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2011 SESSION
11100202DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-1102 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 11 of Title 54.1 an article numbered 5, consisting of sections numbered 54.1-1144, 54.1-1145, and 54.1-1146, as follows:
§ 54.1-1102. Board for Contractors membership; offices; meetings; seal; record.
A. The Board for Contractors shall be composed of 15 16 members as follows: one
member shall be a licensed Class A general contractor; the larger part of the
business of one member shall be the construction of utilities; the larger part
of the business of one member shall be the construction of commercial and
industrial buildings; the larger part of the business of one member shall be
the construction of single-family residences; the larger part of the business
of one member shall be the construction of home improvements; one member shall
be a subcontractor as generally regarded in the construction industry; one
member shall be in the business of sales of construction materials and
supplies; one member shall be a local building official; one member shall be a
licensed plumbing contractor; one member shall be a licensed electrical
contractor; one member shall be a licensed heating, ventilation and air
conditioning contractor; one member shall be a certified elevator mechanic or a
licensed elevator contractor; one member shall be a certified water well
systems provider,; one member shall be a certified residential
energy auditor; and two members shall be citizen members.
The terms of the Board members shall be four years.
The Board shall meet at least four times each year, once in
January, April, July and October, and at such other times as may be deemed
necessary. Annually, the Board shall elect from its membership a chairman and a
vice-chairman to serve for a one-year term. Eight Nine
members of the Board shall constitute a quorum.
The Board shall promulgate regulations not inconsistent with statute necessary for the licensure of contractors and tradesmen and the certification of backflow prevention device workers, and for the relicensure of contractors and tradesmen and for the recertification of backflow prevention device workers, after license or certificate suspension or revocation. The Board shall include in its regulations a requirement that as a condition for initial licensure as a contractor, the designated employee or a member of the responsible management personnel of the contractor shall have successfully completed a Board-approved basic business course, which shall not exceed eight hours of classroom instruction.
The Board may adopt regulations requiring all Class A, B, and C residential contractors, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to use legible written contracts including the following terms and conditions:
1. General description of the work to be performed;
2. Fixed price or an estimate of the total cost of the work, the amounts and schedule of progress payments, a listing of specific materials requested by the consumer and the amount of down payment;
3. Estimates of time of commencement and completion of the work; and
4. Contractor's name, address, office telephone number and license or certification number and class.
In transactions involving door-to-door solicitations, the Board may require that a statement of protections be provided by the contractor to the homeowner, consumer or buyer, as the case may be.
The Board shall adopt a seal with the words "Board for Contractors, Commonwealth of Virginia." The Director shall have charge, care and custody of the seal.
B. The Director shall maintain a record of the proceedings of the Board.
§ 54.1-1144. Definitions.
As used in this article, unless the context requires a different meaning:
"Accredited residential energy auditing training program" means a training program that has been approved by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure energy efficiency, conduct energy modeling, prepare a residential energy audit report, and provide recommendations for improvements with return on investment or third-party verification for nationally accredited energy efficiency programs.
"Certified residential energy audit" means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted by a certified residential energy auditor.
"Certified residential energy auditor" means an individual who has successfully completed an accredited residential energy auditing training program or meets the criteria of experience required by this article and regulations of the Board and who has been certified by the Board.
§ 54.1-1145. Certification required; requirements for certification.
A. No person shall engage in, or offer to engage in, work as a residential energy auditor in the Commonwealth unless he has been certified under the provisions of this article.
B. The Board may issue a certificate to perform residential energy audits in the Commonwealth to any applicant who has submitted satisfactory evidence that he has successfully:
1. Completed an accredited residential energy auditing training program;
2. Completed at least five residential energy audits under the supervision of a licensed residential energy auditor; and
3. Remained in good standing with any certifying organization approved by the Board, provided that the requirements for the applicant's class of membership in such association are equal to or exceed the requirements established by the Board for all applicants.
C. The Board may issue a certificate to perform residential energy audits to any applicant who has demonstrated that he maintains the necessary insurance coverage and financial capability as determined by the Board.
§ 54.1-1146. Additional powers of the Board.
The Board shall have the authority to adopt regulations necessary to establish procedures and requirements for the (i) approval of accredited residential energy auditing training programs, (ii) certification of individuals and firms to engage in residential energy auditing, and (iii) establishment of standards for performing residential energy audits consistent with those recognized by the Energy Star Program and U.S. Environmental Protection Agency guidelines.
2. That the Board for Contractors shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
3. That the residential energy auditor appointed to the Board for Contractors pursuant to § 54.1-1102 of this act shall have practiced as a residential energy auditor for at least three consecutive years immediately prior to appointment.