PROPOSED REGULATIONS
For information concerning Proposed Regulations, see Information Page.
Symbol Key
Roman type indicates existing text of regulations. Italic type indicates proposed new text.
Language which has been stricken indicates proposed text for deletion.
TITLE 18. PROFESSIONAL AND that requires a licensed contractor to ensure that supervision
is provided to all helpers and laborers assisting licensed
OCCUPATIONAL LICENSING tradesmen; (vii) increase the reinstatement period in order to
conform with the tradesman licensing requirements; (viii)
amend the requirement that a designated employee be either
BOARD FOR CONTRACTORS
a full-time employee or a member of responsible
Title of Regulation: 18 VAC 50-22. Board for Contractors management to bring it into agreement with the statutory
Regulations (amending 18 VAC 50-22-10, 18 VAC 50-22- requirement that the designated employee must be a full-time
20, 18 VAC 50-22-30, 18 VAC 50-22-50, 18 VAC 50-22-60, employee; and (ix) remove the returned check fee from the
18 VAC 50-22-100, 18 VAC 50-22-140, 18 VAC 50-22-170, regulations, which is actually an administrative fee assigned
18 VAC 50-22-250, and 18 VAC 50-22-260; repealing by the Department of Professional and Occupational
18 VAC 50-22-270). Regulation, not controlled by the Board for Contractors and,
as such, should not be included in the regulations.
Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code
of Virginia. Originally, proposed regulations were submitted for Executive
Branch Review in August of 2003, however, during that
Public Hearing Dates: review period, the Board for Contractors reconsidered the
June 14, 2005 - 1 p.m. (Richmond) public comment received during the NOIRA comment period.
July 13, 2005 - 7 p.m. (Abingdon) That reconsideration resulted in the addition of the definitions
July 14, 2005 - 7 p.m. (Chesapeake) and requirements described in number six.
An additional hearing will be scheduled in Prince William or
Fairfax. The amendments to the definitions will serve multiple
Public comments may be submitted until July 29, 2005. purposes related to the health, safety and welfare of the
(See Calendar of Events section public. First, the General Assembly determined that the most
for additional information) prudent and efficient way to protect consumers who utilize the
services of electronic security alarm contractors was to house
Agency Contact: Eric Olson, Executive Director, Board for the program exclusively at the Department of Criminal Justice
Contractors, 3600 West Broad Street, Richmond, VA 23230, Services, hence the removal of the program from under the
telephone (804) 367-2785, FAX (804) 367-2474, or e-mail authority of the Board for Contractors. Other amendments to
eric.olson@dpor.virginia.gov. the definitions protect the public by making sure the
Basis: Section 54.1-1102 of the Code of Virginia provides the regulations are clear in the definition of the scope of practice
authority for the Board for Contractors to promulgate allowed for each specialty classification, ensuring that only
regulations for the licensure of contractors in the those contractors who are qualified, complete specific
Commonwealth. The content of the regulations is determined contracting work.
at the discretion of the board, but shall not be in conflict with Substance: The primary substantive changes to the
the purposes of the statutory authority. definitions of the permitted scope of practice defined in
Purpose: The purpose of amending these regulations is to (i) 18 VAC 50-22-20 involve amending the definition of the liquid
remove the definition of the alarm/security systems petroleum gas (LPG) and natural gas fitting (NGF) specialties
contracting specialty that has been specifically exempted by in order to clarify that a contractor holding the gas-fitter (GFC)
statute of the requirement to hold a contractor license; (ii) specialty is also permitted to perform that work and to remove
amend the definition of highway/heavy contractor to include the alarm/security systems specialty classification from the
the function of steel erection in response to changes in the regulations as that practice is now statutorily exempt from
industry; (iii) amend the definition of equipment/machinery licensure.
contracting to include boilers regulated by the Department of Other changes to the scope of practice descriptions were
Labor and Industry that would not come under the expertise made as a result of changes in the industry involving boilers
of contractors holding a license with the HVAC specialty; (iv) regulated by the Department of Labor and Industry and the
remove "bricks" from the list of activities that do not have their licensing of firms involved in steel erection.
own specialty, as the masonry specialty was added to the
regulations with the 1999 amendments; (v) correct the As a result of public comment received during the NOIRA
definitions of liquefied petroleum gas contracting and natural comment period a substantive change is being proposed
gas fitting provider contracting that were promulgated in 2001 jointly to the definitions and the prohibited acts. This change
that, as currently written, have led to confusion at numerous adds the definition of helpers/laborers, supervision and
localities regarding the scope of practice permitted by supervisor and, in conjunction with the proposed change to
licensees holding the gas fitting contractor specialty; (vi) add the prohibited acts, requiring supervision of helpers and
the definitions of helper/laborer, supervisor and supervision to laborers assisting licensed tradesmen.
the definitions in conjunction with the addition of a provision
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
1
Proposed Regulations
Additional changes involve the regulatory eligibility property. The analysis presented below represents DPB’s
requirements for the designated employee of a licensee, best estimate of these economic impacts.
amended to conform with those inferred in the statutes, the
extension of the license reinstatement period from six months Summary of the proposed regulation. The proposed
to one year, and the removal of an administrative fee charged regulations will (i) remove alarm/security systems specialty
by the Department of Professional and Occupational classification from the regulations, (ii) require tradesmen to
Regulation. supervise helpers and laborers, (iii) increase the license
reinstatement period from six months to one year, (iv) remove
Issues: In amending these regulations, the Board for the requirement that contracts include the expiration date of
Contractors is continuing to provide necessary public the contractor’s license, and (v) clarify the language in a
protection tasked to them through existing statutes. These number of places regarding the definition or the scope of
proposed amendments will, without compromising that several specialties and the fee schedule.
protection, clarify existing requirements, essentially providing
an advantage to certain contractors by allowing them to Estimated economic impact. An amendment to § 54.1-1103
complete work they are qualified to complete and trained to E of the Code of Virginia in 2002 removed the licensure
perform without the added burden of obtaining additional requirements under these regulations for private security
licenses or interpretations from the board. Further protection businesses offering installation, maintenance, and design
will be afforded the public by ensuring that trade-related work services. Prior to this statutory change, alarm/security
completed by nonlicensed tradesman be periodically systems specialty was regulated by the Board of Contractors
inspected by licensed tradesman to ensure that the work is as well as by the Department of Criminal Justice Services.
performed properly and to the standards required by the trade With the proposed changes, these contractors will no longer
and other applicable statutes, regulations and standards. be regulated by the Board of Contractors (the board).
Additionally, the extension of the reinstatement period from According to the Department of Professional and
six months to one year will decrease the burden (both Occupational Regulation (the department), there were 600
financial and administrative) of those contractors subject to contractors with an alarms systems contracting license. Of
that section of the regulations. these, only 100 individuals did not have any other license
while the remaining 500 had a license in other specialties. Of
The amendment of these regulations will be advantageous to the 100, 25 later obtained a license from the board in a
the agency by decreasing the contact required with the related area. Thus, the net annual revenue loss to the board
regulant population to provide technical assistance and to is approximately $5,000 for 75 regulants, which is
process applications for licensure or amendments to existing inconsequential for the board. According to the department,
licenses. This will increase the amount of time staff can no significant effect on health and safety is expected, as
dedicate to application processing, subsequently reducing the these contractors will continue to be regulated by the
current waiting time experienced by all applicants. Currently Department of Criminal Justice Services.
the board’s staff spends a considerable amount of time
processing applications and providing guidance to both the Also, the board proposes a requirement for supervision of
regulant population and the general public in those areas helpers or laborers by a licensed tradesman. According to the
impacted by these proposed amendments. department, about 32,000 tradesmen are currently licensed
and approximately 23,000 businesses provide services in
The amendment of the definitions in these proposed related service areas such as plumbing, gas fitting, and
regulations will provide needed clarification to the building HVAC. However, there is no available information on the
officials of the various localities throughout the number of helpers and laborers assisting licensed tradesmen.
Commonwealth who are tasked with issuing permits to those Although we do not know the number of laborers and helpers,
contractors who are appropriately licensed. Permitting staff at roughly about 20% of them are believed to perform tasks
localities utilize the definitions of the scope of practice to without the proposed supervision requirement because many
determine if the work listed on the application for a building companies already have incentives to perform a good service
permit falls into the classification or specialty shown on the for consumer satisfaction. These companies that do not
license of the contractor applying for the permit. currently provide the proposed supervision are most likely to
be affected by this change.
Department of Planning and Budget's Economic Impact
Analysis: The Department of Planning and Budget (DPB) has Another factor that compounds the difficulty of assessing the
analyzed the economic impact of this proposed regulation in economic effects is the uncertainty about the actual
accordance with § 2.2-4007 H of the Administrative Process enforcement of the supervision requirement. With this
Act and Executive Order Number 21 (02). Section 2.2-4007 H requirement, a tradesman will be required to be accessible to
requires that such economic impact analyses include, but the helper or laborer and will be required to periodically
need not be limited to, the projected number of businesses or observe and evaluate the performance of the task or
other entities to whom the regulation would apply, the identity procedure. Because "being accessible" is case specific, the
of any localities and types of businesses or other entities proposed regulations do not contain any specific language on
particularly affected, the projected number of persons and how this requirement could be satisfied, but leaves it to the
employment positions to be affected, the projected costs to board’s interpretation in the event a determination must be
affected businesses or entities to implement or comply with made. For example, a plumbing tradesman may be
the regulation, and the impact on the use and value of private considered accessible by a cellular phone, or by time while a
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
2
Proposed Regulations
gas-fitting tradesman may be considered accessible only by additional costs. Risk-averse firms facing uncertainty as to
physical presence at the work site. how to make tradesmen accessible to helpers and laborers
may over invest in their compliance efforts in the fear of being
In short, we do not know exactly how many companies will be found out of compliance. Some firms may also disagree with
actually affected and how they will comply with this the adverse determinations of the board and incur some
requirement making it impossible to determine if significant litigation costs in order to determine whether their tradesmen
economic effects should be expected. The following were accessible. These costs arising from uncertainty
discussion is based on the assumption that the proposed involved in determining what is "being accessible" would
supervision requirement will introduce nonnegligible costs for introduce some economic inefficiencies.
a nonnegligible number of firms.
On the other hand, the expected benefits of the proposed
The proposed requirement will increase the number of supervision requirement may include a decreased likelihood
tradesman required to supervise the same number of helpers for health and safety risks that would otherwise be present.
or laborers at the aggregate. The optimal individual company For instance, it is possible that there may be a reduced
response to this change is hiring additional tradesmen while number of gas explosions from improperly installed gas
laying off some of the laborers or helpers and reducing equipment, a reduced number of electrical fires, a reduced
service production due to increased compliance costs. Thus, number of plumbing malfunctions, etc. However, we do not
the initial effects of this change at the aggregate are an know whether any of these expected reduction in the potential
increase in demand for skilled tradesmen and a decrease in health and safety risks would actually materialize as a result
demand for laborers and helpers. However, increased of the proposed supervision requirement.
compliance costs would force some individual firms to reduce
production reducing the market demand for both skilled and Another proposed change will extend the licensure
unskilled labor. When all the effects are realized, the demand reinstatement period from six months to one year to conform
for tradesmen may be higher even though significant to tradesman licensing regulations. The department estimates
compliance costs may result in a net reduction while the that about 200 licensees apply for reinstatement annually.
demand for helpers and laborers would be certainly lower. The reinstatement is accomplished simply by paying the
reinstatement fee. The main benefit of this change is allowing
The companies that do not already provide the proposed level contractors more time to reinstate their licensure status.
of supervision will have to reduce the supply of services a According to the department, during the reinstatement period
tradesman must supervise because the same service will be and until the fee is paid, a contractor is legally neither
completed at a higher cost. These costs include increased licensed nor unlicensed. Since contractors are not deemed
skilled labor costs and other compliance costs such as unlicensed, existing or new customers will be able to resume
expenses for communication equipment, for gas, for vehicles, or start a normal business relationship with a contractor for an
for lodging, etc. A reduction in the supply of services will additional six months. Also, customers will be afforded the
eventually result in higher prices. Thus, we expect to see an board’s protection for an additional six months because
initial increase in service prices and a reduced volume of contractors are subject to these regulations during the
these services purchased by the consumers. reinstatement period.
The proposed supervision requirement could also affect Another proposed change will remove the requirement that a
consumer perception and choice about the tradesmen contractor list the expiration date of his license on the
services. Some consumers may associate increased contract. Thus, contractors using printed contracts will not
supervision with better quality and increase their willingness have to reprint their contracts every two years and save some
to pay for the same services. Thus, a further upward pressure printing expenses. This information is accessible through the
on the prices of services offered and an increase in the department’s website or through telephone confirmation with
volume of services consumed could result which would the licensing staff.
balance the initial negative effect on the volume traded.
However, the higher prices could cause some others who do The board also proposes to clarify some of the current
not associate more supervision with high quality to reduce the language. These include (i) clarifying that
volume of services they are willing to purchase. The net equipment/machinery contracting specialty includes
market effects are likely to be higher prices than the current installation or removal of boilers exempted by the Virginia
prices and a lower volume of services consumed than the Uniform Statewide Building Code, but regulated by the
current level. Department of Labor and Industry, (ii) clarifying that
heating/ventilating/air-conditioning contractors may perform
In summary, however significant they may be, the likely incidental lead abatement work, (iii) clarifying that gas fitting
economic effects in the market are an increase or possibly a contractors may perform liquefied petroleum gas contracting
decrease in demand for skilled tradesmen and a decrease in and natural gas contracting, (iv) clarifying that being a
demand for laborers and helpers. This could cause an member of responsible management of a firm is not sufficient
increase or possibly a decrease in tradesman wages while to be a designated employee under the Code of Virginia, (v)
reducing wages for unskilled labor. Also, we expect to see removing bricks from the definition of work that does not have
higher service prices than the current level and a lower a specialty as there is a specialty for masonry contracting, (vi)
volume of services consumed than the current level. removing the dishonored check fee from the regulations
Moreover, the fact that the compliance with "being accessible" because this administrative fee is not under the authority of
is case specific and open to interpretation may create some the board, but rather under the authority of the department,
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
3
Proposed Regulations
and (vii) adding steel erection to the list of functions may be "Business entity" means a sole proprietorship, partnership,
performed by highway/heavy contractors. corporation, limited liability company, limited liability
partnership, or any other form of organization permitted by
All of these proposed changes for clarification purposes are law.
consistent with the board’s policy currently enforced in
practice. So, no significant change in practice is anticipated to "Controlling financial interest" means the direct or indirect
result from these clarifications. However, the current language ownership or control of more than 50% ownership of a firm.
has been creating some confusion among the regulants and
the building officials. Thus, the proposed clarifications are "Firm" means any business entity recognized under the laws
expected to reduce the potential for confusion and of the Commonwealth of Virginia.
consequently save some staff time for the affected entities. "Formal vocational training" means courses in the trade
Businesses and entities affected. There are approximately administered at an accredited educational facility; or formal
83,440 businesses and individuals with licenses from the training, approved by the department, conducted by trade
board of contractors. associations, businesses, military, correspondence schools or
other similar training organizations.
Localities particularly affected. The proposed regulations
apply throughout the Commonwealth. "Full-time employee" means an employee who spends a
minimum of 30 hours a week carrying out the work of the
Projected impact on employment. The proposed supervision licensed contracting business.
requirement is expected to cause an increase or a possible
decrease in the demand for tradesman positions and a "Helper" or "laborer" means a person who assists a licensed
reduction in the demand for unskilled laborer and helper tradesman and who is not an apprentice as defined in 18 VAC
positions. However, the likely sizes of these impacts are not 50-30-10.
known. "Licensee" means a firm holding a license issued by the
Effects on the use and value of private property. The Board for Contractors to act as a contractor, as defined in
proposed supervision requirement would increase costs for § 54.1-1100 of the Code of Virginia.
some businesses providing tradesmen services. Increased "Net worth" means assets minus liabilities. For purposes of
costs would reduce future profit streams and decrease the this chapter, assets shall not include any property owned as
value of these businesses. On the other hand, reduced risks tenants by the entirety.
to property from gas explosions, electrical fires, or plumbing
malfunctions would have a positive effect on property values "Reciprocity" means an arrangement by which the licensees
at the aggregate. However, we do not know whether any of of two states are allowed to practice within each other's
these effects would be significant. boundaries by mutual agreement.
Agency's Response to the Department of Planning and "Reinstatement" means having a license restored to
Budget's Economic Impact Analysis: The Board for effectiveness after the expiration date has passed.
Contractors concurs with the analysis of the Department of "Renewal" means continuing the effectiveness of a license for
Planning and Budget for the proposed regulation, 18 VAC 50- another period of time.
22, Board for Contractors Regulations.
"Responsible management" means the following individuals:
Summary:
1. The sole proprietor of a sole proprietorship;
The proposed amendments (i) remove the alarm/security
systems specialty classification from the regulations; (ii) 2. The partners of a general partnership;
require tradesmen to supervise helpers and laborers; (iii)
3. The managing partners of a limited partnership;
increase the license reinstatement period from six months
to one year; (iv) remove the requirement that contracts 4. The officers of a corporation;
include the expiration date of the contractor’s license; and
(v) clarify the language in a number of places regarding the 5. The managers of a limited liability company;
definition or the scope of several specialties and the fee 6. The officers or directors of an association or both; and
schedule.
7. Individuals in other business entities recognized under
18 VAC 50-22-10. General definitions. the laws of the Commonwealth as having a fiduciary
The following words and terms when used in this chapter, responsibility to the firm.
unless a different meaning is provided or is plainly required by "Sole proprietor" means any individual, not a corporation, who
the context, shall have the following meanings: is trading under his own name, or under an assumed or
"Affidavit" means a written statement of facts, made fictitious name pursuant to the provisions of §§ 59.1-69
voluntarily, and confirmed by the oath or affirmation of the through 59.1-76 of the Code of Virginia.
party making it, taken before a notary or other person having "Supervision" means providing guidance or direction of a
the authority to administer such oath or affirmation. delegated task or procedure by a tradesman licensed in
accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title
54.1 of the Code of Virginia, being accessible to the helper or
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
4
Proposed Regulations
laborer, and periodically observing and evaluating the Roads
performance of the task or procedure. Runways
Streets
"Supervisor" means the licensed master or journeyman
Structural signs & lights
tradesman who has the responsibility to ensure that the Tanks
installation is in accordance with the applicable provisions of
the Virginia Uniform Statewide Building Code and provides The functions carried out by these contractors include but are
supervision to helpers and laborers as defined in this chapter. not limited to the following:
"Tenants by the entirety" means a tenancy which is created Building demolition
between a husband and wife and by which together they hold Clearing
title to the whole with right of survivorship so that, upon death Concrete work
of either, the other takes whole to exclusion of the deceased's Excavating
remaining heirs. Grading
Nonwater well drilling
18 VAC 50-22-20. Definitions of license classifications.
Paving
The following words and terms, when used in this chapter, Pile driving
unless a different meaning is provided or is plainly required by Road marking
the context, shall have the following meanings: Steel erection
"Building contractors" (Abbr: BLD) means those individuals These contractors also install, maintain, or dismantle the
whose contracts include construction on real property owned, following:
controlled or leased by another person of commercial, 1. Power systems for the generation and primary and
industrial, institutional, governmental, residential (single- secondary distribution of electric current ahead of the
family, two-family or multifamily) and accessory use buildings customer's meter;
or structures. This classification also provides for remodeling,
repair, improvement or demolition of these buildings and 2. Pumping stations and treatment plants;
structures. A holder of this license can do general contracting.
3. Telephone, telegraph, or signal systems for public
If the BLD contractor performs specialty services, all required utilities; and
specialty designations shall be obtained. The building
classification includes but is not limited to the functions 4. Water, gas, and sewer connections to residential,
carried out by the following specialties: commercial, and industrial sites, subject to local
ordinances.
Billboard/sign contracting
Commercial improvement contracting This classification may also install backflow prevention
Farm improvement contracting devices incidental to work in this classification when the
Home improvement contracting installer has received formal vocational training approved by
Landscape service contracting the board that included instruction in the installation of
Marine facility contracting backflow prevention devices.
Modular manufactured building contracting "HVAC contractors" (Abbr: HVA) means those individuals
Recreational facility contracting whose work includes the installation, alteration, repair, or
"Electrical contractors" (Abbr: ELE) means those individuals maintenance of heating systems, ventilating systems, cooling
whose contracts include the construction, repair, systems, steam and hot water heaters, heating systems,
maintenance, alteration, or removal of electrical systems boilers, process piping, and mechanical refrigeration systems,
under the National Electrical Code. This classification including tanks incidental to the system. This classification
provides for all work covered by the National Electrical Code does not provide for fire suppression installations, sprinkler
including electrical work covered by the alarm/security system installations, or gas piping. firm holding a HVAC
systems contracting (ALS), electronic/communication service license is responsible for meeting all applicable tradesman
contracting (ESC) and fire alarm systems contracting (FAS) licensure standards. This classification may install backflow
specialties. A firm holding an electrical license is responsible prevention devices incidental to work in this classification.
for meeting all applicable tradesman licensing standards. "Plumbing contractors" (Abbr: PLB) means those individuals
"Highway/heavy contractors" (Abbr: H/H) means those whose contracts include the installation, maintenance,
individuals whose contracts include construction, repair, extension, or alteration, or removal of all piping, fixtures,
improvement, or demolition of the following: appliances, and appurtenances in connection with any of the
following:
Bridges
Dams Backflow prevention devices
Drainage systems Boilers
Foundations Hot water baseboard hearing heating systems
Parking lots Hot water heaters
Public transit systems Hydronic systems
Rail roads Limited area sprinklers (as defined by BOCA)
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
5
Proposed Regulations
Process piping "Billboard/sign contracting" (Abbr: BSC) means that service
Public/private water supply systems within or adjacent to which provides for the installation, repair, improvement, or
any building, structure or conveyance dismantling of any billboard or structural sign permanently
Sanitary or storm drainage facilities annexed to real property. H/H and BLD are the only other
Steam heating systems classifications that can perform this work except that a
Storage tanks incidental to the installation of related contractor in this specialty may connect or disconnect signs to
systems existing electrical circuits. No trade related plumbing,
Venting systems related to plumbing electrical, or HVAC work is included in this function.
These contractors also install, maintain, extend or alter the "Blast/explosive contracting" (Abbr: BEC) means that service
following: which provides for the use of explosive charges for the repair,
improvement, alteration, or demolition of any real property or
Liquid waste systems any structure annexed to real property.
Sewerage systems
Storm water systems "Commercial improvement contracting" (Abbr: CIC) means
Water supply systems that service which provides for repair or improvement to
nonresidential property and multifamily property as defined in
This classification does not provide for gas piping or the the Virginia Uniform Statewide Building Code. The BLD
function of fire sprinkler contracting as noted above. A firm classification also provides for this function. The CIC
holding a plumbing license is responsible for meeting all classification does not provide for the construction of new
applicable tradesman licensure standards. buildings, accessory buildings, electrical, plumbing, HVAC, or
"Specialty contractors" means those individuals whose gas work.
contracts are for specialty services which do not generally fall "Concrete contracting" (Abbr: CEM) means that service which
within the scope of any other classification within this chapter. provides for all work in connection with the processing,
18 VAC 50-22-30. Definitions of specialty services. proportioning, batching, mixing, conveying and placing of
concrete composed of materials common to the concrete
The following words and terms, when used in this chapter, industry. This includes but is not limited to finishing, coloring,
unless a different meaning is provided or is plainly required by curing, repairing, testing, sawing, grinding, grouting, placing of
the context, shall have the following meanings: film barriers, sealing and waterproofing. Construction and
"Alarm/security systems contracting" (Abbr: ALS) means that assembling of forms, molds, slipforms, pans, centering, and
service which provides for the installation, repair, the use of rebar is also included. The BLD and H/H
improvement, or removal of alarm systems or security classifications also provide for this function.
systems annexed to real property. This classification covers "Electronic/communication service contracting" (Abbr: ESC)
only burglar and security alarm installations. A firm holding means that service which provides for the installation, repair,
an ALS license is responsible for meeting all applicable rules improvement, or removal of electronic or communications
and regulations adopted by each locality. The ELE systems annexed to real property including telephone wiring,
classification also provides for this function. computer cabling, sound systems, data links, data and
"Alternative energy system contracting" (Abbr: AES) means network installation, television and cable TV wiring, antenna
that service which provides for the installation, repair or wiring, and fiber optics installation, all of which operate at 50
improvement, from the customer's meter, of alternative volts or less. A firm holding an ESC license is responsible for
energy generation systems, supplemental energy systems meeting all applicable tradesman licensure standards. The
and associated equipment annexed to real property. No other ELE classification also provides for this function.
classification or specialty service provides this function. This "Elevator/escalator contracting" (Abbr: EEC) means that
specialty does not provide for electrical, plumbing, gas fitting, service which provides for the installation, repair,
or HVAC functions. improvement or removal of elevators or escalators
"Asbestos contracting" (Abbr: ASB) means that service which permanently annexed to real property. A firm holding an EEC
provides for the installation, removal, or encapsulation of license is responsible for meeting all applicable tradesman
asbestos containing materials annexed to real property. No licensure standards. No other classification or specialty
other classification or specialty service provides for this service provides for this function.
function. "Environmental monitoring well contracting" (Abbr: EMW)
"Asphalt paving and sealcoating contracting" (Abbr: PAV) means that service which provides for the construction of a
means that service which provides for the installation of well to monitor hazardous substances in the ground.
asphalt paving and/or sealcoating on subdivision streets and "Environmental specialties contracting" (Abbr: ENV) means
adjacent intersections, driveways, parking lots, tennis courts, that service which provides for installation, repair, removal, or
running tracks, and play areas, using materials and improvement of pollution control and remediation devices. No
accessories common to the industry. This includes height other specialty provides for this function. This specialty does
adjustment of existing sewer manholes, storm drains, water not provide for electrical, plumbing, gas fitting, or HVAC
valves, sewer cleanouts and drain grates, and all necessary functions.
excavation and grading. The H/H classification also provides
for this function.
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
6
Proposed Regulations
"Equipment/machinery contracting" (Abbr: EMC) means that "Landscape irrigation contracting" (Abbr: ISC) means that
service which provides for the installation or removal of service which provides for the installation, repair,
equipment or machinery including but not limited to conveyors improvement, or removal of irrigation sprinkler systems or
or heavy machinery. Boilers exempted by the Virginia Uniform outdoor sprinkler systems. The PLB and H/H classifications
Statewide Building Code but regulated by the Department of also provide for this function. This specialty may install
Labor and Industry are also included in this specialty. This backflow prevention devices incidental to work in this
specialty does not provide for any electrical, plumbing, specialty when the installer has received formal vocational
process piping or HVAC functions. training approved by the board that included instruction in the
installation of backflow prevention devices.
"Farm improvement contracting" (Abbr: FIC) means that
service which provides for the installation, repair or "Landscape service contracting" (Abbr: LSC) means that
improvement of a nonresidential farm building or structure, or service which provides for the alteration or improvement of a
nonresidential farm accessory-use structure, or additions land area not related to any other classification or service
thereto. The BLD classification also provides for this function. activity by means of excavation, clearing, grading,
The FIC specialty does not provide for any electrical, construction of retaining walls for landscaping purposes, or
plumbing, HVAC, or gas fitting functions. placement of landscaping timbers. The BLD classification also
provides for this function.
"Fire alarm systems contracting" (Abbr: FAS) means that
service which provides for the installation, repair, or "Lead abatement contracting" (Abbr: LAC) means that service
improvement of fire alarm systems which operate at 50 volts which provides for the removal or encapsulation of lead-
or less. The ELE classification also provides for this function. containing materials annexed to real property. No other
A firm with an FAS license is responsible for meeting all classification or specialty service provides for this function,
applicable tradesman licensure standards. except that the PLB classification and HVA classifications
may provide this service incidental to work in that
"Fire sprinkler contracting" (Abbr: SPR) means that service classification those classifications.
which provides for the installation, repair, alteration, addition,
testing, maintenance, inspection, improvement, or removal of "Liquefied petroleum gas contracting" (Abbr: LPG) means that
sprinkler systems using water as a means of fire suppression service which includes the installation, maintenance,
when annexed to real property. This specialty does not extension, alteration, or removal of all piping, fixtures,
provide for the installation, repair, or maintenance of other appliances, and appurtenances used in transporting, storing
types of fire suppression systems. The PLB classification or utilizing liquefied petroleum gas. This excludes hot water
allows for the installation of limited area sprinklers as defined heaters, boilers, and central heating systems that require a
by BOCA. This specialty may engage in the installation of HVA or PLB license. No other classification or specialty
backflow prevention devices in the fire sprinkler supply main service The GFC specialty also provides for this function. A
and sprinkler system when the installer has received formal firm holding a LPG license is responsible for meeting all
vocational training approved by the board that included applicable tradesman licensure standards.
instruction in the installation of backflow prevention devices.
"Marine facility contracting" (Abbr: MCC) means that service
"Fire suppression contracting" (Abbr: FSP) means that which provides for the construction, repair, improvement, or
service which provides for the installation, repair, removal of any structure the purpose of which is to provide
improvement, or removal of fire suppression systems access to, impede, or alter a body of surface water. The BLD
including but not limited to halon and other gas systems; dry and H/H classifications also provide for this function. The
chemical systems; and carbon dioxide systems annexed to MCC specialty does not provide for the construction of
real property. No other classification provides for this function. accessory structures or electrical, HVAC or plumbing
The FSP specialty does not provide for the installation, repair, functions.
or maintenance of water sprinkler systems.
"Masonry contracting" (Abbr: BRK) means that service which
"Gas fitting contracting" (Abbr: GFC) means that service includes the installation of brick, concrete block, stone,
which provides for the installation, repair, improvement, or marble, slate or other units and products common to the
removal of gas piping and appliances annexed to real masonry industry, including mortarless type masonry
property. A firm with a GFC license is responsible for meeting products. This includes installation of grout, caulking, tuck
all applicable tradesman licensure standards. pointing, sand blasting, mortar washing, parging and cleaning
and welding of reinforcement steel related to masonry
"Home improvement contracting" (Abbr: HIC) means that construction. The BLD classification and HIC and CIC
service which provides for repairs or improvements to one- specialties also provide for this function.
family and two-family residential buildings or structures
annexed to real property. The BLD classification also provides "Modular/manufactured building contracting" (Abbr: MBC)
for this function. The HIC specialty does not provide for means that service which provides for the installation or
electrical, plumbing, HVAC, or gas fitting functions. It does not removal of a modular or manufactured building manufactured
include high rise buildings, buildings with more than two under ANSI standards. This classification does not cover
dwelling units, or new construction functions beyond the foundation work; however, it does allow installation of piers
existing building structure other than decks, patios, driveways covered under HUD regulations. It does allow a licensee to do
and utility out buildings. internal tie ins of plumbing, gas and electrical or HVAC
equipment. It does not allow for installing additional plumbing,
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
7
Proposed Regulations
electrical, or HVAC work such as installing the service meter, "Sewage disposal systems contracting" (Abbr: SDS) means
or installing the outside compressor for the HVAC system. that service which provides for the installation, repair,
The H/H and BLD classifications also provide for this function. improvement, or removal of septic tanks, septic systems, and
other on-site sewage disposal systems annexed to real
"Natural gas fitting provider contracting" (Abbr: NGF) means property.
that service which provides for the incidental repair, testing, or
removal of natural gas piping or fitting annexed to real "Swimming pool construction contracting" (Abbr: POL) means
property. This does not include new installation of gas piping that service which provides for the construction, repair,
for hot water heaters, boilers, central heating systems, or improvement or removal of in-ground swimming pools. The
other natural gas equipment which requires a HVA or PLB BLD classification and the RFC specialty also provide for this
license. No other classification or specialty service The GFC function. No trade related plumbing, electrical, backflow or
specialty also provides for this function. A firm holding a NGF HVAC work is included in this specialty.
license is responsible for meeting all applicable tradesman
licensure standards. "Vessel construction contracting" (Abbr: VCC) means that
service which provides for the construction, repair,
"Painting and wallcovering contracting" (Abbr: PTC) means improvement, or removal of nonresidential vessels, tanks, or
that service which provides for the application of materials piping that hold or convey fluids other than sanitary, storm,
common to the painting and decorating industry for protective waste, or potable water supplies. The H/H classification also
or decorative purposes, the installation of surface coverings provides for this function.
such as vinyls, wall papers, and cloth fabrics. This includes
surface preparation, caulking, sanding and cleaning "Water well/pump contracting" (Abbr: WWP) means that
preparatory to painting or coverings and includes both interior service which provides for the installation of a water well
and exterior surfaces. The BLD classification and the HIC and system, which includes construction of a water well to reach
CIC specialties also provide for this function. groundwater, as defined in § 62.1-255 of the Code of Virginia,
and the installation of the well pump and tank, including pipe
"Radon mitigation contracting" (Abbr: RMC) means that and wire, up to and including the point of connection to the
service which provides for additions, repairs or improvements plumbing and electrical systems. No other classification or
to buildings or structures, for the purpose of mitigating or specialty service provides for construction of water wells. This
preventing the effects of radon gas. This function can only be regulation shall not exclude PLB, ELE or HVAC from
performed by a firm holding the BLD classification or CIC (for installation of pumps and tanks.
other than one-family and two-family dwellings), FIC (for
nonresidential farm buildings) or HIC (for one-family and two- Note: Specialty contractors engaging in construction which
family dwellings) specialty services. No electrical, plumbing, involves the following activities or items or similar activities or
gas fitting, or HVAC functions are provided by this specialty. items may fall under the CIC, HIC and/or FIC specialty
services, or they may fall under the BLD classification.
"Recreational facility contracting" (Abbr: RFC) means that
Appliances Fiberglass Rigging
service which provides for the construction, repair, or Awnings Fireplaces Rubber linings
improvement of any recreational facility, excluding paving and Blinds Fireproofing Sandblasting
the construction of buildings, plumbing, electrical, and HVAC Bricks Fixtures Scaffolding
functions. The BLD classification also provides for this Bulkheads Floor coverings Screens
function. Cabinetry Flooring Sheet metal
Carpentry Floors Shutters
"Refrigeration contracting" (Abbr: REF) means that service Carpeting Glass Siding
which provides for installation, repair, or removal of any Casework Glazing Skylights
refrigeration equipment (excluding HVAC equipment). No Ceilings Grouting Storage bins and lockers
electrical, plumbing, gas fitting, or HVAC functions are Chimneys Grubbing Stucco
provided by this specialty. This specialty is intended for those Chutes Guttering Temperature controls
Conduit rodding Insulation Terrazzo
contractors who repair or install coolers, refrigerated
Curtains Interior decorating Tile
casework, ice-making machines, drinking fountains, cold Curtain walls Lubrication Vaults
room equipment, and similar hermetic refrigeration Decks Metal work Vinyl flooring
equipment. The HVAC classification also provides for this Doors Millwrighting Wall panels
function. Drapes Mirrors Wall tile
Drywall Miscellaneous iron Waterproofing
"Roofing contracting" (Abbr: ROC) means that service which Epoxy Ornamental iron Weatherstripping
provides for the installation, repair, removal or improvement of Exterior decoration Partitions Welding
materials common to the industry that form a watertight, Facings Protective coatings Windows
weather resistant surface for roofs and decks. This includes Fences Railings Wood floors
roofing system components when installed in conjunction with 18 VAC 50-22-50. Requirements for a Class B license.
a roofing project, application of dampproofing or
waterproofing, and installation of roof insulation panels and A. A firm applying for a Class B license must meet the
other roof insulation systems above roof deck. The BLD requirements of this section.
classification and the HIC and CIC specialties also provide for
this function. B. A firm shall name a designated employee who meets the
following requirements:
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
8
Proposed Regulations
1. Is at least 18 years old; shall disclose at the time of application any current or
previous substantial identities of interest with any contractor
2. Is a full-time employee of the firm as defined in this licenses issued in Virginia or in other jurisdictions and any
chapter, or is a member of responsible management as disciplinary actions taken on these licenses. This includes but
defined in this chapter; is not limited to any monetary penalties, fines, suspension,
3. Has passed a board-approved examination as required revocation, or surrender of a license in connection with a
by § 54.1-1108 of the Code of Virginia or has been disciplinary action. The board, in its discretion, may deny
exempted from the exam requirement in accordance with licensure to any applicant when any of the parties listed
§ 54.1-1108.1 of the Code of Virginia; and above have had a substantial identity of interest (as deemed
in § 54.1-1110 of the Code of Virginia) with any firm that has
4. Has followed all rules established by the board or by the had a license suspended, revoked, voluntarily terminated or
testing service acting on behalf of the board with regard to surrendered in connection with a disciplinary action in Virginia
conduct at the examination. Such rules shall include any or any other jurisdiction.
written instructions communicated prior to the examination
date and any oral or written instructions given at the site on G. In accordance with § 54.1-204 of the Code of Virginia,
the date of the exam. each applicant shall disclose the following information about
the firm, designated employee, all members of the
C. For every classification or specialty in which the firm seeks responsible management, and the qualified individual or
to be licensed, the firm shall name a qualified individual who individuals for the firm:
meets the following requirements:
1. All misdemeanor convictions within three years of the
1. Is at least 18 years old; date of application; and
2. Has a minimum of three years experience in the 2. All felony convictions during their lifetime.
classification or specialty for which he is the qualifier;
Any plea of nolo contendere shall be considered a conviction
3. Is a full-time employee of the firm as defined in this for purposes of this subsection. The record of a conviction
chapter or is a member of the responsible management of received from a court shall be accepted as prima facie
the firm; evidence of a conviction or finding of guilt. The board, in its
4. Where appropriate, has passed the trade-related discretion, may deny licensure to any applicant in accordance
examination or has completed an education and training with § 54.1-204 of the Code of Virginia.
program approved by the board and required for the 18 VAC 50-22-60. Requirements for a Class A license.
classifications and specialties listed below:
A. A firm applying for a Class A license shall meet all of the
Blast/explosive contracting requirements of this section.
Electrical
Fire sprinkler B. A firm shall name a designated employee who meets the
Gas fitting following requirements:
HVAC 1. Is a least 18 years old;
Plumbing
Radon mitigation 2. Is a full-time employee of the firm as defined in this
Water well drilling chapter or is a member of the responsible management of
the firm as defined in this chapter;
5. Has obtained, pursuant to the tradesman regulations, a
master tradesman license as required for those 3. Has passed a board-approved examination as required
classifications and specialties listed in 18 VAC 50-22-20 by § 54.1-1106 of the Code of Virginia or has been
and 18 VAC 50-22-30. exempted from the exam requirement in accordance with
§ 54.1-1108.1 of the Code of Virginia; and
D. Each firm shall submit information on its financial position.
Excluding any property owned as tenants by the entirety, the 4. Has followed all rules established by the board or by the
firm shall state a net worth or equity of $15,000 or more. testing service acting on behalf of the board with regard to
conduct at the examination. Such rules shall include any
E. Each firm shall provide information for the five years prior written instructions communicated prior to the examination
to application on any outstanding, past-due debts and date and any oral or written instructions given at the site on
judgments; outstanding tax obligations; defaults on bonds; or the day of the exam.
pending or past bankruptcies. The firm, its designated
employee, qualified individual or individuals, and all members C. For every classification or specialty in which the firm seeks
of the responsible management of the firm shall submit to be licensed, the firm shall name a qualified individual who
information on any past-due debts and judgments or defaults meets the following requirements:
on bonds directly related to the practice of contracting as
defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the 1. Is a least 18 years old;
Code of Virginia. 2. Has a minimum of five years of experience in the
F. The firm, the designated employee, the qualified individual, classification or specialty for which he is the qualifier;
and all members of the responsible management of the firm
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
9
Proposed Regulations
3. Is a full-time employee of the firm as defined in this Any plea of nolo contendere shall be considered a conviction
chapter or is a member of the firm as defined in this chapter for purposes of this subsection. The record of a conviction
or is a member of the responsible management of the firm; received from a court shall be accepted as prima facie
evidence of a conviction or finding of guilt. The board, in its
4. Where appropriate, has passed the trade-related discretion, may deny licensure to any applicant in accordance
examination or has completed an education and training with § 54.1-204 of the Code of Virginia.
program approved by the board and required for the
classifications and specialties listed below: 18 VAC 50-22-100. Fees.
Blast/explosive contracting Each check or money order shall be made payable to the
Electrical Treasurer of Virginia. All fees required by the board are
Fire sprinkler nonrefundable. In the event that a check, money draft or
Gas fitting similar instrument for payment of a fee required by statute or
HVAC regulation is not honored by the bank or financial institution
Plumbing named, the applicant or regulant shall be required to remit
Radon mitigation fees sufficient to cover the original fee, plus the an additional
Water well drilling processing charge specified below set by the department.
5. Has obtained, pursuant to the tradesman regulations, a Fee Type When Due Amount Due
master tradesman license as required for those Class c Initial License with license application $125
classifications and specialties listed in 18 VAC 50-22-20 Class b Initial License with license application $150
and 18 VAC 50-22-30. Class a Initial License with license application $175
Declaration of Designated with license application $30
D. Each firm shall submit information on its financial position. Employee
Excluding any property owned as tenants by the entirety, the Qualified Individual Exam with exam application $20
firm shall state a net worth or equity of $45,000. Fee
Class b Exam Fee with exam application $40
E. The firm shall provide information for the five years prior to ($20 per section)
application on any outstanding, past-due debts and Class a Exam Fee with exam application $60
judgments; outstanding tax obligations; defaults on bonds; or ($20 per section)
pending or past bankruptcies. The firm, its designated Water Well Exam with exam application $40
Dishonored Check Fee With replacement check $25
employee, qualified individual or individuals, and all members
of the responsible management of the firm shall submit Note: A $25 Recovery Fund assessment is also required with
information on any past-due debts and judgments or defaults each initial license application. If the applicant does not meet
on bonds directly related to the practice of contracting as all requirements and does not become licensed, this
defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the assessment will be refunded. The examination fees approved
Code of Virginia. by the board but administered by another governmental
F. The firm, the designated employee, the qualified individual, agency or organization shall be determined by that agency or
and all members of the responsible management of the firm organization.
shall disclose at the time of application any current or 18 VAC 50-22-140. Renewal fees.
previous substantial identities of interest with any contractor
licenses issued in Virginia or in other jurisdictions and any Each check or money order should be made payable to the
disciplinary actions taken on these licenses. This includes but Treasurer of Virginia. All fees required by the board are
is not limited to, any monetary penalties, fines, suspensions, nonrefundable.
revocations, or surrender of a license in connection with a In the event that a check, money draft, or similar instrument
disciplinary action. The board, in its discretion, may deny for payment of a fee required by statute or regulation is not
licensure to any applicant when any of the parties listed honored by the bank or financial institution named, the
above have had a substantial identity of interest (as deemed applicant or regulant shall be required to remit fees sufficient
in § 54.1-1110 of the Code of Virginia) with any firm that has to cover the original fee, plus the an additional processing
had a license suspended, revoked, voluntarily terminated, or charge specified below: set by the department.
surrendered in connection with a disciplinary action in Virginia
or in any other jurisdiction. Fee Type When Due Amount Due
Class c Renewal with renewal application $100
G. In accordance with § 54.1-204 of the Code of Virginia, Class b Renewal with renewal application $135
each applicant shall disclose the following information about Class a Renewal with renewal application $150
the firm, all members of the responsible management, the Dishonored Check Fee with replacement check $25
designated employee and the qualified individual or
individuals for the firm: The date on which the renewal fee is received by the
Department of Professional and Occupational Regulation or
1. All misdemeanor convictions within three years of the its agent shall determine whether the licensee is eligible for
date of application; and renewal or must apply for reinstatement.
2. All felony convictions during their lifetime.
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
10
Proposed Regulations
18 VAC 50-22-170. Reinstatement fees. 2. Furnishing substantially inaccurate or incomplete
information to the board in obtaining, renewing, reinstating,
Each check or money order should be made payable to the or maintaining a license.
Treasurer of Virginia. All fees required by the board are
nonrefundable. In the event that a check, money draft, or 3. Failure of the responsible management, designated
similar instrument for payment of a fee required by statute or employee, or qualified individual to report to the board, in
regulation is not honored by the bank or financial institution writing, the suspension or revocation of a contractor license
named, the applicant or regulant shall be required to remit by another state or conviction in a court of competent
fees sufficient to cover the original fee, plus the an additional jurisdiction of a building code violation.
processing charge specified below set by the department :
4. Publishing or causing to be published any advertisement
Fee Type When Due Amount Due relating to contracting which contains an assertion,
Class c Reinstatement with reinstatement $225* representation, or statement of fact that is false, deceptive,
application or misleading.
Class b Reinstatement with reinstatement $285*
application 5. Negligence and/or incompetence in the practice of
Class a Reinstatement with reinstatement $325* contracting.
application
Dishonored Check Fee with replacement check $ 25 6. Misconduct in the practice of contracting.
* Includes renewal fee listed in 18 VAC 50-22-140. 7. A finding of improper or dishonest conduct in the practice
of contracting by a court of competent jurisdiction.
The date on which the reinstatement fee is received by the
Department of Professional and Occupational Regulation or 8. Failure of all those who engage in residential contracting,
its agent shall determine whether the licensee is eligible for excluding subcontractors to the contracting parties and
reinstatement or must apply for a new license and meet the those who engage in routine maintenance or service
entry requirements in place at the time of that application. In contracts, to make use of a legible written contract clearly
order to ensure that licensees are qualified to practice as specifying the terms and conditions of the work to be
contractors, no reinstatement will be permitted once six performed. For the purposes of this chapter, residential
months one year from the expiration date of the license has contracting means construction, removal, repair, or
passed. improvements to single-family or multiple-family residential
buildings, including accessory-use structures as defined in
18 VAC 50-22-250. Fees. § 54.1-1100 of the Code of Virginia. Prior to
Each check or money order should be made payable to the commencement of work or acceptance of payments, the
Treasurer of Virginia. All fees required by the board are contract shall be signed by both the consumer and the
nonrefundable. In the event that a check, money draft, or licensee or his agent.
similar instrument for payment of a fee required by statute or 9. Failure of those engaged in residential contracting as
regulation is not honored by the bank or financial institution defined in this chapter to comply with the terms of a written
named, the applicant or regulant shall be required to remit contract which contains the following minimum
fees sufficient to cover the original fee, plus the an additional requirements:
processing charge specified below set by the department:
a. When work is to begin and the estimated completion
Fee Type When Due Amount Due date;
Change of Designated with change form $30
employee b. A statement of the total cost of the contract and the
Change of Qualified with change form $30 amounts and schedule for progress payments including a
Individual specific statement on the amount of the down payment;
Addition of Classification with addition application $30
or specialty c. A listing of specified materials and work to be
Dishonored Check Fee with replacement check $25 performed, which is specifically requested by the
consumer;
18 VAC 50-22-260. Filing of charges; prohibited acts.
d. A "plain-language" exculpatory clause concerning
A. All complaints against contractors may be filed with the events beyond the control of the contractor and a
Department of Professional and Occupational Regulation at statement explaining that delays caused by such events
any time during business hours, pursuant to § 54.1-1114 of do not constitute abandonment and are not included in
the Code of Virginia. calculating time frames for payment or performance;
B. The following are prohibited acts: e. A statement of assurance that the contractor will
1. Failure in any material way to comply with provisions of comply with all local requirements for building permits,
Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 inspections, and zoning;
et seq.) of Title 54.1 of the Code of Virginia or the f. Disclosure of the cancellation rights of the parties;
regulations of the board.
g. For contracts resulting from a door-to-door solicitation,
a signed acknowledgment by the consumer that he has
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
11
Proposed Regulations
been provided with and read the Department of regulation, or ordinance governing the construction
Professional and Occupational Regulation statement of industry.
protection available to him through the Board for
Contractors; 22. Where the firm, responsible management as defined in
this chapter, designated employee or qualified individual
h. Contractor's name, address, license number, has been convicted or found guilty, after initial licensure,
expiration date, class of license, and classifications or regardless of adjudication, in any jurisdiction, of any felony
specialty services; and or of any misdemeanor, there being no appeal pending
therefrom or the time of appeal having elapsed. Any plea of
i. Statement providing that any modification to the guilty or nolo contendere shall be considered a conviction
contract, which changes the cost, materials, work to be for the purposes of this subdivision. The record of a
performed, or estimated completion date, must be in conviction received from a court shall be accepted as prima
writing and signed by all parties. facie evidence of a conviction or finding of guilt.
10. Failure to make prompt delivery to the consumer before 23. Failure to inform the board in writing, within 30 days,
commencement of work of a fully executed copy of the that the firm, a member of responsible management as
contract as described in subdivisions 8 and 9 of this defined in this chapter, its designated employee, or its
subsection for construction or contracting work. qualified individual has pleaded guilty or nolo contendere or
11. Failure of the contractor to maintain for a period of five was convicted and found guilty of any felony or of a Class 1
years from the date of contract a complete and legible copy misdemeanor or any misdemeanor conviction for activities
of all documents relating to that contract, including, but not carried out while engaged in the practice of contracting.
limited to, the contract and any addenda or change orders. 24. Having been disciplined by any county, city, town, or
12. Refusing or failing, upon request, to produce to the any state or federal governing body including action by the
board, or any of its agents, any document, book, record, or Virginia Department of Health, which action shall be
copy of it in the licensee's possession concerning a reviewed by the board before it takes any disciplinary
transaction covered by this chapter or for which the action of its own.
licensee is required to maintain records. 25. Failure to abate a violation of the Virginia Uniform
13. Failing to respond to an investigator or providing false, Statewide Building Code, as amended.
misleading or incomplete information to an investigator 26. Failure of a contractor to comply with the notification
seeking information in the investigation of a complaint filed requirements of the Virginia Underground Utility Prevention
with the board against the contractor. Act, Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the
14. Abandonment defined as the unjustified cessation of Code of Virginia (Miss Utility).
work under the contract for a period of 30 days or more. 27. Practicing in a classification, specialty service, or class
15. The intentional and unjustified failure to complete work of license for which the contractor is not licensed.
contracted for and/or to comply with the terms in the 28. Failure to satisfy any judgments.
contract.
29. Contracting with an unlicensed or improperly licensed
16. The retention or misapplication of funds paid, for which contractor or subcontractor in the delivery of contracting
work is either not performed or performed only in part. services.
17. Making any misrepresentation or making a false 30. Failure to honor the terms and conditions of a warranty.
promise that might influence, persuade, or induce.
31. Failure to obtain written change orders, which are
18. Assisting another to violate any provision of Chapter 1 signed by both the consumer and the licensee or his agent,
(§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of to an already existing contract.
Title 54.1 of the Code of Virginia, or this chapter; or
combining or conspiring with or acting as agent, partner, or 32. Failure to ensure that supervision, as defined in this
associate for another. chapter, is provided to all helpers and laborers assisting
licensed tradesman.
19. Allowing a firm's license to be used by another.
18 VAC 50-22-270. Accountability of licensee. (Repealed.)
20. Acting as or being an ostensible licensee for
undisclosed persons who do or will control or direct, directly Whenever a licensee offers or performs any services in
or indirectly, the operations of the licensee's business. Virginia related to his profession, regardless of the necessity
to hold a license to perform that service, he shall be subject to
21. Action by the firm, responsible management as defined the provisions of this chapter.
in this chapter, designated employee or qualified individual
to offer, give, or promise anything of value or benefit to any VA.R. Doc. No. R03-118; Filed May 10, 2005, 3:27 p.m.
federal, state, or local employee for the purpose of
influencing that employee to circumvent, in the
performance of his duties, any federal, state, or local law,
Volume 21, Issue 19 Virginia Register of Regulations Monday, May 30, 2005
12