Virginia Contractor Virginia Portion (Rules and Regulations)

Virginia Contractor — Virginia Portion (Rules and Regulations)

Key Concepts

License classes (statutory thresholds — § 54.1-1100). A license has two parts: the class (limits contract/project size) and the classification or specialty (limits type of work) — NASCLA Chapter 3. Class A: single contract or project $120,000 or more, or all work in any 12-month period $750,000 or more. Class B: single contract $10,000 or more but less than $120,000, or 12-month total $150,000 or more but less than $750,000. Class C: single contract over $1,000 but less than $10,000, or 12-month total less than $150,000. Either prong triggers the higher class.

Master tradesman. For Class C electrical, plumbing, and HVAC contractors, "the Board shall require a master tradesmen license as a condition of licensure" (§ 54.1-1100, Class C definition).

Classifications by class. Class A (§ 54.1-1106(F)): building contractor, highway/heavy, electrical, plumbing, HVAC, specialty. Class B (§ 54.1-1108(F)) adds fire sprinkler contractor and splits building into residential and commercial. Class C (§ 54.1-1108.2(B)) has eight classifications: residential building, commercial building, highway/heavy, electrical, plumbing, HVAC, fire sprinkler, specialty. "Landscaping contractor" is not a classification; landscape irrigation is a specialty designation with special rules.

Landscape irrigation / water wells (§ 54.1-1103(C)). Licensure is required regardless of the contract amount; the class (A, B, or C) is then set by the value thresholds (§ 54.1-1103(C)(2)).

Key Concepts

License classes — entry requirements - Net worth: A firm applying for a Class A license shall state a net worth or equity of $45,000 or more, excluding any property owned as tenants by the entirety (18VAC50-22-60(D)); $15,000 applies to Class B. "Net worth" means assets minus liabilities, and assets shall not include property owned as tenants by the entirety (18VAC50-22-10). - Qualified individual experience: Class A — five years (18VAC50-22-60(C)(2)); Class B — three years (18VAC50-22-50(C)(2)); Class C — two years (18VAC50-22-40(B)(2)), each in the classification or specialty being qualified. - Basic business course: Class A — the designated employee or a member of responsible management (18VAC50-22-60(H)); Class B — same (18VAC50-22-50(H)); Class C — a member of responsible management (18VAC50-22-40(F)). Class C has no designated employee requirement, only a qualified individual. - Trade credential: For PLB, and likewise HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider and Liquefied Petroleum Gas, the qualified individual must hold a master license obtained under the Individual Licensing and Certification Regulations (18VAC50-22-50(C)(4)(b)).

Classifications and specialty scope - CBC (18VAC50-22-20) covers commercial, institutional, governmental, and accessory use buildings or structures, including multifamily housing, and includes roofing, masonry, concrete, painting and wallcovering, commercial improvement, and similar listed specialties. CBC does not provide electrical, plumbing, HVAC or gas fitting services and does not allow construction, repair, or improvement of dwellings and townhouses as defined in the USBC. A CBC may act as prime contractor and subcontract work its license does not permit. - HIC (18VAC50-22-30, HIC definition) provides for repairs or improvements to dwellings and townhouses or structures annexed to them; it does not include new construction beyond the existing building structure except…

Key Concepts

Exempt persons must still follow the USBC. Any person exempt under subdivision 7, 8, 9, 10, 11, 12, or 14 of subsection A of § 54.1-1101 "shall comply with the provisions of the Uniform Statewide Building Code (§ 36-97 et seq.)." Subdivision A 10 covers a person who repairs or improves residential dwelling units owned by him that are subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) (Appendix E: § 54.1-1101).

Certificate of occupancy before conveyance. A person exempt under subdivision A 7, 10, 11, or 12 must obtain a certificate of occupancy for any building constructed, repaired, or improved by him prior to conveying the property to a third-party purchaser, unless the purchaser has acknowledged in writing that no certificate of occupancy has been issued and consents to acquire without one. Violation is a Class 1 misdemeanor; the third or any subsequent conviction during a 36-month period is a Class 6 felony (§ 54.1-1101).

Permit prerequisites. Under § 54.1-1111 and USBC Section 108.4, the applicant must furnish, before permit issuance, either (i) satisfactory proof of licensure/certification under Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, or (ii) a written statement that the person is not subject to licensure or certification as a contractor or subcontractor under that chapter. The applicant must also furnish satisfactory proof that taxes or license fees required by any county, city, or town have been paid. A building official or other authority who violates § 54.1-1111 is guilty of a Class 3 misdemeanor.

Key Concepts

Purpose and administration. The Contractor Transaction Recovery Fund provides monetary assistance to homeowners who suffer a reimbursable loss from the dishonest or improper conduct of a licensed general contractor; it is administered by the Virginia Board for Contractors (Ch. 3, "Contractor Transaction Recovery Fund," p. 3-8). Residential contracts must contain a statement notifying consumers that the Fund exists, including how to contact the Board for claim information (Ch. 3, "Written Contract Requirements," p. 3-6). Repayment of recovery fund claims is one possible result of disciplinary action (Ch. 3, "Disciplinary Action," p. 3-6).

Definitions (§ 54.1-1118). "Improper or dishonest conduct" includes only the wrongful taking or conversion of money, property, or other things of value involving fraud, material misrepresentation, conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code. It does not include mere breach of contract. "Biennium" means a two-year period beginning July 1 of an even-numbered year and continuing through June 30 of the next even-numbered year (App. E, p. E-12). "Regulant" does not include contractors holding only the commercial building contractor classification or individuals licensed or certified in accordance with Article 3 or Article 4.

Key Concepts

VESCP establishment and administration (§ 62.1-44.15:54, Page K-1) - Any locality that has chosen not to establish a VESMP under subdivision B 3 of § 62.1-44.15:27 shall administer a VESCP under this article; a town may enter an agreement with a county to administer the town's VESCP under subsection C of § 62.1-44.15:27. - A VESCP authority may enter into agreements or contracts with soil and water conservation districts, adjacent localities, or other public or private entities to assist with plan review and adequacy determinations, monitoring, reports, inspections, and enforcement. - A VESCP adopted by a county, city, or town shall be approved by the Board if it establishes by ordinance requirements consistent with this article and associated regulations. - Fees: A VESCP authority may charge applicants a reasonable fee to defray program administration costs, and shall hold a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, considering time, skill, and expense involved.

Civil penalties (§ 62.1-44.15:54(G), Page K-1) - Civil penalty for any one violation: not less than $100 nor more than $1,000. - Each day during which the violation is found to have existed constitutes a separate offense. - A series of specified violations arising from the same operative set of facts shall not exceed a total of $10,000; a series of violations arising from commencing land-disturbing activities without an approved plan for any site shall likewise not exceed $10,000. - These penalties are also available to the Board in its enforcement actions.