43-41-3. Creation of State Licensing Board for Residential and Commercial General Contractors; membership; divisions; vacancies; qualifications; terms; meetings.

There is created the State Licensing Board for Residential and Commercial General Contractors consisting of 15 members appointed by the Governor for five-year terms. 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 and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be composed of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the commercial general contractor division. Eight members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the commercial general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be licensed in the category to which the member is appointed and shall remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or commercial general contractor, corresponding to the division for which such person is appointed. The position of any appointed member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated.#

The residential contractor division shall consist of eight members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Six members shall be residential contractors licensed under this chapter. At least two of the residential contractor members shall be licensed as residential-light commercial contractors; at least two shall be licensed as residential-basic contractors; one shall be a licensed residential contractor whose business predominantly involves remodeling projects; one shall be a licensed residential contractor who constructs at least an average of 20 residences per year; and all shall be geographically diverse. One member shall have experience as a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. The residential contractor division shall meet at least once every two months for the purpose of transacting such business as may properly come before it.#

The commercial general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of commercial general contracting. Five members shall be commercial general contractors licensed under this chapter. At least two of the commercial general contractor members shall be small-volume builders with an annual contracting volume of less than $10 million and all of whom shall be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall have experience as a public building official. The initial member terms on the commercial general contractor division shall be staggered so that all terms do not expire simultaneously. The commercial general contractor division shall meet at least once every two months for the purpose of transacting such business as may properly come before it.#