43-41-14. Role of building inspectors; penalty for noncompliance with chapter; posting of requirements.

1. (1)

   Any individual or business organization acting through a qualifying agent, intending to perform work as a residential or commercial general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed commercial general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or commercial general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a commercial general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or commercial general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or commercial general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues such a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000.00.#

2. (2)

   Any business organization acting under paragraph (1) of subsection (e) of Code Section 43-41-9 after the termination of its qualifying agent’s affiliation with the business organization, upon applying to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing permits for contemplated construction work requiring performance by a licensed residential or commercial general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority a sworn written document by the financially responsible officer, the president or chief executive officer, the partner, or, in the case of a limited partnership, the general partner, who has assumed all responsibilities of a qualifying agent for the business organization, attesting that the permit application is made within 180 days after the termination of its qualifying agent’s affiliation with the business organization, or is made after submission of an application for licensure under a new qualifying agent that is pending before the appropriate division of the board, or is made under a temporary nonrenewable license granted by the appropriate division of the board. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished this sworn written document. A building inspector or other authority shall issue such building permit under the terms of this Code section to any business organization upon evidence reasonably establishing that such business organization is acting as authorized under paragraph (1) of subsection (e) of Code Section 43-41-9 after the termination of its qualifying agent’s affiliation with the business organization. Any building inspector or other such authority that issues such a building permit to a person known by such building inspector or authority not to be acting as authorized under paragraph (1) of subsection (e) of Code Section 43-41-9 shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000.00.#

The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits for construction work requiring performance by either a licensed residential contractor or a licensed commercial general contractor in the same location in which such building or other permits are issued.#