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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-1106, 54.1-1108, 54.1-1108.1, 54.1-1108.2, and 54.1-1130 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-1106. Application for Class A license; fees; examination; issuance.
A. Any person desiring to be licensed as a Class A contractor shall file with
the Department a written application on a form prescribed by the Board. The
application shall be accompanied by a fee set by the Board pursuant to §
54.1-201. The application shall contain the name, place of employment, and business
address of the proposed designated employee;, and information on the knowledge,
skills, abilities, and financial position of the applicant; and an affidavit
stating that the information on the application is correct. The Board shall
determine whether the past performance record of the applicant, including his
reputation for paying material bills and carrying out other contractual
obligations, satisfies the purposes and intent of this chapter. The Board shall
also determine whether the applicant has complied with the laws of the
Commonwealth pertaining to the domestication of foreign corporations and all
other laws affecting those engaged in the practice of contracting as set forth
in this chapter. If the Board determines that sufficient questions or
ambiguities exist in an individual applicant's presentation of his financial
information, the Board may require the applicant to provide a balance sheet
reviewed by a certified public accountant licensed in accordance with §
54.1-4409. In addition, if the applicant is a sole proprietor, he shall furnish to
the Board his name and address. If the applicant is a member of a partnership,
he shall furnish to the Board the names and addresses of all of the general
partners of the partnership. If the applicant is a member of an association, he
shall furnish to the Board the names and addresses of all of the members of the
association. If the applicant is a corporation, it shall furnish to the Board
the names and addresses of all officers of the corporation. If the applicant is
a joint venture, it shall furnish to the Board the names and addresses of (i)
each member of the joint venture and (ii) any sole proprietor, general partner
of any partnership, member of any association, or officer of any corporation
who is a member of the joint venture. The applicant shall thereafter keep the
Board advised of any changes in the above information.
B. If the application is satisfactory to the Board, the proposed designated
employee shall be required by Board regulations to take an oral or written
examination to determine his general knowledge of contracting, including the
statutory and regulatory requirements governing contractors in the
Commonwealth. If the proposed designated employee successfully completes the
examination and the applicant meets or exceeds the other entry criteria
established by Board regulations, a Class A contractor license shall be issued
to the applicant. The license shall permit the applicant to engage in
contracting only so long as the designated employee is in the full-time
employment of the contractor. No examination shall be required where the
licensed Class A contractor changes his form of business entity provided he is
in good standing with the Board. In the event the designated employee leaves
the full-time employ of the licensed contractor, no additional examination
shall be required of such designated employee, except in accordance with §
54.1-1110.1, and the contractor shall within ninety 90 days of that departure
provide to the Board the name of the new designated employee.
C. The Board may grant a Class A license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) heating, ventilation, and air conditioning contractor, and (vi) specialty contractor.
§ 54.1-1108. Application for Class B license; fees; examination; issuance.
A. Any person desiring to be licensed as a Class B contractor shall file with
the Department a written application on a form prescribed by the Board. The
application shall be accompanied by a fee set by the Board pursuant to §
54.1-201. The application shall contain the name, place of employment, and business
address of the proposed designated employee; information on the knowledge, skills,
abilities, and financial position of the applicant; and evidence of holding a
current local license pursuant to local ordinances adopted pursuant to §
54.1-1117; and an affidavit stating that the information on the application is
correct. The Board shall determine whether the past performance record of the
applicant, including his reputation for paying material bills and carrying out
other contractual obligations, satisfies the purpose and intent of this
chapter. The Board shall also determine whether the applicant has complied with
the laws of the Commonwealth pertaining to the domestication of foreign
corporations and all other laws affecting those engaged in the practice of
contracting as set forth in this chapter. In addition, if the applicant is a
sole proprietor, he shall furnish to the Board his name and address. If the
applicant is a member of a partnership, he shall furnish to the Board the names
and addresses of all of the general partners of that partnership. If the
applicant is a member of an association, he shall furnish to the Board the
names and addresses of all of the members of the association. If the applicant
is a corporation, it shall furnish to the Board the name and address of all
officers of the corporation. If the applicant is a joint venture, it shall
furnish to the Board the names and addresses of (i) each member of the joint
venture and (ii) any sole proprietor, general partner of any partnership,
member of any association, or officer of any corporation who is a member of the
joint venture. The applicant shall thereafter keep the Board advised of any
changes in the above information.
B. If the application is satisfactory to the Board, the proposed designated
employee shall be required by Board regulations to take an oral or written
examination to determine his general knowledge of contracting, including the
statutory and regulatory requirements governing contractors in the
Commonwealth. If the proposed designated employee successfully completes the
examination and the applicant meets or exceeds the other entry criteria
established by Board regulations, a Class B contractor license shall be issued
to the applicant. The license shall permit the applicant to engage in
contracting only so long as the designated employee is in the full-time
employment of the contractor and only in the counties, cities, and towns where
such person has complied with all local licensing requirements and for the type
of work to be performed. No examination shall be required where the licensed
Class B contractor changes his form of business entity provided he is in good
standing with the Board. In the event the designated employee leaves the
full-time employ of the licensed contractor, no additional examination shall be
required of such designated employee, except in accordance with § 54.1-1110.1,
and the contractor shall within ninety 90 days of that departure provide to the
Board the name of the new designated employee.
C. The Board may grant a Class B license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) HVAC contractor, and (vi) specialty contractor.
§ 54.1-1108.1. Waiver of examination; designated employee.
Any Class A contractor licensed in the Commonwealth of Virginia prior to
January 1, 1991, and in business on December 31, 1990, shall provide to the
Board in writing the name of one full-time employee who is at least eighteen 18
years of age and that employee shall be deemed to have fulfilled the
requirement for examination in § 54.1-1106, so long as he remains a full-time
employee of the contractor. The designated employee shall not be required to
take an examination if the Class A contractor changes his form of business
entity and is in good standing with the Board. Upon his leaving the employ of
the contractor, the contractor shall name another full-time employee in
accordance with § 54.1-1106.
Any Class B contractor registered in the Commonwealth prior to January 1, 1991,
and in business on December 31, 1990, shall, within its current period of
registration, provide on a form prescribed by the Board satisfactory
information on the financial position, and knowledge, skills and abilities of
the registered firm; and the name of a full-time employee who is at least
eighteen 18 years of age and that employee shall be deemed to have
fulfilled the requirement for examination in § 54.1-1108, so long as he remains
a full-time employee of the contractor; and an affidavit stating that the
information provided on the form is correct. The designated employee shall not
be required to take an examination if the Class B contractor changes his form
of business entity and is in good standing with the Board. If such employee
leaves the employ of the contractor, the contractor shall name another
full-time employee in accordance with § 54.1-1108.
§ 54.1-1108.2. Application for Class C license; fees; issuance.
A. Any person desiring to be licensed as a Class C contractor shall file with
the Department a written application on a form prescribed by the Board. The
application shall be accompanied by a fee set by the Board pursuant to §
54.1-201. The application shall contain information concerning the name, location,
nature, and operation of the business, as well as and information demonstrating
that the applicant possesses the character and minimum skills to properly
engage in the occupation of contracting, and an affidavit stating that the
information on the application is correct.
B. The Board may grant a Class C license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) heating, ventilation, and air conditioning contractor, and (vi) specialty contractor.
§ 54.1-1130. Application for licensure; fees; examinations; issuance.
Any individual desiring to be licensed as a tradesman, liquefied petroleum gas
fitter, or natural gas fitter provider or certified as a backflow prevention
device worker shall file a written application on a form prescribed by the
Board. The application shall be accompanied by a fee set by the Board pursuant
to § 54.1-201. The application shall contain, at a minimum, the applicant's
name, place of employment, and business address; and information on the
knowledge, skills, abilities and education or training of the applicant; and an
affidavit stating that the information on the application is correct.
If the application is satisfactory to the Board, the applicant shall be required by Board regulations to take an oral or written examination to determine his general knowledge of the trade in which he desires licensure or of backflow prevention devices if he desires voluntary certification unless he is exempt pursuant to § 54.1-1131. If the applicant successfully completes the examination, a license as a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider, or a certificate as a backflow prevention device worker, shall be issued.