Senate Bill 125
By: Senators Walker III of the 20th, Setzler of the 37th, Kennedy of the 18th, Strickland of
the 42nd, Brass of the 6th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 8, 10, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to
buildings and housing, commerce and trade, local government, professions and businesses,
and public utilities and public transportation, respectively, so as to revise provisions relating
to professional licenses; to establish on behalf of professional licensing boards under the
jurisdiction of the office of the Secretary of State a continuing education tracking solution
to monitor compliance of licensees with applicable continuing education requirements; to
provide for definitions; to require compliance with continuing education requirements prior
to the issuance of certain licenses; to provide for the adoption of rules and regulations; to
change certain provisions relating to electrical contractors, plumbers, conditioned air
contractors, low voltage contractors, and utility contractors; to change certain definitions; to
provide for qualifications of the State Construction Industry Licensing Board; to provide for
certain restrictions relating to classes of low voltage licenses; to change certain provisions
related to the power and duties of the divisions and the division director; to provide for
additional licensing requirements; to provide requirements for license renewals and inactive
licenses; to provide for approval of safety training; to change certain provisions relating to
applicability; to decouple the sequential order of experience and examination requirements
for professional engineers; to provide for conforming cross-references and terminology; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended by revising Chapter 14, relating to electrical contractors, plumbers, conditioned
air contractors, low-voltage contractors, and utility contractors, as follows:
"CHAPTER 14
43-14-1.
This chapter is enacted for the purpose of safeguarding homeowners, other property
owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe
electrical, plumbing, <del>low-voltage</del> <ins>low voltage</ins> wiring, utility contracting, or conditioned air
installations. The <del>practice</del> <ins>practices</ins> of electrical contracting, plumbing contracting,
<del>installing, or repairing, low-voltage</del> <ins>low voltage</ins> contracting, utility contracting, and
conditioned air contracting are declared to be businesses or professions affecting the public
interest; and this chapter shall be liberally construed so as to accomplish the purposes
stated in this Code section.
43-14-2.
As used in this chapter, the term:
<del>(.1)(1)</del> 'Alarm system' means any device or combination of devices used to detect a
situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency,
or equipment failure, or on the occurrence of any other predetermined event.
<del>(1)(2)</del> 'Board' means the State Construction Industry Licensing Board.
<del>(2)(3)</del> 'Certificate of competency' means a valid and current certificate <ins>that is</ins> issued by
the Division of Electrical Contractors created in Code Section 43-14-3, <del>which certificate
shall give</del> <ins>and that gives</ins> the named electrical contractor to which it is issued authority to
engage in electrical contracting of the kind described therein. Certificates of competency
shall be of two kinds, Class I and Class II, according to the classification of license held
by the electrical contractor.
<del>(3)(4)</del> 'Conditioned air contracting' means the installation, repair, or service of
conditioned air systems or conditioned air equipment., <ins>which includes, but is not limited
to:
(A)</ins> Service to or installation of the electrical connection between the electrical
disconnect and conditioned air equipment <del>is considered to be installation, repair, or
service of conditioned air equipment or the conditioned air system.;</del> <ins>and
(B)</ins> Service to or installation of the electrical circuit from the electrical distribution
panel to the conditioned air equipment where the electrical service to the building or
site is a single-phase electrical circuit not exceeding 200 amperes <del>is considered to be
installation, repair, or service of conditioned air equipment or the conditioned air
system.
(4)(5)</del> 'Conditioned air contractor' means <del>an individual who is</del> <ins>any person</ins> engaged in
conditioned air contracting under express or implied contract or <del>who</del> <ins>that</ins> bids for, offers
to perform, purports to have the capacity to perform, or does perform conditioned air
contracting services under express or implied contract. <del>The term 'conditioned air
contractor'</del> <ins>Such term</ins> shall not include <del>a person</del> <ins>an individual</ins> who is an employee of a
conditioned air contractor and who receives only a salary or hourly wage for performing
conditioned air contracting work.
<del>(5)(6)</del> 'Conditioned air equipment' means heating and air-conditioning equipment
covered under state codes and the natural gas piping system on the outlet side of the gas
meter.
<del>(6)(7)</del> 'Electrical contracting' means the installation, maintenance, alteration, or repair
of any electrical equipment, apparatus, control system, or electrical wiring device which
is attached to or incorporated into any building or structure in this state but shall not
include <del>low-voltage</del> <ins>low voltage</ins> contracting.
<del>(7)(8)</del> 'Electrical contractor' means any person <del>who engages</del> <ins>engaged</ins> in the business of
electrical contracting under express or implied contract or <del>who</del> <ins>that</ins> bids for, offers to
perform, purports to have the capacity to perform, or does perform electrical contracting
services under express or implied contract. <del>The term 'electrical contractor'</del> <ins>Such term
</ins> shall not include <del>a person</del> <ins>an individual</ins> who is an employee of an electrical contractor
and who receives only a salary or hourly wage for performing electrical contracting work.
<del>(8)(9)</del> 'Executive director' means the executive director of the State Construction
Industry Licensing Board.
<del>(8.1)(10)</del> 'General system' means any electrical system, other than an alarm or
telecommunication system, involving <del>low-voltage</del> <ins>low voltage</ins> wiring.
<ins>(9)(11)</ins> 'Journeyman plumber' means any <del>person</del> <ins>individual</ins> other than a master plumber
who has practical knowledge of the installation of plumbing and installs plumbing under
the direction of a master plumber.
<del>(10)(12)</del> 'License' means a valid and current certificate of registration issued by a
division of the board, which certificate shall give the named person to whom it is issued
authority to engage in the activity prescribed thereon.
<del>(10.1)(13)</del> <ins>'Low voltage</ins> <del>'Low-voltage</del> contracting' means the installation, alteration,
service, or repair of a telecommunication system, alarm system, or general system
involving <del>low-voltage</del> <ins>low voltage</ins> wiring.
<del>(10.2)(14)</del> <ins>'Low voltage</ins> <del>'Low-voltage</del> contractor' means <del>an individual who is</del> <ins>any person
</ins> engaged in <del>low-voltage</del> <ins>low voltage</ins> contracting under express or implied contract or <del>who
</del> <ins>that</ins> bids for, offers to perform, purports to have the capacity to perform, or does perform
<del>low-voltage</del> <ins>low voltage</ins> contracting services under express or implied contract. <del>An
</del>
<del>employee of a low-voltage contractor who receives only a salary or hourly wage for
performing low-voltage contracting work shall not be required to be licensed under this
chapter, except that those employees upon whom the qualification of a partnership,
limited liability company, or corporation rests as outlined in subsection (b) of Code
Section 43-14-8.1 shall be licensed.
(10.3)(15)</del> <ins>'Low voltage</ins> <del>'Low-voltage</del> wiring' means:
(A) Wiring systems of 50 volts or less and control circuits directly associated
therewith;
(B) Wiring systems having a voltage in excess of 50 volts, provided such systems
consist solely of power limited circuits meeting the definition of a Class II and Class
III wiring system as defined in Article 725 of the National Electrical Code; or
(C) Line voltage wiring having a voltage not in excess of 300 volts to ground and
installed from the load-side terminals of a suitable disconnecting means which has been
installed for the specific purpose of supplying the <del>low-voltage</del> <ins>low voltage</ins> wiring
system involved or installed from a suitable junction box which has been installed for
such specific purpose.
<del>(11)(16)</del> 'Master plumber' means any individual <del>engaging</del> <ins>engaged</ins> in the business of
plumbing under express or implied contract or who bids for, offers to perform, purports
to have the capacity to perform, or does perform plumbing contracting services under
express or implied contract.
<del>(12)(17)</del> 'Plumbing' means:
<ins>(A) The</ins> <del>the</del> practice of installing, maintaining, altering, or repairing piping fixtures,
appliances, and appurtenances in connection with sanitary drainage or storm drainage
facilities, venting systems, medical gas piping systems, natural gas piping systems on
the outlet side of gas meters, or public or private water supply systems within or
adjacent to any building, structure, <del>or</del> conveyance, <ins>or manhole;</ins> <del>provided, however, that
after July 1, 1997, only master plumbers and journeyman plumbers who have been
</del>
<del>certified by the Division of Master Plumbers and Journeyman Plumbers to perform
such tasks shall be authorized to install, maintain, alter, or repair medical gas piping
systems. The term 'plumbing' also includes the</del> <ins>and
(B) The</ins> practice of and materials used in installing, maintaining, extending, or altering
the natural gas, storm-water, sewerage, and water supply systems of any premises to
their connection with any point of public disposal or other acceptable terminal;
<del>provided, however, that licensure under this chapter shall not be required for a
contractor certified by the Department of Public Health to make the connection to any
on-site waste-water management system from the stub out exiting the structure to an
on-site waste-water management system. Notwithstanding any other provision of this
chapter, any person who holds a valid master plumbing license or any company which
holds a valid utility contractor license shall be qualified to construct, alter, or repair any
plumbing system which extends from the property line up to but not within five feet of
any building, structure, or conveyance, regardless of the cost or depth of any such
plumbing system.
(12.1)(18)</del> 'Telecommunication system' means a switching system and associated
apparatus which performs the basic function of two-way voice or data service, or both,
and which can be a commonly controlled system capable of being administered both
locally and remotely via secured access.
<del>(13)(19)</del> 'Utility contracting' means undertaking to construct, erect, alter, or repair or
have constructed, erected, altered, or repaired any utility system.
<del>(14)(20)</del> 'Utility contractor' means a sole proprietorship, partnership, or corporation
which is engaged in utility contracting under express or implied contract or which bids
for, offers to perform, purports to have the capacity to perform, or does perform utility
contracting under express or implied contract.
<del>(15)(21)</del> 'Utility foreman' means any individual who is employed by a licensed contractor
to supervise the construction, erection, alteration, or repair of utility systems.
<del>(16)(22)</del> 'Utility manager' means any individual who is employed by a utility contractor
to have oversight and charge of the construction, erection, alteration, or repair of utility
systems.
<del>(17)(23)</del> 'Utility system' means:
(A) Any system at least five feet underground, when installed or accessed by trenching,
open cut, cut and cover, or other similar construction methods which install or access
the system from the ground surface, including, but not limited to, gas distribution
systems, electrical distribution systems, communication systems, water supply systems,
and sanitary sewerage and drainage systems; and
(B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate
collection and treatment systems associated with landfills, and pump stations, when the
system distributes or collects a service, product, or commodity for which a fee or price
is paid for said service, product, or commodity or for the disposal of said service,
product, or commodity.
43-14-3.
(a) There is created within the executive branch of state government the State Construction
Industry Licensing Board. The board shall be assigned to the Secretary of State's office for
administrative purposes and shall be under the jurisdiction of the division director.
(b) The board shall be composed of 27 members as follows:
(1) Five members known as the Division of Electrical Contractors, one of whom shall
be a <del>consulting</del> <ins>professional</ins> engineer engaged in electrical practice, another of whom
shall be <del>the chief electrical</del> <ins>an</ins> inspector <ins>with electrical inspection duties</ins> of a county or
municipality, <del>and shall have served in such office for five years immediately preceding
appointment to the board</del> <ins>or a third-party inspector regularly providing inspections to a
county or municipality,</ins> and the remaining three of whom shall be <del>engaged in the
electrical contracting business</del> <ins>licensed electrical contractors in this state;
</ins>
(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers,
one of whom shall be a full-time plumbing inspector of a county or municipality, three
of whom shall be master or contracting plumbers, and one of whom shall be a
journeyman plumber;
(3) Five members known as the Division of Conditioned Air Contractors, one of whom
shall be a licensed professional engineer engaged in mechanical practice, one of whom
shall be the chief conditioned air inspector of a county or municipality, and three of
whom shall be conditioned air contractors with more than five years of installation and
service experience in the trade;
(4) Five members known as the Division of <del>Low-voltage</del> Low Voltage Contractors, one
of whom shall be an alarm system <del>low-voltage</del> <ins>low voltage</ins> contractor, one of whom shall
be an unrestricted <del>low-voltage</del> <ins>low voltage</ins> contractor, one of whom shall be a
telecommunication system <del>low-voltage</del> <ins>low voltage</ins> contractor, one of whom shall be a
professional electrical engineer, and one of whom shall be <del>the chief electrical</del> <ins>an</ins> inspector
<ins>with electrical inspection duties</ins> of a county or municipality <ins>or contracted by a county or
municipality to perform electrical inspections;
</ins> (5) Five members known as the Division of Utility Contractors, three of whom shall be
utility contractors, one of whom shall be a registered professional engineer, and one of
whom shall be an insurance company representative engaged primarily in the bonding of
construction projects; and
(6) Two members who shall not have any connection with the electrical contracting,
plumbing, or conditioned air contracting businesses whatsoever but who shall have a
recognized interest in consumer affairs and consumer protection concerns.
(c) All members shall be appointed by the Governor, subject to confirmation by the
Senate, for four-year terms.
(d) A member shall serve until a successor has been duly appointed and qualified.
(e) The Governor shall make appointments to fill the unexpired portions of any terms
vacated for any reason. In making such appointments, the Governor shall preserve the
composition of the board as required by this chapter. Members shall be eligible for
reappointment.
(f) Any <del>appointive</del> <ins>appointed</ins> member who, during his or her term, shall cease to meet the
qualifications for original appointment shall <del>thereby</del> forfeit membership on the board.
(g) Each member of the board shall take an oath of office before the Governor <ins>or the
Governor's designee</ins> to faithfully perform the duties of such office.
(h) The Governor may remove any member for failure to attend meetings, neglect of duty,
incompetence, revocation or suspension of professional trade license, or other dishonorable
conduct.
(i) Members of the board shall be reimbursed as provided for in subsection (f) of Code
Section 43-1-2.
43-14-4.
(a) The office of chairperson shall be rotated among the five divisions enumerated in Code
Section 43-14-3 unless the board, through its rules and regulations, provides otherwise.
Any vacancy in the office of chairperson shall be filled by the members for the unexpired
term. The <del>person</del> <ins>individual</ins> selected to fill the vacancy shall be a member of the same
division as the previous chairperson.
(b) The board shall meet at the call of the chairperson or upon the recommendation of a
majority of its members.
(c) Each division within the board shall also elect from its membership a chairperson who
shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled
by one of the members for the unexpired term.
(d) Any member elected chairperson of a division may serve more than one consecutive
term of office.
(e) Each division shall carry out its powers and duties provided for in this chapter with the
assistance of the executive director and staff of the board.
(f) The divisions shall meet at the call of the chairperson.
(g) Three members of each division shall constitute a quorum for the transaction of
business of such division.
43-14-5.
The board shall have the power to:
(1) Request from the various state departments and other agencies and authorities of the
state and its political subdivisions and their agencies and authorities such available
information as it may require in its work; and all such agencies and authorities shall
furnish such requested available information to the board within a reasonable time;
(2) Provide by regulation for reciprocity with other states in the registration and licensing
of electrical contractors, master plumbers, journeyman plumbers, <del>low-voltage</del> <ins>low voltage
</ins> contractors, utility contractors, or conditioned air contractors and in the certification of
utility contracting foremen, provided that such other states have requirements
substantially <del>equal</del> <ins>similar</ins> to the requirements in force in this state for registration,
licensure, and certification; provided, further, that a similar privilege is offered to
residents of this state;
(3) Adopt an official seal for its use and <del>change it at pleasure</del> <ins>modify such seal as the
board deems necessary;
</ins> (4) Establish <del>the</del> policies for regulating the businesses of electrical contracting,
<del>plumbing, low-voltage, utility</del> <ins>plumbing contracting, low voltage contracting, utility
contracting,</ins> and conditioned air contracting;
<del>(4.1)(5)</del> Upon notice and hearing authorized and conducted in accordance with Code
Section <del>43-14-10</del> <ins>43-14-14</ins> and any rules and regulations promulgated by the board,
either by the board directly or through a valid delegation of the board's enforcement
power to a division thereof, assess civil penalties in an amount up to $10,000.00 per
violation against any person found to be in violation of any requirement of this chapter;
<del>(5)(6)</del> Determine qualifications for licensure or certification including such experience
requirements as the board deems necessary; and
<del>(6)(7)</del> Promulgate and adopt rules and regulations necessary to carry out this chapter.
43-14-6.
(a) The Division of Electrical Contractors, with respect to applicants for a license to
engage in or licensees engaging in the business of electrical contracting; the Division of
Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to
engage in or licensees engaging in the business of plumbing as master plumbers or
journeyman plumbers; the Division of <del>Low-voltage</del> <ins>Low Voltage</ins> Contractors, with respect
to applicants for a license to engage in or licensees engaging in the business of <del>low-voltage
</del> <ins>low voltage</ins> contracting; the Division of Utility Contractors with respect to applicants for
a license to engage in or licensees engaging in the business of utility contracting and with
respect to applicants for a certificate to be a utility manager or utility foreman or holders
of a utility manager or utility foreman certificate; and the Division of Conditioned Air
Contractors, with respect to applicants for a license to engage in or licensees engaging in
the business of conditioned air contracting, shall:
(1) Approve examinations for all applicants for licenses or certificates, except for utility
contractor licenses and utility foreman certificates., <ins>as follows:
(A)</ins> The Division of Electrical Contractors shall approve separate examinations for
Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting
involving multifamily structures of not more than two levels or single-family dwellings
of up to three levels. <del>In addition, the;</del> <ins>provided, however, that such</ins> structures shall have
single-phase electrical installations which do not exceed 400 amperes at the service
drop or the service lateral. Class II licenses shall be unrestricted.;
<ins>(B)</ins> The Division of Master Plumbers and Journeyman Plumbers shall approve separate
examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman
Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving
single-family <del>dwellings</del> and <del>one-level</del> <ins>multifamily</ins> dwellings designed for not more than
<del>two families</del> <ins>three stories</ins> and commercial structures not to exceed <del>10,000</del> <ins>20,000
</ins> square feet in area. Master Plumber Class II licenses shall be unrestricted. <ins>Only a
journeyman plumber, a Master Plumber Class I, or a Master Plumber Class II shall be
authorized to install, maintain, alter, or repair medical gas piping systems;
(C)</ins> The Division of Conditioned Air Contractors shall approve separate examinations
for Class I and Class II licenses. Class I licenses shall be restricted to the installation,
repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU
(net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be
unrestricted.; <ins>and
(D)</ins> The Division of <del>Low-voltage</del> <ins>Low Voltage</ins> Contractors shall approve separate
examinations for:
<ins>(i) Low Voltage</ins> <del>Low-voltage</del> Contractor Class LV-A, <ins>licenses restricted to alarm and
general system low voltage contracting;
(ii) Low Voltage</ins> <del>Low-voltage</del> Contractor Class LV-T, <ins>licenses restricted to
telecommunication and general system low voltage contracting;
(iii) Low Voltage Contractor Class LV-G licenses restricted to general system low
voltage contracting; and
(iv) Low Voltage Contractor</ins> <del>Low-voltage Contractor Class LV-U, and Low-voltage
Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general
system low-voltage contracting, Class LV-T licenses shall be restricted to
telecommunication and general system low-voltage contracting, Class LV-G licenses
shall be restricted to general system low-voltage contracting, and</del> Class LV-U licenses
<ins>that</ins> shall be unrestricted and permit the performance of alarm, telecommunication,
and general system <del>low-voltage</del> <ins>low voltage</ins> contracting;
(2) Register and license or grant a certificate and issue renewal licenses and renewal
certificates biennially to all persons meeting the qualifications for a license or certificate.
The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I;
(G) Conditioned Air Contractor Class II;
(H) <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-A;
(I) <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-T;
(J) <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-G;
(K) <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-U;
(L) Utility Contractor; Class A;
(M) Utility Contractor; Class B;
(N) Utility Contractor; Class U;
(O) Utility Manager (certificate); and
(P) Utility Foreman (certificate);
(3) Investigate, with the aid of the division director, alleged violations of this chapter or
other laws and rules and regulations of the board relating to the profession;
(4) After notice and hearing, have the power to reprimand any person, licensee, or
certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse
to grant, renew, or restore a license or certificate to any person, licensee, or certificate
holder upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged,
false, or fraudulent document in connection with the license or certificate requirements
of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license or certificate
under this chapter or the rules and regulations of the board;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to
such an extent as to render the license or certificate holder unsafe or unfit to practice
any profession licensed or certified under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or
harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed or
noncertified person to practice such profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any
provision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,
plumbing, <del>low-voltage</del> <ins>low voltage</ins> contracting, utility contracting, or conditioned air
contracting likely to endanger life, health, or property. The performance of any work
that does not comply with the standards set by state codes or by local codes in
jurisdictions where such codes are adopted, provided that such local codes are as
stringent as the state codes, or by other codes or regulations which have been adopted
by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or
unsafe character of such electrical, plumbing, <del>low-voltage</del> low voltage contracting,
utility contracting, or conditioned air contracting; provided, however, that the board,
in its sole discretion, for good cause shown and under such conditions as it may
prescribe, may restore a license to any person whose license has been suspended or
revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess
of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25;
(5) Review amendments to or revisions in the state minimum standard codes as prepared
pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community
Affairs shall be required to provide to the division director a copy of any amendment to
or revision in the state minimum standard codes at least 45 days prior to the adoption
thereof; and
(6) Do all other things necessary and proper to exercise their powers and perform their
duties in accordance with this chapter.
(b) The Division of Electrical Contractors may also provide, by rules and regulations, for
the issuance of certificates of competency pertaining to financial responsibility and
financial disclosure; provided, however, that such rules and regulations are adopted by the
board. The division shall issue certificates of competency and renewal certificates to
persons meeting the qualifications therefor.
(c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals
resulting from the suspension of licenses by an approved municipal or county licensing or
inspection authority pursuant to Code Section <del>43-14-12</del> <ins>43-14-16.
</ins> (d)(1) The Division of Conditioned Air Contractors shall be authorized to:
<ins>(1) Require</ins> <del>require</del> persons seeking renewal of Conditioned Air Contractor Class I and
Class II licenses to complete board approved continuing education of not <del>more</del> <ins>less</ins> than
four hours annually.;
<ins>(2) Approve</ins> <del>The division shall be authorized to approve</del> courses offered by institutions
of higher learning, vocational technical schools, and trade, technical, or professional
organizations; provided, however, that continuing education courses or programs related
to conditioned air contracting provided or conducted by public utilities, equipment
manufacturers, or institutions under the State Board of the Technical College System of
Georgia shall constitute acceptable continuing professional education programs for the
purposes of this subsection. <del>Continuing</del> <ins>Such continuing</ins> education courses or programs
shall be in the areas of safety, technological advances, business management, or
government regulation. Courses or programs conducted by manufacturers specifically
to promote their products shall not be approved. <ins>The continuing education requirements
of this subsection shall not be required for any licensed conditioned air contractor who
is a registered professional engineer;
</ins> <del>(2)(3)</del> <ins>Administer all</ins> <del>All</del> provisions of this subsection relating to continuing professional
education <del>shall be administered by the division.;
(3)(4)</del> <ins>Waive</ins> <del>The division shall be authorized to waive</del> the continuing education
requirements in cases of hardship, disability, or illness or under such other circumstances
as the board deems appropriate.; <ins>and
</ins> <del>(4)(5)</del> <ins>Promulgate</ins> <del>The division shall be authorized to promulgate</del> rules and regulations
to implement and ensure compliance with the requirements of this Code section.
<del>(5) The continuing education requirements of this subsection shall not be required of any
licensed conditioned air contractor who is a registered professional engineer.
(6) This Code section shall apply to each licensing and renewal cycle which begins after
the 1990-1991 renewal.
(e)(1)</del> The Division of Electrical Contractors shall be authorized to:
<ins>(1) Require individuals</ins> <del>require persons</del> seeking renewal of Electrical Contractor Class
I and Class II licenses to complete board approved <ins>courses or courses which meet board
criteria for</ins> continuing education <del>courses</del> of not <del>more</del> <ins>less</ins> than four hours annually.;
<ins>(2) Approve</ins> <del>The division shall be authorized to approve</del> continuing education courses
to be held within or outside this state that are available to all licensed electrical
contractors on a reasonable nondiscriminatory fee basis. Any request for division
approval of a continuing education course shall be submitted in a timely manner with due
regard for the necessity of investigation and consideration by the division. The division
may contract with institutions of higher learning, professional organizations, or other
qualified persons to provide programs that meet the requirements of this <del>paragraph
</del> <ins>subsection</ins> and any rules or regulations established by the division. Such programs shall
be self-sustaining by the individual fees set and collected by the provider of the program.;
<ins>and
</ins> <del>(2)(3)</del> <ins>Waive</ins> <del>The division shall be authorized to waive</del> the continuing education
requirements in cases of hardship, disability, or illness or under such other circumstances
as the division deems appropriate.
<del>(f)(1)</del> The Division of Utility Contractors shall be authorized to:
<ins>(1) Require individuals</ins> <del>require persons</del> seeking renewal of utility foreman certificates
and utility manager certificates issued under this chapter to complete board approved
continuing education of not more than four hours annually.;
<ins>(2) Approve</ins> <del>The division shall be authorized to approve</del> courses offered by institutions
of higher learning, vocational-technical schools, and trade, technical, or professional
organizations; provided, however, that continuing education courses or programs related
to utility contracting provided or conducted by institutions under the State Board of the
Technical College System of Georgia shall constitute acceptable continuing professional
education programs for the purposes of this subsection.; <ins>and
</ins> <del>(2)(3)</del> <ins>Waive</ins> <del>The division shall be authorized to waive</del> the continuing education
requirements in cases of hardship, disability, or illness or under such other circumstances
as the division deems appropriate.
(g)(1) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to:
<ins>(1) Require individuals</ins> <del>require persons</del> seeking renewal of Journeyman Plumber, Master
Plumber Class I, and Master Plumber Class II licenses to complete board approved
continuing education of not <del>more</del> <ins>less</ins> than four hours annually.;
<ins>(2) Approve</ins> <del>The division shall be authorized to approve</del> courses offered by institutions
of higher learning, vocational-technical schools, and trade, technical, or professional
organizations; provided, however, that continuing education courses or programs related
to plumbing provided or conducted by institutions under the State Board of the Technical
College System of Georgia shall constitute acceptable continuing professional education
programs for the purposes of this subsection.; and
<del>(2)(3)</del> <ins>Waive</ins> <del>The division shall be authorized to waive</del> the continuing education
requirements in cases of hardship, disability, or illness or under such other circumstances
as the division deems appropriate.
<ins>(h) Each division shall make all reasonable efforts to make the continuing education
offered pursuant to this Code section available online or through home study courses and
accessible at times outside of the normal work hours of those licensed by such division.
</ins> 43-14-7.
(a) All orders and processes of the board and the divisions of the board shall be signed and
attested by the division director; and any notice or legal process necessary to be served
upon the board or the divisions may be served upon the division director.
(b) The division director or his <ins>or her</ins> designee is vested with the power and authority to
make such investigations in connection with the enforcement of this chapter and the rules
and regulations of the board as <del>he</del> <ins>the director,</ins> the board, the divisions of the board, or any
district attorney may deem necessary or advisable.
43-14-8.
(a)(1) No person shall engage in <del>the</del> electrical contracting <del>business as an electrical
contractor</del> unless such person has a valid license from the Division of Electrical
Contractors and a certificate of competency, if such certificates are issued by the division
pursuant to subsection (b) of Code Section 43-14-6.
(2) A person <del>who</del> <ins>that</ins> is not licensed as an electrical contractor or <del>who</del> <ins>that</ins> does not have
a certificate of competency, if such certificates are issued by the division pursuant to
subsection (b) of Code Section 43-14-6, or both as may be applicable, shall be prohibited
from advertising in any manner that such person is in the business or profession of
electrical contracting unless the work is performed by a licensed electrical contractor.
(b)(1) No person shall engage in <del>the business of</del> plumbing <ins>contracting</ins> as a master
plumber unless such person has a valid license from the Division of Master Plumbers and
Journeyman Plumbers. <ins>Notwithstanding any other provisions of this chapter, any person
who holds a valid master plumber license or any company which holds a valid utility
contractor license shall be qualified to construct, alter, or repair any plumbing system
which extends from the property line up to but not within five feet of any building,
structure, or conveyance, regardless of the cost or depth of any such plumbing system;
provided, however, that only persons who hold a valid license to engage in plumbing
under this chapter shall be qualified to construct, alter, or repair any plumbing system
within five feet of any building, structure, or conveyance.
</ins> (2) No person shall engage in <del>the business of</del> plumbing <ins>contracting</ins> as a <del>journeyman
</del> <ins>master</ins> plumber unless such person has a valid license from the Division of Master
Plumbers and Journeyman Plumbers. <ins>A person that is not licensed as a Master Plumber
Class 1 or a Master Plumber Class II shall be prohibited from advertising in any manner
that such person is in the business or profession of plumbing contracting.
</ins> <del>(3) A person who does not have a valid license from the Division of Master Plumbers
and Journeyman Plumbers shall be prohibited from advertising in any manner that such
person is in the business or profession of plumbing as a master plumber or journeyman
plumber unless such person is licensed by the Division of Master Plumbers and
Journeyman Plumbers and unless the work is performed by a licensed plumber.
</del> (c)(1) No person shall engage in <del>the business of</del> conditioned air contracting <del>as a
conditioned air contractor</del> unless such person has a valid <ins>conditioned air contractor
</ins> license from the Division of Conditioned Air Contractors.
(2) A person <del>who</del> <ins>that</ins> is not licensed as a conditioned air contractor shall be prohibited
from advertising in any manner that such person is in the business or profession of a
conditioned air contractor unless the work is performed by a licensed conditioned air
contractor.
<ins>(d)(1) No person shall engage in low voltage contracting unless such person has a valid
license from the Division of Low Voltage Contractors; provided, however, that:
(A) An employee of a low voltage contractor who receives only a salary or hourly
wage for performing low voltage contracting work may but shall not be required to be
licensed under this chapter to perform such low voltage contracting work, except that
those employees upon whom the qualification of a partnership, limited liability
company, or corporation rests as provided for in Code Section 43-14-9 shall be required
to be licensed; and
(B) Tier 2 local exchange companies, as such term is set forth in subparagraph (B) of
paragraph (10) of Code Section 46-5-162, as well as any affiliates or subsidiaries of
such companies, may but shall not be required to be licensed under this chapter to
engage in low voltage contracting.
(2) Except as provided in paragraph (1) of this subsection, a person that is not licensed
as a low voltage contractor shall be prohibited from advertising in any manner that such
person is in the business or profession of a low voltage contractor unless the work is
performed by a licensed low voltage contractor.
</ins> <del>(d)(e)</del> Notwithstanding any other provision of this chapter, prior to and including
September 30, 1983, the following persons, desiring to qualify under the provisions stated
in this subsection, shall be issued a state-wide license without restriction by the appropriate
division of the State Construction Industry Licensing Board, provided that such individual
submits proper application and pays or has paid the required fees and is not otherwise in
violation of this chapter:
(1) Any individual holding a license issued by the State Construction Industry Licensing
Board, prior to the effective date of this chapter;
(2) Any individual holding a license issued by the State Board of Electrical Contractors,
the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air
Heating Contractors;
(3) Any individual holding a license to engage in such vocation issued to him or her by
any governing authority of any political subdivision; and
(4) Any individual who has successfully and efficiently engaged in such vocation in a
local jurisdiction, which did not issue local licenses, for a period of at least two
consecutive years immediately prior to the time of application. To prove that he or she
has successfully engaged in said vocation, the individual shall only be required to give
evidence of three successful jobs completed over such period. Such applicant shall swear
before a notary public that such evidence is true and accurate prior to its submission to
the division.
<del>(e)(f)</del> The decision of the division as to the necessity of taking the examination or as to the
qualifications of applicants taking the required examination shall, in the absence of fraud,
be conclusive. All individuals, partnerships, limited liability companies, or corporations
desiring to engage in <del>such vocation after September 30, 1983,</del> <ins>a business licensed under
this chapter</ins> shall take the examination and qualify under this chapter before engaging in
such vocation or business, including <del>such vocation</del> at the local level.
<ins>(f)(g)</ins> No partnership, limited liability company, or corporation shall have the right to
engage in the business of electrical contracting unless there is regularly connected with
such partnership, limited liability company, or corporation a person or persons <del>actually
</del> <ins>actively</ins> 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; <ins>provided, however, that partners,
officers, and employees of any individual who fulfilled the licensing requirements shall
continue to be authorized to engage in the business of electrical contracting under a license
</ins>
<ins>which was valid at the time of the licensee's death for a period of 90 days from the date of
such death. The division may, at its discretion, upon application by the electrical contractor
showing good cause, grant one additional 90 day grace period.
</ins> <del>(g)(h)</del> No partnership, limited liability company, or corporation shall have the right to
engage in the business of plumbing unless there is regularly connected with such
partnership, limited liability company, or corporation a person or persons <del>actually</del> <ins>actively
</ins> engaged in the performance of such business on a full-time basis who have valid licenses
for master plumbers issued to them as provided in this chapter; <ins>provided, however, that
partners, officers, and employees of any individual who fulfilled the licensing requirements
shall continue to be authorized to engage in the business of plumbing contracting under a
license which was valid at the time of the licensee's death for a period of 90 days from the
date of such death. The division may, at its discretion, upon application by the plumbing
contractor showing good cause, grant one additional 90 day grace period.
</ins> <del>(h)(i)</del> 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
<del>actually</del> <ins>actively</ins> 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 licensee's death for a period of 90 days
<del>following</del> <ins>from</ins> the date of such death. <ins>The division may, at its discretion, upon application
by the conditioned air contractor showing good cause, grant one additional 90 day grace
period.
(j) Partnerships, limited liability companies, or corporations having more than one office
location from which conditioned air contracting is performed shall have at least one person
stationed in each branch office of such partnership, limited liability company, or
</ins>
<ins>corporation who is engaged in the performance of conditioned air contracting on a full-time
basis; who is supervising the installation, repair, alteration, and service work of
air-conditioning and heating systems of all employees of such branch office locations; and
who has a valid license issued as provided in this Code section.
(i)(k)</ins> It shall be the duty of all partnerships, limited liability companies, and corporations
qualified under this chapter to notify the appropriate division immediately <ins>within seven
days</ins> of the severance of connection with such partnership, limited liability company, or
corporation of any person or persons upon whom such qualification rested.
<del>(j)(l)</del> <ins>Applicants</ins> <del>All applicants</del> for examinations and licenses provided for by this chapter
and <del>all</del> <ins>any</ins> applicants for renewal of licenses under this chapter shall be required to <del>fill out
a form which shall be provided by each division, showing whether or not</del> <ins>complete a
division approved form on which the applicant will:
(1) Indicate if</ins> the applicant is an individual, partnership, limited liability company, or
corporation; <del>and, if
</del> <ins>(2) If the applicant is</ins> a partnership, limited liability company, or corporation, <ins>provide</ins> the
names and addresses of the partners or members or the names and addresses of the
officers, when and where formed or incorporated, and such other information as the board
or each division may require.; <ins>and
(3) If the renewal is for</ins> <del>All forms of applications for renewal of licenses shall also show
whether or not the applicant, if it is</del> a partnership, limited liability company, or
corporation, <del>still has connected with it</del> <ins>indicate whether</ins> a duly qualified person holding
a license issued by the division <ins>is still connected with such entity.
</ins> <del>(k) The board shall notify each local governing authority of the provisions of this chapter
relating to licensure, especially the provisions of subsection (d) of this Code section. The
board shall notify such governing authorities that after September 30, 1983, any person
desiring a license to engage in a profession covered by this chapter shall be required to pass
an examination as provided in this chapter.
</del>
<ins>(l)(m) Applicants who have a failing examination score on two consecutive testing
attempts within the approved testing time frame</ins> <del>Any applicant for licensure standing the
examination on and after July 1, 1989, who fails the examination for licensure twice after
such date</del> shall be required to present satisfactory evidence to the appropriate division that
the applicant has completed a board approved review course before such applicant will be
<del>admitted to a third examination</del> <ins>approved to take the examination again.</ins> If such applicant
fails the examination a third time, the applicant shall not be required to complete additional
board approved review courses prior to taking subsequent examinations.
<del>43-14-8.1</del> <ins>43-14-9.
</ins> (a) For purposes of this Code section only, 'division' means the 'Division of <del>Low-voltage
</del> <ins>Low Voltage</ins> Contractors.'
(b) No person shall engage in alarm system, general system, or telecommunication system
<del>low-voltage</del> <ins>low voltage</ins> contracting unless such person has a valid license therefor from
the Division of <del>Low-voltage</del> <ins>Low Voltage</ins> Contracting.
<ins>(c)(1) Prior to January 1, 1985, any</ins> <del>Any</del> person desiring to qualify under the provisions
of this subsection who meets the requirements of this subsection, submits proper
application <del>prior to and including December 31, 1984,</del> and pays or has paid the required
fees and is not otherwise in violation of this chapter shall be issued a state-wide
<del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-A, LV-G, LV-U, or LV-T license
without examination.
<ins>(2)</ins> An individual desiring to obtain <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-T
shall submit to the division an affidavit which outlines the experience of said individual
in the practice of <del>low-voltage</del> <ins>low voltage</ins> wiring relating to telecommunication systems.
<ins>(3)</ins> An individual desiring to obtain a <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-A
license shall submit to the division an affidavit which outlines the experience of said
individual in the practice of <del>low-voltage</del> <ins>low voltage</ins> wiring relating to alarm systems.
<ins>(4)</ins> An individual desiring to obtain a <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-G
license shall submit to the division an affidavit which outlines the experience of said
individual in the practice of <del>low-voltage</del> <ins>low voltage</ins> wiring relating to general systems.
<del>Each such affidavit for licensure shall describe in detail the installation of at least three
complete low-voltage wiring jobs which shall demonstrate that the individual has
successfully performed low-voltage wiring in the area of licensure requested for a period
of at least one year immediately prior to the time of application.
</del> <ins>(5)</ins> An individual desiring to obtain a <del>Low-voltage</del> <ins>Low Voltage</ins> Contractor Class LV-U
license shall submit to the division an affidavit which outlines the experience of said
individual in the practice of <del>low-voltage</del> <ins>low voltage</ins> wiring relating to alarm and
telecommunication systems and which describes in detail the installation of at least six
complete <del>low-voltage</del> <ins>low voltage</ins> wiring jobs, three in alarm and three in
telecommunication systems, which shall demonstrate that the individual has successfully
performed <del>low-voltage</del> <ins>low voltage</ins> wiring in those areas for a period of at least one year
immediately prior to the time of application.
<ins>(6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection
shall describe in detail the installation of at least three complete low voltage wiring jobs
which shall demonstrate that the individual has successfully performed low voltage
wiring in the area of licensure requested for a period of at least one year prior to the time
of application.
</ins> (d) The decision of the division as to the necessity of taking the examination or as to the
qualifications of applicants taking the required examination shall, in the absence of fraud,
be conclusive. All individuals, <ins>individuals serving as partners in</ins> partnerships, <ins>applicants
for</ins> limited liability companies, or <ins>applicants for</ins> corporations desiring to engage in the
vocation of <del>low-voltage</del> <ins>low voltage</ins> contracting <del>after December 31, 1984,</del> shall take the
examination and qualify under this Code section before engaging in such vocation.
(e) No partnership, limited liability company, or corporation shall have the right to engage
in the business of <del>low-voltage</del> <ins>low voltage</ins> contracting unless there is regularly connected
with such partnership, limited liability company, or corporation a person or persons,
<del>actually</del> <ins>actively</ins> engaged in the performance of such business on a full-time basis and
supervising the <del>low-voltage</del> <ins>low voltage</ins> systems installation, repair, alteration, and service
work of all employees of such partnership, limited liability company, or corporation, who
have valid licenses issued to them as provided in this chapter; <ins>provided, however, that
partners, officers, and employees of any individual who fulfilled the licensing requirements
shall continue to be authorized to engage in the business of low voltage contracting under
a license which was valid at the time of the licensee's death for a period of 90 days from
the date of such death. The division may, at its discretion, upon application by the low
voltage contractor showing good cause, grant one additional 90 day grace period.
(f) Partnerships, limited liability companies, or corporations having</ins> <del>In cases where a
partnership, limited liability company, or corporation has</del> more than one office location
from which <del>low-voltage</del> <ins>low voltage</ins> contracting is performed, <ins>shall have</ins> at least one
person stationed in each branch office of such partnership, limited liability company, or
corporation, <ins>who is</ins> engaged in the performance of <del>low-voltage</del> <ins>low voltage</ins> contracting on
a full-time basis <del>and;</del> <ins>who is</ins> supervising the <del>low-voltage</del> low voltage wiring systems
installation, repair, alteration, and service work of all employees of such branch office
locations, <del>shall have;</del> <ins>and who has</ins> a valid license issued as provided in this Code section.
<del>(f) It shall be the duty of all partnerships, limited liability companies, and corporations
qualified under this Code section to notify the division, in accordance with board rules, of
severance of connection with such partnership, limited liability company, or corporation
of any person or persons upon whom the qualification of any such partnership, limited
liability company, or corporation rested.
(g) All applicants for examinations and licenses provided for by this Code section and all
applicants for renewal of licenses under this Code section shall be required to fill out a
</del>
<del>form which shall be provided by the division, which form shall show whether or not the
applicant is an individual, partnership, limited liability company, or corporation and, if a
partnership, limited liability company, or corporation, the names and addresses of the
partners or members or the names and addresses of the officers, when and where formed
or incorporated, and such other information as the division in its discretion may require.
All forms of application for renewal of licenses shall also show whether or not the
applicant, if it is a partnership, limited liability company, or corporation, still has connected
with it a duly qualified person holding a license issued by the division.
(h) The division shall notify each local governing authority of the provisions of this
chapter relating to licensure, especially the provisions of subsection (b) of this Code
section. The division shall notify such governing authorities that after December 31, 1984,
any person desiring a license to engage in the vocation of low-voltage contracting shall be
required to pass an examination as provided in this chapter.
43-14-8.2</del> <ins>43-14-10.
</ins> (a) For purposes of this Code section only, 'division' means the 'Division of Utility
Contractors.'
(b)(1) <del>After June 30, 1994, no</del> <ins>No</ins> sole proprietorship, partnership, or corporation shall
have the right to engage in the business of utility contracting unless:
<ins>(A) Such</ins> <del>such</del> business holds a utility contractor license; and
<ins>(B) There</ins> <del>there</del> is regularly connected with such business a person or persons who
holds a valid utility manager certificate issued under this chapter, <ins>and such.</ins> <del>Such</del> utility
manager must be <del>actually</del> <ins>actively</ins> engaged in the performance of such business on a
full-time basis and <ins>must</ins> oversee the utility contracting work of all employees of the
business.
<ins>(2) If</ins> <del>In cases where</del> a sole proprietorship, partnership, or corporation has more than one
permanent office, then each permanent office shall be registered with the division and at
least one person who holds a valid utility manager certificate issued under this chapter
shall be stationed in each office on a full-time basis and shall oversee the utility
contracting work of all employees of that office.
<del>(2)(3)</del> The requirements of this Code section shall not prevent any person holding a valid
license issued by the State Construction Industry Licensing Board, or any division
thereof, pursuant to this chapter, from performing any work defined in the Code section
or sections under which the license held by said person was issued.
(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued
a utility contractor license under the provisions of this subsection shall:
(1) Submit a completed application to the division on the form provided indicating:
(A) The names and addresses of proprietor, partners, or officers of such applicant;
(B) The place and date such partnership was formed or such corporation was
incorporated; and
(C) The name of the qualifying utility manager holding a current certificate who is
employed for each permanent office location of the business from which utility
contracting is performed;
(2) Submit its safety policy which must meet the minimum standards established by the
board;
(3) Pay or have paid the required fees; and
(4) Not be otherwise in violation of this chapter.
(d) The decision of the division as to the qualifications of applicants shall, in the absence
of fraud, be conclusive.
(e) It shall be the duty of the utility manager certificate holders and the licensed utility
contractor to notify the division, in accordance with board rules, of <ins>the</ins> severance of
connection between such utility contractor and the utility manager certificate holder or
holders upon whom the qualification of the utility contractor rested.
(f) In the event that a licensed utility contractor temporarily does not have employed a
utility manager certificate holder to oversee its utility contracting work, upon notice by
such utility contractor to the division within five <ins>seven</ins> days following the last day of
employment of the utility manager certificate holder, the division shall grant the utility
contractor a 90 day grace period in which to employ a utility manager certificate holder to
oversee its utility contracting work before any action may be taken by the division to
revoke the utility contractor's license. The division may, at its discretion, upon application
by the utility contractor showing good cause, grant one additional 90 day grace period.
Grace periods totaling not more than 180 days may be granted during any two-year period.
Failure to have employed a utility manager certificate holder to oversee the utility
contracting work of the utility contractor shall be grounds for the revocation or suspension
of the utility contractor license after a notice of hearing.
(g) All applicants for renewal of utility contractor licenses provided for by this Code
section shall be required to submit with the required fee a completed application on a form
provided by the division.
(h) It shall be unlawful for any person to contract with any other person for the
performance of utility contracting work who is known by such person not to have a current,
valid license as a utility contractor pursuant to this chapter.
<del>43-14-8.3</del> <ins>43-14-11.
</ins> (a) <del>After June 30, 1994, no</del> <ins>No</ins> person may be employed as a utility manager unless that
person holds a current utility manager certificate issued by the Division of Utility
Contractors.
(b) The division shall certify all applicants for certification under this chapter who satisfy
the requirements of this chapter and the rules and regulations promulgated under this
chapter. Persons wishing to qualify for utility manager certification shall submit a
completed application form documenting required experience and other qualifications as
prescribed by the board with the required fees, <del>and</del> shall pass an examination, <ins>and.</ins> <del>In order
to obtain a utility manager certificate, an applicant</del> must submit proof of completion of a
<ins>board approved safety training</ins> course <del>of safety training</del> in utility contracting <del>approved by
the division.</del> In order to continue to hold such certificate, the certificate holder must
present proof to the division of completion of a safety training course approved by the
division at least every two years from the date of the completion of the initial safety
training course.
(c) An applicant may request an oral administration of the examination.
<del>43-14-8.4</del> <ins>43-14-12.
</ins> (a) <del>After June 30, 1994, no</del> <ins>No</ins> person may be employed as a utility foreman unless that
person holds a current utility foreman certificate issued by the Division of Utility
Contractors.
(b) The division shall certify all applicants for certification under this chapter who satisfy
the requirements of this chapter and the rules and regulations promulgated under this
chapter. One requirement for such certification shall be the successful completion of a
<ins>board approved safety training</ins> course <del>of safety training</del> in utility contracting approved by
the division. In order to continue to hold such certificate, the certificate holder must submit
proof to the division of completion of a safety training course approved by the division at
least every two years from the date of the completion of the initial safety training course.
In lieu of safety training any person desiring to be issued a utility foreman certificate may
submit a completed application on or before December 31, 1994, which documents to the
satisfaction of the division at least two years of experience as a utility foreman during the
period between January 1, 1984, and June 30, 1994. Any person who does not submit a
completed application for certification on or before December 31, 1994, must complete the
required safety training in order to be certified.
(c) <del>After June 30, 1994, no</del> <ins>No</ins> utility system shall be constructed, erected, altered, or
repaired unless a certified utility manager or certified utility foreman who holds a current
certification is present at the job site of such construction, erection, alteration, or repair of
the utility system.
<del>43-14-9</del> <ins>43-14-13.
</ins> (a) Every person holding a license issued by a division of the board shall display it in a
conspicuous manner at his <ins>or her</ins> place of business.
(b) All commercial vehicles used by licensees and certificate holders exclusively in the
daily operation of their business shall have prominently displayed thereon the company or
business registration <ins>or certificate</ins> number issued by the Secretary of State's office. Such
registration number <ins>or certificate number, or website address where such number can be
found,</ins> shall also be prominently displayed on any advertising <del>in telephone yellow pages
and newspapers</del> relating to work which a licensee or certificate holder purports to have the
capacity to perform. Said registration <ins>or certificate</ins> number shall also be printed on all
invoices and proposal forms.
<del>43-14-10</del> <ins>43-14-14.
</ins> This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
<del>43-14-11</del> <ins>43-14-15.
</ins> Whenever it shall appear to a division of the board or to the executive director or to a
county or municipal inspection authority that any person is or has been violating this
chapter or any of the lawful rules, regulations, or orders of the board, the division of the
board, the local inspection authority, or the appropriate prosecuting attorney may file a
petition for an injunction in the proper superior court of this state against such person for
the purpose of enjoining any such violation. It shall not be necessary to allege or prove that
there is no adequate remedy at law. The right of injunction provided for in this Code
section shall be in addition to any other legal remedy which the board has and shall be in
addition to any right of criminal prosecution provided for by law.
<del>43-14-12</del> <ins>43-14-16.
</ins> (a) Any municipal or county inspection authority which meets the standards established
by the board shall be authorized, after notice and hearing, to suspend the license or
certificate of competency of, or refuse to restore a license or certificate of competency to,
any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code
Section 43-14-6; provided, however, that such suspension of a license by a local inspection
authority shall be applicable only within the jurisdiction of such local authority. Any
person aggrieved by an action of a local authority shall be entitled to an appeal to the
appropriate division of the board and shall be entitled to a hearing.
(b)(1) This chapter shall not be construed to prohibit the governing authority of any
county or municipality in the state from adopting and enforcing codes at the local level;
provided, however, that no county or municipality may require any licensed conditioned
air contractor or licensed plumber who has executed and deposited a bond as authorized
in paragraph (2) of this subsection to give or furnish or execute any code compliance
bond or similar bond for the purpose of ensuring that all construction, installation, or
modifications are made or completed in compliance with the county or municipal
ordinances or building and construction codes.
(2) In order to protect the public from damages arising from any work by a licensed
conditioned air contractor or licensed plumber, which work fails to comply with the
ordinances or building and construction codes adopted by any county or municipal
corporation, any such licensed conditioned air contractor or licensed plumber may
execute and deposit with the judge of the probate court in the county of his or her
principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash
bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds
in the State of Georgia and shall be approved by the judge of the probate court. Such
bond shall be conditioned upon all work done or supervised by such licensee complying
with the provisions of any ordinances or building and construction codes of any county
or municipal corporation wherein the work is performed. Action on such bond may be
brought against the principal and surety thereon in the name of and for the benefit of any
person who suffers damages as a consequence of said licensee's work not conforming to
the requirements of any ordinances or building and construction codes; provided,
however, that the aggregate liability of the surety to all persons so damaged shall in no
event exceed the sum of such bond.
(3) In any case where a bond is required under this subsection, the conditioned air
contractor or plumber shall file a copy of the bond with the building official in the
political subdivision wherein the work is being performed.
(4) The provisions of this subsection shall not apply to or affect any bonding
requirements involving contracts for public works as provided in Chapter 10 of Title 13.
(c) No provision of this chapter shall be construed as prohibiting or preventing a
municipality or county from fixing, charging, assessing, or collecting any license fee,
registration fee, tax, or gross receipt tax on any related business or on anyone engaged in
any related business governed by this chapter.
<del>43-14-12.1</del> <ins>43-14-17.
</ins> (a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section
43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed
person engaged illegally in the process of work or to show work in progress or work
completed in order to prove the unlawful practice of conditioned air contracting, <ins>plumbing
contracting, or electrical contracting</ins> by an unlicensed person.
(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed
as a conditioned air contractor, <ins>plumbing contractor, or electrical contractor</ins> advertises that
such person is in the business or profession of a conditioned air contractor, <ins>plumbing
contractor, or electrical contractor</ins> or advertises in a manner such that the general public
would believe that such person is a licensed conditioned air contractor or in the business
or profession of a conditioned air contractor, <ins>is a licensed plumbing contractor in the
business or profession of a plumbing contractor, or is a licensed electrical contractor in the
business or profession of an electrical contractor.</ins> Advertising under this subsection
includes, but is not limited to, newspaper, <ins>internet, social media and digital applications,
</ins> television, radio, telephone directory <ins>listings,</ins> mailings, business cards, or <del>sign at</del> <ins>signage
at a</ins> place of business or attached to a vehicle.
(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,
the board may issue a cease and desist order prohibiting any person from violating the
provisions of this chapter by engaging in the business or profession of a conditioned air
contractor, <ins>plumbing contractor, or electrical contractor</ins> without a license as required under
this chapter.
(d) The violation of any cease and desist order of the board issued under subsection (c) of
this Code section shall subject the person violating the order to further proceedings before
the board, and the board shall be authorized to impose a fine not to exceed <del>$500.00
</del> <ins>$1,500.00</ins> for each violation thereof. Each day that a person practices in violation of this
Code section and chapter shall constitute a separate violation.
(e) 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.
<del>43-14-12.2</del> <ins>43-14-18.
</ins> (a) If a person is in violation of Code Section <del>43-14-8.2, 43-14-8.3, or 43-14-8.4</del> <ins>43-14-10,
43-14-11, or 43-14-12,</ins> it shall not be necessary for an investigator to observe or witness
the unlicensed person engaged illegally in the process of work or to show work in progress
or work completed in order to prove the unlawful practice of utility contracting by an
unlicensed person.
(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed
as a utility contractor advertises that such person is in the business or profession of a utility
contractor or advertises in a manner such that the general public would believe that such
person is a licensed utility contractor or in the business or profession of a utility contractor.
Advertising under this subsection includes, but is not limited to, newspaper, television, or
radio advertisements, telephone directory listings, mailings, business cards, or a sign or
signs at a place of business or attached to a vehicle.
(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,
the board may issue a cease and desist order prohibiting any person from violating the
provisions of this chapter by engaging in the business or profession of a utility contractor
without a license as required under this chapter or by constructing, erecting, altering, or
repairing a utility system without a properly certified utility manager or properly certified
utility foreman present at such job site.
(d) The violation of any cease and desist order of the board issued under subsection (c) of
this Code section shall subject the person violating the order to further proceedings before
the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for
each violation thereof. Each day that a person practices in violation of this Code section
and chapter or constructs, erects, alters, or repairs a utility system without a properly
certified utility manager or properly certified utility foreman present at such job site shall
constitute a separate violation.
(e) 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.
<del>43-14-13</del> <ins>43-14-19.
</ins> (a) This chapter shall apply to all installations, alterations, and repairs of plumbing,
air-conditioning and heating, or electrical or <del>low-voltage</del> low voltage wiring or utility
systems within or on public or private buildings, structures, or premises except as otherwise
provided in this Code section.
(b) Any person <del>who</del> <ins>that</ins> holds a license issued under this chapter may engage in the
business of plumbing <ins>contracting,</ins> electrical contracting, conditioned air contracting,
<del>low-voltage</del> <ins>low voltage</ins> contracting, or utility contracting but only as prescribed by the
license, throughout the state; and except as provided in Code Section <del>43-14-12</del> <ins>43-14-16,
</ins> no municipality or county may require such person to comply with any additional licensing
requirements imposed by such municipality or county.
(c) This chapter shall not apply to:
<ins>(1) The</ins> <del>the</del> installation, alteration, or repair of plumbing, air-conditioning and heating,
utility systems, or electrical services, except <del>low-voltage</del> <ins>low voltage</ins> wiring services, up
to and including the meters where such work is performed by and is an integral part of
the system owned or operated by a public service corporation, an electrical, water, or gas
department of any municipality in this state, a railroad company, a pipeline company, or
a mining company in the exercise of its normal function as such.;
<ins>(2) Low voltage wiring performed by public utilities, except that the portion of the
business of public utilities which involves the installation, alteration, repair, or service
of telecommunication systems for profit shall be covered under this chapter;
(3) The installation, construction, or maintenance of power systems or
telecommunication systems for the generation or distribution of electric current
</ins>
<ins>constructed under the National Electrical Safety Code, which regulates the safety
requirements of utilities; but the interior wiring regulated by the National Electrical
Safety Code shall not be exempt and must be done by an electrical contractor, except as
otherwise provided by law;
(4) Any technician employed by a municipal or county franchised community antenna
television (CATV) system or a municipally owned CATV system in the performance of
work on the system;
(5) Regular full-time employees of an institution, manufacturer, or business who perform
plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting
when working on the premises of their employer;
(6) A contractor certified by the Department of Public Health to make the connection to
any on-site waste-water management system from the stub out exiting the structure to an
on-site waste-water management system;
(7) Any employee or authorized agent of a regulated gas utility or municipally owned
gas utility while in the course and scope of such employment; or
(8) Persons licensed as manufactured or mobile home installers by the state fire marshal
when:
(A) Coupling the electrical connection from the service entrance panel outside the
manufactured housing to the distribution panel board inside the manufactured housing;
(B) Connecting the exterior sewer outlets to the aboveground sewer system; or
(C) Connecting the exterior water line to the aboveground water system.
</ins> (d) This chapter shall not prohibit:
<ins>(1) An</ins> <del>an</del> individual from installing, altering, or repairing plumbing fixtures,
air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or
electrical or <del>low-voltage</del> <ins>low voltage</ins> wiring services in a residential dwelling owned or
occupied by such individual; provided, however, that all such work must be done in
conformity with all other provisions of this chapter, the rules and regulations of the board,
and any applicable county or municipal resolutions, ordinances, codes, or inspection
requirements.;
<ins>(e)(2) An</ins> <del>This chapter shall not prohibit an</del> individual employed on the maintenance staff
of a facility owned by the state or by a county, municipality, or other political subdivision
from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and
heating fixtures, utility systems, or electrical or <del>low-voltage</del> <ins>low voltage</ins> wiring services
when such work is an integral part of the maintenance requirements of the facility;
provided, however, that all such work must be done in conformity with all other
provisions of this chapter and the orders, rules, and regulations of the board.;
<ins>(f)(3) Any</ins> <del>This chapter shall not prohibit any</del> person from installing, altering, or
repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility
systems, or electrical or <del>low-voltage</del> <ins>low voltage</ins> wiring services in a farm or ranch
service building or as an integral part of any irrigation system on a farm or ranch when
such system is not located within 30 feet of any dwelling or any building devoted to
animal husbandry. Nothing in this subsection shall be construed to limit the application
of any resolution, ordinance, code, or inspection requirements of a county or municipality
relating to such connections.;
<ins>(4) Any person from installing, altering, or repairing the plumbing component of a lawn
sprinkler system from a backflow preventer which was installed by a licensed plumber;
provided, however, that all such work must be done in conformity with all other
provisions of this chapter, the rules and regulations of the board, and ordinances of the
county or municipality; or
(5) Any propane dealer that is properly insured as required by law and that holds a
liquefied petroleum gas license issued by the Safety Fire Commissioner from installing,
repairing, or servicing a propane system or the gas piping or components of such system;
provided, however, that such propane dealers shall be prohibited from performing the
</ins>
<ins>installation of conditioned air systems or forced air heating systems unless licensed to do
so under this chapter.
</ins> <del>(g) This chapter shall not apply to low-voltage wiring performed by public utilities, except
that such portion of the business of those public utilities which involves the installation,
alteration, repair, or service of telecommunication systems for profit shall be covered under
this chapter.
(h) This chapter shall not apply to the installation, construction, or maintenance of power
systems or telecommunication systems for the generation or distribution of electric current
constructed under the National Electrical Safety Code, which regulates the safety
requirements of utilities; but the interior wiring regulated by the National Electrical Safety
Code would not be exempt and must be done by an electrical contractor except as
otherwise provided by law.
(i) This chapter shall not apply to any technician employed by a municipal or
county-franchised community antenna television (CATV) system or a municipally owned
community antenna television system in the performance of work on the system.
(j) This chapter shall not apply to regular full-time employees of an institution,
</del> 1000 <del>manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility
</del> 1001 <del>contracting, or conditioned air contracting when working on the premises of that employer.
</del> 1002 <del>(k) This chapter shall not apply to persons licensed as manufactured or mobile home
</del> 1003 <del>installers by the state fire marshal when:
</del> 1004 <del>(1) Coupling the electrical connection from the service entrance panel outside the
</del> 1005 <del>manufactured housing to the distribution panel board inside the manufactured housing;
</del> 1006 <del>(2) Connecting the exterior sewer outlets to the above-ground sewer system; or
</del> 1007 <del>(3) Connecting the exterior water line to the above-ground water system.
</del> 1008 <ins>(l)(e)</ins> Any person qualified by the Department of Transportation to perform work for the
1009 department shall not be required to be licensed under:
1010 <ins>(1)</ins> Code Section <del>43-14-8.2</del> <ins>43-14-10</ins> or certified under Code Sections <del>43-14-8.3
</del> 1011 <ins>43-14-11</ins> and <del>43-14-8.4</del> <ins>43-14-12</ins> in order to perform work for the department. <del>Any
</del> 1012 <del>person qualified by the Department of Transportation to perform work for the department
</del> 1013 <del>shall not be required to be licensed under;</del> <ins>or
</ins> 1014 <ins>(2)</ins> Code Section <del>43-14-8.2</del> <ins>43-14-10</ins> or certified under Code Sections <del>43-14-8.3
</del> 1015 <ins>43-14-11</ins> and <del>43-14-8.4</del> <ins>43-14-12</ins> in order to perform work for a county, municipality,
1016 authority, or other political subdivision when such work is of the same nature as that for
1017 which the person is qualified when performing department work; provided, however, that
1018 such work is not performed on a utility system as defined in paragraph <del>(17)</del> <ins>(23)</ins> of Code
1019 Section 43-14-2 for which the person receives compensation.
1020 <del>(m) This chapter shall not prohibit any person from installing, altering, or repairing the
</del> 1021 <del>plumbing component of a lawn sprinkler system from a backflow preventer which was
</del> 1022 <del>installed by a licensed plumber; provided, however, that all such work must be done in
</del> 1023 <del>conformity with all other provisions of this chapter, the rules and regulations of the board,
</del> 1024 <del>and ordinances of the county or municipality.
</del> 1025 <del>(n)(f)</del> Any person who contracts with a licensed conditioned air contractor:
1026 <ins>(1) As</ins> <del>as</del> part of a conditioned air contract to install, alter, or repair duct systems, control
1027 systems, or insulation is not required to hold a license from the Division of Conditioned
1028 Air Contractors. The conditioned air contractor must retain responsibility for completion
1029 of the contract, including any subcontracted work.;
1030 <ins>(2) To</ins> <del>Any person who contracts with a licensed conditioned air contractor to</del> perform
1031 a complete installation, alteration, or repair of a conditioned air system must hold a valid
1032 license from the Division of Conditioned Air Contractors.; <ins>or
</ins> 1033 <ins>(3) To</ins> <del>Any person who contracts to</del> perform for or on behalf of a conditioned air
1034 contractor <del>to install, alter, or repair electrical, low-voltage</del> <ins>the installation, alteration, or
</ins> 1035 <ins>repair of the electrical, low voltage,</ins> or plumbing components of a conditioned air system
1036 must hold a valid license from the appropriate division of the board.
1037 <del>(o) This chapter shall not prohibit any propane dealer who is properly insured as required
</del> 1038 <del>by law and who holds a liquefied petroleum gas license issued by the Safety Fire
</del> 1039 <del>Commissioner from installing, repairing, or servicing a propane system or the gas piping
</del> 1040 <del>or components of such system; provided, however, that such propane dealers shall be
</del> 1041 <del>prohibited from performing the installation of conditioned air systems or forced air heating
</del> 1042 <del>systems unless licensed to do so under this chapter.
</del> 1043 <del>(p) This chapter shall not apply to any employee or authorized agent of a regulated gas
</del> 1044 <del>utility or municipal owned gas utility while in the course and scope of such employment.
</del> 1045 <del>(q)(g)</del> Any utility contractor holding a valid utility contractor's license under this chapter
1046 shall be authorized to bid for and perform work on any utility system in this state without
1047 obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a
1048 utility system or anyone soliciting work to be performed on a utility system to refuse to
1049 allow a utility contractor holding a valid utility contractor's license under this chapter to bid
1050 for or perform work on a utility system on the basis that such contractor does not hold a
1051 license under Chapter 41 of this title.
1052 <del>43-14-14</del> <ins>43-14-20.
</ins> 1053 Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction
1054 thereof, shall be fined not more than <del>$1,000.00</del> <ins>$3,000.00</ins> or imprisoned for not more than
1055 six months, or both.
1056 <del>43-14-15</del> <ins>43-14-21.
</ins> 1057 (a) As used in this Code section, the term:
1058 (1) 'Discharge' means an honorable discharge or a general discharge from active military
1059 service. Such term shall not mean a discharge under other than honorable conditions, a
1060 bad conduct discharge, or a dishonorable discharge.
1061 (2) 'Military' means the armed forces of the United States or a reserve component of the
1062 armed forces of the United States, including the National Guard.
1063 (b) A committee composed of the division director, members of the Governor's Office of
1064 Workforce Development, and members of the relevant divisions of the licensing board
1065 representing the profession for which the applicant is seeking a license shall determine the
1066 military specialties or certifications the training or experience for which substantially meets
1067 or exceeds the requirements to obtain a license for Electrical Contractor Class I,
1068 Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The
1069 Governor shall designate a chairperson from among the members of the committee.
1070 (c) Any current or former member of the military may apply to the licensing board for the
1071 <del>immediate</del> <ins>expedited</ins> issuance of a license or certification based upon his or her having
1072 obtained a military specialty or certification, the training or experience for which
1073 substantially meets or exceeds the requirements to obtain a license or certification
1074 identified in subsection (b) of this Code section.
1075 <ins>(d)</ins> In order to qualify under this subsection, an applicant shall make application not later
1076 than two years after his or her discharge. The licensing board, in its discretion, may by rule
1077 or regulation extend such two-year period for a license or certification, or class thereof, or
1078 may extend such two-year period for an individual applicant if certain circumstances,
1079 including, but not limited to, health, hospitalization, or other related emergencies or
1080 exigencies, prevented the member of the military from making an application.
1081 <ins>(e)</ins> Such application shall be in such form and shall require such documentation as the
1082 division director shall determine. If the applicant satisfies the requirements of this Code
1083 section, the division director shall direct the appropriate division to issue the appropriate
1084 license, and the division shall immediately issue such license; provided, however, that the
1085 applicant shall satisfy all financial and insurance requirements for the issuance of such
1086 license. This Code section shall only apply to the initial issuance of a license. After the
1087 initial issuance of a license, the licensee shall be subject to any provisions relating to the
1088 renewal of the license applicable to all licensees.
1089 <ins>43-14-22.
</ins> 1090 <ins>The board may establish a process through rules and regulations for licenses issued under
</ins> 1091 <ins>this chapter to be placed on inactive status and the qualifications necessary for such
</ins> 1092 <ins>licenses to be returned to active status; provided, however, that engaging in any conduct
</ins> 1093 <ins>that requires a license under this chapter while holding an inactive license shall be
</ins> 1094 <ins>considered an unlicensed practice and shall be prohibited."
</ins> 1095 SECTION 1-2.
1096 Said title is further by revising Code Section 43-15-9, relating to professional engineer
1097 certificate of registration and eligibility, as follows:
1098 "43-15-9.
1099 To be eligible for a certificate of registration as a professional engineer, an applicant must
1100 meet the following minimum requirements:
1101 (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1)
1102 of Code Section 43-15-8;
1103 (B) Acquire a specific record of not less than four years' experience in engineering
1104 work of a character satisfactory to the board which indicates the applicant is competent
1105 to practice professional engineering; and
1106 (C) <del>Subsequently pass</del> <ins>Pass</ins> a written examination in the principles and practice of
1107 engineering (professional engineer's examination);
1108 (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2)
1109 of Code Section 43-15-8;
1110 (B) Acquire a specific record of not less than seven years' experience in engineering
1111 work of a character satisfactory to the board which indicates the applicant is competent
1112 to practice professional engineering; and
1113 (C) <del>Subsequently pass</del> <ins>Pass</ins> a written examination in the principles and practice of
1114 engineering (professional engineer's examination);
1115 (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3)
1116 of Code Section 43-15-8;
1117 (B) Acquire a specific record of not less than seven years' experience in engineering
1118 work of a character satisfactory to the board which indicates the applicant is competent
1119 to practice professional engineering; and
1120 (C) <del>Subsequently pass</del> <ins>Pass</ins> a written examination in the principles and practice of
1121 engineering (professional engineer's examination); or
1122 (4)(A) Graduate in an engineering or related science curriculum of not less than four
1123 academic years;
1124 (B) Acquire a specific record of not less than 16 years' experience in engineering work,
1125 of which at least eight years have been in responsible charge of important engineering
1126 work of a character satisfactory to the board, which indicates the applicant is competent
1127 to practice professional engineering; and
1128 (C) <del>Subsequently pass</del> <ins>Pass</ins> a written examination in the principles and practice of
1129 engineering (professional engineer's examination)."
1130 PART II
1131 SECTION 2-1.
1132 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
1133 is amended by adding a new Code section to read as follows:
1134 <ins>"43-1-4.1.
</ins> 1135 <ins>(a) As used in this Code section, the term:
</ins> 1136 <ins>(1) 'License' means any document, permit, certificate of registration, or other
</ins> 1137 <ins>authorization issued by or on behalf of a professional licensing board that is required for
</ins> 1138 <ins>a person to engage in a profession, business, or trade.
</ins> 1139 <ins>(2) 'Licensee' means any person who is required to be licensed or who is actually
</ins> 1140 <ins>licensed by a professional licensing board.
</ins> 1141 <ins>(b) The office of the Secretary of State, on behalf of all professional licensing boards under
</ins> 1142 <ins>its jurisdiction that require continuing education, shall establish a continuing education
</ins> 1143 <ins>tracking solution to monitor compliance of licensees with applicable continuing education
</ins> 1144 <ins>requirements and to determine whether a licensee is in full compliance with such
</ins> 1145 <ins>requirements at the time of making application for license renewal. Such tracking solution
</ins> 1146 <ins>may be an off-premises hosted software-as-a-service application accessible through a
</ins> 1147 <ins>public website. The Secretary of State may contract with third parties to implement,
</ins> 1148 <ins>integrate, or otherwise provide such tracking system.
</ins> 1149 <ins>(c) On and after January 1, 2026, a professional licensing board shall not renew a license
</ins> 1150 <ins>until the applicant has complied with all applicable continuing education requirements as
</ins> 1151 <ins>verified using the continuing education tracking solution required by subsection (b) of this
</ins> 1152 <ins>Code section. Nothing in this subsection shall prohibit a professional licensing board from
</ins> 1153 <ins>granting a waiver or imposing additional penalties as otherwise provided by law or by the
</ins> 1154 <ins>rules or regulations of the applicable board for failure to comply with continuing education
</ins> 1155 <ins>requirements.
</ins> 1156 <ins>(d) The professional licensing boards and the division director may adopt any rules and
</ins> 1157 <ins>regulations necessary to implement this Code section."
</ins>
1158 PART III
1159 SECTION 3-1.
1160 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is
1161 amended in:
1162 (1) Code Section 8-2-26, relating to enforcement of codes generally, employment and
1163 training of inspectors, and contracts for administration and enforcement of codes, in
1164 subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section
1165 43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16".
1166 (2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing
1167 "43-14-8.1" with "43-14-9".
1168 SECTION 3-2.
1169 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
1170 amended in:
1171 (1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive
1172 telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low
1173 voltage".
1174 (2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and
1175 activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage".
1176 (3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions
1177 of the Code, in subsection (c), by replacing "low-voltage" with "low voltage".
1178 (4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not
1179 exclusive and construction with other provisions of the Code, in subsection (b), by
1180 replacing "low-voltage" with "low voltage".
1181 SECTION 3-3.
1182 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
1183 in Code Section 36-60-12.1, relating to fence detection systems, definition, and utilization,
1184 by revising paragraph (b)(1) as follows:
1185 "(1) Treat fence detection systems in all zoning and permitting matters exclusively as
1186 alarm systems as such term is defined in <del>paragraph (.1) of</del> Code Section 43-14-2; and"
1187 SECTION 3-4.
1188 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
1189 is amended in:
1190 (1) Code Section 43-41-2, relating to definitions relative to residential and commercial
1191 general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage".
1192 (2) Code Section 43-41-17, relating to effective date of licensing and sanctioning
1193 provisions, unenforceable contracts, compliance with county or municipal requirements,
1194 exemption for DOT contractors, and other exceptions, in subsection (e), by replacing
1195 "low-voltage" with "low voltage".
1196 SECTION 3-5.
1197 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public
1198 transportation, is amended in:
1199 (1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High
1200 Voltage".
1201 (2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with
1202 "high voltage".
1203 (3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing
1204 "High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing
1205 "high-voltage" with "high voltage".
1206 (4) Code Section 46-3-33, relating to required conditions for commencing work within ten
1207 feet of high-voltage line, in the introductory language and in paragraph (2), by replacing
1208 "high-voltage" with "high voltage".
1209 (5) Code Section 46-3-34, relating to utilities protection center, funding of activities,
1210 notice of work, delay, and responsibility for completing safety requirements, by replacing
1211 "high-voltage" with "high voltage" each time the term appears.
1212 (6) Code Section 46-3-35, relating to allocation of expense of precautionary measures
1213 taken pursuant to public highway construction, by replacing "high-voltage" with "high
1214 voltage".
1215 (7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical
1216 engineering system or other entities, in subsection (b), by replacing "high-voltage" with
1217 "high voltage" both times the term appears.
1218 (8) Code Section 46-3-39, relating to restriction on liability of owners and operators of
1219 high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage"
1220 with "high voltage" each time the term appears.
1221 (9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage,
1222 indemnification, and liability for cost of delay, by replacing "high-voltage" with "high
1223 voltage" each time the term appears.
1224 PART IV
1225 SECTION 4-1.
1226 All laws and parts of laws in conflict with this Act are repealed.