Bill Text: GA SB106 | 2011-2012 | Regular Session | Introduced

Georgia Senate Bill 106 (Prior Session Legislation)

Introduced

Bill Title: Contractors; State Licensing Board for Residential and General Contractors; change certain duties

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2011-02-17 - Senate Read and Referred [SB106 Detail]

Download: Georgia-2011-SB106-Introduced.html

11 LC 21 1045

Senate Bill 106

By: Senators Ligon, Jr. of the 3rd, Loudermilk of the 52nd, Williams of the 19th and Seabaugh of the 28th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change certain definitions; to change certain duties of the State Licensing Board for Residential and General Contractors; to change certain provisions relative to property owners acting as contractors; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, is amended in Code Section 43-41-2, relating to definitions, by revising paragraphs (5) and (9), as follows:

"(5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do, subject to the financial limitations as may be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $1 million; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter."

"(9) 'Residential contractor' means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00 $1 million. The term 'residential contractor' shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title."

SECTION 2.

Said chapter is further amended in Code Section 43-41-5, relating to board meetings, power of the board and its divisions, investigations, immunity from liability, failure to appear at hearing, voluntary surrender, application, and subpoena, by revising paragraphs (3) and (8) of subsection (b), as follows:

"(3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title; provided, however, that in no event shall the total of the fees required for a person to become licensed under this chapter exceed $250.00;"

"(8) Establish and define appropriate categories of general contractor licensure based upon financial criteria where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $1 million; and"

SECTION 3.

"(k) Notwithstanding any provision of this Code section to the contrary, the board shall not impose a requirement of a line of credit for any project less than $2 million in excess of $15,000.00."

SECTION 4.

Said chapter is further amended in Code Section 43-41-17, relating to the effective date of licensing and sanctioning provisions, unenforceable contracts, compliance with county or municipal requirements, exemption for Department of Transportation contractors, and other exemptions, by revising subsection (h) as follows:

"(h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered for sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, if, under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or corporation did not intend such building solely for occupancy by that person and his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within the scope of that person's license. In any event, however, all such work must be done in conformity with all other applicable provisions of this title, the rules and regulations of the board and division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.