Bill Text: VA HB576 | 2024 | Regular Session | Prefiled
Bill Title: Contractors, Board for; required regulations and disclosures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-04-17 - Governor: Governor's Action Deadline 11:59 p.m., May 17, 2024 [HB576 Detail]
Download: Virginia-2024-HB576-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §54.1-1102 of the Code of Virginia is amended and reenacted as follows:
§54.1-1102. Board for Contractors membership; offices; meetings; seal; record.
A. The Board for Contractors shall be composed of 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 professional engineer licensed in accordance with Chapter 4 (§54.1-400 et seq.); and two members shall be nonlegislative citizen members. The terms of the Board members shall be four years.
The Board shall meet at least once each year 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. Nine members of the Board shall constitute a quorum.
B. 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. In addition, the Board shall (i) require a contractor to appropriately classify all workers as employees or independent contractors, as provided by law and (ii) provide that any contractor who is found to have intentionally misclassified any worker is subject to sanction by the Board.
C. The Board may shall 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
shall require that a statement of protections be provided
by the contractor to the homeowner, consumer,
or buyer, as the case may be.
In transactions involving alternative energy system contracting, the Board shall require that the following disclosures be included as a cover sheet to the written contract and signed by both the consumer and the prime contractor:
a. The license number of the prime contractor, the license number of the contractor holding an alternative energy system contracting license, and if the contract is for roof-mounted solar panels, the license number of the contractor holding a roofing contractor license;
b. Detailed description of energy production estimates, system performance, and maintenance requirements;
c. Full disclosure of financial obligations, including costs, financing, liens, or encumbrances;
d. Clear description of any warranties and guarantees associated with the system and installation; and
e. Information on cancellation rights, including any cooling-off period for contracts.
D. 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.
E. The Director shall maintain a record of the proceedings of the Board.
