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1999 SESSION

991575492
HOUSE BILL NO. 1886
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on January 30, 1999)
(Patron Prior to Substitute--Delegate Cranwell)
A BILL to amend and reenact § 54.1-1135 of the Code of Virginia, relating to Board for Contractors; tradesman; unlicensed activity; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-1135 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-1135. Prohibited acts.

A. Practicing or attempting to practice as a tradesman or liquefied petroleum gas fitter in the Commonwealth, except as provided for in this article, is prohibited and shall constitute the commission of a Class 31 misdemeanor.

B. No person shall represent himself as a certified backflow prevention device worker unless he has been certified by the Board. Any person engaging or offering to engage in backflow prevention device worker activities within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a certified backflow prevention device worker without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor.

C. No person shall be entitled to assert the lack of licensure as required by this article as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge of the licensure requirements of this article.

D. In any locality which requires state certification to engage in backflow prevention device worker activities, no person shall be entitled to assert a lack of certification as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge of the locality's certification requirements.