Petitioner requests the Board for Contractors ("the Board”) to amend 18VAC50-22-260 of the Board for Contractors Regulations (18VAC50-22), or another section of the regulation. Section 18VAC50-22-260 provides for the Board’s prohibited acts, and includes provisions for minimum contract requirements for those engaged in residential contracting.

Petitioner requests the Board to consider a rule requiring licensed residential contractors to provide a written disclosure, prior to the beginning of work, stating:

1. Whether the contractor believes a permit is required for the proposed work.
2. Who will be responsible for obtaining any required permit.
3. Whether permit and inspection costs are included in the contract price.
4. A brief notice that failure to obtain required permits may affect inspections, code compliance, insurance coverage, resale disclosures, or liability.

Petitioner indicates the purpose of this proposed rule is to address uncertainty regarding permit responsibility including by homeowners, contractors, and others involved in residential project coordination. Petitioner indicates there have been repeated situations encountered over time across different residential projects and jurisdictions in Virginia involving misunderstandings about permit responsibility. Petitioner’s understanding based on conversations with building inspectors and building permit office staff in multiple jurisdictions is that misunderstandings about permit responsibility can become complicated and stressful.

Petitioner contends that the current rules may unintentionally place contractors who discuss permit requirements at a competitive disadvantage. One contractor may explain that a permit is required and includes permit costs in a proposal, while another minimizes the issue or assumes permits will not be obtained. A simple disclosure could help "level the playing field” by ensuring that permit responsibility is addressed at the contract stage for all licensed contractors. Petitioner also contends that misunderstandings about permit responsibility can create unnecessary stress for multiple parties when they occur. Homeowners may discover permit issues only after work is completed, contractors may face disputes or complaints about work that was assumed to be routine, and building permit office staff and building inspectors are often placed in the difficult position of explaining requirements after the fact. Petitioner further contends, that while these situations may not arise in most projects, they can be particularly complicated and stressful for those involved when they do occur. A brief written disclosure at the beginning of a project could help prevent many of these misunderstandings.

Petitioner indicates that the request does not request the Board to determine when permits are required. Petitioner provides some suggested language for a disclosure provision.

A copy of the petition is available from the agency.

The petition for rulemaking will be published in the Virginia Register of Regulations on May 4, 2026 (Volume 42, Issue 19). The petition will also be published on the Virginia Regulatory Town Hall (www.townhall.virginia.gov). Public comment on the petition will be received from May 4, 2026, to May 25, 2026. Upon conclusion of the public comment period, the Board will consider all public comments received on the petition and make a decision to either grant or deny the petitioner’s request at the Board’s next available meeting, which is expected to be June 23, 2026. The petitioner will be notified in writing of the Board’s decision.