25 LC 55 0382 House Bill 187 By: Representatives Washburn of the 144 th , Powell of the 33 rd , McDonald III of the 26 th , Carpenter of the 4 th , McCollum of the 30 th , and others A BILL TO BE ENTITLED AN ACT To amend Titles 8, 10, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to 1 buildings and housing, commerce and trade, local government, professions and businesses,2 and public utilities and public transportation, respectively, so as to change certain provisions3 relating to certain professions practicing in this state; to change certain provisions relating4 to electrical contractors, plumbers, conditioned air contractors, low voltage contractors, and5 utility contractors; to change certain definitions; to provide for qualifications of the State6 Construction Industry Licensing Board; to provide for certain restrictions relating to classes7 of low voltage licenses; to change certain provisions related to the power and duties of the8 divisions and the division director; to provide for additional licensing requirements; to9 provide requirements for license renewals and inactive licenses; to provide for approval of10 safety training; to change certain provisions relating to applicability; to provide for11 conforming cross-references and terminology; to provide for related matters; to provide for12 an effective date; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 H. B. 187 - 1 - 25 LC 55 0382 PART I 15 SECTION 1-1.16 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,17 is amended by revising Chapter 14, relating to electrical contractors, plumbers, conditioned18 air contractors, low-voltage contractors, and utility contractors, as follows:19 "CHAPTER 1420 43-14-1.21 This chapter is enacted for the purpose of safeguarding homeowners, other property22 owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe23 electrical, plumbing, low-voltage low voltage wiring, utility contracting, or conditioned air24 installations. The practice practices of electrical contracting, plumbing contracting,25 installing, or repairing, low-voltage low voltage contracting, utility contracting, and26 conditioned air contracting are declared to be businesses or professions affecting the public27 interest; and this chapter shall be liberally construed so as to accomplish the purposes28 stated in this Code section.29 43-14-2.30 As used in this chapter, the term:31 (.1)(1) 'Alarm system' means any device or combination of devices used to detect a32 situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency,33 or equipment failure, or on the occurrence of any other predetermined event.34 (1)(2) 'Board' means the State Construction Industry Licensing Board.35 (2)(3) 'Certificate of competency' means a valid and current certificate that is issued by36 the Division of Electrical Contractors created in Code Section 43-14-3, which certificate37 H. B. 187 - 2 - 25 LC 55 0382 shall give and that gives the named electrical contractor to which it is issued authority to38 engage in electrical contracting of the kind described therein. Certificates of competency39 shall be of two kinds, Class I and Class II, according to the classification of license held40 by the electrical contractor.41 (3)(4) 'Conditioned air contracting' means the installation, repair, or service of42 conditioned air systems or conditioned air equipment., which includes, but is not limited43 to:44 (A) Service to or installation of the electrical connection between the electrical45 disconnect and conditioned air equipment is considered to be installation, repair, or46 service of conditioned air equipment or the conditioned air system.; and47 (B) Service to or installation of the electrical circuit from the electrical distribution48 panel to the conditioned air equipment where the electrical service to the building or49 site is a single-phase electrical circuit not exceeding 200 amperes is considered to be50 installation, repair, or service of conditioned air equipment or the conditioned air51 system.52 (4)(5) 'Conditioned air contractor' means an individual who is any person engaged in53 conditioned air contracting under express or implied contract or who that bids for, offers54 to perform, purports to have the capacity to perform, or does perform conditioned air55 contracting services under express or implied contract. The term 'conditioned air56 contractor' Such term shall not include a person an individual who is an employee of a57 conditioned air contractor and who receives only a salary or hourly wage for performing58 conditioned air contracting work.59 (5)(6) 'Conditioned air equipment' means heating and air-conditioning equipment60 covered under state codes and the natural gas piping system on the outlet side of the gas61 meter.62 (6)(7) 'Electrical contracting' means the installation, maintenance, alteration, or repair63 of any electrical equipment, apparatus, control system, or electrical wiring device which64 H. B. 187 - 3 - 25 LC 55 0382 is attached to or incorporated into any building or structure in this state but shall not 65 include low-voltage low voltage contracting.66 (7)(8) 'Electrical contractor' means any person who engages engaged in the business of67 electrical contracting under express or implied contract or who that bids for, offers to68 perform, purports to have the capacity to perform, or does perform electrical contracting69 services under express or implied contract. The term 'electrical contractor' Such term70 shall not include a person an individual who is an employee of an electrical contractor71 and who receives only a salary or hourly wage for performing electrical contracting work.72 (8)(9) 'Executive director' means the executive director of the State Construction73 Industry Licensing Board.74 (8.1)(10) 'General system' means any electrical system, other than an alarm or75 telecommunication system, involving low-voltage low voltage wiring.76 (9)(11) 'Journeyman plumber' means any person individual other than a master plumber77 who has practical knowledge of the installation of plumbing and installs plumbing under78 the direction of a master plumber.79 (10)(12) 'License' means a valid and current certificate of registration issued by a80 division of the board, which certificate shall give the named person to whom it is issued81 authority to engage in the activity prescribed thereon.82 (10.1)(13) 'Low voltage 'Low-voltage contracting' means the installation, alteration,83 service, or repair of a telecommunication system, alarm system, or general system84 involving low-voltage low voltage wiring.85 (10.2)(14) 'Low voltage 'Low-voltage contractor' means an individual who is any person86 engaged in low-voltage low voltage contracting under express or implied contract or who87 that bids for, offers to perform, purports to have the capacity to perform, or does perform88 low-voltage low voltage contracting services under express or implied contract. An89 employee of a low-voltage contractor who receives only a salary or hourly wage for90 performing low-voltage contracting work shall not be required to be licensed under this91 H. B. 187 - 4 - 25 LC 55 0382 chapter, except that those employees upon whom the qualification of a partnership,92 limited liability company, or corporation rests as outlined in subsection (b) of Code93 Section 43-14-8.1 shall be licensed.94 (10.3)(15) 'Low voltage 'Low-voltage wiring' means:95 (A) Wiring systems of 50 volts or less and control circuits directly associated96 therewith;97 (B) Wiring systems having a voltage in excess of 50 volts, provided such systems98 consist solely of power limited circuits meeting the definition of a Class II and Class99 III wiring system as defined in Article 725 of the National Electrical Code; or100 (C) Line voltage wiring having a voltage not in excess of 300 volts to ground and101 installed from the load-side terminals of a suitable disconnecting means which has been102 installed for the specific purpose of supplying the low-voltage low voltage wiring103 system involved or installed from a suitable junction box which has been installed for104 such specific purpose.105 (11)(16) 'Master plumber' means any individual engaging engaged in the business of106 plumbing under express or implied contract or who bids for, offers to perform, purports107 to have the capacity to perform, or does perform plumbing contracting services under108 express or implied contract.109 (12)(17) 'Plumbing' means:110 (A) The the practice of installing, maintaining, altering, or repairing piping fixtures,111 appliances, and appurtenances in connection with sanitary drainage or storm drainage112 facilities, venting systems, medical gas piping systems, natural gas piping systems on113 the outlet side of gas meters, or public or private water supply systems within or114 adjacent to any building, structure, or conveyance, or manhole; provided, however, that115 after July 1, 1997, only master plumbers and journeyman plumbers who have been116 certified by the Division of Master Plumbers and Journeyman Plumbers to perform117 H. B. 187 - 5 - 25 LC 55 0382 such tasks shall be authorized to install, maintain, alter, or repair medical gas piping118 systems. The term 'plumbing' also includes the and119 (B) The practice of and materials used in installing, maintaining, extending, or altering120 the natural gas, storm-water, sewerage, and water supply systems of any premises to121 their connection with any point of public disposal or other acceptable terminal;122 provided, however, that licensure under this chapter shall not be required for a123 contractor certified by the Department of Public Health to make the connection to any124 on-site waste-water management system from the stub out exiting the structure to an125 on-site waste-water management system. Notwithstanding any other provision of this126 chapter, any person who holds a valid master plumbing license or any company which127 holds a valid utility contractor license shall be qualified to construct, alter, or repair any128 plumbing system which extends from the property line up to but not within five feet of129 any building, structure, or conveyance, regardless of the cost or depth of any such130 plumbing system.131 (12.1)(18) 'Telecommunication system' means a switching system and associated132 apparatus which performs the basic function of two-way voice or data service, or both,133 and which can be a commonly controlled system capable of being administered both134 locally and remotely via secured access.135 (13)(19) 'Utility contracting' means undertaking to construct, erect, alter, or repair or136 have constructed, erected, altered, or repaired any utility system.137 (14)(20) 'Utility contractor' means a sole proprietorship, partnership, or corporation138 which is engaged in utility contracting under express or implied contract or which bids139 for, offers to perform, purports to have the capacity to perform, or does perform utility140 contracting under express or implied contract.141 (15)(21) 'Utility foreman' means any individual who is employed by a licensed contractor142 to supervise the construction, erection, alteration, or repair of utility systems.143 H. B. 187 - 6 - 25 LC 55 0382 (16)(22) 'Utility manager' means any individual who is employed by a utility contractor144 to have oversight and charge of the construction, erection, alteration, or repair of utility145 systems.146 (17)(23) 'Utility system' means:147 (A) Any system at least five feet underground, when installed or accessed by trenching,148 open cut, cut and cover, or other similar construction methods which install or access149 the system from the ground surface, including, but not limited to, gas distribution150 systems, electrical distribution systems, communication systems, water supply systems,151 and sanitary sewerage and drainage systems; and152 (B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate153 collection and treatment systems associated with landfills, and pump stations, when the154 system distributes or collects a service, product, or commodity for which a fee or price155 is paid for said service, product, or commodity or for the disposal of said service,156 product, or commodity.157 43-14-3.158 (a) There is created within the executive branch of state government the State Construction159 Industry Licensing Board. The board shall be assigned to the Secretary of State's office for160 administrative purposes and shall be under the jurisdiction of the division director.161 (b) The board shall be composed of 27 members as follows:162 (1) Five members known as the Division of Electrical Contractors, one of whom shall163 be a consulting professional engineer engaged in electrical practice, another of whom164 shall be the chief electrical an inspector with electrical inspection duties of a county or165 municipality, and shall have served in such office for five years immediately preceding166 appointment to the board or a third-party inspector regularly providing inspections to a167 county or municipality, and the remaining three of whom shall be engaged in the168 electrical contracting business licensed electrical contractors in this state;169 H. B. 187 - 7 - 25 LC 55 0382 (2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, 170 one of whom shall be a full-time plumbing inspector of a county or municipality, three171 of whom shall be master or contracting plumbers, and one of whom shall be a172 journeyman plumber;173 (3) Five members known as the Division of Conditioned Air Contractors, one of whom174 shall be a licensed professional engineer engaged in mechanical practice, one of whom175 shall be the chief conditioned air inspector of a county or municipality, and three of176 whom shall be conditioned air contractors with more than five years of installation and177 service experience in the trade;178 (4) Five members known as the Division of Low-voltage Low Voltage Contractors, one179 of whom shall be an alarm system low-voltage low voltage contractor, one of whom shall180 be an unrestricted low-voltage low voltage contractor, one of whom shall be a181 telecommunication system low-voltage low voltage contractor, one of whom shall be a182 professional electrical engineer, and one of whom shall be the chief electrical an inspector183 with electrical inspection duties of a county or municipality or contracted by a county or184 municipality to perform electrical inspections;185 (5) Five members known as the Division of Utility Contractors, three of whom shall be186 utility contractors, one of whom shall be a registered professional engineer, and one of187 whom shall be an insurance company representative engaged primarily in the bonding of188 construction projects; and189 (6) Two members who shall not have any connection with the electrical contracting,190 plumbing, or conditioned air contracting businesses whatsoever but who shall have a191 recognized interest in consumer affairs and consumer protection concerns.192 (c) All members shall be appointed by the Governor, subject to confirmation by the193 Senate, for four-year terms.194 (d) A member shall serve until a successor has been duly appointed and qualified.195 H. B. 187 - 8 - 25 LC 55 0382 (e) The Governor shall make appointments to fill the unexpired portions of any terms 196 vacated for any reason. In making such appointments, the Governor shall preserve the197 composition of the board as required by this chapter. Members shall be eligible for198 reappointment.199 (f) Any appointive appointed member who, during his or her term, shall cease to meet the200 qualifications for original appointment shall thereby forfeit membership on the board.201 (g) Each member of the board shall take an oath of office before the Governor or the202 Governor's designee to faithfully perform the duties of such office.203 (h) The Governor may remove any member for failure to attend meetings, neglect of duty,204 incompetence, revocation or suspension of professional trade license, or other dishonorable205 conduct.206 (i) Members of the board shall be reimbursed as provided for in subsection (f) of Code207 Section 43-1-2.208 43-14-4.209 (a) The office of chairperson shall be rotated among the five divisions enumerated in Code210 Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. 211 Any vacancy in the office of chairperson shall be filled by the members for the unexpired212 term. The person individual selected to fill the vacancy shall be a member of the same213 division as the previous chairperson.214 (b) The board shall meet at the call of the chairperson or upon the recommendation of a215 majority of its members.216 (c) Each division within the board shall also elect from its membership a chairperson who217 shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled218 by one of the members for the unexpired term.219 (d) Any member elected chairperson of a division may serve more than one consecutive220 term of office.221 H. B. 187 - 9 - 25 LC 55 0382 (e) Each division shall carry out its powers and duties provided for in this chapter with the 222 assistance of the executive director and staff of the board.223 (f) The divisions shall meet at the call of the chairperson.224 (g) Three members of each division shall constitute a quorum for the transaction of225 business of such division.226 43-14-5.227 The board shall have the power to:228 (1) Request from the various state departments and other agencies and authorities of the229 state and its political subdivisions and their agencies and authorities such available230 information as it may require in its work; and all such agencies and authorities shall231 furnish such requested available information to the board within a reasonable time;232 (2) Provide by regulation for reciprocity with other states in the registration and licensing233 of electrical contractors, master plumbers, journeyman plumbers, low-voltage low voltage234 contractors, utility contractors, or conditioned air contractors and in the certification of235 utility contracting foremen, provided that such other states have requirements236 substantially equal similar to the requirements in force in this state for registration,237 licensure, and certification; provided, further, that a similar privilege is offered to238 residents of this state;239 (3) Adopt an official seal for its use and change it at pleasure modify such seal as the240 board deems necessary;241 (4) Establish the policies for regulating the businesses of electrical contracting,242 plumbing, low-voltage, utility plumbing contracting, low voltage contracting, utility243 contracting, and conditioned air contracting;244 (4.1)(5) Upon notice and hearing authorized and conducted in accordance with Code245 Section 43-14-10 43-14-14 and any rules and regulations promulgated by the board,246 either by the board directly or through a valid delegation of the board's enforcement247 H. B. 187 - 10 - 25 LC 55 0382 power to a division thereof, assess civil penalties in an amount up to $10,000.00 per 248 violation against any person found to be in violation of any requirement of this chapter;249 (5) (6) Determine qualifications for licensure or certification including such experience250 requirements as the board deems necessary; and251 (6)(7) Promulgate and adopt rules and regulations necessary to carry out this chapter.252 43-14-6.253 (a) The Division of Electrical Contractors, with respect to applicants for a license to254 engage in or licensees engaging in the business of electrical contracting; the Division of255 Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to256 engage in or licensees engaging in the business of plumbing as master plumbers or257 journeyman plumbers; the Division of Low-voltage Low Voltage Contractors, with respect258 to applicants for a license to engage in or licensees engaging in the business of low-voltage259 low voltage contracting; the Division of Utility Contractors with respect to applicants for260 a license to engage in or licensees engaging in the business of utility contracting and with261 respect to applicants for a certificate to be a utility manager or utility foreman or holders262 of a utility manager or utility foreman certificate; and the Division of Conditioned Air263 Contractors, with respect to applicants for a license to engage in or licensees engaging in264 the business of conditioned air contracting, shall:265 (1) Approve examinations for all applicants for licenses or certificates, except for utility266 contractor licenses and utility foreman certificates., as follows:267 (A) The Division of Electrical Contractors shall approve separate examinations for268 Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting269 involving multifamily structures of not more than two levels or single-family dwellings270 of up to three levels. In addition, the; provided, however, that such structures shall have271 single-phase electrical installations which do not exceed 400 amperes at the service272 drop or the service lateral. Class II licenses shall be unrestricted.;273 H. B. 187 - 11 - 25 LC 55 0382 (B) The Division of Master Plumbers and Journeyman Plumbers shall approve separate274 examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman275 Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving276 single-family dwellings and one-level dwellings designed for not more than two277 families and commercial structures not to exceed 10,000 square feet in area. Master278 Plumber Class II licenses shall be unrestricted. Only a Master Plumber Class I or a279 Master Plumber Class II shall be authorized to install, maintain, alter, or repair medical280 gas piping systems;281 (C) The Division of Conditioned Air Contractors shall approve separate examinations282 for Class I and Class II licenses. Class I licenses shall be restricted to the installation,283 repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU284 (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be285 unrestricted.; and286 (D) The Division of Low-voltage Low Voltage Contractors shall approve separate287 examinations for:288 (i) Low Voltage Low-voltage Contractor Class LV-A, licenses restricted to alarm and289 general system low voltage contracting;290 (ii) Low Voltage Low-voltage Contractor Class LV-T, licenses restricted to291 telecommunication and general system low voltage contracting;292 (iii) Low Voltage Contractor Class LV-G licenses restricted to general system low293 voltage contracting; and294 (iv) Low Voltage Contractor Low-voltage Contractor Class LV-U, and Low-voltage295 Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general296 system low-voltage contracting, Class LV-T licenses shall be restricted to297 telecommunication and general system low-voltage contracting, Class LV-G licenses298 shall be restricted to general system low-voltage contracting, and Class LV-U licenses299 H. B. 187 - 12 - 25 LC 55 0382 that shall be unrestricted and permit the performance of alarm, telecommunication,300 and general system low-voltage low voltage contracting;301 (2) Register and license or grant a certificate and issue renewal licenses and renewal302 certificates biennially to all persons meeting the qualifications for a license or certificate. 303 The following licenses or certificates shall be issued by the divisions:304 (A) Electrical Contractor Class I;305 (B) Electrical Contractor Class II;306 (C) Master Plumber Class I;307 (D) Master Plumber Class II;308 (E) Journeyman Plumber;309 (F) Conditioned Air Contractor Class I;310 (G) Conditioned Air Contractor Class II;311 (H) Low-voltage Low Voltage Contractor Class LV-A;312 (I) Low-voltage Low Voltage Contractor Class LV-T;313 (J) Low-voltage Low Voltage Contractor Class LV-G;314 (K) Low-voltage Low Voltage Contractor Class LV-U;315 (L) Utility Contractor; Class A;316 (M) Utility Contractor; Class B;317 (N) Utility Contractor; Class U;318 (O) Utility Manager (certificate); and319 (P) Utility Foreman (certificate);320 (3) Investigate, with the aid of the division director, alleged violations of this chapter or321 other laws and rules and regulations of the board relating to the profession;322 (4) After notice and hearing, have the power to reprimand any person, licensee, or323 certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse324 to grant, renew, or restore a license or certificate to any person, licensee, or certificate325 holder upon any one of the following grounds:326 H. B. 187 - 13 - 25 LC 55 0382 (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, 327 false, or fraudulent document in connection with the license or certificate requirements328 of this chapter or the rules and regulations of the board;329 (B) Failure at any time to comply with the requirements for a license or certificate330 under this chapter or the rules and regulations of the board;331 (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to332 such an extent as to render the license or certificate holder unsafe or unfit to practice333 any profession licensed or certified under this chapter;334 (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or335 harm the public;336 (E) Knowingly performing any act which in any way assists an unlicensed or337 noncertified person to practice such profession;338 (F) Violating, directly or indirectly, or assisting in or abetting any violation of any339 provision of this chapter or any rule or regulation of the board;340 (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,341 plumbing, low-voltage low voltage contracting, utility contracting, or conditioned air342 contracting likely to endanger life, health, or property. The performance of any work343 that does not comply with the standards set by state codes or by local codes in344 jurisdictions where such codes are adopted, provided that such local codes are as345 stringent as the state codes, or by other codes or regulations which have been adopted346 by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or347 unsafe character of such electrical, plumbing, low-voltage low voltage contracting,348 utility contracting, or conditioned air contracting; provided, however, that the board,349 in its sole discretion, for good cause shown and under such conditions as it may350 prescribe, may restore a license to any person whose license has been suspended or351 revoked;352 H. B. 187 - 14 - 25 LC 55 0382 (H) With respect to utility contractors, the bidding by such a utility contractor in excess 353 of license coverage; or354 (I) With respect to utility contractors, violations of Chapter 9 of Title 25;355 (5) Review amendments to or revisions in the state minimum standard codes as prepared356 pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community357 Affairs shall be required to provide to the division director a copy of any amendment to358 or revision in the state minimum standard codes at least 45 days prior to the adoption359 thereof; and360 (6) Do all other things necessary and proper to exercise their powers and perform their361 duties in accordance with this chapter.362 (b) The Division of Electrical Contractors may also provide, by rules and regulations, for363 the issuance of certificates of competency pertaining to financial responsibility and364 financial disclosure; provided, however, that such rules and regulations are adopted by the365 board. The division shall issue certificates of competency and renewal certificates to366 persons meeting the qualifications therefor.367 (c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals368 resulting from the suspension of licenses by an approved municipal or county licensing or369 inspection authority pursuant to Code Section 43-14-12 43-14-16.370 (d)(1) The Division of Conditioned Air Contractors shall be authorized to: 371 (1) Require require persons seeking renewal of Conditioned Air Contractor Class I and372 Class II licenses to complete board approved continuing education of not more less than373 four hours annually.;374 (2) Approve The division shall be authorized to approve courses offered by institutions375 of higher learning, vocational technical schools, and trade, technical, or professional376 organizations; provided, however, that continuing education courses or programs related377 to conditioned air contracting provided or conducted by public utilities, equipment378 manufacturers, or institutions under the State Board of the Technical College System of379 H. B. 187 - 15 - 25 LC 55 0382 Georgia shall constitute acceptable continuing professional education programs for the 380 purposes of this subsection. Continuing Such continuing education courses or programs381 shall be in the areas of safety, technological advances, business management, or382 government regulation. Courses or programs conducted by manufacturers specifically383 to promote their products shall not be approved. The continuing education requirements384 of this subsection shall not be required for any licensed conditioned air contractor who385 is a registered professional engineer;386 (2)(3) Administer all All provisions of this subsection relating to continuing professional387 education shall be administered by the division.;388 (3)(4) Waive The division shall be authorized to waive the continuing education389 requirements in cases of hardship, disability, or illness or under such other circumstances390 as the board deems appropriate.; and391 (4)(5) Promulgate The division shall be authorized to promulgate rules and regulations392 to implement and ensure compliance with the requirements of this Code section.393 (5) The continuing education requirements of this subsection shall not be required of any394 licensed conditioned air contractor who is a registered professional engineer.395 (6) This Code section shall apply to each licensing and renewal cycle which begins after396 the 1990-1991 renewal.397 (e)(1) The Division of Electrical Contractors shall be authorized to:398 (1) Require individuals require persons seeking renewal of Electrical Contractor Class399 I and Class II licenses to complete board approved courses or courses which meet board400 criteria for continuing education courses of not more less than four hours annually.;401 (2) Approve The division shall be authorized to approve continuing education courses402 to be held within or outside this state that are available to all licensed electrical403 contractors on a reasonable nondiscriminatory fee basis. Any request for division404 approval of a continuing education course shall be submitted in a timely manner with due405 regard for the necessity of investigation and consideration by the division. The division406 H. B. 187 - 16 - 25 LC 55 0382 may contract with institutions of higher learning, professional organizations, or other 407 qualified persons to provide programs that meet the requirements of this paragraph 408 subsection and any rules or regulations established by the division. Such programs shall409 be self-sustaining by the individual fees set and collected by the provider of the program.;410 and411 (2)(3) Waive The division shall be authorized to waive the continuing education412 requirements in cases of hardship, disability, or illness or under such other circumstances413 as the division deems appropriate.414 (f)(1) The Division of Utility Contractors shall be authorized to:415 (1) Require individuals require persons seeking renewal of utility foreman certificates416 and utility manager certificates issued under this chapter to complete board approved417 continuing education of not more than four hours annually.;418 (2) Approve The division shall be authorized to approve courses offered by institutions419 of higher learning, vocational-technical schools, and trade, technical, or professional420 organizations; provided, however, that continuing education courses or programs related421 to utility contracting provided or conducted by institutions under the State Board of the422 Technical College System of Georgia shall constitute acceptable continuing professional423 education programs for the purposes of this subsection.; and424 (2)(3) Waive The division shall be authorized to waive the continuing education425 requirements in cases of hardship, disability, or illness or under such other circumstances426 as the division deems appropriate.427 (g)(1) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to:428 (1) Require individuals require persons seeking renewal of Journeyman Plumber, Master429 Plumber Class I, and Master Plumber Class II licenses to complete board approved430 continuing education of not more less than four hours annually.;431 (2) Approve The division shall be authorized to approve courses offered by institutions432 of higher learning, vocational-technical schools, and trade, technical, or professional433 H. B. 187 - 17 - 25 LC 55 0382 organizations; provided, however, that continuing education courses or programs related 434 to plumbing provided or conducted by institutions under the State Board of the Technical435 College System of Georgia shall constitute acceptable continuing professional education436 programs for the purposes of this subsection. ; and437 (2)(3) Waive The division shall be authorized to waive the continuing education438 requirements in cases of hardship, disability, or illness or under such other circumstances439 as the division deems appropriate.440 (h) Each division shall make all reasonable efforts to make the continuing education441 offered pursuant to this Code section available online or through home study courses and442 accessible at times outside of the normal work hours of those licensed by such division.443 43-14-7.444 (a) All orders and processes of the board and the divisions of the board shall be signed and445 attested by the division director; and any notice or legal process necessary to be served446 upon the board or the divisions may be served upon the division director.447 (b) The division director or his or her designee is vested with the power and authority to448 make such investigations in connection with the enforcement of this chapter and the rules449 and regulations of the board as he the director, the board, the divisions of the board, or any450 district attorney may deem necessary or advisable.451 43-14-8.452 (a)(1) No person shall engage in the electrical contracting business as an electrical453 contractor unless such person has a valid license from the Division of Electrical454 Contractors and a certificate of competency, if such certificates are issued by the division455 pursuant to subsection (b) of Code Section 43-14-6.456 (2) A person who that is not licensed as an electrical contractor or who that does not have457 a certificate of competency, if such certificates are issued by the division pursuant to458 H. B. 187 - 18 - 25 LC 55 0382 subsection (b) of Code Section 43-14-6, or both as may be applicable, shall be prohibited 459 from advertising in any manner that such person is in the business or profession of460 electrical contracting unless the work is performed by a licensed electrical contractor.461 (b)(1) No person shall engage in the business of plumbing contracting as a master462 plumber unless such person has a valid license from the Division of Master Plumbers and463 Journeyman Plumbers. Notwithstanding any other provisions of this chapter, any person464 who holds a valid master plumber license or any company which holds a valid utility465 contractor license shall be qualified to construct, alter, or repair any plumbing system466 which extends from the property line up to but not within five feet of any building,467 structure, or conveyance, regardless of the cost or depth of any such plumbing system.468 (2) No person shall engage in the business of plumbing contracting as a journeyman469 master plumber unless such person has a valid license from the Division of Master470 Plumbers and Journeyman Plumbers. A person that is not licensed as a Master Plumber471 Class 1 or a Master Plumber Class II shall be prohibited from advertising in any manner472 that such person is in the business or profession of plumbing contracting.473 (3) A person who does not have a valid license from the Division of Master Plumbers474 and Journeyman Plumbers shall be prohibited from advertising in any manner that such475 person is in the business or profession of plumbing as a master plumber or journeyman476 plumber unless such person is licensed by the Division of Master Plumbers and477 Journeyman Plumbers and unless the work is performed by a licensed plumber.478 (c)(1) No person shall engage in the business of conditioned air contracting as a479 conditioned air contractor unless such person has a valid conditioned air contractor480 license from the Division of Conditioned Air Contractors.481 (2) A person who that is not licensed as a conditioned air contractor shall be prohibited482 from advertising in any manner that such person is in the business or profession of a483 conditioned air contractor unless the work is performed by a licensed conditioned air484 contractor.485 H. B. 187 - 19 - 25 LC 55 0382 (d)(1) No person shall engage in low voltage contracting unless such person has a valid486 license from the Division of Low Voltage Contractors; provided, however, that an487 employee of a low voltage contractor who receives only a salary or hourly wage for488 performing low voltage contracting work shall not be required to be licensed under this489 chapter, except that those employees upon whom the qualification of a partnership,490 limited liability company, or corporation rests as provided for in Code Section 43-14-9491 shall be required to be licensed.492 (2) Except as provided in paragraph (1) of this subsection, a person that is not licensed493 as a low voltage contractor shall be prohibited from advertising in any manner that such494 person is in the business or profession of a low voltage contractor unless the work is495 performed by a licensed low voltage contractor.496 (d)(e) Notwithstanding any other provision of this chapter, prior to and including497 September 30, 1983, the following persons, desiring to qualify under the provisions stated498 in this subsection, shall be issued a state-wide license without restriction by the appropriate499 division of the State Construction Industry Licensing Board, provided that such individual500 submits proper application and pays or has paid the required fees and is not otherwise in501 violation of this chapter:502 (1) Any individual holding a license issued by the State Construction Industry Licensing503 Board, prior to the effective date of this chapter;504 (2) Any individual holding a license issued by the State Board of Electrical Contractors,505 the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air506 Heating Contractors;507 (3) Any individual holding a license to engage in such vocation issued to him or her by508 any governing authority of any political subdivision; and509 (4) Any individual who has successfully and efficiently engaged in such vocation in a510 local jurisdiction, which did not issue local licenses, for a period of at least two511 consecutive years immediately prior to the time of application. To prove that he or she512 H. B. 187 - 20 - 25 LC 55 0382 has successfully engaged in said vocation, the individual shall only be required to give 513 evidence of three successful jobs completed over such period. Such applicant shall swear514 before a notary public that such evidence is true and accurate prior to its submission to515 the division.516 (e) (f) The decision of the division as to the necessity of taking the examination or as to the517 qualifications of applicants taking the required examination shall, in the absence of fraud,518 be conclusive. All individuals, partnerships, limited liability companies, or corporations519 desiring to engage in such vocation after September 30, 1983, a business licensed under520 this chapter shall take the examination and qualify under this chapter before engaging in521 such vocation or business, including such vocation at the local level.522 (f)(g) No partnership, limited liability company, or corporation shall have the right to523 engage in the business of electrical contracting unless there is regularly connected with524 such partnership, limited liability company, or corporation a person or persons actually525 actively engaged in the performance of such business on a full-time basis who have valid526 licenses issued to them as provided for in this chapter; provided, however, that partners,527 officers, and employees of any individual who fulfilled the licensing requirements shall528 continue to be authorized to engage in the business of electrical contracting under a license529 which was valid at the time of the licensee's death for a period of 60 days from the date of530 such death. The division may, at its discretion, upon application by the electrical contractor531 showing good cause, grant one additional 60 day grace period.532 (g)(h) No partnership, limited liability company, or corporation shall have the right to533 engage in the business of plumbing unless there is regularly connected with such534 partnership, limited liability company, or corporation a person or persons actually actively535 engaged in the performance of such business on a full-time basis who have valid licenses536 for master plumbers issued to them as provided in this chapter; provided, however, that537 partners, officers, and employees of any individual who fulfilled the licensing requirements538 shall continue to be authorized to engage in the business of plumbing contracting under a539 H. B. 187 - 21 - 25 LC 55 0382 license which was valid at the time of the licensee's death for a period of 60 days from the540 date of such death. The division may, at its discretion, upon application by the plumbing541 contractor showing good cause, grant one additional 60 day grace period.542 (h)(i) No partnership, limited liability company, or corporation shall have the right to543 engage in the business of conditioned air contracting unless there is regularly connected544 with such partnership, limited liability company, or corporation a person or persons545 actually actively engaged in the performance of such business on a full-time basis who546 have valid licenses issued to them as provided for in this chapter; provided, however, that547 partners, officers, and employees of the individual who fulfilled the licensing requirements548 shall continue to be authorized to engage in the business of conditioned air contracting549 under a license which was valid at the time of the licensee's death for a period of 90 60550 days following from the date of such death. The division may, at its discretion, upon551 application by the conditioned air contractor showing good cause, grant one additional 60552 day grace period.553 (i)(j) It shall be the duty of all partnerships, limited liability companies, and corporations554 qualified under this chapter to notify the appropriate division immediately within seven555 days of the severance of connection with such partnership, limited liability company, or556 corporation of any person or persons upon whom such qualification rested.557 (j)(k) Applicants All applicants for examinations and licenses provided for by this chapter558 and all any applicants for renewal of licenses under this chapter shall be required to fill out559 a form which shall be provided by each division, showing whether or not complete a560 division approved form on which the applicant will:561 (1) Indicate if the applicant is an individual, partnership, limited liability company, or562 corporation; and, if563 (2) If the applicant is a partnership, limited liability company, or corporation, provide the564 names and addresses of the partners or members or the names and addresses of the565 H. B. 187 - 22 - 25 LC 55 0382 officers, when and where formed or incorporated, and such other information as the board 566 or each division may require. ; and567 (3) If the renewal is for All forms of applications for renewal of licenses shall also show568 whether or not the applicant, if it is a partnership, limited liability company, or569 corporation, still has connected with it indicate whether a duly qualified person holding570 a license issued by the division is still connected with such entity.571 (k) The board shall notify each local governing authority of the provisions of this chapter572 relating to licensure, especially the provisions of subsection (d) of this Code section. The573 board shall notify such governing authorities that after September 30, 1983, any person574 desiring a license to engage in a profession covered by this chapter shall be required to pass575 an examination as provided in this chapter.576 (l) Applicants who have a failing examination score on two consecutive testing attempts577 within the approved testing time frame Any applicant for licensure standing the578 examination on and after July 1, 1989, who fails the examination for licensure twice after579 such date shall be required to present satisfactory evidence to the appropriate division that580 the applicant has completed a board approved review course before such applicant will be581 admitted to a third examination approved to take the examination again. If such applicant582 fails the examination a third time, the applicant shall not be required to complete additional583 board approved review courses prior to taking subsequent examinations.584 43-14-8.1 43-14-9.585 (a) For purposes of this Code section only, 'division' means the 'Division of Low-voltage586 Low Voltage Contractors.'587 (b) No person shall engage in alarm system, general system, or telecommunication system588 low-voltage low voltage contracting unless such person has a valid license therefor from589 the Division of Low-voltage Low Voltage Contracting.590 H. B. 187 - 23 - 25 LC 55 0382 (c)(1) Prior to January 1, 1985, any Any person desiring to qualify under the provisions591 of this subsection who meets the requirements of this subsection, submits proper592 application prior to and including December 31, 1984, and pays or has paid the required593 fees and is not otherwise in violation of this chapter shall be issued a state-wide594 Low-voltage Low Voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license595 without examination.596 (2) An individual desiring to obtain Low-voltage Low Voltage Contractor Class LV-T597 shall submit to the division an affidavit which outlines the experience of said individual598 in the practice of low-voltage low voltage wiring relating to telecommunication systems.599 (3) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-A600 license shall submit to the division an affidavit which outlines the experience of said601 individual in the practice of low-voltage low voltage wiring relating to alarm systems.602 (4) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-G603 license shall submit to the division an affidavit which outlines the experience of said604 individual in the practice of low-voltage low voltage wiring relating to general systems. 605 Each such affidavit for licensure shall describe in detail the installation of at least three606 complete low-voltage wiring jobs which shall demonstrate that the individual has607 successfully performed low-voltage wiring in the area of licensure requested for a period608 of at least one year immediately prior to the time of application.609 (5) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-U610 license shall submit to the division an affidavit which outlines the experience of said611 individual in the practice of low-voltage low voltage wiring relating to alarm and612 telecommunication systems and which describes in detail the installation of at least six613 complete low-voltage low voltage wiring jobs, three in alarm and three in614 telecommunication systems, which shall demonstrate that the individual has successfully615 performed low-voltage low voltage wiring in those areas for a period of at least one year616 immediately prior to the time of application.617 H. B. 187 - 24 - 25 LC 55 0382 (6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection618 shall describe in detail the installation of at least three complete low voltage wiring jobs619 which shall demonstrate that the individual has successfully performed low voltage620 wiring in the area of licensure requested for a period of at least one year prior to the time621 of application.622 (d) The decision of the division as to the necessity of taking the examination or as to the623 qualifications of applicants taking the required examination shall, in the absence of fraud,624 be conclusive. All individuals, individuals serving as partners in partnerships, applicants625 for limited liability companies, or applicants for corporations desiring to engage in the626 vocation of low-voltage low voltage contracting after December 31, 1984, shall take the627 examination and qualify under this Code section before engaging in such vocation.628 (e) No partnership, limited liability company, or corporation shall have the right to engage629 in the business of low-voltage low voltage contracting unless there is regularly connected630 with such partnership, limited liability company, or corporation a person or persons,631 actually actively engaged in the performance of such business on a full-time basis and632 supervising the low-voltage low voltage systems installation, repair, alteration, and service633 work of all employees of such partnership, limited liability company, or corporation, who634 have valid licenses issued to them as provided in this chapter.635 (f) Partnerships, limited liability companies, or corporations having In cases where a636 partnership, limited liability company, or corporation has more than one office location637 from which low-voltage low voltage contracting is performed, shall have at least one638 person stationed in each branch office of such partnership, limited liability company, or639 corporation, who is engaged in the performance of low-voltage low voltage contracting on640 a full-time basis and; who is supervising the low-voltage low voltage wiring systems641 installation, repair, alteration, and service work of all employees of such branch office642 locations, shall have; and who has a valid license issued as provided in this Code section.643 H. B. 187 - 25 - 25 LC 55 0382 (f) It shall be the duty of all partnerships, limited liability companies, and corporations644 qualified under this Code section to notify the division, in accordance with board rules, of645 severance of connection with such partnership, limited liability company, or corporation646 of any person or persons upon whom the qualification of any such partnership, limited647 liability company, or corporation rested.648 (g) All applicants for examinations and licenses provided for by this Code section and all649 applicants for renewal of licenses under this Code section shall be required to fill out a650 form which shall be provided by the division, which form shall show whether or not the651 applicant is an individual, partnership, limited liability company, or corporation and, if a652 partnership, limited liability company, or corporation, the names and addresses of the653 partners or members or the names and addresses of the officers, when and where formed654 or incorporated, and such other information as the division in its discretion may require. 655 All forms of application for renewal of licenses shall also show whether or not the656 applicant, if it is a partnership, limited liability company, or corporation, still has connected657 with it a duly qualified person holding a license issued by the division.658 (h) The division shall notify each local governing authority of the provisions of this659 chapter relating to licensure, especially the provisions of subsection (b) of this Code660 section. The division shall notify such governing authorities that after December 31, 1984,661 any person desiring a license to engage in the vocation of low-voltage contracting shall be662 required to pass an examination as provided in this chapter.663 43-14-8.2 43-14-10.664 (a) For purposes of this Code section only, 'division' means the 'Division of Utility665 Contractors.'666 (b)(1) After June 30, 1994, no No sole proprietorship, partnership, or corporation shall667 have the right to engage in the business of utility contracting unless:668 (A) Such such business holds a utility contractor license; and669 H. B. 187 - 26 - 25 LC 55 0382 (B) There there is regularly connected with such business a person or persons who670 holds a valid utility manager certificate issued under this chapter, and such. Such utility671 manager must be actually actively engaged in the performance of such business on a672 full-time basis and must oversee the utility contracting work of all employees of the673 business.674 (2) If In cases where a sole proprietorship, partnership, or corporation has more than one675 permanent office, then each permanent office shall be registered with the division and at676 least one person who holds a valid utility manager certificate issued under this chapter677 shall be stationed in each office on a full-time basis and shall oversee the utility678 contracting work of all employees of that office.679 (2)(3) The requirements of this Code section shall not prevent any person holding a valid680 license issued by the State Construction Industry Licensing Board, or any division681 thereof, pursuant to this chapter, from performing any work defined in the Code section682 or sections under which the license held by said person was issued.683 (c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued684 a utility contractor license under the provisions of this subsection shall:685 (1) Submit a completed application to the division on the form provided indicating:686 (A) The names and addresses of proprietor, partners, or officers of such applicant;687 (B) The place and date such partnership was formed or such corporation was688 incorporated; and689 (C) The name of the qualifying utility manager holding a current certificate who is690 employed for each permanent office location of the business from which utility691 contracting is performed;692 (2) Submit its safety policy which must meet the minimum standards established by the693 board;694 (3) Pay or have paid the required fees; and695 (4) Not be otherwise in violation of this chapter.696 H. B. 187 - 27 - 25 LC 55 0382 (d) The decision of the division as to the qualifications of applicants shall, in the absence 697 of fraud, be conclusive.698 (e) It shall be the duty of the utility manager certificate holders and the licensed utility699 contractor to notify the division, in accordance with board rules, of the severance of700 connection between such utility contractor and the utility manager certificate holder or701 holders upon whom the qualification of the utility contractor rested.702 (f) In the event that a licensed utility contractor temporarily does not have employed a703 utility manager certificate holder to oversee its utility contracting work, upon notice by704 such utility contractor to the division within five seven days following the last day of705 employment of the utility manager certificate holder, the division shall grant the utility706 contractor a 90 60 day grace period in which to employ a utility manager certificate holder707 to oversee its utility contracting work before any action may be taken by the division to708 revoke the utility contractor's license. The division may, at its discretion, upon application709 by the utility contractor showing good cause, grant one additional 90 60 day grace period. 710 Grace periods totaling not more than 180 120 days may be granted during any two-year711 period. Failure to have employed a utility manager certificate holder to oversee the utility712 contracting work of the utility contractor shall be grounds for the revocation or suspension713 of the utility contractor license after a notice of hearing.714 (g) All applicants for renewal of utility contractor licenses provided for by this Code715 section shall be required to submit with the required fee a completed application on a form716 provided by the division.717 (h) It shall be unlawful for any person to contract with any other person for the718 performance of utility contracting work who is known by such person not to have a current,719 valid license as a utility contractor pursuant to this chapter.720 H. B. 187 - 28 - 25 LC 55 0382 43-14-8.3 43-14-11.721 (a) After June 30, 1994, no No person may be employed as a utility manager unless that722 person holds a current utility manager certificate issued by the Division of Utility723 Contractors.724 (b) The division shall certify all applicants for certification under this chapter who satisfy725 the requirements of this chapter and the rules and regulations promulgated under this726 chapter. Persons wishing to qualify for utility manager certification shall submit a727 completed application form documenting required experience and other qualifications as728 prescribed by the board with the required fees, and shall pass an examination, and. In order729 to obtain a utility manager certificate, an applicant must submit proof of completion of a730 board approved safety training course of safety training in utility contracting approved by731 the division. In order to continue to hold such certificate, the certificate holder must732 present proof to the division of completion of a safety training course approved by the733 division at least every two years from the date of the completion of the initial safety734 training course.735 (c) An applicant may request an oral administration of the examination.736 43-14-8.4 43-14-12.737 (a) After June 30, 1994, no No person may be employed as a utility foreman unless that738 person holds a current utility foreman certificate issued by the Division of Utility739 Contractors.740 (b) The division shall certify all applicants for certification under this chapter who satisfy741 the requirements of this chapter and the rules and regulations promulgated under this742 chapter. One requirement for such certification shall be the successful completion of a743 board approved safety training course of safety training in utility contracting approved by744 the division. In order to continue to hold such certificate, the certificate holder must submit745 proof to the division of completion of a safety training course approved by the division at746 H. B. 187 - 29 - 25 LC 55 0382 least every two years from the date of the completion of the initial safety training course. 747 In lieu of safety training any person desiring to be issued a utility foreman certificate may748 submit a completed application on or before December 31, 1994, which documents to the749 satisfaction of the division at least two years of experience as a utility foreman during the750 period between January 1, 1984, and June 30, 1994. Any person who does not submit a751 completed application for certification on or before December 31, 1994, must complete the752 required safety training in order to be certified.753 (c) After June 30, 1994, no No utility system shall be constructed, erected, altered, or754 repaired unless a certified utility manager or certified utility foreman who holds a current755 certification is present at the job site of such construction, erection, alteration, or repair of756 the utility system.757 43-14-9 43-14-13.758 (a) Every person holding a license issued by a division of the board shall display it in a759 conspicuous manner at his or her place of business.760 (b) All commercial vehicles used by licensees and certificate holders exclusively in the761 daily operation of their business shall have prominently displayed thereon the company or762 business registration or certificate number issued by the Secretary of State's office. Such763 registration number or certificate number, or website address where such number can be764 found, shall also be prominently displayed on any advertising in telephone yellow pages765 and newspapers relating to work which a licensee or certificate holder purports to have the766 capacity to perform. Said registration or certificate number shall also be printed on all767 invoices and proposal forms.768 43-14-10 43-14-14.769 This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia770 Administrative Procedure Act.'771 H. B. 187 - 30 - 25 LC 55 0382 43-14-11 43-14-15.772 Whenever it shall appear to a division of the board or to the executive director or to a773 county or municipal inspection authority that any person is or has been violating this774 chapter or any of the lawful rules, regulations, or orders of the board, the division of the775 board, the local inspection authority, or the appropriate prosecuting attorney may file a776 petition for an injunction in the proper superior court of this state against such person for777 the purpose of enjoining any such violation. It shall not be necessary to allege or prove that778 there is no adequate remedy at law. The right of injunction provided for in this Code779 section shall be in addition to any other legal remedy which the board has and shall be in780 addition to any right of criminal prosecution provided for by law.781 43-14-12 43-14-16.782 (a) Any municipal or county inspection authority which meets the standards established783 by the board shall be authorized, after notice and hearing, to suspend the license or784 certificate of competency of, or refuse to restore a license or certificate of competency to,785 any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code786 Section 43-14-6; provided, however, that such suspension of a license by a local inspection787 authority shall be applicable only within the jurisdiction of such local authority. Any788 person aggrieved by an action of a local authority shall be entitled to an appeal to the789 appropriate division of the board and shall be entitled to a hearing.790 (b)(1) This chapter shall not be construed to prohibit the governing authority of any791 county or municipality in the state from adopting and enforcing codes at the local level;792 provided, however, that no county or municipality may require any licensed conditioned793 air contractor or licensed plumber who has executed and deposited a bond as authorized794 in paragraph (2) of this subsection to give or furnish or execute any code compliance795 bond or similar bond for the purpose of ensuring that all construction, installation, or796 H. B. 187 - 31 - 25 LC 55 0382 modifications are made or completed in compliance with the county or municipal 797 ordinances or building and construction codes.798 (2) In order to protect the public from damages arising from any work by a licensed799 conditioned air contractor or licensed plumber, which work fails to comply with the800 ordinances or building and construction codes adopted by any county or municipal801 corporation, any such licensed conditioned air contractor or licensed plumber may802 execute and deposit with the judge of the probate court in the county of his or her803 principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash804 bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds805 in the State of Georgia and shall be approved by the judge of the probate court. Such806 bond shall be conditioned upon all work done or supervised by such licensee complying807 with the provisions of any ordinances or building and construction codes of any county808 or municipal corporation wherein the work is performed. Action on such bond may be809 brought against the principal and surety thereon in the name of and for the benefit of any810 person who suffers damages as a consequence of said licensee's work not conforming to811 the requirements of any ordinances or building and construction codes; provided,812 however, that the aggregate liability of the surety to all persons so damaged shall in no813 event exceed the sum of such bond.814 (3) In any case where a bond is required under this subsection, the conditioned air815 contractor or plumber shall file a copy of the bond with the building official in the816 political subdivision wherein the work is being performed.817 (4) The provisions of this subsection shall not apply to or affect any bonding818 requirements involving contracts for public works as provided in Chapter 10 of Title 13.819 (c) No provision of this chapter shall be construed as prohibiting or preventing a820 municipality or county from fixing, charging, assessing, or collecting any license fee,821 registration fee, tax, or gross receipt tax on any related business or on anyone engaged in822 any related business governed by this chapter.823 H. B. 187 - 32 - 25 LC 55 0382 43-14-12.1 43-14-17.824 (a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section825 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed826 person engaged illegally in the process of work or to show work in progress or work827 completed in order to prove the unlawful practice of conditioned air contracting, plumbing828 contracting, or electrical contracting by an unlicensed person.829 (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed830 as a conditioned air contractor, plumbing contractor, or electrical contractor advertises that831 such person is in the business or profession of a conditioned air contractor, plumbing832 contractor, or electrical contractor or advertises in a manner such that the general public833 would believe that such person is a licensed conditioned air contractor or in the business834 or profession of a conditioned air contractor, is a licensed plumbing contractor in the835 business or profession of a plumbing contractor, or is a licensed electrical contractor in the836 business or profession of an electrical contractor. Advertising under this subsection837 includes, but is not limited to, newspaper, internet, social media and digital applications,838 television, radio, telephone directory listings, mailings, business cards, or sign at signage839 at a place of business or attached to a vehicle.840 (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,841 the board may issue a cease and desist order prohibiting any person from violating the842 provisions of this chapter by engaging in the business or profession of a conditioned air843 contractor, plumbing contractor, or electrical contractor without a license as required under844 this chapter.845 (d) The violation of any cease and desist order of the board issued under subsection (c) of846 this Code section shall subject the person violating the order to further proceedings before847 the board, and the board shall be authorized to impose a fine not to exceed $500.00848 $1,500.00 for each violation thereof. Each day that a person practices in violation of this849 Code section and chapter shall constitute a separate violation.850 H. B. 187 - 33 - 25 LC 55 0382 (e) Nothing in this Code section shall be construed to prohibit the board from seeking 851 remedies otherwise available by statute without first seeking a cease and desist order in852 accordance with the provisions of this Code section.853 43-14-12.2 43-14-18.854 (a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4 43-14-10,855 43-14-11, or 43-14-12, it shall not be necessary for an investigator to observe or witness856 the unlicensed person engaged illegally in the process of work or to show work in progress857 or work completed in order to prove the unlawful practice of utility contracting by an858 unlicensed person.859 (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed860 as a utility contractor advertises that such person is in the business or profession of a utility861 contractor or advertises in a manner such that the general public would believe that such862 person is a licensed utility contractor or in the business or profession of a utility contractor. 863 Advertising under this subsection includes, but is not limited to, newspaper, television, or864 radio advertisements, telephone directory listings, mailings, business cards, or a sign or865 signs at a place of business or attached to a vehicle.866 (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,867 the board may issue a cease and desist order prohibiting any person from violating the868 provisions of this chapter by engaging in the business or profession of a utility contractor869 without a license as required under this chapter or by constructing, erecting, altering, or870 repairing a utility system without a properly certified utility manager or properly certified871 utility foreman present at such job site.872 (d) The violation of any cease and desist order of the board issued under subsection (c) of873 this Code section shall subject the person violating the order to further proceedings before874 the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for875 each violation thereof. Each day that a person practices in violation of this Code section876 H. B. 187 - 34 - 25 LC 55 0382 and chapter or constructs, erects, alters, or repairs a utility system without a properly 877 certified utility manager or properly certified utility foreman present at such job site shall878 constitute a separate violation.879 (e) Nothing in this Code section shall be construed to prohibit the board from seeking880 remedies otherwise available by statute without first seeking a cease and desist order in881 accordance with the provisions of this Code section.882 43-14-13 43-14-19.883 (a) This chapter shall apply to all installations, alterations, and repairs of plumbing,884 air-conditioning and heating, or electrical or low-voltage low voltage wiring or utility885 systems within or on public or private buildings, structures, or premises except as otherwise886 provided in this Code section.887 (b) Any person who that holds a license issued under this chapter may engage in the888 business of plumbing contracting, electrical contracting, conditioned air contracting,889 low-voltage low voltage contracting, or utility contracting but only as prescribed by the890 license, throughout the state; and except as provided in Code Section 43-14-12 43-14-16,891 no municipality or county may require such person to comply with any additional licensing892 requirements imposed by such municipality or county.893 (c) This chapter shall not apply to:894 (1) The the installation, alteration, or repair of plumbing, air-conditioning and heating,895 utility systems, or electrical services, except low-voltage low voltage wiring services, up896 to and including the meters where such work is performed by and is an integral part of897 the system owned or operated by a public service corporation, an electrical, water, or gas898 department of any municipality in this state, a railroad company, a pipeline company, or899 a mining company in the exercise of its normal function as such.;900 H. B. 187 - 35 - 25 LC 55 0382 (2) Low voltage wiring performed by public utilities, except that the portion of the901 business of public utilities which involves the installation, alteration, repair, or service902 of telecommunication systems for profit shall be covered under this chapter;903 (3) The installation, construction, or maintenance of power systems or904 telecommunication systems for the generation or distribution of electric current905 constructed under the National Electrical Safety Code, which regulates the safety906 requirements of utilities; but the interior wiring regulated by the National Electrical907 Safety Code shall not be exempt and must be done by an electrical contractor, except as908 otherwise provided by law;909 (4) Any technician employed by a municipal or county franchised community antenna910 television (CATV) system or a municipally owned CATV system in the performance of911 work on the system;912 (5) Regular full-time employees of an institution, manufacturer, or business who perform913 plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting914 when working on the premises of their employer;915 (6) A contractor certified by the Department of Public Health to make the connection to916 any on-site waste-water management system from the stub out exiting the structure to an917 on-site waste-water management system;918 (7) Any employee or authorized agent of a regulated gas utility or municipally owned919 gas utility while in the course and scope of such employment; or920 (8) Persons licensed as manufactured or mobile home installers by the state fire marshal921 when:922 (A) Coupling the electrical connection from the service entrance panel outside the923 manufactured housing to the distribution panel board inside the manufactured housing;924 (B) Connecting the exterior sewer outlets to the aboveground sewer system; or925 (C) Connecting the exterior water line to the aboveground water system.926 (d) This chapter shall not prohibit:927 H. B. 187 - 36 - 25 LC 55 0382 (1) An an individual from installing, altering, or repairing plumbing fixtures,928 air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or929 electrical or low-voltage low voltage wiring services in a residential dwelling owned or930 occupied by such individual; provided, however, that all such work must be done in931 conformity with all other provisions of this chapter, the rules and regulations of the board,932 and any applicable county or municipal resolutions, ordinances, codes, or inspection933 requirements.;934 (e)(2) An This chapter shall not prohibit an individual employed on the maintenance staff935 of a facility owned by the state or by a county, municipality, or other political subdivision936 from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and937 heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services938 when such work is an integral part of the maintenance requirements of the facility;939 provided, however, that all such work must be done in conformity with all other940 provisions of this chapter and the orders, rules, and regulations of the board.;941 (f)(3) Any This chapter shall not prohibit any person from installing, altering, or942 repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility943 systems, or electrical or low-voltage low voltage wiring services in a farm or ranch944 service building or as an integral part of any irrigation system on a farm or ranch when945 such system is not located within 30 feet of any dwelling or any building devoted to946 animal husbandry. Nothing in this subsection shall be construed to limit the application947 of any resolution, ordinance, code, or inspection requirements of a county or municipality948 relating to such connections.;949 (4) Any person from installing, altering, or repairing the plumbing component of a lawn950 sprinkler system from a backflow preventer which was installed by a licensed plumber;951 provided, however, that all such work must be done in conformity with all other952 provisions of this chapter, the rules and regulations of the board, and ordinances of the953 county or municipality; or954 H. B. 187 - 37 - 25 LC 55 0382 (5) Any propane dealer that is properly insured as required by law and that holds a955 liquefied petroleum gas license issued by the Safety Fire Commissioner from installing,956 repairing, or servicing a propane system or the gas piping or components of such system;957 provided, however, that such propane dealers shall be prohibited from performing the958 installation of conditioned air systems or forced air heating systems unless licensed to do959 so under this chapter.960 (g) This chapter shall not apply to low-voltage wiring performed by public utilities, except961 that such portion of the business of those public utilities which involves the installation,962 alteration, repair, or service of telecommunication systems for profit shall be covered under963 this chapter.964 (h) This chapter shall not apply to the installation, construction, or maintenance of power965 systems or telecommunication systems for the generation or distribution of electric current966 constructed under the National Electrical Safety Code, which regulates the safety967 requirements of utilities; but the interior wiring regulated by the National Electrical Safety968 Code would not be exempt and must be done by an electrical contractor except as969 otherwise provided by law.970 (i) This chapter shall not apply to any technician employed by a municipal or971 county-franchised community antenna television (CATV) system or a municipally owned972 community antenna television system in the performance of work on the system.973 (j) This chapter shall not apply to regular full-time employees of an institution,974 manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility975 contracting, or conditioned air contracting when working on the premises of that employer.976 (k) This chapter shall not apply to persons licensed as manufactured or mobile home977 installers by the state fire marshal when:978 (1) Coupling the electrical connection from the service entrance panel outside the979 manufactured housing to the distribution panel board inside the manufactured housing;980 (2) Connecting the exterior sewer outlets to the above-ground sewer system; or981 H. B. 187 - 38 - 25 LC 55 0382 (3) Connecting the exterior water line to the above-ground water system.982 (l)(e) Any person qualified by the Department of Transportation to perform work for the983 department shall not be required to be licensed under:984 (1) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.3985 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for the department. Any986 person qualified by the Department of Transportation to perform work for the department987 shall not be required to be licensed under; or988 (2) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.3989 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for a county, municipality,990 authority, or other political subdivision when such work is of the same nature as that for991 which the person is qualified when performing department work; provided, however, that992 such work is not performed on a utility system as defined in paragraph (17) (23) of Code993 Section 43-14-2 for which the person receives compensation.994 (m) This chapter shall not prohibit any person from installing, altering, or repairing the995 plumbing component of a lawn sprinkler system from a backflow preventer which was996 installed by a licensed plumber; provided, however, that all such work must be done in997 conformity with all other provisions of this chapter, the rules and regulations of the board,998 and ordinances of the county or municipality.999 (n)(f) Any person who contracts with a licensed conditioned air contractor:1000 (1) As as part of a conditioned air contract to install, alter, or repair duct systems, control1001 systems, or insulation is not required to hold a license from the Division of Conditioned1002 Air Contractors. The conditioned air contractor must retain responsibility for completion1003 of the contract, including any subcontracted work.;1004 (2) To Any person who contracts with a licensed conditioned air contractor to perform1005 a complete installation, alteration, or repair of a conditioned air system must hold a valid1006 license from the Division of Conditioned Air Contractors.; or1007 H. B. 187 - 39 - 25 LC 55 0382 (3) To Any person who contracts to perform for or on behalf of a conditioned air1008 contractor to install, alter, or repair electrical, low-voltage the installation, alteration, or1009 repair of the electrical, low voltage, or plumbing components of a conditioned air system1010 must hold a valid license from the appropriate division of the board.1011 (o) This chapter shall not prohibit any propane dealer who is properly insured as required1012 by law and who holds a liquefied petroleum gas license issued by the Safety Fire1013 Commissioner from installing, repairing, or servicing a propane system or the gas piping1014 or components of such system; provided, however, that such propane dealers shall be1015 prohibited from performing the installation of conditioned air systems or forced air heating1016 systems unless licensed to do so under this chapter.1017 (p) This chapter shall not apply to any employee or authorized agent of a regulated gas1018 utility or municipal owned gas utility while in the course and scope of such employment.1019 (q)(g) Any utility contractor holding a valid utility contractor's license under this chapter1020 shall be authorized to bid for and perform work on any utility system in this state without1021 obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a1022 utility system or anyone soliciting work to be performed on a utility system to refuse to1023 allow a utility contractor holding a valid utility contractor's license under this chapter to bid1024 for or perform work on a utility system on the basis that such contractor does not hold a1025 license under Chapter 41 of this title.1026 43-14-14 43-14-20.1027 Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction1028 thereof, shall be fined not more than $1,000.00 $3,000.00 or imprisoned for not more than1029 six months, or both.1030 43-14-15 43-14-21.1031 (a) As used in this Code section, the term:1032 H. B. 187 - 40 - 25 LC 55 0382 (1) 'Discharge' means an honorable discharge or a general discharge from active military 1033 service. Such term shall not mean a discharge under other than honorable conditions, a1034 bad conduct discharge, or a dishonorable discharge.1035 (2) 'Military' means the armed forces of the United States or a reserve component of the1036 armed forces of the United States, including the National Guard.1037 (b) A committee composed of the division director, members of the Governor's Office of1038 Workforce Development, and members of the relevant divisions of the licensing board1039 representing the profession for which the applicant is seeking a license shall determine the1040 military specialties or certifications the training or experience for which substantially meets1041 or exceeds the requirements to obtain a license for Electrical Contractor Class I,1042 Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The1043 Governor shall designate a chairperson from among the members of the committee.1044 (c) Any current or former member of the military may apply to the licensing board for the1045 immediate expedited issuance of a license or certification based upon his or her having1046 obtained a military specialty or certification, the training or experience for which1047 substantially meets or exceeds the requirements to obtain a license or certification1048 identified in subsection (b) of this Code section.1049 (d) In order to qualify under this subsection, an applicant shall make application not later1050 than two years after his or her discharge.-The licensing board, in its discretion, may by rule1051 or regulation extend such two-year period for a license or certification, or class thereof, or1052 may extend such two-year period for an individual applicant if certain circumstances,1053 including, but not limited to, health, hospitalization, or other related emergencies or1054 exigencies, prevented the member of the military from making an application.1055 (e)-Such application shall be in such form and shall require such documentation as the1056 division director shall determine.-If the applicant satisfies the requirements of this Code1057 section, the division director shall direct the appropriate division to issue the appropriate1058 license, and the division shall immediately issue such license; provided, however, that the1059 H. B. 187 - 41 - 25 LC 55 0382 applicant shall satisfy all financial and insurance requirements for the issuance of such 1060 license. This Code section shall only apply to the initial issuance of a license. After the1061 initial issuance of a license, the licensee shall be subject to any provisions relating to the1062 renewal of the license applicable to all licensees.1063 43-14-22. 1064 The board may establish a process through rules and regulations for licenses issued under1065 this chapter to be placed on inactive status and the qualifications necessary for such1066 licenses to be returned to active status; provided, however, that engaging in any conduct1067 that requires a license under this chapter while holding an inactive license shall be1068 considered an unlicensed practice and shall be prohibited."1069 PART II1070 SECTION 2-1.1071 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is1072 amended in:1073 (1) Code Section 8-2-26, relating to enforcement of codes generally, employment and1074 training of inspectors, and contracts for administration and enforcement of codes, in1075 subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section1076 43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16".1077 (2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing1078 "43-14-8.1" with "43-14-9".1079 SECTION 2-2.1080 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is1081 amended in:1082 H. B. 187 - 42 - 25 LC 55 0382 (1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive 1083 telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low1084 voltage".1085 (2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and1086 activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage".1087 (3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions1088 of the Code, in subsection (c), by replacing "low-voltage" with "low voltage".1089 (4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not1090 exclusive and construction with other provisions of the Code, in subsection (b), by1091 replacing "low-voltage" with "low voltage".1092 SECTION 2-3.1093 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended1094 in Code Section 36-60-12.1, relating to fence detection systems, definition, and utilization,1095 by revising paragraph (b)(1) as follows:1096 "(1) Treat fence detection systems in all zoning and permitting matters exclusively as1097 alarm systems as such term is defined in paragraph (.1) of Code Section 43-14-2; and"1098 SECTION 2-4.1099 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1100 is amended in:1101 (1) Code Section 43-41-2, relating to definitions relative to residential and commercial1102 general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage".1103 (2) Code Section 43-41-17, relating to effective date of licensing and sanctioning1104 provisions, unenforceable contracts, compliance with county or municipal requirements,1105 exemption for DOT contractors, and other exceptions, in subsection (e), by replacing1106 "low-voltage" with "low voltage".1107 H. B. 187 - 43 - 25 LC 55 0382 SECTION 2-5. 1108 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public1109 transportation, is amended in:1110 (1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High1111 Voltage".1112 (2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with1113 "high voltage".1114 (3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing1115 "High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing1116 "high-voltage" with "high voltage".1117 (4) Code Section 46-3-33, relating to required conditions for commencing work within ten1118 feet of high-voltage line, in the introductory language and in paragraph (2), by replacing1119 "high-voltage" with "high voltage".1120 (5) Code Section 46-3-34, relating to utilities protection center, funding of activities,1121 notice of work, delay, and responsibility for completing safety requirements, by replacing1122 "high-voltage" with "high voltage" each time the term appears.1123 (6) Code Section 46-3-35, relating to allocation of expense of precautionary measures1124 taken pursuant to public highway construction, by replacing "high-voltage" with "high1125 voltage".1126 (7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical1127 engineering system or other entities, in subsection (b), by replacing "high-voltage" with1128 "high voltage" both times the term appears.1129 (8) Code Section 46-3-39, relating to restriction on liability of owners and operators of1130 high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage"1131 with "high voltage" each time the term appears.1132 H. B. 187 - 44 - 25 LC 55 0382 (9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage, 1133 indemnification, and liability for cost of delay, by replacing "high-voltage" with "high1134 voltage" each time the term appears.1135 PART III1136 SECTION 3-1.1137 This Act shall become effective upon its approval by the Governor or upon its becoming law1138 without such approval.1139 SECTION 3-2.1140 All laws and parts of laws in conflict with this Act are repealed.1141 H. B. 187 - 45 -