for licensure without8 |
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| 17 | 17 | | examination; to change the notification and designation requirements relating to qualifying9 |
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| 18 | 18 | | agents; to require each business organization that has terminated its qualifying agent to10 |
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| 19 | 19 | | furnish certain information to building inspectors; to make certain changes as to the role of11 |
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| 20 | 20 | | building inspectors; to change provisions relating to the effective date of licensing; to provide12 |
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| 21 | 21 | | for related matters; to repeal conflicting laws; and for other purposes.13 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
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| 23 | 23 | | S. B. 503 |
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| 24 | 24 | | - 1 - 24 LC 36 5753 |
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| 25 | 25 | | SECTION 1. |
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| 26 | 26 | | 15 |
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| 27 | 27 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,16 |
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| 28 | 28 | | is amended by revising Chapter 41, relating to residential and general contractors, as follows:17 |
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| 29 | 29 | | "43-41-1.18 |
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| 30 | 30 | | It is the intent of the General Assembly, in the interest of public health, safety, and welfare,19 |
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| 31 | 31 | | to safeguard homeowners, other property owners, tenants, and the general public against20 |
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| 32 | 32 | | faulty, inadequate, inefficient, and unsafe residential and commercial |
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| 33 | 33 | | general contractors. 21 |
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| 34 | 34 | | The practice of residential and commercial general contracting is declared to be a business22 |
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| 35 | 35 | | or profession affecting the public interest and this chapter shall be liberally construed so23 |
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| 36 | 36 | | as to accomplish the intent and purposes stated in this Code section.24 |
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| 37 | 37 | | 43-41-2.25 |
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| 38 | 38 | | As used in this chapter, the term:26 |
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| 39 | 39 | | (1) 'Board' means the State Licensing Board for Residential and Commercial General27 |
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| 40 | 40 | | Contractors.28 |
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| 41 | 41 | | (2) 'Business organization' means any partnership, corporation, limited liability entity,29 |
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| 42 | 42 | | business trust, joint venture, or other legal entity, other than an individual person, doing30 |
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| 43 | 43 | | business or seeking, offering, or contracting to do business as a contractor or otherwise31 |
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| 44 | 44 | | performing or acting as a contractor as defined in this Code section.32 |
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| 45 | 45 | | (3) 'Commercial general contractor' means a contractor whose services are unlimited as33 |
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| 46 | 46 | | to the type of work which he or she may do, subject to the financial limitations as may34 |
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| 47 | 47 | | be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of35 |
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| 48 | 48 | | Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or36 |
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| 49 | 49 | | a proposal or otherwise offer to perform, and perform any activity or work as a contractor37 |
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| 50 | 50 | | requiring licensure under this chapter including within its scope any work requiring38 |
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| 51 | 51 | | licensure under Chapter 14 of this title; provided, however, that any work contractually39 |
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| 52 | 52 | | undertaken by a commercial general contractor in the nature of electrical contracting,40 |
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| 53 | 53 | | S. B. 503 |
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| 54 | 54 | | - 2 - 24 LC 36 5753 |
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| 55 | 55 | | plumbing, conditioned air contracting, low-voltage contracting, or utility contracting41 |
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| 56 | 56 | | which falls within the licensing requirements of Chapter 14 of this title may not be42 |
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| 57 | 57 | | performed by the commercial general contractor but shall only be performed by a person43 |
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| 58 | 58 | | who is duly licensed to perform such work under Chapter 14 of this title. The44 |
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| 59 | 59 | | construction of all private, commercial, institutional, industrial, public, and other45 |
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| 60 | 60 | | buildings and structures under contract with or engagement directly by an owner shall be46 |
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| 61 | 61 | | undertaken by a commercial general contractor, except as otherwise expressly set forth47 |
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| 62 | 62 | | in or excluded from operation of this chapter.48 |
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| 63 | 63 | | (3)(4) 'Contracting' means performing or causing to be performed any of the activities49 |
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| 64 | 64 | | set forth in paragraphs (3), (4), (5), (9), (10), and (11) of this Code section which define50 |
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| 65 | 65 | | the types of contractors. The offering of contracting services and the negotiation of or51 |
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| 66 | 66 | | bid or proposal for engagement or a contract requiring performance of these services also52 |
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| 67 | 67 | | constitutes contracting.53 |
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| 68 | 68 | | (4)(5) 'Contractor,' except as specifically exempted by this chapter, means a person who54 |
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| 69 | 69 | | is qualified, or required to be qualified, under this chapter and who, for compensation,55 |
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| 70 | 70 | | contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or56 |
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| 71 | 71 | | personally or by others performs the construction or the management of the construction57 |
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| 72 | 72 | | for an owner of any building, bridge, or other structure, including a person who installs58 |
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| 73 | 73 | | industrialized buildings as defined in paragraphs (3) and (4) of Code Section 8-2-111, for59 |
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| 74 | 74 | | the construction or improvement of, addition to, or the repair, alteration, or remodeling60 |
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| 75 | 75 | | of any such building, bridge, or structure for use by the owner or by others or for resale61 |
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| 76 | 76 | | to others. The term 'contractor' for purposes of this chapter shall include a person who62 |
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| 77 | 77 | | contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does63 |
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| 78 | 78 | | himself or herself perform, for an owner:64 |
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| 79 | 79 | | (A) Construction management services relative to the performance by others of such65 |
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| 80 | 80 | | construction activities where the person performing such construction management66 |
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| 81 | 81 | | S. B. 503 |
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| 82 | 82 | | - 3 - 24 LC 36 5753 |
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| 83 | 83 | | services is at risk contractually to the owner for the performance and cost of the |
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| 84 | 84 | | 67 |
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| 85 | 85 | | construction; and68 |
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| 86 | 86 | | (B) Services of a contractor as part of performance of design-build services, whether69 |
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| 87 | 87 | | as a prime contractor, joint venture partner, or as a subcontractor to a design70 |
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| 88 | 88 | | professional acting as prime contractor as part of a design-build entity or combination.71 |
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| 89 | 89 | | Both residential and commercial |
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| 90 | 90 | | general contractors, in addition to contractors licensed72 |
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| 91 | 91 | | under Chapter 14 of this title to perform such work or any component thereof, shall be73 |
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| 92 | 92 | | permitted to construct storm-water management systems comprising any storm-water74 |
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| 93 | 93 | | conveyance or storm-water detention facility that moves storm or surface water from a75 |
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| 94 | 94 | | specific point on a wholly contained construction project site to another specific point on76 |
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| 95 | 95 | | the same project site and which are wholly contained within the project site and are not77 |
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| 96 | 96 | | part of or connected to any public or private water treatment system, waste-water78 |
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| 97 | 97 | | treatment system, or storm-water system.79 |
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| 98 | 98 | | (5) 'General contractor' means a contractor whose services are unlimited as to the type80 |
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| 99 | 99 | | of work which he or she may do, subject to the financial limitations as may be imposed81 |
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| 100 | 100 | | by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section82 |
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| 101 | 101 | | 43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or83 |
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| 102 | 102 | | otherwise offer to perform, and perform any activity or work as a contractor requiring84 |
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| 103 | 103 | | licensure under this chapter including within its scope any work requiring licensure under85 |
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| 104 | 104 | | Chapter 14 of this title; provided, however, that any work contractually undertaken by a86 |
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| 105 | 105 | | general contractor in the nature of electrical contracting, plumbing, conditioned air87 |
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| 106 | 106 | | contracting, low voltage contracting, or utility contracting which falls within the licensing88 |
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| 107 | 107 | | requirements of Chapter 14 of this title may not be performed by the general contractor89 |
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| 108 | 108 | | but shall only be performed by a person who is duly licensed to perform such work under90 |
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| 109 | 109 | | Chapter 14 of this title. The construction of all private, commercial, institutional,91 |
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| 110 | 110 | | industrial, public, and other buildings and structures under contract with or engagement92 |
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| 111 | 111 | | S. B. 503 |
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| 112 | 112 | | - 4 - 24 LC 36 5753 |
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| 113 | 113 | | directly by an owner shall be undertaken by a general contractor, except as otherwise93 |
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| 114 | 114 | | expressly set forth in or excluded from operation of this chapter.94 |
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| 115 | 115 | | (6) An 'owner' of real property means a person or entity that has a majority ownership95 |
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| 116 | 116 | | interest in the real property to be improved and for whom an improvement is made or96 |
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| 117 | 117 | | who contracts with or engages, directly or through an agent, the contractor to perform the97 |
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| 118 | 118 | | construction work or services.98 |
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| 119 | 119 | | (7) 'Qualifying agent' means a person who possesses the requisite skill, knowledge, and99 |
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| 120 | 120 | | experience and has the responsibility to supervise, direct, manage, and control all of the100 |
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| 121 | 121 | | contracting activities within the State of Georgia of a contractor doing business in the101 |
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| 122 | 122 | | form of a business organization, with which he or she is affiliated by employment or102 |
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| 123 | 123 | | ownership; who has the responsibility to supervise, direct, manage, and control103 |
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| 124 | 124 | | construction activities on any project for which he or she has obtained the building permit104 |
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| 125 | 125 | | pursuant to Code Section 43-41-14; and whose technical and personal qualifications have105 |
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| 126 | 126 | | been determined by investigation and examination as provided in this chapter, except as106 |
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| 127 | 127 | | exempted under Code Section 43-41-8, as attested by the division.107 |
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| 128 | 128 | | (8) 'Real property' means the real estate, or an interest therein, that is improved,108 |
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| 129 | 129 | | including leaseholds, tenements, and easements, and improvements constructed or placed109 |
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| 130 | 130 | | thereon.110 |
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| 131 | 131 | | (9) 'Residential contractor' means any contractor who may contract for, undertake to111 |
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| 132 | 132 | | perform, submit a bid or a proposal or otherwise offer to perform, and perform any112 |
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| 133 | 133 | | activity or work as a contractor requiring licensure under this chapter for a fixed price,113 |
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| 134 | 134 | | commission, fee, wage, or other compensation or who undertakes any activity or work114 |
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| 135 | 135 | | on his or her own behalf or for any person or business organization that is not licensed115 |
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| 136 | 136 | | as a licensed residential contractor pursuant to this chapter where such activity or work116 |
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| 137 | 137 | | falls into the category of residential-basic contractor or residential-light commercial117 |
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| 138 | 138 | | contractor as defined in this Code section and where the total value of the work or activity118 |
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| 139 | 139 | | or of the compensation to be received by the contractor for such activity or work,119 |
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| 140 | 140 | | S. B. 503 |
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| 141 | 141 | | - 5 - 24 LC 36 5753 |
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| 142 | 142 | | whichever is the higher, exceeds $2,500.00. The term 'residential contractor' shall |
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| 143 | 143 | | 120 |
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| 144 | 144 | | include both a residential-basic contractor and a residential-light commercial contractor,121 |
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| 145 | 145 | | except where otherwise expressly stated. The work or activity performed by a residential122 |
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| 146 | 146 | | contractor may include within its scope any work requiring licensure under Chapter 14123 |
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| 147 | 147 | | of this title; provided, however, that any work contractually undertaken by a residential124 |
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| 148 | 148 | | contractor in the nature of electrical contracting, plumbing, conditioned air contracting, 125 |
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| 149 | 149 | | low voltage contracting, or utility contracting which falls within the licensing126 |
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| 150 | 150 | | requirements of Chapter 14 of this title may not be performed by the residential127 |
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| 151 | 151 | | contractor but shall only be performed by a person who is duly licensed to perform such128 |
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| 152 | 152 | | work under Chapter 14 of this title.129 |
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| 153 | 153 | | (10) 'Residential-basic contractor' means and encompasses a person who performs130 |
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| 154 | 154 | | contractor work or activity relative to detached one-family and two-family residences and131 |
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| 155 | 155 | | one-family townhouses not over three stories in height and their accessory buildings and132 |
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| 156 | 156 | | structures.133 |
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| 157 | 157 | | (11) 'Residential-light commercial contractor' means and encompasses a person who134 |
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| 158 | 158 | | performs any contractor work or activity performed by a residential-basic contractor and,135 |
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| 159 | 159 | | additionally, shall include such contractor work or activity related to multifamily and136 |
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| 160 | 160 | | multiuse light commercial buildings and structures, and their related accessory buildings137 |
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| 161 | 161 | | and structures, which are less than four stories in height; less than 25,000 square feet in138 |
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| 162 | 162 | | aggregate interior floor space, except as otherwise provided in this chapter; and are139 |
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| 163 | 163 | | constructed of wood or light gauge metal frame, brick veneer, prefabricated, or140 |
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| 164 | 164 | | manufactured type of construction; or are preengineered steel buildings not exceeding141 |
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| 165 | 165 | | 50,000 square feet of interior floor space; provided that such buildings or structures are142 |
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| 166 | 166 | | not of the type of building or structure that would constitute a special hazard to property143 |
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| 167 | 167 | | or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G),144 |
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| 168 | 168 | | (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more145 |
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| 169 | 169 | | stories, of paragraph (1) of subsection (b) of Code Section 25-2-13.146 |
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| 170 | 170 | | S. B. 503 |
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| 171 | 171 | | - 6 - 24 LC 36 5753 |
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| 172 | 172 | | (12) 'Specialty contractor' means a contractor whose scope of work and responsibility is |
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| 173 | 173 | | 147 |
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| 174 | 174 | | of limited scope dealing with only a specific trade and directly related and ancillary work148 |
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| 175 | 175 | | and whose performance is limited to such specialty construction work requiring special149 |
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| 176 | 176 | | skill and requiring specialized building trades or crafts, including, but not limited to, such150 |
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| 177 | 177 | | activities, work, or services requiring licensure under Chapter 14 of this title.151 |
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| 178 | 178 | | 43-41-3.152 |
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| 179 | 179 | | (a) There is created the State Licensing Board for Residential and Commercial |
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| 180 | 180 | | General153 |
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| 181 | 181 | | Contractors consisting of 15 members appointed by the Governor for five-year terms. The154 |
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| 182 | 182 | | board shall be assigned to the Secretary of State's office for administrative purposes and155 |
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| 183 | 183 | | shall be under the jurisdiction of the division director and shall operate in accordance with156 |
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| 184 | 184 | | and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be157 |
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| 185 | 185 | | comprised composed of two divisions: the residential contractor division, having158 |
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| 186 | 186 | | jurisdiction of and authority over the two subcategories of residential contracting,159 |
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| 187 | 187 | | residential-basic contractors and residential-light commercial contractors, and the160 |
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| 188 | 188 | | commercial general contractor division. Eight members shall be appointed and serve as161 |
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| 189 | 189 | | members of the residential contractor division of the board and seven members shall be162 |
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| 190 | 190 | | appointed and serve as members of the commercial general contractor division of the163 |
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| 191 | 191 | | board. Members shall serve until the expiration of their respective terms and until their164 |
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| 192 | 192 | | successors are appointed and qualified. Vacancies occurring during a term shall be filled165 |
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| 193 | 193 | | by appointment of the Governor for the remainder of the unexpired term and such166 |
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| 194 | 194 | | replacement shall meet the requirements and criteria of selection of the person previously167 |
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| 195 | 195 | | holding the vacant position. To be eligible to serve on the respective divisions of the168 |
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| 196 | 196 | | board, each contractor member shall be and licensed in the category to which the member169 |
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| 197 | 197 | | is appointed and shall remain actively involved in the construction contracting business and170 |
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| 198 | 198 | | shall have been so engaged for a period of not less than five consecutive years before the171 |
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| 199 | 199 | | date of appointment in the particular contracting business, as a residential contractor or172 |
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| 200 | 200 | | S. B. 503 |
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| 201 | 201 | | - 7 - 24 LC 36 5753 |
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| 202 | 202 | | commercial general contractor, corresponding to the division for which such person is173 |
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| 203 | 203 | | appointed. Any contractor members whose term continues after or who are appointed to174 |
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| 204 | 204 | | terms commencing two years from the date that this chapter becomes effective must also175 |
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| 205 | 205 | | have been licensed and certified by the respective division of the board to operate as a176 |
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| 206 | 206 | | contractor in the category to which the member is appointed. The position of any177 |
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| 207 | 207 | | appointive appointed member of the board who, during his or her term of appointment,178 |
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| 208 | 208 | | shall cease to meet the qualifications for original appointment shall be immediately179 |
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| 209 | 209 | | vacated. No member of the board shall be appointed to serve more than two full terms.180 |
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| 210 | 210 | | (b) The residential contractor division shall consist of eight members and, except as181 |
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| 211 | 211 | | otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the182 |
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| 212 | 212 | | practice of the two subcategories of residential contracting, residential-basic contractors183 |
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| 213 | 213 | | and residential-light commercial contractors. Six members shall be residential contractors184 |
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| 214 | 214 | | eligible for licensure licensed under this chapter; provided, however, that effective January185 |
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| 215 | 215 | | 1, 2008, all residential contractor members shall be required to be licensed under this186 |
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| 216 | 216 | | chapter. At least two of the residential contractor members shall be qualified to perform187 |
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| 217 | 217 | | residential-light commercial type projects; three shall be qualified and shall predominantly188 |
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| 218 | 218 | | perform residential-basic type projects licensed as residential-light commercial contractors;189 |
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| 219 | 219 | | at least two shall be licensed as residential-basic contractors; one shall be a licensed190 |
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| 220 | 220 | | residential contractor whose business predominantly involves remodeling projects; one191 |
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| 221 | 221 | | shall be a licensed residential contractor who constructs at least an average of 20 residences192 |
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| 222 | 222 | | per year; and all must be geographically diverse. One member shall be a public building193 |
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| 223 | 223 | | official and one member shall be a public member. The public member shall have no ties194 |
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| 224 | 224 | | with the residential construction industry and shall represent the interests of the public at195 |
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| 225 | 225 | | large. The initial member terms on the residential contractor division shall be staggered196 |
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| 226 | 226 | | so that all terms do not expire simultaneously. Three members shall serve initial terms of197 |
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| 227 | 227 | | five years, three members shall serve initial terms of four years, one member shall serve198 |
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| 228 | 228 | | an initial term of three years, and one member shall serve an initial term of one year. The199 |
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| 229 | 229 | | S. B. 503 |
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| 230 | 230 | | - 8 - 24 LC 36 5753 |
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| 231 | 231 | | residential contractor division shall meet at least six times each year once every two200 |
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| 232 | 232 | | months for the purpose of transacting such business as may properly come before it.201 |
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| 233 | 233 | | (c) The commercial general contractor division shall consist of seven members and, except202 |
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| 234 | 234 | | as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over203 |
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| 235 | 235 | | the practice of commercial general contracting. Five members shall be commercial general204 |
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| 236 | 236 | | contractors eligible for licensure licensed under this chapter. Effective January 1, 2008,205 |
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| 237 | 237 | | all general contractor members shall be required to be licensed under this chapter. At least206 |
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| 238 | 238 | | two of the commercial general contractor members shall be small-volume builders with an207 |
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| 239 | 239 | | annual contracting volume of less than $5 $10 million and all of whom must be208 |
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| 240 | 240 | | geographically diverse. One member shall be a currently licensed or registered architect209 |
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| 241 | 241 | | or engineer and one member shall be a public building official. The initial member terms210 |
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| 242 | 242 | | on the commercial general contractor division shall be staggered so that all terms do not211 |
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| 243 | 243 | | expire simultaneously. Three members, including at least two contractor members, shall212 |
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| 244 | 244 | | serve initial terms of five years; three members, including at least two contractor members,213 |
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| 245 | 245 | | shall serve initial terms of four years; and one member shall serve an initial term of three214 |
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| 246 | 246 | | years. The commercial general contractor division shall meet at least six times each year215 |
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| 247 | 247 | | once every two months for the purpose of transacting such business as may properly come216 |
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| 248 | 248 | | before it.217 |
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| 249 | 249 | | 43-41-4.218 |
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| 250 | 250 | | (a) The initial members of the board shall be appointed no later than July 1, 2005. The 219 |
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| 251 | 251 | | fifteenth member of the board shall be appointed not later than July 1, 2007. The board220 |
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| 252 | 252 | | shall meet within 30 days after its appointment at a time and place to be designated by the221 |
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| 253 | 253 | | Governor and organize by electing elect a chairperson and a vice chairperson, each to serve222 |
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| 254 | 254 | | for a one-year term commencing on the first day of July each year.223 |
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| 255 | 255 | | (b) The office of chairperson of the board shall be rotated between the two divisions224 |
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| 256 | 256 | | enumerated in this chapter, with the office of vice chairperson to be held by a member of225 |
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| 257 | 257 | | S. B. 503 |
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| 258 | 258 | | - 9 - 24 LC 36 5753 |
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| 259 | 259 | | the division other than that in which the chairperson serves, unless the board, through its |
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| 260 | 260 | | 226 |
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| 261 | 261 | | rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall227 |
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| 262 | 262 | | be filled by the members for the unexpired term. The person selected to fill the vacancy228 |
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| 263 | 263 | | shall be a member of the same division as the chairperson whose departure has created the229 |
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| 264 | 264 | | vacancy.230 |
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| 265 | 265 | | (c) The board shall meet at the call of the chairperson or upon the recommendation of a231 |
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| 266 | 266 | | majority of its members. Eight members of the board, including at least three members232 |
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| 267 | 267 | | from each of its divisions, shall constitute a quorum for transaction of business by the233 |
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| 268 | 268 | | board.234 |
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| 269 | 269 | | (d) Each division within the board shall also elect from its membership a chairperson and235 |
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| 270 | 270 | | a vice chairperson who shall each serve for a term of two years. Any vacancy in the office236 |
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| 271 | 271 | | of either the chairperson or vice chairperson shall be filled by one of the members of the237 |
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| 272 | 272 | | respective division for the unexpired term.238 |
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| 273 | 273 | | (e) Any member elected chairperson of a division may not serve more than two239 |
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| 274 | 274 | | consecutive full terms of office.240 |
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| 275 | 275 | | (f) Each division shall carry out its powers and duties as provided for in this chapter with241 |
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| 276 | 276 | | the assistance of the division director and staff of the professional licensing boards division242 |
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| 277 | 277 | | of the Secretary of State's office and the officers and staff of the board. Each division of243 |
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| 278 | 278 | | the board shall operate and transact its business independently of the other division and of244 |
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| 279 | 279 | | the board at large, except as required by this chapter and to the extent of common interests245 |
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| 280 | 280 | | and functions, including staffing and administration. Each division of the board shall have246 |
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| 281 | 281 | | delegated from the board the power and authority to take all appropriate actions in the247 |
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| 282 | 282 | | organization and administration of each respective division and the effectuation and248 |
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| 283 | 283 | | implementation of the licensing and enforcement processes required under this chapter,249 |
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| 284 | 284 | | subject to ultimate oversight and review by the board.250 |
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| 285 | 285 | | (g) The divisions of the board shall meet at the call of the chairperson of the division.251 |
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| 286 | 286 | | S. B. 503 |
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| 287 | 287 | | - 10 - 24 LC 36 5753 |
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| 288 | 288 | | (h) The board shall not take action on any matter specifically delegated to and under the |
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| 289 | 289 | | 252 |
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| 290 | 290 | | authority and control of the one of its divisions unless at least four of its members from the253 |
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| 291 | 291 | | affected division are present and participating in such action or decision.254 |
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| 292 | 292 | | (i) The division director, or his or her designee, shall keep a record of the proceedings of255 |
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| 293 | 293 | | the board and its respective divisions.256 |
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| 294 | 294 | | 43-41-5.257 |
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| 295 | 295 | | (a) The board shall meet at least twice each year for the purpose of transacting such258 |
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| 296 | 296 | | business as may properly come before it and of overseeing the operation of its divisions.259 |
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| 297 | 297 | | (b) The board and its divisions shall have the power to:260 |
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| 298 | 298 | | (1) Request from the various departments, agencies, and authorities of the state and its261 |
|---|
| 299 | 299 | | political subdivisions and their agencies and authorities such available information as262 |
|---|
| 300 | 300 | | they may require in their work; and all such departments, agencies, and authorities shall263 |
|---|
| 301 | 301 | | furnish such requested available information to the board and its divisions within a264 |
|---|
| 302 | 302 | | reasonable time;265 |
|---|
| 303 | 303 | | (2) Provide by regulation for reciprocity with other states or territories of the United266 |
|---|
| 304 | 304 | | States in the licensing of residential and commercial |
|---|
| 305 | 305 | | general contractors, provided that267 |
|---|
| 306 | 306 | | such other states have requirements substantially equal to the requirements in force in this268 |
|---|
| 307 | 307 | | state for registration, licensure, or certification and that any such contractor holding a269 |
|---|
| 308 | 308 | | current and valid license, certificate, or registration from another state or territory seeking270 |
|---|
| 309 | 309 | | licensure by way of reciprocity shall demonstrate that such applicant meets, in the271 |
|---|
| 310 | 310 | | discretion of the respective division, the qualifications, requirements, and criteria set forth272 |
|---|
| 311 | 311 | | in Code Section 43-41-6, other than the requirement to take and pass an examination as273 |
|---|
| 312 | 312 | | set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise274 |
|---|
| 313 | 313 | | in compliance with all requirements of the State of Georgia for transaction of such275 |
|---|
| 314 | 314 | | business within this state; provided, further, that a similar privilege is offered to residents276 |
|---|
| 315 | 315 | | of this state by the other state or territory;277 |
|---|
| 316 | 316 | | S. B. 503 |
|---|
| 317 | 317 | | - 11 - 24 LC 36 5753 |
|---|
| 318 | 318 | | (3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this |
|---|
| 319 | 319 | | 278 |
|---|
| 320 | 320 | | title;279 |
|---|
| 321 | 321 | | (4) Adopt official seals for their use and change them at pleasure;280 |
|---|
| 322 | 322 | | (5) Establish the policies and procedures for regulating the businesses of residential281 |
|---|
| 323 | 323 | | contracting and commercial |
|---|
| 324 | 324 | | general contracting and provide interpretation and guidance282 |
|---|
| 325 | 325 | | regarding the implementation and application of such policies and procedures;283 |
|---|
| 326 | 326 | | (6) Determine qualifications for licensure or certification, including such experience284 |
|---|
| 327 | 327 | | requirements as the board deems necessary;285 |
|---|
| 328 | 328 | | (7) Promulgate and adopt rules and regulations necessary to carry out this chapter;286 |
|---|
| 329 | 329 | | (8) Establish and define appropriate categories of commercial general contractor287 |
|---|
| 330 | 330 | | licensure based upon financial criteria; and288 |
|---|
| 331 | 331 | | (9) Allow for inactive status pursuant to Code Section 43-1-22.289 |
|---|
| 332 | 332 | | (c) Regarding the powers and authorities conferred by this Code section relative to the290 |
|---|
| 333 | 333 | | residential-light commercial contractor subcategory of the residential contractor291 |
|---|
| 334 | 334 | | classification under this chapter, due to the characteristics of such subcategory, such292 |
|---|
| 335 | 335 | | powers and authorities shall be delegated to and conferred upon, in the first instance, a293 |
|---|
| 336 | 336 | | combined and overlapping subdivision comprising four members of both of the divisions,294 |
|---|
| 337 | 337 | | two of whom shall be the residential-light commercial qualified members of the residential295 |
|---|
| 338 | 338 | | contractor division and two of whom shall be the small volume qualified members of the296 |
|---|
| 339 | 339 | | commercial general contractor division, with neither division having sole oversight and297 |
|---|
| 340 | 340 | | control of such powers and authorities. The chairperson of such combined subdivision298 |
|---|
| 341 | 341 | | shall be rotated annually between the chairperson of the residential contractor division and299 |
|---|
| 342 | 342 | | the chairperson of the commercial general contractor division, with the residential300 |
|---|
| 343 | 343 | | contractor chairperson initially serving as chairperson. The combined subdivision shall301 |
|---|
| 344 | 344 | | meet at the call of such chairperson. However, regarding the actual issuance of licenses302 |
|---|
| 345 | 345 | | under this chapter for residential-light commercial contracting and any powers and303 |
|---|
| 346 | 346 | | authorities relative to administration, oversight, control, or disciplinary action of persons304 |
|---|
| 347 | 347 | | S. B. 503 |
|---|
| 348 | 348 | | - 12 - 24 LC 36 5753 |
|---|
| 349 | 349 | | issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15, |
|---|
| 350 | 350 | | 305 |
|---|
| 351 | 351 | | and 43-41-16, the residential contractor division shall have full power and authority. Any306 |
|---|
| 352 | 352 | | determinations made or actions taken by this subdivision shall be subject to the ultimate307 |
|---|
| 353 | 353 | | review, oversight, control, power, and authority of the board.308 |
|---|
| 354 | 354 | | (d)(1) The division director is authorized to make, or cause to be made through309 |
|---|
| 355 | 355 | | employees or contract agents of the board, such investigations as he or she or the board310 |
|---|
| 356 | 356 | | may deem necessary or proper for the enforcement of the provisions of this chapter. Any311 |
|---|
| 357 | 357 | | person properly conducting an investigation on behalf of the board shall have access to312 |
|---|
| 358 | 358 | | and may examine any writing, document, or other material relating to the fitness of any313 |
|---|
| 359 | 359 | | licensee or applicant. The division director or his or her appointed representative may314 |
|---|
| 360 | 360 | | issue subpoenas to compel such access upon a determination that reasonable grounds315 |
|---|
| 361 | 361 | | exist for the belief that a violation of this chapter or any other law relating to the practice316 |
|---|
| 362 | 362 | | of residential or commercial |
|---|
| 363 | 363 | | general contracting may have taken place.317 |
|---|
| 364 | 364 | | (2) The results of all investigations initiated by the board shall be reported solely to the318 |
|---|
| 365 | 365 | | board, and the records of such investigations shall be kept for the board by the division319 |
|---|
| 366 | 366 | | director, with the board retaining the right to have access at any time to such records. No320 |
|---|
| 367 | 367 | | part of any such records shall be released, except to the board, for any purpose other than321 |
|---|
| 368 | 368 | | a hearing before the board, nor shall such records be subject to subpoena; provided,322 |
|---|
| 369 | 369 | | however, that the board shall be authorized to release such records to another323 |
|---|
| 370 | 370 | | enforcement agency or lawful licensing authority.324 |
|---|
| 371 | 371 | | (3) The board shall have the authority to exclude all persons during its deliberations on325 |
|---|
| 372 | 372 | | disciplinary proceedings and to discuss any disciplinary matter in private with a licensee326 |
|---|
| 373 | 373 | | or applicant and the legal counsel of that licensee or applicant.327 |
|---|
| 374 | 374 | | (e) A person, firm, corporation, association, authority, or other entity shall be immune328 |
|---|
| 375 | 375 | | from civil and criminal liability for reporting or investigating the acts or omissions of a329 |
|---|
| 376 | 376 | | licensee or applicant which violate the provisions of this chapter or any other provision of330 |
|---|
| 377 | 377 | | law relating to a licensee's or applicant's fitness to practice as a licensed residential or331 |
|---|
| 378 | 378 | | S. B. 503 |
|---|
| 379 | 379 | | - 13 - 24 LC 36 5753 |
|---|
| 380 | 380 | | commercial general contractor or for initiating or conducting proceedings against such332 |
|---|
| 381 | 381 | | licensee or applicant, if such report is made or action is taken in good faith, without fraud333 |
|---|
| 382 | 382 | | or malice.334 |
|---|
| 383 | 383 | | (f) The denial of a license on grounds other than those enumerated in this chapter, the335 |
|---|
| 384 | 384 | | issuance of a private reprimand, the denial of a license by reciprocity, the denial of a336 |
|---|
| 385 | 385 | | request for reinstatement of a revoked license, or the refusal to issue a previously denied337 |
|---|
| 386 | 386 | | license shall not be considered to be a contested case within the meaning of Chapter 13 of338 |
|---|
| 387 | 387 | | Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the339 |
|---|
| 388 | 388 | | meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall340 |
|---|
| 389 | 389 | | be allowed to appear before the appropriate division if he or she so requests.341 |
|---|
| 390 | 390 | | (g) If any licensee or applicant fails to appear at any hearing after reasonable notice, the342 |
|---|
| 391 | 391 | | board may proceed to hear the evidence against such licensee or applicant and take action343 |
|---|
| 392 | 392 | | as if such licensee or applicant had been present. A notice of hearing, initial or344 |
|---|
| 393 | 393 | | recommended decision, or final decision of the board in a disciplinary proceeding shall be345 |
|---|
| 394 | 394 | | served upon the licensee or applicant by certified mail or statutory overnight delivery,346 |
|---|
| 395 | 395 | | return receipt requested, to the last known address of record with the board. If such347 |
|---|
| 396 | 396 | | material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the348 |
|---|
| 397 | 397 | | licensee or applicant cannot, after diligent effort, be located, the division director shall be349 |
|---|
| 398 | 398 | | deemed to be the agent for service for such licensee or applicant for purposes of this Code350 |
|---|
| 399 | 399 | | section, and service upon the division director shall be deemed to be service upon the351 |
|---|
| 400 | 400 | | licensee or applicant.352 |
|---|
| 401 | 401 | | (h) The voluntary surrender of a license shall have the same effect as a revocation of the353 |
|---|
| 402 | 402 | | license, subject to reinstatement in the discretion of the board.354 |
|---|
| 403 | 403 | | (i) This Code section shall apply equally to all licensees or applicants whether individuals,355 |
|---|
| 404 | 404 | | partners, or members of any other incorporated or unincorporated associations,356 |
|---|
| 405 | 405 | | corporations, business organizations, or other associations of any kind whatsoever.357 |
|---|
| 406 | 406 | | S. B. 503 |
|---|
| 407 | 407 | | - 14 - 24 LC 36 5753 |
|---|
| 408 | 408 | | (j) All subpoenas issued pursuant to the authority granted in this chapter shall be subject |
|---|
| 409 | 409 | | 358 |
|---|
| 410 | 410 | | to the general rules of law with respect to distance, tender of fees and expenses, and359 |
|---|
| 411 | 411 | | protective orders; and any motion made with respect thereto shall be made to and passed360 |
|---|
| 412 | 412 | | on by a judge of the superior court of the county of residence of the person to whom the361 |
|---|
| 413 | 413 | | subpoena is directed.362 |
|---|
| 414 | 414 | | 43-41-6.363 |
|---|
| 415 | 415 | | (a) Anyone seeking to be licensed as a residential contractor or as a commercial |
|---|
| 416 | 416 | | general364 |
|---|
| 417 | 417 | | contractor in this state shall file an application on a form provided by the residential365 |
|---|
| 418 | 418 | | contractor or commercial general contractor division, respectively, accompanied by an366 |
|---|
| 419 | 419 | | application fee as provided by the board. Such an application may be submitted either by:367 |
|---|
| 420 | 420 | | (1) An individual person seeking issuance of a license in his or her own name for368 |
|---|
| 421 | 421 | | purposes of engaging in the profession of residential or commercial general contracting369 |
|---|
| 422 | 422 | | in his or her own name or doing business as an individual in a trade name as a sole370 |
|---|
| 423 | 423 | | proprietorship; or371 |
|---|
| 424 | 424 | | (2) An individual person affiliated by ownership or employment with and acting as a372 |
|---|
| 425 | 425 | | qualifying agent for a business organization seeking to engage in the profession of373 |
|---|
| 426 | 426 | | residential or commercial general contracting in the name of the business organization374 |
|---|
| 427 | 427 | | in accordance with and pursuant to Code Section 43-41-9.375 |
|---|
| 428 | 428 | | Additionally, all applicants must submit to and successfully pass an examination prepared376 |
|---|
| 429 | 429 | | by, prepared for, or approved by the appropriate division, except where an applicant is377 |
|---|
| 430 | 430 | | otherwise qualified for licensure and has satisfied the appropriate division requirements and378 |
|---|
| 431 | 431 | | regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from379 |
|---|
| 432 | 432 | | the examination requirement or where the applicant is an individual acting as a qualifying380 |
|---|
| 433 | 433 | | agent for a business organization and has previously obtained and maintained continuously381 |
|---|
| 434 | 434 | | a license issued by the appropriate division, either as an individual doing business in his382 |
|---|
| 435 | 435 | | S. B. 503 |
|---|
| 436 | 436 | | - 15 - 24 LC 36 5753 |
|---|
| 437 | 437 | | or her own name or doing business as an individual in a trade name as a sole proprietor or |
|---|
| 438 | 438 | | 383 |
|---|
| 439 | 439 | | as a qualifying agent for another business organization.384 |
|---|
| 440 | 440 | | (b) A person shall be eligible for licensure as a residential-basic contractor by the385 |
|---|
| 441 | 441 | | residential contractor division if the person:386 |
|---|
| 442 | 442 | | (1) Is at least 21 years of age;387 |
|---|
| 443 | 443 | | (2) Is of a good character and is otherwise qualified as to competency, ability, and |
|---|
| 444 | 444 | | 388 |
|---|
| 445 | 445 | | integrity, and financial responsibility;389 |
|---|
| 446 | 446 | | (3) Has at least two years of proven experience working as or in the employment of a390 |
|---|
| 447 | 447 | | residential contractor, predominantly in the residential-basic category, or other proven391 |
|---|
| 448 | 448 | | experience deemed substantially similar by the division; and392 |
|---|
| 449 | 449 | | (4) Has had significant responsibility for the successful performance and completion of393 |
|---|
| 450 | 450 | | at least two projects falling within the residential-basic category in the two years394 |
|---|
| 451 | 451 | | immediately preceding application.395 |
|---|
| 452 | 452 | | (c) A person shall be eligible for licensure as a residential-light commercial contractor by396 |
|---|
| 453 | 453 | | the residential-light commercial subdivision if the person:397 |
|---|
| 454 | 454 | | (1) Is at least 21 years of age;398 |
|---|
| 455 | 455 | | (2) Is of a good character and is otherwise qualified as to competency, ability, and399 |
|---|
| 456 | 456 | | integrity, and financial responsibility;400 |
|---|
| 457 | 457 | | (3) Meets eligibility requirements according to one of the following criteria:401 |
|---|
| 458 | 458 | | (A) Has received a baccalaureate degree from an accredited four-year college or402 |
|---|
| 459 | 459 | | university in the field of engineering, architecture, construction management, building403 |
|---|
| 460 | 460 | | construction, or other field acceptable to the division and has at least one year of proven404 |
|---|
| 461 | 461 | | experience working as or in the employment of a residential contractor, commercial405 |
|---|
| 462 | 462 | | general contractor, or other proven experience deemed substantially similar by the406 |
|---|
| 463 | 463 | | division;407 |
|---|
| 464 | 464 | | (B) Has a combination acceptable to the division of academic credits from any408 |
|---|
| 465 | 465 | | accredited college-level courses and proven practical experience working as or in the409 |
|---|
| 466 | 466 | | S. B. 503 |
|---|
| 467 | 467 | | - 16 - 24 LC 36 5753 |
|---|
| 468 | 468 | | employment of a residential contractor, commercial general contractor, or other proven410 |
|---|
| 469 | 469 | | experience deemed substantially similar by the division equaling at least four years in411 |
|---|
| 470 | 470 | | the aggregate. For purposes of this subparagraph, all university, college, junior college,412 |
|---|
| 471 | 471 | | or community college-level courses shall be considered accredited college-level413 |
|---|
| 472 | 472 | | courses; or414 |
|---|
| 473 | 473 | | (C) Has a total of at least four years of proven active experience working in a415 |
|---|
| 474 | 474 | | construction industry related field, at least two of which shall have been as or in the416 |
|---|
| 475 | 475 | | employment of a residential contractor, or other proven experience deemed acceptable417 |
|---|
| 476 | 476 | | by the division; and418 |
|---|
| 477 | 477 | | (4) Has had significant responsibility for the successful performance and completion of419 |
|---|
| 478 | 478 | | at least two projects falling within the residence-light commercial category in the four420 |
|---|
| 479 | 479 | | years immediately preceding application.421 |
|---|
| 480 | 480 | | (d) A person shall be eligible for licensure as a commercial general contractor by the422 |
|---|
| 481 | 481 | | commercial general contractor division if the person:423 |
|---|
| 482 | 482 | | (1) Is at least 21 years of age;424 |
|---|
| 483 | 483 | | (2) Is of a good character and is otherwise qualified as to competency, ability, integrity,425 |
|---|
| 484 | 484 | | and financial responsibility; and426 |
|---|
| 485 | 485 | | (3) Meets eligibility requirements according to one of the following criteria:427 |
|---|
| 486 | 486 | | (A) Has received a baccalaureate degree from an accredited four-year college or428 |
|---|
| 487 | 487 | | university in the field of engineering, architecture, construction management, building429 |
|---|
| 488 | 488 | | construction, or other field acceptable to the division and has at least one year of proven430 |
|---|
| 489 | 489 | | experience working as or in the employment of a commercial general contractor or431 |
|---|
| 490 | 490 | | other proven experience deemed substantially similar by the division;432 |
|---|
| 491 | 491 | | (B) Has a combination acceptable to the division of academic credits from any433 |
|---|
| 492 | 492 | | accredited college-level courses and proven practical experience working as or in the434 |
|---|
| 493 | 493 | | employment of a commercial general contractor or other proven experience deemed435 |
|---|
| 494 | 494 | | substantially similar by the division equaling at least four years in the aggregate. For436 |
|---|
| 495 | 495 | | S. B. 503 |
|---|
| 496 | 496 | | - 17 - 24 LC 36 5753 |
|---|
| 497 | 497 | | purposes of this subparagraph, all university, college, junior college, or community |
|---|
| 498 | 498 | | 437 |
|---|
| 499 | 499 | | college-level courses shall be considered accredited college-level courses; or438 |
|---|
| 500 | 500 | | (C) Has a total of at least four years of proven active experience working in a439 |
|---|
| 501 | 501 | | construction industry related field, at least two of which shall have been as or in the440 |
|---|
| 502 | 502 | | employment of a commercial |
|---|
| 503 | 503 | | general contractor, or other proven experience deemed441 |
|---|
| 504 | 504 | | acceptable by the division and at least one of which shall have been in or relating to442 |
|---|
| 505 | 505 | | administration, marketing, accounting, estimating, drafting, engineering, supervision,443 |
|---|
| 506 | 506 | | or project management, or functions deemed substantially similar by the division.444 |
|---|
| 507 | 507 | | (e)(1) Before being entitled to take an examination or otherwise qualify for issuance of445 |
|---|
| 508 | 508 | | a license, an applicant must show to the satisfaction of the residential contractor division446 |
|---|
| 509 | 509 | | or commercial general contractor division from the application and proofs furnished that447 |
|---|
| 510 | 510 | | the applicant is possessed of a good character and is otherwise qualified as to448 |
|---|
| 511 | 511 | | competency, ability, and integrity, and financial responsibility. The application shall449 |
|---|
| 512 | 512 | | include a list of all persons, entities, and business organizations that the applicant will be450 |
|---|
| 513 | 513 | | affiliated with as a licensed residential contractor or commercial general contractor,451 |
|---|
| 514 | 514 | | whether by way of employment, ownership, serving as an owner or director, partnership,452 |
|---|
| 515 | 515 | | or membership or by serving as a qualifying agent under this chapter. Applicants for a453 |
|---|
| 516 | 516 | | general contractor license shall provide proof of a minimum net worth in an amount454 |
|---|
| 517 | 517 | | which is specified by the general contractor division. Additionally, all applicants shall455 |
|---|
| 518 | 518 | | provide proof of general liability insurance and of workers' compensation insurance as456 |
|---|
| 519 | 519 | | required by the laws of this state in their name. However, if and to the extent the457 |
|---|
| 520 | 520 | | applicant is submitted as a person seeking to act as a qualifying agent of a particular458 |
|---|
| 521 | 521 | | business organization, such proofs and information shall relate and pertain to such459 |
|---|
| 522 | 522 | | business organization rather than the individual applicant, subject to the limitations set460 |
|---|
| 523 | 523 | | forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their461 |
|---|
| 524 | 524 | | social security numbers, if applying as an individual, or the federal taxpayer identification462 |
|---|
| 525 | 525 | | numbers of any business organization for which the applicant is seeking licensure as a463 |
|---|
| 526 | 526 | | S. B. 503 |
|---|
| 527 | 527 | | - 18 - 24 LC 36 5753 |
|---|
| 528 | 528 | | qualifying agent. Applicants for a commercial general contractor's license shall also464 |
|---|
| 529 | 529 | | provide suitable verification of tax payments in a form and manner and for the duration465 |
|---|
| 530 | 530 | | prescribed by the commercial general contractor division; provided, however, that where466 |
|---|
| 531 | 531 | | the application is seeking license as a qualifying agent of a business organization, such467 |
|---|
| 532 | 532 | | tax verification and information shall relate and pertain to that business organization.468 |
|---|
| 533 | 533 | | (2) Before qualifying for issuance of a license, but not before being entitled to take an469 |
|---|
| 534 | 534 | | examination, an applicant must show to the satisfaction of the appropriate division that470 |
|---|
| 535 | 535 | | the applicant is qualified as to financial responsibility. Applicants for a commercial471 |
|---|
| 536 | 536 | | general contractor license shall provide proof of a minimum net worth in an amount472 |
|---|
| 537 | 537 | | specified by the commercial general contractor division. All applicants shall provide473 |
|---|
| 538 | 538 | | proof of general liability insurance in an amount specified by the appropriate division and474 |
|---|
| 539 | 539 | | proof of workers' compensation insurance as required by the laws of this state. If the475 |
|---|
| 540 | 540 | | applicant is submitted as a person seeking to act as a qualifying agent of a business476 |
|---|
| 541 | 541 | | organization, then such proof shall pertain to that business organization rather than the477 |
|---|
| 542 | 542 | | individual applicant, subject to the limitations set forth in Code Section 43-41-9. A478 |
|---|
| 543 | 543 | | certificate by the insurer or other appropriate evidence of insurance coverages shall be479 |
|---|
| 544 | 544 | | maintained with the appropriate division and shall be a condition of renewal.480 |
|---|
| 545 | 545 | | (3) The decision of the appropriate division as to the qualifications of applicants shall,481 |
|---|
| 546 | 546 | | in the absence of fraud or willful or wanton misconduct, be conclusive. A certificate by482 |
|---|
| 547 | 547 | | the insurer or other appropriate evidence of such coverages shall be maintained with the483 |
|---|
| 548 | 548 | | appropriate division and shall be a condition of renewal.484 |
|---|
| 549 | 549 | | (4) A licensee, on his or her own behalf or where acting as a qualifying agent on behalf485 |
|---|
| 550 | 550 | | of the business organization so qualified, must notify the appropriate division in writing486 |
|---|
| 551 | 551 | | within 30 days of any changes in the information required to be on file with such487 |
|---|
| 552 | 552 | | division, including, but not limited to, the licensee's and, if the licensee is acting as a488 |
|---|
| 553 | 553 | | qualifying agent for any business organization, such business organization's current489 |
|---|
| 554 | 554 | | mailing address, insurance coverages, and affiliated entities.490 |
|---|
| 555 | 555 | | S. B. 503 |
|---|
| 556 | 556 | | - 19 - 24 LC 36 5753 |
|---|
| 557 | 557 | | (f)(1) The residential contractor division and the commercial general contractor division491 |
|---|
| 558 | 558 | | shall each conduct or cause to be conducted an examination of all qualified applicants,492 |
|---|
| 559 | 559 | | except those exempted from the examination requirement pursuant to Code Section493 |
|---|
| 560 | 560 | | 43-41-8.494 |
|---|
| 561 | 561 | | (2) The residential contractor division shall conduct or cause to be conducted separate495 |
|---|
| 562 | 562 | | examinations for applicants for residential-basic and residential-light commercial licenses496 |
|---|
| 563 | 563 | | for the purpose of determining a particular applicant's ability to make a practical497 |
|---|
| 564 | 564 | | application of his or her knowledge of the profession of residential contracting in the498 |
|---|
| 565 | 565 | | particular subcategory for which a license is sought; the applicant's qualifications in499 |
|---|
| 566 | 566 | | reading plans and specifications; his or her knowledge of building codes, estimating500 |
|---|
| 567 | 567 | | costs, construction, ethics, contracting, and other similar matters pertaining to such501 |
|---|
| 568 | 568 | | residential contracting business; his or her knowledge as to the responsibilities of a502 |
|---|
| 569 | 569 | | residential contractor to the public and to owners, subcontractors, and suppliers; and his503 |
|---|
| 570 | 570 | | or her knowledge of the requirements of the laws of this state relating to residential-basic504 |
|---|
| 571 | 571 | | and residential-light-commercial contractors, construction, workers' compensation,505 |
|---|
| 572 | 572 | | insurance, and liens.506 |
|---|
| 573 | 573 | | (3) The commercial general contractor division shall conduct or cause to be conducted507 |
|---|
| 574 | 574 | | an examination to ascertain the particular applicant's ability to make a practical508 |
|---|
| 575 | 575 | | application of his or her knowledge of the profession of commercial general contracting;509 |
|---|
| 576 | 576 | | the applicant's qualifications in reading plans and specifications; his or her knowledge of510 |
|---|
| 577 | 577 | | building codes, estimating costs, construction, ethics, contracting, and other similar511 |
|---|
| 578 | 578 | | matters pertaining to the general contracting business; his or her knowledge as to the512 |
|---|
| 579 | 579 | | responsibilities of a general contractor to the public and to owners, subcontractors, and513 |
|---|
| 580 | 580 | | suppliers; and his or her knowledge of the requirements of the laws of this state relating514 |
|---|
| 581 | 581 | | to general contractors, construction, workers' compensation, insurance, surety bonding,515 |
|---|
| 582 | 582 | | and liens.516 |
|---|
| 583 | 583 | | S. B. 503 |
|---|
| 584 | 584 | | - 20 - 24 LC 36 5753 |
|---|
| 585 | 585 | | (4) If the results of the applicant's examination are satisfactory to the appropriate |
|---|
| 586 | 586 | | 517 |
|---|
| 587 | 587 | | division, or he or she is exempted from the examination requirement under Code Section518 |
|---|
| 588 | 588 | | 43-41-8, and if he or she and any affiliated business organization has met the other519 |
|---|
| 589 | 589 | | qualifications and requirements set forth in this Code section, then the appropriate520 |
|---|
| 590 | 590 | | division shall issue to the applicant a license to engage in business as a residential or521 |
|---|
| 591 | 591 | | commercial |
|---|
| 592 | 592 | | general contractor in this state, as provided in such license, in his or her own522 |
|---|
| 593 | 593 | | name as a sole proprietor or as a qualifying agent for the affiliated business organization523 |
|---|
| 594 | 594 | | and in the name of such business organization, pursuant to and in accordance with the524 |
|---|
| 595 | 595 | | requirements set forth in Code Section 43-41-9. A residential contracting license shall525 |
|---|
| 596 | 596 | | indicate for which of the two subcategories, residential-basic or residential-light526 |
|---|
| 597 | 597 | | commercial, the licensee is qualified.527 |
|---|
| 598 | 598 | | (g) Any otherwise qualified applicant failing this examination may be reexamined at any528 |
|---|
| 599 | 599 | | regularly scheduled examination within one year of the date of original application upon529 |
|---|
| 600 | 600 | | payment of a reexamination fee, in an amount to be set by the board, without need to530 |
|---|
| 601 | 601 | | resubmit an application, unless any information set forth in the previously submitted531 |
|---|
| 602 | 602 | | application is no longer accurate or complete. Anyone requesting to take the examination532 |
|---|
| 603 | 603 | | a third fourth or subsequent time shall wait at least one calendar year after the taking of the533 |
|---|
| 604 | 604 | | last examination date of original application and shall submit an application with the534 |
|---|
| 605 | 605 | | appropriate examination fees.535 |
|---|
| 606 | 606 | | (h) A residential contractor license, indicating whether relating to the residential-basic or536 |
|---|
| 607 | 607 | | residential-light commercial category, or commercial general contractor license shall be537 |
|---|
| 608 | 608 | | issued to an applicant who successfully completes the respective requirements therefor538 |
|---|
| 609 | 609 | | upon the payment of fees prescribed by the board.539 |
|---|
| 610 | 610 | | (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to540 |
|---|
| 611 | 611 | | their expiration within six months of the date of expiration by submitting a renewal as541 |
|---|
| 612 | 612 | | prescribed by the board and paying a late renewal fee as determined by the board. After542 |
|---|
| 613 | 613 | | S. B. 503 |
|---|
| 614 | 614 | | - 21 - 24 LC 36 5753 |
|---|
| 615 | 615 | | six months has elapsed from the date of expiration, such license may be reinstated in |
|---|
| 616 | 616 | | 543 |
|---|
| 617 | 617 | | accordance with the rules and regulations of the board.544 |
|---|
| 618 | 618 | | (j) The division director shall give advance notice to each person holding a license under545 |
|---|
| 619 | 619 | | this chapter of the date of the expiration of the certificate of registration and the amount of546 |
|---|
| 620 | 620 | | the fee required for renewal at least one month prior to the expiration date, but the failure547 |
|---|
| 621 | 621 | | to receive such notice shall not avoid the expiration of any license not renewed in548 |
|---|
| 622 | 622 | | accordance with this Code section.549 |
|---|
| 623 | 623 | | (k) As a condition of renewal, the appropriate division may require licensees to complete550 |
|---|
| 624 | 624 | | division approved continuing education of not more than three hours annually for a551 |
|---|
| 625 | 625 | | residential-basic license, six hours annually for a residential-light commercial license, and552 |
|---|
| 626 | 626 | | eight hours annually for a commercial |
|---|
| 627 | 627 | | general contractor license.553 |
|---|
| 628 | 628 | | 43-41-7.554 |
|---|
| 629 | 629 | | A licensed residential contractor and any affiliated entities shall offer a written warranty555 |
|---|
| 630 | 630 | | in connection with each contract to construct, or superintend or manage the construction556 |
|---|
| 631 | 631 | | of, any single-family residence where the total value of the work or activity or the557 |
|---|
| 632 | 632 | | compensation to be received by the contractor for such activity or work exceeds $2,500.00. 558 |
|---|
| 633 | 633 | | The residential contractor division shall establish the minimum requirements of such559 |
|---|
| 634 | 634 | | warranty. The parties to the warranty may agree to submit any or all disputes arising under560 |
|---|
| 635 | 635 | | the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided561 |
|---|
| 636 | 636 | | in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'562 |
|---|
| 637 | 637 | | 43-41-8.563 |
|---|
| 638 | 638 | | (a) Notwithstanding any other provision of this chapter to the contrary, the following564 |
|---|
| 639 | 639 | | persons desiring to qualify for a residential contractor license or a commercial general565 |
|---|
| 640 | 640 | | contractor license under the provisions of this chapter, either individually or as a qualifying566 |
|---|
| 641 | 641 | | agent, shall be eligible for issuance of such a license by the appropriate division without567 |
|---|
| 642 | 642 | | S. B. 503 |
|---|
| 643 | 643 | | - 22 - 24 LC 36 5753 |
|---|
| 644 | 644 | | examination, provided that such person submits a proper application and proofs, pays or |
|---|
| 645 | 645 | | 568 |
|---|
| 646 | 646 | | has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for569 |
|---|
| 647 | 647 | | licensure, and is not otherwise in violation of this chapter:570 |
|---|
| 648 | 648 | | (1) Any person who holds a current and valid license to engage in the comparable |
|---|
| 649 | 649 | | 571 |
|---|
| 650 | 650 | | category of residential or general contracting issued to him or her by any governing572 |
|---|
| 651 | 651 | | authority of any political subdivision of this state which requires passing an examination573 |
|---|
| 652 | 652 | | which is substantially similar to the state examination for residential or general574 |
|---|
| 653 | 653 | | contractors, provided that such person is a Georgia resident and citizen, if an individual575 |
|---|
| 654 | 654 | | applying in his or her own behalf, or is seeking licensure as a qualifying agent for a576 |
|---|
| 655 | 655 | | business organization incorporated in Georgia or otherwise authorized and certified to577 |
|---|
| 656 | 656 | | transact business in Georgia with a regular office and place of business in Georgia578 |
|---|
| 657 | 657 | | currently and having had such office and place of business continuously for the five years579 |
|---|
| 658 | 658 | | immediately preceding such application; provided, further, that the examination results580 |
|---|
| 659 | 659 | | are made available to the appropriate division. Such application and request for581 |
|---|
| 660 | 660 | | exemption must be submitted within the time limits set forth in subsection (a) of Code582 |
|---|
| 661 | 661 | | Section 43-41-17;583 |
|---|
| 662 | 662 | | (2) Any person who has successfully and efficiently engaged in the comparable category584 |
|---|
| 663 | 663 | | of residential or general contracting in this state as provided in this Code section;585 |
|---|
| 664 | 664 | | provided, however, that such person shall be either a resident and citizen of the State of586 |
|---|
| 665 | 665 | | Georgia or, if applying as a qualifying agent for a business organization, such business587 |
|---|
| 666 | 666 | | organization shall be either incorporated in Georgia or is a business organization588 |
|---|
| 667 | 667 | | otherwise authorized and certified to transact business in Georgia with a regular office589 |
|---|
| 668 | 668 | | and place of business in Georgia currently and having had such office and place of590 |
|---|
| 669 | 669 | | business continuously for the five years immediately preceding such application;591 |
|---|
| 670 | 670 | | provided, further, that such application and request for exemption is submitted within the592 |
|---|
| 671 | 671 | | time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she593 |
|---|
| 672 | 672 | | has successfully engaged in residential-basic or residential-light commercial projects, the594 |
|---|
| 673 | 673 | | S. B. 503 |
|---|
| 674 | 674 | | - 23 - 24 LC 36 5753 |
|---|
| 675 | 675 | | person shall be required to give evidence of three successful projects located in Georgia595 |
|---|
| 676 | 676 | | which were successfully completed over the period of five years immediately prior to the596 |
|---|
| 677 | 677 | | time of application; evidence of ten successfully completed residential-basic or597 |
|---|
| 678 | 678 | | residential-light commercial projects located in Georgia over the period of ten years598 |
|---|
| 679 | 679 | | immediately prior to the time of application; or evidence that he or she has participated599 |
|---|
| 680 | 680 | | in or been engaged in residential-basic or residential-light commercial construction in a600 |
|---|
| 681 | 681 | | supervisory or management capacity for seven of the ten years immediately prior to the601 |
|---|
| 682 | 682 | | time of application. To prove that he or she has successfully engaged in commercial602 |
|---|
| 683 | 683 | | general contracting, the person submitting the application shall be required to give603 |
|---|
| 684 | 684 | | evidence of five successful general contracting projects located in Georgia which were604 |
|---|
| 685 | 685 | | successfully completed over the period of five years immediately prior to the time of605 |
|---|
| 686 | 686 | | application or evidence of ten successful general contracting projects located in Georgia606 |
|---|
| 687 | 687 | | which were successfully completed over the period of ten years immediately prior to the607 |
|---|
| 688 | 688 | | time of application, such projects having been performed either by such person acting as608 |
|---|
| 689 | 689 | | an individual or by a business organization in which such individual person was affiliated609 |
|---|
| 690 | 690 | | by employment or ownership and over which such person had general oversight and610 |
|---|
| 691 | 691 | | management responsibilities;611 |
|---|
| 692 | 692 | | (3)(1) Any person who holds a current and valid license to practice a comparable612 |
|---|
| 693 | 693 | | category of residential or commercial general contracting issued by another state or613 |
|---|
| 694 | 694 | | territory of the United States, where either such state or territory has entered into a614 |
|---|
| 695 | 695 | | reciprocal agreement with the board and divisions for the recognition of contractor615 |
|---|
| 696 | 696 | | licenses issued in that state or territory, or such application is pursuant to and in616 |
|---|
| 697 | 697 | | accordance with the regulations and requirements for reciprocity promulgated by the617 |
|---|
| 698 | 698 | | divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such618 |
|---|
| 699 | 699 | | application shall meet the following requirements:619 |
|---|
| 700 | 700 | | S. B. 503 |
|---|
| 701 | 701 | | - 24 - 24 LC 36 5753 |
|---|
| 702 | 702 | | (A) The criteria for issuance of such license or certification by such other state or |
|---|
| 703 | 703 | | 620 |
|---|
| 704 | 704 | | territory, including the requirement to successfully complete an examination, were621 |
|---|
| 705 | 705 | | substantially equivalent to Georgia's current license criteria;622 |
|---|
| 706 | 706 | | (B) The application requirements and application form submitted to the other state or623 |
|---|
| 707 | 707 | | territory upon which such license was issued are available for review by the appropriate624 |
|---|
| 708 | 708 | | division and the examination results are made available to the appropriate division;625 |
|---|
| 709 | 709 | | (C) The applicant shall demonstrate that he or she meets the qualifications,626 |
|---|
| 710 | 710 | | requirements, and criteria set forth in subsections (a), (b), (c), and (d) |
|---|
| 711 | 711 | | through (e) of627 |
|---|
| 712 | 712 | | Code Section 43-41-6; and628 |
|---|
| 713 | 713 | | (D) The applicant is otherwise in compliance with all requirements of this state for629 |
|---|
| 714 | 714 | | transaction of such business within this state; provided, however, that such application630 |
|---|
| 715 | 715 | | and request for exemption shall be submitted in accordance with subsection (a) of Code631 |
|---|
| 716 | 716 | | Section 43-41-17; and632 |
|---|
| 717 | 717 | | (4)(2) Any person who holds a current and valid license issued under this chapter to633 |
|---|
| 718 | 718 | | engage in the comparable category of residential or commercial general contracting634 |
|---|
| 719 | 719 | | which license was issued to him or her in their capacity either as an individual licensee635 |
|---|
| 720 | 720 | | or as a qualifying agent for a business organization.636 |
|---|
| 721 | 721 | | (b) Any applicant for issuance of a residential contractor or commercial general contractor637 |
|---|
| 722 | 722 | | license under this title who shall seek exemption from the examination requirement under638 |
|---|
| 723 | 723 | | this Code section, on any basis set forth above, shall have the burden of establishing to the639 |
|---|
| 724 | 724 | | satisfaction and within the discretion of the appropriate division that the requirements for640 |
|---|
| 725 | 725 | | such exemption have been satisfied. The decision of such division as to the satisfaction of641 |
|---|
| 726 | 726 | | the requirements for such exemption from taking the examination shall, in the absence of642 |
|---|
| 727 | 727 | | fraud, be conclusive.643 |
|---|
| 728 | 728 | | (c) Any business organization that had an applicant submit a complete and satisfactory644 |
|---|
| 729 | 729 | | application pursuant to this Code section, but was not issued a license due to the death of645 |
|---|
| 730 | 730 | | the qualifying agent applicant prior to the issuance of the license, shall remain eligible for646 |
|---|
| 731 | 731 | | S. B. 503 |
|---|
| 732 | 732 | | - 25 - 24 LC 36 5753 |
|---|
| 733 | 733 | | consideration under this Code section with the submission of a new qualifying agent |
|---|
| 734 | 734 | | 647 |
|---|
| 735 | 735 | | applicant for such business entity.648 |
|---|
| 736 | 736 | | 43-41-9.649 |
|---|
| 737 | 737 | | (a) If an individual applicant proposes to engage in residential or commercial |
|---|
| 738 | 738 | | general650 |
|---|
| 739 | 739 | | contracting in the individual's own name or a trade name where the individual is doing651 |
|---|
| 740 | 740 | | business as a sole proprietorship, the license shall be issued only to that individual. Where652 |
|---|
| 741 | 741 | | an applicant under this chapter is seeking issuance of a residential or commercial general653 |
|---|
| 742 | 742 | | contractor license on behalf and for the benefit of a business organization seeking to654 |
|---|
| 743 | 743 | | engage in residential or commercial general contracting as a business organization, the655 |
|---|
| 744 | 744 | | application for a license under this chapter must be submitted by and through an individual656 |
|---|
| 745 | 745 | | qualifying agent for such business organization or entity and expressly on behalf of such657 |
|---|
| 746 | 746 | | business organization or entity. In such case, the license shall be issued to the individual658 |
|---|
| 747 | 747 | | qualifying agent and to the affiliated business organization or entity on whose behalf the659 |
|---|
| 748 | 748 | | application was made. It shall be unlawful for any person, firm, corporation, or association660 |
|---|
| 749 | 749 | | to operate a business organization or entity engaged in the business of residential or661 |
|---|
| 750 | 750 | | commercial general contracting without first obtaining a license from the appropriate662 |
|---|
| 751 | 751 | | division after the effective date of the licensing requirements as specified in subsection (a)663 |
|---|
| 752 | 752 | | of Code Section 43-41-17. The appropriate division shall not issue a license to any664 |
|---|
| 753 | 753 | | business organization or entity to engage in residential or commercial general contracting665 |
|---|
| 754 | 754 | | unless such business organization or entity employs at least one currently licensed666 |
|---|
| 755 | 755 | | individual residential or commercial general contractor serving as its qualifying agent who667 |
|---|
| 756 | 756 | | is actually engaged by ownership or employment in the practice of residential or668 |
|---|
| 757 | 757 | | commercial general contracting for such business organization or entity and provides669 |
|---|
| 758 | 758 | | adequate supervision and is responsible for the projects of such business organization or670 |
|---|
| 759 | 759 | | entity. A business organization may allow more than one person to act as a qualifying671 |
|---|
| 760 | 760 | | agent for such organization, subject to each such individual qualifying agent having672 |
|---|
| 761 | 761 | | S. B. 503 |
|---|
| 762 | 762 | | - 26 - 24 LC 36 5753 |
|---|
| 763 | 763 | | successfully satisfied the requirements for issuance of a license under this chapter and |
|---|
| 764 | 764 | | 673 |
|---|
| 765 | 765 | | having obtained issuance of such a license by the appropriate division. Each such business674 |
|---|
| 766 | 766 | | organization shall have at least one qualifying agent in order to be considered authorized675 |
|---|
| 767 | 767 | | to engage in such contracting business.676 |
|---|
| 768 | 768 | | (b) The application for a license by a qualifying agent must include an affidavit on a form677 |
|---|
| 769 | 769 | | provided by the board attesting that the individual applicant has final approval authority678 |
|---|
| 770 | 770 | | for all construction work performed by the business organization or entity within the State679 |
|---|
| 771 | 771 | | of Georgia and that the individual applicant has final approval authority on all construction680 |
|---|
| 772 | 772 | | matters, including contracts and contract performance and financial affairs related to such681 |
|---|
| 773 | 773 | | construction matters, for each construction job for which his or her license was used to682 |
|---|
| 774 | 774 | | obtain the building permit.683 |
|---|
| 775 | 775 | | (c) A joint venture is considered a separate and distinct organization for licensing purposes684 |
|---|
| 776 | 776 | | under this chapter and must be qualified and licensed in accordance with the appropriate685 |
|---|
| 777 | 777 | | division's rules and regulations either:686 |
|---|
| 778 | 778 | | (1) In its own name as a separate business organization; or687 |
|---|
| 779 | 779 | | (2) By each of the members of the joint venture doing business as a residential contractor688 |
|---|
| 780 | 780 | | or commercial |
|---|
| 781 | 781 | | general contractor holding, as an individual or as a business organization689 |
|---|
| 782 | 782 | | acting through its qualifying agent, a valid and current residential or commercial general690 |
|---|
| 783 | 783 | | contractor's license issued by the appropriate division. Each such licensed individual or691 |
|---|
| 784 | 784 | | qualifying agent shall be considered a qualifying agent of such joint venture.692 |
|---|
| 785 | 785 | | (d) If, during the period encompassed by a license issued to a qualifying agent acting for693 |
|---|
| 786 | 786 | | and on behalf of an affiliated business organization, there is a change in any information694 |
|---|
| 787 | 787 | | that is required to be stated on the application, the business organization shall, within 45695 |
|---|
| 788 | 788 | | days after such change occurs, furnish the correct information to the appropriate division.696 |
|---|
| 789 | 789 | | (e)(1) At least one qualifying agent shall be licensed under this chapter in order for the697 |
|---|
| 790 | 790 | | business organization to obtain a license as a residential or commercial general698 |
|---|
| 791 | 791 | | contractor. If any qualifying agent ceases to be affiliated with such business699 |
|---|
| 792 | 792 | | S. B. 503 |
|---|
| 793 | 793 | | - 27 - 24 LC 36 5753 |
|---|
| 794 | 794 | | organization, for any reason, he or she shall so inform the division having jurisdiction. |
|---|
| 795 | 795 | | 700 |
|---|
| 796 | 796 | | In addition, if such qualifying agent is the only qualifying agent licensed hereunder701 |
|---|
| 797 | 797 | | affiliated with the business organization, the business organization shall promptly notify702 |
|---|
| 798 | 798 | | the appropriate division of the termination of the relationship with that qualifying agent703 |
|---|
| 799 | 799 | | and shall have 120 |
|---|
| 800 | 800 | | 180 days from the termination of the qualifying agent's affiliation with704 |
|---|
| 801 | 801 | | the business organization to employ another qualifying agent and submit an application705 |
|---|
| 802 | 802 | | for licensure under the new qualifying agent. The submission of such application shall706 |
|---|
| 803 | 803 | | serve to maintain the licensed status of the business organization pending and subject to707 |
|---|
| 804 | 804 | | approval of such application by the appropriate division; provided that, should such708 |
|---|
| 805 | 805 | | application be denied by that division, then, after the later of the passage of the 120 180709 |
|---|
| 806 | 806 | | day period or the denial of the application, the business organization shall cease to be710 |
|---|
| 807 | 807 | | considered licensed as a residential or a commercial general contractor unless and until711 |
|---|
| 808 | 808 | | a new application is submitted and approved by the appropriate division. In such712 |
|---|
| 809 | 809 | | circumstance, the affected business organization may not thereafter engage in residential713 |
|---|
| 810 | 810 | | or commercial general contracting until a new qualifying agent is employed; provided,714 |
|---|
| 811 | 811 | | however, that, unless the appropriate division has granted shall grant a temporary715 |
|---|
| 812 | 812 | | nonrenewable license to the financially responsible officer, the president or chief716 |
|---|
| 813 | 813 | | executive officer, a partner, or, in the case of a limited partnership, the general partner,717 |
|---|
| 814 | 814 | | who thereafter shall assume all responsibilities of a qualifying agent for the business718 |
|---|
| 815 | 815 | | organization or entity. This temporary license shall only allow the entity to proceed with719 |
|---|
| 816 | 816 | | incomplete contracts already in progress. For the purposes of this paragraph, an720 |
|---|
| 817 | 817 | | incomplete contract is one which has been awarded to, or entered into by, the business721 |
|---|
| 818 | 818 | | organization prior to the cessation of affiliation of the qualifying agent with the business722 |
|---|
| 819 | 819 | | organization being considered licensed as a residential or a commercial general contractor723 |
|---|
| 820 | 820 | | or one on which the business organization was the low bidder and the contract is724 |
|---|
| 821 | 821 | | subsequently awarded, regardless of whether any actual work has commenced under the725 |
|---|
| 822 | 822 | | contract prior to the qualifying agent business organization ceasing to be affiliated with726 |
|---|
| 823 | 823 | | S. B. 503 |
|---|
| 824 | 824 | | - 28 - 24 LC 36 5753 |
|---|
| 825 | 825 | | the business organization considered licensed as a residential or a commercial general727 |
|---|
| 826 | 826 | | contractor.728 |
|---|
| 827 | 827 | | (2) A person licensed under this chapter either as an individual doing business in his or729 |
|---|
| 828 | 828 | | her name or doing business in a trade name as a sole proprietor may serve as a qualifying730 |
|---|
| 829 | 829 | | agent for a business organization upon application and demonstration of satisfaction by731 |
|---|
| 830 | 830 | | such business organization of all financial and insurance requirements pursuant to Code732 |
|---|
| 831 | 831 | | Section 43-41-6. A qualifying agent may serve in such capacity for more than one733 |
|---|
| 832 | 832 | | business organization, provided that he or she shall satisfy the criteria for serving in such734 |
|---|
| 833 | 833 | | capacity with regard to each such business organization. A qualifying agent shall inform735 |
|---|
| 834 | 834 | | the division having jurisdiction in writing when he or she proposes to engage in736 |
|---|
| 835 | 835 | | contracting in his or her own name or in affiliation as a qualifying agent with another737 |
|---|
| 836 | 836 | | business organization, and he or she or such new business organization shall supply the738 |
|---|
| 837 | 837 | | same information to the division as required of applicants under this chapter. Such739 |
|---|
| 838 | 838 | | person shall be deemed to be a licensed residential or commercial general contractor for740 |
|---|
| 839 | 839 | | the original term of his or her license for the purpose of engaging in contracting as an741 |
|---|
| 840 | 840 | | individual in his or her own name, provided that he or she qualified for such license based742 |
|---|
| 841 | 841 | | on his or her own personal qualifications as to financial responsibility and insurance. 743 |
|---|
| 842 | 842 | | Otherwise, such individual shall be required to submit a new application demonstrating744 |
|---|
| 843 | 843 | | satisfaction of such financial and insurance requirements in order to engage in the745 |
|---|
| 844 | 844 | | business of contracting under this chapter as an individual in his or her own name or746 |
|---|
| 845 | 845 | | doing business as an individual in a trade name as a sole proprietor or by the business747 |
|---|
| 846 | 846 | | organization he or she desires to qualify in order to obtain a license for such other748 |
|---|
| 847 | 847 | | business organization, but such person shall be entitled to continue engaging in the749 |
|---|
| 848 | 848 | | business of residential or commercial general contracting in accordance with and under750 |
|---|
| 849 | 849 | | his or her previously issued license unless and until the appropriate division determines751 |
|---|
| 850 | 850 | | that the person seeking issuance of the license no longer meets these requirements.752 |
|---|
| 851 | 851 | | S. B. 503 |
|---|
| 852 | 852 | | - 29 - 24 LC 36 5753 |
|---|
| 853 | 853 | | (3) Upon a favorable determination by the division having jurisdiction, after |
|---|
| 854 | 854 | | 753 |
|---|
| 855 | 855 | | investigation of the financial responsibility, if applicable, and insurance of the applicant,754 |
|---|
| 856 | 856 | | the division shall notify the applicant, whether the applicant was previously approved as755 |
|---|
| 857 | 857 | | an individual or a qualifying agent, that the applicant is approved, without an756 |
|---|
| 858 | 858 | | examination, for a new license.757 |
|---|
| 859 | 859 | | (f) Disciplinary action and other sanctions provided in this chapter may be administered758 |
|---|
| 860 | 860 | | against a business organization operating under a license issued through its licensed759 |
|---|
| 861 | 861 | | qualifying agent or agents in the same manner and on the same grounds as disciplinary760 |
|---|
| 862 | 862 | | actions or sanctions against an individual or license holder acting as its qualifying agent761 |
|---|
| 863 | 863 | | under this chapter. The divisions or the board may deny the license to a qualifying agent762 |
|---|
| 864 | 864 | | for any business organization if the qualifying agent or business organization has been763 |
|---|
| 865 | 865 | | involved in past disciplinary actions or on any grounds for which individual licenses can764 |
|---|
| 866 | 866 | | be denied.765 |
|---|
| 867 | 867 | | (g) Each qualifying agent shall pay the appropriate division an amount equal to the original766 |
|---|
| 868 | 868 | | fee for a license applied for on behalf of a new business organization. If the qualifying767 |
|---|
| 869 | 869 | | agent for a business organization desires to qualify additional business organizations, the768 |
|---|
| 870 | 870 | | division shall require him or her to present evidence of the financial responsibility, if769 |
|---|
| 871 | 871 | | applicable, and insurance of each such organization.770 |
|---|
| 872 | 872 | | (h) All qualifying agents for a business organization are jointly and equally responsible for771 |
|---|
| 873 | 873 | | supervision of all construction related operations of the business organization, for all field772 |
|---|
| 874 | 874 | | work at all sites, and for financial matters within the State of Georgia for each construction773 |
|---|
| 875 | 875 | | job for which his or her license was used to obtain the building permit.774 |
|---|
| 876 | 876 | | (i) Any change in the status of a qualifying agent is prospective only. A qualifying agent775 |
|---|
| 877 | 877 | | shall for purposes of application of this chapter and the enforcement and disciplinary776 |
|---|
| 878 | 878 | | mechanisms thereunder be and remain responsible for his or her actions or omissions as777 |
|---|
| 879 | 879 | | well as those of the business organization for which such person had acted as a qualifying778 |
|---|
| 880 | 880 | | agent occurring during his or her period of service as such qualifying agent as and to the779 |
|---|
| 881 | 881 | | S. B. 503 |
|---|
| 882 | 882 | | - 30 - 24 LC 36 5753 |
|---|
| 883 | 883 | | extent set forth in this chapter. A qualifying agent is not responsible for his or her |
|---|
| 884 | 884 | | 780 |
|---|
| 885 | 885 | | predecessor's actions, but is responsible, even after a change in status, for matters for which781 |
|---|
| 886 | 886 | | he or she was responsible while in a particular status. Further, nothing in this chapter shall782 |
|---|
| 887 | 887 | | be interpreted as a basis for imposition of civil liability against an individual qualifying783 |
|---|
| 888 | 888 | | agent by any owner or other third party claimant beyond the liability that would otherwise784 |
|---|
| 889 | 889 | | exist legally or contractually apart from and independent of the individual's status as a785 |
|---|
| 890 | 890 | | qualifying agent.786 |
|---|
| 891 | 891 | | 43-41-10.787 |
|---|
| 892 | 892 | | (a) In addition to the powers and authorities conferred upon the board and its divisions788 |
|---|
| 893 | 893 | | pursuant to Chapter 1 of this title, the residential contractor division and the commercial |
|---|
| 894 | 894 | | 789 |
|---|
| 895 | 895 | | general contractor division shall have the power, respectively, to reprimand any person or790 |
|---|
| 896 | 896 | | licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person791 |
|---|
| 897 | 897 | | or licensee if such person or licensee is found by the appropriate division to have engaged792 |
|---|
| 898 | 898 | | in any fraud or deceit in obtaining a license or otherwise to have engaged in gross793 |
|---|
| 899 | 899 | | negligence, repeated or persistent incompetence, intentional misconduct in the practice of794 |
|---|
| 900 | 900 | | his or her profession, or willful violation of any provisions of this chapter.795 |
|---|
| 901 | 901 | | (b) For purposes of this Code section, a person or business organization operating on an796 |
|---|
| 902 | 902 | | expired, revoked, lapsed, or suspended license shall be considered unlicensed.797 |
|---|
| 903 | 903 | | (c) The separate divisions may issue a stop-work order for all unlicensed work falling798 |
|---|
| 904 | 904 | | within their respective jurisdictions upon finding probable cause to believe that799 |
|---|
| 905 | 905 | | construction work which requires a license under this chapter is being performed by a800 |
|---|
| 906 | 906 | | person without such a current, valid license. Such an order may be enforced by injunctive801 |
|---|
| 907 | 907 | | relief, cease and desist orders, or other related actions within the power and authority of the802 |
|---|
| 908 | 908 | | board and its respective divisions.803 |
|---|
| 909 | 909 | | (d) The division having jurisdiction shall investigate and sanction any license holder found804 |
|---|
| 910 | 910 | | to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or805 |
|---|
| 911 | 911 | | S. B. 503 |
|---|
| 912 | 912 | | - 31 - 24 LC 36 5753 |
|---|
| 913 | 913 | | intentional misconduct in the practice of residential or commercial general contracting; and806 |
|---|
| 914 | 914 | | sanctions shall be assessed against any such residential or commercial general contractor807 |
|---|
| 915 | 915 | | licensed under this chapter either individually or as a business organization acting through808 |
|---|
| 916 | 916 | | a qualifying agent. Such charges, unless dismissed without hearing by the division as809 |
|---|
| 917 | 917 | | unfounded, shall be heard and determined by that division in accordance with the810 |
|---|
| 918 | 918 | | provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'811 |
|---|
| 919 | 919 | | (e) The divisions shall each adopt and publish in print or electronically rules and812 |
|---|
| 920 | 920 | | regulations, consistent with the provisions of this chapter, governing the suspension and813 |
|---|
| 921 | 921 | | revocation of licenses.814 |
|---|
| 922 | 922 | | (f) Each division may reissue a license to any person whose license has been revoked or815 |
|---|
| 923 | 923 | | lift a suspension of a license to such person provided that four or more members of the816 |
|---|
| 924 | 924 | | division vote in favor of such reissuance or lifting for reasons that division deems817 |
|---|
| 925 | 925 | | sufficient.818 |
|---|
| 926 | 926 | | 43-41-11.819 |
|---|
| 927 | 927 | | The issuance of a license by the residential contractor or the commercial general contractor820 |
|---|
| 928 | 928 | | division shall be evidence that the person named therein, including both the individual821 |
|---|
| 929 | 929 | | licensee and any business organization for whom such licensee is a qualifying agent, is822 |
|---|
| 930 | 930 | | entitled to all the rights and privileges of a licensed residential or commercial general823 |
|---|
| 931 | 931 | | contractor while such license remains unrevoked or unexpired.824 |
|---|
| 932 | 932 | | 43-41-12.825 |
|---|
| 933 | 933 | | (a) Any person, whether an individual or a business organization, who:826 |
|---|
| 934 | 934 | | (1) Contracts for or bids upon or engages in the construction of any of the projects or827 |
|---|
| 935 | 935 | | works enumerated in the definitions of residential contractor or commercial general828 |
|---|
| 936 | 936 | | contractor in Code Section 43-41-2 without having first complied with the appropriate829 |
|---|
| 937 | 937 | | S. B. 503 |
|---|
| 938 | 938 | | - 32 - 24 LC 36 5753 |
|---|
| 939 | 939 | | provisions of this chapter or who shall attempt to practice residential contracting or |
|---|
| 940 | 940 | | 830 |
|---|
| 941 | 941 | | commercial |
|---|
| 942 | 942 | | general contracting in this state except as provided for in this chapter;831 |
|---|
| 943 | 943 | | (2) Falsely represents, advertises, or holds himself or herself or an affiliated business832 |
|---|
| 944 | 944 | | organization out as a residential contractor or commercial general contractor licensee833 |
|---|
| 945 | 945 | | duly authorized to perform work under such classification of licensure pursuant to this834 |
|---|
| 946 | 946 | | chapter;835 |
|---|
| 947 | 947 | | (3) Represents or attempts to use or presents as his or her own the license of another836 |
|---|
| 948 | 948 | | person or, in the case of a business organization, a person other than its qualifying agent;837 |
|---|
| 949 | 949 | | (4) Gives false or forged evidence of any kind to the board or its divisions or to any838 |
|---|
| 950 | 950 | | member of the board in maintaining a license;839 |
|---|
| 951 | 951 | | (5) Uses an expired, suspended, or revoked license to continue engaging in residential840 |
|---|
| 952 | 952 | | contracting or commercial general contracting;841 |
|---|
| 953 | 953 | | (6) Operates a business organization engaged in contracting after 120 180 days following842 |
|---|
| 954 | 954 | | the termination of its only qualifying agent without designating another primary843 |
|---|
| 955 | 955 | | qualifying agent, except as provided in Code Section 43-41-9; or844 |
|---|
| 956 | 956 | | (7) Intentionally and repeatedly misrepresents or manipulates the value or percentage of845 |
|---|
| 957 | 957 | | work at the time of contract under subsections (e) and (f) of Code Section 43-41-17 to846 |
|---|
| 958 | 958 | | avoid the licensing requirements of this chapter,847 |
|---|
| 959 | 959 | | shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such848 |
|---|
| 960 | 960 | | offense by a fine of not less than $500.00 $1,000.00 or imprisonment of three months, or849 |
|---|
| 961 | 961 | | both fine and imprisonment in the discretion of the court.850 |
|---|
| 962 | 962 | | (b) Any architect or engineer who recommends to any project owner the award of a851 |
|---|
| 963 | 963 | | contract to anyone known by such architect or engineer not to be properly licensed under852 |
|---|
| 964 | 964 | | this chapter shall be subject to such penalties as provided in subsection (a) of this Code853 |
|---|
| 965 | 965 | | section and also to any appropriate disciplinary action by the appropriate division.854 |
|---|
| 966 | 966 | | (c) Except as otherwise provided in this Code section, any person who violates any855 |
|---|
| 967 | 967 | | provision of this chapter shall be guilty of a misdemeanor.856 |
|---|
| 968 | 968 | | S. B. 503 |
|---|
| 969 | 969 | | - 33 - 24 LC 36 5753 |
|---|
| 970 | 970 | | 43-41-13. |
|---|
| 971 | 971 | | 857 |
|---|
| 972 | 972 | | Whenever it appears to the board or either division of the board that any person, whether858 |
|---|
| 973 | 973 | | an individual or a business organization, or both, is violating any of the provisions of this859 |
|---|
| 974 | 974 | | chapter or of the rules and regulations of the board or either division promulgated under860 |
|---|
| 975 | 975 | | this chapter, the board or division may apply to the superior court of the county in which861 |
|---|
| 976 | 976 | | such individual resides or business is located for a restraining order and injunction to862 |
|---|
| 977 | 977 | | restrain the violation, and the superior court shall have jurisdiction to grant the requested863 |
|---|
| 978 | 978 | | relief, irrespective of whether criminal prosecution has been instituted or administrative864 |
|---|
| 979 | 979 | | sanctions have been imposed by reason of the violation.865 |
|---|
| 980 | 980 | | 43-41-14.866 |
|---|
| 981 | 981 | | (a)(1) |
|---|
| 982 | 982 | | Any person, whether an individual or a business organization acting through a867 |
|---|
| 983 | 983 | | qualifying agent, intending to perform work as a residential or commercial general868 |
|---|
| 984 | 984 | | contractor, upon making application to the building inspector or such other authority of869 |
|---|
| 985 | 985 | | any incorporated municipality or county in this state charged with the duty of issuing870 |
|---|
| 986 | 986 | | building or other permits for contemplated construction work requiring performance by871 |
|---|
| 987 | 987 | | either a licensed residential contractor or a licensed commercial general contractor shall,872 |
|---|
| 988 | 988 | | before being entitled to the issuance of such permit, furnish to such inspector or authority,873 |
|---|
| 989 | 989 | | personally or through his or her authorized agent specifically designated to act on his or874 |
|---|
| 990 | 990 | | her behalf in a sworn written document submitted contemporaneously or previously875 |
|---|
| 991 | 991 | | submitted and maintained by such inspector or authority, his or her residential contractor876 |
|---|
| 992 | 992 | | or commercial general contractor license number and the identity of any business877 |
|---|
| 993 | 993 | | organization for which such applicant is serving as qualifying agent that is undertaking878 |
|---|
| 994 | 994 | | or contracting as a residential contractor or a commercial general contractor to construct879 |
|---|
| 995 | 995 | | or manage the construction. It shall be unlawful for any such building inspector or other880 |
|---|
| 996 | 996 | | authority to issue or allow the issuance of such building permit unless the applicant has881 |
|---|
| 997 | 997 | | furnished his or her residential contractor or commercial general contractor license882 |
|---|
| 998 | 998 | | S. B. 503 |
|---|
| 999 | 999 | | - 34 - 24 LC 36 5753 |
|---|
| 1000 | 1000 | | number and the identity of any such business organization relative to performance of the |
|---|
| 1001 | 1001 | | 883 |
|---|
| 1002 | 1002 | | work for which a permit has been applied. A building inspector or other authority shall884 |
|---|
| 1003 | 1003 | | issue such building permit under the terms of this Code section to any person, including885 |
|---|
| 1004 | 1004 | | an individual licensee acting on his or her own behalf or a licensee acting as a qualifying886 |
|---|
| 1005 | 1005 | | agent for a business organization and such business organization, upon evidence887 |
|---|
| 1006 | 1006 | | reasonably establishing that such person is duly licensed as a residential or commercial |
|---|
| 1007 | 1007 | | 888 |
|---|
| 1008 | 1008 | | general contractor under this chapter, either individually or as a business organization889 |
|---|
| 1009 | 1009 | | acting under a duly licensed qualifying agent. Any building inspector or other such890 |
|---|
| 1010 | 1010 | | authority that issues such a building permit to a person known by such building inspector891 |
|---|
| 1011 | 1011 | | or authority not to be properly licensed under this chapter shall be guilty of a892 |
|---|
| 1012 | 1012 | | misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00893 |
|---|
| 1013 | 1013 | | $1,000.00.894 |
|---|
| 1014 | 1014 | | (2) Any business organization acting under paragraph (1) of subsection (e) of Code895 |
|---|
| 1015 | 1015 | | Section 43-41-9 after the termination of its qualifying agent's affiliation with the business896 |
|---|
| 1016 | 1016 | | organization, upon applying to the building inspector or such other authority of any897 |
|---|
| 1017 | 1017 | | incorporated municipality or county in this state charged with the duty of issuing permits898 |
|---|
| 1018 | 1018 | | for contemplated construction work requiring performance by a licensed residential or899 |
|---|
| 1019 | 1019 | | commercial general contractor shall, before being entitled to the issuance of such permit,900 |
|---|
| 1020 | 1020 | | furnish to such inspector or authority a sworn written document by the financially901 |
|---|
| 1021 | 1021 | | responsible officer, the president or chief executive officer, the partner, or, in the case of902 |
|---|
| 1022 | 1022 | | a limited partnership, the general partner, who has assumed all responsibilities of a903 |
|---|
| 1023 | 1023 | | qualifying agent for the business organization, attesting that the permit application is904 |
|---|
| 1024 | 1024 | | made within 180 days after the termination of its qualifying agent's affiliation with the905 |
|---|
| 1025 | 1025 | | business organization, or is made after submission of an application for licensure under906 |
|---|
| 1026 | 1026 | | a new qualifying agent that is pending before the appropriate division of the board, or is907 |
|---|
| 1027 | 1027 | | made under a temporary nonrenewable license granted by the appropriate division of the908 |
|---|
| 1028 | 1028 | | board. It shall be unlawful for any such building inspector or other authority to issue or909 |
|---|
| 1029 | 1029 | | S. B. 503 |
|---|
| 1030 | 1030 | | - 35 - 24 LC 36 5753 |
|---|
| 1031 | 1031 | | allow the issuance of such building permit unless the applicant has furnished this sworn910 |
|---|
| 1032 | 1032 | | written document. A building inspector or other authority shall issue such building911 |
|---|
| 1033 | 1033 | | permit under the terms of this Code section to any business organization upon evidence912 |
|---|
| 1034 | 1034 | | reasonably establishing that such business organization is acting as authorized under913 |
|---|
| 1035 | 1035 | | paragraph (1) of subsection (e) of Code Section 43-41-9 after the termination of its914 |
|---|
| 1036 | 1036 | | qualifying agent's affiliation with the business organization. Any building inspector or915 |
|---|
| 1037 | 1037 | | other such authority that issues such a building permit to a person known by such916 |
|---|
| 1038 | 1038 | | building inspector or authority not to be acting as authorized under paragraph (1) of917 |
|---|
| 1039 | 1039 | | subsection (e) of Code Section 43-41-9 shall be guilty of a misdemeanor and, upon918 |
|---|
| 1040 | 1040 | | conviction, shall be subject to a fine of not more than $1,000.00.919 |
|---|
| 1041 | 1041 | | (b) The licensing requirements imposed by this chapter and the effective dates of such920 |
|---|
| 1042 | 1042 | | licensing requirements must be posted by any county or municipality in this state charged921 |
|---|
| 1043 | 1043 | | with the duty of issuing building or other permits for construction work requiring922 |
|---|
| 1044 | 1044 | | performance by either a licensed residential contractor or a licensed commercial general923 |
|---|
| 1045 | 1045 | | contractor in the same location in which such building or other permits are issued.924 |
|---|
| 1046 | 1046 | | 43-41-15.925 |
|---|
| 1047 | 1047 | | If an incomplete contract exists at the time of death of a residential or commercial general926 |
|---|
| 1048 | 1048 | | contractor, where the licensed contractor performing the work under such contract is an927 |
|---|
| 1049 | 1049 | | individual person and not a business organization acting through a qualifying agent for928 |
|---|
| 1050 | 1050 | | such organization, the contract may be completed by any person affiliated with the929 |
|---|
| 1051 | 1051 | | contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even930 |
|---|
| 1052 | 1052 | | though not licensed under this chapter, subject to the terms of this Code section. Such931 |
|---|
| 1053 | 1053 | | person shall notify the appropriate division of the board within 30 days after the death of932 |
|---|
| 1054 | 1054 | | such contractor of such death and of his or her name and address, knowledge of the933 |
|---|
| 1055 | 1055 | | contract, and ability technically and financially to complete it. Such person may continue934 |
|---|
| 1056 | 1056 | | with performance of the contract pending approval by the division. If the division935 |
|---|
| 1057 | 1057 | | S. B. 503 |
|---|
| 1058 | 1058 | | - 36 - 24 LC 36 5753 |
|---|
| 1059 | 1059 | | approves, he or she may proceed with the contract to completion. If the division does not |
|---|
| 1060 | 1060 | | 936 |
|---|
| 1061 | 1061 | | approve completion by such person, due to a determination that he or she does not have937 |
|---|
| 1062 | 1062 | | sufficient knowledge, expertise, or financial or other required resources, the division shall938 |
|---|
| 1063 | 1063 | | give prompt written notice to the person, including the reasons for such rejection, and such939 |
|---|
| 1064 | 1064 | | person shall promptly upon receipt of such notice cease further performance of the940 |
|---|
| 1065 | 1065 | | contract. If the owner engages another person under a new contract to complete the941 |
|---|
| 1066 | 1066 | | remaining work under the original contract, such other party must be a contractor duly942 |
|---|
| 1067 | 1067 | | licensed under this chapter to perform such work. For purposes of this Code section, an943 |
|---|
| 1068 | 1068 | | incomplete contract is one which has been awarded to or entered into by the contractor944 |
|---|
| 1069 | 1069 | | before his or her death or on which he or she was the low bidder and the contract is945 |
|---|
| 1070 | 1070 | | subsequently awarded to him or her, regardless of whether any actual work has commenced946 |
|---|
| 1071 | 1071 | | under the contract before the contractor's death. If an incomplete contract exists at the time947 |
|---|
| 1072 | 1072 | | of death of a sole qualifying agent of a residential contractor or a commercial |
|---|
| 1073 | 1073 | | general948 |
|---|
| 1074 | 1074 | | contractor, where the contractor is a business organization licensed only under such949 |
|---|
| 1075 | 1075 | | individual as its qualifying agent, then the contractor shall proceed as provided under950 |
|---|
| 1076 | 1076 | | paragraph (1) of subsection (e) of Code Section 43-41-9.951 |
|---|
| 1077 | 1077 | | 43-41-16.952 |
|---|
| 1078 | 1078 | | (a) The board shall have the authority to refuse to grant a license to an applicant or to953 |
|---|
| 1079 | 1079 | | revoke the license of a person licensed by the board or to discipline a person licensed by954 |
|---|
| 1080 | 1080 | | the board upon a finding by a majority of the board that the applicant or licensee has955 |
|---|
| 1081 | 1081 | | committed any of the following acts:956 |
|---|
| 1082 | 1082 | | (1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving957 |
|---|
| 1083 | 1083 | | false or forged evidence to the board or its divisions;958 |
|---|
| 1084 | 1084 | | (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to959 |
|---|
| 1085 | 1085 | | a criminal act constituting a felony in any jurisdiction which directly relates to the960 |
|---|
| 1086 | 1086 | | S. B. 503 |
|---|
| 1087 | 1087 | | - 37 - 24 LC 36 5753 |
|---|
| 1088 | 1088 | | practice of residential or commercial general contracting or the ability to practice961 |
|---|
| 1089 | 1089 | | contracting;962 |
|---|
| 1090 | 1090 | | (3) Performing any act which assists a person or entity in the prohibited unlicensed963 |
|---|
| 1091 | 1091 | | practice of contracting if the licensee knows or has reasonable grounds to know that the964 |
|---|
| 1092 | 1092 | | person or entity is unlicensed;965 |
|---|
| 1093 | 1093 | | (4) Knowingly combining or conspiring with an unlicensed person by allowing his or her966 |
|---|
| 1094 | 1094 | | license to be used with the intent to evade the provisions of this chapter. When an967 |
|---|
| 1095 | 1095 | | individual license holder allows his or her license to be used to qualify one or more968 |
|---|
| 1096 | 1096 | | business organizations, including where such qualifying agent for a person engaged in969 |
|---|
| 1097 | 1097 | | general contracting does not actually possess and exercise the power and authority970 |
|---|
| 1098 | 1098 | | required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code971 |
|---|
| 1099 | 1099 | | Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the972 |
|---|
| 1100 | 1100 | | provisions of this chapter;973 |
|---|
| 1101 | 1101 | | (5) Failing in any material respect to comply with the provisions of this chapter or974 |
|---|
| 1102 | 1102 | | violating a rule, regulation, or lawful order of the board or its divisions;975 |
|---|
| 1103 | 1103 | | (6) Abandoning a construction project in which the contractor who is the individual976 |
|---|
| 1104 | 1104 | | license holder or a business organization for whom the license holder is a qualifying977 |
|---|
| 1105 | 1105 | | agent is engaged or under contract as a residential or commercial general contractor. A978 |
|---|
| 1106 | 1106 | | project may be presumed abandoned after 90 days if the contractor has ceased work on979 |
|---|
| 1107 | 1107 | | or terminated performance on the project without just cause and without proper980 |
|---|
| 1108 | 1108 | | notification to the owner, including the reason for the termination, cessation, or981 |
|---|
| 1109 | 1109 | | abandonment;982 |
|---|
| 1110 | 1110 | | (7) Signing a statement with respect to a project or contract falsely indicating that the983 |
|---|
| 1111 | 1111 | | work is bonded; knowingly and falsely indicating by written statement issued to the984 |
|---|
| 1112 | 1112 | | owner that payment has been made for all subcontracted work, labor, and materials and985 |
|---|
| 1113 | 1113 | | for all materials furnished and installed which statement is reasonably relied upon and986 |
|---|
| 1114 | 1114 | | S. B. 503 |
|---|
| 1115 | 1115 | | - 38 - 24 LC 36 5753 |
|---|
| 1116 | 1116 | | actually results in a financial loss to the owner; or falsely indicating that workers' |
|---|
| 1117 | 1117 | | 987 |
|---|
| 1118 | 1118 | | compensation and general liability insurance are provided;988 |
|---|
| 1119 | 1119 | | (8) Committing fraud or deceit in the practice of contracting, including falsely989 |
|---|
| 1120 | 1120 | | advertising, representing, or holding himself or herself or an affiliated business990 |
|---|
| 1121 | 1121 | | organization out as having a valid and current license under this chapter;991 |
|---|
| 1122 | 1122 | | (9) Committing gross negligence, repeated or persistent negligence, or negligence992 |
|---|
| 1123 | 1123 | | resulting in a significant danger to life or property;993 |
|---|
| 1124 | 1124 | | (10) Proceeding on any job without obtaining applicable local building permits and994 |
|---|
| 1125 | 1125 | | inspections;995 |
|---|
| 1126 | 1126 | | (11) Using or attempting to use a license that has expired or has been suspended or996 |
|---|
| 1127 | 1127 | | revoked;997 |
|---|
| 1128 | 1128 | | (12) Knowingly or intentionally engaging any subcontractor to perform work within the998 |
|---|
| 1129 | 1129 | | scope of the general or residential construction contract which requires a license under999 |
|---|
| 1130 | 1130 | | Chapter 14 of this title who does not possess a current and valid license for such work;1000 |
|---|
| 1131 | 1131 | | or1001 |
|---|
| 1132 | 1132 | | (13) Failing to satisfy within a reasonable time the terms of a final civil judgment1002 |
|---|
| 1133 | 1133 | | obtained against the licensee or the business organization qualified by the licensee1003 |
|---|
| 1134 | 1134 | | relating to the practice of the licensee's profession.1004 |
|---|
| 1135 | 1135 | | (b) The appropriate division may take any one or more of the following actions against any1005 |
|---|
| 1136 | 1136 | | license holder found by the division to have committed any one or more of the acts listed1006 |
|---|
| 1137 | 1137 | | in subsection (a) of this Code section:1007 |
|---|
| 1138 | 1138 | | (1) Place the license holder on probation or reprimand the license holder;1008 |
|---|
| 1139 | 1139 | | (2) Revoke a license, including the license of a person as an individual as well as that of1009 |
|---|
| 1140 | 1140 | | a qualifying agent of a business organization together with the interest of the business1010 |
|---|
| 1141 | 1141 | | organization qualified thereby in such license; suspend such a license for a stated period1011 |
|---|
| 1142 | 1142 | | of time not exceeding one year; or deny the issuance or renewal of the license;1012 |
|---|
| 1143 | 1143 | | S. B. 503 |
|---|
| 1144 | 1144 | | - 39 - 24 LC 36 5753 |
|---|
| 1145 | 1145 | | (3) Require financial restitution to a consumer for financial harm directly related to a |
|---|
| 1146 | 1146 | | 1013 |
|---|
| 1147 | 1147 | | violation of a provision of this chapter;1014 |
|---|
| 1148 | 1148 | | (4) Impose an administrative fine not to exceed $5,000.00 for each violation;1015 |
|---|
| 1149 | 1149 | | (5) Require continuing education; or1016 |
|---|
| 1150 | 1150 | | (6) Assess costs associated with the investigation and prosecution.1017 |
|---|
| 1151 | 1151 | | (c) In determining penalties in any final order of the board or a division, the board or1018 |
|---|
| 1152 | 1152 | | division shall follow the penalty guidelines established by the board's or division's rules1019 |
|---|
| 1153 | 1153 | | and regulations.1020 |
|---|
| 1154 | 1154 | | (d) The board or a division may assess interest or penalties on all fines imposed under this1021 |
|---|
| 1155 | 1155 | | chapter against any person or business organization which has not paid the imposed fine1022 |
|---|
| 1156 | 1156 | | by the due date established by rule, regulation, or final order.1023 |
|---|
| 1157 | 1157 | | (e) If the board or a division finds any contractor has violated the provisions of this1024 |
|---|
| 1158 | 1158 | | chapter, the board or division may as a part of its disciplinary action require such contractor1025 |
|---|
| 1159 | 1159 | | to obtain continuing education in the areas of contracting affected by such violation.1026 |
|---|
| 1160 | 1160 | | 43-41-17.1027 |
|---|
| 1161 | 1161 | | (a) The licensing requirements imposed by this chapter and the sanctions and |
|---|
| 1162 | 1162 | | 1028 |
|---|
| 1163 | 1163 | | consequences relating thereto shall not become effective and enforceable until July 1, 2008. 1029 |
|---|
| 1164 | 1164 | | On and after such date, no No person, whether an individual or a business organization,1030 |
|---|
| 1165 | 1165 | | shall have the right to engage in the business of residential contracting or commercial1031 |
|---|
| 1166 | 1166 | | general contracting without a current, valid residential contractor license or commercial1032 |
|---|
| 1167 | 1167 | | general contractor license, respectively, issued by the division under this chapter or, in the1033 |
|---|
| 1168 | 1168 | | case of a business organization, unless such business organization shall have a qualifying1034 |
|---|
| 1169 | 1169 | | agent as provided in this chapter holding such a current, valid residential contractor or1035 |
|---|
| 1170 | 1170 | | commercial general contractor license on behalf of such organization issued to such1036 |
|---|
| 1171 | 1171 | | qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons1037 |
|---|
| 1172 | 1172 | | seeking licensure under this chapter and exemption from examination under paragraphs (1)1038 |
|---|
| 1173 | 1173 | | S. B. 503 |
|---|
| 1174 | 1174 | | - 40 - 24 LC 36 5753 |
|---|
| 1175 | 1175 | | and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including1039 |
|---|
| 1176 | 1176 | | all necessary proof of the basis of exemption from examination for such license, starting1040 |
|---|
| 1177 | 1177 | | January 1, 2006. The period for submission of such applications and requests for1041 |
|---|
| 1178 | 1178 | | exemption from the examination requirements shall extend thereafter for a period of 181042 |
|---|
| 1179 | 1179 | | months. Furthermore, notwithstanding the foregoing, any person seeking licensure under1043 |
|---|
| 1180 | 1180 | | this chapter and exemption from examination under paragraph (3) of subsection (a) of Code1044 |
|---|
| 1181 | 1181 | | Section 43-41-8 may submit his or her application, including all necessary proof of the1045 |
|---|
| 1182 | 1182 | | basis of such exemption starting January 1, 2007, and continuing thereafter.1046 |
|---|
| 1183 | 1183 | | (b) As a matter of public policy, any contract entered into on or after July 1, 2008, for the1047 |
|---|
| 1184 | 1184 | | performance of work for which a residential contractor or commercial general contractor1048 |
|---|
| 1185 | 1185 | | license is required by this chapter and not otherwise exempted under this chapter and which1049 |
|---|
| 1186 | 1186 | | is between an owner and a contractor who does not have a valid and current license1050 |
|---|
| 1187 | 1187 | | required for such work in accordance with this chapter shall be unenforceable in law or in1051 |
|---|
| 1188 | 1188 | | equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be1052 |
|---|
| 1189 | 1189 | | considered unlicensed only if the contractor was unlicensed on the effective date of the1053 |
|---|
| 1190 | 1190 | | original contract for the work, if stated therein, or, if not stated, the date the last party to the1054 |
|---|
| 1191 | 1191 | | contract executed such contract, if stated therein. If the contract does not establish such a1055 |
|---|
| 1192 | 1192 | | date, the contractor shall be considered unlicensed only if the contractor was unlicensed on1056 |
|---|
| 1193 | 1193 | | the first date upon which the contractor provided labor, services, or materials under the1057 |
|---|
| 1194 | 1194 | | contract. Notwithstanding any other provision of law to the contrary, if a contract is1058 |
|---|
| 1195 | 1195 | | rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of1059 |
|---|
| 1196 | 1196 | | the unlicensed contractor for any labor, services, or materials provided under the contract1060 |
|---|
| 1197 | 1197 | | or any amendment thereto. This subsection shall not affect the rights of parties other than1061 |
|---|
| 1198 | 1198 | | the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall1062 |
|---|
| 1199 | 1199 | | not affect the obligations of a surety that has provided a bond on behalf of an unlicensed1063 |
|---|
| 1200 | 1200 | | contractor. It shall not be a defense to any claim on a bond or indemnity agreement that1064 |
|---|
| 1201 | 1201 | | the principal or indemnitor is unlicensed for purposes of this subsection.1065 |
|---|
| 1202 | 1202 | | S. B. 503 |
|---|
| 1203 | 1203 | | - 41 - 24 LC 36 5753 |
|---|
| 1204 | 1204 | | (c) Any person who holds a license issued under this chapter may engage in the business |
|---|
| 1205 | 1205 | | 1066 |
|---|
| 1206 | 1206 | | of residential or commercial |
|---|
| 1207 | 1207 | | general contracting, but only as prescribed by the license,1067 |
|---|
| 1208 | 1208 | | throughout the state and no municipality or county may require any such person licensed1068 |
|---|
| 1209 | 1209 | | under this chapter to comply with any additional licensing requirements imposed by such1069 |
|---|
| 1210 | 1210 | | municipality or county relative to the performance of construction work subject to the1070 |
|---|
| 1211 | 1211 | | licensing requirements under this chapter. However, nothing in this chapter shall preclude1071 |
|---|
| 1212 | 1212 | | the implementation and enforcement by any municipality or county of a local rule,1072 |
|---|
| 1213 | 1213 | | regulation, ordinance, order, or other requirement in effect and operation as of July 1, 2004,1073 |
|---|
| 1214 | 1214 | | that requires a person to obtain a locally issued license, registration, or certification in order1074 |
|---|
| 1215 | 1215 | | to:1075 |
|---|
| 1216 | 1216 | | (1) Engage in the construction of improvements to real property to the extent such1076 |
|---|
| 1217 | 1217 | | activities are not encompassed by this chapter or by Chapter 14 of this title; or1077 |
|---|
| 1218 | 1218 | | (2) Engage in residential or commercial general contracting within such jurisdiction;1078 |
|---|
| 1219 | 1219 | | provided, however, that:1079 |
|---|
| 1220 | 1220 | | (A) The requirements and criteria for issuance of such local license, registration, or1080 |
|---|
| 1221 | 1221 | | certification shall have been at least as strict and stringent, in the sole judgment of the1081 |
|---|
| 1222 | 1222 | | board, as those for the issuance of a corresponding state-wide license issued under this1082 |
|---|
| 1223 | 1223 | | chapter;1083 |
|---|
| 1224 | 1224 | | (B) Such local license, registration, or certification shall only apply to activities1084 |
|---|
| 1225 | 1225 | | performed within the geographical limits of such municipality or county; and1085 |
|---|
| 1226 | 1226 | | (C) Such requirement shall not prevent or foreclose any contractor not holding such1086 |
|---|
| 1227 | 1227 | | local license, registration, or certification but holding a valid and current state-wide1087 |
|---|
| 1228 | 1228 | | license issued under this chapter or Chapter 14 of this title from the transaction of1088 |
|---|
| 1229 | 1229 | | contracting business in such local jurisdiction within the scope of his or her state-wide1089 |
|---|
| 1230 | 1230 | | license.1090 |
|---|
| 1231 | 1231 | | (d) Any person qualified by the Department of Transportation to perform construction1091 |
|---|
| 1232 | 1232 | | work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving1092 |
|---|
| 1233 | 1233 | | S. B. 503 |
|---|
| 1234 | 1234 | | - 42 - 24 LC 36 5753 |
|---|
| 1235 | 1235 | | projects; airport runways or taxiways; or railroads, and services incidental thereto, for the |
|---|
| 1236 | 1236 | | 1093 |
|---|
| 1237 | 1237 | | department shall not be required to be licensed under this chapter in order to perform any1094 |
|---|
| 1238 | 1238 | | such work for the department or for any other owner requiring similar work to be1095 |
|---|
| 1239 | 1239 | | performed. The commercial |
|---|
| 1240 | 1240 | | general contractor division of the board, in agreement with1096 |
|---|
| 1241 | 1241 | | the Department of Transportation, shall, by rule, define 'services incidental thereto' for the1097 |
|---|
| 1242 | 1242 | | purposes of this subsection only and shall likewise define any other necessary terms as to1098 |
|---|
| 1243 | 1243 | | the scope of the exemption provided by this subsection.1099 |
|---|
| 1244 | 1244 | | (e) Nothing in this chapter shall prevent any person holding a valid license issued by the1100 |
|---|
| 1245 | 1245 | | State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter1101 |
|---|
| 1246 | 1246 | | 14 of this title from performing any work defined in the Code sections under which the1102 |
|---|
| 1247 | 1247 | | license held by said person was issued. Furthermore, nothing in this chapter shall preclude1103 |
|---|
| 1248 | 1248 | | a person licensed under Chapter 14 of this title to perform plumbing, conditioned air1104 |
|---|
| 1249 | 1249 | | contracting, utility contracting, electrical contracting, or low-voltage contracting from1105 |
|---|
| 1250 | 1250 | | offering to perform, performing, engaging in, or contracting to engage in the performance1106 |
|---|
| 1251 | 1251 | | of construction work or services directly with an owner, which work would otherwise1107 |
|---|
| 1252 | 1252 | | require a license under this chapter, where the total scope of the work to be performed is1108 |
|---|
| 1253 | 1253 | | predominantly of the type for which such contractor is duly licensed to perform under1109 |
|---|
| 1254 | 1254 | | Chapter 14 of this title such that any other work involved is incidental to and an integral1110 |
|---|
| 1255 | 1255 | | part of the work performed within the scope of such license under said chapter and does1111 |
|---|
| 1256 | 1256 | | not exceed the greater of $10,000.00 or 25 percent of the total value at the time of1112 |
|---|
| 1257 | 1257 | | contracting of the work to be performed; provided, however, that such contractor may not1113 |
|---|
| 1258 | 1258 | | delegate or assign the responsibility to directly supervise and manage the performance of1114 |
|---|
| 1259 | 1259 | | such other work to a person unless such person is licensed under this chapter and the work1115 |
|---|
| 1260 | 1260 | | being performed by such person is within the scope of that person's license.1116 |
|---|
| 1261 | 1261 | | (f) Nothing in this chapter shall preclude a specialty contractor from offering or1117 |
|---|
| 1262 | 1262 | | contracting to perform or undertaking or performing for an owner limited, specialty, or1118 |
|---|
| 1263 | 1263 | | specific trade contractor work. However, nothing in this chapter shall permit a specialty1119 |
|---|
| 1264 | 1264 | | S. B. 503 |
|---|
| 1265 | 1265 | | - 43 - 24 LC 36 5753 |
|---|
| 1266 | 1266 | | contractor to perform work falling within the licensing requirements of Chapter 14 of this |
|---|
| 1267 | 1267 | | 1120 |
|---|
| 1268 | 1268 | | title where such specialty contractor is not duly licensed under such chapter to perform1121 |
|---|
| 1269 | 1269 | | such work. The board shall, |
|---|
| 1270 | 1270 | | by rule or policy by January 1, 2008, identify specialty1122 |
|---|
| 1271 | 1271 | | contractors or other criteria to determine eligibility under the exemption of this subsection. 1123 |
|---|
| 1272 | 1272 | | The specialty contractor otherwise exempted from license requirements under this chapter1124 |
|---|
| 1273 | 1273 | | may perform work for an owner that would otherwise require a license under this chapter1125 |
|---|
| 1274 | 1274 | | where the total scope of the work to be performed is predominantly of the type for which1126 |
|---|
| 1275 | 1275 | | such specialty contractor is duly recognized as exempt under this subsection by the board,1127 |
|---|
| 1276 | 1276 | | provided that such other work involved is incidental to and an integral part of the exempt1128 |
|---|
| 1277 | 1277 | | work performed by the specialty contractor and does not exceed the greater of $10,000.001129 |
|---|
| 1278 | 1278 | | or 25 percent of the total value at the time of contracting of the work to be performed.1130 |
|---|
| 1279 | 1279 | | (g) Nothing in this chapter shall preclude a person from offering or contracting to perform1131 |
|---|
| 1280 | 1280 | | or undertaking or performing for an owner repair work, provided that the person1132 |
|---|
| 1281 | 1281 | | performing the repair work discloses to the owner that such person does not hold a license1133 |
|---|
| 1282 | 1282 | | under this chapter and provided, further, that such work does not affect the structural1134 |
|---|
| 1283 | 1283 | | integrity of the real property. The board shall by rule or regulation further define the term1135 |
|---|
| 1284 | 1284 | | 'repair' as used in this subsection and any other necessary terms as to the scope of this1136 |
|---|
| 1285 | 1285 | | exemption.1137 |
|---|
| 1286 | 1286 | | (h) Nothing in this chapter shall preclude any person from constructing a building or1138 |
|---|
| 1287 | 1287 | | structure on real property owned by such person which is intended upon completion for use1139 |
|---|
| 1288 | 1288 | | or occupancy solely by that person and his or her family, firm, or corporation and its1140 |
|---|
| 1289 | 1289 | | employees, and not for use by the general public and not offered for sale or lease. In so1141 |
|---|
| 1290 | 1290 | | doing, such person may act as his or her own contractor personally providing direct1142 |
|---|
| 1291 | 1291 | | supervision and management of all work not performed by licensed contractors. However,1143 |
|---|
| 1292 | 1292 | | if, under this subsection, the person or his or her family, firm, or corporation has previously1144 |
|---|
| 1293 | 1293 | | sold or transferred a building or structure which had been constructed by such person1145 |
|---|
| 1294 | 1294 | | acting without a licensed residential or commercial general contractor within the prior 241146 |
|---|
| 1295 | 1295 | | S. B. 503 |
|---|
| 1296 | 1296 | | - 44 - 24 LC 36 5753 |
|---|
| 1297 | 1297 | | month period, starting from the date on which a certificate of occupancy was issued for |
|---|
| 1298 | 1298 | | 1147 |
|---|
| 1299 | 1299 | | such building or structure, then such person may not, under this subsection, construct1148 |
|---|
| 1300 | 1300 | | another separate building or structure without having first obtained on his or her own1149 |
|---|
| 1301 | 1301 | | behalf an appropriate residential or commercial |
|---|
| 1302 | 1302 | | general contractor license or having1150 |
|---|
| 1303 | 1303 | | engaged such a duly licensed contractor to perform such work to the extent required under1151 |
|---|
| 1304 | 1304 | | this chapter, or it shall be presumed that the person, firm, or corporation did not intend such1152 |
|---|
| 1305 | 1305 | | building solely for occupancy by that person and his or her family, firm, or corporation. 1153 |
|---|
| 1306 | 1306 | | Further, such person may not delegate the responsibility to directly supervise and manage1154 |
|---|
| 1307 | 1307 | | all or any part of the work relating thereto to any other person unless that person is licensed1155 |
|---|
| 1308 | 1308 | | under this chapter and the work being performed is within the scope of that person's1156 |
|---|
| 1309 | 1309 | | license. In any event, however, all such work must be done in conformity with all other1157 |
|---|
| 1310 | 1310 | | applicable provisions of this title, the rules and regulations of the board and division1158 |
|---|
| 1311 | 1311 | | involved, and any applicable county or municipal resolutions, ordinances, codes,1159 |
|---|
| 1312 | 1312 | | permitting, or inspection requirements.1160 |
|---|
| 1313 | 1313 | | (i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this1161 |
|---|
| 1314 | 1314 | | title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer1162 |
|---|
| 1315 | 1315 | | registered pursuant to Chapter 15 of this title from performing work or providing services1163 |
|---|
| 1316 | 1316 | | within the scope of his or her registration for the practice of architecture or interior design1164 |
|---|
| 1317 | 1317 | | or license for practicing engineering.1165 |
|---|
| 1318 | 1318 | | (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this1166 |
|---|
| 1319 | 1319 | | title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer1167 |
|---|
| 1320 | 1320 | | registered pursuant to Chapter 15 of this title from offering to perform or offering or1168 |
|---|
| 1321 | 1321 | | rendering design-build services to an owner; provided, however, that such offer or contract1169 |
|---|
| 1322 | 1322 | | shall clearly indicate at the time of such offer or contract that all services of a commercial1170 |
|---|
| 1323 | 1323 | | general contractor incident to the design-build performance shall be performed by a duly1171 |
|---|
| 1324 | 1324 | | licensed commercial general contractor in compliance with other provisions of this chapter1172 |
|---|
| 1325 | 1325 | | and that all services so offered or provided falling within the scope of the licensing1173 |
|---|
| 1326 | 1326 | | S. B. 503 |
|---|
| 1327 | 1327 | | - 45 - 24 LC 36 5753 |
|---|
| 1328 | 1328 | | requirements of this chapter are offered and rendered by a licensed commercial general1174 |
|---|
| 1329 | 1329 | | contractor in accordance with this chapter.1175 |
|---|
| 1330 | 1330 | | (k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings1176 |
|---|
| 1331 | 1331 | | classified as an agricultural occupancy or that are used for agricultural storage or1177 |
|---|
| 1332 | 1332 | | agricultural purposes.1178 |
|---|
| 1333 | 1333 | | (l) A contractor licensed under this chapter shall not be required to list on the face of a bid1179 |
|---|
| 1334 | 1334 | | or proposal envelope the license number of any contractor licensed under Chapter 14 of1180 |
|---|
| 1335 | 1335 | | this title that may or will be engaged to perform any work within the licensing requirements1181 |
|---|
| 1336 | 1336 | | of Chapter 14 of this title which comprises part of the work for which such bid or proposal1182 |
|---|
| 1337 | 1337 | | is submitted.1183 |
|---|
| 1338 | 1338 | | (m) Dams, including both earth dams and concrete dams, designed for electrical1184 |
|---|
| 1339 | 1339 | | generation, water storage, or any other purpose may be constructed by either a commercial1185 |
|---|
| 1340 | 1340 | | general contractor licensed under this chapter or by a utility contractor licensed pursuant1186 |
|---|
| 1341 | 1341 | | to Chapter 14 of this title.1187 |
|---|
| 1342 | 1342 | | (n) Nothing in this chapter shall apply to the construction or installation of manufactured1188 |
|---|
| 1343 | 1343 | | homes as defined in paragraph (4) of Code Section 8-2-131.1189 |
|---|
| 1344 | 1344 | | 43-41-18.1190 |
|---|
| 1345 | 1345 | | (a) As used in this Code section, the term:1191 |
|---|
| 1346 | 1346 | | (1) 'Discharge' means an honorable discharge or a general discharge from active military1192 |
|---|
| 1347 | 1347 | | service. Such term shall not mean a discharge under other than honorable conditions, a1193 |
|---|
| 1348 | 1348 | | bad conduct discharge, or a dishonorable discharge.1194 |
|---|
| 1349 | 1349 | | (2) 'Military' means the armed forces of the United States or a reserve component of the1195 |
|---|
| 1350 | 1350 | | armed forces of the United States, including the National Guard.1196 |
|---|
| 1351 | 1351 | | (b) A committee composed of the division director, members of the Governor's Office of1197 |
|---|
| 1352 | 1352 | | Workforce Development, and members of the licensing board representing the profession1198 |
|---|
| 1353 | 1353 | | of residential-light-commercial contracting shall determine the military specialties or1199 |
|---|
| 1354 | 1354 | | S. B. 503 |
|---|
| 1355 | 1355 | | - 46 - 24 LC 36 5753 |
|---|
| 1356 | 1356 | | certifications the training, experience, and testing for which substantially meet or exceed |
|---|
| 1357 | 1357 | | 1200 |
|---|
| 1358 | 1358 | | the requirements to obtain a residential- |
|---|
| 1359 | 1359 | | light-commercial contractor's license. The1201 |
|---|
| 1360 | 1360 | | Governor shall designate a chairperson from among the membership of the committee.1202 |
|---|
| 1361 | 1361 | | (c) Any current or former member of the military may apply to the licensing board for the1203 |
|---|
| 1362 | 1362 | | immediate issuance of a license or certification based upon his or her having obtained a1204 |
|---|
| 1363 | 1363 | | military specialty or certification the training or experience for which substantially meets1205 |
|---|
| 1364 | 1364 | | or exceeds the requirements to obtain a residential-light-commercial contractor's license. 1206 |
|---|
| 1365 | 1365 | | In order to qualify under this subsection, an applicant shall make application not later than1207 |
|---|
| 1366 | 1366 | | 180 days after his or her discharge. Such application shall be in such form and shall1208 |
|---|
| 1367 | 1367 | | require such documentation as the division director shall determine. If the applicant1209 |
|---|
| 1368 | 1368 | | satisfies the requirements of this Code section, the division director shall direct the1210 |
|---|
| 1369 | 1369 | | appropriate division to issue the license, and such division shall immediately issue such1211 |
|---|
| 1370 | 1370 | | license; provided, however, that the applicant shall satisfy all financial and insurance1212 |
|---|
| 1371 | 1371 | | requirements for the issuance of such license. This Code section shall only apply to the1213 |
|---|
| 1372 | 1372 | | initial issuance of a license. After the initial issuance of a license, the licensee shall be1214 |
|---|
| 1373 | 1373 | | subject to any provisions relating to the renewal of the license applicable to all licensees.1215 |
|---|
| 1374 | 1374 | | 43-41-19.1216 |
|---|
| 1375 | 1375 | | Reserved."1217 |
|---|
| 1376 | 1376 | | SECTION 2.1218 |
|---|
| 1377 | 1377 | | All laws and parts of laws in conflict with this Act are repealed.1219 |
|---|
| 1378 | 1378 | | S. B. 503 |
|---|
| 1379 | 1379 | | - 47 - |
|---|