SB 125: Professional Engineers and Land Surveyors; decouple the sequential order of experience and examination requirements

Senate Bill 125

By: Senators Walker III of the 20th, Setzler of the 37th, Kennedy of the 18th, Strickland of the 42nd, Brass of the 6th and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Titles 8, 10, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to buildings and housing, commerce and trade, local government, professions and businesses, and public utilities and public transportation, respectively, so as to revise provisions relating to professional licenses; to establish on behalf of professional licensing boards under the jurisdiction of the office of the Secretary of State a continuing education tracking solution to monitor compliance of licensees with applicable continuing education requirements; to provide for definitions; to require compliance with continuing education requirements prior to the issuance of certain licenses; to provide for the adoption of rules and regulations; to change certain provisions relating to electrical contractors, plumbers, conditioned air contractors, low voltage contractors, and utility contractors; to change certain definitions; to provide for qualifications of the State Construction Industry Licensing Board; to provide for certain restrictions relating to classes of low voltage licenses; to change certain provisions related to the power and duties of the divisions and the division director; to provide for additional licensing requirements; to provide requirements for license renewals and inactive licenses; to provide for approval of safety training; to change certain provisions relating to applicability; to decouple the sequential order of experience and examination requirements for professional engineers; to provide for conforming cross-references and terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 14, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, as follows: "CHAPTER 14

43-14-1.

This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage low voltage wiring, utility contracting, or conditioned air installations. The practice practices of electrical contracting, plumbing contracting, installing, or repairing, low-voltage 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.

43-14-2.

As used in this chapter, the term:

(.1)(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 event. (1)(2) 'Board' means the State Construction Industry Licensing Board. (2)(3) 'Certificate of competency' means a valid and current certificate that is issued by the Division of Electrical Contractors created in Code Section 43-14-3, which certificate shall give and that gives the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor.

(3)(4) 'Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment., which includes, but is not limited to:

(A) Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system.; and (B) Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system.

(4)(5) 'Conditioned air contractor' means an individual who is any person engaged in conditioned air contracting under express or implied contract or who 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. The term 'conditioned air contractor' Such term shall not include a person an individual who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work.

(5)(6) 'Conditioned air equipment' means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter.

(6)(7) '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 low voltage contracting. (7)(8) 'Electrical contractor' means any person who engages engaged in the business of electrical contracting under express or implied contract or who that bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term 'electrical contractor' Such term shall not include a person an individual who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work. (8)(9) 'Executive director' means the executive director of the State Construction Industry Licensing Board.

(8.1)(10) 'General system' means any electrical system, other than an alarm or telecommunication system, involving low-voltage low voltage wiring. (9)(11) 'Journeyman plumber' means any person individual other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber.

(10)(12) 'License' means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.

(10.1)(13) 'Low voltage 'Low-voltage contracting' means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low-voltage low voltage wiring. (10.2)(14) 'Low voltage 'Low-voltage contractor' means an individual who is any person engaged in low-voltage low voltage contracting under express or implied contract or who that bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage low voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed.

(10.3)(15) 'Low voltage 'Low-voltage wiring' means:

(A) Wiring systems of 50 volts or less and control circuits directly associated therewith;

(B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or

(C) Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable disconnecting means which has been installed for the specific purpose of supplying the low-voltage low voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose.

(11)(16) 'Master plumber' means any individual engaging engaged in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract.

(12)(17) 'Plumbing' means:

(A) The 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, or conveyance, or manhole; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the 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; provided, however, that licensure under this chapter shall not be required for a contractor certified by the Department of Public Health to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system.

(12.1)(18) 'Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access.

(13)(19) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system. (14)(20) 'Utility contractor' means a sole proprietorship, partnership, or corporation which is engaged in utility contracting under express or implied contract or which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract.

(15)(21) 'Utility foreman' means any individual who is employed by a licensed contractor to supervise the construction, erection, alteration, or repair of utility systems. (16)(22) 'Utility manager' means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems.

(17)(23) 'Utility system' means:

(A) Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems; and

(B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity.

43-14-3.

(a) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director.

(b) The board shall be composed of 27 members as follows:

(1) Five members known as the Division of Electrical Contractors, one of whom shall be a consulting professional engineer engaged in electrical practice, another of whom shall be the chief electrical an inspector with electrical inspection duties of a county or municipality, and shall have served in such office for five years immediately preceding appointment to the board or a third-party inspector regularly providing inspections to a county or municipality, and the remaining three of whom shall be engaged in the electrical contracting business licensed electrical contractors in this state;

(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber;

(3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade;

(4) Five members known as the Division of Low-voltage Low Voltage Contractors, one of whom shall be an alarm system low-voltage low voltage contractor, one of whom shall be an unrestricted low-voltage low voltage contractor, one of whom shall be a telecommunication system low-voltage low voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical 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 electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns.

(c) All members shall be appointed by the Governor, subject to confirmation by the Senate, for four-year terms.

(d) A member shall serve until a successor has been duly appointed and qualified.

(e) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment.

(f) Any appointive appointed member who, during his or her term, shall cease to meet the qualifications for original appointment shall thereby forfeit membership on the board.

(g) 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.

(h) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct.

(i) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-14-4.

(a) The office of chairperson shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person individual selected to fill the vacancy shall be a member of the same division as the previous chairperson.

(b) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members.

(c) Each division within the board shall also elect from its membership a chairperson who shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled by one of the members for the unexpired term.

(d) Any member elected chairperson of a division may serve more than one consecutive term of office.

(e) Each division shall carry out its powers and duties provided for in this chapter with the assistance of the executive director and staff of the board.

(f) The divisions shall meet at the call of the chairperson.

(g) Three members of each division shall constitute a quorum for the transaction of business of such division.

43-14-5.

The board shall have the power to:

(1) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time;

(2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage low voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal 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 change it at pleasure modify such seal as the board deems necessary;

(4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility plumbing contracting, low voltage contracting, utility contracting, and conditioned air contracting;

(4.1)(5) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-10 43-14-14 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; (5)(6) Determine qualifications for licensure or certification including such experience requirements as the board deems necessary; and

(6)(7) Promulgate and adopt rules and regulations necessary to carry out this chapter.

43-14-6.

(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Low Voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage 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 Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:

(1) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates., as follows: (A) The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving multifamily structures of not more than two levels or single-family dwellings of up to three levels. In addition, the; provided, however, that such structures shall have single-phase electrical installations which do not exceed 400 amperes at the service drop or the service lateral. Class II licenses shall be unrestricted.; (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. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level multifamily dwellings designed for not more than two families three stories and commercial structures not to exceed 10,000 20,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. Only a journeyman plumber, a Master Plumber Class I, or a Master Plumber Class II shall be authorized to install, maintain, alter, or repair medical gas piping systems; (C) The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU

(net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted.; and

(D) The Division of Low-voltage Low Voltage Contractors shall approve separate examinations for:

(i) Low Voltage Low-voltage Contractor Class LV-A, licenses restricted to alarm and general system low voltage contracting;

(ii) Low Voltage Low-voltage Contractor Class LV-T, licenses restricted to telecommunication and general system low voltage contracting;

(iii) Low Voltage Contractor Class LV-G licenses restricted to general system low voltage contracting; and

(iv) Low Voltage Contractor Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses that shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage low voltage contracting;

(2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:

(A) Electrical Contractor Class I;

(B) Electrical Contractor Class II;

(C) Master Plumber Class I;

(D) Master Plumber Class II;

(E) Journeyman Plumber;

(F) Conditioned Air Contractor Class I;

(G) Conditioned Air Contractor Class II;

(H) Low-voltage Low Voltage Contractor Class LV-A;

(I) Low-voltage Low Voltage Contractor Class LV-T;

(J) Low-voltage Low Voltage Contractor Class LV-G;

(K) Low-voltage Low Voltage Contractor Class LV-U;

(L) Utility Contractor; Class A;

(M) Utility Contractor; Class B;

(N) Utility Contractor; Class U;

(O) Utility Manager (certificate); and

(P) Utility Foreman (certificate);

(3) Investigate, with the aid of the division director, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;

(4) After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds:

(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;

(B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;

(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or certified under this chapter;

(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;

(E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession;

(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;

(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage 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 low voltage contracting, utility contracting, or conditioned air contracting; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;

(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or

(I) With respect to utility contractors, violations of Chapter 9 of Title 25;

(5) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the division director a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and

(6) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter.

(b) The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.

(c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to Code Section 43-14-12 43-14-16. (d)(1) The Division of Conditioned Air Contractors shall be authorized to:

(1) Require require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses to complete board approved continuing education of not more less than four hours annually.;

(2) Approve The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing Such continuing education courses or programs shall be in the areas of safety, technological advances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. The continuing education requirements of this subsection shall not be required for any licensed conditioned air contractor who is a registered professional engineer;

(2)(3) Administer all All provisions of this subsection relating to continuing professional education shall be administered by the division.;

(3)(4) Waive The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.; and

(4)(5) Promulgate The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

(5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.

(6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal.

(e)(1) The Division of Electrical Contractors shall be authorized to:

(1) Require individuals require persons seeking renewal of Electrical Contractor Class I and Class II licenses to complete board approved courses or courses which meet board criteria for continuing education courses of not more less than four hours annually.;

(2) Approve The division shall be authorized to approve continuing education courses to be held within or outside this state that are available to all licensed electrical contractors on a reasonable nondiscriminatory fee basis. Any request for division approval of a continuing education course shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the division. The division may contract with institutions of higher learning, professional organizations, or other qualified persons to provide programs that meet the requirements of this paragraph subsection and any rules or regulations established by the division. Such programs shall be self-sustaining by the individual fees set and collected by the provider of the program.; and

(2)(3) Waive The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

(f)(1) The Division of Utility Contractors shall be authorized to:

(1) Require individuals require persons seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter to complete board approved continuing education of not more than four hours annually.;

(2) Approve The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to utility contracting provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.; and (2)(3) Waive The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

(g)(1) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to:

(1) Require individuals require persons seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses to complete board approved continuing education of not more less than four hours annually.;

(2) Approve The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to plumbing provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.; and

(2)(3) Waive The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.

(h) Each division shall make all reasonable efforts to make the continuing education offered pursuant to this Code section available online or through home study courses and accessible at times outside of the normal work hours of those licensed by such division.

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 he the director, the board, the divisions of the board, or any district attorney may deem necessary or advisable.

43-14-8.

(a)(1) No person shall engage in the electrical contracting business as an electrical contractor unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6.

(2) A person who that is not licensed as an electrical contractor or who that does not have a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6, or both as may be applicable, shall be prohibited from advertising in any manner that such person is in the business or profession of electrical contracting unless the work is performed by a licensed electrical contractor. (b)(1) No person shall engage in the business of plumbing contracting as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. Notwithstanding any other provisions of this chapter, any person who holds a valid master plumber license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system; provided, however, that only persons who hold a valid license to engage in plumbing under this chapter shall be qualified to construct, alter, or repair any plumbing system within five feet of any building, structure, or conveyance.

(2) No person shall engage in the business of plumbing contracting as a journeyman master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. A person that is not licensed as a Master Plumber Class 1 or a Master Plumber Class II shall be prohibited from advertising in any manner that such person is in the business or profession of plumbing contracting.

(3) A person who does not have a valid license from the Division of Master Plumbers and Journeyman Plumbers shall be prohibited from advertising in any manner that such person is in the business or profession of plumbing as a master plumber or journeyman plumber unless such person is licensed by the Division of Master Plumbers and Journeyman Plumbers and unless the work is performed by a licensed plumber. (c)(1) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid conditioned air contractor license from the Division of Conditioned Air Contractors.

(2) A person who that is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor.

(d)(1) No person shall engage in low voltage contracting unless such person has a valid license from the Division of Low Voltage Contractors; provided, however, that:

(A) An employee of a low voltage contractor who receives only a salary or hourly wage for performing low voltage contracting work may but shall not be required to be licensed under this chapter to perform such low voltage contracting work, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as provided for in Code Section 43-14-9 shall be required to be licensed; and

(B) Tier 2 local exchange companies, as such term is set forth in subparagraph (B) of paragraph (10) of Code Section 46-5-162, as well as any affiliates or subsidiaries of such companies, may but shall not be required to be licensed under this chapter to engage in low voltage contracting.

(2) Except as provided in paragraph (1) of this subsection, a person that is not licensed as a low voltage contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a low voltage contractor unless the work is performed by a licensed low voltage contractor.

(d)(e) Notwithstanding any other provision of this chapter, prior to and including September 30, 1983, the following persons, desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appropriate division of the State Construction Industry Licensing Board, provided that such individual submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter:

(1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter;

(2) Any individual holding a license issued by the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors;

(3) Any individual holding a license to engage in such vocation issued to him or her by any governing authority of any political subdivision; and

(4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he or she has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division.

(e)(f) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in such vocation after September 30, 1983, a business licensed under this chapter shall take the examination and qualify under this chapter before engaging in such vocation or business, including such vocation at the local level. (f)(g) 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 actually 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, upon application by the electrical contractor showing good cause, grant one additional 90 day grace period.

(g)(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually actively engaged in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter; provided, however, that partners, officers, and employees of any individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of plumbing contracting under a license which was valid at the time of the licensee's death for a period of 90 days from the date of such death. The division may, at its discretion, upon application by the plumbing contractor showing good cause, grant one additional 90 day grace period. (h)(i) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually 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 the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 days following from the date of such death. The division may, at its discretion, upon application by the conditioned air contractor showing good cause, grant one additional 90 day grace period.

(j) Partnerships, limited liability companies, or corporations having more than one office location from which conditioned air contracting is performed shall have at least one person stationed in each branch office of such partnership, limited liability company, or corporation who is engaged in the performance of conditioned air contracting on a full-time basis; who is supervising the installation, repair, alteration, and service work of air-conditioning and heating systems of all employees of such branch office locations; and who has a valid license issued as provided in this Code section. (i)(k) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this chapter to notify the appropriate division immediately 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. (j)(l) Applicants All applicants for examinations and licenses provided for by this chapter and all any applicants for renewal of licenses under this chapter shall be required to fill out a form which shall be provided by each division, showing whether or not complete a division approved form on which the applicant will:

(1) Indicate if the applicant is an individual, partnership, limited liability company, or corporation; and, if

(2) If the applicant is a partnership, limited liability company, or corporation, provide the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require.; and

(3) If the renewal is for All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it indicate whether a duly qualified person holding a license issued by the division is still connected with such entity.

(k) The board shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (d) of this Code section. The board shall notify such governing authorities that after September 30, 1983, any person desiring a license to engage in a profession covered by this chapter shall be required to pass an examination as provided in this chapter.

(l)(m) Applicants who have a failing examination score on two consecutive testing attempts within the approved testing time frame Any applicant for licensure standing the examination on and after July 1, 1989, who fails the examination for licensure twice after such date shall be required to present satisfactory evidence to the appropriate division that the applicant has completed a board approved review course before such applicant will be admitted to a third examination approved to take the examination again. If such applicant fails the examination a third time, the applicant shall not be required to complete additional board approved review courses prior to taking subsequent examinations.

43-14-8.1 43-14-9.

(a) For purposes of this Code section only, 'division' means the 'Division of Low-voltage Low Voltage Contractors.'

(b) No person shall engage in alarm system, general system, or telecommunication system low-voltage low voltage contracting unless such person has a valid license therefor from the Division of Low-voltage Low Voltage Contracting. (c)(1) Prior to January 1, 1985, any Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Low Voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination.

(2) An individual desiring to obtain Low-voltage Low Voltage Contractor Class LV-T shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage low voltage wiring relating to telecommunication systems. (3) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-A license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage low voltage wiring relating to alarm systems. (4) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-G license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage low voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. (5) An individual desiring to obtain a Low-voltage Low Voltage Contractor Class LV-U license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low-voltage low voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage low voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed low-voltage low voltage wiring in those areas for a period of at least one year immediately prior to the time of application.

(6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection shall describe in detail the installation of at least three complete low voltage wiring jobs which shall demonstrate that the individual has successfully performed low voltage wiring in the area of licensure requested for a period of at least one year prior to the time of application.

(d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, individuals serving as partners in partnerships, applicants for limited liability companies, or applicants for corporations desiring to engage in the vocation of low-voltage low voltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation.

(e) No partnership, limited liability company, or corporation shall have the right to engage in the business of low-voltage low voltage contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually actively engaged in the performance of such business on a full-time basis and supervising the low-voltage 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.

(f) Partnerships, limited liability companies, or corporations having In cases where a partnership, limited liability company, or corporation has more than one office location from which low-voltage 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 low voltage contracting on a full-time basis and; who is supervising the low-voltage low voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations, shall have; and who has a valid license issued as provided in this Code section.

(f) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom the qualification of any such partnership, limited liability company, or corporation rested.

(g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division.

(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after December 31, 1984, any person desiring a license to engage in the vocation of low-voltage contracting shall be required to pass an examination as provided in this chapter.

43-14-8.2 43-14-10.

(a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'

(b)(1) After June 30, 1994, no No sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless:

(A) Such such business holds a utility contractor license; and

(B) There there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter, and such. Such utility manager must be actually 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 In cases where 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.

(2)(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.

(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall:

(1) Submit a completed application to the division on the form provided indicating:

(A) The names and addresses of proprietor, partners, or officers of such applicant;

(B) The place and date such partnership was formed or such corporation was incorporated; and

(C) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed;

(2) Submit its safety policy which must meet the minimum standards established by the board;

(3) Pay or have paid the required fees; and

(4) Not be otherwise in violation of this chapter.

(d) The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive.

(e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of 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.

(f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within five 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.

(g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division.

(h) It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter.

43-14-8.3 43-14-11.

(a) After June 30, 1994, no No person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors.

(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees, and shall pass an examination, and. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a board approved safety training course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course.

(c) An applicant may request an oral administration of the examination.

43-14-8.4 43-14-12.

(a) After June 30, 1994, no No person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors.

(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a board approved safety training course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified.

(c) After June 30, 1994, no 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.

43-14-9 43-14-13.

(a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his or her place of business.

(b) All commercial vehicles used by licensees and certificate holders exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration or certificate number issued by the Secretary of State's office. Such registration number or certificate number, or website address where such number can be found, shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to work which a licensee or certificate holder purports to have the capacity to perform. Said registration or certificate number shall also be printed on all invoices and proposal forms.

43-14-10 43-14-14.

This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

43-14-11 43-14-15.

Whenever it shall appear to a division of the board or to the executive director or to a county or municipal inspection authority that any person is or has been violating this chapter or any of the lawful rules, regulations, or orders of the board, the division of the board, the local inspection authority, or the appropriate prosecuting attorney may file a petition for an injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided for by law. 43-14-12 43-14-16.

(a) Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing. (b)(1) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.

(2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond.

(3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed.

(4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13.

(c) No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter.

43-14-12.1 43-14-17.

(a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting, plumbing contracting, or electrical contracting by an unlicensed person.

(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor, plumbing contractor, or electrical contractor advertises that such person is in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor, is a licensed plumbing contractor in the business or profession of a plumbing contractor, or is a licensed electrical contractor in the business or profession of an electrical contractor. Advertising under this subsection includes, but is not limited to, newspaper, internet, social media and digital applications, television, radio, telephone directory listings, mailings, business cards, or sign at signage at a place of business or attached to a vehicle.

(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor without a license as required under this chapter.

(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 $1,500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.

(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

43-14-12.2 43-14-18.

(a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4 43-14-10, 43-14-11, or 43-14-12, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person.

(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place of business or attached to a vehicle.

(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job site.

(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation.

(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

43-14-13 43-14-19.

(a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage low voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.

(b) Any person who that holds a license issued under this chapter may engage in the business of plumbing contracting, electrical contracting, conditioned air contracting, low-voltage low voltage contracting, or utility contracting but only as prescribed by the license, throughout the state; and except as provided in Code Section 43-14-12 43-14-16, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.

(c) This chapter shall not apply to:

(1) The the installation, alteration, or repair of plumbing, air-conditioning and heating, utility systems, or electrical services, except low-voltage low voltage wiring services, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation, an electrical, water, or gas department of any municipality in this state, a railroad company, a pipeline company, or a mining company in the exercise of its normal function as such.;

(2) Low voltage wiring performed by public utilities, except that the portion of the business of public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter;

(3) The installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code shall not be exempt and must be done by an electrical contractor, except as otherwise provided by law;

(4) Any technician employed by a municipal or county franchised community antenna television (CATV) system or a municipally owned CATV system in the performance of work on the system;

(5) Regular full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting when working on the premises of their employer;

(6) A contractor certified by the Department of Public Health to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system;

(7) Any employee or authorized agent of a regulated gas utility or municipally owned gas utility while in the course and scope of such employment; or

(8) Persons licensed as manufactured or mobile home installers by the state fire marshal when:

(A) Coupling the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing;

(B) Connecting the exterior sewer outlets to the aboveground sewer system; or

(C) Connecting the exterior water line to the aboveground water system.

(d) This chapter shall not prohibit:

(1) An an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services in a residential dwelling owned or occupied by such individual; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and any applicable county or municipal resolutions, ordinances, codes, or inspection requirements.;

(e)(2) An This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.; (f)(3) Any This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage low voltage wiring services in a farm or ranch service building or as an integral part of any irrigation system on a farm or ranch when such system is not located within 30 feet of any dwelling or any building devoted to animal husbandry. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.;

(4) Any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality; or

(5) Any propane dealer that is properly insured as required by law and that holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under this chapter.

(g) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter.

(h) This chapter shall not apply to the installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor except as otherwise provided by law.

(i) This chapter shall not apply to any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.

(j) This chapter shall not apply to regular full-time employees of an institution, 1000 manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility 1001 contracting, or conditioned air contracting when working on the premises of that employer. 1002 (k) This chapter shall not apply to persons licensed as manufactured or mobile home 1003 installers by the state fire marshal when:

1004 (1) Coupling the electrical connection from the service entrance panel outside the 1005 manufactured housing to the distribution panel board inside the manufactured housing; 1006 (2) Connecting the exterior sewer outlets to the above-ground sewer system; or 1007 (3) Connecting the exterior water line to the above-ground water system. 1008 (l)(e) Any person qualified by the Department of Transportation to perform work for the 1009 department shall not be required to be licensed under:

1010 (1) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.3 1011 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for the department. Any 1012 person qualified by the Department of Transportation to perform work for the department 1013 shall not be required to be licensed under; or 1014 (2) Code Section 43-14-8.2 43-14-10 or certified under Code Sections 43-14-8.3 1015 43-14-11 and 43-14-8.4 43-14-12 in order to perform work for a county, municipality, 1016 authority, or other political subdivision when such work is of the same nature as that for 1017 which the person is qualified when performing department work; provided, however, that 1018 such work is not performed on a utility system as defined in paragraph (17) (23) of Code 1019 Section 43-14-2 for which the person receives compensation. 1020 (m) This chapter shall not prohibit any person from installing, altering, or repairing the 1021 plumbing component of a lawn sprinkler system from a backflow preventer which was 1022 installed by a licensed plumber; provided, however, that all such work must be done in 1023 conformity with all other provisions of this chapter, the rules and regulations of the board, 1024 and ordinances of the county or municipality.

1025 (n)(f) Any person who contracts with a licensed conditioned air contractor: 1026 (1) As as part of a conditioned air contract to install, alter, or repair duct systems, control 1027 systems, or insulation is not required to hold a license from the Division of Conditioned 1028 Air Contractors. The conditioned air contractor must retain responsibility for completion 1029 of the contract, including any subcontracted work.;

1030 (2) To Any person who contracts with a licensed conditioned air contractor to perform 1031 a complete installation, alteration, or repair of a conditioned air system must hold a valid 1032 license from the Division of Conditioned Air Contractors.; or 1033 (3) To Any person who contracts to perform for or on behalf of a conditioned air 1034 contractor to install, alter, or repair electrical, low-voltage the installation, alteration, or 1035 repair of the electrical, low voltage, or plumbing components of a conditioned air system 1036 must hold a valid license from the appropriate division of the board. 1037 (o) This chapter shall not prohibit any propane dealer who is properly insured as required 1038 by law and who holds a liquefied petroleum gas license issued by the Safety Fire 1039 Commissioner from installing, repairing, or servicing a propane system or the gas piping 1040 or components of such system; provided, however, that such propane dealers shall be 1041 prohibited from performing the installation of conditioned air systems or forced air heating 1042 systems unless licensed to do so under this chapter. 1043 (p) This chapter shall not apply to any employee or authorized agent of a regulated gas 1044 utility or municipal owned gas utility while in the course and scope of such employment. 1045 (q)(g) Any utility contractor holding a valid utility contractor's license under this chapter 1046 shall be authorized to bid for and perform work on any utility system in this state without 1047 obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a 1048 utility system or anyone soliciting work to be performed on a utility system to refuse to 1049 allow a utility contractor holding a valid utility contractor's license under this chapter to bid 1050 for or perform work on a utility system on the basis that such contractor does not hold a 1051 license under Chapter 41 of this title.

1052 43-14-14 43-14-20.

1053 Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction 1054 thereof, shall be fined not more than $1,000.00 $3,000.00 or imprisoned for not more than 1055 six months, or both.

1056 43-14-15 43-14-21.

1057 (a) As used in this Code section, the term:

1058 (1) 'Discharge' means an honorable discharge or a general discharge from active military 1059 service. Such term shall not mean a discharge under other than honorable conditions, a 1060 bad conduct discharge, or a dishonorable discharge.

1061 (2) 'Military' means the armed forces of the United States or a reserve component of the 1062 armed forces of the United States, including the National Guard. 1063 (b) A committee composed of the division director, members of the Governor's Office of 1064 Workforce Development, and members of the relevant divisions of the licensing board 1065 representing the profession for which the applicant is seeking a license shall determine the 1066 military specialties or certifications the training or experience for which substantially meets 1067 or exceeds the requirements to obtain a license for Electrical Contractor Class I, 1068 Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The 1069 Governor shall designate a chairperson from among the members of the committee. 1070 (c) Any current or former member of the military may apply to the licensing board for the 1071 immediate expedited issuance of a license or certification based upon his or her having 1072 obtained a military specialty or certification, the training or experience for which 1073 substantially meets or exceeds the requirements to obtain a license or certification 1074 identified in subsection (b) of this Code section.

1075 (d) In order to qualify under this subsection, an applicant shall make application not later 1076 than two years after his or her discharge. The licensing board, in its discretion, may by rule 1077 or regulation extend such two-year period for a license or certification, or class thereof, or 1078 may extend such two-year period for an individual applicant if certain circumstances, 1079 including, but not limited to, health, hospitalization, or other related emergencies or 1080 exigencies, prevented the member of the military from making an application. 1081 (e) Such application shall be in such form and shall require such documentation as the 1082 division director shall determine. If the applicant satisfies the requirements of this Code 1083 section, the division director shall direct the appropriate division to issue the appropriate 1084 license, and the division shall immediately issue such license; provided, however, that the 1085 applicant shall satisfy all financial and insurance requirements for the issuance of such 1086 license. This Code section shall only apply to the initial issuance of a license. After the 1087 initial issuance of a license, the licensee shall be subject to any provisions relating to the 1088 renewal of the license applicable to all licensees.

1089 43-14-22.

1090 The board may establish a process through rules and regulations for licenses issued under 1091 this chapter to be placed on inactive status and the qualifications necessary for such 1092 licenses to be returned to active status; provided, however, that engaging in any conduct 1093 that requires a license under this chapter while holding an inactive license shall be 1094 considered an unlicensed practice and shall be prohibited." 1095 SECTION 1-2.

1096 Said title is further by revising Code Section 43-15-9, relating to professional engineer 1097 certificate of registration and eligibility, as follows:

1098 "43-15-9.

1099 To be eligible for a certificate of registration as a professional engineer, an applicant must 1100 meet the following minimum requirements:

1101 (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) 1102 of Code Section 43-15-8;

1103 (B) Acquire a specific record of not less than four years' experience in engineering 1104 work of a character satisfactory to the board which indicates the applicant is competent 1105 to practice professional engineering; and

1106 (C) Subsequently pass Pass a written examination in the principles and practice of 1107 engineering (professional engineer's examination);

1108 (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) 1109 of Code Section 43-15-8;

1110 (B) Acquire a specific record of not less than seven years' experience in engineering 1111 work of a character satisfactory to the board which indicates the applicant is competent 1112 to practice professional engineering; and

1113 (C) Subsequently pass Pass a written examination in the principles and practice of 1114 engineering (professional engineer's examination);

1115 (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) 1116 of Code Section 43-15-8;

1117 (B) Acquire a specific record of not less than seven years' experience in engineering 1118 work of a character satisfactory to the board which indicates the applicant is competent 1119 to practice professional engineering; and

1120 (C) Subsequently pass Pass a written examination in the principles and practice of 1121 engineering (professional engineer's examination); or

1122 (4)(A) Graduate in an engineering or related science curriculum of not less than four 1123 academic years;

1124 (B) Acquire a specific record of not less than 16 years' experience in engineering work, 1125 of which at least eight years have been in responsible charge of important engineering 1126 work of a character satisfactory to the board, which indicates the applicant is competent 1127 to practice professional engineering; and

1128 (C) Subsequently pass Pass a written examination in the principles and practice of 1129 engineering (professional engineer's examination)."

1130 PART II

1131 SECTION 2-1.

1132 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, 1133 is amended by adding a new Code section to read as follows: 1134 "43-1-4.1.

1135 (a) As used in this Code section, the term:

1136 (1) 'License' means any document, permit, certificate of registration, or other 1137 authorization issued by or on behalf of a professional licensing board that is required for 1138 a person to engage in a profession, business, or trade. 1139 (2) 'Licensee' means any person who is required to be licensed or who is actually 1140 licensed by a professional licensing board.

1141 (b) The office of the Secretary of State, on behalf of all professional licensing boards under 1142 its jurisdiction that require continuing education, shall establish a continuing education 1143 tracking solution to monitor compliance of licensees with applicable continuing education 1144 requirements and to determine whether a licensee is in full compliance with such 1145 requirements at the time of making application for license renewal. Such tracking solution 1146 may be an off-premises hosted software-as-a-service application accessible through a 1147 public website. The Secretary of State may contract with third parties to implement, 1148 integrate, or otherwise provide such tracking system. 1149 (c) On and after January 1, 2026, a professional licensing board shall not renew a license 1150 until the applicant has complied with all applicable continuing education requirements as 1151 verified using the continuing education tracking solution required by subsection (b) of this 1152 Code section. Nothing in this subsection shall prohibit a professional licensing board from 1153 granting a waiver or imposing additional penalties as otherwise provided by law or by the 1154 rules or regulations of the applicable board for failure to comply with continuing education 1155 requirements.

1156 (d) The professional licensing boards and the division director may adopt any rules and 1157 regulations necessary to implement this Code section." 1158 PART III

1159 SECTION 3-1.

1160 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is 1161 amended in:

1162 (1) Code Section 8-2-26, relating to enforcement of codes generally, employment and 1163 training of inspectors, and contracts for administration and enforcement of codes, in 1164 subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section 1165 43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16". 1166 (2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing 1167 "43-14-8.1" with "43-14-9".

1168 SECTION 3-2.

1169 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is 1170 amended in:

1171 (1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive 1172 telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low 1173 voltage".

1174 (2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and 1175 activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage". 1176 (3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions 1177 of the Code, in subsection (c), by replacing "low-voltage" with "low voltage". 1178 (4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not 1179 exclusive and construction with other provisions of the Code, in subsection (b), by 1180 replacing "low-voltage" with "low voltage".

1181 SECTION 3-3.

1182 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended 1183 in Code Section 36-60-12.1, relating to fence detection systems, definition, and utilization, 1184 by revising paragraph (b)(1) as follows:

1185 "(1) Treat fence detection systems in all zoning and permitting matters exclusively as 1186 alarm systems as such term is defined in paragraph (.1) of Code Section 43-14-2; and" 1187 SECTION 3-4.

1188 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, 1189 is amended in:

1190 (1) Code Section 43-41-2, relating to definitions relative to residential and commercial 1191 general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage". 1192 (2) Code Section 43-41-17, relating to effective date of licensing and sanctioning 1193 provisions, unenforceable contracts, compliance with county or municipal requirements, 1194 exemption for DOT contractors, and other exceptions, in subsection (e), by replacing 1195 "low-voltage" with "low voltage".

1196 SECTION 3-5.

1197 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public 1198 transportation, is amended in:

1199 (1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High 1200 Voltage".

1201 (2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with 1202 "high voltage".

1203 (3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing 1204 "High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing 1205 "high-voltage" with "high voltage".

1206 (4) Code Section 46-3-33, relating to required conditions for commencing work within ten 1207 feet of high-voltage line, in the introductory language and in paragraph (2), by replacing 1208 "high-voltage" with "high voltage".

1209 (5) Code Section 46-3-34, relating to utilities protection center, funding of activities, 1210 notice of work, delay, and responsibility for completing safety requirements, by replacing 1211 "high-voltage" with "high voltage" each time the term appears. 1212 (6) Code Section 46-3-35, relating to allocation of expense of precautionary measures 1213 taken pursuant to public highway construction, by replacing "high-voltage" with "high 1214 voltage".

1215 (7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical 1216 engineering system or other entities, in subsection (b), by replacing "high-voltage" with 1217 "high voltage" both times the term appears.

1218 (8) Code Section 46-3-39, relating to restriction on liability of owners and operators of 1219 high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage" 1220 with "high voltage" each time the term appears.

1221 (9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage, 1222 indemnification, and liability for cost of delay, by replacing "high-voltage" with "high 1223 voltage" each time the term appears.

1224 PART IV

1225 SECTION 4-1.

1226 All laws and parts of laws in conflict with this Act are repealed.