Senate Bill 553
By: Senators Hatchett of the 50th, Walker III of the 20th, Cowsert of the 46th, Brass of the
6th, Payne of the 54th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
businesses, so as to repeal Chapter 14, relating to electrical contractors, plumbers,
conditioned air contractors, low voltage contractors, and utility contractors, and enact a new
Chapter 14; to provide for the State Construction Industry Licensing Board; to provide for
the Division of Electrical Contractors; to provide for the Division of Master Plumbers; to
provide for the Division of Conditioned Air Contractors; to provide for the Division of Low
Voltage Contractors; to provide for the Division of Utility Contractors; to provide for
membership, powers, and duties of each; to provide for licensure or certification within the
fields of plumbing, electrical, air conditioning, low voltage, and utility contracting; to
provide for application; to provide for requirements for licensure or certification; to provide
for recertification; to provide for continuing education; to provide for prohibitions; to provide
for exceptions; to provide for reciprocity; to provide for licensing or certification of current
or former members of the military; to provide for a misdemeanor; to provide for definitions;
to provide for legislative intent; to provide for conformity with federal law; to amend Code
Section 48-7-38 of the Official Code of Georgia Annotated, relating to deduction for
payments to classified subcontractors, disclosure of tax returns, and maintenance of list of
classified subcontractors, so as to provide for a definition; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended by adding a new paragraph to subsection (d) of Code Section 43-1-34, relating
to licenses for transitioning members of the armed forces, to read as follows:
<ins>"(5) The provisions of this subsection shall be cumulative to those provided in 50 U.S.C.
Section 4025a, and nothing in this subsection shall be interpreted as limiting or imposing
additional obligations on portability pursuant to 50 U.S.C. Section 4025a."
</ins> SECTION 2.
Said title is further amended by repealing Chapter 14, relating to electrical contractors,
plumbers, conditioned air contractors, low voltage contractors, and utility contractors, and
enacting a new Chapter 14 to read as follows:
<ins>"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, low voltage wiring, utility contracting, or conditioned air installations.
The practices of electrical contracting, plumbing contracting, low voltage 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.
</ins>
<ins>43-14-2.
As used in this chapter, the term:
(1) '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 life safety event.
Such term shall also include any alarm system communication system used or required
to transmit notice of a life safety or intrusion event to a local or remote monitoring
facility.
(2) 'Board' means the State Construction Industry Licensing Board.
(3) 'Conditioned air contracting' means the installation, repair, or service of conditioned
air systems or conditioned air equipment, which includes, but is not limited to, the service
to or installation of the electrical circuit from the electrical distribution panel to the
conditioned air equipment, provided that the electrical service to the building or site is
a single-phase electrical circuit not exceeding 200 amperes performed by conditioned air
contractors licensed under this chapter.
(4) 'Conditioned air contractor' means any person engaged in conditioned air contracting
under express or implied contract or that bids for, offers to perform, purports to have the
capacity to perform, or does perform conditioned air contracting services under express
or implied contract.
(5) 'Conditioned Air Contractor Class I' means any individual licensed under this chapter
to conduct business as a Residential and Light Commercial entity for air conditioning and
heat pump systems of 60,000 BTUs of cooling or less, and for gas heating systems of
175,000 BTUs or less. The scope of practice for a Conditioned Air Contractor Class I
shall include, but is not limited to, the business of permitting jobs, bidding on projects,
and performing maintenance, service, and repairs of equipment and components, as well
as installing new equipment and components, including ductwork, refrigerant lines, gas
piping, controls, and accessories.
</ins>
<ins>(6) 'Conditioned Air Contractor Class II' means any individual licensed under this
chapter to conduct business as a residential and commercial entity, without limitations
or restrictions on project size or equipment types, except for the installation of boilers,
which is licensed under the Office of the Commissioner of Insurance and Safety Fire.
The scope of practice for a Conditioned Air Contractor Class II shall include, but is not
limited to, the design, bidding, permitting, and the performance of maintenance, service,
and repairs of equipment and components, as well as the installation of new and
replacement systems, including split air conditioning and heat pump systems, package
units, variable refrigerant flow systems, chillers, ventilation systems, and all associated
components.
(7) 'Conditioned air equipment' means heating and air conditioning equipment covered
under state codes and the fuel gas piping system on the outlet side of the gas meter.
(8) '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
low voltage contracting.
(9) 'Electrical contractor' means any individual licensed under this chapter as Electrical
Contractor Class I or Electrical Contractor Class II by the Division of Electrical
Contractors, engaged in the business of electrical contracting under express or implied
contract or that bids for, offers to perform, purports to have the capacity to perform, or
does perform electrical contracting services under express or implied contract.
(10) 'Electrical Contractor Class I' means any individual licensed under this chapter by
the Division of Electrical Contractors to perform work as an electrical contractor on
residential multifamily structures of not more than two levels or single-family dwellings
of up to three levels, provided that structures shall have single-phase electrical
installations which do not exceed 400 amperes at the service drop or the service lateral.
</ins>
<ins>(11) 'Electrical Contractor Class II' means any individual licensed under this chapter by
the Division of Electrical Contractors to perform work as an electrical contractor without
restriction, including, but not limited to, the installation of raceway systems, including
pull boxes, junction boxes, conduit bodies, service entrances, metering devices, cabinets,
switchboards, service risers, and fasteners, overcurrent protective devices, disconnecting
means, ground electrodes, main bonding jumpers, ground fault protectors, switches,
disconnects, and controls that supply lighting fixtures, appliances, electrical circuits,
controls for heating and air conditioning equipment, and other utilization and general use
equipment, according to installation requirements set by the state minimum standard
codes, the National Electrical Code, and any successor code.
(12) 'Executive director' means the executive director of the State Construction Industry
Licensing Board.
(13) 'Full-time experience' means working at least 2,000 hours in a calendar year in a
qualifying capacity, with each 2,000 hours of documented work equating to one year of
experience for purposes of licensure or qualifications requirements.
(14) 'General low voltage system' means any electrical system, other than an alarm or
telecommunications system, that involves low voltage wiring and consists of a group or
combination of interconnected components functioning together to perform a specific
purpose using low voltage power or signaling, including devices, wiring, control
equipment, software, and network connections operating as a single, integrated system.
(15) 'Journeyman plumber' means any individual licensed under this chapter by the
Division of Master Plumbers and Journeyman Plumbers who engages in the installation,
maintenance, alteration, or repair of piping, fixtures, and appliances, including water
heaters, and all appurtenances thereto, in connection with sanitary drainage systems,
storm drainage systems, venting systems, fuel gas piping systems on the outlet side of
tanks or gas meters, or public or private water supply systems, whether located within or
adjacent to any building, structure, conveyance, or manhole under the direction of a
</ins>
<ins>plumbing contractor. A journeyman plumber shall have the ability to install or service
a single phase of the electrical connection between the electrical disconnect and water
heater, plumbing appliance or appurtenance, provided that the work performed adheres
to the state minimum standard plumbing code, state minimum electrical code, and state
minimum standard fuel gas code.
(16) 'License' means a valid license or certification issued by a division of the board,
which authorizes the named person to engage in the activity prescribed thereon.
(17) 'Low voltage contracting' means the installation, alteration, service, or repair of a
power limited or signal based system that utilizes low voltage wiring and components to
transmit information, control devices, or monitor conditions. Such term shall not include
electrical power distribution systems.
(18) 'Low voltage contractor' means any person licensed under this chapter by the
Division of Low Voltage Contractors who purports to have the capacity to perform, or
does perform low voltage contracting services under express or implied contract,
including the installation, alteration, servicing, or repair of integrated systems made up
of wiring, devices, software, and networked components that function together as a
complete solution.
(19) 'Low Voltage Contractor Class LV-A' means any individual licensed under this
chapter by the Division of Low Voltage Contractors to perform work restricted to alarm
systems and general low voltage systems.
(20) 'Low Voltage Contractor Class LV-G' means any individual licensed under this
chapter by the Division of Low Voltage Contractors to perform work restricted to general
low voltage systems.
(21) 'Low Voltage Contractor Class LV-T' means any individual licensed under this
chapter by the Division of Low Voltage Contractors to perform work restricted to
telecommunications systems and general low voltage systems.
</ins>
<ins>(22) 'Low Voltage Contractor Class LV-U' means any individual licensed under this
chapter by the Division of Low Voltage Contractors to engage in low voltage contracting
without limitation as to specialty or system type, and who is authorized to design, install,
alter, service, repair, and maintain all low voltage systems, including general low voltage
systems, alarm and life-safety systems, and telecommunications systems for voice, data,
and network infrastructure, based on demonstrated competence across multiple low
voltage disciplines.
(23) 'Low voltage wiring' means wiring systems and associated control circuits which
include, but are not limited to:
(A) Wiring systems of 50 volts or less;
(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 low voltage wiring system involved
or installed from a suitable junction box.
(24) 'Master Plumber Class I' means any individual licensed under this chapter by the
Division of Master Plumbers and Journeyman Plumbers, who is authorized to perform
plumbing work and contract for on residential single-family dwellings, townhomes, and
multifamily dwellings, including duplexes, hotels, motels, and apartment buildings, not
exceeding three stories in height, and on commercial buildings not exceeding 20,000
square feet in total building area.
(25) 'Master Plumber Class II' means any individual licensed under this chapter by the
Division of Master Plumbers and Journeyman Plumbers, who is authorized to perform
work and contract for all scopes of plumbing work, without limitation, as defined in the
state minimum standard plumbing code and the state minimum standard fuel gas code.
</ins>
<ins>Such work shall include, but is not limited to, plumbing work on commercial buildings
of any size; industrial facilities; institutional occupancies; multistory structures of any
occupancy classification; and specialized use facilities.
(26) 'Plumbing' means:
(A) The 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, conveyance, or manhole; and
(B) The 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.
(27) 'Plumbing contractor' means any person licensed under this chapter as a Master
Plumber Class I or Master Plumber Class II by the Division of Master Plumbers and
Journeyman Plumbers, who is engaged in the business of plumbing contracting, including
bidding for, offering to perform, purporting to have the capacity to perform, or
performing plumbing contracting services under an express or implied contract, and who
is responsible for obtaining required permits, ensuring compliance with applicable codes,
coordinating inspections, performing or correcting work as necessary, and securing final
approval of permitted work. Such term shall not include a licensed journeyman plumber.
(28) 'Telecommunications system' means a system of transmission facilities, conductors,
equipment, and associated apparatus used to convey voice, data, video, or other
information by electromagnetic means, whether wired or wireless, consistent with
telecommunications circuits and systems recognized under the state minimum standard
codes, including systems capable of local or remote monitoring, management, or
administration through secured access.
</ins>
<ins>(29) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have
constructed, erected, altered, or repaired any utility system.
(30) 'Utility contractor' means a sole proprietorship, partnership, or corporation licensed
under this chapter by the Division of Utility Contractors 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.
(31) 'Utility foreman' means any individual certified under this chapter by the Division
of Utility Contractors who is employed by a licensed utility contractor to directly
supervise a project performing the construction, erection, alteration, or repair of utility
systems in the field.
(32) 'Utility manager' means any individual certified under this chapter by the Division
of Utility Contractors who is employed by a licensed utility contractor to oversee multiple
projects performing the construction, erection, alteration, or repair of utility systems.
(33) '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.
</ins>
<ins>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, in
accordance with Code Section 43-1-2.
(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 professional engineer engaged in electrical practice, another of whom shall have
experience as an inspector with electrical inspection duties of a county or municipality
or a third-party inspector regularly providing inspections to a county or municipality, and
the remaining three of whom shall be licensed electrical contractors in this state;
(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers,
one of whom shall have experience as an inspector with plumbing inspection duties of
a county or municipality or a third-party inspector regularly providing inspections to 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 have experience as an inspector with conditioned air inspection duties of a county
or municipality or a third-party inspector regularly providing inspections to 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 Low Voltage Contractors, one of whom shall
be a Low Voltage Contractor Class LV-A, one of whom shall be a Low Voltage
Contractor Class LV-U, one of whom shall be a Low Voltage Contractor Class LV-T, one
of whom shall be a professional electrical engineer, and one of whom shall have
</ins>
<ins>experience as an inspector with electrical inspection duties of a county or municipality
or contracted by a county or municipality to perform electrical inspections;
(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 utility contracting, low
voltage contracting, 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. Each member shall serve until a successor has been duly
appointed and qualified. Members shall be eligible for reappointment. Vacancies
occurring prior to the expiration of a term, for whatever cause, shall be filled by
appointment of the Governor for the unexpired portion of the term. Any member who
ceases to meet the qualifications required for original appointment during the member's
term shall automatically forfeit membership on the board.
(d) Each member of the board shall take an oath of office before the Governor or the
Governor's designee to faithfully perform the duties of such office.
(e) 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.
(f) Members of the board shall be reimbursed as provided for in subsection (f) of Code
Section 43-1-2.
</ins>
<ins>43-14-4.
(a) The board chairperson shall be rotated among the five divisions enumerated in Code
Section 43-14-3. In the instance of a vacancy by the board chairperson, the members of
the board shall select a current member to serve the former board chairperson's unexpired
term. The individual selected to fill the vacancy shall be a member of the same division
as the previous board chairperson.
(b) The board shall meet at the call of the board chairperson or upon the recommendation
of a majority of its members.
(c) Each division within the board shall also elect from its membership a division
chairperson who shall serve for a term of two years. Any vacancy in the office of division
chairperson shall be filled by one of the members for the unexpired term.
(d) Any member elected division chairperson 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 division director and staff of the board.
(f) Each division shall meet at the call of its division 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, low voltage contractors,
</ins>
<ins>utility contractors, or conditioned air contractors and in the certification of utility
contracting foremen, provided that such other states have requirements substantially
similar 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 modify such seal as the board deems necessary;
(4) Establish rules and regulations, consistent with this chapter, for the protection of the
health, safety, and welfare of the public and for regulating the licensing of electrical
contracting, plumbing contracting, low voltage contracting, utility contracting, and
conditioned air contracting professionals; and
(5) Upon notice and hearing authorized and conducted in accordance with Code Section
43-14-17 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.
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 a Master Plumber Class I,
Master Plumber Class II, or journeyman plumber; the Division of Low Voltage
Contractors, with respect to applicants for a license to engage in or licensees engaging in
the business of low voltage 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
</ins>
<ins>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) Assess and approve examination requirements for each class or type of license or
certificate issued under this chapter, as follows:
(A) The Division of Electrical Contractors shall approve separate examinations for
Electrical Contractor Class I and Electrical Contractor Class II;
(B) The Division of Master Plumbers and Journeyman Plumbers shall approve separate
examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman
Plumbers;
(C) The Division of Conditioned Air Contractors shall approve separate examinations
for Conditioned Air Contractor Class I and Conditioned Air Contractor Class II; and
(D) The Division of Low Voltage Contractors shall approve separate examinations for
Low Voltage Contractor Class LV-A, Low Voltage Contractor Class LV-T, Low
Voltage Contractor Class LV-G, and Low Voltage Contractor Class LV-U;
(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) Low Voltage Contractor Class LV-A;
(I) Low Voltage Contractor Class LV-T;
(J) Low Voltage Contractor Class LV-G;
</ins>
<ins>(K) Low Voltage Contractor Class LV-U;
(L) Utility Contractor;
(M) Utility Manager (certificate); and
(N) 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) Engaging in any fraudulent, deceptive, or dishonest conduct in the practice of the
profession regulated under this chapter that is likely to deceive, defraud, or harm the
public, including knowingly making misleading, deceptive, untrue, or fraudulent
representations in the practice of the profession or on any document connected
therewith;
(D) Knowingly aiding, abetting, assisting, or permitting any unlicensed or noncertified
person or entity to engage in the practice of the profession regulated under this chapter,
including by lending, leasing, renting, assigning, or otherwise allowing the use of one's
license, or by combining or conspiring with such person or entity to evade the
provisions of this chapter;
(E) Knowingly performing any act which in any way assists an unlicensed or
noncertified person to practice such profession;
</ins>
<ins>(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; or
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical
contracting, plumbing, low voltage 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, 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;
(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 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 43-14-16.
</ins>
<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 or her 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 the director, the board, the divisions of the board, or any
district attorney may deem necessary or advisable.
(c) In accordance with Code Section 43-1-2, the division director shall be authorized to
review each application for the issuance, renewal, or reinstatement of a license under this
chapter, and upon determining that an application satisfies all of the qualifications,
attainments, and other conditions required for the issuance, renewal, or reinstatement of a
particular license under this chapter and the rules and regulations promulgated pursuant to
this chapter, shall be authorized, on behalf of the board, to issue, renew, or reinstate the
license of the applicant.
43-14-8.
(a) As used in this Code section, the term 'division' means the Division of Electrical
Contractors.
(b)(1) No person shall engage in electrical contracting unless such person has a valid
license issued by the division.
(2) A person that is not licensed as an electrical contractor 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.
(c) The division shall certify all applicants for licensure under this Code section who
satisfy the requirements of this Code section.
</ins>
<ins>(d) 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 actively 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 any individual who fulfilled the licensing requirements shall continue to be
authorized to engage in the business of electrical 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, grant one additional 90 day grace period for such
partners, officers, and employees. It shall be the duty of all partnerships, limited liability
companies, and corporations qualified under this chapter to notify the appropriate division
within seven days of the severance of connection with such partnership, limited liability
company, or corporation of any person or persons upon whom such qualification rested.
(e) Any individual seeking to obtain a license as an Electrical Contractor Class I under the
provisions of this chapter shall file a completed application with division on a form
prescribed by the division, pay the required fees established by the State Construction
Industry Licensing Board, and meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Meet eligibility requirements according to one of the following criteria:
(A) At least three years of full-time experience in the electrical field as would be
covered by the Georgia Electrical Code, the National Electrical Code, or any successor
code, which shall mean working experience gained through the direct installation of
electrical systems and directly related activities of a type covered by the National
Electrical Code or its successor code. To satisfy the experiential requirements for
licensure as an Electrical Contractor Class I under this criteria, an applicant shall
demonstrate successful completion of electrical projects encompassing not fewer than
five of the experience areas described in divisions (i) through (vii) of this subparagraph
</ins>
<ins>and shall additionally demonstrate competency in the experience area described in
division (viii) of this subparagraph:
(i) Installation of raceway systems, including pull boxes, junction boxes, conduit
bodies, and the connections in the system and to cabinets, panelboards, switchboards,
and boxes;
(ii) Installation of conductors, including flexible cords, cables, splices, taps,
terminations, bonding jumpers, overcurrent protective devices, and metering devices,
in cabinets, panelboards, switchboards, boxes, and conduit, which meet all sizing,
ampacity, and voltage installation requirements;
(iii) Installation of service entrances, metering devices, cabinets, switchboards,
service risers and fasteners, overcurrent protective devices, disconnecting means,
ground electrodes, main bonding jumpers, and ground fault protectors, which meet
sizing, rating, clearances, and weatherproofing installation requirements;
(iv) Installation of motors and generators with feeders, branch circuits, overcurrent
protective devices, disconnect means, and controllers, which meet sizing, rating,
usage, and location requirements;
(v) Installation of switches, disconnects, and controls that supply lighting fixtures,
appliances, electrical circuits, controls for heating and air conditioning equipment,
and other utilization and general use equipment;
(vi) Installation of materials and equipment required for use in special occupancies
according to the state minimum standard codes;
(vii) Bonding of interior metal piping systems, installation of properly sized
equipment grounding conductors, grounding of exposed noncurrent carrying metal
parts of electrical equipment, and protection of grounding conductors from physical
damage; and
(viii) Determination of general lighting loads, minimum branch circuits, minimum
ampacity of conductors in feeder and branch circuits, maximum allowable conductor
</ins>
<ins>fill for raceways, net loads, using specified or optional methods, rates or demand
factors, and derating factors given in the state minimum standard codes; and
(B) Completed a two-year academic diploma or certificate program in electrical
contracting offered by an accredited technical college, university, or other institution
recognized by the division, and has completed two years of full-time experience, which
experience shall meet the definition of qualifying experience set forth in
subparagraph (A) of this paragraph and shall consist of work of a type covered by the
state minimum standard codes, or has successfully completed an electrical
apprenticeship program accredited or approved by the United States Department of
Labor;
(3) Submit a signed affidavit attesting to the applicant's completion of the experiential
requirements set forth in this subsection. Such affidavit shall be executed by the
supervising licensed contractor or, in the alternative, by a licensed architect, professional
engineer, or electrical engineer, and shall be made under oath. Where the applicant's
qualifying full-time experience was obtained under the supervision of more than one such
individual, a separate affidavit shall be submitted from each individual for the period of
experience supervised; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
(f) Any individual seeking to obtain a license as an Electrical Contractor Class II under the
provisions of this chapter shall file a completed application with the division on a form
prescribed by the division, shall pay the required fees established by the State Construction
Industry Licensing Board, and shall meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Meet one of the following criteria:
</ins>
<ins>(A) At least four years of full-time experience in the electrical field as would be
covered by the Georgia Electrical Code, the National Electrical Code, or any successor
code of which not less than two years shall have been in the installation, alteration, or
repair of three-phase electrical systems, including the following:
(i) Work involving electrical installations exceeding single-phase, 200 amperes, as
governed by the National Electrical Code or its successor code;
(ii) Installation of raceway systems, including pull boxes, junction boxes, conduit
bodies, and the connections in the system and to cabinets, panelboards, switchboards,
and boxes;
(iii) Installation of conductors, including flexible cords, cables, splices, taps,
terminations, bonding jumpers, overcurrent protective devices, and metering devices,
in cabinets, panelboards, switchboards, boxes, and conduit, which meet all sizing,
ampacity, and voltage installation requirements;
(iv) Installation of service entrances, metering devices, cabinets, switchboards,
service risers and fasteners, overcurrent protective devices, disconnecting means,
ground electrodes, main bonding jumpers, and ground fault protectors which meet all
sizing, rating, clearances, and weatherproofing installation requirements;
(v) Installation of motors and generators with feeders, branch circuits, overcurrent
protective devices, disconnect means, and controllers, which meet all sizing, rating,
usage, and location requirements;
(vi) Installation of switches, disconnects, and controls that supply lighting fixtures,
appliances, electrical circuits, controls for heating and air conditioning equipment,
and other utilization and general use equipment;
(vii) Installation of materials and equipment required for use in special occupancies
according to use and code installation requirements, as defined by the National
Electrical Code or its successor code;
</ins>
<ins>(viii) Bonding of interior metal piping systems, installation of properly sized
equipment grounding conductors, grounding of exposed noncurrent carrying metal
parts of electrical equipment, and protection of grounding conductors from physical
damage; and
(ix) Determination of general lighting loads, minimum branch circuits, minimum
ampacity of conductors in feeder and branch circuits, maximum allowable conductor
fill for raceways, net loads, using specified or optional methods, rates or demand
factors, and derating factors given in the state minimum standard codes;
(B) Completed a two-year academic diploma or certificate program in electrical
contracting offered by an accredited technical college, university, or other institution
recognized by the division, and has completed four years of full-time experience, of
which not less than two years shall have been in the installation, alteration, or repair of
three-phase electrical systems which experience shall meet the definition of qualifying
experience set forth in subparagraph (A) of this paragraph and shall consist of work of
a type covered by the Georgia Electrical Code, the National Electrical Code, or any
successor code; or
(C) Completed an electrical apprenticeship program accredited or approved by the
United States Department of Labor and has completed one year of full-time experience
in the installation, alteration, or repair of three-phase electrical systems which
experience shall meet the definition of qualifying experience set forth in paragraph (2)
of this subsection and shall consist of work of a type covered by the Georgia Electrical
Code, the National Electrical Code, or any successor code;
(3) Submit a signed affidavit attesting to the applicant's completion of the experiential
requirements set forth in this subsection. Such affidavit shall be executed by the
supervising licensed contractor or, in the alternative, by a licensed architect, professional
engineer, or electrical engineer, and shall be made under oath. Where the applicant's
qualifying full-time experience was obtained under the supervision of more than one such
</ins>
<ins>individual, a separate affidavit shall be submitted from each individual for the period of
experience supervised; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
(g) An application for a license under this Code section shall constitute express consent
and authorization for the Secretary of State or his or her representative to perform a
criminal background check. Each applicant who submits an application to the Secretary
of State for licensure agrees to provide the Secretary of State with any and all information
necessary to run a criminal background check, including, but not limited to, classifiable
sets of fingerprints. The applicant shall be responsible for all fees associated with the
performance of such background check.
(h) The decision of the division regarding the qualifications of licensure shall, in the
absence of fraud, be conclusive. All individuals, individuals serving as partners in
partnerships, applicants for limited liability companies, or applicants for corporations
desiring to engage in electrical contracting shall be licensed under this Code section before
engaging in such vocation and business, including at the local level.
(i) Any person or entity violating this Code section shall be subject to discipline and
penalties as provided in this chapter, including, but not limited to, license denial,
suspension, revocation, administrative fines, injunction, or any other lawful enforcement
action authorized by the division.
43-14-9.
(a) As used in this Code section, the term 'division' means the Division of Low Voltage
Contractors.
</ins>
<ins>(b) No person shall engage in alarm system, general low voltage system, or
telecommunications system low voltage contracting unless such person has a valid license
issued by the division.
(c) No individual, partnership, limited liability company, or corporation shall advertise,
offer, bid, contract, or perform, for compensation, Low Voltage General (LV-G), Low
Voltage Telecommunications (LV-T), Low Voltage Alarm (LV-A), or Low Voltage
Unrestricted (LV-U) work in this state unless such individual or entity holds a valid low
voltage contractor license issued by the division in the applicable classification.
(d) No partnership, limited liability company, or corporation shall have the right to engage
in the business of low voltage contracting unless there is regularly connected with such
partnership, limited liability company, or corporation a person or persons, actively engaged
in the performance of such business on a full-time basis and supervising the low voltage
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; 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.
(e) The division shall certify all applicants for licensure under this Code section who
satisfy the requirements of this Code section.
(f) It shall be the duty of all partnerships, limited liability companies, and corporations
qualified under this chapter to notify the appropriate division within seven days of the
severance of connection with such partnership, limited liability company, or corporation
of any person or persons upon whom such qualification rested.
</ins>
<ins>(g) Partnerships, limited liability companies, or corporations having more than one office
location from which low voltage contracting is performed shall have at least one person
stationed in each branch office of such partnership, limited liability company, or
corporation who is engaged in the performance of low voltage contracting on a full-time
basis; who is supervising the low voltage wiring systems installation, repair, alteration, and
service work of all employees of such branch office locations; and who has a valid license
issued as provided in this Code section.
(h) Any individual seeking to obtain a state-wide Low Voltage Contractor Class LV-G
license under the provisions of this chapter shall file a completed application with the
division on a form prescribed by the division, pay the required fees established by the State
Construction Industry Licensing Board, and meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Have completed at least one year of full-time experience performing low voltage
wiring in general low voltage systems under the direct supervision of a licensed Low
Voltage Class LV-U, LV-A, LV-T, or LV-G Contractor or another state equivalent
contractor, which experience shall have been obtained within six years immediately
preceding the date of application, and which shall include:
(A) The installation, alteration, service, or repair of power limited low voltage
electrical systems, including, but not limited to, intercom, public address, and sound
systems, residential and commercial low voltage audio systems, low voltage lighting
systems, including associated controls, transformers, and power supplies, and other
general power limited low voltage wiring systems that do not constitute alarm or
telecommunications systems; or
(B) Completion of coursework in electronics or low voltage systems through an
accredited technical college, university, or certificate program shall be credited toward
the experience requirement for low voltage general (LV-G), based on the actual
instructional time completed, up to a maximum of six months;
</ins>
<ins>(3) Submit a signed affidavit from the supervising Low Voltage Class LV-U, LV-A,
LV-T, or LV-G contractor(s), attesting to the applicant's completion of the experiential
requirements set forth in this subsection; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
(i) Any individual seeking to obtain a state-wide Low Voltage Contractor Class LV-T
license under the provisions of this chapter shall file a completed application with the
division on a form prescribed by the division, pay the required fees established by the State
Construction Industry Licensing Board, and meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Have completed a minimum of three years of full-time experience performing low
voltage wiring under the direct supervision of a licensed Low Voltage Class LV-U
Contractor, a licensed Low Voltage Class LV-T Contractor, another state equivalent
contractor, or the general manager of a tier 2 local exchange company, as defined in Code
Section 46-5-162, regardless of whether such general manager holds a Low Voltage Class
LV-U or LV-T Contractor license, which experience shall have been obtained within six
years immediately preceding the date of application and includes:
(A) At least one year of full-time experience performing low voltage wiring in general
low voltage systems. Qualifying experience under this subsection shall include the
installation, alteration, service, or repair of power limited low voltage electrical
systems, including, but not limited to:
(i) Intercom, public address, and sound systems;
(ii) Residential and commercial low voltage audio systems;
(iii) Low voltage lighting systems, including associated controls, transformers, and
power supplies; and
</ins>
<ins>(iv) Other general power limited low voltage wiring systems that do not constitute
alarm or telecommunications systems; or
(B) At least two years of full-time experience performing low voltage wiring in
telecommunications. Qualifying experience under this subsection may include work
involving installation, configuration, testing, administration, management, maintenance,
or repair of low voltage telecommunications systems, including, but not limited to, the
following:
(i) Telecommunications and communications systems, including voice and data
systems such as plain old telephone service, Voice over Internet Protocol,
telecommunications equipment connections, terminations, cross-connects, patching,
and related infrastructure;
(ii) Audio, video, and security systems, including residential and commercial audio
and video systems, video surveillance systems, intercom systems, public address
systems, access control systems, and power over ethernet based systems;
(iii) Networked and wireless systems, including residential and commercial Wi-Fi
systems, local area or home area network based systems, internet protocol networking
equipment such as routers, switches, hubs, and related devices, and distributed
antenna systems for voice and data communications; and
(iv) Fiber optic, commercial wireless, and other communications systems, including
fiber optic system installation, termination, testing, and management; commercial
wireless systems such as cellular and private communications systems, and
proprietary, specialized, or otherwise unregulated communications systems within the
scope of low voltage work; or
(C) Completion of coursework in electronics or low voltage systems through an
accredited technical college, university, or certificate program shall be credited toward
the experience requirement for low voltage general (LV-G), based on the actual
instructional time completed, up to a maximum of six months;
</ins>
<ins>(3) Submit a signed affidavit from the supervising Low Voltage Class LV-U or LV-T
contractor(s), or the general manager of a tier 2 local exchange company, as defined in
Code Section 46-5-162, regardless of whether such general manager holds a Low Voltage
Class LV-U or LV-T Contractor license, attesting to the applicant's completion of the
experiential requirements set forth in this subsection; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
(j) Any individual seeking to obtain a state-wide Low Voltage Contractor Class LV-A
license under the provisions of this chapter shall file a completed application with the
division on a form prescribed by the division, shall pay the required fees established by the
State Construction Industry Licensing Board, and shall meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Have completed a minimum of three years of full-time experience performing low
voltage wiring under the direct supervision of a licensed Low Voltage Class LV-U or
LV-A Contractor, or another state equivalent contractor, which experience shall have
been obtained within six years immediately preceding the date of application and
includes:
(A) At least one year of full-time experience performing low voltage wiring in general
systems. Qualifying experience under this subsection shall include the installation,
alteration, service, or repair of power limited low voltage electrical systems, including,
but not limited to:
(i) Intercom, public address, and sound systems;
(ii) Residential and commercial low voltage audio systems;
(iii) Low voltage lighting systems, including associated controls, transformers, and
power supplies; and
</ins>
<ins>(iv) Other general power limited low voltage wiring systems that do not constitute
alarm or telecommunications systems;
(B) At least two years of full-time experience performing low voltage wiring in alarm
systems. Qualifying experience under this paragraph shall include work involving the
installation, configuration, testing, administration, management, maintenance, or repair
of the following alarm systems and related technologies:
(i) Life safety alarm systems, including any alarm system designed, intended, or
configured to transmit life safety related alarm events to a central monitoring station
or other supervising entity;
(ii) Alarm system communication pathways, including the utilization of approved and
recognized transmission methods such as analog telephone lines, cellular networks,
internet based protocols, Voice over Internet Protocol, or other comparable
communication technologies; and
(iii) Alarm system planning and lifecycle activities, including the planning, design,
engineering, installation, programming, testing, inspection, servicing, repair, and
ongoing maintenance of proprietary or open-source alarm systems; and
(C) Completion of coursework in electronics or low voltage systems through an
accredited technical college, university, or certificate program shall be credited toward
the experience requirement for low voltage general (LV-G), based on the actual
instructional time completed, up to a maximum of six months;
(3) Submit a signed affidavit from the supervising Low Voltage Class LV-U or LV-A
contractor(s) attesting to the applicant's completion of the experiential requirements set
forth in this subsection; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
</ins>
<ins>(k) Any individual seeking to obtain a state-wide Low Voltage Contractor Class LV-U
license under the provisions of this chapter shall file a completed application with the
division on a form prescribed by the division, shall pay the required fees established by the
State Construction Industry Licensing Board, and shall meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Have completed a minimum of four years of full-time experience performing low
voltage wiring under the direct supervision of a licensed Low Voltage Class LV-U
Contractor, another state equivalent contractor, or the general manager of a tier 2 local
exchange company, as defined in Code Section 46-5-162, regardless of whether such
general manager holds a Low Voltage Class LV-U Contractor license, which experience
shall have been obtained within six years immediately preceding the date of application,
and also includes:
(A) At least one year of full-time experience performing low voltage wiring in general
systems. Qualifying experience under this subsection shall include the installation,
alteration, service, or repair of power limited low voltage electrical systems, including,
but not limited to:
(i) Intercom, public address, and sound systems;
(ii) Residential and commercial low voltage audio systems;
(iii) Low voltage lighting systems, including associated controls, transformers, and
power supplies; and
(iv) Other general power limited low voltage wiring systems that do not constitute
alarm or telecommunications systems;
(B) At least one year of full-time experience performing low voltage wiring in
telecommunications. Qualifying experience under this paragraph shall include work
involving installation, configuration, testing, administration, management, maintenance,
or repair of low voltage telecommunications systems, including, but not limited to, the
following:
</ins>
<ins>(i) Telecommunications and communications systems, including voice and data
systems such as plain old telephone service, Voice over Internet Protocol,
telecommunications equipment connections, terminations, cross-connects, patching,
and related infrastructure;
(ii) Audio, video, and security systems, including residential and commercial audio
and video systems, video surveillance systems, intercom systems, public address
systems, access control systems, and Power over Ethernet based systems;
(iii) Networked and wireless systems, including residential and commercial Wi-Fi
systems, local area or home area network based systems, Internet Protocol
networking equipment such as routers, switches, hubs, and related devices, and
distributed antenna systems for voice and data communications; and
(iv) Fiber optic, commercial wireless, and other communications systems, including
fiber optic system installation, termination, testing, and management; commercial
wireless systems such as cellular and private communications systems; and
proprietary, specialized, or otherwise unregulated communications systems within the
scope of low voltage work;
(C) At least two years of full-time experience performing low voltage wiring in alarm
systems. Qualifying experience under this paragraph shall include work involving the
installation, configuration, testing, administration, management, maintenance, or repair
of the following alarm systems and related technologies:
(i) Life safety alarm systems, including any alarm system designed, intended, or
configured to transmit life safety related alarm events to a central monitoring station
or other supervising entity;
(ii) Alarm system communication pathways, including the utilization of approved and
recognized transmission methods such as analog telephone lines, cellular networks,
internet based protocols, Voice over Internet Protocol, or other comparable
communication technologies; and
</ins>
<ins>(iii) Alarm system planning and lifecycle activities, including the planning, design,
engineering, installation, programming, testing, inspection, servicing, repair, and
ongoing maintenance of proprietary or open-source alarm systems; and
(D) Completion of coursework in electronics or low voltage systems through an
accredited technical college, university, or certificate program shall be credited toward
the experience requirement for low voltage general (LV-G), based on the actual
instructional time completed, up to a maximum of six months;
(3) Submit a signed affidavit from the supervising Low Voltage Contractor Class LV-U,
or the general manager of a tier 2 local exchange company, as defined in Code Section
46-5-162, regardless of whether such general manager holds a Low Voltage Class LV-U
Contractor license, attesting to the applicant's completion of the experiential requirements
set forth in this paragraph; and
(4) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
United States pursuant to Code Section 50-36-1, and any required immigration
documentation for noncitizen applicants.
(l) An application for a license under this Code section shall constitute express consent and
authorization for the Secretary of State or his or her representative to perform a criminal
background check. Each applicant who submits an application to the Secretary of State for
licensure agrees to provide the Secretary of State with any and all information necessary
to run a criminal background check, including, but not limited to, classifiable sets of
fingerprints. The applicant shall be responsible for all fees associated with the performance
of such background check.
(m) The decision of the division regarding the qualifications of licensure shall, in the
absence of fraud, be conclusive. All individuals, individuals serving as partners in
partnerships, applicants for limited liability companies, or applicants for corporations
</ins>
<ins>desiring to engage in the vocation of low voltage contracting shall be licensed under this
Code section before engaging in such vocation.
(n) Any person or entity violating this Code section shall be subject to discipline and
penalties as provided in this chapter, including, but not limited to, license denial,
suspension, revocation, administrative fines, injunction, or any other lawful enforcement
action authorized by the division.
43-14-10.
(a) As used in this Code section, the term 'division' means the Division of Utility
Contractors.
(b)(1) No person shall engage in utility contracting unless such person has a valid license
issued by the division.
(2) A person that is not licensed as a utility contractor shall be prohibited from
advertising in any manner that such person is in the business or profession of utility
contracting unless the work is performed by a licensed electrical contractor.
(c) The division shall certify all applicants for licensure under this Code section who
satisfy the requirements in this Code section.
(d) Any utility contractor holding a valid utility contractor's license under this chapter shall
be authorized to bid for and perform work on any utility system in this state without
obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a
utility system or anyone soliciting work to be performed on a utility system to refuse to
allow a utility contractor holding a valid utility contractor's license under this chapter to bid
for or perform work on a utility system on the basis that such contractor does not hold a
license under Chapter 41 of this title.
(e) Any company which holds a valid utility contractor's 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
</ins>
<ins>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.
(f)(1) No sole proprietorship, partnership, or corporation shall have the right to engage
in the business of utility contracting unless:
(A) Such business holds a utility contractor license; and
(B) There is regularly connected with such business a person or persons who hold a
valid utility manager certificate issued under this chapter, and such utility manager must
be actively engaged in the performance of such business on a full-time basis and must
oversee the utility contracting work of all employees of the business.
(2) If 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.
(3) 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.
(g) Any corporation, partnership, or sole proprietorship desiring to qualify for and be
issued a utility contractor license under the provisions of this Code section shall file an
application with the division on a form prescribed by the division, pay the application fee
established by the State Construction Industry Licensing Board, and meet the following
requirements:
(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;
</ins>
<ins>(B) The place and date such partnership was formed, or such corporation was
incorporated;
(C) The address of each permanent office location of the business registered with the
division, defined under this article as a place of business where utility contracting is
undertaken from in terms of bid or proposed acquisition, procurement, utility
construction, is not a temporary structure, has permanent utilities installed, and has been
in service for a period of more than three years;
(D) The name and certification number of the qualifying utility manager holding a
current utility manager certificate issued under this chapter who is employed at each
permanent office location of the business from which utility contracting is performed;
and
(E) If the applicant operates more than one permanent office location, the name of the
qualifying utility manager holding a current utility manager certificate issued under this
chapter who is employed on a full-time basis at each permanent office location of the
business from which utility contracting is performed; and
(2) Submit a written safety policy that meets the minimum standards established by the
board and the United States Department of Labor Occupational Safety and Health
Administration.
(h) An application for licensure under this Code section shall constitute express consent
and authorization for the Secretary of State or his or her representative to perform a
criminal background check. Each applicant who submits an application to the Secretary
of State for licensure or a permit agrees to provide the Secretary of State with any and all
information necessary to run a criminal background check, including, but not limited to,
classifiable sets of fingerprints. The applicant shall be responsible for all fees associated
with the performance of such background check.
(i) The decision of the division as to the qualifications of applicants shall, in the absence
of fraud, be conclusive.
</ins>
<ins>(j) 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 the severance of
connection between such utility contractor and the utility manager certificate holder or
holders upon whom the qualification of the utility contractor rested.
(k) 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 seven 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.
(l) 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.
(m) It shall be unlawful for any person to violate the provisions of Chapter 9 of Title 25
applicable to utility contractors.
(n) Any person or entity violating this Code section shall be subject to discipline and
penalties as provided in this chapter, including, but not limited to, license denial,
suspension, revocation, administrative fines, injunction, or any other lawful enforcement
action authorized by the division.
</ins>
<ins>43-14-11.
(a) As used in this Code section, the term 'division' means the Division of Utility
Contractors.
(b) No person shall be employed as a utility manager unless such person holds a valid
utility manager certificate issued by the division.
(c) No 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.
(d) The division shall certify all applicants for certification under this Code section who
satisfy the requirements of this Code section.
(e) Any individual seeking certification as a utility manager under the provisions of this
chapter shall file a completed application with the division on a form prescribed by the
division, pay the required fees established by the State Construction Industry Licensing
Board, and meet the following requirements:
(1) Successfully pass a board approved examination with a minimum score of 70;
(2) Submit proof of completion of 12 hours of board approved safety training courses,
which shall include eight hours of Competent Person Training for Excavations and four
hours of Competent Person Training for Confined Spaces;
(3) Have completed a minimum of three years of full-time experience in the field,
performing the construction, erection, alteration, or repair of utility systems. Such
experience shall be obtained as follows:
(A) At least one year of full-time experience working under the supervision of a utility
manager holding a valid certificate issued under this chapter, which experience shall
qualify the applicant for certification as a utility foreman; and
(B) At least two additional years of full-time experience obtained while holding a valid
utility foreman certificate issued under this chapter;
</ins>
<ins>(4) Submit a signed affidavit from each utility manager who is employed by a utility
contractor and who is or was the applicant's current or former employer, attesting to the
applicant's completion of the experiential requirements set forth in this subsection.
Qualifying experience under this subsection shall be obtained through a combination of
roles, including, but not limited to, supervisory, construction management, or utility
operations positions in the field on a utility construction project, as well as:
(A) Participation in the management of multiple utility construction projects, including
scheduling work activities; coordinating labor, equipment, and materials; supporting
field supervision; tracking productivity; and assisting with resolution of routine onsite
issues during the course of the construction project;
(B) Involvement in administering scopes of work or construction contracts; managing
risks related to utility conflicts, permitting, inspections, traffic control, and public
safety; and ensuring compliance with Occupational Safety and Health Administration
requirements and applicable federal, state, and local regulations;
(C) Implementation and enforcement of safety procedures, including excavation,
trenching, and confined space entry requirements; participation in safety programs,
conducting or participating in daily job safety analyses and safety meetings, reporting
incidents, near misses, and hazards; and ensuring proper use of required personal
protective equipment;
(D) Supervision or lead responsibility for utility personnel, including training,
assigning duties, evaluating performance, monitoring safe operation of equipment, and
administering discipline in accordance with established policies;
(E) Assisting with review of construction plans, utility maps, and job specifications;
identifying underground and overhead utilities; verifying permits, locates, and
clearances; and coordinating activities with project managers, engineers, inspectors, and
utility representatives;
</ins>
<ins>(F) Assisting with planning crew assignments, equipment needs, and work schedules;
coordinating material delivery and staging; inspecting materials and equipment for
damage or irregularities; reporting findings; and participating in the proper use and
routine maintenance of heavy equipment;
(G) Participating in the installation of water, sewer, gas, electrical, and
telecommunications utility systems installed on a fee-for-service basis, including
bedding, backfill, compaction, and erosion and sediment control measures, in
accordance with project specifications and utility standards;
(H) Inspecting work for compliance with plans and specifications under supervision;
assisting with daily logs, production reports, and as-built documentation; and
documenting utility locations and field changes; and
(I) Communicating job site conditions, safety concerns, and work progress to a
supervising Utility Foreman or Utility Manager; and
(5) Submit at least one secure and verifiable document, as defined in Code Section
50-36-2, establishing the applicant's identity, and submit an affidavit verifying lawful
presence in the United States pursuant to Code Section 50-36-1, together with any
required immigration documentation for noncitizen applicants.
</ins> 1000 <ins>(f) Application for a license under this Code section shall constitute express consent and
</ins> 1001 <ins>authorization for the Secretary of State or his or her representative to perform a criminal
</ins> 1002 <ins>background check. Each applicant who submits an application to the Secretary of State for
</ins> 1003 <ins>licensure agrees to provide the Secretary of State with any and all information necessary
</ins> 1004 <ins>to run a criminal background check, including, but not limited to, classifiable sets of
</ins> 1005 <ins>fingerprints. The applicant shall be responsible for all fees associated with the performance
</ins> 1006 <ins>of such background check.
</ins> 1007 <ins>(g) An applicant may request an oral administration of the examination.
</ins> 1008 <ins>(h) The decision of the division regarding the qualifications of licensure shall, in the
</ins> 1009 <ins>absence of fraud, be conclusive.
</ins>
1010 <ins>(i) Any person or entity violating this Code section shall be subject to discipline and
</ins> 1011 <ins>penalties as provided in this chapter, including, but not limited to, license denial,
</ins> 1012 <ins>suspension, revocation, administrative fines, injunction, or any other lawful enforcement
</ins> 1013 <ins>action authorized by the division.
</ins> 1014 <ins>43-14-12.
</ins> 1015 <ins>(a) As used in this Code section, the term 'division' means the Division of Utility
</ins> 1016 <ins>Contractors.
</ins> 1017 <ins>(b) No person shall be employed as a utility foreman unless such person holds a valid
</ins> 1018 <ins>current utility foreman certificate issued by the division.
</ins> 1019 <ins>(c) The division shall certify all applicants for certification under this Code section who
</ins> 1020 <ins>satisfy the requirements of this Code section.
</ins> 1021 <ins>(d) No utility system shall be constructed, erected, altered, or repaired unless a certified
</ins> 1022 <ins>utility manager or certified utility foreman who holds a current certification is present at
</ins> 1023 <ins>the job site of such construction, erection, alteration, or repair of the utility system.
</ins> 1024 <ins>(e) Any individual seeking certification as a utility foreman under the provisions of this
</ins> 1025 <ins>chapter shall file an application with the division on a form prescribed by the division, pay
</ins> 1026 <ins>the required fees established by the State Construction Industry Licensing Board, and meet
</ins> 1027 <ins>the following requirements:
</ins> 1028 <ins>(1) Successfully pass a board approved examination with a minimum score of 70;
</ins> 1029 <ins>(2) Have completed at least one year of full-time experience in the field performing the
</ins> 1030 <ins>construction, erection, alteration, or repair of utility systems under the supervision of a
</ins> 1031 <ins>licensed Utility Manager;
</ins> 1032 <ins>(3) Submit proof of completion of 12 hours of board approved safety training courses,
</ins> 1033 <ins>which shall include eight hours of Competent Person Training for Excavations and four
</ins> 1034 <ins>hours of Competent Person Training for Confined Spaces; and
</ins>
1035 <ins>(4) Provide a signed affidavit by a current or former employer attesting to the completion
</ins> 1036 <ins>of experiential requirements. Each employer who oversaw the completion of projects
</ins> 1037 <ins>which satisfied the experiential requirements shall provide their own signed affidavit.
</ins> 1038 <ins>Qualifying experience under this subsection shall be obtained through a combination of
</ins> 1039 <ins>roles, including, but not limited to, crew member, lead worker, assistant foreman, utility
</ins> 1040 <ins>operations, construction support, or other field based positions, provided the work was
</ins> 1041 <ins>performed under the required supervision, and shall include:
</ins> 1042 <ins>(A) Assisting with review of construction plans, utility maps, and job specifications,
</ins> 1043 <ins>identifying underground and overhead utilities, coordinating activities with project
</ins> 1044 <ins>managers, engineers, inspectors, and utility representatives, verifying permits, locates,
</ins> 1045 <ins>and clearances, and assisting with planning crew assignments, equipment needs, and
</ins> 1046 <ins>work schedules;
</ins> 1047 <ins>(B) Participating in daily job safety analyses and safety meetings, performing work in
</ins> 1048 <ins>compliance with Occupational Safety and Health Administration standards and
</ins> 1049 <ins>applicable local, state, and federal regulations, including traffic control requirements,
</ins> 1050 <ins>working in properly protected trenches, participating in confined space entry activities,
</ins> 1051 <ins>using required personal protective equipment, and reporting incidents, near misses, and
</ins> 1052 <ins>hazards;
</ins> 1053 <ins>(C) Assisting with supervision of utility crews, monitoring safe operation of
</ins> 1054 <ins>equipment, supporting productivity tracking and daily work coordination, and assisting
</ins> 1055 <ins>with resolution of routine onsite issues;
</ins> 1056 <ins>(D) Assisting with coordination of material delivery and staging, inspecting materials
</ins> 1057 <ins>and equipment for damage or irregularities and reporting findings, and participating in
</ins> 1058 <ins>the proper use and routine maintenance of heavy equipment;
</ins> 1059 <ins>(E) Participating in the installation of water, sewer, gas, electrical, and
</ins> 1060 <ins>telecommunications utility systems installed on a fee-for-service basis, including
</ins>
1061 <ins>bedding, backfill, compaction, and erosion and sediment control measures, in
</ins> 1062 <ins>accordance with project specifications and utility standards;
</ins> 1063 <ins>(F) Inspecting work for compliance with plans and specifications under supervision,
</ins> 1064 <ins>assisting with daily logs, production reports, as-built documentation, and documenting
</ins> 1065 <ins>utility locations and field changes; and
</ins> 1066 <ins>(G) Communicating job site conditions, safety concerns, and work progress to a
</ins> 1067 <ins>supervising Utility Foreman or Utility Manager.
</ins> 1068 <ins>(f) An application for a certification under this Code section shall constitute express
</ins> 1069 <ins>consent and authorization for the Secretary of State or his or her representative to perform
</ins> 1070 <ins>a criminal background check. Each applicant who submits an application to the Secretary
</ins> 1071 <ins>of State for certification agrees to provide the Secretary of State with any and all
</ins> 1072 <ins>information necessary to run a criminal background check, including, but not limited to,
</ins> 1073 <ins>classifiable sets of fingerprints. The applicant shall be responsible for all fees associated
</ins> 1074 <ins>with the performance of such background check.
</ins> 1075 <ins>(g) An applicant may request an oral administration of the examination.
</ins> 1076 <ins>(h) The decision of the division regarding the qualifications of licensure shall, in the
</ins> 1077 <ins>absence of fraud, be conclusive.
</ins> 1078 <ins>(i) Any person or entity violating this Code section shall be subject to discipline and
</ins> 1079 <ins>penalties as provided in this chapter, including, but not limited to, license denial,
</ins> 1080 <ins>suspension, revocation, administrative fines, injunction, or any other lawful enforcement
</ins> 1081 <ins>action authorized by the division.
</ins> 1082 <ins>43-14-13.
</ins> 1083 <ins>(a) As used in this Code section, the term 'division' means the Division of Master Plumbers
</ins> 1084 <ins>and Journeyman.
</ins> 1085 <ins>(b) No person shall engage in plumbing contracting as a Master Plumber Class I or a
</ins> 1086 <ins>Master Plumber Class II unless such person has a valid license issued by the division.
</ins>
1087 <ins>(c) Notwithstanding any other provisions of this chapter, any person who holds a valid
</ins> 1088 <ins>license as a Master Plumber Class I or a Master Plumber Class II or any company which
</ins> 1089 <ins>holds a valid utility contractor license shall be qualified to construct, alter, or repair any
</ins> 1090 <ins>plumbing system which extends from the property line up to but not within five feet of any
</ins> 1091 <ins>building, structure, or conveyance, regardless of the cost or depth of any such plumbing
</ins> 1092 <ins>system; provided, however, that only persons who hold a valid license to engage in
</ins> 1093 <ins>plumbing under this chapter shall be qualified to construct, alter, or repair any plumbing
</ins> 1094 <ins>system within five feet of any building, structure, or conveyance.
</ins> 1095 <ins>(d) A person that is not licensed as a Master Plumber Class I or a Master Plumber Class
</ins> 1096 <ins>II shall be prohibited from advertising in any manner that such person is in the business or
</ins> 1097 <ins>profession of plumbing contracting.
</ins> 1098 <ins>(e) No partnership, limited liability company, or corporation shall have the right to engage
</ins> 1099 <ins>in the business of plumbing unless there is regularly connected with such partnership,
</ins> 1100 <ins>limited liability company, or corporation a person actively engaged in the performance of
</ins> 1101 <ins>such business on a full-time basis who has a valid license as a Master Plumber Class I or
</ins> 1102 <ins>a Master Plumber Class II; provided, however, that partners, officers, and employees of any
</ins> 1103 <ins>individual who fulfilled the licensing requirements shall continue to be authorized to
</ins> 1104 <ins>engage in the business of plumbing contracting under a license which was valid at the time
</ins> 1105 <ins>of the licensee's death for a period of 90 days from the date of such death. The division
</ins> 1106 <ins>may, at its discretion, upon application by the plumbing contractor showing good cause,
</ins> 1107 <ins>grant one additional 90 day grace period.
</ins> 1108 <ins>(f) The division shall certify all applicants for licensure under this Code section who
</ins> 1109 <ins>satisfy the requirements of this Code section.
</ins> 1110 <ins>(g) It shall be the duty of all partnerships, limited liability companies, and corporations
</ins> 1111 <ins>qualified under this chapter to notify the appropriate division within seven days of the
</ins> 1112 <ins>severance of connection with such partnership, limited liability company, or corporation
</ins> 1113 <ins>of any person or persons upon whom such qualification rested.
</ins>
1114 <ins>(h) Application for a license under this Code section shall constitute express consent and
</ins> 1115 <ins>authorization for the Secretary of State or his or her representative to perform a criminal
</ins> 1116 <ins>background check. Each applicant who submits an application to the Secretary of State for
</ins> 1117 <ins>licensure agrees to provide the Secretary of State with any and all information necessary
</ins> 1118 <ins>to run a criminal background check, including, but not limited to, classifiable sets of
</ins> 1119 <ins>fingerprints. The applicant shall be responsible for all fees associated with the performance
</ins> 1120 <ins>of such background check.
</ins> 1121 <ins>(i) The decision of the division regarding the qualifications of licensure shall, in the
</ins> 1122 <ins>absence of fraud, be conclusive.
</ins> 1123 <ins>(j) Any individual seeking to be licensed as a journeyman plumber under the provisions
</ins> 1124 <ins>of this chapter shall file a completed application with the division on a form prescribed by
</ins> 1125 <ins>the division, pay the required fees established by the State Construction Industry Licensing
</ins> 1126 <ins>Board, and meet the following requirements:
</ins> 1127 <ins>(1) Successfully pass a board approved examination with a minimum score of 70;
</ins> 1128 <ins>(2) Have completed one year of full-time experience performing plumbing work of a
</ins> 1129 <ins>type covered by the state minimum standard plumbing code, regardless of whether such
</ins> 1130 <ins>code applied to the work in the area or at the time such work was performed by the
</ins> 1131 <ins>applicant. Qualifying experience under this paragraph shall be obtained under the
</ins> 1132 <ins>supervision of a licensed Master Plumber Class I or a Master Plumber Class II and shall
</ins> 1133 <ins>include participation in plumbing work demonstrating practical competency in the
</ins> 1134 <ins>following areas, as applicable to the scope of licensure requested and consistent with the
</ins> 1135 <ins>requirements of this paragraph:
</ins> 1136 <ins>(A) Installation, maintenance, alteration, service, or repair of plumbing systems,
</ins> 1137 <ins>including potable water supply and distribution systems; sanitary, waste, storm
</ins> 1138 <ins>drainage, and venting systems; plumbing fixtures and equipment; and fuel gas piping
</ins> 1139 <ins>systems and fuel-gas-fired appliances, including piping downstream of the gas meter
</ins> 1140 <ins>or storage tank;
</ins>
1141 <ins>(B) Plumbing system layout, pipe sizing, material selection, inspection, testing,
</ins> 1142 <ins>diagnosing, and troubleshooting of plumbing and fuel gas systems, including the
</ins> 1143 <ins>application of applicable plumbing codes, standards, and manufacturer installation
</ins> 1144 <ins>requirements, performed under appropriate supervision;
</ins> 1145 <ins>(C) Application of safe work practices, including job site and trench safety, confined
</ins> 1146 <ins>space awareness, fall protection, lockout and tagout procedures, and the proper
</ins> 1147 <ins>selection and use of personal protective equipment;
</ins> 1148 <ins>(D) Performance of supporting plumbing related work directly associated with the
</ins> 1149 <ins>installation, alteration, service, or repair of plumbing systems, including support of
</ins> 1150 <ins>plumbing system components, trenching, excavation, and backfilling, material handling
</ins> 1151 <ins>and staging, demolition and general labor, operation of tools or equipment commonly
</ins> 1152 <ins>used in plumbing work, assisting licensed plumbers, and installation of pipe and tubing
</ins> 1153 <ins>supports, including hangers, strut, supports, and bracing; and
</ins> 1154 <ins>(E) Full-time employment as an estimator or project manager for a Class I or Class II
</ins> 1155 <ins>Master Plumbing Contractor, where such employment involves regular exposure to
</ins> 1156 <ins>plumbing systems, plans, specifications, and job site coordination;
</ins> 1157 <ins>(3) Submit a signed affidavit from the licensed Master Plumber Class I or Master
</ins> 1158 <ins>Plumber Class II who supervised or otherwise oversaw the applicant's work, whether as
</ins> 1159 <ins>a current or former employer, attesting to the applicant's completion of the experiential
</ins> 1160 <ins>requirements set forth in this subsection. When the applicant's qualifying experience was
</ins> 1161 <ins>obtained under the supervision of more than one such individual, a separate signed
</ins> 1162 <ins>affidavit shall be submitted by each individual who supervised or oversaw the applicable
</ins> 1163 <ins>portion of the applicant's experience; and
</ins> 1164 <ins>(4) Submit at least one secure and verifiable document, as defined in Code Section
</ins> 1165 <ins>50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
</ins> 1166 <ins>United States pursuant to Code Section 50-36-1, and any required immigration
</ins> 1167 <ins>documentation for noncitizen applicants.
</ins>
1168 <ins>(k) Any individual seeking to be licensed as a Master Plumber Class I under the provisions
</ins> 1169 <ins>of this chapter shall file a completed application with the division on a form prescribed by
</ins> 1170 <ins>the division, pay the required fees established by the State Construction Industry Licensing
</ins> 1171 <ins>Board, and meet the following requirements:
</ins> 1172 <ins>(1) Successfully pass the board approved examination with a minimum score of 70;
</ins> 1173 <ins>(2) Have completed a minimum of four years of full-time experience in plumbing work
</ins> 1174 <ins>as would be covered by items of the Georgia State Plumbing Code, at least three years
</ins> 1175 <ins>of which shall have been performed while licensed as a Journeyman Plumber under this
</ins> 1176 <ins>chapter; provided, however, that an applicant licensed as a Journeyman Plumber under
</ins> 1177 <ins>this chapter prior to March 1, 2025, shall be required to have completed one of such four
</ins> 1178 <ins>years while licensed as a Journeyman Plumber. Qualifying experience under this
</ins> 1179 <ins>subsection shall include participation in plumbing work demonstrating practical
</ins> 1180 <ins>competency, as applicable to the scope of licensure requested and consistent with the
</ins> 1181 <ins>requirements of this paragraph. Such experience shall be obtained under the supervision
</ins> 1182 <ins>of a licensed master plumber; provided, however, that for licensure as a Statewide Master
</ins> 1183 <ins>Plumber Class I, qualifying experience shall be limited to plumbing work performed
</ins> 1184 <ins>within the restricted scope of practice applicable to a Master Plumber Class I, as defined
</ins> 1185 <ins>in this chapter. Such qualifying experience includes, but is not limited to:
</ins> 1186 <ins>(A) Installation, maintenance, alteration, service, or repair of plumbing systems,
</ins> 1187 <ins>including potable water supply and distribution systems, sanitary, waste, storm
</ins> 1188 <ins>drainage, and venting systems, plumbing fixtures and equipment, and fuel gas piping
</ins> 1189 <ins>systems and fuel-gas-fired appliances, including piping downstream of the gas meter
</ins> 1190 <ins>or storage tank, and piping downstream of any municipal or county water meter from
</ins> 1191 <ins>the point of service connection and extending into and throughout the building or
</ins> 1192 <ins>structure served;
</ins> 1193 <ins>(B) Plumbing system layout, pipe sizing, material selection, inspection, testing,
</ins> 1194 <ins>diagnosing, and troubleshooting of plumbing and fuel gas systems, including the
</ins>
1195 <ins>application of applicable plumbing codes, standards, and manufacturer installation
</ins> 1196 <ins>requirements, performed under appropriate supervision;
</ins> 1197 <ins>(C) Application of safe work practices, including job site and trench safety, confined
</ins> 1198 <ins>space awareness, fall protection, lockout and tagout procedures, and the proper
</ins> 1199 <ins>selection and use of personal protective equipment;
</ins> 1200 <ins>(D) Performance of supporting plumbing related work directly associated with the
</ins> 1201 <ins>installation, alteration, service, or repair of plumbing systems, including support of
</ins> 1202 <ins>plumbing system components; trenching, excavation, and backfilling; material handling
</ins> 1203 <ins>and staging, demolition and general labor, operation of tools or equipment commonly
</ins> 1204 <ins>used in plumbing work, assisting licensed plumbers, and installation of pipe and tubing
</ins> 1205 <ins>supports, including hangers, strut, supports, and bracing; and
</ins> 1206 <ins>(E) Full-time employment as an estimator or project manager for a Master Plumber
</ins> 1207 <ins>Class I or Master Plumber Class II, where such employment involves regular exposure
</ins> 1208 <ins>to plumbing systems, plans, specifications, and job site coordination;
</ins> 1209 <ins>(3) Submit a signed affidavit from any licensed Master Plumber Class I or Master
</ins> 1210 <ins>Plumber Class II who supervised or otherwise oversaw the applicant's work, whether as
</ins> 1211 <ins>a current or former employer, attesting to the applicant's completion of the primary
</ins> 1212 <ins>experiential requirements set forth in this subsection. When the applicant's qualifying
</ins> 1213 <ins>full-time experience was obtained under the supervision of more than one such
</ins> 1214 <ins>individual, a separate signed affidavit shall be submitted by each individual who
</ins> 1215 <ins>supervised or oversaw the applicable portion of the applicant's experience; and
</ins> 1216 <ins>(4) Submit at least one secure and verifiable document, as defined in Code Section
</ins> 1217 <ins>50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
</ins> 1218 <ins>United States pursuant to Code Section 50-36-1, and any required immigration
</ins> 1219 <ins>documentation for noncitizen applicants.
</ins> 1220 <ins>(l) Any individual seeking to be licensed as a Master Plumber Class II under the provisions
</ins> 1221 <ins>of this chapter shall file a completed application with the division on a form prescribed by
</ins>
1222 <ins>the division, pay the required fees established by the State Construction Industry Licensing
</ins> 1223 <ins>Board, and meet the following requirements:
</ins> 1224 <ins>(1) Successfully pass the board approved examination with a minimum score of 70;
</ins> 1225 <ins>(2) Have completed a minimum of five years of full-time experience in plumbing work
</ins> 1226 <ins>as would be covered by items of the state minimum standard plumbing code, with at least
</ins> 1227 <ins>four of the five years being licensed as a Journeyman Plumber; provided, however, that
</ins> 1228 <ins>an applicant licensed as a Journeyman Plumber under this chapter prior to March 1, 2025,
</ins> 1229 <ins>shall be required to have completed two of such five years while licensed as a
</ins> 1230 <ins>Journeyman Plumber. Qualifying experience under this subsection shall include
</ins> 1231 <ins>participation in plumbing work demonstrating practical competency in the following
</ins> 1232 <ins>areas, as applicable to the scope of licensure requested and consistent with the
</ins> 1233 <ins>requirements of this paragraph. Such experience shall be obtained under the supervision
</ins> 1234 <ins>of a licensed master plumber; provided, however, that for licensure as a Master Plumber
</ins> 1235 <ins>Class II, not less than two years of the required experience shall have been obtained
</ins> 1236 <ins>performing plumbing work within the unrestricted scope of practice applicable to a
</ins> 1237 <ins>Master Plumber Class II, as defined in this chapter:
</ins> 1238 <ins>(A) Participation in the installation, maintenance, alteration, service, or repair of
</ins> 1239 <ins>plumbing systems, including potable water supply and distribution systems, sanitary,
</ins> 1240 <ins>waste, storm drainage, and venting systems, plumbing fixtures and equipment, and fuel
</ins> 1241 <ins>gas piping systems and fuel-gas-fired appliances, including piping downstream of the
</ins> 1242 <ins>gas meter or storage tank, and piping downstream of any municipal or county water
</ins> 1243 <ins>meter from the point of service connection and extending into and throughout the
</ins> 1244 <ins>building or structure served;
</ins> 1245 <ins>(B) Involvement in plumbing system layout, pipe sizing, material selection, and
</ins> 1246 <ins>installation methods, performed under appropriate supervision where required;
</ins>
1247 <ins>(C) Participation in the inspection, testing, troubleshooting, and correction of plumbing
</ins> 1248 <ins>and fuel gas systems, including verification of system performance and compliance
</ins> 1249 <ins>with applicable plumbing codes, standards, and manufacturer installation requirements;
</ins> 1250 <ins>(D) Implementation and application of safe work practices, including job site and
</ins> 1251 <ins>trench safety, confined space awareness, fall protection, lockout and tagout procedures,
</ins> 1252 <ins>and the proper selection and use of personal protective equipment; and
</ins> 1253 <ins>(E) Supervision or lead responsibility for plumbing personnel, including training,
</ins> 1254 <ins>assignment of duties, oversight of work quality, and enforcement of safety and code
</ins> 1255 <ins>compliance requirements;
</ins> 1256 <ins>(3) Submit a signed affidavit from any licensed Master Plumber Class I or Master
</ins> 1257 <ins>Plumber Class II who supervised or otherwise oversaw the applicant's work, whether as
</ins> 1258 <ins>a current or former employer, attesting to the applicant's completion of the primary
</ins> 1259 <ins>experiential requirements set forth in this subsection. When the applicant's qualifying
</ins> 1260 <ins>experience was obtained under the supervision of more than one such individual, a
</ins> 1261 <ins>separate signed affidavit shall be submitted by each individual who supervised or
</ins> 1262 <ins>oversaw the applicable portion of the applicant's experience; and
</ins> 1263 <ins>(4) Submit at least one secure and verifiable document, as defined in Code Section
</ins> 1264 <ins>50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
</ins> 1265 <ins>United States pursuant to Code Section 50-36-1, and any required immigration
</ins> 1266 <ins>documentation for noncitizen applicants.
</ins> 1267 <ins>(m) Any person or entity violating this Code section shall be subject to discipline and
</ins> 1268 <ins>penalties as provided in this chapter, including, but not limited to, license denial,
</ins> 1269 <ins>suspension, revocation, administrative fines, injunction, or any other lawful enforcement
</ins> 1270 <ins>action authorized by the division.
</ins>
1271 <ins>43-14-14.
</ins> 1272 <ins>(a) As used in this Code section, the term 'division' means the Division of Conditioned Air
</ins> 1273 <ins>Contractors.
</ins> 1274 <ins>(b) No person shall engage in conditioned air contracting unless such person has a valid
</ins> 1275 <ins>license issued by the division.
</ins> 1276 <ins>(c) The division shall certify all applicants for licensure under this Code section who
</ins> 1277 <ins>satisfy the requirements of this Code section.
</ins> 1278 <ins>(d) A person that is not licensed as a conditioned air contractor shall be prohibited from
</ins> 1279 <ins>advertising in any manner that such person is in the business or profession of a conditioned
</ins> 1280 <ins>air contractor unless the work is performed by a licensed conditioned air contractor.
</ins> 1281 <ins>(e) No partnership, limited liability company, or corporation shall have the right to engage
</ins> 1282 <ins>in the business of conditioned air contracting unless there is regularly connected with such
</ins> 1283 <ins>partnership, limited liability company, or corporation a person or persons actively engaged
</ins> 1284 <ins>in the performance of such business on a full-time basis who have valid licenses issued to
</ins> 1285 <ins>them as provided for in this chapter; provided, however, that partners, officers, and
</ins> 1286 <ins>employees of the individual who fulfilled the licensing requirements shall continue to be
</ins> 1287 <ins>authorized to engage in the business of conditioned air contracting under a license which
</ins> 1288 <ins>was valid at the time of the licensee's death for a period of 90 days from the date of such
</ins> 1289 <ins>death. The division may, at its discretion, upon application by the conditioned air
</ins> 1290 <ins>contractor showing good cause, grant one additional 90 day grace period.
</ins> 1291 <ins>(f) Partnerships, limited liability companies, or corporations having more than one office
</ins> 1292 <ins>location from which conditioned air contracting is performed shall have at least one person
</ins> 1293 <ins>stationed in each branch office of such partnership, limited liability company, or
</ins> 1294 <ins>corporation who is engaged in the performance of conditioned air contracting on a full-time
</ins> 1295 <ins>basis who is supervising the installation, repair, alteration, and service work of air
</ins> 1296 <ins>conditioning and heating systems of all employees of such branch office locations; and who
</ins> 1297 <ins>has a valid license issued as provided in this Code section.
</ins>
1298 <ins>(g) It shall be the duty of all partnerships, limited liability companies, and corporations
</ins> 1299 <ins>qualified under this chapter to notify the appropriate division within seven days of the
</ins> 1300 <ins>severance of connection with such partnership, limited liability company, or corporation
</ins> 1301 <ins>of any person or persons upon whom such qualification rested.
</ins> 1302 <ins>(h) Any individual seeking to be licensed as a Conditioned Air Contractor Class I under
</ins> 1303 <ins>the provisions of this chapter shall file a completed application with the division on a form
</ins> 1304 <ins>prescribed by the division, pay the required fees established by the State Construction
</ins> 1305 <ins>Industry Licensing Board, and meet the following requirements:
</ins> 1306 <ins>(1) Successfully pass a board approved examination with a minimum score of 70;
</ins> 1307 <ins>(2) Have completed a minimum of years of full-time experience performing conditioned
</ins> 1308 <ins>air work of a type covered by the state minimum standard codes, regardless of whether
</ins> 1309 <ins>such code applied to the work in the area or at the time such work was performed by the
</ins> 1310 <ins>applicant;
</ins> 1311 <ins>(A) Qualifying experience under this subsection shall consist of two years of
</ins> 1312 <ins>residential installation experience as a lead mechanic, one year as a service technician,
</ins> 1313 <ins>one year of residential supervisory experience; and
</ins> 1314 <ins>(B) An applicant shall receive credit toward the experience requirements of this section
</ins> 1315 <ins>based on the actual instructional time completed in relevant coursework, meaning
</ins> 1316 <ins>coursework directly related to the scope of licensure requested, provided that such
</ins> 1317 <ins>credit shall not exceed two years for completion of a technical school or technical
</ins> 1318 <ins>college diploma program in air conditioning technology, engineering, or engineering
</ins> 1319 <ins>technology from an institution accredited by an accrediting body recognized by the
</ins> 1320 <ins>division, or one year for completion of a vocational-technical school certificate program
</ins> 1321 <ins>from an institution accredited by an accrediting body recognized by the division;
</ins> 1322 <ins>(3) Submit a signed affidavit from any licensed architect, licensed professional engineer,
</ins> 1323 <ins>public building official or building inspector, or licensed conditioned air contractor who
</ins> 1324 <ins>directly supervised or otherwise oversaw the applicant's work, whether as a current or
</ins>
1325 <ins>former employer, attesting to the applicant's completion of the experiential requirements
</ins> 1326 <ins>set forth in this Code section. When the applicant's qualifying experience was obtained
</ins> 1327 <ins>under the supervision of more than one such individual, a separate signed affidavit shall
</ins> 1328 <ins>be submitted by each individual who supervised or oversaw the applicable portion of the
</ins> 1329 <ins>applicant's experience;
</ins> 1330 <ins>(4) Complete the Type II Federal Environmental Protection Agency Section 608
</ins> 1331 <ins>Technician Certification;
</ins> 1332 <ins>(5) Complete a board approved heat loss and gain and duct design course; and
</ins> 1333 <ins>(6) Submit at least one secure and verifiable document, as defined in Code Section
</ins> 1334 <ins>50-36-2, establishing the applicant's identity, and submit an affidavit verifying lawful
</ins> 1335 <ins>presence in the United States pursuant to Code Section 50-36-1, together with any
</ins> 1336 <ins>required immigration documentation for noncitizen applicants.
</ins> 1337 <ins>(i) Any individual seeking to be licensed as a Conditioned Air Contractor Class II under
</ins> 1338 <ins>the provisions of this chapter shall file a completed application with the division on a form
</ins> 1339 <ins>prescribed by the division, pay the required fees established by the State Construction
</ins> 1340 <ins>Industry Licensing Board, and meet the following requirements:
</ins> 1341 <ins>(1) Successfully pass a board approved examination with a minimum score of 70;
</ins> 1342 <ins>(2)(A) Have completed a minimum of five years of full-time experience performing
</ins> 1343 <ins>conditioned air work covered by the state minimum standard codes, regardless of
</ins> 1344 <ins>whether such code applied to the work in the area or at the time such work was
</ins> 1345 <ins>performed by the applicant. Qualifying experience under this subsection shall consist
</ins> 1346 <ins>of two years of commercial supervisory experience, one year as a service technician or
</ins> 1347 <ins>service supervisor, and two years of installation as a lead mechanic with at least one of
</ins> 1348 <ins>the years being commercial only, installing conditioned air systems that exceed a net
</ins> 1349 <ins>175,000 BTU of heating and 60,000 BTU of cooling.
</ins> 1350 <ins>(B) An applicant shall receive credit toward the experience requirements of this Code
</ins> 1351 <ins>section based on the actual instructional time completed in relevant coursework,
</ins>
1352 <ins>meaning coursework directly related to the scope of licensure requested, provided that
</ins> 1353 <ins>such credit shall not exceed two years for completion of a technical school or technical
</ins> 1354 <ins>college diploma program in air conditioning technology, engineering, or engineering
</ins> 1355 <ins>technology from an institution accredited by an accrediting body recognized by the
</ins> 1356 <ins>division, or one year for completion of a vocational-technical school certificate program
</ins> 1357 <ins>from an institution accredited by an accrediting body recognized by the division;
</ins> 1358 <ins>(3) Submit a signed affidavit from a licensed architect, licensed professional engineer,
</ins> 1359 <ins>public building official or building inspector, or licensed conditioned air contractor who
</ins> 1360 <ins>directly supervised or otherwise oversaw the applicant's work, whether as a current or
</ins> 1361 <ins>former employer, attesting to the applicant's completion of the experiential requirements
</ins> 1362 <ins>set forth in this subsection. When the applicant's qualifying experience was obtained
</ins> 1363 <ins>under the supervision of more than one such individual, a separate signed affidavit shall
</ins> 1364 <ins>be submitted by each individual who supervised or oversaw the applicable portion of the
</ins> 1365 <ins>applicant's experience;
</ins> 1366 <ins>(4) Complete the Type II and Type III Federal Environmental Protection Agency Section
</ins> 1367 <ins>608 Technician Certification;
</ins> 1368 <ins>(5) Complete a board approved heat loss and gain and duct design course; and
</ins> 1369 <ins>(6) Submit at least one secure and verifiable document, as defined in Code Section
</ins> 1370 <ins>50-36-2, establishing the applicant's identity, an affidavit verifying lawful presence in the
</ins> 1371 <ins>United States pursuant to Code Section 50-36-1, and any required immigration
</ins> 1372 <ins>documentation for noncitizen applicants.
</ins> 1373 <ins>(j) Application for a license under this Code section shall constitute express consent and
</ins> 1374 <ins>authorization for the Secretary of State or his or her representative to perform a criminal
</ins> 1375 <ins>background check. Each applicant who submits an application to the Secretary of State
</ins> 1376 <ins>for licensure agrees to provide the Secretary of State with any and all information
</ins> 1377 <ins>necessary to run a criminal background check, including, but not limited to, classifiable
</ins>
1378 <ins>sets of fingerprints. The applicant shall be responsible for all fees associated with the
</ins> 1379 <ins>performance of such background check.
</ins> 1380 <ins>(k) The decision of the division regarding the qualifications of licensure shall, in the
</ins> 1381 <ins>absence of fraud, be conclusive. All individuals, individuals serving as partners in
</ins> 1382 <ins>partnerships, applicants for limited liability companies, or applicants for corporations
</ins> 1383 <ins>desiring to engage in conditioned air contracting shall be licensed under this Code section
</ins> 1384 <ins>before engaging in such vocation and business, including at the local level.
</ins> 1385 <ins>(l) Any person or entity violating this Code section shall be subject to discipline and
</ins> 1386 <ins>penalties as provided in this chapter, including, but not limited to, license denial,
</ins> 1387 <ins>suspension, revocation, administrative fines, injunction, or any other lawful enforcement
</ins> 1388 <ins>action authorized by the division.
</ins> 1389 <ins>43-14-15.
</ins> 1390 <ins>Whenever it shall appear to a division of the board or to the executive director or to a
</ins> 1391 <ins>county or municipal inspection authority that any person is or has been violating this
</ins> 1392 <ins>chapter or any of the lawful rules, regulations, or orders of the board, the division of the
</ins> 1393 <ins>board, the local inspection authority, or the appropriate prosecuting attorney may file a
</ins> 1394 <ins>petition for an injunction in the proper superior court of this state against such person for
</ins> 1395 <ins>the purpose of enjoining any such violation. It shall not be necessary to allege or prove that
</ins> 1396 <ins>there is no adequate remedy at law. The right of injunction provided for in this Code
</ins> 1397 <ins>section shall be in addition to any other legal remedy which the board has and shall be in
</ins> 1398 <ins>addition to any right of criminal prosecution provided for by law.
</ins> 1399 <ins>43-14-16.
</ins> 1400 <ins>(a) Any municipal or county inspection authority which meets the standards established
</ins> 1401 <ins>by the board shall be authorized, after notice and hearing, to suspend the license or
</ins> 1402 <ins>certification, or refuse to restore a license or certification to any person or licensee upon
</ins>
1403 <ins>the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided,
</ins> 1404 <ins>however, that such suspension of a license by a local inspection authority shall be
</ins> 1405 <ins>applicable only within the jurisdiction of such local authority. Any person aggrieved by
</ins> 1406 <ins>an action of a local authority shall be entitled to an appeal to the appropriate division of the
</ins> 1407 <ins>board and a hearing.
</ins> 1408 <ins>(b)(1) Nothing in this Code section shall be construed to prohibit the governing authority
</ins> 1409 <ins>of any county or municipality in the state from adopting and enforcing codes at the local
</ins> 1410 <ins>level; provided, however, that no county or municipality may require any licensed
</ins> 1411 <ins>conditioned air contractor or licensed plumber who has executed and deposited a bond
</ins> 1412 <ins>as authorized in paragraph (2) of this subsection to give or furnish or execute any code
</ins> 1413 <ins>compliance bond or similar bond for the purpose of ensuring that all construction,
</ins> 1414 <ins>installation, or modifications are made or completed in compliance with the county or
</ins> 1415 <ins>municipal ordinances or building and construction codes.
</ins> 1416 <ins>(2) In order to protect the public from damages arising from any work by a licensed
</ins> 1417 <ins>conditioned air contractor or licensed plumber, which work fails to comply with the
</ins> 1418 <ins>ordinances or building and construction codes adopted by any county or municipal
</ins> 1419 <ins>corporation, any such licensed conditioned air contractor or licensed plumber may
</ins> 1420 <ins>execute and deposit with the judge of the probate court in the county of his or her
</ins> 1421 <ins>principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash
</ins> 1422 <ins>bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds
</ins> 1423 <ins>in the State of Georgia and shall be approved by the judge of the probate court. Such
</ins> 1424 <ins>bond shall be conditioned upon all work done or supervised by such licensee complying
</ins> 1425 <ins>with the provisions of any ordinances or building and construction codes of any county
</ins> 1426 <ins>or municipal corporation wherein the work is performed. Action on such bond may be
</ins> 1427 <ins>brought against the principal and surety thereon in the name of and for the benefit of any
</ins> 1428 <ins>person who suffers damages as a consequence of said licensee's work not conforming to
</ins> 1429 <ins>the requirements of any ordinances or building and construction codes; provided,
</ins>
1430 <ins>however, that the aggregate liability of the surety to all persons so damaged shall in no
</ins> 1431 <ins>event exceed the sum of such bond.
</ins> 1432 <ins>(3) In any case where a bond is required under this subsection, the conditioned air
</ins> 1433 <ins>contractor or plumber shall file a copy of the bond with the building official in the
</ins> 1434 <ins>political subdivision wherein the work is being performed.
</ins> 1435 <ins>(4) The provisions of this subsection shall not apply to or affect any bonding
</ins> 1436 <ins>requirements involving contracts for public works as provided in Chapter 10 of Title 13.
</ins> 1437 <ins>(c) Nothing in this Code section shall be construed as prohibiting or preventing a
</ins> 1438 <ins>municipality or county from fixing, charging, assessing, or collecting any license fee,
</ins> 1439 <ins>registration fee, tax, or gross receipt tax on any related business or on anyone engaged in
</ins> 1440 <ins>any related business governed by this chapter.
</ins> 1441 <ins>43-14-17.
</ins> 1442 <ins>(a) If a person is in violation Code Section 43-14-8, 43-14-9, 43-14-10, 43-14-13, or
</ins> 1443 <ins>43-14-14, it shall not be necessary for an investigator to observe or witness the unlicensed
</ins> 1444 <ins>person engaged illegally in the process of work or to show work in progress or work
</ins> 1445 <ins>completed in order to prove the unlawful practice of electrical contracting, low voltage
</ins> 1446 <ins>contracting, utility contracting, plumbing contracting, or conditioned air contracting, by an
</ins> 1447 <ins>unlicensed person.
</ins> 1448 <ins>(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed
</ins> 1449 <ins>as a conditioned air contractor, plumbing contractor, electrical contractor, utility contractor,
</ins> 1450 <ins>or low voltage contractor advertises that such person is in the business or profession of a
</ins> 1451 <ins>conditioned air contractor, plumbing contractor, electrical contractor utility contractor, or
</ins> 1452 <ins>low voltage contractor or advertises in a manner such that the general public would believe
</ins> 1453 <ins>that such person is a licensed conditioned air contractor or in the business or profession of
</ins> 1454 <ins>a conditioned air contractor, is a licensed plumbing contractor in the business or profession
</ins> 1455 <ins>of a plumbing contractor, or is a licensed electrical contractor in the business or profession
</ins>
1456 <ins>of an electrical contractor, is a licensed utility contractor in the business or profession of
</ins> 1457 <ins>a utility contractor, or is a licensed low voltage contractor in the business or profession of
</ins> 1458 <ins>a low voltage contractor. Advertising under this subsection includes, but is not limited to,
</ins> 1459 <ins>newspaper, internet, social media and digital applications, television, radio, telephone
</ins> 1460 <ins>directory listings, mailings, business cards, or signage at a place of business or attached to
</ins> 1461 <ins>a vehicle.
</ins> 1462 <ins>(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing,
</ins> 1463 <ins>the board may issue a cease and desist order prohibiting any person from violating the
</ins> 1464 <ins>provisions of this chapter by engaging in the business or profession of a conditioned air
</ins> 1465 <ins>contractor, plumbing contractor, electrical contractor, or low voltage contractor without a
</ins> 1466 <ins>license as required under this chapter or by constructing, erecting, altering, or repairing a
</ins> 1467 <ins>utility system without a properly certified utility manager or properly certified utility
</ins> 1468 <ins>foreman present at the job site.
</ins> 1469 <ins>(d) With respect to plumbing contracting, conditioned air contracting, low voltage
</ins> 1470 <ins>contracting, and electrical contracting, the violation of any cease and desist order of the
</ins> 1471 <ins>board issued under subsection (c) of this Code section shall subject the person violating the
</ins> 1472 <ins>order to further proceedings before the board, and the board shall be authorized to impose
</ins> 1473 <ins>a fine not to exceed $1,500.00 for each violation thereof. Each day that a person practices
</ins> 1474 <ins>in violation of this Code section and chapter shall constitute a separate violation.
</ins> 1475 <ins>(e) With respect to utility contracting, the violation of any cease and desist order of the
</ins> 1476 <ins>board issued under subsection (c) of this Code section shall subject the person violating the
</ins> 1477 <ins>order to further proceedings before the board, and the board shall be authorized to impose
</ins> 1478 <ins>a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices
</ins> 1479 <ins>in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility
</ins> 1480 <ins>system without a properly certified utility manager or properly certified utility foreman
</ins> 1481 <ins>present at such job site shall constitute a separate violation.
</ins>
1482 <ins>(f) Nothing in this Code section shall be construed to prohibit the board from seeking
</ins> 1483 <ins>remedies otherwise available by statute without first seeking a cease and desist order in
</ins> 1484 <ins>accordance with the provisions of this Code section.
</ins> 1485 <ins>(g) Any person violating this chapter shall be guilty of a misdemeanor and, upon
</ins> 1486 <ins>conviction thereof, shall be fined not more than $1,000.00 or imprisoned for not more than
</ins> 1487 <ins>six months, or both.
</ins> 1488 <ins>43-14-18.
</ins> 1489 <ins>(a) Every person holding a license issued by a division of the board shall display it in a
</ins> 1490 <ins>conspicuous manner at his or her place of business.
</ins> 1491 <ins>(b) All commercial vehicles used by licensees and certificate holders exclusively in the
</ins> 1492 <ins>daily operation of their business shall have prominently displayed thereon the company or
</ins> 1493 <ins>business registration or certificate number issued by the Secretary of State's office. Such
</ins> 1494 <ins>registration number or certificate number, or website address where such number can be
</ins> 1495 <ins>found, shall also be prominently displayed on any advertising relating to work which a
</ins> 1496 <ins>licensee or certificate holder purports to have the capacity to perform. Said registration or
</ins> 1497 <ins>certificate number shall also be printed on all invoices and proposal forms.
</ins> 1498 <ins>43-14-19.
</ins> 1499 <ins>(a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air
</ins> 1500 <ins>conditioning and heating, or electrical or low voltage wiring or utility systems within or on
</ins> 1501 <ins>public or private buildings, structures, or premises except as otherwise provided in this
</ins> 1502 <ins>Code section.
</ins> 1503 <ins>(b) Any person that holds a license issued under this chapter may engage in the business
</ins> 1504 <ins>of plumbing contracting, electrical contracting, conditioned air contracting, low voltage
</ins> 1505 <ins>contracting, or utility contracting but only as prescribed by the license, throughout the state;
</ins> 1506 <ins>and except as provided in Code Section 43-14-16, no municipality or county may require
</ins>
1507 <ins>such person to comply with any additional licensing requirements imposed by such
</ins> 1508 <ins>municipality or county.
</ins> 1509 <ins>(c) This chapter shall not apply to:
</ins> 1510 <ins>(1) The installation, alteration, or repair of plumbing, air conditioning and heating, utility
</ins> 1511 <ins>systems, or electrical services, except low voltage wiring services, up to and including
</ins> 1512 <ins>the meters where such work is performed by and is an integral part of the system owned
</ins> 1513 <ins>or operated by a public service corporation, an electrical, water, or gas department of any
</ins> 1514 <ins>municipality in this state, a railroad company, a pipeline company, or a mining company
</ins> 1515 <ins>in the exercise of its normal function as such;
</ins> 1516 <ins>(2) Low voltage wiring performed by public utilities, except that the portion of the
</ins> 1517 <ins>business of public utilities which involves the installation, alteration, repair, or service
</ins> 1518 <ins>of telecommunications systems for profit shall be covered under this chapter;
</ins> 1519 <ins>(3) The installation, construction, or maintenance of power systems or
</ins> 1520 <ins>telecommunications systems for the generation or distribution of electric current
</ins> 1521 <ins>constructed under the National Electrical Safety Code, which regulates the safety
</ins> 1522 <ins>requirements of utilities; but the interior wiring regulated by the National Electrical
</ins> 1523 <ins>Safety Code shall not be exempt and must be done by an electrical contractor, except as
</ins> 1524 <ins>otherwise provided by law; provided, however, that a tier 2 local exchange company, as
</ins> 1525 <ins>defined in Code Section 46-5-162, may perform low-voltage interior wiring without
</ins> 1526 <ins>licensure as an electrical contractor solely to the extent such wiring is necessary for the
</ins> 1527 <ins>installation, maintenance, repair, or operation of its own telecommunications systems and
</ins> 1528 <ins>network infrastructure. Such work shall be performed only by employees of the tier 2
</ins> 1529 <ins>local exchange company and shall not include general electrical service work or
</ins> 1530 <ins>modification of building power distribution systems unrelated to the provider's
</ins> 1531 <ins>telecommunications systems;
</ins>
1532 <ins>(4) Any technician employed by a municipal or county franchised community antenna
</ins> 1533 <ins>television (CATV) system or a municipally owned CATV system in the performance of
</ins> 1534 <ins>work on the system;
</ins> 1535 <ins>(5) Regular full-time employees of an institution, manufacturer, or business who perform
</ins> 1536 <ins>plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting
</ins> 1537 <ins>when working on the premises of their employer;
</ins> 1538 <ins>(6) A contractor certified by the Department of Public Health to make the connection to
</ins> 1539 <ins>any on-site waste-water management system from the stub out exiting the structure to an
</ins> 1540 <ins>on-site waste-water management system;
</ins> 1541 <ins>(7) Any employee or authorized agent of a regulated gas utility or municipally owned
</ins> 1542 <ins>gas utility while in the course and scope of such employment; or
</ins> 1543 <ins>(8) Persons licensed as manufactured or mobile home installers by the state fire marshal
</ins> 1544 <ins>when:
</ins> 1545 <ins>(A) Coupling the electrical connection from the service entrance panel outside the
</ins> 1546 <ins>manufactured housing to the distribution panel board inside the manufactured housing;
</ins> 1547 <ins>(B) Connecting the exterior sewer outlets to the aboveground sewer system; or
</ins> 1548 <ins>(C) Connecting the exterior water line to the aboveground water system.
</ins> 1549 <ins>(d) This chapter shall not prohibit:
</ins> 1550 <ins>(1) An individual from installing, altering, or repairing plumbing fixtures, air
</ins> 1551 <ins>conditioning and heating, air conditioning and heating fixtures, utility systems, or
</ins> 1552 <ins>electrical or low voltage wiring services in a residential dwelling owned or occupied by
</ins> 1553 <ins>such individual; provided, however, that all such work must be done in conformity with
</ins> 1554 <ins>all other provisions of this chapter, the rules and regulations of the board, and any
</ins> 1555 <ins>applicable county or municipal resolutions, ordinances, codes, or inspection
</ins> 1556 <ins>requirements;
</ins> 1557 <ins>(2) An individual employed on the maintenance staff of a facility owned by the state or
</ins> 1558 <ins>by a county, municipality, or other political subdivision from installing, altering, or
</ins>
1559 <ins>repairing plumbing, plumbing fixtures, air conditioning and heating fixtures, utility
</ins> 1560 <ins>systems, or electrical or low voltage wiring services when such work is an integral part
</ins> 1561 <ins>of the maintenance requirements of the facility; provided, however, that all such work
</ins> 1562 <ins>must be done in conformity with all other provisions of this chapter and the orders, rules,
</ins> 1563 <ins>and regulations of the board;
</ins> 1564 <ins>(3) Any person from installing, altering, or repairing plumbing, plumbing fixtures, air
</ins> 1565 <ins>conditioning and heating fixtures, utility systems, or electrical or low voltage wiring
</ins> 1566 <ins>services in a farm or ranch service building or as an integral part of any irrigation system
</ins> 1567 <ins>on a farm or ranch when such system is not located within 30 feet of any dwelling or any
</ins> 1568 <ins>building devoted to animal husbandry. Nothing in this subsection shall be construed to
</ins> 1569 <ins>limit the application of any resolution, ordinance, code, or inspection requirements of a
</ins> 1570 <ins>county or municipality relating to such connections;
</ins> 1571 <ins>(4) Any person from installing, altering, or repairing the plumbing component of a lawn
</ins> 1572 <ins>sprinkler system from a backflow preventer which was installed by a licensed plumber;
</ins> 1573 <ins>provided, however, that all such work must be done in conformity with all other
</ins> 1574 <ins>provisions of this chapter, the rules and regulations of the board, and ordinances of the
</ins> 1575 <ins>county or municipality; or
</ins> 1576 <ins>(5) Any propane dealer that is properly insured as required by law and that holds a
</ins> 1577 <ins>liquefied petroleum gas license issued by the Safety Fire Commissioner from installing,
</ins> 1578 <ins>repairing, or servicing a propane system or the gas piping or components of such system;
</ins> 1579 <ins>provided, however, that such propane dealers shall be prohibited from performing the
</ins> 1580 <ins>installation of conditioned air systems or forced air heating systems unless licensed to do
</ins> 1581 <ins>so under this chapter.
</ins> 1582 <ins>(e) Any person qualified by the Department of Transportation to perform work for the
</ins> 1583 <ins>department shall not be required to be licensed under:
</ins> 1584 <ins>(1) Code Section 43-14-10 or certified under Code Sections 43-14-11 and 43-14-12 in
</ins> 1585 <ins>order to perform work for the department; or
</ins>
1586 <ins>(2) Code Section 43-14-10 or certified under Code Sections 43-14-11 and 43-14-12 in
</ins> 1587 <ins>order to perform work for a county, municipality, authority, or other political subdivision
</ins> 1588 <ins>when such work is of the same nature as that for which the person is qualified when
</ins> 1589 <ins>performing department work; provided, however, that such work is not performed on a
</ins> 1590 <ins>utility system as defined in Code Section 43-14-2 for which the person receives
</ins> 1591 <ins>compensation.
</ins> 1592 <ins>(f) Any person who contracts with a licensed conditioned air contractor:
</ins> 1593 <ins>(1) As part of a conditioned air contract to install, alter, or repair duct systems, control
</ins> 1594 <ins>systems, or insulation is not required to hold a license from the Division of Conditioned
</ins> 1595 <ins>Air Contractors. The conditioned air contractor must retain responsibility for completion
</ins> 1596 <ins>of the contract, including any subcontracted work;
</ins> 1597 <ins>(2) To perform a complete installation, alteration, or repair of a conditioned air system
</ins> 1598 <ins>must hold a valid license from the Division of Conditioned Air Contractors; or
</ins> 1599 <ins>(3) To perform for or on behalf of a conditioned air contractor the installation, alteration,
</ins> 1600 <ins>or repair of the electrical, low voltage, or plumbing components of a conditioned air
</ins> 1601 <ins>system must hold a valid license from the appropriate division of the board.
</ins> 1602 <ins>(g) Any utility contractor holding a valid utility contractor's license under this chapter shall
</ins> 1603 <ins>be authorized to bid for and perform work on any utility system in this state without
</ins> 1604 <ins>obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a
</ins> 1605 <ins>utility system or anyone soliciting work to be performed on a utility system to refuse to
</ins> 1606 <ins>allow a utility contractor holding a valid utility contractor's license under this chapter to bid
</ins> 1607 <ins>for or perform work on a utility system on the basis that such contractor does not hold a
</ins> 1608 <ins>license under Chapter 41 of this title.
</ins> 1609 <ins>43-14-20.
</ins> 1610 <ins>(a) All licenses and certificates issued under this chapter shall be valid for a period of two
</ins> 1611 <ins>years and shall be subject to biennial renewal upon expiration.
</ins>
1612 <ins>(b) All applications for renewal of a license or certificate shall be filed with the division
</ins> 1613 <ins>director prior to the expiration date, accompanied by the biennial renewal fee prescribed
</ins> 1614 <ins>by the board and certifying that all current requirements of continuing education as
</ins> 1615 <ins>determined by the board have been fulfilled.
</ins> 1616 <ins>(c) Any person who fails to renew a license or certificate on or before its expiration date
</ins> 1617 <ins>may apply for late renewal during a period not to exceed 31 days immediately following
</ins> 1618 <ins>the expiration of the biennial license. Such application shall be submitted and shall include
</ins> 1619 <ins>the required renewal information and late renewal fee, as prescribed by the board.
</ins> 1620 <ins>(d) Any license or certificate that is not renewed on or before its expiration date or during
</ins> 1621 <ins>the late renewal period provided in subsection (c) of this Code section shall lapse and shall
</ins> 1622 <ins>not be in good standing unless reinstated pursuant to this Code section.
</ins> 1623 <ins>(e) If an application for reinstatement is submitted less than three years after the expiration
</ins> 1624 <ins>date of the license or certificate, the applicant shall submit a reinstatement application, the
</ins> 1625 <ins>required reinstatement fee, verification that the licensee or certificate holder has completed
</ins> 1626 <ins>the required continuing education requirements, and any other information, as prescribed
</ins> 1627 <ins>by the board.
</ins> 1628 <ins>(f) If an application for reinstatement is submitted more than three years after the
</ins> 1629 <ins>expiration date of a license or certificate, the applicant shall, in addition to satisfying the
</ins> 1630 <ins>applicable continuing education requirements, comply with any additional requirements
</ins> 1631 <ins>prescribed by the board or the appropriate division. Such requirements may include, when
</ins> 1632 <ins>applicable to the license or certificate sought, reexamination and the submission of an
</ins> 1633 <ins>affidavit attesting that the applicant meets the applicable experience requirements.
</ins> 1634 <ins>(g) Each division of the board is authorized to require individuals seeking renewal of any
</ins> 1635 <ins>license or certificate issued under this chapter to complete continuing education courses
</ins> 1636 <ins>approved by that division.
</ins> 1637 <ins>(h) Each division may approve continuing education courses or programs offered within
</ins> 1638 <ins>or outside this state for licensees and certificate holders, subject to reasonable,
</ins>
1639 <ins>nondiscriminatory fees. Such courses or programs shall relate to the licensed activity and
</ins> 1640 <ins>shall be offered by qualified providers in accordance with rules adopted by the board.
</ins> 1641 <ins>Courses conducted primarily to promote specific products or services shall not be
</ins> 1642 <ins>permitted.
</ins> 1643 <ins>(i) Each division may waive the continuing education requirements in cases of hardship,
</ins> 1644 <ins>disability, or illness or under such other circumstances as the division deems appropriate.
</ins> 1645 <ins>(j) Each division shall make all reasonable efforts to make the continuing education
</ins> 1646 <ins>offered pursuant to this Code section available online or through home study courses and
</ins> 1647 <ins>accessible at times outside of the normal work hours of those licensed by such division.
</ins> 1648 <ins>(k) Continuing education hours shall not be carried forward to a subsequent renewal
</ins> 1649 <ins>period.
</ins> 1650 <ins>(l) Failure to comply with the continuing education or renewal requirements of this Code
</ins> 1651 <ins>section shall render the license or certificate invalid and subject the licensee or certificate
</ins> 1652 <ins>holder to disciplinary action, including denial of renewal or revocation of the license. Such
</ins> 1653 <ins>licensee or certificate holder shall not be authorized to engage in the business or profession
</ins> 1654 <ins>for which licensed until the license or certificate is renewed or reinstated in accordance
</ins> 1655 <ins>with applicable procedures.
</ins> 1656 <ins>43-14-21.
</ins> 1657 <ins>(a) As used in this Code section, the term:
</ins> 1658 <ins>(1) 'Discharge' means an honorable discharge or a general discharge from active military
</ins> 1659 <ins>service. Such term shall not mean a discharge under other than honorable conditions, a
</ins> 1660 <ins>bad conduct discharge, or a dishonorable discharge.
</ins> 1661 <ins>(2) 'Military' means the armed forces of the United States or a reserve component of the
</ins> 1662 <ins>armed forces of the United States, including the National Guard.
</ins> 1663 <ins>(b) A committee composed of the division director, members of the Governor's Office of
</ins> 1664 <ins>Workforce Development, and members of the relevant divisions of the licensing board
</ins>
1665 <ins>representing the profession for which the applicant is seeking a license shall determine the
</ins> 1666 <ins>military specialties or certifications the training or experience for which substantially meets
</ins> 1667 <ins>or exceeds the requirements to obtain a license for Electrical Contractor Class I,
</ins> 1668 <ins>Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The
</ins> 1669 <ins>Governor shall designate a chairperson from among the members of the committee.
</ins> 1670 <ins>(c) Any current or former member of the military may apply to the licensing board for the
</ins> 1671 <ins>expedited issuance of a license or certification based upon his or her having obtained a
</ins> 1672 <ins>military specialty or certification, the training or experience for which substantially meets
</ins> 1673 <ins>or exceeds the requirements to obtain a license or certification identified in subsection (b)
</ins> 1674 <ins>of this Code section.
</ins> 1675 <ins>(d) In order to qualify under this Code section, an applicant shall make application not
</ins> 1676 <ins>later than two years after his or her discharge. The licensing board, in its discretion, may
</ins> 1677 <ins>by rule or regulation extend such two-year period for a license or certification, or class
</ins> 1678 <ins>thereof, or may extend such two-year period for an individual applicant if certain
</ins> 1679 <ins>circumstances, including, but not limited to, health, hospitalization, or other related
</ins> 1680 <ins>emergencies or exigencies, prevented the member of the military from making an
</ins> 1681 <ins>application.
</ins> 1682 <ins>(e) Such application shall be in such form and shall require such documentation as the
</ins> 1683 <ins>division director shall determine. If the applicant satisfies the requirements of this Code
</ins> 1684 <ins>section, the division director shall direct the appropriate division to issue the appropriate
</ins> 1685 <ins>license, and the division shall immediately issue such license; provided, however, that the
</ins> 1686 <ins>applicant shall satisfy all financial and insurance requirements for the issuance of such
</ins> 1687 <ins>license. This Code section shall only apply to the initial issuance of a license. After the
</ins> 1688 <ins>initial issuance of a license, the licensee shall be subject to any provisions relating to the
</ins> 1689 <ins>renewal of the license applicable to all licensees.
</ins>
1690 <ins>43-14-22.
</ins> 1691 <ins>The board may establish a process through rules and regulations for licenses issued under
</ins> 1692 <ins>this chapter to be placed on inactive status and the qualifications necessary for such
</ins> 1693 <ins>licenses to be returned to active status; provided, however, that engaging in any conduct
</ins> 1694 <ins>that requires a license under this chapter while holding an inactive license shall be
</ins> 1695 <ins>considered an unlicensed practice and shall be prohibited.
</ins> 1696 <ins>43-14-23.
</ins> 1697 <ins>Each division of the board may, in its discretion, grant a license or certificate to any person
</ins> 1698 <ins>who, at the time of application, is licensed or certified in another state whose requirements
</ins> 1699 <ins>for licensure are substantially equal to the requirements for a similar license or certificate
</ins> 1700 <ins>issued under this chapter, and to grant such person full privileges to engage in equivalent
</ins> 1701 <ins>practice authorized under this chapter without requiring an examination, if applicable,
</ins> 1702 <ins>provided that:
</ins> 1703 <ins>(1) The applicant has been principally engaged in the practice authorized by such license
</ins> 1704 <ins>or certificate for a period of not less than two years immediately preceding the
</ins> 1705 <ins>application;
</ins> 1706 <ins>(2) The applicant submits a proper application, pays a fee in an amount established by
</ins> 1707 <ins>the board, and completes any additional safety training courses required by the board; and
</ins> 1708 <ins>(3) The state in which the applicant is licensed or certified affords substantially
</ins> 1709 <ins>equivalent licensure or certification privileges to persons licensed or certified under this
</ins> 1710 <ins>chapter by the State of Georgia.
</ins> 1711 <ins>43-14-24.
</ins> 1712 <ins>This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia
</ins> 1713 <ins>Administrative Procedure Act.'"
</ins>
1714 SECTION 3.
1715 Code Section 48-7-38 of the Official Code of Georgia Annotated, relating to deduction for
1716 payments to classified subcontractors, disclosure of tax returns, and maintenance of list of
1717 classified subcontractors, is amended by revising paragraph (2) of subsection (a) as follows:
1718 "(2) 'Small business' <del>shall have the same meaning as provided in Code Section 50-5-121
</del> 1719 <ins>means a business which is independently owned and operated and:
</ins> 1720 <ins>(A) Tier one: has ten or fewer employees or $1 million or less in gross receipts per
</ins> 1721 <ins>year;
</ins> 1722 <ins>(B) Tier two: has 100 or fewer employees or $10 million or less in gross receipts per
</ins> 1723 <ins>year; or
</ins> 1724 <ins>(C) Tier three: has 300 or fewer employees or $30 million or less in gross receipts per
</ins> 1725 <ins>year."
</ins> 1726 SECTION 4.
1727 All laws and parts of laws in conflict with this Act are repealed.