06 LC 36 0010
House
Bill 1105
By:
Representatives Dodson of the
75th,
Tumlin of the
38th,
Manning of the
32nd,
and Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating
to electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors, so as to provide for the documentation of
full-time engagement in the performance of a contracting business; to provide a
fine and penalties for the unauthorized use of a license number of a conditioned
air contractor; to provide for the issuance of certificates of authorization; to
provide that a contract of an unlicensed contractor is unenforceable; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical
contractors, plumbers, conditioned air contractors, low-voltage contractors, and
utility contractors, is amended by striking subsection (h) of Code Section
43-14-8, relating to licensing required for electrical, plumbing, or conditioned
air contracting, and inserting a new subsection (h) to read as
follows:
∀(h)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of conditioned air contracting unless there is
regularly connected with such partnership, limited liability company, or
corporation a person or persons actually engaged in the performance of such
business on a full-time basis who have valid licenses issued to them as provided
for in this chapter; provided, however, that partners, officers, and employees
of the individual who fulfilled the licensing requirements shall continue to be
authorized to engage in the business of conditioned air contracting under a
license which was valid at the time of the
licenseés
death for a period of 90 days following the date of such death.
The board
shall have the authority to require such documentation as is necessary to
determine whether any person engaged in the business of conditioned air
contracting is in fact engaged in the performance of such business on a
full-time basis.
Such
documentation shall include, but shall not be limited to, tax records, payroll
records, and time
sheets.∀
SECTION
2.
Said
chapter is further amended by striking subsection (e) of Code Section
44-14-12.1, relating to evidence of violation of licensing requirements, and
inserting in lieu thereof new subsections (e) and (f) to read as
follows:
∀(e)
In the event
that any person uses the license number of a licensed conditioned air contractor
in any manner in which he or she is not so authorized, including, but not
limited to, obtaining a construction or building permit or purchasing equipment
or supplies, the board shall be authorized to impose a fine not to exceed
$1,000.00 for each occurrence thereof. Furthermore, the person found guilty of
this violation may be prohibited from obtaining a conditioned air license for a
period of five years from the date of the last violation in the event that he or
she makes application to the board for such license.
(f)
Nothing in this Code section shall be construed to prohibit the board from
seeking remedies otherwise available by statute without first seeking a cease
and desist order in accordance with the provisions of this Code
section.∀
SECTION
3.
Said
chapter is further amended by adding a new Code Section 44-14-15 to read as
follows:
∀44-14-15.
(a)
The performance of or offer to perform conditioned air, electrical, plumbing, or
low-voltage contracting, as defined in this chapter, by individual contractors
licensed under this chapter through a firm, corporation, professional
corporation, partnership, association, or other entity offering contractor
services to the public through individual licensed contractors as agents,
employees, officers, members, or partners is permitted subject to the provisions
of this chapter; provided, however, that one or more of the principals,
officers, members, or partners of said firm, corporation, professional
corporation, partnership, association, or entity who act in its behalf as
contractors in this state shall be licensed as provided in this chapter;
provided, further, that said firm, corporation, professional corporation,
partnership, association, or entity has been issued a certificate of
authorization by the board as provided in this chapter.
(b)
A firm, corporation, professional corporation, partnership, association, or
other entity desiring a certificate of authorization shall file with the board
an application upon a form to be prescribed by the board and accompanied by the
license fee prescribed by the board.
(c)(1)
A corporation or professional corporation shall file with the board, using a
form provided by the board, the names and addresses of all officers and board
members of the corporation, including the principal officer or officers duly
licensed to practice conditioned air, electrical, plumbing, or low-voltage
contracting in this state and of an individual or individuals duly licensed to
practice conditioned air, electrical, plumbing, or low-voltage contracting
within this state who shall be in responsible charge of the practice of
conditioned air, electrical, plumbing, or low-voltage contracting in this state
by such corporation.
(2)
A partnership shall file with the board, using a form provided by the board, the
names and addresses of all partners of the partnership, including any partner or
partners duly licensed to practice conditioned air, electrical, plumbing, or
low-voltage contracting in this state and of an individual or individuals duly
licensed to practice conditioned air, electrical, plumbing, or low-voltage
contracting in this state who shall be in responsible charge of the practice of
conditioned air, electrical, plumbing, or low-voltage contracting in this state
by such partnership.
(3)
Any firm, limited liability company, association, or entity which is not a
corporation, professional corporation, or partnership shall file with the board,
using a form provided by the board, the names and addresses of all principals or
members of the firm, association, or entity duly licensed to practice
conditioned air, electrical, plumbing, or low-voltage contracting in this state
who shall be in responsible charge of the practice of conditioned air,
electrical, plumbing, or low-voltage contracting in this state by such firm,
limited liability company, association, or other entity.
(4)
The forms provided for in paragraphs (1) through (3) of this subsection must
accompany a biennial renewal fee prescribed by the board. In the event there
shall be a change in any of these persons, such change shall be designated on
the same form and filed with the board by the firm, corporation, professional
corporation, partnership, association, or entity within 30 days after the
effective date of the change.
(d)(1)
After all of the requirements of this Code section have been met, the board
shall issue to such firm, corporation, professional corporation, partnership,
association, or other entity a certificate of authorization.
(2)
The board may refuse to issue a certificate of authorization if any facts exist
which would entitle the board to suspend or revoke an existing certificate or if
the board shall determine that any of the officers, directors, principals,
members, agents, or employees of the entity to be licensed are not persons of
good character.
(3)
Every firm, partnership, corporation, or other entity which performs or offers
to perform contractor services shall have a resident licensed conditioned air,
electrical, plumbing, or low-voltage contractor in responsible charge in each
separate branch office in which contracting services are performed or offered to
be performed. A resident licensee means a person licensed under this chapter
who spends the majority of his or her normal working time at his or her place of
business. The registrant can be the resident licensee at only one place of
business at one time.
(e)
As a matter of public policy, any contract entered into for the performance of
work for which a license is required by this chapter and which is between an
owner and a contractor who does not have a valid and current license required
for such work in accordance with this chapter shall be unenforceable in law or
in equity by the unlicensed contractor. For purposes of the subsection, a
contractor shall be considered unlicensed only if the contractor was unlicensed
on the effective date of the original contract for the work, if stated therein,
or, if not stated, the date the last party to the contract executed such
contract, if stated therein. If the contract does not establish such a date,
the contractor shall be considered unlicensed only if the contractor was
unlicensed on the first date upon which the contractor provided labor, services,
or materials under the contract. Notwithstanding any other provision of law to
the contrary, if a contract is rendered unenforceable under this subsection, no
lien or bond claim shall exist in favor of the unlicensed contractor for any
labor, services, or materials provided under the contract or any amendment
thereto. This subsection shall not affect the rights of parties other than the
unlicensed contractor to enforce contract, lien, or bond remedies. This
subsection shall not affect the obligations of a surety that has provided a bond
on behalf of an unlicensed contractor. It shall not be a defense to any claim
on a bond or indemnity agreement that the principal or indemnitor is unlicensed
for purposes of this
subsection.∀
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.