Legislation Clerk's Office Members Committees Meetings Home Senate
HB 154 - Residential contractors; licensing and regulation
Westmoreland, Lynn A (104th) Jones, Vernon A (71st) Brown, Jeff (130th)
Trense, Sharon (44th) Cash, J. Steven (108th) Ragas, Arnold M (64th)
Status Summary HC: Ind SC: FR: 01/25/99 LA: 01/26/99 H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensing and regulation of residential contractors; to provide for legislative purpose; to define certain terms; to provide for an additional Division of Residential Contractors within the State Construction Industry Licensing Board; and for other purposes.

Page Numbers: 1 2 3 4 5 6 7 8 9 10 11 12 13
Code Sections - 43-14-1/ 43-14-5/ 43-14-8.5

House Action Senate
1/25/99 Read 1st Time
1/26/99 Read 2nd Time
Version by LC Number
LC 27 0691 As Introduced

HB 154                                             LC 27 0691 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 14 of Title 43 of the Official Code of 
  1- 2  Georgia Annotated, relating to electrical contractors, 
  1- 3  plumbers, conditioned air contractors, low-voltage 
  1- 4  contractors, and utility contractors, so as to provide for 
  1- 5  the licensing and regulation of residential contractors; to 
  1- 6  provide for legislative purpose; to define certain terms; to 
  1- 7  provide for an additional Division of Residential 
  1- 8  Contractors within the State Construction Industry Licensing 
  1- 9  Board; to change certain provisions relating to the 
  1-10  composition, organization, officers, and powers of said 
  1-11  board; to change certain provisions relating to powers and 
  1-12  duties of the divisions of said board; to provide for 
  1-13  license application, examination, issuance, and renewal; to 
  1-14  require licensed residential contractors to maintain certain 
  1-15  insurance and to offer a written warranty in connection with 
  1-16  certain undertakings; to provide for certain notifications; 
  1-17  to change certain provisions relating to applicability and 
  1-18  exceptions; to provide for related matters; to provide for 
  1-19  an effective date; to repeal conflicting laws; and for other 
  1-20  purposes. 
 
  1-21       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-22                           SECTION 1. 
 
  1-23  Chapter 14 of Title 43 of the Official Code of Georgia 
  1-24  Annotated, relating to electrical contractors, plumbers, 
  1-25  conditioned air contractors, low-voltage contractors, and 
  1-26  utility contractors, is amended by striking Code Section 
  1-27  43-14-1, relating to the declaration of legislative purpose, 
  1-28  and inserting in lieu thereof a new Code Section 43-14-1 to 
  1-29  read as follows: 
 
  1-30    "43-14-1. 
 
  1-31    This chapter is enacted for the purpose of safeguarding 
  1-32    homeowners, other property owners, tenants, and the 
  1-33    general public against faulty, inadequate, inefficient, or 
  1-34    unsafe electrical, plumbing, low-voltage wiring, utility 
 
 
 
                                 -1- 
 
 
 
  2- 1    contracting, residential contracting, or conditioned air 
  2- 2    installations. The practice of electrical contracting, 
  2- 3    plumbing contracting, installing, or repairing, 
  2- 4    low-voltage contracting, utility contracting, residential 
  2- 5    contracting, and conditioned air contracting are declared 
  2- 6    to be businesses or professions affecting the public 
  2- 7    interest; and this chapter shall be liberally construed so 
  2- 8    as to accomplish the purposes stated in this Code 
  2- 9    section." 
 
  2-10                           SECTION 2. 
 
  2-11  Said chapter is further amended in Code Section 43-14-2, 
  2-12  relating to definitions, by striking in its entirety 
  2-13  paragraph (8.1) and inserting in lieu thereof new paragraphs 
  2-14  (8.1), (8.2), and (8.3) to read as follows: 
 
  2-15      "(8.1) 'Residential contracting' means constructing, or 
  2-16      superintending or managing the construction, of any 
  2-17      single-family residence or any improvement to any such 
  2-18      structure where the cost of the undertaking is 
  2-19      $10,000.00 or more. 
 
  2-20      (8.2) 'Residential contractor' means any individual who 
  2-21      is engaged in residential contracting under express or 
  2-22      implied contract or who bids for, offers to perform, or 
  2-23      does perform residential contracting under express or 
  2-24      implied contract.  An employee of a residential 
  2-25      contractor who receives only a salary or hourly wage for 
  2-26      performing residential contracting shall not be required 
  2-27      to be licensed under this chapter, except that those 
  2-28      employees upon whom the qualifications of a partnership 
  2-29      rests pursuant to Code Section 43-14-8.5 shall be 
  2-30      licensed. 
 
  2-31      (8.1)(8.3) 'General system' means any electrical system, 
  2-32      other than an alarm or telecommunication system, 
  2-33      involving low-voltage wiring." 
 
  2-34                           SECTION 3. 
 
  2-35  Said chapter is further amended by striking in its entirety 
  2-36  subsection (b) of Code Section 43-14-3, relating to the 
  2-37  creation of the State Construction Industry Licensing Board, 
  2-38  and inserting in lieu thereof a new subsection (b) to read 
  2-39  as follows: 
 
  2-40    "(b) The board shall be composed of 27 32 members as 
  2-41    follows: 
 
 
 
                                 -2- 
 
 
 
  3- 1      (1) Five members known as the Division of Electrical 
  3- 2      Contractors, one of whom shall be a consulting engineer 
  3- 3      engaged in electrical practice, another of whom shall be 
  3- 4      the chief electrical inspector of a county or 
  3- 5      municipality and shall have served in such office for 
  3- 6      five years immediately preceding appointment to the 
  3- 7      board, and the remaining three of whom shall be engaged 
  3- 8      in the electrical contracting business; 
 
  3- 9      (2) Five members known as the Division of Master 
  3-10      Plumbers and Journeyman Plumbers, one of whom shall be a 
  3-11      full-time plumbing inspector of a county or 
  3-12      municipality, three of whom shall be master or 
  3-13      contracting plumbers, and one of whom shall be a 
  3-14      journeyman plumber; 
 
  3-15      (3) Five members known as the Division of Conditioned 
  3-16      Air Contractors, one of whom shall be a licensed 
  3-17      professional engineer engaged in mechanical practice, 
  3-18      one of whom shall be the chief conditioned air inspector 
  3-19      of a county or municipality, and three of whom shall be 
  3-20      conditioned air contractors with more than five years of 
  3-21      installation and service experience in the trade; 
 
  3-22      (4) Five members known as the Division of Low-voltage 
  3-23      Contractors, one of whom shall be an alarm system 
  3-24      low-voltage contractor, one of whom shall be an 
  3-25      unrestricted low-voltage contractor, one of whom shall 
  3-26      be a telecommunication system low-voltage contractor, 
  3-27      one of whom shall be a professional electrical engineer, 
  3-28      and one of whom shall be the chief electrical inspector 
  3-29      of a county or municipality; 
 
  3-30      (5) Five members known as the Division of Utility 
  3-31      Contractors, three of whom shall be utility contractors, 
  3-32      one of whom shall be a registered professional engineer, 
  3-33      and one of whom shall be an insurance company 
  3-34      representative engaged primarily in the bonding of 
  3-35      construction projects; and 
 
  3-36      (6) Five members known as the Division of Residential 
  3-37      Contractors, three of whom shall be residential 
  3-38      contractors, one of whom shall be a professional 
  3-39      engineer, and one of whom shall be the chief building 
  3-40      inspector of a county or municipality; and 
 
  3-41      (6)(7) Two members who shall not have any connection 
  3-42      with the electrical contracting, plumbing, or 
  3-43      conditioned air contracting businesses whatsoever but 
 
 
                                 -3- 
 
 
 
  4- 1      who shall have a recognized interest in consumer affairs 
  4- 2      and consumer protection concerns." 
 
  4- 3                           SECTION 4. 
 
  4- 4  Said chapter is further amended by striking subsection (a) 
  4- 5  of Code Section 43-14-4, relating to the election of a 
  4- 6  chairperson of the State Construction Industry Licensing 
  4- 7  Board, and inserting in lieu thereof a new subsection (a) to 
  4- 8  read as follows: 
 
  4- 9    "(a) The office of chairperson shall be rotated among the 
  4-10    five six divisions enumerated in Code Section 43-14-3 
  4-11    unless the board, through its rules and regulations, 
  4-12    provides otherwise.  Any vacancy in the office of 
  4-13    chairperson shall be filled by the members for the 
  4-14    unexpired term.  The person selected to fill the vacancy 
  4-15    shall be a member of the same division as the previous 
  4-16    chairperson." 
 
  4-17                           SECTION 5. 
 
  4-18  Said chapter is further amended by striking Code Section 
  4-19  43-14-5, relating to the powers of the State Construction 
  4-20  Industry Licensing Board, and inserting in lieu thereof a 
  4-21  new Code Section 43-14-5 to read as follows: 
 
  4-22    "43-14-5. 
 
  4-23    The board shall have the power to: 
 
  4-24      (1) Request from the various state departments and other 
  4-25      agencies and authorities of the state and its political 
  4-26      subdivisions and their agencies and authorities such 
  4-27      available information as it may require in its work; and 
  4-28      all such agencies and authorities shall furnish such 
  4-29      requested available information to the board within a 
  4-30      reasonable time; 
 
  4-31      (2) Provide by regulation for reciprocity with other 
  4-32      states in the registration and licensing of electrical 
  4-33      contractors, master plumbers, journeyman plumbers, 
  4-34      low-voltage contractors, utility contractors, 
  4-35      residential contractors, or conditioned air contractors 
  4-36      and in the certification of utility contracting foremen, 
  4-37      provided that such other states have requirements 
  4-38      substantially equal to the requirements in force in this 
  4-39      state for registration, licensure, and certification; 
  4-40      provided, further, that a similar privilege is offered 
  4-41      to residents of this state; 
 
 
 
                                 -4- 
 
 
 
  5- 1      (3) Adopt an official seal for its use and change it at 
  5- 2      pleasure; 
 
  5- 3      (4) Establish the policies for regulating the businesses 
  5- 4      of electrical contracting, plumbing, low-voltage, 
  5- 5      utility, residential contracting, and conditioned air 
  5- 6      contracting; 
 
  5- 7      (5) Determine qualifications for licensure or 
  5- 8      certification including such experience requirements as 
  5- 9      the board deems necessary; and 
 
  5-10      (6) Promulgate and adopt rules and regulations necessary 
  5-11      to carry out this chapter." 
 
  5-12                           SECTION 6. 
 
  5-13  Said chapter is further amended by striking subsection (a) 
  5-14  of Code Section 43-14-6, relating to the duties of the 
  5-15  various divisions of the board, and inserting in lieu 
  5-16  thereof a new subsection (a) to read as follows: 
 
  5-17    "(a) The Division of Electrical Contractors, with respect 
  5-18    to applicants for a license to engage in or licensees 
  5-19    engaging in the business of electrical contracting; the 
  5-20    Division of Master Plumbers and Journeyman Plumbers, with 
  5-21    respect to applicants for a license to engage in or 
  5-22    licensees engaging in the business of plumbing as master 
  5-23    plumbers or journeyman plumbers; the Division of 
  5-24    Low-voltage Contractors, with respect to applicants for a 
  5-25    license to engage in or licensees engaging in the business 
  5-26    of low-voltage contracting; the Division of Utility 
  5-27    Contractors with respect to applicants for a license to 
  5-28    engage in or licensees engaging in the business of utility 
  5-29    contracting and with respect to applicants for a 
  5-30    certificate to be a utility manager or utility foreman or 
  5-31    holders of a utility manager or utility foreman 
  5-32    certificate; and the Division of Conditioned Air 
  5-33    Contractors, with respect to applicants for a license to 
  5-34    engage in or licensees engaging in the business of 
  5-35    conditioned air contracting; and the Division of 
  5-36    Residential Contractors, with respect to applicants for a 
  5-37    license to engage in or licensees engaging in the business 
  5-38    of residential contracting, shall: 
 
  5-39      (1) Approve examinations for all applicants for licenses 
  5-40      or certificates, except for utility contractor licenses 
  5-41      and utility foreman certificates.  The Division of 
  5-42      Electrical Contractors shall approve separate 
 
 
 
                                 -5- 
 
 
 
  6- 1      examinations for Class I and Class II licenses.  Class I 
  6- 2      licenses shall be restricted to electrical contracting 
  6- 3      involving single-phase electrical installations which do 
  6- 4      not exceed 200 amperes at the service drop or the 
  6- 5      service lateral, and Class II licenses shall be 
  6- 6      unrestricted.  The Division of Master Plumbers and 
  6- 7      Journeyman Plumbers shall approve separate examinations 
  6- 8      for Master Plumber Class I, Master Plumber Class II, and 
  6- 9      Journeyman Plumbers. Master Plumber Class I licenses 
  6-10      shall be restricted to plumbing involving single-family 
  6-11      dwellings and one-level dwellings designed for not more 
  6-12      than two families and commercial structures not to 
  6-13      exceed 10,000 square feet in area. Master Plumber Class 
  6-14      II licenses shall be unrestricted.  The Division of 
  6-15      Conditioned Air Contractors shall approve separate 
  6-16      examinations for Class I and Class II licenses.  Class I 
  6-17      licenses shall be restricted to the installation, 
  6-18      repair, or service of conditioned air systems or 
  6-19      equipment not exceeding 175,000 BTU (net) of heating and 
  6-20      five tons (60,000 BTU) of cooling.  Class II licenses 
  6-21      shall be unrestricted.  The Division of Low-voltage 
  6-22      Contractors shall approve separate examinations for 
  6-23      Low-voltage Contractor Class LV-A, Low-voltage 
  6-24      Contractor Class LV-T, Low-voltage Contractor Class 
  6-25      LV-U, and Low-voltage Contractor Class LV-G. Class LV-A 
  6-26      licenses shall be restricted to alarm and general system 
  6-27      low-voltage contracting, Class LV-T licenses shall be 
  6-28      restricted to telecommunication and general system 
  6-29      low-voltage contracting, Class LV-G licenses shall be 
  6-30      restricted to general system low-voltage contracting, 
  6-31      and Class LV-U licenses shall be unrestricted and permit 
  6-32      the performance of alarm, telecommunication, and general 
  6-33      system low-voltage contracting.  The Division of 
  6-34      Residential Contractors shall approve separate 
  6-35      examinations for Residential Contractor Class SBC and 
  6-36      Residential Contractor Class CABO licenses; 
 
  6-37      (2) Register and license or grant a certificate and 
  6-38      issue renewal licenses and renewal certificates 
  6-39      biennially to all persons meeting the qualifications for 
  6-40      a license or certificate. The following licenses or 
  6-41      certificates shall be issued by the divisions: 
 
  6-42        (A) Electrical Contractor Class I; 
 
  6-43        (B) Electrical Contractor Class II; 
 
  6-44        (C) Master Plumber Class I; 
 
 
                                 -6- 
 
 
 
  7- 1        (D) Master Plumber Class II; 
 
  7- 2        (E) Journeyman Plumber; 
 
  7- 3        (F) Conditioned Air Contractor Class I; 
 
  7- 4        (G) Conditioned Air Contractor Class II; 
 
  7- 5        (H) Low-voltage Contractor Class LV-A; 
 
  7- 6        (I) Low-voltage Contractor Class LV-T; 
 
  7- 7        (J) Low-voltage Contractor Class LV-G; 
 
  7- 8        (K) Low-voltage Contractor Class LV-U; 
 
  7- 9        (L) Utility Contractor; Class A; 
 
  7-10        (M) Utility Contractor; Class B; 
 
  7-11        (N) Utility Contractor; Class U; 
 
  7-12        (O) Utility Manager (certificate); and 
 
  7-13        (P) Utility Foreman (certificate); 
 
  7-14        (Q) Residential Contractor Class SBC; and 
 
  7-15        (R) Residential Contractor Class CABO; 
 
  7-16      (3) Investigate, with the aid of the joint-secretary, 
  7-17      alleged violations of this chapter or other laws and 
  7-18      rules and regulations of the board relating to the 
  7-19      profession; 
 
  7-20      (4) After notice and hearing, have the power to 
  7-21      reprimand any person, licensee, or certificate holder, 
  7-22      or to suspend, revoke, or cancel the license or 
  7-23      certificate of or refuse to grant, renew, or restore a 
  7-24      license or certificate to any person, licensee, or 
  7-25      certificate holder upon any one of the following 
  7-26      grounds: 
 
  7-27        (A) The commission of any false, fraudulent, or 
  7-28        deceitful act or the use of any forged, false, or 
  7-29        fraudulent document in connection with the license or 
  7-30        certificate requirements of this chapter or the rules 
  7-31        and regulations of the board; 
 
  7-32        (B) Failure at any time to comply with the 
  7-33        requirements for a license or certificate under this 
  7-34        chapter or the rules and regulations of the board; 
 
  7-35        (C) Habitual intemperance in the use of alcoholic 
  7-36        spirits, narcotics, or stimulants to such an extent as 
 
 
 
                                 -7- 
 
 
 
  8- 1        to render the license or certificate holder unsafe or 
  8- 2        unfit to practice any profession licensed or certified 
  8- 3        under this chapter; 
 
  8- 4        (D) Engaging in any dishonorable or unethical conduct 
  8- 5        likely to deceive, defraud, or harm the public; 
 
  8- 6        (E) Knowingly performing any act which in any way 
  8- 7        assists an unlicensed or noncertified person to 
  8- 8        practice such profession; 
 
  8- 9        (F) Violating, directly or indirectly, or assisting in 
  8-10        or abetting any violation of any provision of this 
  8-11        chapter or any rule or regulation of the board; 
 
  8-12        (G) The performance of any faulty, inadequate, 
  8-13        inefficient, or unsafe electrical, plumbing, 
  8-14        low-voltage contracting, utility contracting, or 
  8-15        conditioned air work likely to endanger life, health, 
  8-16        or property.  The performance of any work that does 
  8-17        not comply with the standards set by state codes or by 
  8-18        local codes in jurisdictions where such codes are 
  8-19        adopted, provided that such local codes are as 
  8-20        stringent as the state codes, or by other codes or 
  8-21        regulations which have been adopted by the board, 
  8-22        shall be prima-facie evidence of the faulty, 
  8-23        inadequate, inefficient, or unsafe character of such 
  8-24        electrical, plumbing, low-voltage contracting, utility 
  8-25        contracting, or conditioned air work; provided, 
  8-26        however, that the board, in its sole discretion, for 
  8-27        good cause shown and under such conditions as it may 
  8-28        prescribe, may restore a license to any person whose 
  8-29        license has been suspended or revoked; 
 
  8-30        (H) With respect to utility contractors, the bidding 
  8-31        by such a utility contractor in excess of license 
  8-32        coverage; or 
 
  8-33        (I) With respect to utility contractors, violations of 
  8-34        Chapter 9 of Title 25; or 
 
  8-35        (J) The performance of any faulty, inadequate, 
  8-36        inefficient, or unsafe residential contracting work 
  8-37        likely to endanger life, health, or property.  The 
  8-38        performance of any work which is a violation of an 
  8-39        applicable state minimum standard code or an amendment 
  8-40        thereto and which materially impairs the use, value, 
  8-41        or safety of the single-family residence shall be 
  8-42        prima-facie evidence of the faulty, inadequate, 
 
 
 
                                 -8- 
 
 
 
  9- 1        inefficient, or unsafe character of such residential 
  9- 2        contracting work; provided, however, that the board, 
  9- 3        in its sole discretion, for good cause shown and under 
  9- 4        such conditions as it may prescribe, may restore a 
  9- 5        license to any person whose license has been suspended 
  9- 6        or revoked; 
 
  9- 7      (5) Review amendments to or revisions in the state 
  9- 8      minimum standard codes as prepared pursuant to Part 1 of 
  9- 9      Article 1 of Chapter 2 of Title 8; and the Department of 
  9-10      Community Affairs shall be required to provide to the 
  9-11      joint-secretary a copy of any amendment to or revision 
  9-12      in the state minimum standard codes at least 45 days 
  9-13      prior to the adoption thereof; and 
 
  9-14      (6) Do all other things necessary and proper to exercise 
  9-15      their powers and perform their duties in accordance with 
  9-16      this chapter." 
 
  9-17                           SECTION 7. 
 
  9-18  Said chapter is further amended by adding immediately 
  9-19  following Code Section 43-14-8.4 a new Code section, to be 
  9-20  designated as Code Section 43-14-8.5, to read as follows: 
 
  9-21    "43-14-8.5. 
 
  9-22    (a) For purposes of this Code section only, 'division' 
  9-23    means the Division of Residential Contractors. 
 
  9-24    (b) On and after July 1, 2001, no person shall engage in 
  9-25    residential contracting unless such person has a valid 
  9-26    license therefor from the Division of Residential 
  9-27    Contractors. 
 
  9-28    (c) Any person desiring to qualify under the provisions of 
  9-29    this Code section who meets the requirements of this Code 
  9-30    section, submits proper application to the board, 
  9-31    satisfactorily completes the examination required by this 
  9-32    chapter, and pays or has paid the required fees and is not 
  9-33    otherwise in violation of this chapter shall be issued a 
  9-34    state-wide Residential Contractor license. Those 
  9-35    applicants whom the division finds competent with respect 
  9-36    to the Standard Building Code (SBCCI) shall be issued a 
  9-37    state-wide Residential Contractor Class SBC license. 
  9-38    Those applicants whom the division finds competent with 
  9-39    respect to the Council of American Building Officials One- 
  9-40    and Two-Family Dwelling Code, excluding Part V - Plumbing 
  9-41    of said code, shall be issued a state-wide Residential 
  9-42    Contractor Class CABO license. 
 
 
                                 -9- 
 
 
 
 10- 1    (d) Notwithstanding any other provision of this chapter, 
 10- 2    prior to and including July 1, 2001, the following 
 10- 3    persons, desiring to qualify under the provisions stated 
 10- 4    in this subsection, shall be issued a state-wide 
 10- 5    Residential Contractor Class SBC license and a state-wide 
 10- 6    Residential Contractor Class CABO license by the division, 
 10- 7    provided that such individual submits proper application 
 10- 8    and pays or has paid the required fees and is not 
 10- 9    otherwise in violation of this chapter: 
 
 10-10      (1) Any individual holding a license to engage in 
 10-11      residential contracting issued to him or her by any 
 10-12      governing authority of any political subdivision which 
 10-13      requires passing a written examination to obtain such 
 10-14      license; or 
 
 10-15      (2) Any individual who has successfully and efficiently 
 10-16      engaged in residential contracting in this state.  To 
 10-17      prove that he or she has successfully engaged in 
 10-18      residential contracting, the individual shall only be 
 10-19      required to give evidence of three successful 
 10-20      residential contracting jobs completed over the period 
 10-21      of one year immediately prior to the time of application 
 10-22      or evidence of 15 successful residential contracting 
 10-23      jobs over the period of five years immediately prior to 
 10-24      the time of application or evidence that he or she has 
 10-25      participated in or been engaged in residential 
 10-26      contracting for seven of the ten years immediately prior 
 10-27      to the time of application.  Such applicant shall swear 
 10-28      before a notary public that such evidence is true and 
 10-29      accurate prior to its submission to the division. 
 
 10-30    (e) The decision of the division as to the qualifications 
 10-31    of applicants taking the required examination shall, in 
 10-32    the absence of fraud, be conclusive. All individuals, 
 10-33    partnerships, or corporations desiring to engage in the 
 10-34    vocation of residential contracting on and after July 1, 
 10-35    2001, shall take or have taken the applicable examination 
 10-36    and qualified under this Code section for either a 
 10-37    Residential Contractor Class SBC license or a Residential 
 10-38    Contractor Class CABO license, or both, before engaging in 
 10-39    such vocation. 
 
 10-40    (f) On and after July 1, 2001, no partnership or 
 10-41    corporation shall have the right to engage in the business 
 10-42    of residential contracting unless there is regularly 
 10-43    connected with such partnership or corporation a person or 
 10-44    persons who have valid licenses issued to them as provided 
 
 
                                 -10- 
 
 
 
 11- 1    in this chapter and who supervise the residential 
 11- 2    contracting work of all employees of such partnership or 
 11- 3    corporation. 
 
 11- 4    (g) It shall be the duty of all partnerships and 
 11- 5    corporations qualified under this Code section to notify 
 11- 6    the division, in accordance with board rules, of the 
 11- 7    severance of the connection with such partnership or 
 11- 8    corporation of any person or persons upon whom the 
 11- 9    qualification of any such partnership or corporation 
 11-10    rested. 
 
 11-11    (h) All applicants for examinations and licenses provided 
 11-12    for by this Code section and all applicants for renewal of 
 11-13    licenses under this Code section shall be required to 
 11-14    complete a form which shall be provided by the division, 
 11-15    which form shall show whether the applicant is an 
 11-16    individual, partnership, or corporation and, if a 
 11-17    partnership or corporation, the names and addresses of the 
 11-18    partners or the names and addresses of the officers, when 
 11-19    and where formed or incorporated, and such other 
 11-20    information as the division in its discretion may require. 
 11-21    All forms of application for renewal of licenses shall 
 11-22    also show whether the applicant, if it is a partnership or 
 11-23    corporation, still has connected with it a duly qualified 
 11-24    person holding a license issued by the division. 
 
 11-25    (i) The division shall notify each local governing 
 11-26    authority of the provisions of this Code section relating 
 11-27    to licensure, especially the provisions of subsection (b) 
 11-28    of this Code section.  The division shall notify such 
 11-29    governing authorities that on and after July 1, 2001, any 
 11-30    person desiring a license to engage in the vocation of 
 11-31    residential contracting shall be required to pass an 
 11-32    examination as provided in this chapter. 
 
 11-33    (j) As a condition to the renewal of licenses, the 
 11-34    division may require licensees to complete board approved 
 11-35    continuing education of not more than four hours annually. 
 
 11-36    (k) A licensed residential contractor shall maintain 
 11-37    general liability insurance in an amount which is not less 
 11-38    than that specified by rules and regulations of the board 
 11-39    and workers' compensation insurance as required by the 
 11-40    laws of this state.  A certificate by the insurer or other 
 11-41    appropriate evidence of such coverage shall be filed with 
 11-42    the division. 
 
 
 
 
                                 -11- 
 
 
 
 12- 1    (l) A licensed residential contractor shall offer a 
 12- 2    written one-year limited warranty in connection with each 
 12- 3    contract to construct, or superintend or manage the 
 12- 4    construction, of any single-family residence where the 
 12- 5    cost of the undertaking is $10,000.00 or more.  The 
 12- 6    parties to the warranty may agree to submit any or all 
 12- 7    disputes arising under the warranty to arbitration.  Such 
 12- 8    agreement to arbitrate shall be enforceable as provided in 
 12- 9    Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia 
 12-10    Arbitration Code.'" 
 
 12-11                           SECTION 8. 
 
 12-12  Said chapter is further amended in Code Section 43-14-13, 
 12-13  relating to the applicability of said chapter, by striking 
 12-14  in their entirety subsections (a), (b), (d), and (j) and 
 12-15  inserting in lieu thereof new subsections (a), (b), (d), and 
 12-16  (j), respectively, to read as follows: 
 
 12-17    "(a) This chapter shall apply to all installations, 
 12-18    alterations, and repairs of plumbing, air-conditioning and 
 12-19    heating, or electrical or low-voltage wiring or utility 
 12-20    systems within or on public or private buildings, 
 12-21    structures, or premises, and residential contracting 
 12-22    except as otherwise provided in this Code section. 
 
 12-23    (b) Any person who holds a license issued under this 
 12-24    chapter may engage in the business of plumbing, electrical 
 12-25    contracting, conditioned air contracting, low-voltage 
 12-26    contracting, residential contracting, or utility 
 12-27    contracting but only as prescribed by the license, 
 12-28    throughout the state; and except as provided in Code 
 12-29    Section 43-14-12, no municipality or county may require 
 12-30    such person to comply with any additional licensing 
 12-31    requirements imposed by such municipality or county." 
 
 12-32    "(d) This chapter shall not prohibit an individual from 
 12-33    installing, altering, or repairing plumbing fixtures, 
 12-34    air-conditioning and heating, air-conditioning and heating 
 12-35    fixtures, utility systems, or electrical or low-voltage 
 12-36    wiring services in a residential dwelling owned or 
 12-37    occupied by such individual or acting as a residential 
 12-38    contractor on a residential dwelling owned or occupied by 
 12-39    such individual; provided, however, that all such work 
 12-40    must be done in conformity with all other provisions of 
 12-41    this chapter, the rules and regulations of the board, and 
 12-42    any applicable county or municipal resolutions, 
 12-43    ordinances, codes, or inspection requirements." 
 
 
 
                                 -12- 
 
 
 
 13- 1    "(j) This chapter shall not apply to regular full-time 
 13- 2    employees of an institution, manufacturer, or business who 
 13- 3    perform plumbing, electrical, low-voltage wiring, 
 13- 4    residential contracting, utility contracting, or 
 13- 5    conditioned air work when working on the premises of that 
 13- 6    employer." 
 
 13- 7                           SECTION 9. 
 
 13- 8  This Act shall become effective on July 1, 2000. 
 
 13- 9                          SECTION 10. 
 
 13-10  All laws and parts of laws in conflict with this Act are 
 13-11  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -13- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99