| 10 | 6 | | buildings and housing, commerce and trade, local government, professions and businesses,2 |
|---|
| 11 | 7 | | and public utilities and public transportation, respectively, so as to revise provisions relating3 |
|---|
| 12 | 8 | | to professional licenses; to establish on behalf of professional licensing boards under the4 |
|---|
| 13 | 9 | | jurisdiction of the office of the Secretary of State a continuing education tracking solution5 |
|---|
| 14 | 10 | | to monitor compliance of licensees with applicable continuing education requirements; to6 |
|---|
| 15 | 11 | | provide for definitions; to require compliance with continuing education requirements prior7 |
|---|
| 16 | 12 | | to the issuance of certain licenses; to provide for the adoption of rules and regulations; to8 |
|---|
| 17 | 13 | | change certain provisions relating to electrical contractors, plumbers, conditioned air9 |
|---|
| 18 | 14 | | contractors, low voltage contractors, and utility contractors; to change certain definitions; to10 |
|---|
| 19 | 15 | | provide for qualifications of the State Construction Industry Licensing Board; to provide for11 |
|---|
| 20 | 16 | | certain restrictions relating to classes of low voltage licenses; to change certain provisions12 |
|---|
| 21 | 17 | | related to the power and duties of the divisions and the division director; to provide for13 |
|---|
| 22 | 18 | | additional licensing requirements; to provide requirements for license renewals and inactive14 |
|---|
| 23 | 19 | | licenses; to provide for approval of safety training; to change certain provisions relating to15 |
|---|
| 24 | 20 | | applicability; to decouple the sequential order of experience and examination requirements16 |
|---|
| 25 | 21 | | for professional engineers; to provide for conforming cross-references and terminology; to17 |
|---|
| 26 | 22 | | provide for related matters; to repeal conflicting laws; and for other purposes.18 |
|---|
| 31 | 25 | | PART I20 |
|---|
| 32 | 26 | | SECTION 1-1.21 |
|---|
| 33 | 27 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,22 |
|---|
| 34 | 28 | | is amended by revising Chapter 14, relating to electrical contractors, plumbers, conditioned23 |
|---|
| 35 | 29 | | air contractors, low-voltage contractors, and utility contractors, as follows:24 |
|---|
| 36 | 30 | | "CHAPTER 1425 |
|---|
| 37 | 31 | | 43-14-1.26 |
|---|
| 38 | 32 | | This chapter is enacted for the purpose of safeguarding homeowners, other property27 |
|---|
| 39 | 33 | | owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe28 |
|---|
| 42 | 35 | | installations. The practice practices of electrical contracting, plumbing contracting,30 |
|---|
| 43 | 36 | | installing, or repairing, low-voltage low voltage contracting, utility contracting, and31 |
|---|
| 44 | 37 | | conditioned air contracting are declared to be businesses or professions affecting the public32 |
|---|
| 45 | 38 | | interest; and this chapter shall be liberally construed so as to accomplish the purposes33 |
|---|
| 46 | 39 | | stated in this Code section.34 |
|---|
| 47 | 40 | | 43-14-2.35 |
|---|
| 48 | 41 | | As used in this chapter, the term:36 |
|---|
| 49 | 42 | | (.1)(1) 'Alarm system' means any device or combination of devices used to detect a37 |
|---|
| 50 | 43 | | situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency,38 |
|---|
| 51 | 44 | | or equipment failure, or on the occurrence of any other predetermined event.39 |
|---|
| 52 | 45 | | (1)(2) 'Board' means the State Construction Industry Licensing Board.40 |
|---|
| 55 | 47 | | (2)(3) 'Certificate of competency' means a valid and current certificate that is issued by41 |
|---|
| 56 | 48 | | the Division of Electrical Contractors created in Code Section 43-14-3, which certificate42 |
|---|
| 57 | 49 | | shall give and that gives the named electrical contractor to which it is issued authority to43 |
|---|
| 58 | 50 | | engage in electrical contracting of the kind described therein. Certificates of competency44 |
|---|
| 59 | 51 | | shall be of two kinds, Class I and Class II, according to the classification of license held45 |
|---|
| 60 | 52 | | by the electrical contractor.46 |
|---|
| 61 | 53 | | (3)(4) 'Conditioned air contracting' means the installation, repair, or service of47 |
|---|
| 62 | 54 | | conditioned air systems or conditioned air equipment., which includes, but is not limited48 |
|---|
| 63 | 55 | | to:49 |
|---|
| 64 | 56 | | (A) Service to or installation of the electrical connection between the electrical50 |
|---|
| 65 | 57 | | disconnect and conditioned air equipment is considered to be installation, repair, or51 |
|---|
| 66 | 58 | | service of conditioned air equipment or the conditioned air system.; and52 |
|---|
| 67 | 59 | | (B) Service to or installation of the electrical circuit from the electrical distribution53 |
|---|
| 68 | 60 | | panel to the conditioned air equipment where the electrical service to the building or54 |
|---|
| 69 | 61 | | site is a single-phase electrical circuit not exceeding 200 amperes is considered to be55 |
|---|
| 70 | 62 | | installation, repair, or service of conditioned air equipment or the conditioned air56 |
|---|
| 71 | 63 | | system.57 |
|---|
| 72 | 64 | | (4)(5) 'Conditioned air contractor' means an individual who is any person engaged in58 |
|---|
| 73 | 65 | | conditioned air contracting under express or implied contract or who that bids for, offers59 |
|---|
| 74 | 66 | | to perform, purports to have the capacity to perform, or does perform conditioned air60 |
|---|
| 75 | 67 | | contracting services under express or implied contract. The term 'conditioned air61 |
|---|
| 76 | 68 | | contractor' Such term shall not include a person an individual who is an employee of a62 |
|---|
| 77 | 69 | | conditioned air contractor and who receives only a salary or hourly wage for performing63 |
|---|
| 78 | 70 | | conditioned air contracting work.64 |
|---|
| 79 | 71 | | (5)(6) 'Conditioned air equipment' means heating and air-conditioning equipment65 |
|---|
| 80 | 72 | | covered under state codes and the natural gas piping system on the outlet side of the gas66 |
|---|
| 81 | 73 | | meter.67 |
|---|
| 84 | 75 | | (6)(7) 'Electrical contracting' means the installation, maintenance, alteration, or repair68 |
|---|
| 85 | 76 | | of any electrical equipment, apparatus, control system, or electrical wiring device which69 |
|---|
| 86 | 77 | | is attached to or incorporated into any building or structure in this state but shall not70 |
|---|
| 87 | 78 | | include low-voltage low voltage contracting.71 |
|---|
| 88 | 79 | | (7)(8) 'Electrical contractor' means any person who engages engaged in the business of72 |
|---|
| 89 | 80 | | electrical contracting under express or implied contract or who that bids for, offers to73 |
|---|
| 90 | 81 | | perform, purports to have the capacity to perform, or does perform electrical contracting74 |
|---|
| 91 | 82 | | services under express or implied contract. The term 'electrical contractor' Such term75 |
|---|
| 92 | 83 | | shall not include a person an individual who is an employee of an electrical contractor76 |
|---|
| 93 | 84 | | and who receives only a salary or hourly wage for performing electrical contracting work.77 |
|---|
| 94 | 85 | | (8)(9) 'Executive director' means the executive director of the State Construction78 |
|---|
| 95 | 86 | | Industry Licensing Board.79 |
|---|
| 96 | 87 | | (8.1)(10) 'General system' means any electrical system, other than an alarm or80 |
|---|
| 97 | 88 | | telecommunication system, involving low-voltage low voltage wiring.81 |
|---|
| 98 | 89 | | (9)(11) 'Journeyman plumber' means any person individual other than a master plumber82 |
|---|
| 99 | 90 | | who has practical knowledge of the installation of plumbing and installs plumbing under83 |
|---|
| 100 | 91 | | the direction of a master plumber.84 |
|---|
| 101 | 92 | | (10)(12) 'License' means a valid and current certificate of registration issued by a85 |
|---|
| 102 | 93 | | division of the board, which certificate shall give the named person to whom it is issued86 |
|---|
| 103 | 94 | | authority to engage in the activity prescribed thereon.87 |
|---|
| 104 | 95 | | (10.1)(13) 'Low voltage 'Low-voltage contracting' means the installation, alteration,88 |
|---|
| 105 | 96 | | service, or repair of a telecommunication system, alarm system, or general system89 |
|---|
| 106 | 97 | | involving low-voltage low voltage wiring.90 |
|---|
| 107 | 98 | | (10.2)(14) 'Low voltage 'Low-voltage contractor' means an individual who is any person91 |
|---|
| 108 | 99 | | engaged in low-voltage low voltage contracting under express or implied contract or who92 |
|---|
| 109 | 100 | | that bids for, offers to perform, purports to have the capacity to perform, or does perform93 |
|---|
| 110 | 101 | | low-voltage low voltage contracting services under express or implied contract. An94 |
|---|
| 113 | 103 | | employee of a low-voltage contractor who receives only a salary or hourly wage for95 |
|---|
| 114 | 104 | | performing low-voltage contracting work shall not be required to be licensed under this96 |
|---|
| 115 | 105 | | chapter, except that those employees upon whom the qualification of a partnership,97 |
|---|
| 116 | 106 | | limited liability company, or corporation rests as outlined in subsection (b) of Code98 |
|---|
| 117 | 107 | | Section 43-14-8.1 shall be licensed.99 |
|---|
| 118 | 108 | | (10.3)(15) 'Low voltage 'Low-voltage wiring' means:100 |
|---|
| 119 | 109 | | (A) Wiring systems of 50 volts or less and control circuits directly associated101 |
|---|
| 120 | 110 | | therewith;102 |
|---|
| 121 | 111 | | (B) Wiring systems having a voltage in excess of 50 volts, provided such systems103 |
|---|
| 122 | 112 | | consist solely of power limited circuits meeting the definition of a Class II and Class104 |
|---|
| 123 | 113 | | III wiring system as defined in Article 725 of the National Electrical Code; or105 |
|---|
| 124 | 114 | | (C) Line voltage wiring having a voltage not in excess of 300 volts to ground and106 |
|---|
| 125 | 115 | | installed from the load-side terminals of a suitable disconnecting means which has been107 |
|---|
| 126 | 116 | | installed for the specific purpose of supplying the low-voltage low voltage wiring108 |
|---|
| 127 | 117 | | system involved or installed from a suitable junction box which has been installed for109 |
|---|
| 128 | 118 | | such specific purpose.110 |
|---|
| 129 | 119 | | (11)(16) 'Master plumber' means any individual engaging engaged in the business of111 |
|---|
| 130 | 120 | | plumbing under express or implied contract or who bids for, offers to perform, purports112 |
|---|
| 131 | 121 | | to have the capacity to perform, or does perform plumbing contracting services under113 |
|---|
| 132 | 122 | | express or implied contract.114 |
|---|
| 133 | 123 | | (12)(17) 'Plumbing' means:115 |
|---|
| 134 | 124 | | (A) The the practice of installing, maintaining, altering, or repairing piping fixtures,116 |
|---|
| 135 | 125 | | appliances, and appurtenances in connection with sanitary drainage or storm drainage117 |
|---|
| 136 | 126 | | facilities, venting systems, medical gas piping systems, natural gas piping systems on118 |
|---|
| 137 | 127 | | the outlet side of gas meters, or public or private water supply systems within or119 |
|---|
| 138 | 128 | | adjacent to any building, structure, or conveyance, or manhole; provided, however, that120 |
|---|
| 139 | 129 | | after July 1, 1997, only master plumbers and journeyman plumbers who have been121 |
|---|
| 142 | 131 | | certified by the Division of Master Plumbers and Journeyman Plumbers to perform122 |
|---|
| 143 | 132 | | such tasks shall be authorized to install, maintain, alter, or repair medical gas piping123 |
|---|
| 144 | 133 | | systems. The term 'plumbing' also includes the and124 |
|---|
| 145 | 134 | | (B) The practice of and materials used in installing, maintaining, extending, or altering125 |
|---|
| 146 | 135 | | the natural gas, storm-water, sewerage, and water supply systems of any premises to126 |
|---|
| 147 | 136 | | their connection with any point of public disposal or other acceptable terminal;127 |
|---|
| 148 | 137 | | provided, however, that licensure under this chapter shall not be required for a128 |
|---|
| 149 | 138 | | contractor certified by the Department of Public Health to make the connection to any129 |
|---|
| 150 | 139 | | on-site waste-water management system from the stub out exiting the structure to an130 |
|---|
| 151 | 140 | | on-site waste-water management system. Notwithstanding any other provision of this131 |
|---|
| 152 | 141 | | chapter, any person who holds a valid master plumbing license or any company which132 |
|---|
| 153 | 142 | | holds a valid utility contractor license shall be qualified to construct, alter, or repair any133 |
|---|
| 154 | 143 | | plumbing system which extends from the property line up to but not within five feet of134 |
|---|
| 155 | 144 | | any building, structure, or conveyance, regardless of the cost or depth of any such135 |
|---|
| 156 | 145 | | plumbing system.136 |
|---|
| 157 | 146 | | (12.1)(18) 'Telecommunication system' means a switching system and associated137 |
|---|
| 158 | 147 | | apparatus which performs the basic function of two-way voice or data service, or both,138 |
|---|
| 159 | 148 | | and which can be a commonly controlled system capable of being administered both139 |
|---|
| 160 | 149 | | locally and remotely via secured access.140 |
|---|
| 161 | 150 | | (13)(19) 'Utility contracting' means undertaking to construct, erect, alter, or repair or141 |
|---|
| 162 | 151 | | have constructed, erected, altered, or repaired any utility system.142 |
|---|
| 163 | 152 | | (14)(20) 'Utility contractor' means a sole proprietorship, partnership, or corporation143 |
|---|
| 164 | 153 | | which is engaged in utility contracting under express or implied contract or which bids144 |
|---|
| 165 | 154 | | for, offers to perform, purports to have the capacity to perform, or does perform utility145 |
|---|
| 166 | 155 | | contracting under express or implied contract.146 |
|---|
| 167 | 156 | | (15)(21) 'Utility foreman' means any individual who is employed by a licensed contractor147 |
|---|
| 168 | 157 | | to supervise the construction, erection, alteration, or repair of utility systems.148 |
|---|
| 171 | 159 | | (16)(22) 'Utility manager' means any individual who is employed by a utility contractor149 |
|---|
| 172 | 160 | | to have oversight and charge of the construction, erection, alteration, or repair of utility150 |
|---|
| 173 | 161 | | systems.151 |
|---|
| 174 | 162 | | (17)(23) 'Utility system' means:152 |
|---|
| 175 | 163 | | (A) Any system at least five feet underground, when installed or accessed by trenching,153 |
|---|
| 176 | 164 | | open cut, cut and cover, or other similar construction methods which install or access154 |
|---|
| 177 | 165 | | the system from the ground surface, including, but not limited to, gas distribution155 |
|---|
| 178 | 166 | | systems, electrical distribution systems, communication systems, water supply systems,156 |
|---|
| 179 | 167 | | and sanitary sewerage and drainage systems; and157 |
|---|
| 180 | 168 | | (B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate158 |
|---|
| 181 | 169 | | collection and treatment systems associated with landfills, and pump stations, when the159 |
|---|
| 182 | 170 | | system distributes or collects a service, product, or commodity for which a fee or price160 |
|---|
| 183 | 171 | | is paid for said service, product, or commodity or for the disposal of said service,161 |
|---|
| 184 | 172 | | product, or commodity.162 |
|---|
| 185 | 173 | | 43-14-3.163 |
|---|
| 186 | 174 | | (a) There is created within the executive branch of state government the State Construction164 |
|---|
| 187 | 175 | | Industry Licensing Board. The board shall be assigned to the Secretary of State's office for165 |
|---|
| 188 | 176 | | administrative purposes and shall be under the jurisdiction of the division director.166 |
|---|
| 189 | 177 | | (b) The board shall be composed of 27 members as follows:167 |
|---|
| 190 | 178 | | (1) Five members known as the Division of Electrical Contractors, one of whom shall168 |
|---|
| 191 | 179 | | be a consulting professional engineer engaged in electrical practice, another of whom169 |
|---|
| 192 | 180 | | shall be the chief electrical an inspector with electrical inspection duties of a county or170 |
|---|
| 193 | 181 | | municipality, and shall have served in such office for five years immediately preceding171 |
|---|
| 194 | 182 | | appointment to the board or a third-party inspector regularly providing inspections to a172 |
|---|
| 195 | 183 | | county or municipality, and the remaining three of whom shall be engaged in the173 |
|---|
| 196 | 184 | | electrical contracting business licensed electrical contractors in this state;174 |
|---|
| 201 | 187 | | one of whom shall be a full-time plumbing inspector of a county or municipality, three176 |
|---|
| 202 | 188 | | of whom shall be master or contracting plumbers, and one of whom shall be a177 |
|---|
| 203 | 189 | | journeyman plumber;178 |
|---|
| 204 | 190 | | (3) Five members known as the Division of Conditioned Air Contractors, one of whom179 |
|---|
| 205 | 191 | | shall be a licensed professional engineer engaged in mechanical practice, one of whom180 |
|---|
| 206 | 192 | | shall be the chief conditioned air inspector of a county or municipality, and three of181 |
|---|
| 207 | 193 | | whom shall be conditioned air contractors with more than five years of installation and182 |
|---|
| 208 | 194 | | service experience in the trade;183 |
|---|
| 211 | 196 | | of whom shall be an alarm system low-voltage low voltage contractor, one of whom shall185 |
|---|
| 212 | 197 | | be an unrestricted low-voltage low voltage contractor, one of whom shall be a186 |
|---|
| 213 | 198 | | telecommunication system low-voltage low voltage contractor, one of whom shall be a187 |
|---|
| 214 | 199 | | professional electrical engineer, and one of whom shall be the chief electrical an inspector188 |
|---|
| 215 | 200 | | with electrical inspection duties of a county or municipality or contracted by a county or189 |
|---|
| 216 | 201 | | municipality to perform electrical inspections;190 |
|---|
| 217 | 202 | | (5) Five members known as the Division of Utility Contractors, three of whom shall be191 |
|---|
| 218 | 203 | | utility contractors, one of whom shall be a registered professional engineer, and one of192 |
|---|
| 219 | 204 | | whom shall be an insurance company representative engaged primarily in the bonding of193 |
|---|
| 220 | 205 | | construction projects; and194 |
|---|
| 221 | 206 | | (6) Two members who shall not have any connection with the electrical contracting,195 |
|---|
| 222 | 207 | | plumbing, or conditioned air contracting businesses whatsoever but who shall have a196 |
|---|
| 223 | 208 | | recognized interest in consumer affairs and consumer protection concerns.197 |
|---|
| 224 | 209 | | (c) All members shall be appointed by the Governor, subject to confirmation by the198 |
|---|
| 225 | 210 | | Senate, for four-year terms.199 |
|---|
| 226 | 211 | | (d) A member shall serve until a successor has been duly appointed and qualified.200 |
|---|
| 236 | 218 | | qualifications for original appointment shall thereby forfeit membership on the board.206 |
|---|
| 237 | 219 | | (g) Each member of the board shall take an oath of office before the Governor or the207 |
|---|
| 238 | 220 | | Governor's designee to faithfully perform the duties of such office.208 |
|---|
| 239 | 221 | | (h) The Governor may remove any member for failure to attend meetings, neglect of duty,209 |
|---|
| 240 | 222 | | incompetence, revocation or suspension of professional trade license, or other dishonorable210 |
|---|
| 241 | 223 | | conduct.211 |
|---|
| 242 | 224 | | (i) Members of the board shall be reimbursed as provided for in subsection (f) of Code212 |
|---|
| 243 | 225 | | Section 43-1-2.213 |
|---|
| 244 | 226 | | 43-14-4.214 |
|---|
| 245 | 227 | | (a) The office of chairperson shall be rotated among the five divisions enumerated in Code215 |
|---|
| 246 | 228 | | Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. 216 |
|---|
| 247 | 229 | | Any vacancy in the office of chairperson shall be filled by the members for the unexpired217 |
|---|
| 248 | 230 | | term. The person individual selected to fill the vacancy shall be a member of the same218 |
|---|
| 249 | 231 | | division as the previous chairperson.219 |
|---|
| 250 | 232 | | (b) The board shall meet at the call of the chairperson or upon the recommendation of a220 |
|---|
| 251 | 233 | | majority of its members.221 |
|---|
| 252 | 234 | | (c) Each division within the board shall also elect from its membership a chairperson who222 |
|---|
| 253 | 235 | | shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled223 |
|---|
| 254 | 236 | | by one of the members for the unexpired term.224 |
|---|
| 255 | 237 | | (d) Any member elected chairperson of a division may serve more than one consecutive225 |
|---|
| 256 | 238 | | term of office.226 |
|---|
| 261 | 241 | | assistance of the executive director and staff of the board.228 |
|---|
| 262 | 242 | | (f) The divisions shall meet at the call of the chairperson.229 |
|---|
| 263 | 243 | | (g) Three members of each division shall constitute a quorum for the transaction of230 |
|---|
| 264 | 244 | | business of such division.231 |
|---|
| 265 | 245 | | 43-14-5.232 |
|---|
| 266 | 246 | | The board shall have the power to:233 |
|---|
| 267 | 247 | | (1) Request from the various state departments and other agencies and authorities of the234 |
|---|
| 268 | 248 | | state and its political subdivisions and their agencies and authorities such available235 |
|---|
| 269 | 249 | | information as it may require in its work; and all such agencies and authorities shall236 |
|---|
| 270 | 250 | | furnish such requested available information to the board within a reasonable time;237 |
|---|
| 271 | 251 | | (2) Provide by regulation for reciprocity with other states in the registration and licensing238 |
|---|
| 274 | 253 | | contractors, utility contractors, or conditioned air contractors and in the certification of240 |
|---|
| 275 | 254 | | utility contracting foremen, provided that such other states have requirements241 |
|---|
| 276 | 255 | | substantially equal similar to the requirements in force in this state for registration,242 |
|---|
| 277 | 256 | | licensure, and certification; provided, further, that a similar privilege is offered to243 |
|---|
| 278 | 257 | | residents of this state;244 |
|---|
| 279 | 258 | | (3) Adopt an official seal for its use and change it at pleasure modify such seal as the245 |
|---|
| 280 | 259 | | board deems necessary;246 |
|---|
| 281 | 260 | | (4) Establish the policies for regulating the businesses of electrical contracting,247 |
|---|
| 282 | 261 | | plumbing, low-voltage, utility plumbing contracting, low voltage contracting, utility248 |
|---|
| 283 | 262 | | contracting, and conditioned air contracting;249 |
|---|
| 284 | 263 | | (4.1)(5) Upon notice and hearing authorized and conducted in accordance with Code250 |
|---|
| 285 | 264 | | Section 43-14-10 43-14-14 and any rules and regulations promulgated by the board,251 |
|---|
| 286 | 265 | | either by the board directly or through a valid delegation of the board's enforcement252 |
|---|
| 294 | 270 | | requirements as the board deems necessary; and256 |
|---|
| 295 | 271 | | (6)(7) Promulgate and adopt rules and regulations necessary to carry out this chapter.257 |
|---|
| 296 | 272 | | 43-14-6.258 |
|---|
| 297 | 273 | | (a) The Division of Electrical Contractors, with respect to applicants for a license to259 |
|---|
| 298 | 274 | | engage in or licensees engaging in the business of electrical contracting; the Division of260 |
|---|
| 299 | 275 | | Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to261 |
|---|
| 300 | 276 | | engage in or licensees engaging in the business of plumbing as master plumbers or262 |
|---|
| 301 | 277 | | journeyman plumbers; the Division of Low-voltage Low Voltage Contractors, with respect263 |
|---|
| 302 | 278 | | to applicants for a license to engage in or licensees engaging in the business of low-voltage264 |
|---|
| 303 | 279 | | low voltage contracting; the Division of Utility Contractors with respect to applicants for265 |
|---|
| 304 | 280 | | a license to engage in or licensees engaging in the business of utility contracting and with266 |
|---|
| 305 | 281 | | respect to applicants for a certificate to be a utility manager or utility foreman or holders267 |
|---|
| 306 | 282 | | of a utility manager or utility foreman certificate; and the Division of Conditioned Air268 |
|---|
| 307 | 283 | | Contractors, with respect to applicants for a license to engage in or licensees engaging in269 |
|---|
| 308 | 284 | | the business of conditioned air contracting, shall:270 |
|---|
| 309 | 285 | | (1) Approve examinations for all applicants for licenses or certificates, except for utility271 |
|---|
| 310 | 286 | | contractor licenses and utility foreman certificates., as follows:272 |
|---|
| 311 | 287 | | (A) The Division of Electrical Contractors shall approve separate examinations for273 |
|---|
| 312 | 288 | | Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting274 |
|---|
| 313 | 289 | | involving multifamily structures of not more than two levels or single-family dwellings275 |
|---|
| 314 | 290 | | of up to three levels. In addition, the; provided, however, that such structures shall have276 |
|---|
| 315 | 291 | | single-phase electrical installations which do not exceed 400 amperes at the service277 |
|---|
| 316 | 292 | | drop or the service lateral. Class II licenses shall be unrestricted.;278 |
|---|
| 319 | 294 | | (B) The Division of Master Plumbers and Journeyman Plumbers shall approve separate279 |
|---|
| 320 | 295 | | examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman280 |
|---|
| 321 | 296 | | Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving281 |
|---|
| 322 | 297 | | single-family dwellings and one-level multifamily dwellings designed for not more than282 |
|---|
| 323 | 298 | | two families three stories and commercial structures not to exceed 10,000 20,000283 |
|---|
| 324 | 299 | | square feet in area. Master Plumber Class II licenses shall be unrestricted. Only a284 |
|---|
| 325 | 300 | | journeyman plumber, a Master Plumber Class I, or a Master Plumber Class II shall be285 |
|---|
| 326 | 301 | | authorized to install, maintain, alter, or repair medical gas piping systems;286 |
|---|
| 327 | 302 | | (C) The Division of Conditioned Air Contractors shall approve separate examinations287 |
|---|
| 328 | 303 | | for Class I and Class II licenses. Class I licenses shall be restricted to the installation,288 |
|---|
| 329 | 304 | | repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU289 |
|---|
| 330 | 305 | | (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be290 |
|---|
| 331 | 306 | | unrestricted.; and291 |
|---|
| 332 | 307 | | (D) The Division of Low-voltage Low Voltage Contractors shall approve separate292 |
|---|
| 333 | 308 | | examinations for:293 |
|---|
| 334 | 309 | | (i) Low Voltage Low-voltage Contractor Class LV-A, licenses restricted to alarm and294 |
|---|
| 335 | 310 | | general system low voltage contracting;295 |
|---|
| 336 | 311 | | (ii) Low Voltage Low-voltage Contractor Class LV-T, licenses restricted to296 |
|---|
| 337 | 312 | | telecommunication and general system low voltage contracting;297 |
|---|
| 338 | 313 | | (iii) Low Voltage Contractor Class LV-G licenses restricted to general system low298 |
|---|
| 339 | 314 | | voltage contracting; and299 |
|---|
| 340 | 315 | | (iv) Low Voltage Contractor Low-voltage Contractor Class LV-U, and Low-voltage300 |
|---|
| 341 | 316 | | Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general301 |
|---|
| 342 | 317 | | system low-voltage contracting, Class LV-T licenses shall be restricted to302 |
|---|
| 343 | 318 | | telecommunication and general system low-voltage contracting, Class LV-G licenses303 |
|---|
| 344 | 319 | | shall be restricted to general system low-voltage contracting, and Class LV-U licenses304 |
|---|
| 347 | 321 | | that shall be unrestricted and permit the performance of alarm, telecommunication,305 |
|---|
| 348 | 322 | | and general system low-voltage low voltage contracting;306 |
|---|
| 349 | 323 | | (2) Register and license or grant a certificate and issue renewal licenses and renewal307 |
|---|
| 350 | 324 | | certificates biennially to all persons meeting the qualifications for a license or certificate. 308 |
|---|
| 351 | 325 | | The following licenses or certificates shall be issued by the divisions:309 |
|---|
| 352 | 326 | | (A) Electrical Contractor Class I;310 |
|---|
| 353 | 327 | | (B) Electrical Contractor Class II;311 |
|---|
| 354 | 328 | | (C) Master Plumber Class I;312 |
|---|
| 355 | 329 | | (D) Master Plumber Class II;313 |
|---|
| 356 | 330 | | (E) Journeyman Plumber;314 |
|---|
| 357 | 331 | | (F) Conditioned Air Contractor Class I;315 |
|---|
| 358 | 332 | | (G) Conditioned Air Contractor Class II;316 |
|---|
| 359 | 333 | | (H) Low-voltage Low Voltage Contractor Class LV-A;317 |
|---|
| 360 | 334 | | (I) Low-voltage Low Voltage Contractor Class LV-T;318 |
|---|
| 361 | 335 | | (J) Low-voltage Low Voltage Contractor Class LV-G;319 |
|---|
| 362 | 336 | | (K) Low-voltage Low Voltage Contractor Class LV-U;320 |
|---|
| 363 | 337 | | (L) Utility Contractor; Class A;321 |
|---|
| 364 | 338 | | (M) Utility Contractor; Class B;322 |
|---|
| 365 | 339 | | (N) Utility Contractor; Class U;323 |
|---|
| 366 | 340 | | (O) Utility Manager (certificate); and324 |
|---|
| 367 | 341 | | (P) Utility Foreman (certificate);325 |
|---|
| 368 | 342 | | (3) Investigate, with the aid of the division director, alleged violations of this chapter or326 |
|---|
| 369 | 343 | | other laws and rules and regulations of the board relating to the profession;327 |
|---|
| 370 | 344 | | (4) After notice and hearing, have the power to reprimand any person, licensee, or328 |
|---|
| 371 | 345 | | certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse329 |
|---|
| 372 | 346 | | to grant, renew, or restore a license or certificate to any person, licensee, or certificate330 |
|---|
| 373 | 347 | | holder upon any one of the following grounds:331 |
|---|
| 378 | 350 | | false, or fraudulent document in connection with the license or certificate requirements333 |
|---|
| 379 | 351 | | of this chapter or the rules and regulations of the board;334 |
|---|
| 380 | 352 | | (B) Failure at any time to comply with the requirements for a license or certificate335 |
|---|
| 381 | 353 | | under this chapter or the rules and regulations of the board;336 |
|---|
| 382 | 354 | | (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to337 |
|---|
| 383 | 355 | | such an extent as to render the license or certificate holder unsafe or unfit to practice338 |
|---|
| 384 | 356 | | any profession licensed or certified under this chapter;339 |
|---|
| 385 | 357 | | (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or340 |
|---|
| 386 | 358 | | harm the public;341 |
|---|
| 387 | 359 | | (E) Knowingly performing any act which in any way assists an unlicensed or342 |
|---|
| 388 | 360 | | noncertified person to practice such profession;343 |
|---|
| 389 | 361 | | (F) Violating, directly or indirectly, or assisting in or abetting any violation of any344 |
|---|
| 390 | 362 | | provision of this chapter or any rule or regulation of the board;345 |
|---|
| 391 | 363 | | (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,346 |
|---|
| 394 | 365 | | contracting likely to endanger life, health, or property. The performance of any work348 |
|---|
| 395 | 366 | | that does not comply with the standards set by state codes or by local codes in349 |
|---|
| 396 | 367 | | jurisdictions where such codes are adopted, provided that such local codes are as350 |
|---|
| 397 | 368 | | stringent as the state codes, or by other codes or regulations which have been adopted351 |
|---|
| 398 | 369 | | by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or352 |
|---|
| 399 | 370 | | unsafe character of such electrical, plumbing, low-voltage low voltage contracting,353 |
|---|
| 400 | 371 | | utility contracting, or conditioned air contracting; provided, however, that the board,354 |
|---|
| 401 | 372 | | in its sole discretion, for good cause shown and under such conditions as it may355 |
|---|
| 402 | 373 | | prescribe, may restore a license to any person whose license has been suspended or356 |
|---|
| 403 | 374 | | revoked;357 |
|---|
| 408 | 377 | | of license coverage; or359 |
|---|
| 409 | 378 | | (I) With respect to utility contractors, violations of Chapter 9 of Title 25;360 |
|---|
| 410 | 379 | | (5) Review amendments to or revisions in the state minimum standard codes as prepared361 |
|---|
| 411 | 380 | | pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community362 |
|---|
| 412 | 381 | | Affairs shall be required to provide to the division director a copy of any amendment to363 |
|---|
| 413 | 382 | | or revision in the state minimum standard codes at least 45 days prior to the adoption364 |
|---|
| 414 | 383 | | thereof; and365 |
|---|
| 415 | 384 | | (6) Do all other things necessary and proper to exercise their powers and perform their366 |
|---|
| 416 | 385 | | duties in accordance with this chapter.367 |
|---|
| 417 | 386 | | (b) The Division of Electrical Contractors may also provide, by rules and regulations, for368 |
|---|
| 418 | 387 | | the issuance of certificates of competency pertaining to financial responsibility and369 |
|---|
| 419 | 388 | | financial disclosure; provided, however, that such rules and regulations are adopted by the370 |
|---|
| 420 | 389 | | board. The division shall issue certificates of competency and renewal certificates to371 |
|---|
| 421 | 390 | | persons meeting the qualifications therefor.372 |
|---|
| 422 | 391 | | (c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals373 |
|---|
| 423 | 392 | | resulting from the suspension of licenses by an approved municipal or county licensing or374 |
|---|
| 426 | 394 | | (d)(1) The Division of Conditioned Air Contractors shall be authorized to:376 |
|---|
| 427 | 395 | | (1) Require require persons seeking renewal of Conditioned Air Contractor Class I and377 |
|---|
| 428 | 396 | | Class II licenses to complete board approved continuing education of not more less than378 |
|---|
| 429 | 397 | | four hours annually.;379 |
|---|
| 430 | 398 | | (2) Approve The division shall be authorized to approve courses offered by institutions380 |
|---|
| 431 | 399 | | of higher learning, vocational technical schools, and trade, technical, or professional381 |
|---|
| 432 | 400 | | organizations; provided, however, that continuing education courses or programs related382 |
|---|
| 433 | 401 | | to conditioned air contracting provided or conducted by public utilities, equipment383 |
|---|
| 434 | 402 | | manufacturers, or institutions under the State Board of the Technical College System of384 |
|---|
| 441 | 406 | | shall be in the areas of safety, technological advances, business management, or387 |
|---|
| 442 | 407 | | government regulation. Courses or programs conducted by manufacturers specifically388 |
|---|
| 443 | 408 | | to promote their products shall not be approved. The continuing education requirements389 |
|---|
| 444 | 409 | | of this subsection shall not be required for any licensed conditioned air contractor who390 |
|---|
| 445 | 410 | | is a registered professional engineer;391 |
|---|
| 446 | 411 | | (2)(3) Administer all All provisions of this subsection relating to continuing professional392 |
|---|
| 447 | 412 | | education shall be administered by the division.;393 |
|---|
| 448 | 413 | | (3)(4) Waive The division shall be authorized to waive the continuing education394 |
|---|
| 449 | 414 | | requirements in cases of hardship, disability, or illness or under such other circumstances395 |
|---|
| 450 | 415 | | as the board deems appropriate.; and396 |
|---|
| 451 | 416 | | (4)(5) Promulgate The division shall be authorized to promulgate rules and regulations397 |
|---|
| 452 | 417 | | to implement and ensure compliance with the requirements of this Code section.398 |
|---|
| 453 | 418 | | (5) The continuing education requirements of this subsection shall not be required of any399 |
|---|
| 454 | 419 | | licensed conditioned air contractor who is a registered professional engineer.400 |
|---|
| 455 | 420 | | (6) This Code section shall apply to each licensing and renewal cycle which begins after401 |
|---|
| 456 | 421 | | the 1990-1991 renewal.402 |
|---|
| 457 | 422 | | (e)(1) The Division of Electrical Contractors shall be authorized to:403 |
|---|
| 458 | 423 | | (1) Require individuals require persons seeking renewal of Electrical Contractor Class404 |
|---|
| 459 | 424 | | I and Class II licenses to complete board approved courses or courses which meet board405 |
|---|
| 460 | 425 | | criteria for continuing education courses of not more less than four hours annually.;406 |
|---|
| 461 | 426 | | (2) Approve The division shall be authorized to approve continuing education courses407 |
|---|
| 462 | 427 | | to be held within or outside this state that are available to all licensed electrical408 |
|---|
| 463 | 428 | | contractors on a reasonable nondiscriminatory fee basis. Any request for division409 |
|---|
| 464 | 429 | | approval of a continuing education course shall be submitted in a timely manner with due410 |
|---|
| 465 | 430 | | regard for the necessity of investigation and consideration by the division. The division411 |
|---|
| 472 | 434 | | subsection and any rules or regulations established by the division. Such programs shall414 |
|---|
| 473 | 435 | | be self-sustaining by the individual fees set and collected by the provider of the program.;415 |
|---|
| 474 | 436 | | and416 |
|---|
| 475 | 437 | | (2)(3) Waive The division shall be authorized to waive the continuing education417 |
|---|
| 476 | 438 | | requirements in cases of hardship, disability, or illness or under such other circumstances418 |
|---|
| 477 | 439 | | as the division deems appropriate.419 |
|---|
| 478 | 440 | | (f)(1) The Division of Utility Contractors shall be authorized to:420 |
|---|
| 479 | 441 | | (1) Require individuals require persons seeking renewal of utility foreman certificates421 |
|---|
| 480 | 442 | | and utility manager certificates issued under this chapter to complete board approved422 |
|---|
| 481 | 443 | | continuing education of not more than four hours annually.;423 |
|---|
| 482 | 444 | | (2) Approve The division shall be authorized to approve courses offered by institutions424 |
|---|
| 483 | 445 | | of higher learning, vocational-technical schools, and trade, technical, or professional425 |
|---|
| 484 | 446 | | organizations; provided, however, that continuing education courses or programs related426 |
|---|
| 485 | 447 | | to utility contracting provided or conducted by institutions under the State Board of the427 |
|---|
| 486 | 448 | | Technical College System of Georgia shall constitute acceptable continuing professional428 |
|---|
| 487 | 449 | | education programs for the purposes of this subsection.; and429 |
|---|
| 488 | 450 | | (2)(3) Waive The division shall be authorized to waive the continuing education430 |
|---|
| 489 | 451 | | requirements in cases of hardship, disability, or illness or under such other circumstances431 |
|---|
| 490 | 452 | | as the division deems appropriate.432 |
|---|
| 491 | 453 | | (g)(1) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to:433 |
|---|
| 492 | 454 | | (1) Require individuals require persons seeking renewal of Journeyman Plumber, Master434 |
|---|
| 493 | 455 | | Plumber Class I, and Master Plumber Class II licenses to complete board approved435 |
|---|
| 494 | 456 | | continuing education of not more less than four hours annually.;436 |
|---|
| 495 | 457 | | (2) Approve The division shall be authorized to approve courses offered by institutions437 |
|---|
| 496 | 458 | | of higher learning, vocational-technical schools, and trade, technical, or professional438 |
|---|
| 505 | 464 | | (2)(3) Waive The division shall be authorized to waive the continuing education443 |
|---|
| 506 | 465 | | requirements in cases of hardship, disability, or illness or under such other circumstances444 |
|---|
| 507 | 466 | | as the division deems appropriate.445 |
|---|
| 508 | 467 | | (h) Each division shall make all reasonable efforts to make the continuing education446 |
|---|
| 509 | 468 | | offered pursuant to this Code section available online or through home study courses and447 |
|---|
| 510 | 469 | | accessible at times outside of the normal work hours of those licensed by such division.448 |
|---|
| 511 | 470 | | 43-14-7.449 |
|---|
| 512 | 471 | | (a) All orders and processes of the board and the divisions of the board shall be signed and450 |
|---|
| 513 | 472 | | attested by the division director; and any notice or legal process necessary to be served451 |
|---|
| 514 | 473 | | upon the board or the divisions may be served upon the division director.452 |
|---|
| 515 | 474 | | (b) The division director or his or her designee is vested with the power and authority to453 |
|---|
| 516 | 475 | | make such investigations in connection with the enforcement of this chapter and the rules454 |
|---|
| 517 | 476 | | and regulations of the board as he the director, the board, the divisions of the board, or any455 |
|---|
| 518 | 477 | | district attorney may deem necessary or advisable.456 |
|---|
| 519 | 478 | | 43-14-8.457 |
|---|
| 520 | 479 | | (a)(1) No person shall engage in the electrical contracting business as an electrical458 |
|---|
| 521 | 480 | | contractor unless such person has a valid license from the Division of Electrical459 |
|---|
| 522 | 481 | | Contractors and a certificate of competency, if such certificates are issued by the division460 |
|---|
| 523 | 482 | | pursuant to subsection (b) of Code Section 43-14-6.461 |
|---|
| 524 | 483 | | (2) A person who that is not licensed as an electrical contractor or who that does not have462 |
|---|
| 525 | 484 | | a certificate of competency, if such certificates are issued by the division pursuant to463 |
|---|
| 534 | 490 | | plumber unless such person has a valid license from the Division of Master Plumbers and468 |
|---|
| 535 | 491 | | Journeyman Plumbers. Notwithstanding any other provisions of this chapter, any person469 |
|---|
| 536 | 492 | | who holds a valid master plumber license or any company which holds a valid utility470 |
|---|
| 537 | 493 | | contractor license shall be qualified to construct, alter, or repair any plumbing system471 |
|---|
| 538 | 494 | | which extends from the property line up to but not within five feet of any building,472 |
|---|
| 539 | 495 | | structure, or conveyance, regardless of the cost or depth of any such plumbing system;473 |
|---|
| 540 | 496 | | provided, however, that only persons who hold a valid license to engage in plumbing474 |
|---|
| 541 | 497 | | under this chapter shall be qualified to construct, alter, or repair any plumbing system475 |
|---|
| 542 | 498 | | within five feet of any building, structure, or conveyance.476 |
|---|
| 543 | 499 | | (2) No person shall engage in the business of plumbing contracting as a journeyman477 |
|---|
| 544 | 500 | | master plumber unless such person has a valid license from the Division of Master478 |
|---|
| 545 | 501 | | Plumbers and Journeyman Plumbers. A person that is not licensed as a Master Plumber479 |
|---|
| 546 | 502 | | Class 1 or a Master Plumber Class II shall be prohibited from advertising in any manner480 |
|---|
| 547 | 503 | | that such person is in the business or profession of plumbing contracting.481 |
|---|
| 548 | 504 | | (3) A person who does not have a valid license from the Division of Master Plumbers482 |
|---|
| 549 | 505 | | and Journeyman Plumbers shall be prohibited from advertising in any manner that such483 |
|---|
| 550 | 506 | | person is in the business or profession of plumbing as a master plumber or journeyman484 |
|---|
| 551 | 507 | | plumber unless such person is licensed by the Division of Master Plumbers and485 |
|---|
| 552 | 508 | | Journeyman Plumbers and unless the work is performed by a licensed plumber.486 |
|---|
| 553 | 509 | | (c)(1) No person shall engage in the business of conditioned air contracting as a487 |
|---|
| 554 | 510 | | conditioned air contractor unless such person has a valid conditioned air contractor488 |
|---|
| 555 | 511 | | license from the Division of Conditioned Air Contractors.489 |
|---|
| 558 | 513 | | (2) A person who that is not licensed as a conditioned air contractor shall be prohibited490 |
|---|
| 559 | 514 | | from advertising in any manner that such person is in the business or profession of a491 |
|---|
| 560 | 515 | | conditioned air contractor unless the work is performed by a licensed conditioned air492 |
|---|
| 561 | 516 | | contractor.493 |
|---|
| 562 | 517 | | (d)(1) No person shall engage in low voltage contracting unless such person has a valid494 |
|---|
| 563 | 518 | | license from the Division of Low Voltage Contractors; provided, however, that:495 |
|---|
| 564 | 519 | | (A) An employee of a low voltage contractor who receives only a salary or hourly496 |
|---|
| 565 | 520 | | wage for performing low voltage contracting work may but shall not be required to be497 |
|---|
| 566 | 521 | | licensed under this chapter to perform such low voltage contracting work, except that498 |
|---|
| 567 | 522 | | those employees upon whom the qualification of a partnership, limited liability499 |
|---|
| 568 | 523 | | company, or corporation rests as provided for in Code Section 43-14-9 shall be required500 |
|---|
| 569 | 524 | | to be licensed; and501 |
|---|
| 570 | 525 | | (B) Tier 2 local exchange companies, as such term is set forth in subparagraph (B) of502 |
|---|
| 571 | 526 | | paragraph (10) of Code Section 46-5-162, as well as any affiliates or subsidiaries of503 |
|---|
| 572 | 527 | | such companies, may but shall not be required to be licensed under this chapter to504 |
|---|
| 573 | 528 | | engage in low voltage contracting.505 |
|---|
| 574 | 529 | | (2) Except as provided in paragraph (1) of this subsection, a person that is not licensed506 |
|---|
| 575 | 530 | | as a low voltage contractor shall be prohibited from advertising in any manner that such507 |
|---|
| 576 | 531 | | person is in the business or profession of a low voltage contractor unless the work is508 |
|---|
| 577 | 532 | | performed by a licensed low voltage contractor.509 |
|---|
| 578 | 533 | | (d)(e) Notwithstanding any other provision of this chapter, prior to and including510 |
|---|
| 579 | 534 | | September 30, 1983, the following persons, desiring to qualify under the provisions stated511 |
|---|
| 580 | 535 | | in this subsection, shall be issued a state-wide license without restriction by the appropriate512 |
|---|
| 581 | 536 | | division of the State Construction Industry Licensing Board, provided that such individual513 |
|---|
| 582 | 537 | | submits proper application and pays or has paid the required fees and is not otherwise in514 |
|---|
| 583 | 538 | | violation of this chapter:515 |
|---|
| 588 | 541 | | Board, prior to the effective date of this chapter;517 |
|---|
| 589 | 542 | | (2) Any individual holding a license issued by the State Board of Electrical Contractors,518 |
|---|
| 590 | 543 | | the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air519 |
|---|
| 591 | 544 | | Heating Contractors;520 |
|---|
| 592 | 545 | | (3) Any individual holding a license to engage in such vocation issued to him or her by521 |
|---|
| 593 | 546 | | any governing authority of any political subdivision; and522 |
|---|
| 594 | 547 | | (4) Any individual who has successfully and efficiently engaged in such vocation in a523 |
|---|
| 595 | 548 | | local jurisdiction, which did not issue local licenses, for a period of at least two524 |
|---|
| 596 | 549 | | consecutive years immediately prior to the time of application. To prove that he or she525 |
|---|
| 597 | 550 | | has successfully engaged in said vocation, the individual shall only be required to give526 |
|---|
| 598 | 551 | | evidence of three successful jobs completed over such period. Such applicant shall swear527 |
|---|
| 599 | 552 | | before a notary public that such evidence is true and accurate prior to its submission to528 |
|---|
| 600 | 553 | | the division.529 |
|---|
| 603 | 555 | | qualifications of applicants taking the required examination shall, in the absence of fraud,531 |
|---|
| 604 | 556 | | be conclusive. All individuals, partnerships, limited liability companies, or corporations532 |
|---|
| 605 | 557 | | desiring to engage in such vocation after September 30, 1983, a business licensed under533 |
|---|
| 606 | 558 | | this chapter shall take the examination and qualify under this chapter before engaging in534 |
|---|
| 607 | 559 | | such vocation or business, including such vocation at the local level.535 |
|---|
| 608 | 560 | | (f)(g) No partnership, limited liability company, or corporation shall have the right to536 |
|---|
| 609 | 561 | | engage in the business of electrical contracting unless there is regularly connected with537 |
|---|
| 610 | 562 | | such partnership, limited liability company, or corporation a person or persons actually538 |
|---|
| 611 | 563 | | actively engaged in the performance of such business on a full-time basis who have valid539 |
|---|
| 612 | 564 | | licenses issued to them as provided for in this chapter; provided, however, that partners,540 |
|---|
| 613 | 565 | | officers, and employees of any individual who fulfilled the licensing requirements shall541 |
|---|
| 614 | 566 | | continue to be authorized to engage in the business of electrical contracting under a license542 |
|---|
| 617 | 568 | | which was valid at the time of the licensee's death for a period of 90 days from the date of543 |
|---|
| 618 | 569 | | such death. The division may, at its discretion, upon application by the electrical contractor544 |
|---|
| 619 | 570 | | showing good cause, grant one additional 90 day grace period.545 |
|---|
| 620 | 571 | | (g)(h) No partnership, limited liability company, or corporation shall have the right to546 |
|---|
| 621 | 572 | | engage in the business of plumbing unless there is regularly connected with such547 |
|---|
| 622 | 573 | | partnership, limited liability company, or corporation a person or persons actually actively548 |
|---|
| 623 | 574 | | engaged in the performance of such business on a full-time basis who have valid licenses549 |
|---|
| 624 | 575 | | for master plumbers issued to them as provided in this chapter; provided, however, that550 |
|---|
| 625 | 576 | | partners, officers, and employees of any individual who fulfilled the licensing requirements551 |
|---|
| 626 | 577 | | shall continue to be authorized to engage in the business of plumbing contracting under a552 |
|---|
| 627 | 578 | | license which was valid at the time of the licensee's death for a period of 90 days from the553 |
|---|
| 628 | 579 | | date of such death. The division may, at its discretion, upon application by the plumbing554 |
|---|
| 629 | 580 | | contractor showing good cause, grant one additional 90 day grace period.555 |
|---|
| 630 | 581 | | (h)(i) No partnership, limited liability company, or corporation shall have the right to556 |
|---|
| 631 | 582 | | engage in the business of conditioned air contracting unless there is regularly connected557 |
|---|
| 632 | 583 | | with such partnership, limited liability company, or corporation a person or persons558 |
|---|
| 633 | 584 | | actually actively engaged in the performance of such business on a full-time basis who559 |
|---|
| 634 | 585 | | have valid licenses issued to them as provided for in this chapter; provided, however, that560 |
|---|
| 635 | 586 | | partners, officers, and employees of the individual who fulfilled the licensing requirements561 |
|---|
| 636 | 587 | | shall continue to be authorized to engage in the business of conditioned air contracting562 |
|---|
| 637 | 588 | | under a license which was valid at the time of the licensee's death for a period of 90 days563 |
|---|
| 638 | 589 | | following from the date of such death. The division may, at its discretion, upon application564 |
|---|
| 639 | 590 | | by the conditioned air contractor showing good cause, grant one additional 90 day grace565 |
|---|
| 640 | 591 | | period.566 |
|---|
| 641 | 592 | | (j) Partnerships, limited liability companies, or corporations having more than one office567 |
|---|
| 642 | 593 | | location from which conditioned air contracting is performed shall have at least one person568 |
|---|
| 643 | 594 | | stationed in each branch office of such partnership, limited liability company, or569 |
|---|
| 646 | 596 | | corporation who is engaged in the performance of conditioned air contracting on a full-time570 |
|---|
| 647 | 597 | | basis; who is supervising the installation, repair, alteration, and service work of571 |
|---|
| 648 | 598 | | air-conditioning and heating systems of all employees of such branch office locations; and572 |
|---|
| 649 | 599 | | who has a valid license issued as provided in this Code section.573 |
|---|
| 650 | 600 | | (i)(k) It shall be the duty of all partnerships, limited liability companies, and corporations574 |
|---|
| 651 | 601 | | qualified under this chapter to notify the appropriate division immediately within seven575 |
|---|
| 652 | 602 | | days of the severance of connection with such partnership, limited liability company, or576 |
|---|
| 653 | 603 | | corporation of any person or persons upon whom such qualification rested.577 |
|---|
| 654 | 604 | | (j)(l) Applicants All applicants for examinations and licenses provided for by this chapter578 |
|---|
| 655 | 605 | | and all any applicants for renewal of licenses under this chapter shall be required to fill out579 |
|---|
| 656 | 606 | | a form which shall be provided by each division, showing whether or not complete a580 |
|---|
| 657 | 607 | | division approved form on which the applicant will:581 |
|---|
| 658 | 608 | | (1) Indicate if the applicant is an individual, partnership, limited liability company, or582 |
|---|
| 659 | 609 | | corporation; and, if583 |
|---|
| 660 | 610 | | (2) If the applicant is a partnership, limited liability company, or corporation, provide the584 |
|---|
| 661 | 611 | | names and addresses of the partners or members or the names and addresses of the585 |
|---|
| 662 | 612 | | officers, when and where formed or incorporated, and such other information as the board586 |
|---|
| 663 | 613 | | or each division may require.; and587 |
|---|
| 664 | 614 | | (3) If the renewal is for All forms of applications for renewal of licenses shall also show588 |
|---|
| 665 | 615 | | whether or not the applicant, if it is a partnership, limited liability company, or589 |
|---|
| 666 | 616 | | corporation, still has connected with it indicate whether a duly qualified person holding590 |
|---|
| 667 | 617 | | a license issued by the division is still connected with such entity.591 |
|---|
| 668 | 618 | | (k) The board shall notify each local governing authority of the provisions of this chapter592 |
|---|
| 669 | 619 | | relating to licensure, especially the provisions of subsection (d) of this Code section. The593 |
|---|
| 670 | 620 | | board shall notify such governing authorities that after September 30, 1983, any person594 |
|---|
| 671 | 621 | | desiring a license to engage in a profession covered by this chapter shall be required to pass595 |
|---|
| 672 | 622 | | an examination as provided in this chapter.596 |
|---|
| 675 | 624 | | (l)(m) Applicants who have a failing examination score on two consecutive testing597 |
|---|
| 676 | 625 | | attempts within the approved testing time frame Any applicant for licensure standing the598 |
|---|
| 677 | 626 | | examination on and after July 1, 1989, who fails the examination for licensure twice after599 |
|---|
| 678 | 627 | | such date shall be required to present satisfactory evidence to the appropriate division that600 |
|---|
| 679 | 628 | | the applicant has completed a board approved review course before such applicant will be601 |
|---|
| 680 | 629 | | admitted to a third examination approved to take the examination again. If such applicant602 |
|---|
| 681 | 630 | | fails the examination a third time, the applicant shall not be required to complete additional603 |
|---|
| 682 | 631 | | board approved review courses prior to taking subsequent examinations.604 |
|---|
| 683 | 632 | | 43-14-8.1 43-14-9.605 |
|---|
| 684 | 633 | | (a) For purposes of this Code section only, 'division' means the 'Division of Low-voltage606 |
|---|
| 685 | 634 | | Low Voltage Contractors.'607 |
|---|
| 686 | 635 | | (b) No person shall engage in alarm system, general system, or telecommunication system608 |
|---|
| 687 | 636 | | low-voltage low voltage contracting unless such person has a valid license therefor from609 |
|---|
| 688 | 637 | | the Division of Low-voltage Low Voltage Contracting.610 |
|---|
| 689 | 638 | | (c)(1) Prior to January 1, 1985, any Any person desiring to qualify under the provisions611 |
|---|
| 690 | 639 | | of this subsection who meets the requirements of this subsection, submits proper612 |
|---|
| 691 | 640 | | application prior to and including December 31, 1984, and pays or has paid the required613 |
|---|
| 692 | 641 | | fees and is not otherwise in violation of this chapter shall be issued a state-wide614 |
|---|
| 693 | 642 | | Low-voltage Low Voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license615 |
|---|
| 694 | 643 | | without examination.616 |
|---|
| 695 | 644 | | (2) An individual desiring to obtain Low-voltage Low Voltage Contractor Class LV-T617 |
|---|
| 696 | 645 | | shall submit to the division an affidavit which outlines the experience of said individual618 |
|---|
| 697 | 646 | | in the practice of low-voltage low voltage wiring relating to telecommunication systems.619 |
|---|
| 698 | 647 | | (3) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-A620 |
|---|
| 699 | 648 | | license shall submit to the division an affidavit which outlines the experience of said621 |
|---|
| 700 | 649 | | individual in the practice of low-voltage low voltage wiring relating to alarm systems.622 |
|---|
| 703 | 651 | | (4) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-G623 |
|---|
| 704 | 652 | | license shall submit to the division an affidavit which outlines the experience of said624 |
|---|
| 705 | 653 | | individual in the practice of low-voltage low voltage wiring relating to general systems. 625 |
|---|
| 706 | 654 | | Each such affidavit for licensure shall describe in detail the installation of at least three626 |
|---|
| 707 | 655 | | complete low-voltage wiring jobs which shall demonstrate that the individual has627 |
|---|
| 708 | 656 | | successfully performed low-voltage wiring in the area of licensure requested for a period628 |
|---|
| 709 | 657 | | of at least one year immediately prior to the time of application.629 |
|---|
| 710 | 658 | | (5) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-U630 |
|---|
| 711 | 659 | | license shall submit to the division an affidavit which outlines the experience of said631 |
|---|
| 712 | 660 | | individual in the practice of low-voltage low voltage wiring relating to alarm and632 |
|---|
| 713 | 661 | | telecommunication systems and which describes in detail the installation of at least six633 |
|---|
| 714 | 662 | | complete low-voltage low voltage wiring jobs, three in alarm and three in634 |
|---|
| 715 | 663 | | telecommunication systems, which shall demonstrate that the individual has successfully635 |
|---|
| 716 | 664 | | performed low-voltage low voltage wiring in those areas for a period of at least one year636 |
|---|
| 717 | 665 | | immediately prior to the time of application.637 |
|---|
| 718 | 666 | | (6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection638 |
|---|
| 719 | 667 | | shall describe in detail the installation of at least three complete low voltage wiring jobs639 |
|---|
| 720 | 668 | | which shall demonstrate that the individual has successfully performed low voltage640 |
|---|
| 721 | 669 | | wiring in the area of licensure requested for a period of at least one year prior to the time641 |
|---|
| 722 | 670 | | of application.642 |
|---|
| 723 | 671 | | (d) The decision of the division as to the necessity of taking the examination or as to the643 |
|---|
| 724 | 672 | | qualifications of applicants taking the required examination shall, in the absence of fraud,644 |
|---|
| 725 | 673 | | be conclusive. All individuals, individuals serving as partners in partnerships, applicants645 |
|---|
| 726 | 674 | | for limited liability companies, or applicants for corporations desiring to engage in the646 |
|---|
| 727 | 675 | | vocation of low-voltage low voltage contracting after December 31, 1984, shall take the647 |
|---|
| 728 | 676 | | examination and qualify under this Code section before engaging in such vocation.648 |
|---|
| 735 | 680 | | with such partnership, limited liability company, or corporation a person or persons,651 |
|---|
| 736 | 681 | | actually actively engaged in the performance of such business on a full-time basis and652 |
|---|
| 737 | 682 | | supervising the low-voltage low voltage systems installation, repair, alteration, and service653 |
|---|
| 738 | 683 | | work of all employees of such partnership, limited liability company, or corporation, who654 |
|---|
| 739 | 684 | | have valid licenses issued to them as provided in this chapter; provided, however, that655 |
|---|
| 740 | 685 | | partners, officers, and employees of any individual who fulfilled the licensing requirements656 |
|---|
| 741 | 686 | | shall continue to be authorized to engage in the business of low voltage contracting under657 |
|---|
| 742 | 687 | | a license which was valid at the time of the licensee's death for a period of 90 days from658 |
|---|
| 743 | 688 | | the date of such death. The division may, at its discretion, upon application by the low659 |
|---|
| 744 | 689 | | voltage contractor showing good cause, grant one additional 90 day grace period.660 |
|---|
| 745 | 690 | | (f) Partnerships, limited liability companies, or corporations having In cases where a661 |
|---|
| 746 | 691 | | partnership, limited liability company, or corporation has more than one office location662 |
|---|
| 747 | 692 | | from which low-voltage low voltage contracting is performed, shall have at least one663 |
|---|
| 748 | 693 | | person stationed in each branch office of such partnership, limited liability company, or664 |
|---|
| 749 | 694 | | corporation, who is engaged in the performance of low-voltage low voltage contracting on665 |
|---|
| 750 | 695 | | a full-time basis and; who is supervising the low-voltage low voltage wiring systems666 |
|---|
| 751 | 696 | | installation, repair, alteration, and service work of all employees of such branch office667 |
|---|
| 752 | 697 | | locations, shall have; and who has a valid license issued as provided in this Code section.668 |
|---|
| 753 | 698 | | (f) It shall be the duty of all partnerships, limited liability companies, and corporations669 |
|---|
| 754 | 699 | | qualified under this Code section to notify the division, in accordance with board rules, of670 |
|---|
| 755 | 700 | | severance of connection with such partnership, limited liability company, or corporation671 |
|---|
| 756 | 701 | | of any person or persons upon whom the qualification of any such partnership, limited672 |
|---|
| 757 | 702 | | liability company, or corporation rested.673 |
|---|
| 758 | 703 | | (g) All applicants for examinations and licenses provided for by this Code section and all674 |
|---|
| 759 | 704 | | applicants for renewal of licenses under this Code section shall be required to fill out a675 |
|---|
| 762 | 706 | | form which shall be provided by the division, which form shall show whether or not the676 |
|---|
| 763 | 707 | | applicant is an individual, partnership, limited liability company, or corporation and, if a677 |
|---|
| 764 | 708 | | partnership, limited liability company, or corporation, the names and addresses of the678 |
|---|
| 765 | 709 | | partners or members or the names and addresses of the officers, when and where formed679 |
|---|
| 766 | 710 | | or incorporated, and such other information as the division in its discretion may require. 680 |
|---|
| 767 | 711 | | All forms of application for renewal of licenses shall also show whether or not the681 |
|---|
| 768 | 712 | | applicant, if it is a partnership, limited liability company, or corporation, still has connected682 |
|---|
| 769 | 713 | | with it a duly qualified person holding a license issued by the division.683 |
|---|
| 770 | 714 | | (h) The division shall notify each local governing authority of the provisions of this684 |
|---|
| 771 | 715 | | chapter relating to licensure, especially the provisions of subsection (b) of this Code685 |
|---|
| 772 | 716 | | section. The division shall notify such governing authorities that after December 31, 1984,686 |
|---|
| 773 | 717 | | any person desiring a license to engage in the vocation of low-voltage contracting shall be687 |
|---|
| 774 | 718 | | required to pass an examination as provided in this chapter.688 |
|---|
| 775 | 719 | | 43-14-8.2 43-14-10.689 |
|---|
| 776 | 720 | | (a) For purposes of this Code section only, 'division' means the 'Division of Utility690 |
|---|
| 777 | 721 | | Contractors.'691 |
|---|
| 778 | 722 | | (b)(1) After June 30, 1994, no No sole proprietorship, partnership, or corporation shall692 |
|---|
| 779 | 723 | | have the right to engage in the business of utility contracting unless:693 |
|---|
| 780 | 724 | | (A) Such such business holds a utility contractor license; and694 |
|---|
| 781 | 725 | | (B) There there is regularly connected with such business a person or persons who695 |
|---|
| 782 | 726 | | holds a valid utility manager certificate issued under this chapter, and such. Such utility696 |
|---|
| 783 | 727 | | manager must be actually actively engaged in the performance of such business on a697 |
|---|
| 784 | 728 | | full-time basis and must oversee the utility contracting work of all employees of the698 |
|---|
| 785 | 729 | | business.699 |
|---|
| 786 | 730 | | (2) If In cases where a sole proprietorship, partnership, or corporation has more than one700 |
|---|
| 787 | 731 | | permanent office, then each permanent office shall be registered with the division and at701 |
|---|
| 796 | 737 | | license issued by the State Construction Industry Licensing Board, or any division706 |
|---|
| 797 | 738 | | thereof, pursuant to this chapter, from performing any work defined in the Code section707 |
|---|
| 798 | 739 | | or sections under which the license held by said person was issued.708 |
|---|
| 799 | 740 | | (c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued709 |
|---|
| 800 | 741 | | a utility contractor license under the provisions of this subsection shall:710 |
|---|
| 801 | 742 | | (1) Submit a completed application to the division on the form provided indicating:711 |
|---|
| 802 | 743 | | (A) The names and addresses of proprietor, partners, or officers of such applicant;712 |
|---|
| 803 | 744 | | (B) The place and date such partnership was formed or such corporation was713 |
|---|
| 804 | 745 | | incorporated; and714 |
|---|
| 805 | 746 | | (C) The name of the qualifying utility manager holding a current certificate who is715 |
|---|
| 806 | 747 | | employed for each permanent office location of the business from which utility716 |
|---|
| 807 | 748 | | contracting is performed;717 |
|---|
| 808 | 749 | | (2) Submit its safety policy which must meet the minimum standards established by the718 |
|---|
| 809 | 750 | | board;719 |
|---|
| 810 | 751 | | (3) Pay or have paid the required fees; and720 |
|---|
| 811 | 752 | | (4) Not be otherwise in violation of this chapter.721 |
|---|
| 812 | 753 | | (d) The decision of the division as to the qualifications of applicants shall, in the absence722 |
|---|
| 813 | 754 | | of fraud, be conclusive.723 |
|---|
| 814 | 755 | | (e) It shall be the duty of the utility manager certificate holders and the licensed utility724 |
|---|
| 815 | 756 | | contractor to notify the division, in accordance with board rules, of the severance of725 |
|---|
| 816 | 757 | | connection between such utility contractor and the utility manager certificate holder or726 |
|---|
| 817 | 758 | | holders upon whom the qualification of the utility contractor rested.727 |
|---|
| 825 | 763 | | employment of the utility manager certificate holder, the division shall grant the utility731 |
|---|
| 826 | 764 | | contractor a 90 day grace period in which to employ a utility manager certificate holder to732 |
|---|
| 827 | 765 | | oversee its utility contracting work before any action may be taken by the division to733 |
|---|
| 828 | 766 | | revoke the utility contractor's license. The division may, at its discretion, upon application734 |
|---|
| 829 | 767 | | by the utility contractor showing good cause, grant one additional 90 day grace period. 735 |
|---|
| 830 | 768 | | Grace periods totaling not more than 180 days may be granted during any two-year period. 736 |
|---|
| 831 | 769 | | Failure to have employed a utility manager certificate holder to oversee the utility737 |
|---|
| 832 | 770 | | contracting work of the utility contractor shall be grounds for the revocation or suspension738 |
|---|
| 833 | 771 | | of the utility contractor license after a notice of hearing.739 |
|---|
| 834 | 772 | | (g) All applicants for renewal of utility contractor licenses provided for by this Code740 |
|---|
| 835 | 773 | | section shall be required to submit with the required fee a completed application on a form741 |
|---|
| 836 | 774 | | provided by the division.742 |
|---|
| 837 | 775 | | (h) It shall be unlawful for any person to contract with any other person for the743 |
|---|
| 838 | 776 | | performance of utility contracting work who is known by such person not to have a current,744 |
|---|
| 839 | 777 | | valid license as a utility contractor pursuant to this chapter.745 |
|---|
| 840 | 778 | | 43-14-8.3 43-14-11.746 |
|---|
| 841 | 779 | | (a) After June 30, 1994, no No person may be employed as a utility manager unless that747 |
|---|
| 842 | 780 | | person holds a current utility manager certificate issued by the Division of Utility748 |
|---|
| 843 | 781 | | Contractors.749 |
|---|
| 844 | 782 | | (b) The division shall certify all applicants for certification under this chapter who satisfy750 |
|---|
| 845 | 783 | | the requirements of this chapter and the rules and regulations promulgated under this751 |
|---|
| 846 | 784 | | chapter. Persons wishing to qualify for utility manager certification shall submit a752 |
|---|
| 847 | 785 | | completed application form documenting required experience and other qualifications as753 |
|---|
| 850 | 787 | | prescribed by the board with the required fees, and shall pass an examination, and. In order754 |
|---|
| 851 | 788 | | to obtain a utility manager certificate, an applicant must submit proof of completion of a755 |
|---|
| 852 | 789 | | board approved safety training course of safety training in utility contracting approved by756 |
|---|
| 853 | 790 | | the division. In order to continue to hold such certificate, the certificate holder must757 |
|---|
| 854 | 791 | | present proof to the division of completion of a safety training course approved by the758 |
|---|
| 855 | 792 | | division at least every two years from the date of the completion of the initial safety759 |
|---|
| 856 | 793 | | training course.760 |
|---|
| 857 | 794 | | (c) An applicant may request an oral administration of the examination.761 |
|---|
| 858 | 795 | | 43-14-8.4 43-14-12.762 |
|---|
| 859 | 796 | | (a) After June 30, 1994, no No person may be employed as a utility foreman unless that763 |
|---|
| 860 | 797 | | person holds a current utility foreman certificate issued by the Division of Utility764 |
|---|
| 861 | 798 | | Contractors.765 |
|---|
| 862 | 799 | | (b) The division shall certify all applicants for certification under this chapter who satisfy766 |
|---|
| 863 | 800 | | the requirements of this chapter and the rules and regulations promulgated under this767 |
|---|
| 864 | 801 | | chapter. One requirement for such certification shall be the successful completion of a768 |
|---|
| 865 | 802 | | board approved safety training course of safety training in utility contracting approved by769 |
|---|
| 866 | 803 | | the division. In order to continue to hold such certificate, the certificate holder must submit770 |
|---|
| 867 | 804 | | proof to the division of completion of a safety training course approved by the division at771 |
|---|
| 868 | 805 | | least every two years from the date of the completion of the initial safety training course. 772 |
|---|
| 869 | 806 | | In lieu of safety training any person desiring to be issued a utility foreman certificate may773 |
|---|
| 870 | 807 | | submit a completed application on or before December 31, 1994, which documents to the774 |
|---|
| 871 | 808 | | satisfaction of the division at least two years of experience as a utility foreman during the775 |
|---|
| 872 | 809 | | period between January 1, 1984, and June 30, 1994. Any person who does not submit a776 |
|---|
| 873 | 810 | | completed application for certification on or before December 31, 1994, must complete the777 |
|---|
| 874 | 811 | | required safety training in order to be certified.778 |
|---|
| 877 | 813 | | (c) After June 30, 1994, no No utility system shall be constructed, erected, altered, or779 |
|---|
| 878 | 814 | | repaired unless a certified utility manager or certified utility foreman who holds a current780 |
|---|
| 879 | 815 | | certification is present at the job site of such construction, erection, alteration, or repair of781 |
|---|
| 880 | 816 | | the utility system.782 |
|---|
| 881 | 817 | | 43-14-9 43-14-13.783 |
|---|
| 882 | 818 | | (a) Every person holding a license issued by a division of the board shall display it in a784 |
|---|
| 883 | 819 | | conspicuous manner at his or her place of business.785 |
|---|
| 884 | 820 | | (b) All commercial vehicles used by licensees and certificate holders exclusively in the786 |
|---|
| 885 | 821 | | daily operation of their business shall have prominently displayed thereon the company or787 |
|---|
| 886 | 822 | | business registration or certificate number issued by the Secretary of State's office. Such788 |
|---|
| 887 | 823 | | registration number or certificate number, or website address where such number can be789 |
|---|
| 888 | 824 | | found, shall also be prominently displayed on any advertising in telephone yellow pages790 |
|---|
| 889 | 825 | | and newspapers relating to work which a licensee or certificate holder purports to have the791 |
|---|
| 890 | 826 | | capacity to perform. Said registration or certificate number shall also be printed on all792 |
|---|
| 891 | 827 | | invoices and proposal forms.793 |
|---|
| 892 | 828 | | 43-14-10 43-14-14.794 |
|---|
| 893 | 829 | | This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia795 |
|---|
| 894 | 830 | | Administrative Procedure Act.'796 |
|---|
| 895 | 831 | | 43-14-11 43-14-15.797 |
|---|
| 896 | 832 | | Whenever it shall appear to a division of the board or to the executive director or to a798 |
|---|
| 897 | 833 | | county or municipal inspection authority that any person is or has been violating this799 |
|---|
| 898 | 834 | | chapter or any of the lawful rules, regulations, or orders of the board, the division of the800 |
|---|
| 899 | 835 | | board, the local inspection authority, or the appropriate prosecuting attorney may file a801 |
|---|
| 900 | 836 | | petition for an injunction in the proper superior court of this state against such person for802 |
|---|
| 910 | 843 | | (a) Any municipal or county inspection authority which meets the standards established808 |
|---|
| 911 | 844 | | by the board shall be authorized, after notice and hearing, to suspend the license or809 |
|---|
| 912 | 845 | | certificate of competency of, or refuse to restore a license or certificate of competency to,810 |
|---|
| 913 | 846 | | any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code811 |
|---|
| 914 | 847 | | Section 43-14-6; provided, however, that such suspension of a license by a local inspection812 |
|---|
| 915 | 848 | | authority shall be applicable only within the jurisdiction of such local authority. Any813 |
|---|
| 916 | 849 | | person aggrieved by an action of a local authority shall be entitled to an appeal to the814 |
|---|
| 917 | 850 | | appropriate division of the board and shall be entitled to a hearing.815 |
|---|
| 918 | 851 | | (b)(1) This chapter shall not be construed to prohibit the governing authority of any816 |
|---|
| 919 | 852 | | county or municipality in the state from adopting and enforcing codes at the local level;817 |
|---|
| 920 | 853 | | provided, however, that no county or municipality may require any licensed conditioned818 |
|---|
| 921 | 854 | | air contractor or licensed plumber who has executed and deposited a bond as authorized819 |
|---|
| 922 | 855 | | in paragraph (2) of this subsection to give or furnish or execute any code compliance820 |
|---|
| 923 | 856 | | bond or similar bond for the purpose of ensuring that all construction, installation, or821 |
|---|
| 924 | 857 | | modifications are made or completed in compliance with the county or municipal822 |
|---|
| 925 | 858 | | ordinances or building and construction codes.823 |
|---|
| 926 | 859 | | (2) In order to protect the public from damages arising from any work by a licensed824 |
|---|
| 927 | 860 | | conditioned air contractor or licensed plumber, which work fails to comply with the825 |
|---|
| 928 | 861 | | ordinances or building and construction codes adopted by any county or municipal826 |
|---|
| 929 | 862 | | corporation, any such licensed conditioned air contractor or licensed plumber may827 |
|---|
| 930 | 863 | | execute and deposit with the judge of the probate court in the county of his or her828 |
|---|
| 935 | 866 | | bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds830 |
|---|
| 936 | 867 | | in the State of Georgia and shall be approved by the judge of the probate court. Such831 |
|---|
| 937 | 868 | | bond shall be conditioned upon all work done or supervised by such licensee complying832 |
|---|
| 938 | 869 | | with the provisions of any ordinances or building and construction codes of any county833 |
|---|
| 939 | 870 | | or municipal corporation wherein the work is performed. Action on such bond may be834 |
|---|
| 940 | 871 | | brought against the principal and surety thereon in the name of and for the benefit of any835 |
|---|
| 941 | 872 | | person who suffers damages as a consequence of said licensee's work not conforming to836 |
|---|
| 942 | 873 | | the requirements of any ordinances or building and construction codes; provided,837 |
|---|
| 943 | 874 | | however, that the aggregate liability of the surety to all persons so damaged shall in no838 |
|---|
| 944 | 875 | | event exceed the sum of such bond.839 |
|---|
| 945 | 876 | | (3) In any case where a bond is required under this subsection, the conditioned air840 |
|---|
| 946 | 877 | | contractor or plumber shall file a copy of the bond with the building official in the841 |
|---|
| 947 | 878 | | political subdivision wherein the work is being performed.842 |
|---|
| 948 | 879 | | (4) The provisions of this subsection shall not apply to or affect any bonding843 |
|---|
| 949 | 880 | | requirements involving contracts for public works as provided in Chapter 10 of Title 13.844 |
|---|
| 950 | 881 | | (c) No provision of this chapter shall be construed as prohibiting or preventing a845 |
|---|
| 951 | 882 | | municipality or county from fixing, charging, assessing, or collecting any license fee,846 |
|---|
| 952 | 883 | | registration fee, tax, or gross receipt tax on any related business or on anyone engaged in847 |
|---|
| 953 | 884 | | any related business governed by this chapter.848 |
|---|
| 967 | 894 | | such person is in the business or profession of a conditioned air contractor, plumbing857 |
|---|
| 968 | 895 | | contractor, or electrical contractor or advertises in a manner such that the general public858 |
|---|
| 969 | 896 | | would believe that such person is a licensed conditioned air contractor or in the business859 |
|---|
| 970 | 897 | | or profession of a conditioned air contractor, is a licensed plumbing contractor in the860 |
|---|
| 971 | 898 | | business or profession of a plumbing contractor, or is a licensed electrical contractor in the861 |
|---|
| 972 | 899 | | business or profession of an electrical contractor. Advertising under this subsection862 |
|---|
| 973 | 900 | | includes, but is not limited to, newspaper, internet, social media and digital applications,863 |
|---|
| 974 | 901 | | television, radio, telephone directory listings, mailings, business cards, or sign at signage864 |
|---|
| 975 | 902 | | at a place of business or attached to a vehicle.865 |
|---|
| 976 | 903 | | (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,866 |
|---|
| 977 | 904 | | the board may issue a cease and desist order prohibiting any person from violating the867 |
|---|
| 978 | 905 | | provisions of this chapter by engaging in the business or profession of a conditioned air868 |
|---|
| 979 | 906 | | contractor, plumbing contractor, or electrical contractor without a license as required under869 |
|---|
| 980 | 907 | | this chapter.870 |
|---|
| 981 | 908 | | (d) The violation of any cease and desist order of the board issued under subsection (c) of871 |
|---|
| 982 | 909 | | this Code section shall subject the person violating the order to further proceedings before872 |
|---|
| 983 | 910 | | the board, and the board shall be authorized to impose a fine not to exceed $500.00873 |
|---|
| 984 | 911 | | $1,500.00 for each violation thereof. Each day that a person practices in violation of this874 |
|---|
| 985 | 912 | | Code section and chapter shall constitute a separate violation.875 |
|---|
| 986 | 913 | | (e) Nothing in this Code section shall be construed to prohibit the board from seeking876 |
|---|
| 987 | 914 | | remedies otherwise available by statute without first seeking a cease and desist order in877 |
|---|
| 988 | 915 | | accordance with the provisions of this Code section.878 |
|---|
| 991 | 917 | | 43-14-12.2 43-14-18.879 |
|---|
| 992 | 918 | | (a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4 43-14-10,880 |
|---|
| 993 | 919 | | 43-14-11, or 43-14-12, it shall not be necessary for an investigator to observe or witness881 |
|---|
| 994 | 920 | | the unlicensed person engaged illegally in the process of work or to show work in progress882 |
|---|
| 995 | 921 | | or work completed in order to prove the unlawful practice of utility contracting by an883 |
|---|
| 996 | 922 | | unlicensed person.884 |
|---|
| 997 | 923 | | (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed885 |
|---|
| 998 | 924 | | as a utility contractor advertises that such person is in the business or profession of a utility886 |
|---|
| 999 | 925 | | contractor or advertises in a manner such that the general public would believe that such887 |
|---|
| 1000 | 926 | | person is a licensed utility contractor or in the business or profession of a utility contractor. 888 |
|---|
| 1001 | 927 | | Advertising under this subsection includes, but is not limited to, newspaper, television, or889 |
|---|
| 1002 | 928 | | radio advertisements, telephone directory listings, mailings, business cards, or a sign or890 |
|---|
| 1003 | 929 | | signs at a place of business or attached to a vehicle.891 |
|---|
| 1004 | 930 | | (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,892 |
|---|
| 1005 | 931 | | the board may issue a cease and desist order prohibiting any person from violating the893 |
|---|
| 1006 | 932 | | provisions of this chapter by engaging in the business or profession of a utility contractor894 |
|---|
| 1007 | 933 | | without a license as required under this chapter or by constructing, erecting, altering, or895 |
|---|
| 1008 | 934 | | repairing a utility system without a properly certified utility manager or properly certified896 |
|---|
| 1009 | 935 | | utility foreman present at such job site.897 |
|---|
| 1010 | 936 | | (d) The violation of any cease and desist order of the board issued under subsection (c) of898 |
|---|
| 1011 | 937 | | this Code section shall subject the person violating the order to further proceedings before899 |
|---|
| 1012 | 938 | | the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for900 |
|---|
| 1013 | 939 | | each violation thereof. Each day that a person practices in violation of this Code section901 |
|---|
| 1014 | 940 | | and chapter or constructs, erects, alters, or repairs a utility system without a properly902 |
|---|
| 1015 | 941 | | certified utility manager or properly certified utility foreman present at such job site shall903 |
|---|
| 1016 | 942 | | constitute a separate violation.904 |
|---|
| 1025 | 948 | | (a) This chapter shall apply to all installations, alterations, and repairs of plumbing,909 |
|---|
| 1026 | 949 | | air-conditioning and heating, or electrical or low-voltage low voltage wiring or utility910 |
|---|
| 1027 | 950 | | systems within or on public or private buildings, structures, or premises except as otherwise911 |
|---|
| 1028 | 951 | | provided in this Code section.912 |
|---|
| 1029 | 952 | | (b) Any person who that holds a license issued under this chapter may engage in the913 |
|---|
| 1030 | 953 | | business of plumbing contracting, electrical contracting, conditioned air contracting,914 |
|---|
| 1031 | 954 | | low-voltage low voltage contracting, or utility contracting but only as prescribed by the915 |
|---|
| 1032 | 955 | | license, throughout the state; and except as provided in Code Section 43-14-12 43-14-16,916 |
|---|
| 1033 | 956 | | no municipality or county may require such person to comply with any additional licensing917 |
|---|
| 1034 | 957 | | requirements imposed by such municipality or county.918 |
|---|
| 1035 | 958 | | (c) This chapter shall not apply to:919 |
|---|
| 1036 | 959 | | (1) The the installation, alteration, or repair of plumbing, air-conditioning and heating,920 |
|---|
| 1037 | 960 | | utility systems, or electrical services, except low-voltage low voltage wiring services, up921 |
|---|
| 1038 | 961 | | to and including the meters where such work is performed by and is an integral part of922 |
|---|
| 1039 | 962 | | the system owned or operated by a public service corporation, an electrical, water, or gas923 |
|---|
| 1040 | 963 | | department of any municipality in this state, a railroad company, a pipeline company, or924 |
|---|
| 1041 | 964 | | a mining company in the exercise of its normal function as such.;925 |
|---|
| 1042 | 965 | | (2) Low voltage wiring performed by public utilities, except that the portion of the926 |
|---|
| 1043 | 966 | | business of public utilities which involves the installation, alteration, repair, or service927 |
|---|
| 1044 | 967 | | of telecommunication systems for profit shall be covered under this chapter;928 |
|---|
| 1045 | 968 | | (3) The installation, construction, or maintenance of power systems or929 |
|---|
| 1046 | 969 | | telecommunication systems for the generation or distribution of electric current930 |
|---|
| 1049 | 971 | | constructed under the National Electrical Safety Code, which regulates the safety931 |
|---|
| 1050 | 972 | | requirements of utilities; but the interior wiring regulated by the National Electrical932 |
|---|
| 1051 | 973 | | Safety Code shall not be exempt and must be done by an electrical contractor, except as933 |
|---|
| 1052 | 974 | | otherwise provided by law;934 |
|---|
| 1053 | 975 | | (4) Any technician employed by a municipal or county franchised community antenna935 |
|---|
| 1054 | 976 | | television (CATV) system or a municipally owned CATV system in the performance of936 |
|---|
| 1055 | 977 | | work on the system;937 |
|---|
| 1056 | 978 | | (5) Regular full-time employees of an institution, manufacturer, or business who perform938 |
|---|
| 1057 | 979 | | plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting939 |
|---|
| 1058 | 980 | | when working on the premises of their employer;940 |
|---|
| 1059 | 981 | | (6) A contractor certified by the Department of Public Health to make the connection to941 |
|---|
| 1060 | 982 | | any on-site waste-water management system from the stub out exiting the structure to an942 |
|---|
| 1061 | 983 | | on-site waste-water management system;943 |
|---|
| 1062 | 984 | | (7) Any employee or authorized agent of a regulated gas utility or municipally owned944 |
|---|
| 1063 | 985 | | gas utility while in the course and scope of such employment; or945 |
|---|
| 1064 | 986 | | (8) Persons licensed as manufactured or mobile home installers by the state fire marshal946 |
|---|
| 1065 | 987 | | when:947 |
|---|
| 1066 | 988 | | (A) Coupling the electrical connection from the service entrance panel outside the948 |
|---|
| 1067 | 989 | | manufactured housing to the distribution panel board inside the manufactured housing;949 |
|---|
| 1068 | 990 | | (B) Connecting the exterior sewer outlets to the aboveground sewer system; or950 |
|---|
| 1069 | 991 | | (C) Connecting the exterior water line to the aboveground water system.951 |
|---|
| 1070 | 992 | | (d) This chapter shall not prohibit:952 |
|---|
| 1071 | 993 | | (1) An an individual from installing, altering, or repairing plumbing fixtures,953 |
|---|
| 1072 | 994 | | air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or954 |
|---|
| 1073 | 995 | | electrical or low-voltage low voltage wiring services in a residential dwelling owned or955 |
|---|
| 1074 | 996 | | occupied by such individual; provided, however, that all such work must be done in956 |
|---|
| 1075 | 997 | | conformity with all other provisions of this chapter, the rules and regulations of the board,957 |
|---|
| 1082 | 1001 | | (e)(2) An This chapter shall not prohibit an individual employed on the maintenance staff960 |
|---|
| 1083 | 1002 | | of a facility owned by the state or by a county, municipality, or other political subdivision961 |
|---|
| 1084 | 1003 | | from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and962 |
|---|
| 1085 | 1004 | | heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services963 |
|---|
| 1086 | 1005 | | when such work is an integral part of the maintenance requirements of the facility;964 |
|---|
| 1087 | 1006 | | provided, however, that all such work must be done in conformity with all other965 |
|---|
| 1088 | 1007 | | provisions of this chapter and the orders, rules, and regulations of the board.;966 |
|---|
| 1089 | 1008 | | (f)(3) Any This chapter shall not prohibit any person from installing, altering, or967 |
|---|
| 1090 | 1009 | | repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility968 |
|---|
| 1091 | 1010 | | systems, or electrical or low-voltage low voltage wiring services in a farm or ranch969 |
|---|
| 1092 | 1011 | | service building or as an integral part of any irrigation system on a farm or ranch when970 |
|---|
| 1093 | 1012 | | such system is not located within 30 feet of any dwelling or any building devoted to971 |
|---|
| 1094 | 1013 | | animal husbandry. Nothing in this subsection shall be construed to limit the application972 |
|---|
| 1095 | 1014 | | of any resolution, ordinance, code, or inspection requirements of a county or municipality973 |
|---|
| 1096 | 1015 | | relating to such connections.;974 |
|---|
| 1097 | 1016 | | (4) Any person from installing, altering, or repairing the plumbing component of a lawn975 |
|---|
| 1098 | 1017 | | sprinkler system from a backflow preventer which was installed by a licensed plumber;976 |
|---|
| 1099 | 1018 | | provided, however, that all such work must be done in conformity with all other977 |
|---|
| 1100 | 1019 | | provisions of this chapter, the rules and regulations of the board, and ordinances of the978 |
|---|
| 1101 | 1020 | | county or municipality; or979 |
|---|
| 1102 | 1021 | | (5) Any propane dealer that is properly insured as required by law and that holds a980 |
|---|
| 1103 | 1022 | | liquefied petroleum gas license issued by the Safety Fire Commissioner from installing,981 |
|---|
| 1104 | 1023 | | repairing, or servicing a propane system or the gas piping or components of such system;982 |
|---|
| 1105 | 1024 | | provided, however, that such propane dealers shall be prohibited from performing the983 |
|---|
| 1108 | 1026 | | installation of conditioned air systems or forced air heating systems unless licensed to do984 |
|---|
| 1109 | 1027 | | so under this chapter.985 |
|---|
| 1110 | 1028 | | (g) This chapter shall not apply to low-voltage wiring performed by public utilities, except986 |
|---|
| 1111 | 1029 | | that such portion of the business of those public utilities which involves the installation,987 |
|---|
| 1112 | 1030 | | alteration, repair, or service of telecommunication systems for profit shall be covered under988 |
|---|
| 1113 | 1031 | | this chapter.989 |
|---|
| 1114 | 1032 | | (h) This chapter shall not apply to the installation, construction, or maintenance of power990 |
|---|
| 1115 | 1033 | | systems or telecommunication systems for the generation or distribution of electric current991 |
|---|
| 1116 | 1034 | | constructed under the National Electrical Safety Code, which regulates the safety992 |
|---|
| 1117 | 1035 | | requirements of utilities; but the interior wiring regulated by the National Electrical Safety993 |
|---|
| 1118 | 1036 | | Code would not be exempt and must be done by an electrical contractor except as994 |
|---|
| 1119 | 1037 | | otherwise provided by law.995 |
|---|
| 1120 | 1038 | | (i) This chapter shall not apply to any technician employed by a municipal or996 |
|---|
| 1121 | 1039 | | county-franchised community antenna television (CATV) system or a municipally owned997 |
|---|
| 1122 | 1040 | | community antenna television system in the performance of work on the system.998 |
|---|
| 1123 | 1041 | | (j) This chapter shall not apply to regular full-time employees of an institution,999 |
|---|
| 1124 | 1042 | | manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility1000 |
|---|
| 1125 | 1043 | | contracting, or conditioned air contracting when working on the premises of that employer.1001 |
|---|
| 1126 | 1044 | | (k) This chapter shall not apply to persons licensed as manufactured or mobile home1002 |
|---|
| 1127 | 1045 | | installers by the state fire marshal when:1003 |
|---|
| 1128 | 1046 | | (1) Coupling the electrical connection from the service entrance panel outside the1004 |
|---|
| 1129 | 1047 | | manufactured housing to the distribution panel board inside the manufactured housing;1005 |
|---|
| 1130 | 1048 | | (2) Connecting the exterior sewer outlets to the above-ground sewer system; or1006 |
|---|
| 1131 | 1049 | | (3) Connecting the exterior water line to the above-ground water system.1007 |
|---|
| 1132 | 1050 | | (l)(e) Any person qualified by the Department of Transportation to perform work for the1008 |
|---|
| 1133 | 1051 | | department shall not be required to be licensed under:1009 |
|---|
| 1136 | 1053 | | (1) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.31010 |
|---|
| 1137 | 1054 | | 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for the department. Any1011 |
|---|
| 1138 | 1055 | | person qualified by the Department of Transportation to perform work for the department1012 |
|---|
| 1139 | 1056 | | shall not be required to be licensed under; or1013 |
|---|
| 1140 | 1057 | | (2) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.31014 |
|---|
| 1141 | 1058 | | 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for a county, municipality,1015 |
|---|
| 1142 | 1059 | | authority, or other political subdivision when such work is of the same nature as that for1016 |
|---|
| 1143 | 1060 | | which the person is qualified when performing department work; provided, however, that1017 |
|---|
| 1144 | 1061 | | such work is not performed on a utility system as defined in paragraph (17) (23) of Code1018 |
|---|
| 1145 | 1062 | | Section 43-14-2 for which the person receives compensation.1019 |
|---|
| 1146 | 1063 | | (m) This chapter shall not prohibit any person from installing, altering, or repairing the1020 |
|---|
| 1147 | 1064 | | plumbing component of a lawn sprinkler system from a backflow preventer which was1021 |
|---|
| 1148 | 1065 | | installed by a licensed plumber; provided, however, that all such work must be done in1022 |
|---|
| 1149 | 1066 | | conformity with all other provisions of this chapter, the rules and regulations of the board,1023 |
|---|
| 1150 | 1067 | | and ordinances of the county or municipality.1024 |
|---|
| 1151 | 1068 | | (n)(f) Any person who contracts with a licensed conditioned air contractor:1025 |
|---|
| 1152 | 1069 | | (1) As as part of a conditioned air contract to install, alter, or repair duct systems, control1026 |
|---|
| 1153 | 1070 | | systems, or insulation is not required to hold a license from the Division of Conditioned1027 |
|---|
| 1154 | 1071 | | Air Contractors. The conditioned air contractor must retain responsibility for completion1028 |
|---|
| 1155 | 1072 | | of the contract, including any subcontracted work.;1029 |
|---|
| 1156 | 1073 | | (2) To Any person who contracts with a licensed conditioned air contractor to perform1030 |
|---|
| 1157 | 1074 | | a complete installation, alteration, or repair of a conditioned air system must hold a valid1031 |
|---|
| 1158 | 1075 | | license from the Division of Conditioned Air Contractors.; or1032 |
|---|
| 1159 | 1076 | | (3) To Any person who contracts to perform for or on behalf of a conditioned air1033 |
|---|
| 1160 | 1077 | | contractor to install, alter, or repair electrical, low-voltage the installation, alteration, or1034 |
|---|
| 1161 | 1078 | | repair of the electrical, low voltage, or plumbing components of a conditioned air system1035 |
|---|
| 1162 | 1079 | | must hold a valid license from the appropriate division of the board.1036 |
|---|
| 1165 | 1081 | | (o) This chapter shall not prohibit any propane dealer who is properly insured as required1037 |
|---|
| 1166 | 1082 | | by law and who holds a liquefied petroleum gas license issued by the Safety Fire1038 |
|---|
| 1167 | 1083 | | Commissioner from installing, repairing, or servicing a propane system or the gas piping1039 |
|---|
| 1168 | 1084 | | or components of such system; provided, however, that such propane dealers shall be1040 |
|---|
| 1169 | 1085 | | prohibited from performing the installation of conditioned air systems or forced air heating1041 |
|---|
| 1170 | 1086 | | systems unless licensed to do so under this chapter.1042 |
|---|
| 1171 | 1087 | | (p) This chapter shall not apply to any employee or authorized agent of a regulated gas1043 |
|---|
| 1172 | 1088 | | utility or municipal owned gas utility while in the course and scope of such employment.1044 |
|---|
| 1173 | 1089 | | (q)(g) Any utility contractor holding a valid utility contractor's license under this chapter1045 |
|---|
| 1174 | 1090 | | shall be authorized to bid for and perform work on any utility system in this state without1046 |
|---|
| 1175 | 1091 | | obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a1047 |
|---|
| 1176 | 1092 | | utility system or anyone soliciting work to be performed on a utility system to refuse to1048 |
|---|
| 1177 | 1093 | | allow a utility contractor holding a valid utility contractor's license under this chapter to bid1049 |
|---|
| 1178 | 1094 | | for or perform work on a utility system on the basis that such contractor does not hold a1050 |
|---|
| 1179 | 1095 | | license under Chapter 41 of this title.1051 |
|---|
| 1180 | 1096 | | 43-14-14 43-14-20.1052 |
|---|
| 1181 | 1097 | | Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction1053 |
|---|
| 1182 | 1098 | | thereof, shall be fined not more than $1,000.00 $3,000.00 or imprisoned for not more than1054 |
|---|
| 1183 | 1099 | | six months, or both.1055 |
|---|
| 1184 | 1100 | | 43-14-15 43-14-21.1056 |
|---|
| 1185 | 1101 | | (a) As used in this Code section, the term:1057 |
|---|
| 1186 | 1102 | | (1) 'Discharge' means an honorable discharge or a general discharge from active military1058 |
|---|
| 1187 | 1103 | | service. Such term shall not mean a discharge under other than honorable conditions, a1059 |
|---|
| 1188 | 1104 | | bad conduct discharge, or a dishonorable discharge.1060 |
|---|
| 1193 | 1107 | | armed forces of the United States, including the National Guard.1062 |
|---|
| 1194 | 1108 | | (b) A committee composed of the division director, members of the Governor's Office of1063 |
|---|
| 1195 | 1109 | | Workforce Development, and members of the relevant divisions of the licensing board1064 |
|---|
| 1196 | 1110 | | representing the profession for which the applicant is seeking a license shall determine the1065 |
|---|
| 1197 | 1111 | | military specialties or certifications the training or experience for which substantially meets1066 |
|---|
| 1198 | 1112 | | or exceeds the requirements to obtain a license for Electrical Contractor Class I,1067 |
|---|
| 1199 | 1113 | | Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The1068 |
|---|
| 1200 | 1114 | | Governor shall designate a chairperson from among the members of the committee.1069 |
|---|
| 1201 | 1115 | | (c) Any current or former member of the military may apply to the licensing board for the1070 |
|---|
| 1204 | 1117 | | obtained a military specialty or certification, the training or experience for which1072 |
|---|
| 1205 | 1118 | | substantially meets or exceeds the requirements to obtain a license or certification1073 |
|---|
| 1206 | 1119 | | identified in subsection (b) of this Code section.1074 |
|---|
| 1207 | 1120 | | (d) In order to qualify under this subsection, an applicant shall make application not later1075 |
|---|
| 1208 | 1121 | | than two years after his or her discharge. The licensing board, in its discretion, may by rule1076 |
|---|
| 1209 | 1122 | | or regulation extend such two-year period for a license or certification, or class thereof, or1077 |
|---|
| 1210 | 1123 | | may extend such two-year period for an individual applicant if certain circumstances,1078 |
|---|
| 1211 | 1124 | | including, but not limited to, health, hospitalization, or other related emergencies or1079 |
|---|
| 1212 | 1125 | | exigencies, prevented the member of the military from making an application.1080 |
|---|
| 1213 | 1126 | | (e) Such application shall be in such form and shall require such documentation as the1081 |
|---|
| 1214 | 1127 | | division director shall determine. If the applicant satisfies the requirements of this Code1082 |
|---|
| 1215 | 1128 | | section, the division director shall direct the appropriate division to issue the appropriate1083 |
|---|
| 1216 | 1129 | | license, and the division shall immediately issue such license; provided, however, that the1084 |
|---|
| 1217 | 1130 | | applicant shall satisfy all financial and insurance requirements for the issuance of such1085 |
|---|
| 1218 | 1131 | | license. This Code section shall only apply to the initial issuance of a license. After the1086 |
|---|
| 1226 | 1136 | | The board may establish a process through rules and regulations for licenses issued under1090 |
|---|
| 1227 | 1137 | | this chapter to be placed on inactive status and the qualifications necessary for such1091 |
|---|
| 1228 | 1138 | | licenses to be returned to active status; provided, however, that engaging in any conduct1092 |
|---|
| 1229 | 1139 | | that requires a license under this chapter while holding an inactive license shall be1093 |
|---|
| 1230 | 1140 | | considered an unlicensed practice and shall be prohibited."1094 |
|---|
| 1231 | 1141 | | SECTION 1-2.1095 |
|---|
| 1232 | 1142 | | Said title is further by revising Code Section 43-15-9, relating to professional engineer1096 |
|---|
| 1233 | 1143 | | certificate of registration and eligibility, as follows:1097 |
|---|
| 1234 | 1144 | | "43-15-9.1098 |
|---|
| 1235 | 1145 | | To be eligible for a certificate of registration as a professional engineer, an applicant must1099 |
|---|
| 1236 | 1146 | | meet the following minimum requirements:1100 |
|---|
| 1237 | 1147 | | (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1)1101 |
|---|
| 1238 | 1148 | | of Code Section 43-15-8;1102 |
|---|
| 1239 | 1149 | | (B) Acquire a specific record of not less than four years' experience in engineering1103 |
|---|
| 1240 | 1150 | | work of a character satisfactory to the board which indicates the applicant is competent1104 |
|---|
| 1241 | 1151 | | to practice professional engineering; and1105 |
|---|
| 1242 | 1152 | | (C) Subsequently pass Pass a written examination in the principles and practice of1106 |
|---|
| 1243 | 1153 | | engineering (professional engineer's examination);1107 |
|---|
| 1244 | 1154 | | (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2)1108 |
|---|
| 1245 | 1155 | | of Code Section 43-15-8;1109 |
|---|
| 1254 | 1161 | | engineering (professional engineer's examination);1114 |
|---|
| 1255 | 1162 | | (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3)1115 |
|---|
| 1256 | 1163 | | of Code Section 43-15-8;1116 |
|---|
| 1257 | 1164 | | (B) Acquire a specific record of not less than seven years' experience in engineering1117 |
|---|
| 1258 | 1165 | | work of a character satisfactory to the board which indicates the applicant is competent1118 |
|---|
| 1259 | 1166 | | to practice professional engineering; and1119 |
|---|
| 1260 | 1167 | | (C) Subsequently pass Pass a written examination in the principles and practice of1120 |
|---|
| 1261 | 1168 | | engineering (professional engineer's examination); or1121 |
|---|
| 1262 | 1169 | | (4)(A) Graduate in an engineering or related science curriculum of not less than four1122 |
|---|
| 1263 | 1170 | | academic years;1123 |
|---|
| 1264 | 1171 | | (B) Acquire a specific record of not less than 16 years' experience in engineering work,1124 |
|---|
| 1265 | 1172 | | of which at least eight years have been in responsible charge of important engineering1125 |
|---|
| 1266 | 1173 | | work of a character satisfactory to the board, which indicates the applicant is competent1126 |
|---|
| 1267 | 1174 | | to practice professional engineering; and1127 |
|---|
| 1268 | 1175 | | (C) Subsequently pass Pass a written examination in the principles and practice of1128 |
|---|
| 1269 | 1176 | | engineering (professional engineer's examination)."1129 |
|---|
| 1270 | 1177 | | PART II1130 |
|---|
| 1271 | 1178 | | SECTION 2-1.1131 |
|---|
| 1272 | 1179 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1132 |
|---|
| 1273 | 1180 | | is amended by adding a new Code section to read as follows:1133 |
|---|
| 1276 | 1182 | | "43-1-4.1.1134 |
|---|
| 1277 | 1183 | | (a) As used in this Code section, the term:1135 |
|---|
| 1278 | 1184 | | (1) 'License' means any document, permit, certificate of registration, or other1136 |
|---|
| 1279 | 1185 | | authorization issued by or on behalf of a professional licensing board that is required for1137 |
|---|
| 1280 | 1186 | | a person to engage in a profession, business, or trade.1138 |
|---|
| 1281 | 1187 | | (2) 'Licensee' means any person who is required to be licensed or who is actually1139 |
|---|
| 1282 | 1188 | | licensed by a professional licensing board.1140 |
|---|
| 1283 | 1189 | | (b) The office of the Secretary of State, on behalf of all professional licensing boards under1141 |
|---|
| 1284 | 1190 | | its jurisdiction that require continuing education, shall establish a continuing education1142 |
|---|
| 1285 | 1191 | | tracking solution to monitor compliance of licensees with applicable continuing education1143 |
|---|
| 1286 | 1192 | | requirements and to determine whether a licensee is in full compliance with such1144 |
|---|
| 1287 | 1193 | | requirements at the time of making application for license renewal. Such tracking solution1145 |
|---|
| 1288 | 1194 | | may be an off-premises hosted software-as-a-service application accessible through a1146 |
|---|
| 1289 | 1195 | | public website. The Secretary of State may contract with third parties to implement,1147 |
|---|
| 1290 | 1196 | | integrate, or otherwise provide such tracking system.1148 |
|---|
| 1291 | 1197 | | (c) On and after January 1, 2026, a professional licensing board shall not renew a license1149 |
|---|
| 1292 | 1198 | | until the applicant has complied with all applicable continuing education requirements as1150 |
|---|
| 1293 | 1199 | | verified using the continuing education tracking solution required by subsection (b) of this1151 |
|---|
| 1294 | 1200 | | Code section. Nothing in this subsection shall prohibit a professional licensing board from1152 |
|---|
| 1295 | 1201 | | granting a waiver or imposing additional penalties as otherwise provided by law or by the1153 |
|---|
| 1296 | 1202 | | rules or regulations of the applicable board for failure to comply with continuing education1154 |
|---|
| 1297 | 1203 | | requirements.1155 |
|---|
| 1298 | 1204 | | (d) The professional licensing boards and the division director may adopt any rules and1156 |
|---|
| 1299 | 1205 | | regulations necessary to implement this Code section."1157 |
|---|
| 1304 | 1208 | | SECTION 3-1.1159 |
|---|
| 1305 | 1209 | | Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is1160 |
|---|
| 1306 | 1210 | | amended in:1161 |
|---|
| 1307 | 1211 | | (1) Code Section 8-2-26, relating to enforcement of codes generally, employment and1162 |
|---|
| 1308 | 1212 | | training of inspectors, and contracts for administration and enforcement of codes, in1163 |
|---|
| 1309 | 1213 | | subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section1164 |
|---|
| 1310 | 1214 | | 43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16".1165 |
|---|
| 1311 | 1215 | | (2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing1166 |
|---|
| 1312 | 1216 | | "43-14-8.1" with "43-14-9".1167 |
|---|
| 1313 | 1217 | | SECTION 3-2.1168 |
|---|
| 1314 | 1218 | | Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is1169 |
|---|
| 1315 | 1219 | | amended in:1170 |
|---|
| 1316 | 1220 | | (1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive1171 |
|---|
| 1317 | 1221 | | telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low1172 |
|---|
| 1318 | 1222 | | voltage".1173 |
|---|
| 1319 | 1223 | | (2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and1174 |
|---|
| 1320 | 1224 | | activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage".1175 |
|---|
| 1321 | 1225 | | (3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions1176 |
|---|
| 1322 | 1226 | | of the Code, in subsection (c), by replacing "low-voltage" with "low voltage".1177 |
|---|
| 1323 | 1227 | | (4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not1178 |
|---|
| 1324 | 1228 | | exclusive and construction with other provisions of the Code, in subsection (b), by1179 |
|---|
| 1325 | 1229 | | replacing "low-voltage" with "low voltage".1180 |
|---|
| 1336 | 1237 | | SECTION 3-4.1187 |
|---|
| 1337 | 1238 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1188 |
|---|
| 1338 | 1239 | | is amended in:1189 |
|---|
| 1339 | 1240 | | (1) Code Section 43-41-2, relating to definitions relative to residential and commercial1190 |
|---|
| 1340 | 1241 | | general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage".1191 |
|---|
| 1341 | 1242 | | (2) Code Section 43-41-17, relating to effective date of licensing and sanctioning1192 |
|---|
| 1342 | 1243 | | provisions, unenforceable contracts, compliance with county or municipal requirements,1193 |
|---|
| 1343 | 1244 | | exemption for DOT contractors, and other exceptions, in subsection (e), by replacing1194 |
|---|
| 1344 | 1245 | | "low-voltage" with "low voltage".1195 |
|---|
| 1345 | 1246 | | SECTION 3-5.1196 |
|---|
| 1346 | 1247 | | Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public1197 |
|---|
| 1347 | 1248 | | transportation, is amended in:1198 |
|---|
| 1348 | 1249 | | (1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High1199 |
|---|
| 1349 | 1250 | | Voltage".1200 |
|---|
| 1350 | 1251 | | (2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with1201 |
|---|
| 1351 | 1252 | | "high voltage".1202 |
|---|
| 1352 | 1253 | | (3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing1203 |
|---|
| 1353 | 1254 | | "High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing1204 |
|---|
| 1354 | 1255 | | "high-voltage" with "high voltage".1205 |
|---|
| 1359 | 1258 | | feet of high-voltage line, in the introductory language and in paragraph (2), by replacing1207 |
|---|
| 1360 | 1259 | | "high-voltage" with "high voltage".1208 |
|---|
| 1361 | 1260 | | (5) Code Section 46-3-34, relating to utilities protection center, funding of activities,1209 |
|---|
| 1362 | 1261 | | notice of work, delay, and responsibility for completing safety requirements, by replacing1210 |
|---|
| 1363 | 1262 | | "high-voltage" with "high voltage" each time the term appears.1211 |
|---|
| 1364 | 1263 | | (6) Code Section 46-3-35, relating to allocation of expense of precautionary measures1212 |
|---|
| 1365 | 1264 | | taken pursuant to public highway construction, by replacing "high-voltage" with "high1213 |
|---|
| 1366 | 1265 | | voltage".1214 |
|---|
| 1367 | 1266 | | (7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical1215 |
|---|
| 1368 | 1267 | | engineering system or other entities, in subsection (b), by replacing "high-voltage" with1216 |
|---|
| 1369 | 1268 | | "high voltage" both times the term appears.1217 |
|---|
| 1370 | 1269 | | (8) Code Section 46-3-39, relating to restriction on liability of owners and operators of1218 |
|---|
| 1371 | 1270 | | high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage"1219 |
|---|
| 1372 | 1271 | | with "high voltage" each time the term appears.1220 |
|---|
| 1373 | 1272 | | (9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage,1221 |
|---|
| 1374 | 1273 | | indemnification, and liability for cost of delay, by replacing "high-voltage" with "high1222 |
|---|
| 1375 | 1274 | | voltage" each time the term appears.1223 |
|---|
| 1376 | 1275 | | PART IV1224 |
|---|
| 1377 | 1276 | | SECTION 4-1.1225 |
|---|
| 1378 | 1277 | | All laws and parts of laws in conflict with this Act are repealed.1226 |
|---|