Bill Text: GA HB1221 | 2011-2012 | Regular Session | Introduced
Bill Title: State Construction Industry Licensing Board; Division of Roofing Contractors; create
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-03-12 - House Second Readers [HB1221 Detail]
Download: Georgia-2011-HB1221-Introduced.html
12 LC
33 4697ER
House
Bill 1221
By:
Representatives Weldon of the
3rd,
Stephens of the
164th,
Bryant of the
160th,
Hightower of the
68th,
Harden of the
147th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating
to licensure and regulation of the practices of electrical contracting, plumbing
contracting, low-voltage electrical contracting, utility contracting, and
conditioned air contracting, so as to create the Division of Roofing Contractors
within the State Construction Industry Licensing Board; to provide for the
licensure and regulation of roofing contractors; to revise the statement of
legislative purpose and add definitions; to provide for requirements for
licensure; to prohibit unlicensed performance of roofing contracting; to provide
exceptions; to provide for sanctions for violations; to provide for related
matters; to provide for a contingent effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 43 of the Official Code of Georgia Annotated, relating to licensure
and regulation of the practices of electrical contracting, plumbing contracting,
low-voltage electrical contracting, utility contracting, and conditioned air
contracting, is amended by revising Code Section 43-14-1, relating to
declaration of purpose, as follows:
"43-14-1.
This
chapter is enacted for the purpose of safeguarding homeowners, other property
owners, tenants, and the general public against faulty, inadequate, inefficient,
or unsafe electrical, plumbing, low-voltage wiring, utility contracting,
roofing
contracting, or conditioned air
installations. The practice of electrical contracting, plumbing contracting,
installing, or repairing, low-voltage contracting, utility contracting,
roofing
contracting, and conditioned air
contracting are declared to be businesses or professions affecting the public
interest; and this chapter shall be liberally construed so as to accomplish the
purposes stated in this Code section."
SECTION
2.
Said
chapter is further amended by revising paragraph (12.1) of Code Section 43-14-2,
relating to definitions, as follows:
"(12.1)
'Roofing
contracting' means the construction, installation, application, alteration,
repair, remediation, reconstruction, removal, or replacement of a roof or
roofing system of a building or structure, including application of roof
covering, sheathing, coating materials and waterproofing membranes and the
related substrate, insulation, interconnecting soffit and gutter systems, roof
ventilation systems and underlayment, and flashing materials comprising such
roof or roofing system.
(12.2)
'Roofing contractor' means any person, including an individual, sole
proprietorship, partnership, limited liability company, or corporation who is
engaged in roofing contracting under express or implied contract or who bids
for, offers to perform, purports to have the capacity to perform, or does
perform roofing contracting under express or implied contract. An employee of a
roofing contractor who receives only a salary or hourly wage for performing
roofing contracting work shall not be required to be licensed under this
chapter, except that those employees upon whom the qualification for licensing
of a partnership, limited liability company, corporation, or other legal entity
is based, as required pursuant to Code Section 43-14-8.5, shall be
licensed.
(12.3)
'Telecommunication system' means a switching system and associated apparatus
which performs the basic function of two-way voice or data service, or both, and
which can be a commonly controlled system capable of being administered both
locally and remotely via secured access."
SECTION
3.
Said
chapter is further amended by revising subsection (b) of Code Section 43-14-3,
relating to the creation of the State Construction Industry Licensing Board, as
follows:
"(b)
The board shall be composed of
27
32
members as follows:
(1)
Five members known as the Division of Electrical Contractors, one of whom shall
be a consulting engineer engaged in electrical practice, another of whom shall
be the chief electrical inspector of a county or municipality and shall have
served in such office for five years immediately preceding appointment to the
board, and the remaining three of whom shall be engaged in the electrical
contracting business;
(2)
Five members known as the Division of Master Plumbers and Journeyman Plumbers,
one of whom shall be a full-time plumbing inspector of a county or municipality,
three of whom shall be master or contracting plumbers, and one of whom shall be
a journeyman plumber;
(3)
Five members known as the Division of Conditioned Air Contractors, one of whom
shall be a licensed professional engineer engaged in mechanical practice, one of
whom shall be the chief conditioned air inspector of a county or municipality,
and three of whom shall be conditioned air contractors with more than five years
of installation and service experience in the trade;
(4)
Five members known as the Division of Low-voltage Contractors, one of whom shall
be an alarm system low-voltage contractor, one of whom shall be an unrestricted
low-voltage contractor, one of whom shall be a telecommunication system
low-voltage contractor, one of whom shall be a professional electrical engineer,
and one of whom shall be the chief electrical inspector of a county or
municipality;
(5)
Five members known as the Division of Utility Contractors, three of whom shall
be utility contractors, one of whom shall be a registered professional engineer,
and one of whom shall be an insurance company representative engaged primarily
in the bonding of construction projects;
and
(6)
Five members known as the Division of Roofing Contractors, three of whom shall
be roofing contractors, one of whom shall be a licensed architect or a
registered professional engineer, and one of whom shall be the chief building
inspector of a county or municipality at the time of appointment;
and
(6)(7)
Two members who shall not have any connection with the electrical contracting,
roofing
contracting, plumbing, or conditioned air
contracting businesses whatsoever but who shall have a recognized interest in
consumer affairs and consumer protection concerns."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 43-14-4,
relating to the chairperson, meetings, organization of divisions, meetings of
divisions, and quorums within divisions, as follows:
"(a)
The office of chairperson shall be rotated among the
five
six
divisions enumerated in Code Section 43-14-3 unless the board, through its rules
and regulations, provides otherwise. Any vacancy in the office of chairperson
shall be filled by the members for the unexpired term. The person selected to
fill the vacancy shall be a member of the same division as the previous
chairperson."
SECTION
5.
Said
chapter is further amended by revising paragraphs (2) and (4) of Code Section
43-14-5, relating to the general powers of the board, as follows:
"(2)
Provide by regulation for reciprocity with other states in the registration and
licensing of electrical contractors, master plumbers, journeyman plumbers,
low-voltage contractors, utility contractors,
roofing
contractors, or conditioned air
contractors and in the certification of utility contracting foremen, provided
that such other states have requirements substantially equal to the requirements
in force in this state for registration, licensure, and certification; provided,
further, that a similar privilege is offered to residents of this
state;"
"(4)
Establish the policies for regulating the businesses of electrical contracting,
plumbing, low-voltage, utility,
roofing,
and conditioned air contracting;"
SECTION
6.
Said
chapter is further amended by revising subsection (a) of Code Section 43-14-6,
relating to powers and duties of divisions, as follows:
"(a)
The Division of Electrical Contractors, with respect to applicants for a license
to engage in or licensees engaging in the business of electrical contracting;
the Division of Master Plumbers and Journeyman Plumbers, with respect to
applicants for a license to engage in or licensees engaging in the business of
plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage
Contractors, with respect to applicants for a license to engage in or licensees
engaging in the business of low-voltage contracting; the Division of Utility
Contractors,
with respect to applicants for a license to engage in or licensees engaging in
the business of utility contracting and with respect to applicants for a
certificate to be a utility manager or utility foreman or holders of a utility
manager or utility foreman certificate;
and
the Division of Conditioned Air Contractors, with respect to applicants for a
license to engage in or licensees engaging in the business of conditioned air
contracting;
and the Division of Roofing Contractors, with respect to applicants for a
license to engage in or licensees engaging in the business of roofing
contracting, shall:
(1)
Approve examinations for all applicants for licenses or certificates, except for
utility contractor licenses and utility foreman certificates. The Division of
Electrical Contractors shall approve separate examinations for Class I and Class
II licenses. Class I licenses shall be restricted to electrical contracting
involving multifamily structures of not more than two levels or single family
dwellings of up to three levels. In addition, the structures shall have
single-phase electrical installations which do not exceed 400 amperes at the
service drop or the service lateral. Class II licenses shall be unrestricted.
The Division of Master Plumbers and Journeyman Plumbers shall approve separate
examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman
Plumbers. Master Plumber Class I licenses shall be restricted to plumbing
involving single-family dwellings and one-level dwellings designed for not more
than two families and commercial structures not to exceed 10,000 square feet in
area. Master Plumber Class II licenses shall be unrestricted. The Division of
Conditioned Air Contractors shall approve separate examinations for Class I and
Class II licenses. Class I licenses shall be restricted to the installation,
repair, or service of conditioned air systems or equipment not exceeding 175,000
BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses
shall be unrestricted. The Division of Low-voltage Contractors shall approve
separate examinations for Low-voltage Contractor Class LV-A, Low-voltage
Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage
Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and
general system low-voltage contracting, Class LV-T licenses shall be restricted
to telecommunication and general system low-voltage contracting, Class LV-G
licenses shall be restricted to general system low-voltage contracting, and
Class LV-U licenses shall be unrestricted and permit the performance of alarm,
telecommunication, and general system low-voltage
contracting.
The Division of Roofing Contractors shall have authority to develop and approve
an examination for roofing contracting in accordance with the provisions of Code
Section 43-14-8.5;
(2)
Register and license or grant a certificate and issue renewal licenses and
renewal certificates biennially to all persons meeting the qualifications for a
license or certificate. The following licenses or certificates shall be issued
by the divisions:
(A)
Electrical Contractor Class I;
(B)
Electrical Contractor Class II;
(C)
Master Plumber Class I;
(D)
Master Plumber Class II;
(E)
Journeyman Plumber;
(F)
Conditioned Air Contractor Class I;
(G)
Conditioned Air Contractor Class II;
(H)
Low-voltage Contractor Class LV-A;
(I)
Low-voltage Contractor Class LV-T;
(J)
Low-voltage Contractor Class LV-G;
(K)
Low-voltage Contractor Class LV-U;
(L)
Utility Contractor; Class A;
(M)
Utility Contractor; Class B;
(N)
Utility Contractor; Class U;
(O)
Utility Manager (certificate);
and
(P)
Utility Foreman (certificate);
and
(Q)
Roofing Contractor;
(3)
Investigate, with the aid of the division director, alleged violations of this
chapter or other laws and rules and regulations of the board relating to the
profession;
(4)
After notice and hearing, have the power to reprimand any person, licensee, or
certificate holder, or to suspend, revoke, or cancel the license or certificate
of or refuse to grant, renew, or restore a license or certificate to any person,
licensee, or certificate holder upon any one of the following
grounds:
(A)
The commission of any false, fraudulent, or deceitful act or the use of any
forged, false, or fraudulent document in connection with the license or
certificate requirements of this chapter or the rules and regulations of the
board;
(B)
Failure at any time to comply with the requirements for a license or certificate
under this chapter or the rules and regulations of the board;
(C)
Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants
to such an extent as to render the license or certificate holder unsafe or unfit
to practice any profession licensed or certified under this
chapter;
(D)
Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or
harm the public;
(E)
Knowingly performing any act which in any way assists an unlicensed or
noncertified person to practice such profession;
(F)
Violating, directly or indirectly, or assisting in or abetting any violation of
any provision of this chapter or any rule or regulation of the
board;
(G)
The performance of any faulty, inadequate, inefficient, or unsafe electrical,
plumbing, low-voltage contracting, utility contracting,
roofing
contracting, or conditioned air work
likely to endanger life, health, or property. The performance of any work that
does not comply with the standards set by state codes or by local codes in
jurisdictions where such codes are adopted, provided that such local codes are
as stringent as the state codes, or by other codes or regulations which have
been adopted by the board, shall be prima-facie evidence of the faulty,
inadequate, inefficient, or unsafe character of such electrical, plumbing,
low-voltage contracting, utility contracting,
roofing
contracting, or conditioned air work;
provided, however, that the board, in its sole discretion, for good cause shown
and under such conditions as it may prescribe, may restore a license to any
person whose license has been suspended or revoked;
(H)
With respect to utility contractors, the bidding by such a utility contractor in
excess of license coverage; or
(I)
With respect to utility contractors, violations of Chapter 9 of Title
25;
(5)
Review amendments to or revisions in the state minimum standard codes as
prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the
Department of Community Affairs shall be required to provide to the division
director a copy of any amendment to or revision in the state minimum standard
codes at least 45 days prior to the adoption thereof; and
(6)
Do all other things necessary and proper to exercise their powers and perform
their duties in accordance with this chapter."
SECTION
7.
Said
chapter is further amended in Code Section 43-14-8, relating to licensing
required for electrical, plumbing, or conditioned air contracting, by adding a
new subsection to read as follows:
"(c.1)
No person shall engage in the business of roofing contracting as a roofing
contractor, as an individual or sole proprietorship, unless such person has a
valid license from the Division of Roofing Contractors as provided by and in
accordance with Code Section
43-14-8.5."
SECTION
8.
Said
chapter is further amended by adding a new Code section to read as
follows:
"43-14-8.5.
(a)
For purposes of this Code section only, the term 'division' means the Division
of Roofing Contractors.
(b)
On and after one year from the date that this Code section becomes
effective:
(1)
No person shall engage in the business of roofing contracting as a roofing
contractor, as an individual or sole proprietorship, unless such person has a
valid license from the division, and
(2)
No partnership, limited liability company, or corporation shall engage in the
business of roofing contracting unless there is regularly connected with such
partnership, limited liability company, or corporation a person or persons
actually engaged in the performance of such business on a full-time basis and
supervising the roofing contracting work of all employees of such partnership,
limited liability company, or corporation, who have valid licenses for roofing
contracting issued to them as provided in this Code section. In a case where a
partnership, limited liability company, or corporation has more than one office
location from which roofing contracting is performed, at least one person
stationed in each such separate office of such partnership, limited liability
company, or corporation, engaged in the performance of roofing contracting on a
full-time basis and supervising the roofing contracting work of all employees of
each such office locations, shall have a valid license issued as provided in
this chapter.
(c)
Any person desiring to qualify under the provisions of this Code section who
meets the requirements of this Code section, submits proper application to the
division, is determined to be qualified by the division in accordance with the
requirements of this Code section and pursuant to any rules or regulations
promulgated by the division, satisfactorily completes the examination required
by this chapter, and pays or has paid the required fees and is not otherwise in
violation of this chapter shall be issued a state-wide Roofing Contractor
license. Such license shall be issued to the applicant as an individual or sole
proprietor to engage in the roofing contracting business in his or her own name,
and if the applicant is an individual already holding a valid license or
qualifying as an applicant for issuance of such license issued by the division
upon whom the qualification for licensing of a partnership, limited liability
company, or corporation is based, then such license shall also be in the name of
such partnership, limited liability company, or corporation.
(d)
The decision of the division as to the necessity of taking the examination or as
to the qualifications of applicants taking the required examination, shall, in
the absence of fraud, be conclusive.
(e)
On and after one year from the effective date of this Code section, all
individuals desiring to engage in the business of roofing contracting either as
an individual person doing business in a trade name or as a sole proprietor or
as an individual person qualifying any partnership, limited liability company,
or corporation to engage in the business of roofing contracting shall take the
examination and qualify under this Code section before engaging in such
vocation. Notwithstanding the foregoing, where the applicant is an individual
person acting as a qualifier for a partnership, limited liability company, or
corporation and has previously obtained and maintained continuously a license
issued by the division then the examination requirement shall not apply to such
application.
(f)
It shall be the duty of all partnerships, limited liability companies, and
corporations qualified under this Code section to notify the division in
writing, in accordance with board rules, of death or other severance of
connection with any such person or persons upon whom the qualification of any
such partnership, limited liability company, or corporation was based. Such
notice shall additionally specify whether any other licensed individual then
currently qualifies the partnership, limited liability company, or corporation
under this chapter, and of the name and address of such person. The employees
or successors of such individual or such partnership, limited liability company,
or corporation shall continue to be authorized to engage in the business of
roofing contracting under a license which was valid at the time of the
individual licensee's death or severance for a period of 90 days following the
date of such death or severance without replacement of such licensed
individual.
(g)(1)
All applicants for examinations and licenses provided for by this Code section
and all applicants for renewal of licenses under this Code section shall be
required to fill out a form which shall be provided by the division, which form
shall show whether the applicant is an individual doing business in a trade name
or a sole proprietorship or an individual seeking to qualify a partnership,
limited liability company, or corporation. The form shall require the name and
address of the individual applicant, and, if a partnership, limited liability
company, or corporation, its name and business address, the name and address of
each partner, member, or officer, and when and where formed or incorporated, and
such other information as the division may require in its discretion. All forms
of application for renewal of licenses shall show whether or not the applicant,
if it is a partnership, limited liability company, or corporation, has connected
with it a qualified person holding a license issued by the division, and if so
the name and address of each such person.
(2)
As further qualification for issuance of a roofing contracting license, or
renewal of such license, an applicant shall demonstrate to the satisfaction of
the division by information submitted in the application and proofs furnished in
support, in a manner to be determined by the division, that the
applicant:
(A)
Has adopted and implemented a written safety plan or policy addressing the
welfare and safety of employees and other persons or property that may be
affected by the performance of its work as a roofing contractor, including a
requirement for regularly scheduled safety meetings for all field
personnel;
(B)
Possesses the requisite competency, ability, and integrity to engage in and
perform the business of roofing contracting;
(C)
Is financially responsible and possesses sufficient financial resources to
engage in the roofing contracting business; and
(D)
Has general liability insurance relative to the engagement in the business of
roofing contracting, and workers' compensation insurance as required by
law.
Provided,
however, that where an application is submitted by a person acting as a
qualifier of a partnership, limited liability company, or corporation, the
proofs and information provided for by this subsection shall relate to such
partnership, limited liability company, or corporation.
(h)
The division shall notify each local governing authority of the provisions of
this Code section relating to licensure, especially the provisions of subsection
(b) of this Code section. The division shall notify such governing authorities
that one year after the effective date of this Code section any person desiring
a license to engage in roofing contracting shall be required to pass an
examination as provided in this chapter.
(i)
On and after one year from the effective date of this Code section, it shall be
unlawful for any person to contract with any other person for performance of
roofing contracting requiring a license from the division for such work unless
the contracting party has a current, valid license as a roofing contractor
pursuant to this chapter.
(j)
As a condition to the renewal of licenses, the division may require licensees to
complete continuing education in safety, technical training and advances,
business management, and government regulation, or other topics addressing the
business of roofing contracting, in a format approved by the division, and not
exceeding four hours per renewal. The division shall be authorized to waive the
requirements of this subsection in cases of hardship, disability, or illness or
under such other circumstances as the division deems appropriate. All
provisions of this subsection relating to continuing education shall be
administered by the division.
(k)
Notwithstanding any other provision of this chapter, a person who engages in
roofing contracting in which the contract price of the work on any roofing
project does not exceed $500.00 shall not be required to comply with the
requirements of this chapter applicable to roofing contractors; provided,
however, that it shall be unlawful to subdivide a single roofing project to
avoid the requirements of this chapter.
(l)
The division shall be authorized to promulgate reasonable rules and regulations
for the implementation of the provisions of this Code
section."
SECTION
9.
Said
chapter is further amended by adding a new Code section to read as
follows:
"43-14-12.3.
(a)
If a person is in violation of Code Section 43-14-8.5, it shall not be necessary
for an investigator to observe or witness the unlicensed person engaged
illegally in the process of work or to show work in progress or work completed
in order to prove the unlawful practice of roofing contracting by an unlicensed
person.
(b)
It shall be prima-facie evidence of a violation of this chapter if any person
not licensed as a roofing contractor advertises that such person is in the
business or profession of a roofing contractor or advertises in a manner such
that the general public would believe that such person is a licensed roofing
contractor or in the business or profession of roofing contracting. Advertising
under this subsection includes, but is not limited to, newspaper, television,
radio, telephone directory, mailings, business cards, or signage at a place of
business or attached to a vehicle.
(c)
Notwithstanding the provisions of Code Section 43-1-20.1, after notice and
hearing, the board may issue a cease and desist order prohibiting any person
from violating the provisions of this chapter by engaging in the business or
profession of roofing contracting without a license as required under this
chapter.
(d)
The violation of any cease and desist order of the board issued under subsection
(c) of this Code section shall subject the person violating the order to further
proceedings before the board, and the board shall be authorized to impose a fine
not to exceed $500.00 for each violation thereof. Each day that a person
practices in violation of this Code section and chapter shall constitute a
separate violation.
(e)
Nothing in this Code section shall be construed to prohibit the board from
seeking remedies otherwise available by statute without first seeking a cease
and desist order in accordance with the provisions of this Code
section."
SECTION
10.
Said
chapter is further amended by revising Code Section 43-14-13, relating to
applicability of the chapter, as follows:
"(a)
This chapter shall apply to all installations, alterations, and repairs of
plumbing, air-conditioning and heating,
roofing,
or electrical or low-voltage wiring or utility systems within or on public or
private buildings, structures, or premises except as otherwise provided in this
Code section.
(b)
Any person who holds a license issued under this chapter may engage in the
business of plumbing, electrical contracting, conditioned air contracting,
low-voltage contracting,
roofing
contracting, or utility contracting but
only as prescribed by the license, throughout the state; and except as provided
in Code Section 43-14-12, no municipality or county may require such person to
comply with any additional licensing requirements imposed by such municipality
or county.
(c)
This chapter shall not apply to the installation, alteration, or repair of
plumbing, air-conditioning and heating, utility systems, or electrical services,
except low-voltage wiring services, up to and including the meters where such
work is performed by and is an integral part of the system owned or operated by
a public service corporation, an electrical, water, or gas department of any
municipality in this state, a railroad company, a pipeline company, or a mining
company in the exercise of its normal function as such.
(d)
This chapter shall not prohibit an individual from installing, altering, or
repairing plumbing fixtures, air-conditioning and heating, air-conditioning and
heating fixtures, utility systems,
a roof or its
elements and components, or electrical or
low-voltage wiring services in a residential dwelling owned or occupied by such
individual; provided, however, that all such work must be done in conformity
with all other provisions of this chapter, the rules and regulations of the
board, and any applicable county or municipal resolutions, ordinances, codes, or
inspection requirements.
(e)
This chapter shall not prohibit an individual employed on the maintenance staff
of a facility owned by the state or by a county, municipality, or other
political subdivision from installing, altering, or repairing plumbing, plumbing
fixtures, air-conditioning and heating fixtures, utility systems,
a roof or its
elements and components, or electrical or
low-voltage wiring services when such work is an integral part of the
maintenance requirements of the facility; provided, however, that all such work
must be done in conformity with all other provisions of this chapter and the
orders, rules, and regulations of the board.
(f)
This chapter shall not prohibit any person from installing, altering, or
repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures,
utility systems,
a roof or its
elements and components, or electrical or
low-voltage wiring services in a farm or ranch service building or as an
integral part of any irrigation system on a farm or ranch when such system is
not located within 30 feet of any dwelling or any building devoted to animal
husbandry. Nothing in this subsection shall be construed to limit the
application of any resolution, ordinance, code, or inspection requirements of a
county or municipality relating to such connections.
(g)
This chapter shall not apply to low-voltage wiring performed by public
utilities, except that such portion of the business of those public utilities
which involves the installation, alteration, repair, or service of
telecommunication systems for profit shall be covered under this
chapter.
(h)
This chapter shall not apply to the installation, construction, or maintenance
of power systems or telecommunication systems for the generation or distribution
of electric current constructed under the National Electrical Safety Code, which
regulates the safety requirements of utilities; but the interior wiring
regulated by the National Electrical Safety Code would not be exempt and must be
done by an electrical contractor except as otherwise provided by
law.
(i)
This chapter shall not apply to any technician employed by a municipal or
county-franchised community antenna television (CATV) system or a municipally
owned community antenna television system in the performance of work on the
system.
(j)
This chapter shall not apply to regular full-time employees of an institution,
manufacturer, or business who perform plumbing, electrical, low-voltage wiring,
utility contracting,
roofing,
or conditioned air work when working on the premises of that
employer.
(k)
This chapter shall not apply to persons licensed as manufactured or mobile home
installers by the state fire marshal when:
(1)
Coupling the electrical connection from the service entrance panel outside the
manufactured housing to the distribution panel board inside the manufactured
housing;
(2)
Connecting the exterior sewer outlets to the above-ground sewer system;
or
(3)
Connecting the exterior water line to the above-ground water
system.
(l)
Any person qualified by the Department of Transportation to perform work for the
department shall not be required to be licensed under Code Section 43-14-8.2
or
43-14-8.5 or certified under Code Sections
43-14-8.3 and 43-14-8.4 in order to perform work for the department. Any person
qualified by the Department of Transportation to perform work for the department
shall not be required to be licensed under Code Section 43-14-8.2
or
43-14-8.5 or certified under Code Sections
43-14-8.3 and 43-14-8.4 in order to perform work for a county, municipality,
authority, or other political subdivision when such work is of the same nature
as that for which the person is qualified when performing department work;
provided, however, that such work is not performed on a utility system as
defined in paragraph (17) of Code Section 43-14-2 for which the person receives
compensation.
(m)
This chapter shall not prohibit any person from installing, altering, or
repairing the plumbing component of a lawn sprinkler system from a backflow
preventer which was installed by a licensed plumber; provided, however, that all
such work must be done in conformity with all other provisions of this chapter,
the rules and regulations of the board, and ordinances of the county or
municipality.
(n)
Any person who contracts with a licensed conditioned air contractor as part of a
conditioned air contract to install, alter, or repair duct systems, control
systems, or insulation is not required to hold a license from the Division of
Conditioned Air Contractors. The conditioned air contractor must retain
responsibility for completion of the contract, including any subcontracted work.
Any person who contracts with a licensed conditioned air contractor to perform a
complete installation, alteration, or repair of a conditioned air system must
hold a valid license from the Division of Conditioned Air Contractors. Any
person who contracts to perform for or on behalf of a conditioned air contractor
to install, alter, or repair electrical, low-voltage, or plumbing components of
a conditioned air system must hold a valid license from the appropriate division
of the board.
(o)
This chapter shall not prohibit any propane dealer who is properly insured as
required by law and who holds a liquefied petroleum gas license issued by the
Safety Fire Commissioner from installing, repairing, or servicing a propane
system or the gas piping or components of such system; provided, however, that
such propane dealers shall be prohibited from performing the installation of
conditioned air systems or forced air heating systems unless licensed to do so
under this chapter.
(p)
This chapter shall not apply to any employee or authorized agent of a regulated
gas utility or municipal owned gas utility while in the course and scope of such
employment.
(q)
Any utility contractor holding a valid utility contractor's license under this
chapter shall be authorized to bid for and perform work on any utility system in
this state without obtaining a license under Chapter 41 of this title. It shall
be unlawful for the owner of a utility system or anyone soliciting work to be
performed on a utility system to refuse to allow a utility contractor holding a
valid utility contractor's license under this chapter to bid for or perform work
on a utility system on the basis that such contractor does not hold a license
under Chapter 41 of this title.
(r)
Nothing in this chapter shall preclude a person, including an individual, sole
proprietorship, partnership, limited liability company, or corporation,
possessing a current and valid residential contracting or general contracting
license issued under Chapter 41 of this title, from performing construction work
or services with its own employees under engagement directly by or otherwise
directly for an owner of real property, which work would otherwise constitute
roofing contracting requiring a license under this chapter for such work,
provided that:
(1)
The total scope of the work to be performed is predominantly of the type for
which such contractor is licensed under Chapter 41 of this title, and any work
comprising roofing contracting under the provisions of this chapter is
incidental to and an integral part of the work performed within the scope of
such license under Chapter 41 of this title and does not exceed 25 percent of
the total value at the time of contracting of the work to be
performed;
(2)
Such residential or general contractor licensee shall not delegate or assign the
responsibility to directly supervise and manage the performance of such work to
another person unless such person is licensed under this chapter and the work
being performed by such person is within the scope of that person's license;
and
(3)
The residential or general contractor licensee performing such work has
completed continuing education in safety, technical training and advances,
business management, and government regulation, or other topics addressing the
business of roofing contracting that would satisfy the continuing education
requirements of subsection (j) of Code Section 43-14-8.5 as a condition of
license renewal."
SECTION
11.
This
Act shall become effective only when funds are specifically appropriated for
purposes of this Act in an appropriations Act making specific reference to this
Act.
SECTION
12.
All
laws and parts of laws in conflict with this Act are repealed.
