VIRGINIA BOARD FOR

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1 OMMONWEALTH OF IRGINIA C V OARD FOR C ONTRACTORS B REGULATIONS Last Updated J anuary 1, 201 8 STATUTES Title 54.1, Chapter 11 9960 Mayland Drive, Suite 400 A 23233 Richmond, V 367 -8511 (804) www.dpor.virginia.gov

2 VIRGINIA BOARD FOR CONTRACTORS DIRECTORY Information and forms are available over the internet at: www.dpor.virginia.gov Please use these telephone numbers for the following actions: (804) 367- 8511 To request an application form To make an inquiry on a pending application (804) 367- 8511 (804) 367- 8511 To make an inquiry regarding the Board or its regulations To file a complaint against a contractor (804) 367- 8504 (804) 367- 8504 To make an inquiry on the status of a filed complaint To obtain information on the Virginia Contractor Transaction Recovery Fund (804) 367- 1559 Please write to the Board for Contractors at the below address to request the following: 1. An interpretation of the Board’s regulations. 2. A waiver from the Board’s regulations regarding a specific entry requirement -22- 40, 18 VAC 50 -22- 50, and 18 VAC 50 -22-60 of these regulations); or (See 18 VAC 50 22-70 of these regulations). 3. Reciprocity for a required examination (See 18 VAC 50- Virginia Board for Contractors Department of Professional and Occupational Regulation The Perimeter Center, Suite 400 9960 Mayland Drive Rich mond, Virginia 23233 Please write to the Contractor’s Licensing Section at the below address to request the following: 1. A change of name in which your firm operates (See 18 VAC 50 -22- 230 A of these regulations); 2. A change of your firm’s address (See 18 VAC 50 -22- 230 B of these regulations); or 3. General information or an application form. Board for Contractors’ Licensing Section Department of Professional and Occupational Regulation The Perimeter Center, Suite 400 9960 Mayland Drive Richmond, Virginia 23233 i

3 SUMMARY OF SIGNIFICANT CHANGES The purpose of these regulations is to add the “Drug lab remediation contracting” specialty that may be listed . The definition of the scope of practice for the new specialty is contained in 18 VAC 50 -22-30 of on the license these regulations. Included in this document are relevant excerpts from the Virginia Administrative Code. Please note that the Board for Contractors is responsible for promulgating regulations in accordance with the Administrative Process Act ( § 2.2- 4000 et seq .), and the Virginia Code Commission is responsible for compiling and codifying all of the administrative regulations of state agencies into the Virginia A dministrative Code. It is your responsibility to stay informed and follow all regulations and statutes governing your profession or occupation. As a regulant of the Board, you should read and become familiar with all regulations applicable to your profession or occupation. You can stay informed of regulatory actions that may result in changes to the regulations at Virginia Regulatory Town Hall ( http://www.townhall.virginia.gov/ ). This document is a c omplete, edited (unofficial) copy of the Board for Contractors Regulations (18 VAC 50 -22). Please refer to the Virginia Administrative Code for an official copy of the regulations applicable to your profession or occupation. You can access the Virginia A dministrative Code online at http://law.lis.virginia.gov/vacode/. ii

4 STATEMENT OF PURPOSE This booklet contains the information you will need to obtain your license as a contractor . The law that governs your profession is found in the Code of Virginia , 1950, as amended, in Title 54.1, Chapter 11. That law permits the Board for Contractors to issue regulations that tell you more about what is expected of you in your profession. This booklet contains a copy of the law and regulations that you will need to know and obey to obtain and keep your contractor license . BE SURE YOU READ AND UNDERSTAND THE STANDARDS OF PRACTICE AND CONDUCT. YOUR FAILURE TO OBEY THESE STANDARDS COULD RESULT IN A MONETARY PENALTY OR THE LOSS OF YOUR contractor license. It is the goal of the Board for Contractors and Department of Professional and Occupational Regulation to provide you with the information you need to comply with the law and regulations. If you have a question and cannot find the answer to it in this booklet, please write to: Board for Contractors Department of Professional and Occupational Regulation 9960 Mayland Drive, Suite 400 Richmond, V A 23233 or call the Board at (804) 367- 8511 or e- mail the Board at [email protected] iii

5 TABLE OF CONTENTS i DIRECTORY SUMMARY OF REGULATORY CHANGES ii STATEMENT OF PURPOSE iii REGULATIONS: Part I Definitions .. 1 ... Entry ... Part II 14 Fees, Renewal and Reinstatement Requirements Part III 25 ... Part IV Reinstatement ... 28 Part V ... . 31 Standards of Practice and Conduct Part VI Prelicense Education... . 41 STATEMENT OF PROTECTIONS*... 43 *This consumer information sheet or the information contained therein needs to be included in all residential contracts, when such contracts are the result of a door-to-door solicitation. For more information on what is required to be in a residential contract, see 18 VAC 50-22-260-B-9 of the board’s regulations. LINK TO CHAPTER 11 OF TITLE 54.1 OF THE CODE OF VIRGINIA : https://law.lis.virginia.gov/vacode/title 54.1/chapter 11/ iv

6 PART I. DEFINITIONS. 22- 18 VAC 50- . 10. General definitions The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, shall have the following meanings: “Address of record” means the mailing address designated by the licensee to receive notices and correspondence from the board. "Affidavit" means a written statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a notary or other person having the authority to administer such oath or affirmation. "Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law. “Change order” means any modification to the original contract including, but not limited to, the time to complete the work, change in materials, change in cost, and change in the scope of work. "Controlling financial interest" means the direct or indirect ownership or control of more than 50% ownership of a firm. "Firm" means any business entity recognized under the laws of the Commonwealth of Virginia. training” means courses in the trade administered at an accredited educational facility; or “Formal vocational formal training, approved by the department, conducted by trade associations, businesses, military, correspondence schools or other similar training organizations. "Full -time employee" means an employee who spends a minimum of 30 hours a week carrying out the work of the licensed contracting business. “Helper” or “Laborer” means a person who assists a licensed tradesman and who is not an apprentice as defined in 18 VAC 50 -30-10. "Licensee" means a firm holding a license issued by the Board for Contractors to act as a contractor, as defined in § 54.1- 1100 of the Code of Vir ginia. "Net worth" means assets minus liabilities. For purposes of this chapter, assets shall not include any property owned as tenants by the entirety. 1

7 means a licensed contractor that performs, supervises, or manages the construction, “Prime contractor” removal, repair, or improvement of real property pursuant to the terms of a primary contract with the property owner/lessee. The prime contractor may use its own employees to perform the work or use the services of other properly licensed contractors. “Principal place of business” means the location where the licensee principally conducts business with the public. "Reciprocity" means an arrangement by which the licensees of two states are allowed to practice within each other's boundaries by mutual agreement. "Reinstatement" means having a license restored to effectiveness after the expiration date has passed. "Renewal" means continuing the effectiveness of a license for another period of time. “Residential building energy analyst firm” means any bu siness entity wherein a residential building energy analysis, as defined in § 54.1 -1144 of the Code of Virginia is offered or practiced. "Responsible management" means the following individuals: 1. The sole proprietor of a sole proprietorship; 2. The partners of a general partnership; 3. The managing partners of a limited partnership; 4. The officers of a corporation; 5. The managers of a limited liability company; 6. The officers or directors of an association or both; and 7. business entities recognized under the laws of the Individuals in other Commonwealth as having a fiduciary responsibility to the firm. means any individual, not a corporation, who is trading under his own name, or under an "Sole proprietor" assumed or fictitious name pursuant to the provisions of § § 59.1 -69 through 59.1- 76 of the Code of Virginia. “Supervision” means providing guidance or direction of a 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 laborer, and periodically performance of the task or observing and evaluating the procedure. “Supervisor” means the licensed master or journeyman tradesman who has the responsibility t o ensure that the installation is in accordance with the applicable provisions of the Virginia Uniform Statewide Building Code and provides supervision to helpers and laborers as defined in this chapter. “Temporary license” means a license issued by the board pursuant to § 54.1 -201.1 of the Code of Virginia that authorizes that person to engage in the practice of contracting until suc h time as the license is issued or 45 days from the date of issuance of the temporary license, whichever occurs first. 2

8 "Tenants by the entirety" means a tenancy which is created between a husband and wife and by which together they hold title to the whole with right of survivorship so that, upon death of either, the other takes whole to exclusion of the deceased's remaining heirs. “Virginia Uniform Statewide Building Code” or “USBC” means building regulations comprised of those promulgated by the Virginia Board of Housing and Community Development in accordance with and standards that are incorporated by reference §36 -98 of the Code of Virginia, including any model codes and that regulate construction, reconstruction, alteration, conversion, repair, maintenance or use of structures, and building and installation of equipment therein. Historical Notes: Derived from VR220-01-2:1 §1.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006; Virginia Register Volume 29, Issue 3, eff. December 1, 2012. Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016. 18 VAC 50 -22- 20. Definitions of license classifications. The following words and t erms, when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings: "Commercial b uilding contractors" (Abbr : CBC ) means those individuals whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, and accessory use buildings or structures. The CBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, repair, or i mprovement, of dwellings and townhouses as defined in the USBC. If the CBC other than those listed in this definition , all required specialty contractor performs specialty services, designations shall be obtained. The CBC contractor may act as a prime contractor and contract with license. subcontractors to perform work not permitted by the CBC building classification The commercial includes but is not limited to the functions carried out by the following specialties for contracts of commercial, instituti onal, governmental, and accessory use buildings or structures, including multi -family housing: Billboard/sign contracting Marine facility contracting Masonry contracting Commercial improvement contracting Concrete contracting Painting and wallcovering contracting Farm improvement contracting Recreational facility contracting Industrialized building contracting Roofing contracting Landscape service contracting Swimming pool contracting 3

9 (Abbr: ELE ) means those individuals whose contracts include the construction, "Electrical contractors" repair, maintenance, alteration, or removal of electrical systems. This classification provides for all work the electrical provisions of the USBC including electronic/communic ation service contracting (ESC) covered by and fire alarm systems contracting (FAS) specialties. A firm holding an ELE license is responsible for meeting all applicable individual license and certification regulations . "Highway/heavy contractors" those individuals whose contracts include construction, (Abbr: H/H) means repair, improvement, or demolition of the following: Bridges Rail roads Dams Roads Drainage systems Runways Streets Foundations Parking lots Structural signs and lights transit systems Tanks Public The functions carried out by these contractors include but are not limited to the following: Building demolition Nonwater well drilling Clearing Paving Concrete work Pile driving Excavating Road marking Grading Stee l Erection These contractors also install, maintain, or dismantle the following: 1. Power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter; 2. Pumping stations and treatment plants; 3. Telephone, telegraph or signal systems for public utilities; and 4. Water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances. This classification may also install backflow prevention devices incidental to work in this classification when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices. "HVAC contractors" (Abbr: HVA) means those individuals whose work includes the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heaters, heating systems, boilers, process piping, and mechanical refrigeration systems, including tanks incidental to the sy stem. This classification does not provide for fire suppression installations, sprinkler system installations, or gas piping. A firm holding a HVAC license is responsible for meeting all applicable individual license and certification regulations . This classification may install backflow prevention devices incidental to work in this classification. 4

10 (Abbr: PLB) means those individuals whose contracts include the installation, "Plumbing contractors" piping, fixtures, appliances, and appurtenances in maintenance, extension, or alteration, or removal of all connection with any of the following: Public/private water supply systems within or Backflow prevention devices adjacent to any building, structure or conveyance Sanitary or storm drainage f Boilers acilities Hot water baseboard heating systems Steam heating systems Hot water heaters Storage tanks incidental to the installation of related systems Hydronic systems Venting systems related to plumbing Process piping These contractors also install, maintain, extend or alter the following: Storm water systems Liquid waste systems Sewerage systems Water supply systems This classification does not provide for (ii) the function of fire sprinkler contracting except for (i) gas piping or A firm holding a PLB license is responsible for meeting sprinklers that are tied into the domestic water supply. all applicable individual license and certification regulations. The classification may install sprinkler systems in accordance with the plumbing provisions of the USBC when the installer has permitted to be designed received formal vocational training approve d by the board that included instruction of installation of sprinkler systems. uilding contractors" "Residential b : RBC ) means those individuals whose contracts include (Abbr construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of dwellings and townhouses, as defined in the USBC, including accessory buildings or structures on such property. The RBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, repair, or improvement, to commercial, industrial, institutional, or governmental use structur es outside of dwellings and townhouses as defined in the USBC. The residential building classification includes but is not limited to the functions carried out by the following specialties for contracts of dwellings and townhouses, as defined by the USBC, and related accessory use buildings or structures: Masonry contracting Concrete contracting Home improvement contracting Painting and wallcovering contracting Industrialized building contracting Roofing contracting g Swimming pool contracting Landscape service contractin 5

11 means those individuals whose contracts are for specialty services "Specialty contractors" that do not generally fall within the scope of any other classification within this chapter. Historical Notes: Derived from VR220-01-2:1 §1.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006 ; Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016. 18 VAC 50 -22- 30. Definitions of specialty services. The following words and t erms, when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings: “Accessibility s ervices contracting” (ASC) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 3 00 pounds, and private residence elevators in accordance with the Virginia Uniform Statewide Building Code (13 VAC 5- 63). The EEC specialty may also perform this work. This specialty does not include work on limited use- limited application (LULA) elevators. “Accessibility services contracting – LULA” (Abbr: ASL) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlift s, dumbwaiters with a capacity limit of 300 pounds, private residence elevators, and limited use -limited application (LULA) elevators in accordance with the Virginia Uniform Statewide Building Code (13 k. VAC 5 -63). The EEC specialty may also perform this wor (Abb r: AES) means that service that provides for the installation, "Alternative energy system contracting" repair or improvement, from the customer's meter, of alternative energy generation systems, supplemental annexed to real property. This service does not include the energy systems and associated equipment installation of emergency generators powered by fossil fuels. No other classification or specialty service provides this function. This specialty does not provide for electrical, plumbing, gas f itting, or HVAC functions. "Asbestos contracting" (Abbr: ASB) means the service that provides for the installation, removal, or encapsulation of asbestos containing materials annexed to real property. No other classification or specialty service provides for this function. "Asphalt paving and sealcoating contracting" (Abb r: PAV) means that service that provides for the ins tallation of asphalt paving or sealcoating , or both, on subdivision streets and adjacent intersections, driveways, parking lots, tenni s courts, running tracks, and play areas, using materials and accessories common to the industry. This includes height adjustment of existing sewer manholes, storm drains, water valves, sewer cleanouts and drain grates, and all necessary excavation and gr ading. The H/H classification also provides for this function. that provides for the installation, repair, "Billboard/sign contracting" (Abbr: BSC) means the service 6

12 real property. H/H and improvement, or dismantling of any billboard or structural sign permanently annexed to are the classifications that can perform this work except that a contractor in this specialty may connect or CBC disconnect signs to existing electrical circuits. No trade related plumbing, electrical, or HVAC work is included in t his function. (Abbr: BEC) means the service that provides for the use of explosive charges "Blast/explosive contracting" for the repair, improvement, alteration, or demolition of any real property or any structure annexed to real property. "Commercial im provement contracting" (Abbr: CIC) means the service that provides for repair or improvement to classification also structures not defined as dwellings and townhouses in the USBC. The CBC provides for this function. The CIC classification does not provid e for the construction of new buildings, accessory buildings, electrical, plumbing, HVAC or gas work. "Concrete contracting" (Abbr: CEM) means the ser vice that provides for all work in connection with the processing, proportioning, batching, mixing, conveying and placing of concrete composed of materials common to the concrete industry. This includes finishing, coloring, curing, repairing, testing, sawing, grinding, grouting, placing of film barriers, sealing and waterproofing. Construction and assembling of forms, molds, slipforms, pans, centering, and the use of rebar is also included. The CBC, RBC, and H/H classifications also provide for this function. “Drug lab remed iation contracting ” (Abbr: the cleanup, treatment, DLR ) means the service that provides for containment, or removal of hazardous substances at or in a property formerly used to manufacture methamphetamine or other drugs and may include demolition or disposal of structures or other property. No alty provides for this function. other classification or speci “Drywall contracting” (Abbr: DRY) means the service that provides for the installation, taping, and finishing of cementitious board and the installation o f drywall, panels and assemblies of gypsum wallboard, sheathing, and RBC and CBC studs made of sheet metal for the framing of ceilings and nonstructural partitioning. The classifications and the HIC and CIC specialties also provide for this function. "Electronic/communication service contracting" (Abbr: ESC) means the service that provides for the installation, repair, improvement, or removal of electronic or communications systems annexed to real property including telephone wiring, computer cabling, sound systems, data links, data and network installation, television and cable TV wiring, antenna wiring, and fiber optics installation, all of which operate at 50 volts or less. A firm holding an ESC license is responsible for meeting all applicable tradesman licensure standards. The ELE classification also provides for this function. "Elevator/escalator contracting" (Abbr: EEC) means the service that provides for the installation, repair, improvement or removal of elevators or escalators permanently annexed to real property. A firm holding an EEC license is responsible for meeting all applicable individual license and certification regulations . No o ther classification or specialty service provides for this function. "Environmental monitoring well contracting" (Abbr: EMW) means the service that provides for the construction of a well to monitor hazardous substances in the ground. 7

13 "Environmental spec (Abbr: ENV) means the service that provides for installation, repair, ialties contracting" removal, or improvement of pollution control and remediation devices. No other specialty provides for this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions. ( Abbr: EMC) means the service that "Equipment/machinery contracting" provides for the installation or removal of equipment or machinery including conveyo rs or heavy machinery. Boilers exempted by the Virginia Uniform Statewide Building Code (13VAC5 -63) but regulated by the Department of Labor and Industry are also included in this specialty. This specialty does not provide for any electrical, plumbing, process piping or HVAC functions. "Farm improvement contrac ting" (Abbr: FIC) means the service that provides for the installation, repair or improvement of a nonresidential farm building or structure, or nonresidential farm accessory -use structure, or additions thereto. The CBC classification also provides for this function. The FIC specialty does not provide for any electrical, plumbing, HVAC, or gas fitting functions. “Finish carpentry contracting” (Abbr: FIN) means the service that provides for the installation, repair, and finishing of cabinets, sash casing, door casing, wooden flooring baseboards, countertops, and other millwork. Finish carpentry does not include the installation of ceramic tile, marble, and artificial or cultured stone. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function. "Fire alarm systems contracting" provides for the installation, repair, or (Abbr: FAS) means the service that improvem ent of fire alarm systems that operate at 50 volts or less. The ELE classification also provides for this function. A firm with an FAS license is responsible for meeting all applicable tradesman licensure standards. (Abbr: SPR) means the service that provides for the installation, repa ir, alteration, "Fire sprinkler contracting" addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. This specialty does not provide for the installation, repair, or maintenance of other types of fire suppression systems. The PLB classification allows for the installation of systems permitted to be designed in accordance with the plumbing provisions of the USBC . This specialty may engage in the installation of backflow preventi on devices in the fire sprinkler supply main and sprinkler system installation incidental to the when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices. "Fire suppression contracting" (Abbr: FSP) means the service that provides for the installation, repair, improvement, or removal of fire suppression systems including halon and other gas systems, dry chemical systems, and carbon dioxide systems annexed to real property. No other classification provides for this function. The FSP specialty does not provide for the installation, repair, or maintenance of water sprinkler systems. “Flooring and floor covering contracting” (Abbr: FLR) means the service that provides for the installation, repair, improvement, or removal of materials that are common in the flooring industry. This includes, wood and wood composite flooring, tack strips or other products used to secure carpet, vinyl and linoleum, ceramic, marble, stone, and all other types of tile, and includes the installation or replacement of subflooring, leveling does not products, or other materials necessary to facilitate the installation of the flooring or floor covering. This 8

14 include the installation, repair, or removal of floor joists or other structural components of the flooring system. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function. “Framing subcontractor” (Abbr: FRM) means the service which, while serving in the role of a subcontractor to a licensed prime contractor, provides for the construction, removal, repair, or improvement to any framing or including the installation and repair of rough carpentry necessary for the construction of framed structures, individual components of framing systems. The RBC and CBC classifications also provide for this function. "Gas fitting contracting" (Abbr: GFC) means the service that provides for the installation, repair, improv ement, or removal of gas piping and appliances annexed to real property. A firm holding a GFC license is responsible for meeting all applicable individual ( tradesman) licensure regulations . (Abbr: GLZ) means the service that provides for the installation, assembly, “Glass and glazing contracting” repair, improvement, or removal of all makes and kinds of glass, glass work, mirrored glass, and glass substitute for glazing; executes the fabrication and glazing of frames, panels, sashes and doors, or installs these items in any structure. The specialty includes the installation of standard methods of weatherproofing, caulking, glazing, sealants, and adhesives. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function. "Home improvement contracting" (Abbr : HIC) means the service that provides for repairs or improvements to dwellings and townhouses as defined in the USBC or structures annexed to those dwellings or townhouses as defined in the USBC. The RBC classification also provides for this function. The HIC specialty does not provide for electrical, plumbing, HVAC, or gas fitting functions. It does not include new construction functions beyond the existing building structure other than decks, patios, driv , and utility out buildings that do not eways require a permit per the USBC. “Industrial building contracting” (Abbr: IBC) means the service that provides for the installation or ized removal of an industrialized building as defined in the Virginia Industrialized Building Safety Regulations (13 -91). This classification covers foundation work in accordance with the provisions of the VAC 5 Uniform Virginia Statewide Building Code (13 VAC 5- 63) and all ows the licensee to complete internal tie- ins of plumbing, gas, electric al, and HVAC systems. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter, or installing the outside compressor for the HVAC system. The CBC and RBC classification for this function. s also provide “Insulation and weather stripping contracting” (Abbr : INS) means the service that provides for the installation, repair, improvement, or removal of materials classified as insulating media used for the sole purpose of temperature control or sound control of residential and commercial buildings. It does not include the insulation of mechanical equipment and ancillary lines and piping. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function. "Landscape irrigation contracting" (Abbr: ISC) means the service that provide s for the installation, repair, improvement, or removal of irrigation sprinkler systems or outdoor sprinkler systems. The PLB and H/H classifications also provide for this function. This specialty may install backflow prevention devices incidental to wor k in this specialty when the installer has received formal vocational training approved by the board that 9

15 included instruction in the installation of backflow prevention devices. "Landscape service contracting" (Abbr: LSC) means the service that provides for the alteration or improvement of a land area not related to any other classification or service activity by means of excavation, clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping This spe timbers. The CBC, RBC, and H/H classification s cialty may remove stumps and roots below grade. also provide for this function. "Lead abatement contracting" (Abbr: LAC) means the service that provides for the removal or encapsulation of lead- containing materials an nexed to real property. No other classification or specialty service provides for this function, except that the PLB and HVA classifications may provide this service incidental to work in those classifications. "Liquefied petroleum gas contracting" (Abbr : LPG) means the service that includes the installation, maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances used in transporting, storing or utilizing liquefied petroleum gas. This excludes hot water heaters, boilers, and central hea ting systems that require an HVA or PLB license. The GFC specialty also provides for this function. A firm holding a n LPG license is responsible for meeting all applicable individual license and certification regulations . “Manufactured home contracting” (Abbr: MHC) means the service that provides for the installation or (13 VAC 5 removal of a manufactured home as defined in the Virginia Manufactured Home Safety Regulations - 95). This classification does not cover foundation work; however, it does allow installation of piers covered under HUD regulations. It does allow a licensee to do internal tie- ins of plumbing, gas, electrical, or HVAC equipment. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing No other specialty provides for the service meter, or installing the outside compressor for the HVAC system. this function. "Marine facility contracting" (Abbr: MCC) means the service that provides for the construction, repair, body improvement, or removal of any structure the purpose of which is to provide access to, impede, or alter a and H/H classifications also provide for this function. The MCC specialty does not of surface water. The CBC provide for the construction of accessory structures or electrical, HVAC or plumbing functions. "Masonry contracting" (Abbr: BRK) means the service that includes the installation of brick, concrete block, stone, marble, slate or other units and products common to the masonry industry, including mortarless type masonr y products. This includes installation of grout, caulking, tuck pointing, sand blasting, mortar washing, parging , and cleaning and welding of reinforcement steel related to masonry construction. The CBC and RBC classification s and the HIC and CIC special ties also provide for this function. "Natural gas fitting provider contracting" (Abbr: NGF) means the service that provides for the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property. This does not include ne w installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment that requires an HVA or PLB license. The GFC specialty also provides for this function. A firm holding an NGF license is responsible for meeting all applicable individual license and certification regulations. provides for the application of "Painting and wallcovering contracting" (Abbr: PTC) means the service that 10

16 materials common to the painting and decorating industry for protective or decorative purposes, the installation of surface coverings such as vinyls, wall papers, and cloth fabrics. This includes surface preparation, caulk ing, sanding and cleaning preparatory to painting or coverings and includes both interior and exterior surfaces. The CBC and RBC classification s and the HIC and CIC specialties also provide for this function. (Abbr: RMC) me "Radon mitigation contracting" provides for additions, repairs or ans the service that improvements to buildings or structures, for the purpose of mitigating or preventing the effects of radon gas. No electrical, plumbing, gas -fitting, or HVAC functions are provided by this specialty. "Recreational facility contracting" (Abbr: RFC) means the service that provides for the construction, repair, or improvement of any recreational facility, excluding paving and the construction of buildings, plumbing, electric BC classification also provides for this function. al, and HVAC functions. The C "Refrigeration contracting" (Abb r: REF) means the service that provides for installation, repair, or removal of any refrigeration equipment (excluding HVAC equipment). No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty. This specialty is intended for those contractors who repair or install coolers, refrigerated casework, ice- making machines, drinking fountains, cold room equipment, and similar hermetic refrigeration eq uipment. The HVAC classification also provides for this function. "Roofing contracting" (Abbr: ROC) means the service that provides for the installation, repair, removal or improvement of materials common to the industry that form a watertight, weather r esistant surface for roofs and decks. This includes roofing system components when installed in conjunction with a roofing project, ation application of dampproofing or waterproofing, and installation of roof insulation panels and other roof insul systems above roof deck. classification s and the HIC and CIC specialties also provide for The CBC and RBC this function. "Sewage disposal systems contracting" (Abbr: SDS) means the service that provides for the installation, s, septic systems, and other on site sewage disposal systems repair, improvement, or removal of septic tank annexed to real property. “Steel erection contracting” (Abbr: STL) means the service that provides for the fabricatio n and erection of structural steel shapes and plates, regardless of shape or size, to be used as structural members, or tanks, including any related riveting, welding, and rigging. This specialty includes the fabrication, placement and tying of steel reinf orcing bars, rods, and post -tensioning to reinforce concrete buildings and structures. The RBC , CBC, and H/H classifications also provide for this function. "Swimming pool construction contracting" (Abbr: POL) means the service that provides for the con struction, repair, improvement or removal of i n- ground swimming pools. The CBC and RBC classification s and the RFC specialty also provide for this function. No trade related plumbing, electrical, backflow or HVAC work is included in this specialty “Tile, marble, ceramic, and terrazzo contracting” (Abbr: TMC) means the service that provides for the preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, terrazzo, encaustic, faience, quarry, semi -vitre ous, cementitious board, and other tile, excluding hollow or structural partition tile. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function. 11

17 “Underground utility and excavating contracting” (Abbr: UUC) means the service that provides for the construction, repair, improvement, or removal of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line, or residential or single- occupancy commercial properties, or on multi -occupancy properties at manhole or wye lateral extend to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. This specialty may install empty underground conduits in rights -of-way, easements, platted rights -of-way in new site development, and sleeves for parking lot crossings if each conduit system does not include installation of any conductor wiring or connection to an energized electrical system. The H/H classification also provides for this function. "Vessel construction contracting" (Abbr: VCC) means the service that provides for the construction, repair, improvement, or removal of nonresidential vessels, tanks, or piping that hold or convey fluids other than supplies. The H/H classification also provides for this function. sanitary, storm, waste, or potable water "Water well/pump contracting" provides for the installation of a water (Abbr: WWP) means the service that well system, including geothermal wells , which includes construction of a water w ell to reach groundwater, as defined in § 62.1- 255 of the Code of Virginia, and the installation of the well pump and tank, including pipe and n wire, up to and including the point of connection to the plumbing and electrical systems. No other classificatio or specialty service provides for construction of water wells. This regulation shall not exclude PLB, ELE or HVAC from installation of pumps and tanks. Note: Specialty contractors engaging in construction which involves the following activities or items or similar activities or items ma y fall under the CIC, HIC and FIC specialty services , or they may fall under the CBC or RBC classification s. Fiberglass Rubber Linings Appliances Awnings Fireplaces Sandblasting Blinds Fireproofing Scaffolding s eads Fixtures Screen Bulkh Carpeting Grouting Shutters Guttering Ceilings Siding Chimneys Interior Decorating Skylights Chutes Lubrication Storage Bins and Lockers Curtains Metal Work Stucco Curtain Walls Millwrighting Vaults Decks Mirrors Wall Panels Doors Miscellaneous Iron Waterproofing Ornamental Iron Waterproofing Epoxy Exterior Decoration Partitions Windows Protective Coatings Facings Fences Railings 12

18 : Historical Notes Derived from VR220-01-2:1 §1.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 32, Issue 11, eff. March 1, 2016 13

19 PART II. ENTRY 18 VAC 50- 40. Requirements for a Class C license. 22- A firm applying for a Class C license must meet the requirements of this section. A. B. For every classification or specialty in which the firm seeks to be licensed, the firm shall name a qualified individual who meets the following requirements: Is at least 18 years old; 1. 2. Has a minimum of two years experience in the classification or specialty for which he is the qualifier; 3. Is a full -time employee of the firm as defined in this chapter or is a member of the and responsible management of the firm; a. Has obtained the appropriate certification for the following specialties: 4. (1) Blast/Explosive contracting (Department of Fire Programs explosive use certification) . Fire sprinkler (NICET Sprinkler III certification) , and (2) (3) Radon mitigation (EPA or DEQ accepted radon certification). Has obtained, pursuant to the b. Individual Licensing and Certification Regulations , a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting. c. Has completed, for the drug lab remediation specialty, a remediation course - approved examination. approved by the board and a board d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting. e. Has completed a board- approved examination for all other classifications and specialties that do not require other certification or licensure. 14

20 C. The firm shall provide information for the past five years prior to application on any outstanding, past -due debts and judgments; outstanding tax obligations; defaults on bonds; or bankruptcies. The firm and all members of the responsible management of pending or past -due debts and judgments or defaults on bonds the firm shall submit information on any past directly related to the practice of contracting as defined in Chapter 11 (§ 54.1- 1100 et seq .) of Title 54.1 of the Code of Virginia. D. The firm and all members of the responsible management of the firm shall disclose at the time of application any current or previous contractor licenses held in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction. E. In accordance with § 54.1- 204 of the Code of Virginia, all applicant s shall disclose the following information about the firm, all members of the responsible management, and the qualified individual or individuals for the firm: 1. All misdemeanor convictions within three years of the date of application; and 2. s. All felony convictions during their lifetime Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny 204 of the Code of Virginia. licensure to any applicant in accordance with § 54.1- F. A member of responsible management shall have successfully complet ed a board- approved basic business course. Historical Notes: Derived from VR220-01-2:1 §2.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001, Virginia Register Volume 25, Issue 3, eff. December 1, 2008, Virginia Register Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016. 18 VAC 50 50. Requirements for a Class B license. -22- A. A firm applying for a Class B license must meet the requirements of this section. B. A firm shall name a designated employee who meets the following requirements: 1. Is at least 18 years old; 15

21 Is a full time employee of the firm as defined in this chapter, or is a member of 2. responsible management as defined in this chapter; Has passed a bo ard -approved examination as required by § 54.1 -1108 of the Code 3. of Virginia or has been exempted from the exam requirement in accordance with § 54.1 -1108.1 of the Code of Virginia; and 4. Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the date of the exam. C. For every classification or specialty in which the firm seeks to be licensed, the firm shall name a qualified individual who meets the following requirements: 1. Is at least 18 years old; 2. Has a minimum of three years experi ence in the classification or specialty for which he is the qualifier; 3. -time employee of the firm as defined in this chapter or is a member of the Is a full responsible management of the firm; Has obtained the appropriate certification for the followi ng specialties: 4. a. Blast/Explosive contracting (Depart ment of Fire Programs explosive use (1) , certification) (2) Fire sprinkler (NICET Sprinkler III certification) , and Radon mi tigation (EPA or DEQ accepted radon certification). (3) b. Has obtained, pursuant to the Individual Licensing and Certification Regulations, a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting. c. Has completed, for the drug lab remediation specialty, a remediation course appr –approved examination. oved by the board and a board d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting. 16

22 e. approved examination for all other classifications Has completed a board- and specialties that do not require other certification or licensure. D. Each firm shall submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state a net worth or equity of $15,000 or more. E. Each firm shall provide information for the five years prior to application on any outstanding, past -due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm shall submit informa tion on any past -due debts and judgments or defaults 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 Code of Virginia. The firm, the designated employee, and all members of the responsible management of the F. firm shall disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any any monetary penalties, fines, disciplinary actions taken on these licenses. This includes suspension, revocation, or surrender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the par ties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1- 1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated or surrendered in connection with a disciplinary action in Virginia or any other jurisdiction. G. In accordance with § 54.1- 204 of the Code of Virginia, each applicant shall disclose the following information about the firm, designated employee, all members of the responsible management, and the qualified individual or individuals for the firm: 1. All misdemeanor convictions within three years of the date of application; and 2. All felony convictions during their lifetime s. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1- 204 of the Code of Virginia. H. The designated employee or a member of responsible management shall have successfully completed a board- approved basic business course. Historical Notes: ister Volume 17, Derived from VR220- 01- 2:1 §2.2, eff. March 31, 1995; amended, Virginia Reg 17

23 Issue 3, eff. December 1, 2008, Issue 21, eff. September 1, 2001, Virginia Register Volume 25, Virginia Register Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016. -22- 60. Requirements for a Class A license. 18 VAC 50 A firm applying for a Class A license shall meet all of the requirements of this section. A. B. A firm shall name a designated employee who meets the following requirements: 1. Is at least 18 years old; 2. Is a full -time employee of the firm as defined in this chapter or is a member of the responsible management of the firm as defined in this chapter; 3. Has passed a board- approved examination as required by § 54.1 -1106 of the Code of Virginia or has been exempted from the exam requirement in accordance with § 54.1 -1108.1 of the Code of Virginia; and 4. Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Suc h rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the day of the exam. C. For every classification or specialty in which the firm seeks to be licensed, the f irm shall name a qualified individual who meets the following requirements: 1. Is at least 18 years old; 2. Has a minimum of five years of experience in the classification or specialty for which he is the qualifier; 3. Is a full -time employee of the firm as defined in this chapter or is a member of the firm as defined in this chapter or is a member of the responsible management of the firm; 4. a. Has obtained the appropriate certification for the following specialties: (1) Blast/Explosive con DHCD explosive use certification) tracting ( , (2) Fire sprinkler (NICET Sprinkler III certification) , and (3) Radon mitigation (EPA or DEQ accepted radon certification). b. Has obtained, pursuant to the Individual Licensing and Certification 18

24 Regulations, a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting. c. Has completed, for the drug lab remediation specialty, a remediation course appr oved by the board and a board– approved examination. d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting. e. Has completed a board- approved examination for all other classifications and specialties that do not require other certification or licensure. D. Each firm shall submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state a net worth or equity of $45,000. E. The firm shall provide information for the five years prior to application on any outstanding, past -due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm shall submit information on any past -due debts and judgments or defaults 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 Code of Virginia. The firm, the designated employee, and all members of the responsible management of the F. firm shall disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, or surr ender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the parties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1 -1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated, or surrendered in connection with a disciplinary action in Virginia or in any other jurisdiction. G. In accordance with § 54.1- 204 of the Code of Virginia, each applicant shall disclose the following information about the firm, all members of the responsible management, the designated employee and the qualified individual or individuals for the firm: 1. All misdemeanor convictions within three years of the date of application; and 2. All felony convictions during their lifetime s. 19

25 Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any 204 of the Code of Virginia. applicant in accordance with § 54.1- H. The designated employee or a member of responsible management shall have successful ly approved basic business course. completed a board- Historical Notes: Derived from VR220-01-2:1 §2.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001, Virginia Register Volume 25, Issue 3, eff. December 1, 2008, Virginia Register Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016. 18 VAC 50 -22- 62. Requirements for a residential building energy analyst firm. An applicant for a residential building energy analyst firm license must meet the requirements A. of this section. B. The firm shall name a qualified individual who meets all of the following requirements: Is at least 18 years old ; 1. 2. Holds a current residenti al building energy analyst license issued by the board; and -time employee of the firm as defined in this chapter or is a member of the 3. Is a full responsible management of the firm. The applicant shall provide documentation, acceptable to the board, that the firm currently C. general liability insurance from a company authorized to carries a minimum of $500,000 of provide such insurance in the Commonwealth of Virginia. The firm, the qualified individual, and all members of the responsible management of the firm D. shall disclose , at the time of application (i) any current or previous energy analyst or home or in a ny other jurisdictions and (ii) any disciplinary actions inspection licenses held in Virginia taken on these licenses. This includes, but is not limited to, any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a licen se in Virginia or in any other jurisdiction. E. The firm shall provide information for the past five years prior to application on any outstanding, past -due debts, judgments, outstanding tax obligations, defaults on bonds, or pending or past bankruptcies. The firm, its qualified individual, and all members of the responsible management of the firm shall submit information on any past -due debts and judgments or defaults on bonds directly related to the practice of residential building energy analysis, as defined in § 54.1 -1144 of the Code of Virginia. 20

26 F. In accordance with § 54.1- 204 of the Code of Virginia, each applicant shall disclose the following information about the firm, all members of responsible management, and the qualified individual for the firm: 1. All misdemeanor convictions within three years of the date of application; and 2. All felony convictions during their lifetime. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1- 204 of the Code of Virginia. Historical Notes: Derived fr om Virgin ia Register Volume 32, Issue 3, eff. January 1, 2016. 18 VAC 50 -22- 65. Temporary licenses. A. A firm applying for a temporary license must meet all of the requirements of § 54.1- 201.1 of submission of a completed application for the Code of Virginia, including the simultaneous licensure, and the provisions of this section. A firm must hold a comparable license or certificate in another state and provide verification B. in a format acceptable to the board. of current licensure or certification from the other state The license or certificate, as applicable, must be in good standing and have comparable qualifications to the Virginia license applied for by the firm. ard: C. The following provisions apply to a temporary license issued by the bo A temporary license shall not be renewed. 1. 2. A firm shall not be issued more than one temporary license. The issuance of the license shall void the temporary license. 3. 4. If the board denies the approval of the application for a license, the temporary license shall be automatically suspended. D. Any firm continuing to practice as a contractor after a temporary license has expired and who has not obtained a comparable license or certificate may be prosecuted and fined by the Commonwealth under § 54.1- 111 A 1 of the Code of Virginia. 21

27 Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014. -22- 66. Board’s disciplinary 18 VAC 50 authority over temporary license holders. A. A temporary licensee shall be subject to all laws and regulations of the boar d and shall remain under and be subject to the disciplinary authority of the board during the period of temporary licensure. B. The lice nse shall be subject to disciplinary action for any violations of Virginia statutes or regulations during the period of temporary licensure . Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014. 70. 18 VAC 50 -22- . Qualifications for licensure by reciprocity or substantial equivalency Firms originally licensed in a state with which the board has a reciprocal agreement or whose eligibility criteria may obtain a Virginia contractor's license in accordance with the terms of that are substantially equivalent agreement. Historical Notes: Derived from VR220-01-2:1 §2.4, eff. March 31, 1995, Virginia Register Volume 29, Issue 3, eff. December 1, 2012 18 VAC 50 -22- 80. Examinations. All examinations required for licensure shall be approved by the board and provided by the board or a testing service acting on behalf of the board, or another governmental agency or organization. The examination fee shall consist of the administration expenses of the Department of Professi onal and Occupational Regulation ensuing from the board's examination procedures and contract charges. Exam service contracts shall be established through competitive negotiation in compliance with the Virginia Public Procurement Act (§ 11- 35 et seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 per element to the candidate. Historical Notes: Derived from VR220- 01- 2:1 §2.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 22

28 18 VAC 50 -22- 90. Past due recovery fund assessments. No license shall be issued to an applicant whose previous license or was suspended for registration nonpayment of a Virginia Contractor Transaction Recovery Fund assessment until all past -due assessments have been paid. Historical Notes: Derived from VR220- 2:1 §2.6, eff. March 31, 1995. 01- 18 VAC 50 -22- 100. Fees. Each check or money order shall be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the Department: Fee Type When Due Amount Due Class C Initial Lice with license application $210 nse Class B Initial License with license application $345 Class A Initial License with license application $360 Temporary License initial license $50 with license application and applicable fee with license application Residential Building Energy $210 Analyst Firm License Qualified Individual Exam Fee with exam application $20 with exam application ($20 per section) Class B Exam Fee $40 Class A Exam Fee $60 with exam application ($20 per section) Note: A $25 Recovery Fund assessment is also required with each initial license application, except for the residential building energy analyst firm license. If the applicant does not meet all requirements and does not become licensed, this assessment will be refunded. The examination fees approved by the board but administered by another governmental agency or organization shall be determined by that agency or organization. Historical Notes: Derived from VR220-01-2:1 §2.7, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1, Issue 6, eff. January 1, 2003, Volume 21, Issue 20, eff. August 1, 2005. Volume 26, 2001; Volume 19, 23

29 Issue 11, eff. April 1, 2010; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016. 24

30 PART III. FEES, RENEWAL AND REINSTATEMENT REQUIREMENTS -22- 18 VAC 50 110. Renewal required. Licenses issued under this chapter shall expire two years from the last day of the month in which they were issued, as indicated on the license. Historical Notes: Derived from VR220-01-2:1 §3.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 18 VAC 50 -22- 120. Procedures for renewal. The Department of Professional and Occupational Regulation will mail a notice of renewal to the licensee at the last known address of record. Failure to receive this notice shall not relieve the licensee of the obligation to renew. If the licensee does not receive the notice of renewal, a copy of the license may be substituted with the required fee. Historical Notes: Derived from VR220- 2:1 §3.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. 01- September 1, 2001. -22- 130. Qualifications for renewal. 18 VAC 50 A. The license holder's completed renewal form and appropriate fees must be received within 30 days of the license expiration date in order to renew the license. Applications and fees received after the 30- day period will be processed in accordance with Part IV (18 VAC 50- 22- 160 et seq.) of this chapter. B. Applicants for renewal of a Class C license shall continue to meet all of the qualifications for licensure set forth in 18 VAC 50 -22-40. Applicants for renewal of a Class B license shall continue to meet all of the qualifications for licensure set forth in 18 VAC 50- 22-50. Applicants for renewal of a Class A license shall continue to meet all of the qualifications for licensure set forth in 18 VAC 50 -22-60. C. Applicants for renewal of a residential building energy analyst firm license shall continue to meet all of the qualifications for licensure set forth in 18 VAC 50- 22-62 and shall submit proof of insurance as required in 18 VAC 50 -22- 62 C. 25

31 Historical Notes: Derived from VR220-01-2:1 §3.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016. -22- 140. Renewal fees. 18 VAC 50 Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, t he applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department: When Due Amount Due Fee Type Class C r enewal with renewal application $ 195 Class B r enewal with renewal application $ 225 Class A r enewal with renewal application $ 240 Residential Building Energy Analyst Firm with renewal application $195 Renewal The date on which the renewal fee is received by the Department of Professional and Occupational Reg ulation or its agent shall determine whether the licensee is eligible for renewal or must apply for reinstatement. For renewal fees received on or before August 31, 2019 , the fees shall be $100 for a Class C renewal, for a Class A renewal. $125 for a Class B renewal, and $150 Historical Notes: Derived from VR220-01-2:1 §3.4, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005. Volume 26, Issue 1 1, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015 ; Volume 32 , Issue 3, eff. January 1, 2016; Volume 33, Issue 19, eff. July 1, 2017 18 VAC 50 -22- 150. Board discretion to deny renewal. A. The board may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal any such action by the board under the Administrativ e Process Act (§ 9 -6.14:1 et seq. of the Code of Virginia). B. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order may result in delaying or withholding services provided by 26

32 the department such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration. Historical Notes: Derived from VR220-01-2:1 §3.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 27

33 PART IV. REINSTATEMENT -22- 160. Reinstatement required. 18 VAC 50 Should the Department of Professional and Occupational Regulation fail to receive a license holder's renewal form and appropriate fees within 30 days of the license expiration date, the licensee shall be required to reinstate the license. Applicants for reinstatement of a Class C license shall meet the requirements of 18 VAC 50- 22-130. Applicants for reinstatement of a Class B license shall continue t o meet the qualifications for licensure set forth in 18 VAC 50 -22-50. Applicants for reinstatement of a Class A license shall continue to meet all the qualifications for licensure set forth in 18 VAC 50- 22-60. Applicants for reinstatement of a residential building energy analyst firm license shall continue to meet all of the qualifications for licensure set forth in 18 VAC 50 -22-62. Historical Notes: Derived from VR220-01-2:1 §4.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, . September 1, 2001. Emergency Regulations eff. July 1, 2013, and until replaced by final regulations eff as provided in the third enactment of Chapter 865 of the 2011 Acts of Assembly. 18 VAC 50 -22- 170. Reinstatement fees. Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the Department: Fee type When Due Amount Due Class C r einstatement with reinstatement application $ 405* einstatement with reinstatement application Class B r $ 460* Class A r with reinstatement application $ 490* einstatement Reside ntial building energy a nalysts firm $405* with reinstatement applica tion reinstatement * Includes renewal fee listed in 18 VAC 50- 22-140. The date on which the reinstatement fee is received by the Department of Professional and Occupational Regulation or its agent shall determine whether the licensee is eligible for reinstatement or must apply for a new license and meet the entry requirements in place at the time of that application. In order to ensure that licensees are qualified to practice as contractors, no reinstat ement will be permitted once two year s from the expiration date of the license has passed. 28

34 9, the fees shall be $200 for Class C For reinstatement fees received on or before August 31, 201 reinstatement, $250 for Class B reinstatement, and $300 for Class A reinstatement. These fees include the renewal fee listed in 18VAC50- 22- 140. Historical Notes: Derived from VR220-01-2:1 §4.2, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26 , Issue 11, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Volume 33, Issue 19, eff. July 1, 2017. 18 VAC 50 -22- 180. Status of licensee during the period prior to reinstatement. A. When a license is reinstated, the licensee shall continue to have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license. B. A contractor who reinstates his license shall be regarded as having been continuously licensed without interruption. Therefore: 1. The contractor shall remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period. 2. A consumer who contracts with a contractor during the period between the expiration of the license and the reinstatement of the license shall not be prohibited from making a claim on the Virginia Contractor Transaction Recovery Fund. A contractor who fails to reinstate his license shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a contractor for a violation of the law or regulations during the period of time for which the contractor was licensed. A residential building energy analyst firm who reinstates its license shall be regarded as C. having been continuously licensed without interruption and shall remain under the disciplinary authority of the board during this entire period and may be held accountable for its activities during this period. Historical Notes: Derived from VR220-01-2:1 §4.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016. 29

35 -22- 190. Board discretion to deny reinstatement. 18 VAC 50 A. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal any such action by the board under the Administrative Process Act (§ 9- 6.14:1 et seq. of the Code of Virginia). Failure to timely pay any monetary penalty, reimbursement of cost or other fee assessed B. by con sent order or final order shall result in delaying or withholding services provided by the department such as, but not limited to, renewal, reinstatement, processing of a new application, or exam administration. Historical Notes: Derived from VR220-01-2:1 §4.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 30

36 PART V. ST ANDARDS OF PRACTICE AND CONDUCT 18 VAC 50 200. Remedial education, revocation or suspension; fines. -22- The board may require remedial education, revoke or suspend a license or fine a licensee when a licensee has been found to have violated or cooperated with others in violating any provision of Chapter 11 (§ 54.1- 1100 et seq.) of Title 54.1 of the Code of Virgi nia, or any regulation of the board. Historical Notes: Derived from VR220-01-2:1 §5.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 18 VAC 50- 22- 210. Change of business entity requires a new license. Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the for a board within 30 days of the change. Additionally, the firm shall apply new license, on a form provided by the board, within 30 days of the change in the business entity. Such changes include but are not limited to: Death of a sole proprietor; 1. Death or withdrawal of a general partner in a general partnership or the managing 2. partner in a limited partnership; and 3. Conversion, formation, or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia. Historical Notes: Derived from VR220-01-2:1 §5.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001, Virginia Register Volume 29, Issue 3, eff. December 1, 2012. 31

37 22- 18 VAC 50- 220. Change of responsible management, designated employee, or qualified individual. A. Any change in the officers of a corporation, managers of a limited liability company, or officers reported to the board in writing within 90 days of the or directors of an association shall be change. B. Any change of designated employee shall be reported on a form provided by the board within 90 days of the change. The new designated employee for a Class B licensee shall meet the requirem ents of 18 VAC 50- 22- 50 B. The new designated employee for a Class A licensee shall meet the requirements of 18 VAC 50- 22-60 B. C. Any change of qualified individual shall be reported on a form provided by the board within 45 days of the change. The new qualified individual for a Class C licensee shall meet the requirements of 18 VAC 50 -22- 40 B. The new qualified individual for a Class B licensee shall meet the requirements of 18 VAC 50- 22-50 C. The new qualified individual for a Class A licensee shall meet the requirements of 18 VAC 50 -22- 60 C. Historical Notes: Derived from VR220-01-2:1 §5.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 18 VAC 50- 22- 230. Change of name or address. A. A licensee must operate under the name in which the license is issued. Any name change shall be reported in writing to the board within 30 days of the change. The board shall not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of name. B. Any change of the address of record or principal place of business shall be reported in writing to the board within 30 days of the change. The board shall not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of address. Historical Notes: Derived from VR220-01-2:1 §5.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001, Virginia Register Volume 29, Issue 3, eff. December 1, 2012. 32

38 22- 18 VAC 50- 240. Deletion or addition of a classification or specialty. A. A licensee wishing to delete a classification or specialty from its license shall notify the board in writing. If a licensee has only one classification or specialty, deletion of that classification or specialty will result in termination of the license. B. A licensee wishing to add a classification or specialty to its license shall complete a form provided by the board. A Class C licensee seeking an additional classification or specialty shall meet the requirements of 18 VAC 50- 22-40 B f or the new classification or specialty. A Class B licensee seeking an additional classification or specialty shall meet the requirements of 18 VAC 50- 22- 50 C for the new classification or specialty. A Class A licensee seeking an additional classification or specialty shall meet the requirements of 18 VAC 50 -22- 60 C for the new classification or specialty. Historical Notes: Derived from VR220-01-2:1 §5.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001. 18 VAC 50- 22- 250. Fees. Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statue or regulation is not ho nored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the Department: Fee Type When Due Amount Due Change of with change form $110 Designated Employee Change of Qualified Individual with change form $110 Addition of Classification or Specialty with addition application $110 Historical Notes: Derived from VR220-01-2:1 §5.6, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010. 33

39 22- 260. Filing 18 VAC 50- of charges; prohibited acts. A. All complaints against contractors and residential building energy analyst firms may be filed with the Department of Professional and Occupational Regulation at any time during business hours, -1114 of the C pursuant to § 54.1 ode of Virginia. The following acts are prohibited acts: B. 1. Failure in any material way to comply with provisions of Chapter 1 (§ 54.1- 100 et seq.) or Chapter 11 (§ 54.1 -1100 et seq.) of Title 54.1 of the Code of Virginia or the board. regulations of the 2. Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license. 3. Failure of the responsible management, designated employee, or qualified individual to report to the board, in writing, the suspension or revocation of a contractor license by another state or conviction in a court of competent jurisdiction of a building code violation. that 4. Publishing or causing to be published any advertisement relating to contr acting contains an assertion, representation, or statement of fact that is false, deceptive, or misleading. 5. Negligence or incompetence in the practice of contracting or residential building energy analyses. 6. Misconduct in the practice of co ntracting or residential building energy analyses . 7. A finding of improper or dishonest conduct in the practice of contracting by a court of competent jurisdiction or by the board. 8. Failure of all those who engage in residential contracting, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to make use of a legible written contract clearly specifying the terms and con ditions of the work to be performed. For the purposes of this chapter, residential contracting means construction, removal, repair, or improvements to single- family or multiple -family residential buildings, including accessory -use structures as defined in § 54.1- 1100 of the Code of Virginia. Prior to commencement of work or acceptance of payments, the contract shall be signed by both the consumer and the licensee or his agent. 34

40 Failure of those engaged in residential contracting as defined in this chapter to 9. comply with the terms of a written contract that contains the following minimum requirements: a. When work is to begin and the estimated completion date; b. A statement of the total cost of the contract and the amounts and schedule for progress payments including a specific statement on the amount of the down payment; c. A listing of specified materials and work to be performed, which is specifically requested by the consumer; d. language" exculpatory clause concerning events beyond the control A "plain- of the contractor and a statement explaining that delays caused by such events do not constitute abandonment and are not included in calculating time frames for payment or performance; e. A statement of assurance that the contr actor will comply with all local requirements for building permits, inspections, and zoning; f. Disclosure of the cancellation rights of the parties; g. For contracts resulting from a door -to-door solicitation, a signed er that he has been provided with and read acknowledgment by the consum the Department of Professional and Occupational Regulation statement of protection available to him through the Board for Contractors; h. Contractor's name, address, license number, class of license, and classifications or specialty services; and i. A st atement providing that any modification to the contract, which changes the cost, materials, work to be performed, or estimated completion date, iting and signed by all parties; and must be in wr j. Eff ective with all new contracts entered into after July 1, 2015, a statement notifying consumers of the existence of the Virginia Contractor Transaction Recovery Fund that includes information on how to contact the board for claim information. 10. Failure to make prompt delivery to the consumer before commencement of work of a fully executed copy of the contract as described in subdivisions 8 and 9 of this subsection for construction or contracting work. 35

41 11. Failure of the contractor to maintain for a period of five years from the date of contract a complete and legible copy of all documents relating to that contract, including the contract and any addenda or change orders. 12. Refusing or failing, upon request, to produce to the board, or any of its agents, any document, book, record, or copy of it in the licensee's possession concerning a transaction covered by this chapter or for which the licensee is required to maintain records. 13. Failing to respond to an agent of the board or providing false, misleading or incomplete information to an investigator seeking information in the investigation of a complaint filed with the board against the contractor. Failing or refusing to claim itute a violation of this certified mail sent to the licensee’s address of record shall const regulation. 14. Abandonment defined as the unjustified cessation of work under the contract for a period of 30 days or more . 15. The intentional and unjustified failure to complete work contracted for or to comply with the terms in the contract. 16. The retention or misapplication of funds paid, for which work is either not performed or performed only in part. 17. Making any misrepresentation or making a false promise that might influence, persuade, or induce. 18. Assisting another to violate any provision of Chapter 1 (§ 54.1- 100 et seq.) or Chapter 11 (§ 54.1- 1100 et seq.) of Title 54.1 of the Code of Virginia, or this chapter; or combining or conspiring with or acting as agent, partner, or associate for another. 19. Allowing a firm's license to be used by another. 20. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business. 21. Action by the f irm, responsible management as defined in this chapter, designated employee or qualified individual to offer, give, or promise anything of value or benefit to any 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, regulation, or ordinance governing the construction industry. 22. Where the firm, responsible management as defined in this chapter, designated employee or qualified individual has been convicted or found guilty, after initial licensure, regardless of adjudication, in any jurisdiction, of any felony or of any 36

42 , there being no appeal pending therefrom or the time of appeal having misdemeanor elapsed. Any plea of guilty or nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. 23. Failure to inform the board in writing, within 30 days, that the firm, a member of responsible management as defined in this chapter, its designated employee, or its has pleaded guilty or nolo contendere or was convicted and found qualified individual guilty of any felony or of a Class 1 misdemeanor or any misdemeanor conviction for activities carried out while engaged in the practice of contracting. 24. Having been disciplined by any county, city, town, or any state or federal governing body including action by the Virginia Department of Health, which action shall be reviewed by the board before it takes any disciplinary action of its own. 25. Failure to abate a violation of the Virginia Uniform Statewide Building Code, as amended. 26. Failure of a contractor to comply with the notification requirements of the Virginia Underground Utility Prevention Act, Chapter 10.3 (§ 56- 265.14 et seq.) of Damage Title 56 of the Code of Virginia (Miss Utility). 27. Practicing in a classification, specialty service, or class of license for which the contractor is not licensed. 28. Failure to satisfy any judgments. 29. Contracting with an unlicensed or improperly licensed contractor or subcontractor in the delivery of contracting services. 30. Failure to honor the terms and conditions of a warranty. 31. Failure to obtain written change orders, which are signed by both the consumer and the licensee or his agent, to an already existi ng contract. Failure to ensure that supervision, as defined in this chapter, is provided to all 32. h elpers and laborers assisting licensed tradesman. 33. Failure to obtain a building permit or applicable inspection, where required. 34. Failure of a residential building energy analyst firm to ensure that residential building energy analyses conducted by the firm are consistent with the requirements set forth by the board, the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the “Energy Star” Program. 37

43 35. Failure of a residential building energy analyst firm to maintain the liability insurance required in 18 VAC 50- 22-65 C at any time while licensed by the board. alty to ensure that 36. Failure of a contractor holding the drug lab remediation speci remediation work conducted by the firm or properly licensed subcontractors is consistent with the guidelines set forth by the U.S. Environmental Protection Agency, Virginia Department of Environmental Quality, Virginia Department of Health, or Virginia Department of Forensic Science. Historical Notes: Derived from VR220-01-2:1 §5.7, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006, Volume 29, Issue 3, eff. December 1, 2012; amended, Volume 31, Issue 3, eff. December 1, 2014; Volume 32, Issue 3, eff. January 1, 2016. 38

44 PART VI. PRELICENSE EDUCATION 22- 300. Prelicense education courses. 18 VAC 50- All courses offered by prelicense education providers must be approved by the board prior to the initial offering of the course, and shall cover business principles related to the standards of conduct found in 18VAC50- 22- 260 B and other applicable requirements of continued licensure set forth in this chapter. Courses must be eight hours in length. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course. Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008. 18 VAC 50- 22- 310. Requirements for prelicense education providers. A. Each provider of a prelicense education course shall submit an application for course approval on a form provided by the board. The application shall include but is not limited to: The name of the provider; 1. 2. Provider contact person, address and telephone number; Course contact hours; 3. Schedule of courses, if established, including dates, time and locations; 4. 5. applicable, and a list of Instructor information, including name, license number(s) if other appropriate trade designations; 6. Course and material fees; and 7. Course syllabus. B. All providers must establish and maintain a record for each student. The record shall include: the student's name and address; social security number or DMV control number; the course name and clock hours attended; the course syllabus or outline; the name or names of the instructor; the date of successful completion; and the board' s course code. Records shall be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain class records for a minimum of five years. 39

45 Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008. -22- 320. Reporting of course completion. 18VAC50 All prelicense education providers shall electronically transmit course completion data to the board in an approved format within seven days of the completion of each individual cour se. The transmittal will include each student's name, social security number or DMV control number, the date of successful completion of the course and the board's course code. Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008 18 VAC 50- 22- 330. Posting prelicense education course certificates of approval. Copies of prelicense education course certificates of approval must be available at the location a course is taught. Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008. 18 VAC 50- 340. Reporting of changes. 22- Any change in the information provided in 18VAC50- 22-310 A must be reported to the board within 30 days of the change with the exception of changes in the schedule of courses, which must be reported within 10 days of the change. Failure to report the changes as required may result in the withdrawal of approval of a prelicense education provider by the board. Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008. 40

46 18 VAC 50- 22- 350. Denial or withdrawal of approval. The board may deny or withdraw approval of any prelicense education provider for the following reasons: 1. The courses being offered no longer meet the standards established by the board. 2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way. 3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, student records or fails to produce records required by the Board for Contractors Tradesman Regulations. Historical Notes: Virginia Register, Volume 25, Issue 3, eff. December 1, 2008. 41

47 RBC- 9.1(12/01/2014) DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION STATEMENT OF CONSUMER PROTECTIONS THIS CONSUMER INFORMATION SHEET IS PROVIDED THROUGH THE BOARD FOR CONTRACTORS AND MAY BE REPRODUCED BUT NOT ALTERED If you are about to engage the services of a contractor in the Commonwealth of Virginia, you should be aware of the state's program for the regulation of this occu pation by licensing or certifying these businesses. Any contractor who undertakes a project the total value of which is $120,000 or more is required to have a valid Class A license issued by the Board for Contractors. Any contractor who undertakes a project the total value of which is over $10,000 but less than $120,000 must have a valid Class B license. A licensed contractor has met standards established by the Board for Contractors to ensure that the licensee possesses the character, knowledge, and skills necessary to practice without harm to the public. Any contractor who undertakes a project the total value of which is more than $1,000 but no more than $10,000 is required to have a valid Class C license. Class C licensure requires that the contractor submit information to the Board for Contractors concerning the location, nature, and operation of the business, as well as evidence of experience and information on the applicant's credit history. Before signing any contract, you should ask to see the license or the pocket card issued with the license numb er and check to be sure that it has not expired and that the contractor is working within the limits of his licensure. The authority of the Board for Contractors to discipline the licensed contractors is limited to specific violations of the la w and/or regulations of the board, such as written citations from the local Building Inspectors for violations of the Virginia Uniform Statewide Building Code or practices which constitute abandonment, gross negligence, continued incompetence, or misconduct in the practice of the profession. In such cases disciplinary action by the board is limited to fines and/or remedial education, revocation or suspension of the contractor's license and placing the licensee on probation. Such action can only be taken after a heari ng or with the consent of the license holder and his agreement to waive his right to a hearing. The board does not have the authority to order a license holder to make restitution to you for losses you may have incurred due to the contractor's poor performance; efforts to recover such funds must be made through the civil courts. If you are planning to take such action against the contractor, you should contact the Board for Contractors Adjudication Section at (804) 367 -1559 in order to r eceive information about the Virginia Contractors Transaction Recovery Fund and the procedures for applying to recover from the fund if you are unable to collect after judgment is awarded in court. 42

48 resolved by negotiation between you and your contractor or Issues involving cosmetic defects in workmanship must be You should be careful in reviewing the contract before civil action to enforce the terms of your contract if necessary. signing it in order to be sure that the terms of the agreement are clear an d acceptable to you. You should know that, the Board for Contractors recommends that the initial down payment be no more than 10% or $1,000, whichever is n 30% of the total less, unless the job requires custom made items, where the initial down payment should be no more tha -contractors, you may hold the value of the contract and that, if you are dissatisfied with the work performed by the sub general contractor responsible. Finally, remember that, in accordance with the Virginia Home Solicitation Sales Act (Code of Virginia, Section 59.1 -21.1 et seq.), you have a three -day right to cancel a contract which you have negotiated in your home. (For more precise information about the application of this law, see the Code of Virginia or seek legal advice.) d you have reason to believe that your contractor may not have complied with the rules and regulations of the Shoul Board for Contractors, you should notify the Department of Professional and Occupational Regulation by calling (804) 367 -8504 or write to the foll owing address: Department of Professional and Occupational Regulation Compliance and Investigations Division The Perimeter Center Suite 400 9960 Mayland Drive Richmond, Virginia 23233 The aforementioned information is not intended to be an exhaustive list of the remedies available to you through your local government or other agencies. If you need additional assistance, call the Office of the Attorney General, Consumer Protection Section at (800) 552- 9963 or (804) 786 -2042, or write to the following address: Office of the Attorney General of Virginia Consumer Protection Section 900 East Main Street Richmond, Virginia 23219 43

49 PRE - SORT STANDARD U.S. POSTAGE PAID 9960 Mayland Drive, Suite 400 Richmond, VA 23233 NOTICE PLEASE REFER TO FIRST PAGE OF BOOKLET FOR NOTES ON IMPORTANT CHANGES.

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