Virginia Regulatory Town Hall

Proposed Text

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Action:
Eligibility Requirement Amendment
Stage: Proposed
7/12/24  8:33 AM
 
18VAC50-22-35 Application procedures

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC50-22-100. Applications must be made on forms provided by the board or its agent, and signed by all parties outlined in 18VAC50-22-40, 18VAC50-22-50, or 18VAC50-22-60.

1. By submitting the application to the Department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. The receipt of an application and the deposit of the fees by the board do not indicate approval of the application by the board.

B. The board may make further inquires and investigations with respect to the applicant's qualifications and information disclosed on the application to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

C. The applicant will be notified of receipt of initial application if the application is incomplete. Applicants who fail to complete the application process within 12 months of receipt of the application in the board's office must submit a new application.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application.

18VAC50-22-40 Requirements for a Class C license

A. A firm applying for a Class C license must meet the requirements of this section.

B. For every classification or specialty in which the firm seeks to be licensed, the firm shall must name a qualified individual who meets the following requirements:

1. Is at least 18 years old;

2. Has a minimum of two years one year of experience in the classification or specialty for which he the individual is the qualifier;

3. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm; and

4. a. Has obtained the appropriate certification for the following specialties: Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61; or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure.

a. For the miscellaneous contracting (MSC) specialty service , the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of the Administrative Process Act ( § 2.2-4019 and § 2.2-402 of the Code of Virginia).

(1) Blast/explosive contracting (Department of Fire Programs explosive use certification);

(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 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 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 Master Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

C. The firm shall must provide information for the past five three 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 and all members of the responsible management of the firm shall must 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.

D. The firm and all members of the responsible management of the firm shall must 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 applicants shall must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

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.

F. A member of responsible management shall have successfully completed must complete a board-approved basic business course.

18VAC50-22-50 Requirements for a Class B license

A. A firm applying for a Class B license must meet the requirements of this section.

B. A The firm shall must 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 responsible management as defined in this chapter;

3. Has passed a board-approved examination as required by § 54.1-1108 of the Code of Virginia or has been exempted from the exam examination 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 examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm shall must name a qualified individual who meets the following requirements:

1. Is at least 18 years old;

2. Has a minimum of three years of experience in the classification or specialty for which he the individual is the qualifier;

3. Is a full-time employee 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: Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61; or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure.

a. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of the Administrative Process Act (§ 2.2-4019 and § 2.2-402 of the Code of Virginia).

(1) Blast/explosive contracting (Department of Fire Programs explosive use certification);

(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 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 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 Master Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

D. Each firm shall must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state must verify a net worth or equity of $15,000 or more by submitting a completed financial statement with supporting documentation, a CPA reviewed financial statement, or a CPA audit.

1. In lieu of this requirement, the firm must obtain a $50,000 surety bond on the board's bond form.

E. Each firm shall must provide information for the five four 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 must 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.

F. The firm, the designated employee, and all members of the responsible management of the firm shall must 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, 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 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 any other jurisdiction.

G. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, designated employee, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

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 must successfully complete a board-approved basic business course.

18VAC50-22-60 Requirements for a Class A license

A. A firm applying for a Class A license shall must meet all of the requirements of this section.

B. A The firm shall must 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 examination 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 day of the exam examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm shall must 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 the individual 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: Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61; or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure.

a. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of the Administrative Process Act (§ 2.2-4019 and § 2.2-402 of the Code of Virginia).

(1) Blast/explosive contracting (DHCD explosive use certification);

(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 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 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 Master Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

D. Each firm shall must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state must verify a net worth or equity of $45,000 by submitting a completed financial statement with supporting documentation, a CPA reviewed financial statement, or a CPA audit.

1. In lieu of this requirement, the firm must obtain a $50,000 surety bond on the board's bond form.

E. The firm shall must 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 must 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.

F. The firm, the designated employee, and all members of the responsible management of the firm shall must 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 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 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, all applicants shall must disclose the following information about the firm, all members of the responsible management, the designated employee, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

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 must successfully complete a board-approved basic business course.

18VAC50-22-61 Qualifications for classifications and specialties

For the following classifications or specialty services, the qualified individual must meet the qualifications specified in this section:

Classification or Specialty Service Prerequisites Board-approved Examination

Accessibility services contracting (ASC)

Accessibility mechanic certification issued by the Board for Contractors

No

Accessibility services contracting - LULA (ASL)

Accessibility mechanic certification with the LULA endorsement issued by the Board for Contractors

No

Alternative energy system contracting (AES)

Years of experience based on class of license; or

Yes


Qualify and obtain the roofing contracting (ROC) specialty service by examination and complete the North American Board of Certified Energy Practitioners (NABCEP) certification, or a board-approved certification

Alternative sewage disposal system contracting (ADS)

Master alternative onsite sewage system installer license issued by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals

No

Asbestos contracting (ASB)

Asbestos supervisor's license issued by the Virginia Board for Asbestos, Lead, and Home Inspectors

No

Blast/explosive contracting (BEC)

Blaster certification issued by the Department of Fire Programs

No

Conventional sewage disposal system contracting (CDS)

Master conventional onsite sewage system installer license issued by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals

No

Drug lab remediation contracting (DLR)

Remediation course approved by the Board for Contractors

No

Electrical contractors (ELE)

Master electrician tradesman license issued by the Board for Contractors

No

Elevator/Escalator contracting (EEC)

Elevator mechanic certification issued by the Board for Contractors

No

Fire sprinkler contracting (SPR)

National Institute for Certification in Engineering Technologies (NICET) - Sprinkler level III or higher certification; or

No

Professional engineer license issued by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects

Gas fitting contracting (GFC)

Master gas fitter license issued by the Board for Contractors

No

HVAC contractors (HVA)

Master HVAC tradesman license issued by the Board for Contractors

No

Lead abatement contracting (LAC)

Lead abatement supervisor license issued by the Virginia Board for Asbestos, Lead, and Home Inspectors

No

Liquefied petroleum gas contracting (LPG)

Master liquefied petroleum gas fitter license issued by the Board for Contractors

No

Manufactured home contracting (MHC)

Manufactured Housing Installer Certification issued by the Department of Housing and Community Development

No

Natural gas fitting provider contracting (NGF)

Master natural gas fitter provider license issued by the Board for Contractors

No

Plumbing contractors (PLB)

Master plumber tradesman license issued by the Board for Contractors

No

Radon mitigation contracting (RMC)*

Certificate issued by National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB)

*Must also qualify and obtain one of the following by examination: commercial building contractors (CBC) classification, commercial improvement contracting (CIC) specialty service, farm improvement contracting (FIC) specialty service, home improvement contracting (HIC) specialty service, or residential building contractors (RBC) classification.

No

Waterwell/pump contracting (WWP)

Master water well systems provider license issued by the Board for Contractors

No

18VAC50-22-62 Requirements for residential building energy analyst firm

A. An applicant for a residential building energy analyst firm license must meet the requirements of this section.

B. The firm shall must name a qualified individual who meets all of the following requirements:

1. Is at least 18 years old;

2. Holds a current individual residential building energy analyst license issued by the board; and

3. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm.

C. The applicant shall must provide documentation, acceptable to the board, that the firm currently carries a minimum of $500,000 of general liability insurance from a company authorized to provide such insurance in the Commonwealth of Virginia.

D. The firm, the qualified individual, and all members of the responsible management of the firm shall must disclose at the time of application (i) any current or previous energy analyst or home inspection licenses held in Virginia or in other jurisdictions and (ii) 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. The firm shall must provide information for the past five years prior to application on any outstanding past-due debts, outstanding 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.

F. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

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.

18VAC50-22-65 Temporary licenses

A. A firm applying for a temporary license must meet all of the requirements of § 54.1-201.1 of the Code of Virginia, including the simultaneous submission of a completed application for licensure, and the provisions of this section.

B. A firm must hold a comparable license or certificate in another state and provide verification of current licensure or certification from the other state in a format acceptable to the board. The license or certificate, as applicable, must be in good standing and have comparable qualifications to the Virginia license applied for by the firm.

C. The following provisions apply to a temporary license issued by the board:

1. A temporary license shall will not be renewed.

2. A firm shall will not be issued more than one temporary license.

3. The issuance of the license shall will void the temporary license.

4. If the board denies approval of the application for a license, the temporary license shall will be automatically suspended.

D. Any firm continuing to practice as a contractor after a temporary license has expired or been suspended 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.

18VAC50-22-66 Board's disciplinary authority over temporary license holders

A. A temporary licensee shall be is subject to all laws and regulations of the board and shall will remain under and be subject to the disciplinary authority of the board during the period of temporary licensure.

B. The license shall will be subject to disciplinary action for any violations of Virginia statutes or regulations during the period of temporary licensure.