25 LC 55 0466S
House Bill 187 (COMMITTEE SUBSTITUTE)
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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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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
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(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 multifamily dwellings designed for not more than277
two families three stories and commercial structures not to exceed 10,000 20,000278
square feet in area. Master Plumber Class II licenses shall be unrestricted. Only a279
journeyman plumber, a Master Plumber Class I, or a Master Plumber Class II shall be280
authorized to install, maintain, alter, or repair medical 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
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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
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(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
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(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
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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
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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
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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 (SUB)
- 18 - 25 LC 55 0466S
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 (SUB)
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(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:487
(A) An employee of a low voltage contractor who receives only a salary or hourly488
wage for performing low voltage contracting work may but shall not be required to be489
licensed under this chapter to perform such low voltage contracting work, except that490
those employees upon whom the qualification of a partnership, limited liability491
company, or corporation rests as provided for in Code Section 43-14-9 shall be required492
to be licensed; and493
(B) Tier 2 local exchange companies, as such term is set forth in subparagraph (B) of494
paragraph (10) of Code Section 46-5-162, as well as any affiliates or subsidiaries of495
such companies, may but shall not be required to be licensed under this chapter to496
engage in low voltage contracting.497
(2) Except as provided in paragraph (1) of this subsection, a person that is not licensed498
as a low voltage contractor shall be prohibited from advertising in any manner that such499
person is in the business or profession of a low voltage contractor unless the work is500
performed by a licensed low voltage contractor.501
(d)(e) Notwithstanding any other provision of this chapter, prior to and including502
September 30, 1983, the following persons, desiring to qualify under the provisions stated503
in this subsection, shall be issued a state-wide license without restriction by the appropriate504
division of the State Construction Industry Licensing Board, provided that such individual505
submits proper application and pays or has paid the required fees and is not otherwise in506
violation of this chapter:507
(1) Any individual holding a license issued by the State Construction Industry Licensing508
Board, prior to the effective date of this chapter;509
(2) Any individual holding a license issued by the State Board of Electrical Contractors,510
the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air511
Heating Contractors;512
H. B. 187 (SUB)
- 20 - 25 LC 55 0466S
(3) Any individual holding a license to engage in such vocation issued to him or her by
513
any governing authority of any political subdivision; and514
(4) Any individual who has successfully and efficiently engaged in such vocation in a515
local jurisdiction, which did not issue local licenses, for a period of at least two516
consecutive years immediately prior to the time of application. To prove that he or she517
has successfully engaged in said vocation, the individual shall only be required to give518
evidence of three successful jobs completed over such period. Such applicant shall swear519
before a notary public that such evidence is true and accurate prior to its submission to520
the division.521
(e)
(f) The decision of the division as to the necessity of taking the examination or as to the522
qualifications of applicants taking the required examination shall, in the absence of fraud,523
be conclusive. All individuals, partnerships, limited liability companies, or corporations524
desiring to engage in such vocation after September 30, 1983, a business licensed under525
this chapter shall take the examination and qualify under this chapter before engaging in526
such vocation or business, including such vocation at the local level.527
(f)(g) No partnership, limited liability company, or corporation shall have the right to528
engage in the business of electrical contracting unless there is regularly connected with529
such partnership, limited liability company, or corporation a person or persons actually530
actively engaged in the performance of such business on a full-time basis who have valid531
licenses issued to them as provided for in this chapter; provided, however, that partners,532
officers, and employees of any individual who fulfilled the licensing requirements shall533
continue to be authorized to engage in the business of electrical contracting under a license534
which was valid at the time of the licensee's death for a period of 90 days from the date of535
such death. The division may, at its discretion, upon application by the electrical contractor536
showing good cause, grant one additional 90 day grace period.537
(g)(h) No partnership, limited liability company, or corporation shall have the right to538
engage in the business of plumbing unless there is regularly connected with such539
H. B. 187 (SUB)
- 21 - 25 LC 55 0466S
partnership, limited liability company, or corporation a person or persons actually actively540
engaged in the performance of such business on a full-time basis who have valid licenses541
for master plumbers issued to them as provided in this chapter; provided, however, that542
partners, officers, and employees of any individual who fulfilled the licensing requirements543
shall continue to be authorized to engage in the business of plumbing contracting under a544
license which was valid at the time of the licensee's death for a period of 90 days from the545
date of such death. The division may, at its discretion, upon application by the plumbing546
contractor showing good cause, grant one additional 90 day grace period.547
(h)(i) No partnership, limited liability company, or corporation shall have the right to548
engage in the business of conditioned air contracting unless there is regularly connected549
with such partnership, limited liability company, or corporation a person or persons550
actually actively engaged in the performance of such business on a full-time basis who551
have valid licenses issued to them as provided for in this chapter; provided, however, that552
partners, officers, and employees of the individual who fulfilled the licensing requirements553
shall continue to be authorized to engage in the business of conditioned air contracting554
under a license which was valid at the time of the licensee's death for a period of 90 days555
following from the date of such death. The division may, at its discretion, upon application556
by the conditioned air contractor showing good cause, grant one additional 90 day grace557
period.558
(j) Partnerships, limited liability companies, or corporations having more than one office559
location from which conditioned air contracting is performed shall have at least one person560
stationed in each branch office of such partnership, limited liability company, or561
corporation who is engaged in the performance of conditioned air contracting on a full-time562
basis; who is supervising the installation, repair, alteration, and service work of563
air-conditioning and heating systems of all employees of such branch office locations; and564
who has a valid license issued as provided in this Code section.565
H. B. 187 (SUB)
- 22 - 25 LC 55 0466S
(i)(k) It shall be the duty of all partnerships, limited liability companies, and corporations566
qualified under this chapter to notify the appropriate division immediately within seven567
days of the severance of connection with such partnership, limited liability company, or568
corporation of any person or persons upon whom such qualification rested.569
(j)(l) Applicants All applicants for examinations and licenses provided for by this chapter570
and all any applicants for renewal of licenses under this chapter shall be required to fill out571
a form which shall be provided by each division, showing whether or not complete a572
division approved form on which the applicant will:573
(1) Indicate if the applicant is an individual, partnership, limited liability company, or574
corporation; and, if575
(2) If the applicant is a partnership, limited liability company, or corporation, provide the576
names and addresses of the partners or members or the names and addresses of the577
officers, when and where formed or incorporated, and such other information as the board578
or each division may require.; and579
(3) If the renewal is for All forms of applications for renewal of licenses shall also show580
whether or not the applicant, if it is a partnership, limited liability company, or581
corporation, still has connected with it indicate whether a duly qualified person holding582
a license issued by the division is still connected with such entity.583
(k) The board shall notify each local governing authority of the provisions of this chapter584
relating to licensure, especially the provisions of subsection (d) of this Code section. The585
board shall notify such governing authorities that after September 30, 1983, any person586
desiring a license to engage in a profession covered by this chapter shall be required to pass587
an examination as provided in this chapter.588
(l)(m) Applicants who have a failing examination score on two consecutive testing589
attempts within the approved testing time frame Any applicant for licensure standing the590
examination on and after July 1, 1989, who fails the examination for licensure twice after591
such date shall be required to present satisfactory evidence to the appropriate division that592
H. B. 187 (SUB)
- 23 - 25 LC 55 0466S
the applicant has completed a board approved review course before such applicant will be
593
admitted to a third examination
approved to take the examination again. If such applicant594
fails the examination a third time, the applicant shall not be required to complete additional595
board approved review courses prior to taking subsequent examinations.596
43-14-8.1 43-14-9.597
(a) For purposes of this Code section only, 'division' means the 'Division of Low-voltage598
Low Voltage Contractors.'599
(b) No person shall engage in alarm system, general system, or telecommunication system600
low-voltage low voltage contracting unless such person has a valid license therefor from601
the Division of Low-voltage Low Voltage Contracting.602
(c)(1) Prior to January 1, 1985, any Any person desiring to qualify under the provisions603
of this subsection who meets the requirements of this subsection, submits proper604
application prior to and including December 31, 1984, and pays or has paid the required605
fees and is not otherwise in violation of this chapter shall be issued a state-wide606
Low-voltage Low Voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license607
without examination.608
(2) An individual desiring to obtain Low-voltage Low Voltage Contractor Class LV-T609
shall submit to the division an affidavit which outlines the experience of said individual610
in the practice of low-voltage low voltage wiring relating to telecommunication systems.611
(3) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-A612
license shall submit to the division an affidavit which outlines the experience of said613
individual in the practice of low-voltage low voltage wiring relating to alarm systems.614
(4) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-G615
license shall submit to the division an affidavit which outlines the experience of said616
individual in the practice of low-voltage low voltage wiring relating to general systems. 617
Each such affidavit for licensure shall describe in detail the installation of at least three618
H. B. 187 (SUB)
- 24 - 25 LC 55 0466S
complete low-voltage wiring jobs which shall demonstrate that the individual has619
successfully performed low-voltage wiring in the area of licensure requested for a period620
of at least one year immediately prior to the time of application.621
(5) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-U622
license shall submit to the division an affidavit which outlines the experience of said623
individual in the practice of low-voltage low voltage wiring relating to alarm and624
telecommunication systems and which describes in detail the installation of at least six625
complete low-voltage low voltage wiring jobs, three in alarm and three in626
telecommunication systems, which shall demonstrate that the individual has successfully627
performed low-voltage low voltage wiring in those areas for a period of at least one year628
immediately prior to the time of application.629
(6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection630
shall describe in detail the installation of at least three complete low voltage wiring jobs631
which shall demonstrate that the individual has successfully performed low voltage632
wiring in the area of licensure requested for a period of at least one year prior to the time633
of application.634
(d) The decision of the division as to the necessity of taking the examination or as to the635
qualifications of applicants taking the required examination shall, in the absence of fraud,636
be conclusive. All individuals, individuals serving as partners in partnerships, applicants637
for limited liability companies, or applicants for corporations desiring to engage in the638
vocation of low-voltage low voltage contracting after December 31, 1984, shall take the639
examination and qualify under this Code section before engaging in such vocation.640
(e) No partnership, limited liability company, or corporation shall have the right to engage641
in the business of low-voltage low voltage contracting unless there is regularly connected642
with such partnership, limited liability company, or corporation a person or persons,643
actually actively engaged in the performance of such business on a full-time basis and644
supervising the low-voltage low voltage systems installation, repair, alteration, and service645
H. B. 187 (SUB)
- 25 - 25 LC 55 0466S
work of all employees of such partnership, limited liability company, or corporation, who
646
have valid licenses issued to them as provided in this chapter; provided, however, that
647
partners, officers, and employees of any individual who fulfilled the licensing requirements648
shall continue to be authorized to engage in the business of low voltage contracting under649
a license which was valid at the time of the licensee's death for a period of 90 days from650
the date of such death. The division may, at its discretion, upon application by the low651
voltage contractor showing good cause, grant one additional 90 day grace period.652
(f) Partnerships, limited liability companies, or corporations having In cases where a653
partnership, limited liability company, or corporation has more than one office location654
from which low-voltage low voltage contracting is performed, shall have at least one655
person stationed in each branch office of such partnership, limited liability company, or656
corporation, who is engaged in the performance of low-voltage low voltage contracting on657
a full-time basis and; who is supervising the low-voltage low voltage wiring systems658
installation, repair, alteration, and service work of all employees of such branch office659
locations, shall have; and who has a valid license issued as provided in this Code section.660
(f) It shall be the duty of all partnerships, limited liability companies, and corporations661
qualified under this Code section to notify the division, in accordance with board rules, of662
severance of connection with such partnership, limited liability company, or corporation663
of any person or persons upon whom the qualification of any such partnership, limited664
liability company, or corporation rested.665
(g) All applicants for examinations and licenses provided for by this Code section and all666
applicants for renewal of licenses under this Code section shall be required to fill out a667
form which shall be provided by the division, which form shall show whether or not the668
applicant is an individual, partnership, limited liability company, or corporation and, if a669
partnership, limited liability company, or corporation, the names and addresses of the670
partners or members or the names and addresses of the officers, when and where formed671
or incorporated, and such other information as the division in its discretion may require. 672
H. B. 187 (SUB)
- 26 - 25 LC 55 0466S
All forms of application for renewal of licenses shall also show whether or not the673
applicant, if it is a partnership, limited liability company, or corporation, still has connected674
with it a duly qualified person holding a license issued by the division.675
(h) The division shall notify each local governing authority of the provisions of this676
chapter relating to licensure, especially the provisions of subsection (b) of this Code677
section. The division shall notify such governing authorities that after December 31, 1984,678
any person desiring a license to engage in the vocation of low-voltage contracting shall be679
required to pass an examination as provided in this chapter.680
43-14-8.2 43-14-10.681
(a) For purposes of this Code section only, 'division' means the 'Division of Utility682
Contractors.'683
(b)(1) After June 30, 1994, no No sole proprietorship, partnership, or corporation shall684
have the right to engage in the business of utility contracting unless:685
(A) Such such business holds a utility contractor license; and686
(B) There there is regularly connected with such business a person or persons who687
holds a valid utility manager certificate issued under this chapter, and such. Such utility688
manager must be actually actively engaged in the performance of such business on a689
full-time basis and must oversee the utility contracting work of all employees of the690
business.691
(2) If In cases where a sole proprietorship, partnership, or corporation has more than one692
permanent office, then each permanent office shall be registered with the division and at693
least one person who holds a valid utility manager certificate issued under this chapter694
shall be stationed in each office on a full-time basis and shall oversee the utility695
contracting work of all employees of that office.696
(2)(3) The requirements of this Code section shall not prevent any person holding a valid697
license issued by the State Construction Industry Licensing Board, or any division698
H. B. 187 (SUB)
- 27 - 25 LC 55 0466S
thereof, pursuant to this chapter, from performing any work defined in the Code section
699
or sections under which the license held by said person was issued.700
(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued701
a utility contractor license under the provisions of this subsection shall:702
(1) Submit a completed application to the division on the form provided indicating:703
(A) The names and addresses of proprietor, partners, or officers of such applicant;704
(B) The place and date such partnership was formed or such corporation was705
incorporated; and706
(C) The name of the qualifying utility manager holding a current certificate who is707
employed for each permanent office location of the business from which utility708
contracting is performed;709
(2) Submit its safety policy which must meet the minimum standards established by the710
board;711
(3) Pay or have paid the required fees; and712
(4) Not be otherwise in violation of this chapter.713
(d) The decision of the division as to the qualifications of applicants shall, in the absence714
of fraud, be conclusive.715
(e) It shall be the duty of the utility manager certificate holders and the licensed utility716
contractor to notify the division, in accordance with board rules, of the
severance of717
connection between such utility contractor and the utility manager certificate holder or718
holders upon whom the qualification of the utility contractor rested.719
(f) In the event that a licensed utility contractor temporarily does not have employed a720
utility manager certificate holder to oversee its utility contracting work, upon notice by721
such utility contractor to the division within five seven days following the last day of722
employment of the utility manager certificate holder, the division shall grant the utility723
contractor a 90 day grace period in which to employ a utility manager certificate holder to724
oversee its utility contracting work before any action may be taken by the division to725
H. B. 187 (SUB)
- 28 - 25 LC 55 0466S
revoke the utility contractor's license. The division may, at its discretion, upon application
726
by the utility contractor showing good cause,
grant one additional 90 day grace period. 727
Grace periods totaling not more than 180 days may be granted during any two-year period. 728
Failure to have employed a utility manager certificate holder to oversee the utility729
contracting work of the utility contractor shall be grounds for the revocation or suspension730
of the utility contractor license after a notice of hearing.731
(g) All applicants for renewal of utility contractor licenses provided for by this Code732
section shall be required to submit with the required fee a completed application on a form733
provided by the division.734
(h) It shall be unlawful for any person to contract with any other person for the735
performance of utility contracting work who is known by such person not to have a current,736
valid license as a utility contractor pursuant to this chapter.737
43-14-8.3 43-14-11.738
(a) After June 30, 1994, no No person may be employed as a utility manager unless that739
person holds a current utility manager certificate issued by the Division of Utility740
Contractors.741
(b) The division shall certify all applicants for certification under this chapter who satisfy742
the requirements of this chapter and the rules and regulations promulgated under this743
chapter. Persons wishing to qualify for utility manager certification shall submit a744
completed application form documenting required experience and other qualifications as745
prescribed by the board with the required fees, and shall pass an examination, and. In order746
to obtain a utility manager certificate, an applicant must submit proof of completion of a747
board approved safety training course of safety training in utility contracting approved by748
the division. In order to continue to hold such certificate, the certificate holder must749
present proof to the division of completion of a safety training course approved by the750
H. B. 187 (SUB)
- 29 - 25 LC 55 0466S
division at least every two years from the date of the completion of the initial safety
751
training course.752
(c) An applicant may request an oral administration of the examination.753
43-14-8.4
43-14-12.754
(a) After June 30, 1994, no No person may be employed as a utility foreman unless that755
person holds a current utility foreman certificate issued by the Division of Utility756
Contractors.757
(b) The division shall certify all applicants for certification under this chapter who satisfy758
the requirements of this chapter and the rules and regulations promulgated under this759
chapter. One requirement for such certification shall be the successful completion of a760
board approved safety training course of safety training in utility contracting approved by761
the division. In order to continue to hold such certificate, the certificate holder must submit762
proof to the division of completion of a safety training course approved by the division at763
least every two years from the date of the completion of the initial safety training course. 764
In lieu of safety training any person desiring to be issued a utility foreman certificate may765
submit a completed application on or before December 31, 1994, which documents to the766
satisfaction of the division at least two years of experience as a utility foreman during the767
period between January 1, 1984, and June 30, 1994. Any person who does not submit a768
completed application for certification on or before December 31, 1994, must complete the769
required safety training in order to be certified.770
(c) After June 30, 1994, no No utility system shall be constructed, erected, altered, or771
repaired unless a certified utility manager or certified utility foreman who holds a current772
certification is present at the job site of such construction, erection, alteration, or repair of773
the utility system.774
H. B. 187 (SUB)
- 30 - 25 LC 55 0466S
43-14-9 43-14-13.775
(a) Every person holding a license issued by a division of the board shall display it in a776
conspicuous manner at his or her place of business.777
(b) All commercial vehicles used by licensees and certificate holders exclusively in the778
daily operation of their business shall have prominently displayed thereon the company or779
business registration or certificate number issued by the Secretary of State's office. Such780
registration number or certificate number, or website address where such number can be781
found, shall also be prominently displayed on any advertising in telephone yellow pages782
and newspapers relating to work which a licensee or certificate holder purports to have the783
capacity to perform. Said registration or certificate number shall also be printed on all784
invoices and proposal forms.785
43-14-10 43-14-14.786
This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia787
Administrative Procedure Act.'788
43-14-11 43-14-15.789
Whenever it shall appear to a division of the board or to the executive director or to a790
county or municipal inspection authority that any person is or has been violating this791
chapter or any of the lawful rules, regulations, or orders of the board, the division of the792
board, the local inspection authority, or the appropriate prosecuting attorney may file a793
petition for an injunction in the proper superior court of this state against such person for794
the purpose of enjoining any such violation. It shall not be necessary to allege or prove that795
there is no adequate remedy at law. The right of injunction provided for in this Code796
section shall be in addition to any other legal remedy which the board has and shall be in797
addition to any right of criminal prosecution provided for by law.798
H. B. 187 (SUB)
- 31 - 25 LC 55 0466S
43-14-12 43-14-16.799
(a) Any municipal or county inspection authority which meets the standards established800
by the board shall be authorized, after notice and hearing, to suspend the license or801
certificate of competency of, or refuse to restore a license or certificate of competency to,802
any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code803
Section 43-14-6; provided, however, that such suspension of a license by a local inspection804
authority shall be applicable only within the jurisdiction of such local authority. Any805
person aggrieved by an action of a local authority shall be entitled to an appeal to the806
appropriate division of the board and shall be entitled to a hearing.807
(b)(1) This chapter shall not be construed to prohibit the governing authority of any808
county or municipality in the state from adopting and enforcing codes at the local level;809
provided, however, that no county or municipality may require any licensed conditioned810
air contractor or licensed plumber who has executed and deposited a bond as authorized811
in paragraph (2) of this subsection to give or furnish or execute any code compliance812
bond or similar bond for the purpose of ensuring that all construction, installation, or813
modifications are made or completed in compliance with the county or municipal814
ordinances or building and construction codes.815
(2) In order to protect the public from damages arising from any work by a licensed816
conditioned air contractor or licensed plumber, which work fails to comply with the817
ordinances or building and construction codes adopted by any county or municipal818
corporation, any such licensed conditioned air contractor or licensed plumber may819
execute and deposit with the judge of the probate court in the county of his or her820
principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash821
bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds822
in the State of Georgia and shall be approved by the judge of the probate court. Such823
bond shall be conditioned upon all work done or supervised by such licensee complying824
with the provisions of any ordinances or building and construction codes of any county825
H. B. 187 (SUB)
- 32 - 25 LC 55 0466S
or municipal corporation wherein the work is performed. Action on such bond may be
826
brought against the principal and surety thereon in the name of and for the benefit of any827
person who suffers damages as a consequence of said licensee's work not conforming to828
the requirements of any ordinances or building and construction codes; provided,829
however, that the aggregate liability of the surety to all persons so damaged shall in no830
event exceed the sum of such bond.831
(3) In any case where a bond is required under this subsection, the conditioned air832
contractor or plumber shall file a copy of the bond with the building official in the833
political subdivision wherein the work is being performed.834
(4) The provisions of this subsection shall not apply to or affect any bonding835
requirements involving contracts for public works as provided in Chapter 10 of Title 13.836
(c) No provision of this chapter shall be construed as prohibiting or preventing a837
municipality or county from fixing, charging, assessing, or collecting any license fee,838
registration fee, tax, or gross receipt tax on any related business or on anyone engaged in839
any related business governed by this chapter.840
43-14-12.1
43-14-17.841
(a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section842
43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed843
person engaged illegally in the process of work or to show work in progress or work844
completed in order to prove the unlawful practice of conditioned air contracting, plumbing845
contracting, or electrical contracting by an unlicensed person.846
(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed847
as a conditioned air contractor, plumbing contractor, or electrical contractor advertises that848
such person is in the business or profession of a conditioned air contractor, plumbing849
contractor, or electrical contractor or advertises in a manner such that the general public850
would believe that such person is a licensed conditioned air contractor or in the business851
H. B. 187 (SUB)
- 33 - 25 LC 55 0466S
or profession of a conditioned air contractor, is a licensed plumbing contractor in the852
business or profession of a plumbing contractor, or is a licensed electrical contractor in the853
business or profession of an electrical contractor. Advertising under this subsection854
includes, but is not limited to, newspaper, internet, social media and digital applications,855
television, radio, telephone directory listings, mailings, business cards, or sign at signage856
at a place of business or attached to a vehicle.857
(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,858
the board may issue a cease and desist order prohibiting any person from violating the859
provisions of this chapter by engaging in the business or profession of a conditioned air860
contractor, plumbing contractor, or electrical contractor without a license as required under861
this chapter.862
(d) The violation of any cease and desist order of the board issued under subsection (c) of863
this Code section shall subject the person violating the order to further proceedings before864
the board, and the board shall be authorized to impose a fine not to exceed $500.00865
$1,500.00 for each violation thereof. Each day that a person practices in violation of this866
Code section and chapter shall constitute a separate violation.867
(e) Nothing in this Code section shall be construed to prohibit the board from seeking868
remedies otherwise available by statute without first seeking a cease and desist order in869
accordance with the provisions of this Code section.870
43-14-12.2 43-14-18.871
(a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4 43-14-10,872
43-14-11, or 43-14-12, it shall not be necessary for an investigator to observe or witness873
the unlicensed person engaged illegally in the process of work or to show work in progress874
or work completed in order to prove the unlawful practice of utility contracting by an875
unlicensed person.876
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(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed
877
as a utility contractor advertises that such person is in the business or profession of a utility878
contractor or advertises in a manner such that the general public would believe that such879
person is a licensed utility contractor or in the business or profession of a utility contractor. 880
Advertising under this subsection includes, but is not limited to, newspaper, television, or881
radio advertisements, telephone directory listings, mailings, business cards, or a sign or882
signs at a place of business or attached to a vehicle.883
(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,884
the board may issue a cease and desist order prohibiting any person from violating the885
provisions of this chapter by engaging in the business or profession of a utility contractor886
without a license as required under this chapter or by constructing, erecting, altering, or887
repairing a utility system without a properly certified utility manager or properly certified888
utility foreman present at such job site.889
(d) The violation of any cease and desist order of the board issued under subsection (c) of890
this Code section shall subject the person violating the order to further proceedings before891
the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for892
each violation thereof. Each day that a person practices in violation of this Code section893
and chapter or constructs, erects, alters, or repairs a utility system without a properly894
certified utility manager or properly certified utility foreman present at such job site shall895
constitute a separate violation.896
(e) Nothing in this Code section shall be construed to prohibit the board from seeking897
remedies otherwise available by statute without first seeking a cease and desist order in898
accordance with the provisions of this Code section.899
43-14-13
43-14-19.900
(a) This chapter shall apply to all installations, alterations, and repairs of plumbing,901
air-conditioning and heating, or electrical or low-voltage low voltage wiring or utility902
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systems within or on public or private buildings, structures, or premises except as otherwise
903
provided in this Code section.904
(b) Any person who
that holds a license issued under this chapter may engage in the905
business of plumbing contracting, electrical contracting, conditioned air contracting,906
low-voltage low voltage contracting, or utility contracting but only as prescribed by the907
license, throughout the state; and except as provided in Code Section 43-14-12 43-14-16,908
no municipality or county may require such person to comply with any additional licensing909
requirements imposed by such municipality or county.910
(c) This chapter shall not apply to:911
(1) The the installation, alteration, or repair of plumbing, air-conditioning and heating,912
utility systems, or electrical services, except low-voltage low voltage wiring services, up913
to and including the meters where such work is performed by and is an integral part of914
the system owned or operated by a public service corporation, an electrical, water, or gas915
department of any municipality in this state, a railroad company, a pipeline company, or916
a mining company in the exercise of its normal function as such.;917
(2) Low voltage wiring performed by public utilities, except that the portion of the918
business of public utilities which involves the installation, alteration, repair, or service919
of telecommunication systems for profit shall be covered under this chapter;920
(3) The installation, construction, or maintenance of power systems or921
telecommunication systems for the generation or distribution of electric current922
constructed under the National Electrical Safety Code, which regulates the safety923
requirements of utilities; but the interior wiring regulated by the National Electrical924
Safety Code shall not be exempt and must be done by an electrical contractor, except as925
otherwise provided by law;926
(4) Any technician employed by a municipal or county franchised community antenna927
television (CATV) system or a municipally owned CATV system in the performance of928
work on the system;929
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(5) Regular full-time employees of an institution, manufacturer, or business who perform930
plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting931
when working on the premises of their employer;932
(6) A contractor certified by the Department of Public Health to make the connection to933
any on-site waste-water management system from the stub out exiting the structure to an934
on-site waste-water management system;935
(7) Any employee or authorized agent of a regulated gas utility or municipally owned936
gas utility while in the course and scope of such employment; or937
(8) Persons licensed as manufactured or mobile home installers by the state fire marshal938
when:939
(A) Coupling the electrical connection from the service entrance panel outside the940
manufactured housing to the distribution panel board inside the manufactured housing;941
(B) Connecting the exterior sewer outlets to the aboveground sewer system; or942
(C) Connecting the exterior water line to the aboveground water system.943
(d) This chapter shall not prohibit:944
(1) An an individual from installing, altering, or repairing plumbing fixtures,945
air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or946
electrical or low-voltage low voltage wiring services in a residential dwelling owned or947
occupied by such individual; provided, however, that all such work must be done in948
conformity with all other provisions of this chapter, the rules and regulations of the board,949
and any applicable county or municipal resolutions, ordinances, codes, or inspection950
requirements.;951
(e)(2) An This chapter shall not prohibit an individual employed on the maintenance staff952
of a facility owned by the state or by a county, municipality, or other political subdivision953
from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and954
heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services955
when such work is an integral part of the maintenance requirements of the facility;956
H. B. 187 (SUB)
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provided, however, that all such work must be done in conformity with all other
957
provisions of this chapter and the orders, rules, and regulations of the board.
;958
(f)(3) Any This chapter shall not prohibit any person from installing, altering, or959
repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility960
systems, or electrical or low-voltage low voltage wiring services in a farm or ranch961
service building or as an integral part of any irrigation system on a farm or ranch when962
such system is not located within 30 feet of any dwelling or any building devoted to963
animal husbandry. Nothing in this subsection shall be construed to limit the application964
of any resolution, ordinance, code, or inspection requirements of a county or municipality965
relating to such connections.;966
(4) Any person from installing, altering, or repairing the plumbing component of a lawn967
sprinkler system from a backflow preventer which was installed by a licensed plumber;968
provided, however, that all such work must be done in conformity with all other969
provisions of this chapter, the rules and regulations of the board, and ordinances of the970
county or municipality; or971
(5) Any propane dealer that is properly insured as required by law and that holds a972
liquefied petroleum gas license issued by the Safety Fire Commissioner from installing,973
repairing, or servicing a propane system or the gas piping or components of such system;974
provided, however, that such propane dealers shall be prohibited from performing the975
installation of conditioned air systems or forced air heating systems unless licensed to do976
so under this chapter.977
(g) This chapter shall not apply to low-voltage wiring performed by public utilities, except978
that such portion of the business of those public utilities which involves the installation,979
alteration, repair, or service of telecommunication systems for profit shall be covered under980
this chapter.981
(h) This chapter shall not apply to the installation, construction, or maintenance of power982
systems or telecommunication systems for the generation or distribution of electric current983
H. B. 187 (SUB)
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constructed under the National Electrical Safety Code, which regulates the safety984
requirements of utilities; but the interior wiring regulated by the National Electrical Safety985
Code would not be exempt and must be done by an electrical contractor except as986
otherwise provided by law.987
(i) This chapter shall not apply to any technician employed by a municipal or988
county-franchised community antenna television (CATV) system or a municipally owned989
community antenna television system in the performance of work on the system.990
(j) This chapter shall not apply to regular full-time employees of an institution,991
manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility992
contracting, or conditioned air contracting when working on the premises of that employer.993
(k) This chapter shall not apply to persons licensed as manufactured or mobile home994
installers by the state fire marshal when:995
(1) Coupling the electrical connection from the service entrance panel outside the996
manufactured housing to the distribution panel board inside the manufactured housing;997
(2) Connecting the exterior sewer outlets to the above-ground sewer system; or998
(3) Connecting the exterior water line to the above-ground water system.999
(l)(e) Any person qualified by the Department of Transportation to perform work for the1000
department shall not be required to be licensed under:1001
(1) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.31002
43-14-11 and 43-14-8.4 43-14-12 in order to perform work for the department. Any1003
person qualified by the Department of Transportation to perform work for the department1004
shall not be required to be licensed under; or1005
(2) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.31006
43-14-11 and 43-14-8.4 43-14-12 in order to perform work for a county, municipality,1007
authority, or other political subdivision when such work is of the same nature as that for1008
which the person is qualified when performing department work; provided, however, that1009
H. B. 187 (SUB)
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such work is not performed on a utility system as defined in paragraph (17) (23) of Code1010
Section 43-14-2 for which the person receives compensation.1011
(m) This chapter shall not prohibit any person from installing, altering, or repairing the1012
plumbing component of a lawn sprinkler system from a backflow preventer which was1013
installed by a licensed plumber; provided, however, that all such work must be done in1014
conformity with all other provisions of this chapter, the rules and regulations of the board,1015
and ordinances of the county or municipality.1016
(n)(f) Any person who contracts with a licensed conditioned air contractor:1017
(1) As as part of a conditioned air contract to install, alter, or repair duct systems, control1018
systems, or insulation is not required to hold a license from the Division of Conditioned1019
Air Contractors. The conditioned air contractor must retain responsibility for completion1020
of the contract, including any subcontracted work.;1021
(2) To Any person who contracts with a licensed conditioned air contractor to perform1022
a complete installation, alteration, or repair of a conditioned air system must hold a valid1023
license from the Division of Conditioned Air Contractors.; or1024
(3) To Any person who contracts to perform for or on behalf of a conditioned air1025
contractor to install, alter, or repair electrical, low-voltage the installation, alteration, or1026
repair of the electrical, low voltage, or plumbing components of a conditioned air system1027
must hold a valid license from the appropriate division of the board.1028
(o) This chapter shall not prohibit any propane dealer who is properly insured as required1029
by law and who holds a liquefied petroleum gas license issued by the Safety Fire1030
Commissioner from installing, repairing, or servicing a propane system or the gas piping1031
or components of such system; provided, however, that such propane dealers shall be1032
prohibited from performing the installation of conditioned air systems or forced air heating1033
systems unless licensed to do so under this chapter.1034
(p) This chapter shall not apply to any employee or authorized agent of a regulated gas1035
utility or municipal owned gas utility while in the course and scope of such employment.1036
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(q)(g) Any utility contractor holding a valid utility contractor's license under this chapter1037
shall be authorized to bid for and perform work on any utility system in this state without1038
obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a1039
utility system or anyone soliciting work to be performed on a utility system to refuse to1040
allow a utility contractor holding a valid utility contractor's license under this chapter to bid1041
for or perform work on a utility system on the basis that such contractor does not hold a1042
license under Chapter 41 of this title.1043
43-14-14 43-14-20.1044
Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction1045
thereof, shall be fined not more than $1,000.00 $3,000.00 or imprisoned for not more than1046
six months, or both.1047
43-14-15 43-14-21.1048
(a) As used in this Code section, the term:1049
(1) 'Discharge' means an honorable discharge or a general discharge from active military1050
service. Such term shall not mean a discharge under other than honorable conditions, a1051
bad conduct discharge, or a dishonorable discharge.1052
(2) 'Military' means the armed forces of the United States or a reserve component of the1053
armed forces of the United States, including the National Guard.1054
(b) A committee composed of the division director, members of the Governor's Office of1055
Workforce Development, and members of the relevant divisions of the licensing board1056
representing the profession for which the applicant is seeking a license shall determine the1057
military specialties or certifications the training or experience for which substantially meets1058
or exceeds the requirements to obtain a license for Electrical Contractor Class I,1059
Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The1060
Governor shall designate a chairperson from among the members of the committee.1061
H. B. 187 (SUB)
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(c) Any current or former member of the military may apply to the licensing board for the
1062
immediate
expedited issuance of a license or certification based upon his or her having1063
obtained a military specialty or certification, the training or experience for which1064
substantially meets or exceeds the requirements to obtain a license or certification1065
identified in subsection (b) of this Code section.1066
(d) In order to qualify under this subsection, an applicant shall make application not later1067
than two years after his or her discharge.-The licensing board, in its discretion, may by rule1068
or regulation extend such two-year period for a license or certification, or class thereof, or1069
may extend such two-year period for an individual applicant if certain circumstances,1070
including, but not limited to, health, hospitalization, or other related emergencies or1071
exigencies, prevented the member of the military from making an application.1072
(e)-Such application shall be in such form and shall require such documentation as the1073
division director shall determine.-If the applicant satisfies the requirements of this Code1074
section, the division director shall direct the appropriate division to issue the appropriate1075
license, and the division shall immediately issue such license; provided, however, that the1076
applicant shall satisfy all financial and insurance requirements for the issuance of such1077
license. This Code section shall only apply to the initial issuance of a license. After the1078
initial issuance of a license, the licensee shall be subject to any provisions relating to the1079
renewal of the license applicable to all licensees.1080
43-14-22.1081
The board may establish a process through rules and regulations for licenses issued under1082
this chapter to be placed on inactive status and the qualifications necessary for such1083
licenses to be returned to active status; provided, however, that engaging in any conduct1084
that requires a license under this chapter while holding an inactive license shall be1085
considered an unlicensed practice and shall be prohibited."1086
H. B. 187 (SUB)
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PART II
1087
SECTION 2-1.1088
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is1089
amended in:1090
(1) Code Section 8-2-26, relating to enforcement of codes generally, employment and1091
training of inspectors, and contracts for administration and enforcement of codes, in1092
subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section1093
43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16".1094
(2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing1095
"43-14-8.1" with "43-14-9".1096
SECTION 2-2.1097
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is1098
amended in:1099
(1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive1100
telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low1101
voltage".1102
(2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and1103
activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage".1104
(3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions1105
of the Code, in subsection (c), by replacing "low-voltage" with "low voltage".1106
(4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not1107
exclusive and construction with other provisions of the Code, in subsection (b), by1108
replacing "low-voltage" with "low voltage".1109
H. B. 187 (SUB)
- 43 - 25 LC 55 0466S
SECTION 2-3.
1110
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended1111
in Code Section 36-60-12.1, relating to fence detection systems, definition, and utilization,1112
by revising paragraph (b)(1) as follows:1113
"(1) Treat fence detection systems in all zoning and permitting matters exclusively as1114
alarm systems as such term is defined in paragraph (.1) of
Code Section 43-14-2; and"1115
SECTION 2-4.1116
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1117
is amended in:1118
(1) Code Section 43-41-2, relating to definitions relative to residential and commercial1119
general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage".1120
(2) Code Section 43-41-17, relating to effective date of licensing and sanctioning1121
provisions, unenforceable contracts, compliance with county or municipal requirements,1122
exemption for DOT contractors, and other exceptions, in subsection (e), by replacing1123
"low-voltage" with "low voltage".1124
SECTION 2-5.1125
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public1126
transportation, is amended in:1127
(1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High1128
Voltage".1129
(2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with1130
"high voltage".1131
(3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing1132
"High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing1133
"high-voltage" with "high voltage".1134
H. B. 187 (SUB)
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(4) Code Section 46-3-33, relating to required conditions for commencing work within ten
1135
feet of high-voltage line, in the introductory language and in paragraph (2), by replacing1136
"high-voltage" with "high voltage".1137
(5) Code Section 46-3-34, relating to utilities protection center, funding of activities,1138
notice of work, delay, and responsibility for completing safety requirements, by replacing1139
"high-voltage" with "high voltage" each time the term appears.1140
(6) Code Section 46-3-35, relating to allocation of expense of precautionary measures1141
taken pursuant to public highway construction, by replacing "high-voltage" with "high1142
voltage".1143
(7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical1144
engineering system or other entities, in subsection (b), by replacing "high-voltage" with1145
"high voltage" both times the term appears.1146
(8) Code Section 46-3-39, relating to restriction on liability of owners and operators of1147
high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage"1148
with "high voltage" each time the term appears.1149
(9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage,1150
indemnification, and liability for cost of delay, by replacing "high-voltage" with "high1151
voltage" each time the term appears.1152
PART III1153
SECTION 3-1.1154
This Act shall become effective upon its approval by the Governor or upon its becoming law1155
without such approval.1156
SECTION 3-2.1157
All laws and parts of laws in conflict with this Act are repealed.1158
H. B. 187 (SUB)
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