SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION


CHAPTER 754
An Act to amend and reenact §§ 54.1-1100 and 54.1-1103 of the Code of Virginia, relating to programs under the Board for Contractors.
[H 403]
Approved April 11, 1994

Be it enacted by the General Assembly of Virginia:

1. That §§ 54.1-1100 and 54.1-1103 of the Code of Virginia are amended and reenacted as follows:

§ 54.1-1100. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Board" means the Board for Contractors.

"Class A contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $70,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is $500,000 or more.

"Class B contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is less than $70,000, and more than $1,500 $7,500 or more, but less than $70,000 or (ii) the work is for the purpose of landscape irrigation or constructing a water well to reach groundwater as defined in § 62.1-255 regardless of contract or project amount total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is $150,000 or more, but less than $500,000.

"Class C contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but no more than $7,500 or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is no more than $150,000. "Class C contractors" shall not include electrical, plumbing, and heating, ventilation and air conditioning (HVAC) contractors.

"Contractor" means any person, firm, association, or corporation that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by another person or any other improvements to such real property.

"Department" means the Department of Professional and Occupational Regulation.

"Designated employee" means the contractor's full-time employee who is at least eighteen years of age and who has successfully completed the oral or written examination required by the Board on behalf of the contractor.

"Director" means the Director of the Department of Professional and Occupational Regulation.

"Owner-developer" means any person who performs or supervises the construction, removal, repair or improvements of any building or structure permanently annexed to real property owned, controlled or leased by him or any other improvements to such property when either (i) the total value of all such improvements to or upon any single parcel of land is $70,000 or more or (ii) the total value of all such improvements to or upon all real property undertaken by him within any twelve-month period is $500,000 or more, but shall not include a person who performs or supervises the construction, removal, repair or improvement of (i) not more than one building upon his own real property and for his own use during any twenty-four-month period, (ii) a house upon his own real property as a bona fide gift to a member of his immediate family provided such member lives in the house for at least twenty-four months, (iii) industrial or manufacturing facilities for his own use, or (iv) any person who contracts with a duly licensed Class A contractor classified as a building contractor to perform such construction, removal, repair or improvements.

For purposes of this section "immediate family" includes one's mother, father, son, daughter, brother, sister, grandchild, grandparent, mother-in-law and father-in-law.

"Person" means any individual, firm, corporation, association, partnership, joint venture, or other legal entity.

"Value" means fair market value. When improvements are performed or supervised by a contractor, the contract price shall be prima facie evidence of value.

§ 54.1-1103. Necessity for license; requirements for water well drillers and landscape irrigation contractors; requirements for electrical, plumbing, and HVAC contractors.

A. No person shall engage in, or offer to engage in, contracting work or operate as an owner-developer in this Commonwealth unless he has been licensed under the provisions of this chapter. Except as provided in § 54.1-1117, the issuance of such license shall not entitle the holder to engage in any activity for which a special license is required by law.

B. When the contracting work is for the purpose of landscape irrigation or the construction of a water well as defined in § 62.1-255, the contractor shall be licensed, regardless of the contract amount, as follows:

1. A Class C certificate is required when the total value referred to in a single contract or project is no more than $7,500, or the total value of all such water well or landscape irrigation contracts undertaken within any twelve-month period is no more than $150,000;

2. A Class B license is required when the total value referred to in a single contract is $7,500 or more, but less than $70,000, or the total value of all such water well or landscape irrigation contracts undertaken within any twelve-month period is $150,000 or more, but less than $500,000; and

3. A Class A license is required when the total value referred to in a single contract or project is $70,000 or more, or when the total value of all such water well or landscape irrigation contracts undertaken within any twelve-month period is $500,000 or more.

C. When the contracting work is performed by an electrical, plumbing, or heating, ventilation and air conditioning (HVAC) contractor, the contractor shall be licensed, regardless of the contract amount, as follows:

1. A Class B license is required when the total value referred to in a single contract is $1,000 or more, but less than $70,000, or the total value of all such electrical, plumbing, or heating, ventilation and air conditioning (HVAC) contracts undertaken within any twelve-month period is $150,000 or more, but less than $500,000; and

2. A Class A license is required when the total value referred to in a single contract is $70,000 or more, or when the total value of all such electrical, plumbing, or heating, ventilation and air conditioning (HVAC) contracts undertaken within any twelve-month period is $500,000 or more.