COMMONWEALTH OF VIRGINIA
BOARD FOR CONTRACTORS
REGULATIONS
Last Updated September 1, 2023
STATUTES
Title 54.1, Chapter 11
9960 Mayland Drive, Suite 400
Richmond, VA 23233
(804) 367-8511
www.dpor.virginia.gov
i
VIRGINIA BOARD FOR CONTRACTORS
DIRECTORY
Information and forms are available over the internet at: www.dpor.virginia.gov
Please use these telephone numbers for the following actions:
To request an application form (804) 367-8511
To make an inquiry on a pending application (804) 367-8511
To make an inquiry regarding the Board or its regulations (804) 367-8511
To file a complaint against a contractor (804) 367-8504
To make an inquiry on the status of a filed complaint (804) 367-8504
To obtain information on the Virginia Contractor Transaction
Recovery Fund (804) 367-1559
Please write to the Board for Contractors at the below address to request the following:
1. An interpretation of the Board’s regulations.
2. A waiver from the Board’s regulations regarding a specific entry requirement
(See 18 VAC 50-22-40, 18 VAC 50-22-50, and 18 VAC 50-22-60 of these regulations); or
3. Reciprocity for a required examination (See 18 VAC 50-22-70 of these regulations).
Virginia Board for Contractors
Department of Professional and Occupational Regulation
The Perimeter Center, Suite 400
9960 Mayland Drive
Richmond, Virginia 23233
Please write to the Contractor’s Licensing Section at the below address to request the following:
1. A change of name in which your firm operates (See 18 VAC 50-22-230 A of these regulations);
2. A change of your firm’s address (See 18 VAC 50-22-230 B of these regulations); or
3. General information or an application form.
Board for Contractors’ Licensing Section
Department of Professional and Occupational Regulation
The Perimeter Center, Suite 400
9960 Mayland Drive
Richmond, Virginia 23233
ii
SUMMARY OF SIGNIFICANT CHANGES
The purpose of these regulations is to incorporate the temporary reduction of renewal and reinstatement fees
through August 31, 2025.
Included in this document are relevant excerpts from the Virginia Administrative Code. Please note that the
Board for Contractors is responsible for promulgating regulations in accordance with the Administrative
Process Act (§ 2.2-4000 et seq.), and the Virginia Code Commission is responsible for compiling and codifying
all of the administrative regulations of state agencies into the Virginia Administrative Code.
It is your responsibility to stay informed and follow all regulations and statutes governing your profession or
occupation. As a regulant of the Board, you should read and become familiar with all regulations applicable to
your profession or occupation. You can stay informed of regulatory actions that may result in changes to the
regulations at Virginia Regulatory Town Hall (http://www.townhall.virginia.gov/).
This document is a complete, edited (unofficial) copy of the Board for Contractors Regulations (18 VAC 50-22).
Please refer to the Virginia Administrative Code for an official copy of the regulations applicable to your
profession or occupation. You can access the Virginia Administrative Code online at
http://law.lis.virginia.gov/vacode/.
iii
STATEMENT OF PURPOSE
This booklet contains the information you will need to obtain your license as a contractor. The law that governs
your profession is found in the Code of Virginia, 1950, as amended, in Title 54.1, Chapter 11. That law permits the Board
for Contractors to issue regulations that tell you more about what is expected of you in your profession. This booklet
contains a copy of the law and regulations that you will need to know and obey to obtain and keep your contractor license.
BE SURE YOU READ AND UNDERSTAND THE STANDARDS OF PRACTICE AND CONDUCT. YOUR FAILURE TO
OBEY THESE STANDARDS COULD RESULT IN A MONETARY PENALTY OR THE LOSS OF YOUR contractor license.
It is the goal of the Board for Contractors and Department of Professional and Occupational Regulation to provide
you with the information you need to comply with the law and regulations. If you have a question and cannot find the
answer to it in this booklet, please write to:
Board for Contractors
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233
or call the Board at (804) 367-8511
or e-mail the Board at contractor@dpor.virginia.gov
iv
TABLE OF CONTENTS
DIRECTORY i
SUMMARY OF REGULATORY CHANGES ii
STATEMENT OF PURPOSE iii
REGULATIONS:
Definitions…………………………………………………………………..
1
Entry…………………………………………………………………………
14
Fees, Renewal and Reinstatement Requirements……………………
25
Reinstatement………………………………………………………………
28
Standards of Practice and Conduct…………………………………….
31
Pre-license Education…………………………………………………….
39
EXCERPTS FROM THE CODE OF VIRGINIA:
Chapter 11 of Title 54.1 (§§ 1100 through 1148)………………………………………….…… 42
STATEMENT OF PROTECTIONS*…………………………………………………………………….... 71
*This consumer information sheet or the information contained therein needs to be included in all residential contracts, when
such contracts are the result of a door-to-door solicitation. For more information on what is required to be in a residential
contract, see 18 VAC 50-22-260-B-9 of the board’s regulations.
1
PART I.
DEFINITIONS.
18 VAC 50-22-10. General definitions.
The following words and terms when used in this chapter, unless a different meaning is provided or is plainly
required by the context, shall have the following meanings:
“Address of record” means the mailing address designated by the licensee to receive notices and
correspondence from the board.
"Affidavit" means a written statement of facts, made voluntarily, and confirmed by the oath or affirmation of
the party making it, taken before a notary or other person having the authority to administer such oath or
affirmation.
"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited
liability partnership, or any other form of organization permitted by law.
“Change order” means any modification to the original contract including, but not limited to, the time to complete
the work, change in materials, change in cost, and change in the scope of work.
"Controlling financial interest" means the direct or indirect ownership or control of more than 50% ownership
of a firm.
"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.
“Formal vocational training” means courses in the trade administered at an accredited educational facility; or
formal training, approved by the department, conducted by trade associations, businesses, military,
correspondence schools or other similar training organizations.
"Full-time employee" means an employee who spends a minimum of 30 hours a week carrying out the work
of the licensed contracting business.
“Helper” or “Laborer” means a person who assists a licensed tradesman and who is not an apprentice as
defined in 18 VAC 50-30-10.
"Licensee" means a firm holding a license issued by the Board for Contractors to act as a contractor, as defined
in § 54.1-1100 of the Code of Virginia.
"Net worth" means assets minus liabilities. For purposes of this chapter, assets shall not include any property
owned as tenants by the entirety.
2
“Prime contractor” means a licensed contractor that performs, supervises, or manages the construction,
removal, repair, or improvement of real property pursuant to the terms of a primary contract with the property
owner/lessee. The prime contractor may use its own employees to perform the work or use the services of
other properly licensed contractors.
“Principal place of business” means the location where the licensee principally conducts business with the
public.
"Reciprocity" means an arrangement by which the licensees of two states are allowed to practice within each
other's boundaries by mutual agreement.
"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license for another period of time.
“Residential building energy analyst firm” means any business entity wherein a residential building energy
analysis, as defined in § 54.1-1144 of the Code of Virginia is offered or practiced.
"Responsible management" means the following individuals:
1. The sole proprietor of a sole proprietorship;
2. The partners of a general partnership;
3. The managing partners of a limited partnership;
4. The officers of a corporation;
5. The managers of a limited liability company;
6. The officers or directors of an association or both; and
7. Individuals in other business entities recognized under the laws of the
Commonwealth as having a fiduciary responsibility to the firm.
"Sole proprietor" means any individual, not a corporation, who is trading under his own name, or under an
assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.
“Supervision” means providing guidance or direction of a delegated task or procedure by a tradesman
licensed in accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, being
accessible to the helper or laborer, and periodically observing and evaluating the performance of the task or
procedure.
“Supervisor” means the licensed master or journeyman tradesman who has the responsibility to ensure that
the installation is in accordance with the applicable provisions of the Virginia Uniform Statewide Building Code
and provides supervision to helpers and laborers as defined in this chapter.
“Temporary license” means a license issued by the board pursuant to § 54.1-201.1 of the Code of Virginia
that authorizes that person to engage in the practice of contracting until such time as the license is issued or 45
days from the date of issuance of the temporary license, whichever occurs first.
3
"Tenants by the entirety" means a tenancy which is created between a husband and wife and by which together
they hold title to the whole with right of survivorship so that, upon death of either, the other takes whole to
exclusion of the deceased's remaining heirs.
“Virginia Uniform Statewide Building Code” or “USBC” means building regulations comprised of those
promulgated by the Virginia Board of Housing and Community Development in accordance with
§36-98 of the Code of Virginia, including any model codes and standards that are incorporated by reference and
that regulate construction, reconstruction, alteration, conversion, repair, maintenance or use of structures, and
building and installation of equipment therein.
Historical Notes:
Derived from VR220-01-2:1 §1.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006; Virginia Register
Volume 29, Issue 3, eff. December 1, 2012. Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue
3, eff. January 1, 2016.
18 VAC 50-22-20. Definitions of license classifications.
The following words and terms, when used in this chapter unless a different meaning is provided or is plainly
required by the context shall have the following meanings:
"Commercial building contractors" (Abbr: CBC) means those individuals whose contracts include
construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or
leased by another person of commercial, industrial, institutional, governmental, and accessory use buildings or
structures. The CBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and
does not allow construction, repair, or improvement, of dwellings and townhouses as defined in the USBC.
If the CBC contractor performs specialty services, other than those listed in this definition, all required specialty
designations shall be obtained. The CBC contractor may act as a prime contractor and contract with
subcontractors to perform work not permitted by the CBC license. The commercial building classification includes
but is not limited to the functions carried out by the following specialties for contracts of commercial, institutional,
governmental, and accessory use buildings or structures, including multi-family housing:
Billboard/sign contracting Marine facility contracting
Commercial improvement contracting Masonry contracting
Concrete contracting Painting and wallcovering contracting
Farm improvement contracting Recreational facility contracting
Industrialized building contracting Roofing contracting
Landscape service contracting Swimming pool contracting
4
"Electrical contractors" (Abbr: ELE) means those individuals whose contracts include the construction,
repair, maintenance, alteration, or removal of electrical systems. This classification provides for all work
covered by the electrical provisions of the USBC including electronic/communication service contracting (ESC)
and fire alarm systems contracting (FAS) specialties. A firm holding an ELE license is responsible for meeting
all applicable individual license and certification regulations.
"Highway/heavy contractors" (Abbr: H/H) means those individuals whose contracts include construction,
repair, improvement, or demolition of the following:
Bridges Rail roads
Dams Roads
Drainage systems Runways
Foundations Streets
Parking lots Structural signs and lights
Public transit systems Tanks
The functions carried out by these contractors include but are not limited to the following:
Building demolition Nonwater well drilling
Clearing Paving
Concrete work Pile driving
Excavating Road marking
Grading Steel Erection
These contractors also install, maintain, or dismantle the following:
1. Power systems for the generation and primary and secondary distribution of electric current ahead
of the customer's meter;
2. Pumping stations and treatment plants;
3. Telephone, telegraph or signal systems for public utilities; and
4. Water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local
ordinances.
This classification may also install backflow prevention devices incidental to work in this classification when the
installer has received formal vocational training approved by the board that included instruction in the installation
of backflow prevention devices.
"HVAC contractors" (Abbr: HVA) means those individuals whose work includes the installation, alteration,
repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heaters,
heating systems, boilers, process piping, and mechanical refrigeration systems, including tanks incidental to the
system. This classification does not provide for fire suppression installations, sprinkler system installations, or
gas piping. A firm holding a HVAC license is responsible for meeting all applicable individual license and
certification regulations. This classification may install backflow prevention devices incidental to work in this
classification.
5
"Plumbing contractors" (Abbr: PLB) means those individuals whose contracts include the installation,
maintenance, extension, or alteration, or removal of all piping, fixtures, appliances, and appurtenances in
connection with any of the following:
Backflow prevention devices
Public/private water supply systems within or
adjacent to any building, structure or conveyance
Boilers
Sanitary or storm drainage facilities
Hot water baseboard heating systems
Steam heating systems
Hot water heaters
Storage tanks incidental to the installation of related
systems
Hydronic systems
Venting systems related to plumbing
Process piping
These contractors also install, maintain, extend or alter the following:
Liquid waste systems Storm water systems
Sewerage systems Water supply systems
This classification does not provide for (i) gas piping or (ii) the function of fire sprinkler contracting except for
sprinklers that are tied into the domestic water supply. A firm holding a PLB license is responsible for meeting
all applicable individual license and certification regulations. The classification may install sprinkler systems
permitted to be designed in accordance with the plumbing provisions of the USBC when the installer has received
formal vocational training approved by the board that included instruction of installation of sprinkler systems.
"Residential building contractors" (Abbr: RBC) means those individuals whose contracts include
construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or
leased by another person of dwellings and townhouses, as defined in the USBC, including accessory buildings
or structures on such property. The RBC classification does not provide for electrical, plumbing, HVAC, or gas
fitting services and does not allow construction, repair, or improvement, to commercial, industrial, institutional,
or governmental use structures outside of dwellings and townhouses as defined in the USBC.
The residential building classification includes but is not limited to the functions carried out by the following
specialties for contracts of dwellings and townhouses, as defined by the USBC, and related accessory use
buildings or structures:
Concrete contracting Masonry contracting
Home improvement contracting Painting and wallcovering contracting
Industrialized building contracting Roofing contracting
Landscape service contracting Swimming pool contracting
"Specialty contractors" means those individuals whose contracts are for specialty services that do not
generally fall within the scope of any other classification within this chapter.
6
Historical Notes:
Derived from VR220-01-2:1 §1.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006; Volume 29, Issue 3,
eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016.
18 VAC 50-22-30. Definitions of specialty services.
The following words and terms, when used in this chapter unless a different meaning is provided or is plainly
required by the context shall have the following meanings:
“Accessibility services contracting” (ASC) means the service that provides for all work in connection with the
constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts,
dumbwaiters with a capacity limit of 300 pounds, and private residence elevators in accordance with the Virginia
Uniform Statewide Building Code (13 VAC 5-63). The EEC specialty may also perform this work. This specialty
does not include work on limited use-limited application (LULA) elevators.
“Accessibility services contracting – LULA” (Abbr: ASL) means the service that provides for all work in
connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair
lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, private residence elevators, and limited
use-limited application (LULA) elevators in accordance with the Virginia Uniform Statewide Building Code (13
VAC 5-63). The EEC specialty may also perform this work.
"Alternative energy system contracting" (Abbr: AES) means that service that provides for the installation,
repair or improvement, from the customer's meter, of alternative energy generation systems, supplemental
energy systems and associated equipment annexed to real property. This service does not include the
installation of emergency generators powered by fossil fuels. No other classification or specialty service provides
this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.
"Alternative sewage disposal system contracting" (Abbr: ADS) means the service that provides for the
installation, repair, improvement, or removal of a treatment works that is not a conventional onsite sewage
system and does not result in a point source discharge. No other classification or specialty service provides
this function.
"Asbestos contracting" (Abbr: ASB) means the service that provides for the installation, removal, or
encapsulation of asbestos containing materials annexed to real property. No other classification or specialty
service provides for this function.
"Asphalt paving and sealcoating contracting" (Abbr: PAV) means that service that provides for the installation
of asphalt paving or sealcoating, or both, on subdivision streets and adjacent intersections, driveways, parking
lots, tennis courts, running tracks, and play areas, using materials and accessories common to the industry. This
includes height adjustment of existing sewer manholes, storm drains, water valves, sewer cleanouts and drain
grates, and all necessary excavation and grading. The H/H classification also provides for this function.
7
"Billboard/sign contracting" (Abbr: BSC) means the service that provides for the installation, repair,
improvement, or dismantling of any billboard or structural sign permanently annexed to real property. H/H and
CBC are the classifications that can perform this work except that a contractor in this specialty may connect or
disconnect signs to existing electrical circuits. No trade related plumbing, electrical, or HVAC work is included in
this function.
"Blast/explosive contracting" (Abbr: BEC) means the service that provides for the use of explosive charges
for the repair, improvement, alteration, or demolition of any real property or any structure annexed to real
property.
"Commercial improvement contracting" (Abbr: CIC) means the service that provides for repair or
improvement to structures not defined as dwellings and townhouses in the USBC. The CBC classification also
provides for this function. The CIC classification does not provide for the construction of new buildings,
accessory buildings, electrical, plumbing, HVAC or gas work.
"Concrete contracting" (Abbr: CEM) means the service that provides for all work in connection with the
processing, proportioning, batching, mixing, conveying and placing of concrete composed of materials common
to the concrete industry. This includes finishing, coloring, curing, repairing, testing, sawing, grinding, grouting,
placing of film barriers, sealing and waterproofing. Construction and assembling of forms, molds, slipforms, pans,
centering, and the use of rebar is also included. The CBC, RBC, and H/H classifications also provide for this
function.
"Conventional sewage disposal systems contracting" (Abbr: CDS) means the service that provides for the
installation, repair, improvement, or removal of a treatment works consisting of one or more septic tanks with
gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield. The ADS specialty
may also perform this work.
“Drug lab remediation contracting” (Abbr: DLR) means the service that provides for the cleanup, treatment,
containment, or removal of hazardous substances at or in a property formerly used to manufacture
methamphetamine or other drugs and may include demolition or disposal of structures or other property. No
other classification or specialty provides for this function.
“Drywall contracting” (Abbr: DRY) means the service that provides for the installation, taping, and finishing of
drywall, panels and assemblies of gypsum wallboard, sheathing, and cementitious board and the installation of
studs made of sheet metal for the framing of ceilings and nonstructural partitioning. The RBC and CBC
classifications and the HIC and CIC specialties also provide for this function.
"Electronic/communication service contracting" (Abbr: ESC) means the service that provides for the
installation, repair, improvement, or removal of electronic or communications systems annexed to real property
including telephone wiring, computer cabling, sound systems, data links, data and network installation, television
and cable TV wiring, antenna wiring, and fiber optics installation, all of which operate at 50 volts or less. A firm
holding an ESC license is responsible for meeting all applicable tradesman licensure standards. The ELE
classification also provides for this function.
"Elevator/escalator contracting" (Abbr: EEC) means the service that provides for the installation, repair,
8
improvement or removal of elevators or escalators permanently annexed to real property. A firm holding an EEC
license is responsible for meeting all applicable individual license and certification regulations. No other
classification or specialty service provides for this function.
"Environmental monitoring well contracting" (Abbr: EMW) means the service that provides for the
construction of a well to monitor hazardous substances in the ground.
"Environmental specialties contracting" (Abbr: ENV) means the service that provides for installation, repair,
removal, or improvement of pollution control and remediation devices. No other specialty provides for this
function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.
"Equipment/machinery contracting" (Abbr: EMC) means the service that provides for the installation or
removal of equipment or machinery including conveyors or heavy machinery. Boilers exempted by the Virginia
Uniform Statewide Building Code (13VAC5-63) but regulated by the Department of Labor and Industry are also
included in this specialty. This specialty does not provide for any electrical, plumbing, process piping or HVAC
functions.
"Farm improvement contracting" (Abbr: FIC) means the service that provides for the installation, repair or
improvement of a nonresidential farm building or structure, or nonresidential farm accessory-use structure, or
additions thereto. The CBC classification also provides for this function. The FIC specialty does not provide for
any electrical, plumbing, HVAC, or gas fitting functions.
“Finish carpentry contracting” (Abbr: FIN) means the service that provides for the installation, repair, and
finishing of cabinets, sash casing, door casing, wooden flooring baseboards, countertops, and other millwork.
Finish carpentry does not include the installation of ceramic tile, marble, and artificial or cultured stone. The
RBC and CBC classifications and the HIC and CIC specialties also provide for this function.
"Fire alarm systems contracting" (Abbr: FAS) means the service that provides for the installation, repair, or
improvement of fire alarm systems that operate at 50 volts or less. The ELE classification also provides for this
function. A firm with an FAS license is responsible for meeting all applicable tradesman licensure standards.
"Fire sprinkler contracting" (Abbr: SPR) means the service that provides for the installation, repair, alteration,
addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means
of fire suppression when annexed to real property. This specialty does not provide for the installation, repair, or
maintenance of other types of fire suppression systems. The PLB classification allows for the installation of
systems permitted to be designed in accordance with the plumbing provisions of the USBC. This specialty may
engage in the installation of backflow prevention devices in the fire sprinkler supply main and incidental to the
sprinkler system installation when the installer has received formal vocational training approved by the board that
included instruction in the installation of backflow prevention devices.
"Fire suppression contracting" (Abbr: FSP) means the service that provides for the installation, repair,
improvement, or removal of fire suppression systems including halon and other gas systems, dry chemical
systems, and carbon dioxide systems annexed to real property. No other classification provides for this
function. The FSP specialty does not provide for the installation, repair, or maintenance of water sprinkler
systems.
9
“Flooring and floor covering contracting” (Abbr: FLR) means the service that provides for the installation,
repair, improvement, or removal of materials that are common in the flooring industry. This includes wood and
wood composite flooring, tack strips or other products used to secure carpet, vinyl and linoleum, ceramic,
marble, stone, and all other types of tile, and includes the installation or replacement of subflooring, leveling
products, or other materials necessary to facilitate the installation of the flooring or floor covering. This does not
include the installation, repair, or removal of floor joists or other structural components of the flooring system.
The RBC and CBC classifications and the HIC and CIC specialties also provide for this function.
“Framing subcontractor” (Abbr: FRM) means the service which, while serving in the role of a subcontractor
to a licensed prime contractor, provides for the construction, removal, repair, or improvement to any framing or
rough carpentry necessary for the construction of framed structures, including the installation and repair of
individual components of framing systems. The RBC and CBC classifications also provide for this function.
"Gas fitting contracting" (Abbr: GFC) means the service that provides for the installation, repair,
improvement, or removal of gas piping and appliances annexed to real property. A firm holding a GFC license
is responsible for meeting all applicable individual (tradesman) licensure regulations.
“Glass and glazing contracting” (Abbr: GLZ) means the service that provides for the installation, assembly,
repair, improvement, or removal of all makes and kinds of glass, glass work, mirrored glass, and glass
substitute for glazing; executes the fabrication and glazing of frames, panels, sashes and doors, or installs
these items in any structure. The specialty includes the installation of standard methods of weatherproofing,
caulking, glazing, sealants, and adhesives. The RBC and CBC classifications and the HIC and CIC specialties
also provide for this function.
"Home improvement contracting" (Abbr: HIC) means the service that provides for repairs or improvements
to dwellings and townhouses as defined in the USBC or structures annexed to those dwellings or townhouses
as defined in the USBC. The RBC classification also provides for this function. The HIC specialty does not
provide for electrical, plumbing, HVAC, or gas fitting functions. It does not include new construction functions
beyond the existing building structure other than decks, patios, driveways, and utility out buildings that do not
require a permit per the USBC.
“Industrialized building contracting” (Abbr: IBC) means the service that provides for the installation or
removal of an industrialized building as defined in the Virginia Industrialized Building Safety Regulations (13
VAC 5-91). This classification covers foundation work in accordance with the provisions of the Virginia Uniform
Statewide Building Code (13 VAC 5-63) and allows the licensee to complete internal tie-ins of plumbing, gas,
electrical, and HVAC systems. It does not allow for installing additional plumbing, gas, electrical, or HVAC work
such as installing the service meter, or installing the outside compressor for the HVAC system. The CBC and
RBC classifications also provide for this function.
“Insulation and weather stripping contracting” (Abbr: INS) means the service that provides for the
installation, repair, improvement, or removal of materials classified as insulating media used for the sole
purpose of temperature control or sound control of residential and commercial buildings. It does not include the
insulation of mechanical equipment and ancillary lines and piping. The RBC and CBC classifications and the
HIC and CIC specialties also provide for this function.
10
"Landscape irrigation contracting" (Abbr: ISC) means the service that provides for the installation, repair,
improvement, or removal of irrigation sprinkler systems or outdoor sprinkler systems. The PLB and H/H
classifications also provide for this function. This specialty may install backflow prevention devices incidental to
work in this specialty when the installer has received formal vocational training approved by the board that
included instruction in the installation of backflow prevention devices.
"Landscape service contracting" (Abbr: LSC) means the service that provides for the alteration or
improvement of a land area not related to any other classification or service activity by means of excavation,
clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping
timbers. This specialty may remove stumps and roots below grade. The CBC, RBC, and H/H classifications
also provide for this function.
"Lead abatement contracting" (Abbr: LAC) means the service that provides for the removal or encapsulation
of lead-containing materials annexed to real property. No other classification or specialty service provides for
this function, except that the PLB and HVA classifications may provide this service incidental to work in those
classifications.
"Liquefied petroleum gas contracting" (Abbr: LPG) means the service that includes the installation,
maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances used in
transporting, storing or utilizing liquefied petroleum gas. This excludes hot water heaters, boilers, and central
heating systems that require an HVA or PLB license. The GFC specialty also provides for this function. A firm
holding an LPG license is responsible for meeting all applicable individual license and certification regulations.
“Manufactured home contracting” (Abbr: MHC) means the service that provides for the installation or removal
of a manufactured home as defined in the Virginia Manufactured Home Safety Regulations (13 VAC 5-95). This
classification does not cover foundation work; however, it does allow installation of piers covered under HUD
regulations. It does allow a licensee to do internal tie-ins of plumbing, gas, electrical, or HVAC equipment. It
does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service
meter, or installing the outside compressor for the HVAC system. No other specialty provides for this function.
"Marine facility contracting" (Abbr: MCC) means the service that provides for the construction, repair,
improvement, or removal of any structure the purpose of which is to provide access to, impede, or alter a body
of surface water. The CBC and H/H classifications also provide for this function. The MCC specialty does not
provide for the construction of accessory structures or electrical, HVAC or plumbing functions.
"Masonry contracting" (Abbr: BRK) means the service that includes the installation of brick, concrete block,
stone, marble, slate or other units and products common to the masonry industry, including mortarless type
masonry products. This includes installation of grout, caulking, tuck pointing, sand blasting, mortar washing,
parging, and cleaning and welding of reinforcement steel related to masonry construction. The CBC and RBC
classifications and the HIC and CIC specialties also provide for this function.
"Miscellaneous contracting" (Abbr: MSC) means the service that may fall under another classification or
specialty service but is more limited than the functions provided by the other classification or specialty. This
specialty is limited to a single activity and will be restricted to that specialty only. This specialty may not be used
for work that would fall under the ELE, HVA, PLB, GFC, LPG, NGF, EEC, WWP, ASC, LAC, or ASB classification
11
or specialty. Contractors applying for the MSC specialty will have their applications reviewed by the Board for
Contractors.
"Natural gas fitting provider contracting" (Abbr: NGF) means the service that provides for the incidental
repair, testing, or removal of natural gas piping or fitting annexed to real property. This does not include new
installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment
that requires an HVA or PLB license. The GFC specialty also provides for this function. A firm holding an NGF
license is responsible for meeting all applicable individual license and certification regulations.
"Painting and wallcovering contracting" (Abbr: PTC) means the service that provides for the application of
materials common to the painting and decorating industry for protective or decorative purposes, the installation
of surface coverings such as vinyls, wall papers, and cloth fabrics. This includes surface preparation, caulking,
sanding and cleaning preparatory to painting or coverings and includes both interior and exterior surfaces. The
CBC and RBC classifications and the HIC and CIC specialties also provide for this function.
"Radon mitigation contracting" (Abbr: RMC) means the service that provides for additions, repairs or
improvements to buildings or structures, for the purpose of mitigating or preventing the effects of radon gas.
No electrical, plumbing, gas-fitting, or HVAC functions are provided by this specialty.
"Recreational facility contracting" (Abbr: RFC) means the service that provides for the construction, repair,
or improvement of any recreational facility, excluding paving and the construction of buildings, plumbing,
electrical, and HVAC functions. The CBC classification also provides for this function.
"Refrigeration contracting" (Abbr: REF) means the service that provides for installation, repair, or removal of
any refrigeration equipment (excluding HVAC equipment). No electrical, plumbing, gas fitting, or HVAC functions
are provided by this specialty. This specialty is intended for those contractors who repair or install coolers,
refrigerated casework, ice-making machines, drinking fountains, cold room equipment, and similar hermetic
refrigeration equipment. The HVAC classification also provides for this function.
"Roofing contracting" (Abbr: ROC) means the service that provides for the installation, repair, removal or
improvement of materials common to the industry that form a watertight, weather resistant surface for roofs and
decks. This includes roofing system components when installed in conjunction with a roofing project, application
of dampproofing or waterproofing, and installation of roof insulation panels and other roof insulation systems
above roof deck. The CBC and RBC classifications and the HIC and CIC specialties also provide for this function.
“Steel erection contracting” (Abbr: STL) means the service that provides for the fabrication and erection of
structural steel shapes and plates, regardless of shape or size, to be used as structural members, or tanks,
including any related riveting, welding, and rigging. This specialty includes the fabrication, placement and tying
of steel reinforcing bars, rods, and post-tensioning to reinforce concrete buildings and structures. The RBC,
CBC, and H/H classifications also provide for this function.
"Swimming pool construction contracting" (Abbr: POL) means the service that provides for the construction,
repair, improvement or removal of in-ground swimming pools. The CBC and RBC classifications and the RFC
specialty also provide for this function. No trade related plumbing, electrical, backflow or HVAC work is included
in this specialty
12
“Tile, marble, ceramic, and terrazzo contracting” (Abbr: TMC) means the service that provides for the
preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, terrazzo,
encaustic, faience, quarry, semi-vitreous, cementitious board, and other tile, excluding hollow or structural
partition tile. The RBC and CBC classifications and the HIC and CIC specialties also provide for this function.
“Underground utility and excavating contracting” (Abbr: UUC) means the service that provides for the
construction, repair, improvement, or removal of main sanitary sewer collection systems, main water distribution
systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of
termination up to and including the meter location for the individual occupancy, sewer collection systems at
property line, or residential or single-occupancy commercial properties, or on multi-occupancy properties at
manhole or wye lateral extend to an invert elevation as engineered to accommodate future building sewers, water
distribution systems, or storm sewer collection systems at storm sewer structures. This specialty may install
empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and
sleeves for parking lot crossings if each conduit system does not include installation of any conductor wiring or
connection to an energized electrical system. The H/H classification also provides for this function.
"Vessel construction contracting" (Abbr: VCC) means the service that provides for the construction, repair,
improvement, or removal of nonresidential vessels, tanks, or piping that hold or convey fluids other than
sanitary, storm, waste, or potable water supplies. The H/H classification also provides for this function.
"Water well/pump contracting" (Abbr: WWP) means the service that provides for the installation of a water
well system, including geothermal wells, which includes construction of a water well to reach groundwater, as
defined in § 62.1-255 of the Code of Virginia, and the installation of the well pump and tank, including pipe and
wire, up to and including the point of connection to the plumbing and electrical systems. No other classification
or specialty service provides for construction of water wells. This regulation shall not exclude PLB, ELE or HVAC
from installation of pumps and tanks.
Note: Specialty contractors engaging in construction which involves the following activities or items or similar
activities or items may fall under the CIC, HIC and FIC specialty services, or they may fall under the
CBC or RBC classifications.
Appliances Fiberglass Rubber Linings
Awnings Fireplaces Sandblasting
Blinds Fireproofing Scaffolding
Bulkheads Fixtures Screens
Carpeting Grouting Shutters
Ceilings Guttering Siding
Chimneys Interior Decorating Skylights
Chutes Lubrication Storage Bins and Lockers
Curtains Metal Work Stucco
Curtain Walls Millwrighting Vaults
Decks Mirrors Wall Panels
Doors Miscellaneous Iron Waterproofing
Epoxy Ornamental Iron Waterproofing
13
Exterior Decoration Partitions Windows
Facings Protective Coatings
Fences Railings
Historical Notes:
Derived from VR220-01-2:1 §1.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Virginia Register Volume 22, Issue 8, eff. February 1, 2006; Volume 30, Issue 6,
eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 32, Issue 11, eff. March 1, 2016;
Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 11, eff February 16, 2022.
14
PART II.
ENTRY
18 VAC 50-22-40. Requirements for a Class C license.
A. A firm applying for a Class C license must meet the requirements of this section.
B. For every classification or specialty in which the firm seeks to be licensed, the firm shall name
a qualified individual who meets the following requirements:
1. Is at least 18 years old;
2. Has a minimum of two years of experience in the classification or specialty for which
he is the qualifier;
3. Is a full-time employee of the firm as defined in this chapter or is a member of the
responsible management of the firm; and
4. a. Has obtained the appropriate certification for the following specialties:
(1) Blast/Explosive contracting (Department of Fire Programs explosive use
certification).
(2) Fire sprinkler (NICET Sprinkler III certification), and
(3) Radon mitigation (EPA or DEQ accepted radon certification).
b. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, a master license for Plumbing, HVAC, Electrical,
Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas
Contracting.
c. Has completed, for the drug lab remediation specialty, a remediation course
approved by the board and a board-approved examination.
d. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, certification as an Elevator Mechanic for Elevator Escalator
Contracting and certification as a Water Well Systems Provider for Water
Well/Pump Contracting.
e. Has obtained, pursuant to the Onsite Sewage System Professionals
Licensing Regulations (18VAC160-40), a master conventional onsite sewage
system install license for Conventional Sewage Disposal System Contracting
15
and a master alternative onsite sewage system install license for Alternative
Sewage Disposal System Contracting.
f. Has been approved by the Board for Contractors for the miscellaneous
specialty (MSC).
g. Has completed a board-approved examination for all other classifications
and specialties that do not require other certification or licensure.
C. The firm shall provide information for the past five years prior to application on any
outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or
pending or past bankruptcies. The firm and all members of the responsible management of
the firm shall submit information on any past-due debts and judgments or defaults on bonds
directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of
Title 54.1 of the Code of Virginia.
D. The firm and all members of the responsible management of the firm shall disclose at the time
of application any current or previous contractor licenses held in Virginia or in other
jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary
penalties, fines, suspensions, revocations, surrender of a license in connection with a
disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction.
E. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall disclose the
following information about the firm, all members of the responsible management, and the
qualified individual for the firm:
1. All non-marijuana misdemeanor convictions within three years of the date of
application; and
2. All felony convictions during their lifetimes.
Any plea of nolo contendere shall be considered a conviction for purposes of this
subsection. The record of a conviction received from a court shall be accepted as prima
facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny
licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
F. A member of responsible management shall have successfully completed a board-
approved basic business course.
Historical Notes:
Derived from VR220-01-2:1 §2.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue
21, eff. September 1, 2001, Virginia Register Volume 25, Issue 3, eff. December 1, 2008, Virginia
Register Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016;
Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue
5, eff. December 1, 2021; Volume 38, Issue 11, eff February 16, 2022.
16
18 VAC 50-22-50. Requirements for a Class B license.
A. A firm applying for a Class B license must meet the requirements of this section.
B. A firm shall name a designated employee who meets the following requirements:
1. Is at least 18 years old;
2. Is a full time employee of the firm as defined in this chapter, or is a member of
responsible management as defined in this chapter;
3. Has passed a board-approved examination as required by § 54.1-1108 of the Code
of Virginia or has been exempted from the exam requirement in accordance with §
54.1-1108.1 of the Code of Virginia; and
4. Has followed all rules established by the board or by the testing service
acting on behalf of the board with regard to conduct at the examination.
Such rules shall include any written instructions communicated prior to
the examination date and any oral or written instructions given at the
site on the date of the exam.
C. For every classification or specialty in which the firm seeks to be licensed, the firm shall name a
qualified individual who meets the following requirements:
1. Is at least 18 years old;
2. Has a minimum of three years of experience in the classification or specialty for
which he is the qualifier;
3. Is a full-time employee of the firm as defined in this chapter or is a member of the
responsible management of the firm;
4. a. Has obtained the appropriate certification for the following specialties:
(1) Blast/Explosive contracting (Department of Fire Programs explosive use
certification),
(2) Fire sprinkler (NICET Sprinkler III certification), and
(3) Radon mitigation (EPA or DEQ accepted radon certification).
b. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, a master license for Plumbing, HVAC, Electrical,
Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas
Contracting.
17
c. Has completed, for the drug lab remediation specialty, a remediation
course approved by the board and a board–approved examination.
d. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, certification as an Elevator Mechanic for Elevator Escalator
Contracting and certification as a Water Well Systems Provider for Water
Well/Pump Contracting.
e. Has obtained, pursuant to the Onsite Sewage System Professionals
Licensing Regulations (18VAC160-40), a master conventional onsite sewage
system install license for Conventional Sewage Disposal System Contracting
and a master alternative onsite sewage system install license for Alternative
Sewage Disposal System Contracting.
f. Has been approved by the Board for Contractors for the miscellaneous
specialty (MSC).
g. Has completed a board-approved examination for all other classifications
and specialties that do not require other certification or licensure.
D. Each firm shall submit information on its financial position. Excluding any property owned as
tenants by the entirety, the firm shall state a net worth or equity of $15,000 or more.
E. Each firm shall provide information for the five years prior to application on any outstanding,
past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or
past bankruptcies. The firm, its designated employee, and all members of the responsible
management of the firm shall submit information on any past-due debts and judgments or
defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§
54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.
F. The firm, the designated employee, and all members of the responsible management of the
firm shall disclose at the time of application any current or previous substantial identities of
interest with any contractor licenses issued in Virginia or in other jurisdictions and any
disciplinary actions taken on these licenses. This includes any monetary penalties, fines,
suspension, revocation, or surrender of a license in connection with a disciplinary action. The
board, in its discretion, may deny licensure to any applicant when any of the parties listed in
this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the
Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily
terminated or surrendered in connection with a disciplinary action in Virginia or any other
jurisdiction.
G. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the
following information about the firm, designated employee, all members of the responsible
management, and the qualified individual for the firm:
18
1. All non-marijuana misdemeanor convictions within three years of the date of
application; and
2. All felony convictions during their lifetimes.
Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
The record of a conviction received from a court shall be accepted as prima facie evidence of
a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant
in accordance with § 54.1-204 of the Code of Virginia.
H. The designated employee or a member of responsible management shall have successfully
completed a board-approved basic business course.
Historical Notes:
Derived from VR220-01-2:1 §2.2, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001, Virginia Register Volume 25, Issue 3, eff. December 1, 2008, Virginia
Register Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016; Volume
34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 5, eff. December
1, 2021; Volume 38, Issue 11, eff February 16, 2022.
18 VAC 50-22-60. Requirements for a Class A license.
A. A firm applying for a Class A license shall meet all of the requirements of this section.
B. A firm shall name a designated employee who meets the following requirements:
1. Is at least 18 years old;
2. Is a full-time employee of the firm as defined in this chapter or is a member of the
responsible management of the firm as defined in this chapter;
3. Has passed a board-approved examination as required by § 54.1-1106 of the Code
of Virginia or has been exempted from the exam requirement in accordance with §
54.1-1108.1 of the Code of Virginia; and
4. Has followed all rules established by the board or by the testing service acting on
behalf of the board with regard to conduct at the examination. Such rules shall
include any written instructions communicated prior to the examination date and any
oral or written instructions given at the site on the day of the exam.
C. For every classification or specialty in which the firm seeks to be licensed, the firm shall
name a qualified individual who meets the following requirements:
19
1. Is at least 18 years old;
2. Has a minimum of five years of experience in the classification or specialty for which
he is the qualifier;
3. Is a full-time employee of the firm as defined in this chapter or is a member of the firm
as defined in this chapter or is a member of the responsible management of the firm;
4. a. Has obtained the appropriate certification for the following specialties:
(1) Blast/Explosive contracting (DHCD explosive use certification),
(2) Fire sprinkler (NICET Sprinkler III certification), and
(3) Radon mitigation (EPA or DEQ accepted radon certification).
b. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, a master license for Plumbing, HVAC, Electrical,
Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas
Contracting.
c. Has completed, for the drug lab remediation specialty, a remediation course
approved by the board and a board–approved examination.
d. Has obtained, pursuant to the Individual Licensing and Certification
Regulations, certification as an Elevator Mechanic for Elevator Escalator
Contracting and certification as a Water Well Systems Provider for Water
Well/Pump Contracting.
e. Has obtained, pursuant to the Onsite Sewage System Professionals
Licensing Regulations (18VAC160-40), a master conventional onsite sewage
system install license for Conventional Sewage Disposal System Contracting
and a master alternative onsite sewage system install license for Alternative
Sewage Disposal System Contracting.
f. Has been approved by the Board for Contractors for the miscellaneous
specialty (MSC).
g. Has completed a board-approved examination for all other classifications
and specialties that do not require other certification or licensure.
D. Each firm shall submit information on its financial position. Excluding any property owned
as tenants by the entirety, the firm shall state a net worth or equity of $45,000.
20
E. The firm shall provide information for the five years prior to application on any outstanding,
past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending
or past bankruptcies. The firm, its designated employee, and all members of the
responsible management of the firm shall submit information on any past-due debts and
judgments or defaults on bonds directly related to the practice of contracting as defined in
Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.
F. The firm, the designated employee, and all members of the responsible management of the
firm shall disclose at the time of application any current or previous substantial identities of
interest with any contractor licenses issued in Virginia or in other jurisdictions and any
disciplinary actions taken on these licenses. This includes any monetary penalties, fines,
suspensions, revocations, or surrender of a license in connection with a disciplinary action.
The board, in its discretion, may deny licensure to any applicant when any of the parties listed
in this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the
Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily
terminated, or surrendered in connection with a disciplinary action in Virginia or in any other
jurisdiction.
G. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the
following information about the firm, all members of the responsible management, the
designated employee and the qualified individual for the firm:
1. All non-marijuana misdemeanor convictions within three years of the date of
application; and
2. All felony convictions during their lifetimes.
Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
The record of a conviction received from a court shall be accepted as prima facie evidence of
a conviction or finding of guilt. The board, in its discretion, may deny licensure to any
applicant in accordance with § 54.1-204 of the Code of Virginia.
H. The designated employee or a member of responsible management shall have successfully
completed a board-approved basic business course.
Historical Notes:
Derived from VR220-01-2:1 §2.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Volume 25, Issue 3, eff. December 1, 2008; Volume 29, Issue 3, eff. December 1,
2012; Volume 32, Issue 3, eff. January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 35,
Issue 21, eff. August 1, 2019; Volume 38, Issue 5, eff. December 1, 2021; Volume 38, Issue 11, eff
February 16, 2022.
21
18 VAC 50-22-62. Requirements for a residential building energy analyst firm.
A. An applicant for a residential building energy analyst firm license must meet the requirements
of this section.
B. The firm shall name a qualified individual who meets all of the following requirements:
1. Is at least 18 years old;
2. Holds a current residential building energy analyst license issued by the board; and
3. Is a full-time employee of the firm as defined in this chapter or is a member of the
responsible management of the firm.
C. The applicant shall provide documentation, acceptable to the board, that the firm currently
carries a minimum of $500,000 of general liability insurance from a company authorized to
provide such insurance in the Commonwealth of Virginia.
D. The firm, the qualified individual, and all members of the responsible management of the firm
shall disclose, at the time of application (i) any current or previous energy analyst or home
inspection licenses held in Virginia or in any other jurisdictions and (ii) any disciplinary actions
taken on these licenses. This includes any monetary penalties, fines, suspensions,
revocations, surrender of a license in connection with a disciplinary action, or voluntary
termination of a license in Virginia or in any other jurisdiction.
E. The firm shall provide information for the past five years prior to application on any
outstanding, past-due debts, judgments, outstanding tax obligations, defaults on bonds, or
pending or past bankruptcies. The firm, its qualified individual, and all members of the
responsible management of the firm shall submit information on any past-due debts and
judgments or defaults on bonds directly related to the practice of residential building energy
analysis, as defined in § 54.1-1144 of the Code of Virginia.
F. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the
following information about the firm, all members of responsible management, and the
qualified individual for the firm:
1. All non marijuana misdemeanor convictions within three years of the date of
application; and
2. All felony convictions during their lifetime.
Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The
record of a conviction received from a court shall be accepted as prima facie evidence of a conviction
or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with
§ 54.1-204 of the Code of Virginia.
22
Historical Notes:
Derived from Virginia Register Volume 32, Issue 3, eff. January 1, 2016; Volume 38, Issue 5, eff.
December 1, 2021.
18 VAC 50-22-65. Temporary licenses.
A. A firm applying for a temporary license must meet all of the requirements of § 54.1-201.1 of
the Code of Virginia, including the simultaneous submission of a completed application for
licensure, and the provisions of this section.
B. A firm must hold a comparable license or certificate in another state and provide verification
of current licensure or certification from the other state in a format acceptable to the board.
The license or certificate, as applicable, must be in good standing and have comparable
qualifications to the Virginia license applied for by the firm.
C. The following provisions apply to a temporary license issued by the board:
1. A temporary license shall not be renewed.
2. A firm shall not be issued more than one temporary license.
3. The issuance of the license shall void the temporary license.
4. If the board denies the approval of the application for a license, the temporary license
shall be automatically suspended.
D. Any firm continuing to practice as a contractor after a temporary license has expired and who
has not obtained a comparable license or certificate may be prosecuted and fined by the
Commonwealth under § 54.1-111 A 1 of the Code of Virginia.
Historical Notes:
Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.
18 VAC 50-22-66. Board’s disciplinary authority over temporary license holders.
A. A temporary licensee shall be subject to all laws and regulations of the board and shall
remain under and be subject to the disciplinary authority of the board during the period of
temporary licensure.
B. The license shall be subject to disciplinary action for any violations of Virginia statutes or
regulations during the period of temporary licensure
23
.
Historical Notes:
Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.
18 VAC 50-22-70. Qualifications for licensure by reciprocity or substantial equivalency.
Firms originally licensed in a state with which the board has a reciprocal agreement or whose eligibility criteria
are substantially equivalent may obtain a Virginia contractor's license in accordance with the terms of that
agreement.
Historical Notes:
Derived from VR220-01-2:1 §2.4, eff. March 31, 1995, Virginia Register Volume 29, Issue 3, eff.
December 1, 2012
18 VAC 50-22-80. Examinations.
All examinations required for licensure shall be approved by the board and provided by the board or a testing
service acting on behalf of the board, or another governmental agency or organization. The examination fee
shall consist of the administration expenses of the Department of Professional and Occupational Regulation
ensuing from the board's examination procedures and contract charges. Exam service contracts shall be
established through competitive negotiation in compliance with the Virginia Public Procurement Act (§ 11-35 et
seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 per element to the
candidate.
Historical Notes:
Derived from VR220-01-2:1 §2.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff.
September 1, 2001.
18 VAC 50-22-90. Past due recovery fund assessments.
No license shall be issued to an applicant whose previous license or registration was suspended for nonpayment
of a Virginia Contractor Transaction Recovery Fund assessment until all past-due assessments have been paid.
Historical Notes:
Derived from VR220-01-2:1 §2.6, eff. March 31, 1995.
24
18 VAC 50-22-100. Fees.
Each check or money order shall be made payable to the Treasurer of Virginia. All fees required by the board
are nonrefundable. In the event that a check, money draft or similar instrument for payment of a fee required
by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall
be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the
Department:
Fee Type
When Due
Amount Due
Class C Initial License
with license application
$210
Class B Initial License
with license application
$345
Class A Initial License
with license application
$360
Temporary License
with license application and applicable initial license
fee
$50
Residential Building Energy
Analyst Firm License
with license application
$210
Qualified Individual Exam Fee
with exam application
$20
Class B Exam Fee
with exam application ($20 per section)
$40
Class A Exam Fee
with exam application ($20 per section)
$60
Note: A $25 Recovery Fund assessment is also required with each initial license application, except for the
residential building energy analyst firm license. If the applicant does not meet all requirements and does not
become licensed, this assessment will be refunded. The examination fees approved by the board but
administered by another governmental agency or organization shall be determined by that agency or
organization.
Historical Notes:
Derived from VR220-01-2:1 §2.7, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5,
eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1,
2001; Volume 19, Issue 6, eff. January 1, 2003, Volume 21, Issue 20, eff. August 1, 2005. Volume 26,
Issue 11, eff. April 1, 2010; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1,
2016.
25
PART III.
FEES, RENEWAL AND REINSTATEMENT REQUIREMENTS
18 VAC 50-22-110. Renewal required.
Licenses issued under this chapter shall expire two years from the last day of the month in which they were
issued, as indicated on the license.
Historical Notes:
Derived from VR220-01-2:1 §3.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001.
18 VAC 50-22-120. Procedures for renewal.
The Department of Professional and Occupational Regulation will mail a notice of renewal to the licensee at the
last known address of record. Failure to receive this notice shall not relieve the licensee of the obligation to
renew. If the licensee does not receive the notice of renewal, a copy of the license may be substituted with the
required fee.
Historical Notes:
Derived from VR220-01-2:1 §3.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff.
September 1, 2001.
18 VAC 50-22-130. Qualifications for renewal.
A. The license holder's completed renewal form and appropriate fees must be received within 30
days of the license expiration date in order to renew the license. Applications and fees
received after the 30-day period will be processed in accordance with Part IV (18 VAC 50-22-
160 et seq.) of this chapter.
B. Applicants for renewal of a Class C license shall continue to meet all of the qualifications for
licensure set forth in 18 VAC 50-22-40. Applicants for renewal of a Class B license shall
continue to meet all of the qualifications for licensure set forth in 18 VAC 50-22-50. Applicants
for renewal of a Class A license shall continue to meet all of the qualifications for licensure set
forth in 18 VAC 50-22-60.
26
C. Applicants for renewal of a residential building energy analyst firm license shall continue to
meet all of the qualifications for licensure set forth in 18 VAC 50-22-62 and shall submit proof
of insurance as required in 18 VAC 50-22-62 C.
Historical Notes:
Derived from VR220-01-2:1 §3.3, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016.
18 VAC 50-22-140. Renewal fees.
Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the
board are nonrefundable.
In the event that a check, money draft, or similar instrument for payment of a fee required by statute or
regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required
to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:
Fee Type
When Due
Amount Due
Class C renewal
with renewal application
$ 195
Class B renewal
with renewal application
$ 225
Class A renewal
with renewal application
$ 240
Residential Building Energy Analyst Firm
Renewal
with renewal application
$195
The date on which the renewal fee is received by the Department of Professional and Occupational Regulation
or its agent shall determine whether the licensee is eligible for renewal or must apply for reinstatement.
For renewal fees received on or before August 31, 2025, the fees shall be $150 for a Class C renewal,
$175 for a Class B renewal, $200 for a Class A renewal and $150 for a Residential Building Energy Analyst
Firm renewal.
Historical Notes:
Derived from VR220-01-2:1 §3.4, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5,
eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1,
2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005. Volume 26,
Issue 11, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1,
2016; Volume 33, Issue 19, eff. July 1, 2017; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue
6, eff. December 8, 2021; Volume 39, Issue 21, eff. September 1, 2023.
27
18 VAC 50-22-150. Board discretion to deny renewal.
A. The board may deny renewal of a license for the same reasons as it may refuse initial
licensure or discipline a licensee. The licensee has a right to appeal any such action by the
board under the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).
B. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed
by consent order or final order may result in delaying or withholding services provided by
the department such as, but not limited to, renewal, reinstatement, processing a new
application, or exam administration.
Historical Notes:
Derived from VR220-01-2:1 §3.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001.
28
PART IV.
REINSTATEMENT
18 VAC 50-22-160. Reinstatement required.
Should the Department of Professional and Occupational Regulation fail to receive a license holder's renewal
form and appropriate fees within 30 days of the license expiration date, the licensee shall be required to
reinstate the license. Applicants for reinstatement of a Class C license shall meet the requirements of 18 VAC
50-22-130. Applicants for reinstatement of a Class B license shall continue to meet the qualifications for
licensure set forth in 18 VAC 50-22-50. Applicants for reinstatement of a Class A license shall continue to meet
all the qualifications for licensure set forth in 18 VAC 50-22-60. Applicants for reinstatement of a residential
building energy analyst firm license shall continue to meet all of the qualifications for licensure set forth in 18
VAC 50-22-62.
Historical Notes:
Derived from VR220-01-2:1 §4.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Volume 32, Issue 3, eff January 1, 2016.
18 VAC 50-22-170. Reinstatement fees.
Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the
board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee
required by statute or regulation is not honored by the bank or financial institution named, the applicant or
regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge
set by the Department:
Fee type
When Due
Amount Due
Class C reinstatement
with reinstatement application
$ 405*
Class B reinstatement
with reinstatement application
$ 460*
Class A reinstatement
with reinstatement application
$ 490*
Residential building energy analysts firm
reinstatement
with reinstatement application
$ 405*
* Includes renewal fee listed in 18 VAC 50-22-140.
The date on which the reinstatement fee is received by the Department of Professional and Occupational
Regulation or its agent shall determine whether the licensee is eligible for reinstatement or must apply for a
new license and meet the entry requirements in place at the time of that application. In order to ensure that
licensees are qualified to practice as contractors, no reinstatement will be permitted once two years from the
expiration date of the license has passed.
29
For reinstatement fees received on or before August 31, 2025, the fees shall be $360 for Class C
reinstatement, $410 for Class B reinstatement, and $450 for Class A reinstatement. These fees include the
renewal fee listed in 18VAC50-22-140.
Historical Notes:
Derived from VR220-01-2:1 §4.2, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5,
eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1,
2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; Volume 31,
Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Volume 33, Issue 19, eff. July 1,
2017; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 6, eff. December 8, 2021; Volume 39,
Issue 21, eff. September 1, 2023.
18 VAC 50-22-180. Status of licensee during the period prior to reinstatement.
A. When a license is reinstated, the licensee shall continue to have the same license number
and shall be assigned an expiration date two years from the previous expiration date of the
license.
B. A contractor who reinstates his license shall be regarded as having been continuously
licensed without interruption. Therefore:
1. The contractor shall remain under the disciplinary authority of the board during this
entire period and may be held accountable for his activities during this period.
2. A consumer who contracts with a contractor during the period between the expiration
of the license and the reinstatement of the license shall not be prohibited from making
a claim on the Virginia Contractor Transaction Recovery Fund.
A contractor who fails to reinstate his license shall be regarded as unlicensed from the
expiration date of the license forward.
Nothing in this chapter shall divest the board of its authority to discipline a contractor
for a violation of the law or regulations during the period of time for which the contractor was
licensed.
C. A residential building energy analyst firm who reinstates its license shall be regarded as
having been continuously licensed without interruption and shall remain under the disciplinary
authority of the board during this entire period and may be held accountable for its activities
during this period.
Historical Notes:
Derived from VR220-01-2:1 §4.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016.
30
18 VAC 50-22-190. Board discretion to deny reinstatement.
A. The board may deny reinstatement of a license for the same reasons as it may refuse initial
licensure or discipline a licensee. The licensee has a right to appeal any such action by the
board under the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).
B. Failure to timely pay any monetary penalty, reimbursement of cost or other fee assessed
by consent order or final order shall result in delaying or withholding services provided by
the department such as, but not limited to, renewal, reinstatement, processing of a new
application, or exam administration.
Historical Notes:
Derived from VR220-01-2:1 §4.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001.
31
PART V.
STANDARDS OF PRACTICE AND CONDUCT
18 VAC 50-22-200. Remedial education, revocation or suspension; fines.
The board may require remedial education, revoke or suspend a license or fine a licensee when a licensee has
been found to have violated or cooperated with others in violating any provision of Chapter 11 (§ 54.1-1100 et
seq.) of Title 54.1 of the Code of Virginia, or any regulation of the board.
Historical Notes:
Derived from VR220-01-2:1 §5.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21,
eff. September 1, 2001.
18 VAC 50-22-210. Change of business entity requires a new license.
Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business
entity holding the license is dissolved or altered to form a new business entity, the original license becomes void
and shall be returned to the board within 30 days of the change. Additionally, the firm shall apply for a new
license, on a form provided by the board, within 30 days of the change in the business entity. Such changes
include but are not limited to:
1. Death of a sole proprietor;
2. Death or withdrawal of a general partner in a general partnership or the managing
partner in a limited partnership; and
3. Conversion, formation, or dissolution of a corporation, a limited liability company, or
an association or any other business entity recognized under the laws of the
Commonwealth of Virginia.
Historical Notes:
Derived from VR220-01-2:1 §5.2, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001, Virginia Register Volume 29, Issue 3, eff. December 1, 2012.
32
18 VAC 50-22-220. Change of responsible management, designated employee, or qualified
individual.
A. Any change in the officers of a corporation, managers of a limited liability company, or officers or
directors of an association shall be reported to the board in writing within 120 days of the change.
B. Any change of designated employee shall be reported on a form provided by the board within 120
days of the change. The new designated employee for a Class B licensee shall meet the
requirements of 18VAC50-22-50 B. The new designated employee for a Class A licensee shall
meet the requirements of 18VAC50-22-60 B. More than one individual associated with a single
firm may complete the examination requirements necessary for eligibility as the designated
employee.
C. Any change of qualified individual shall be reported on a form provided by the board within 45
days of the change. The new qualified individual for a Class C licensee shall meet the
requirements of 18VAC50-22-40 B. The new qualified individual for a Class B licensee shall meet
the requirements of 18VAC50-22-50 C. The new qualified individual for a Class A licensee shall
meet the requirements of 18VAC50-22-60 C.
Historical Notes:
Derived from VR220-01-2:1 §5.3, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001; Volume 36, Issue 2, eff. November 1, 2019.
18 VAC 50-22-230. Change of name or address.
A. A licensee must operate under the name in which the license is issued. Any name change
shall be reported in writing to the board within 30 days of the change. The board shall not be
responsible for the licensee's failure to receive notices or correspondence due to the
licensee's not having reported a change of name.
B. Any change of the address of record or principal place of business shall be reported in writing
to the board within 30 days of the change. The board shall not be responsible for the
licensee's failure to receive notices or correspondence due to the licensee's not having
reported a change of address.
Historical Notes:
Derived from VR220-01-2:1 §5.4, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001, Virginia Register Volume 29, Issue 3, eff. December 1, 2012.
33
18 VAC 50-22-240. Deletion or addition of a classification or specialty.
A. A licensee wishing to delete a classification or specialty from its license shall notify the board
in writing. If a licensee has only one classification or specialty, deletion of that classification or
specialty will result in termination of the license.
B. A licensee wishing to add a classification or specialty to its license shall complete a form
provided by the board. A Class C licensee seeking an additional classification or specialty
shall meet the requirements of 18 VAC 50-22-40 B for the new classification or specialty.
A Class B licensee seeking an additional classification or specialty shall meet the
requirements of 18 VAC 50-22-50 C for the new classification or specialty. A Class A
licensee seeking an additional classification or specialty shall meet the requirements of 18
VAC 50-22-60 C for the new classification or specialty.
Historical Notes:
Derived from VR220-01-2:1 §5.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue
21, eff. September 1, 2001.
18 VAC 50-22-250. Fees.
Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the
board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee
required by statue or regulation is not honored by the bank or financial institution named, the applicant or
regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge
set by the Department:
Fee Type
When Due
Amount Due
Change of Designated Employee
with change form
$110
Change of Qualified Individual
with change form
$110
Addition of Classification or Specialty
with addition application
$110
Historical Notes:
Derived from VR220-01-2:1 §5.6, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5,
eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1,
2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010.
34
18 VAC 50-22-260. Filing of charges; prohibited acts.
A. All complaints against contractors and residential building energy analyst firms may be filed with
the Department of Professional and Occupational Regulation at any time during business hours,
pursuant to § 54.1-1114 of the Code of Virginia.
B. The following acts are prohibited acts:
1. Failure in any material way to comply with provisions of Chapter 1 (§ 54.1-100 et
seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the
regulations of the board.
2. Furnishing substantially inaccurate or incomplete information to the board in
obtaining, renewing, reinstating, or maintaining a license.
3. Failure of the responsible management, designated employee, or qualified individual
to report to the board, in writing, the suspension or revocation of a contractor license
by another state or conviction in a court of competent jurisdiction of a building code
violation.
4. Publishing or causing to be published any advertisement relating to contracting that
contains an assertion, representation, or statement of fact that is false, deceptive, or
misleading.
5. Negligence or incompetence in the practice of contracting or residential building
energy analyses.
6. Misconduct in the practice of contracting or residential building energy analyses.
7. A finding of improper or dishonest conduct in the practice of contracting by a court of
competent jurisdiction or by the board.
8. Failure of all those who engage in residential contracting, excluding subcontractors to
the contracting parties and those who engage in routine maintenance or service
contracts, to make use of a legible written contract clearly specifying the terms and
conditions of the work to be performed. For the purposes of this chapter, residential
contracting means construction, removal, repair, or improvements to single-family or
multiple-family residential buildings, including accessory-use structures as defined in
§ 54.1-1100 of the Code of Virginia. Prior to commencement of work or acceptance
of payments, the contract shall be signed by both the consumer and the licensee or
his agent.
35
9. Failure of those engaged in residential contracting as defined in this chapter to
comply with the terms of a written contract that contains the following minimum
requirements:
a. When work is to begin and the estimated completion date;
b. A statement of the total cost of the contract and the amounts and schedule
for progress payments including a specific statement on the amount of the
down payment;
c. A listing of specified materials and work to be performed, which is specifically
requested by the consumer;
d. A "plain-language" exculpatory clause concerning events beyond the control
of the contractor and a statement explaining that delays caused by such
events do not constitute abandonment and are not included in calculating
timeframes for payment or performance;
e. A statement of assurance that the contractor will comply with all local
requirements for building permits, inspections, and zoning;
f. Disclosure of the cancellation rights of the parties;
g. For contracts resulting from a door-to-door solicitation, a signed
acknowledgment by the consumer that he has been provided with and read
the Department of Professional and Occupational Regulation statement of
protection available to him through the Board for Contractors;
h. Contractor's name, address, license number, class of license, and
classifications or specialty services; and
i. A statement providing that any modification to the contract, which changes
the cost, materials, work to be performed, or estimated completion date,
must be in writing and signed by all parties; and
j. Effective with all new contracts entered into after July 1, 2015, a statement
notifying consumers of the existence of the Virginia Contractor Transaction
Recovery Fund that includes information on how to contact the board for
claim information.
10. Failure to make prompt delivery to the consumer before commencement of work of a
fully executed copy of the contract as described in subdivisions 8 and 9 of this
subsection for construction or contracting work.
36
11. Failure of the contractor to maintain for a period of five years from the date of contract
a complete and legible copy of all documents relating to that contract, including the
contract and any addenda or change orders.
12. Refusing or failing, upon request, to produce to the board, or any of its agents, any
document, book, record, or copy of it in the licensee's possession concerning a
transaction covered by this chapter or for which the licensee is required to maintain
records.
13. Failing to respond to an agent of the board or providing false, misleading or
incomplete information to an investigator seeking information in the investigation of a
complaint filed with the board against the contractor. Failing or refusing to claim
certified mail sent to the licensee’s address of record shall constitute a violation of this
regulation.
14. Abandonment defined as the unjustified cessation of work under the contract for a
period of 30 days or more.
15. The intentional and unjustified failure to complete work contracted for or to comply
with the terms in the contract.
16. The retention or misapplication of funds paid, for which work is either not performed
or performed only in part.
17. Making any misrepresentation or making a false promise that might influence,
persuade, or induce.
18. Assisting another to violate any provision of Chapter 1 (§ 54.1-100 et seq.) or
Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, or this chapter;
or combining or conspiring with or acting as agent, partner, or associate for another.
19. Allowing a firm's license to be used by another.
20. Acting as or being an ostensible licensee for undisclosed persons who do or will
control or direct, directly or indirectly, the operations of the licensee's business.
21. Action by the firm, responsible management as defined in this chapter, designated
employee or qualified individual to offer, give, or promise anything of value or benefit
to any federal, state, or local employee for the purpose of influencing that employee
to circumvent, in the performance of his duties, any federal, state, or local law,
regulation, or ordinance governing the construction industry.
22. Where the firm, responsible management as defined in this chapter, designated
employee or qualified individual has been convicted or found guilty, after initial
licensure, regardless of adjudication, in any jurisdiction, of any felony or non-
37
marijuana misdemeanor, there being no appeal pending therefrom or the time of
appeal having elapsed. Any plea of guilty or nolo contendere shall be considered a
conviction for the purposes of this subdivision. The record of a conviction received
from a court shall be accepted as prima facie evidence of a conviction or finding of
guilt.
23. Failure to inform the board in writing, within 30 days, that the firm, a member of
responsible management as defined in this chapter, its designated employee, or its
qualified individual has pleaded guilty or nolo contendere or was convicted and found
guilty of any felony or of a Class 1 misdemeanor or any non-marijuana misdemeanor
conviction for activities carried out while engaged in the practice of contracting.
24. Having been disciplined by any county, city, town, or any state or federal governing
body including action by the Virginia Department of Health, which action shall be
reviewed by the board before it takes any disciplinary action of its own.
25. Failure to abate a violation of the Virginia Uniform Statewide Building Code,
(13VAC5-63)
26. Failure of a contractor to comply with the notification requirements of the Virginia
Underground Utility Damage Prevention Act, Chapter 10.3 (§ 56-265.14 et seq.) of
Title 56 of the Code of Virginia (Miss Utility).
27. Practicing in a classification, specialty service, or class of license for which the
contractor is not licensed.
28. Failure to satisfy any judgments.
29. Contracting with an unlicensed or improperly licensed contractor or subcontractor in
the delivery of contracting services.
30. Failure to honor the terms and conditions of a warranty.
31. Failure to obtain written change orders, which are signed by both the consumer and
the licensee or his agent, to an already existing contract.
32. Failure to ensure that supervision, as defined in this chapter, is provided to all
helpers and laborers assisting licensed tradesman.
33. Failure to obtain a building permit or applicable inspection, where required.
34. Failure of a residential building energy analyst firm to ensure that residential building
energy analyses conducted by the firm are consistent with the requirements set forth
by the board, the U.S. Environmental Protection Agency, the U.S. Department of
Energy, or the “Energy Star” Program.
38
35. Failure of a residential building energy analyst firm to maintain the liability insurance
required in 18 VAC 50-22-65 C at any time while licensed by the board.
36. Failure of a contractor holding the drug lab remediation specialty to ensure that
remediation work conducted by the firm or properly licensed subcontractors is
consistent with the guidelines set forth by the U.S. Environmental Protection Agency,
Virginia Department of Environmental Quality, Virginia Department of Health, or
Virginia Department of Forensic Science.
37. Failure of a contractor to appropriately classify all workers as employees or as
independent contractors as provided by law.
Historical Notes:
Derived from VR220-01-2:1 §5.7, eff. March 31, 1995; amended, Virginia Register Volume 17,
Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006, Volume 29, Issue 3,
eff. December 1, 2012; amended, Volume 31, Issue 3, eff. December 1, 2014; Volume 32, Issue 3, eff.
January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 36, Issue 26, eff October 1, 2020;
Volume 38, Issue 5, eff. December 1, 2021.
39
PART VI.
PRELICENSE EDUCATION
18 VAC 50-22-300. Prelicense education courses.
All courses offered by prelicense education providers must be approved by the board prior to the initial
offering of the course, and shall cover business principles related to the standards of conduct found in
18VAC50-22-260 B and other applicable requirements of continued licensure set forth in this chapter.
Courses must be eight hours in length. Correspondence and other distance learning courses must include
appropriate testing procedures to verify completion of the course.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008.
18 VAC 50-22-310. Requirements for prelicense education providers.
A. Each provider of a prelicense education course shall submit an application for course
approval on a form provided by the board. The application shall include but is not limited to:
1. The name of the provider;
2. Provider contact person, address and telephone number;
3. Course contact hours;
4. Schedule of courses, if established, including dates, time and locations;
5. Instructor information, including name, license number(s) if applicable, and a list of
other appropriate trade designations;
6. Course and material fees; and
7. Course syllabus.
B. All providers must establish and maintain a record for each student. The record shall include:
the student's name and address; social security number or DMV control number; the course
name and clock hours attended; the course syllabus or outline; the name or names of the
instructor; the date of successful completion; and the board's course code. Records shall be
available for inspection during normal business hours by authorized representatives of the
board. Providers must maintain class records for a minimum of five years.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008.
40
18VAC50-22-320. Reporting of course completion.
All prelicense education providers shall electronically transmit course completion data to the board in an
approved format within seven days of the completion of each individual course. The transmittal will include
each student's name, social security number or DMV control number, the date of successful completion of
the course and the board's course code.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008
18 VAC 50-22-330. Posting prelicense education course certificates of approval.
Copies of prelicense education course certificates of approval must be available at the location a course is
taught.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008.
18 VAC 50-22-340. Reporting of changes.
Any change in the information provided in 18VAC50-22-310 A must be reported to the board within 30 days
of the change with the exception of changes in the schedule of courses, which must be reported within 10
days of the change. Failure to report the changes as required may result in the withdrawal of approval of a
prelicense education provider by the board.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008.
18 VAC 50-22-350. Denial or withdrawal of approval.
The board may deny or withdraw approval of any prelicense education provider for the following reasons:
1. The courses being offered no longer meet the standards established by the board.
2. The provider, through an agent or otherwise, advertises its services in a fraudulent or
deceptive way.
41
3. The provider, instructor, or designee of the provider falsifies any information relating to the
application for approval, course information, student records or fails to produce records
required by the Board for Contractors Tradesman Regulations.
Historical Notes:
Virginia Register, Volume 25, Issue 3, eff. December 1, 2008.
42
Included in this booklet are relevant excerpts from the Code of Virginia. Please note that
the Virginia General Assembly is responsible for creating and amending the Code, not the
Board for Contractors. The version contained herein contains all changes, if any, that have
been made by the General Assembly through the 2022 session. Any changes made during
the 2022 session became effective July 1, 2022, unless otherwise noted. It is your
responsibility to stay informed of revisions to the regulations and the statutes governing
your profession or occupation. Please consult the General Assembly or your local library
for annual changes.
Article 1.
Regulation of Contractors
§ 54.1-1100. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board for Contractors.
"Class A contractors" perform or manage construction, removal, repair, or improvements when (i) the total value
referred to in a single contract or project is $120,000 or more, or (ii) the total value of all such construction, removal,
repair, or improvements undertaken by such person within any 12-month period is $750,000 or more.
"Class B contractors" perform or manage construction, removal, repair, or improvements when (i) the total value
referred to in a single contract or project is $10,000 or more, but less than $120,000, or (ii) the total value of all such
construction, removal, repair or improvements undertaken by such person within any 12-month period is $150,000 or
more, but less than $750,000.
"Class C contractors" perform or manage construction, removal, repair, or improvements when (i) the total value
referred to in a single contract or project is over $1,000 but less than $10,000, or (ii) the total value of all such
construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than
$150,000. The Board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and
heating, ventilation and air conditioning contractors.
"Contractor" means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or
accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the
construction, removal, repair or improvement of any building or structure permanently annexed to real property
owned, controlled, or leased by him or another person or any other improvements to such real property. For
purposes of this chapter, "improvement" shall include (i) remediation, cleanup, or containment of premises to remove
43
contaminants or (ii) site work necessary to make certain real property usable for human occupancy according to the
guidelines established pursuant to § 32.1-11.7.
"Department" means the Department of Professional and Occupational Regulation.
"Designated employee" means the contractor's full-time employee, or a member of the contractor's responsible
management, who is at least 18 years of age and who has successfully completed the oral or written examination
required by the Board on behalf of the contractor.
"Director" means the Director of the Department of Professional and Occupational Regulation.
"Fire sprinkler contractor" means a contractor that provides for the installation, repair, alteration, addition, testing,
maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression
when annexed to real property. "Fire sprinkler contracting" does not include the installation, repair, or maintenance of
other types of fire suppression systems.
"Owner-developer" means any person who, for a third party purchaser, orders or supervises the construction,
removal, repair, or improvement of any building or structure permanently annexed to real property owned, controlled,
or leased by the owner-developer, or any other improvement to such property and who contracts with a person
licensed in accordance with this chapter for the work undertaken.
"Person" means any individual, firm, corporation, association, partnership, joint venture, or other legal entity.
"Value" means fair market value. When improvements are performed or supervised by a contractor, the contract
price shall be prima facie evidence of value.
§ 54.1-1101. (Effective October 1, 2019) Exemptions; failure to obtain certificate of occupancy; penalties.
A. The provisions of this chapter shall not apply to:
1. Any governmental agency performing work with its own forces;
2. Work bid upon or undertaken for the armed services of the United States under the Armed Services Procurement
Act;
3. Work bid upon or undertaken for the United States government on land under the exclusive jurisdiction of the
federal government either by statute or deed of cession;
4. Work bid upon or undertaken for the Department of Transportation on the construction, reconstruction, repair or
improvement of any highway or bridge;
5. Any other persons who may be specifically excluded by other laws but only to such an extent as such laws
provide;
44
6. Any material supplier who renders advice concerning use of products sold and who does not provide construction
or installation services;
7. Any person who performs or supervises the construction, removal, repair or improvement of no more than one
primary residence owned by him and for his own use during any 24-month period;
8. Any person who performs or supervises the construction, removal, repair or improvement of a house upon his own
real property as a bona fide gift to a member of his immediate family provided such member lives in the house. For
purposes of this section, "immediate family" includes one's mother, father, son, daughter, brother, sister, grandchild,
grandparent, mother-in-law and father-in-law;
9. Any person who performs or supervises the repair or improvement of industrial or manufacturing facilities, or a
commercial or retail building, for his own use;
10. Any person who performs or supervises the repair or improvement of residential dwelling units owned by him that
are subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.);
11. Any owner-developer, provided that any third-party purchaser is made a third-party beneficiary to the contract
between the owner-developer and a licensed contractor whereby the contractor's obligation to perform the contract
extends to both the owner-developer and the third party;
12. Work undertaken by students as part of a career and technical education project as defined in § 22.1-228
established by any school board in accordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1 for the
construction of portable classrooms or single family homes;
13. Any person who performs the removal of building detritus or provides janitorial, cleaning, or sanitizing services
incidental to the construction, removal, repair, or improvement of real property;
14. Any person who is performing work directly under the supervision of a licensed contractor and is (i) a student in
good standing and enrolled in a public or private institution of higher education, (ii) a student enrolled in a career
training or technical education program, or (iii) an apprentice as defined in § 40.1-120; and
15. Work undertaken by a person providing construction, remodeling, repair, improvement, removal, or demolition
valued at $25,000 or less per project on behalf of a properly licensed contractor, provided that such contractor holds
a valid license in the (i) residential building, (ii) commercial building, or (iii) home improvement building contractor
classification. However, any construction services that require an individual license or certification shall be rendered
only by an individual licensed or certified in accordance with this chapter.
All other contractors performing work for any government or for any governmental agency are subject to the
provisions of this chapter and are required to be licensed as provided herein.
B. Any person who is exempt from the provisions of this chapter as a result of subdivision A 7, 10, 11, or 12 shall
obtain a certificate of occupancy for any building constructed, repaired or improved by him prior to conveying such
property to a third-party purchaser, unless such purchaser has acknowledged in writing that no certificate of
occupancy has been issued and that such purchaser consents to acquire the property without a certificate of
occupancy.
45
C. Any person who is exempt from the provisions of this chapter as a result of subdivision 7, 8, 9, 10, 11, 12, or 14 of
subsection A shall comply with the provisions of the Uniform Statewide Building Code (§ 36-97 et seq.).
D. Any person who violates the provisions of subsection B or C shall be guilty of a Class 1 misdemeanor. The third or
any subsequent conviction of violating subsection B or C during a 36-month period shall constitute a Class 6 felony.
§ 54.1-1102. Board for Contractors membership; offices; meetings; seal; record.
A. The Board for Contractors shall be composed of 16 members as follows: one member shall be a licensed Class A
general contractor; the larger part of the business of one member shall be the construction of utilities; the larger part
of the business of one member shall be the construction of commercial and industrial buildings; the larger part of the
business of one member shall be the construction of single-family residences; the larger part of the business of one
member shall be the construction of home improvements; one member shall be a subcontractor as generally
regarded in the construction industry; one member shall be in the business of sales of construction materials and
supplies; one member shall be a local building official; one member shall be a licensed plumbing contractor; one
member shall be a licensed electrical contractor; one member shall be a licensed heating, ventilation and air
conditioning contractor; one member shall be a certified elevator mechanic or a licensed elevator contractor; one
member shall be a certified water well systems provider; one member shall be a professional engineer licensed in
accordance with Chapter 4 (§ 54.1-400 et seq.); and two members shall be nonlegislative citizen members. The
terms of the Board members shall be four years.
The Board shall meet at least once each year and at such other times as may be deemed necessary. Annually, the
Board shall elect from its membership a chairman and a vice-chairman to serve for a one-year term. Nine members
of the Board shall constitute a quorum.
B. The Board shall promulgate regulations not inconsistent with statute necessary for the licensure of contractors and
tradesmen and the certification of backflow prevention device workers, and for the relicensure of contractors and
tradesmen and for the recertification of backflow prevention device workers, after license or certificate suspension or
revocation. The Board shall include in its regulations a requirement that as a condition for initial licensure as a
contractor, the designated employee or a member of the responsible management personnel of the contractor shall
have successfully completed a Board-approved basic business course, which shall not exceed eight hours of
classroom instruction. In addition, the Board shall (i) require a contractor to appropriately classify all workers as
employees or independent contractors, as provided by law and (ii) provide that any contractor who is found to have
intentionally misclassified any worker is subject to sanction by the Board.
C. The Board may adopt regulations requiring all Class A, B, and C residential contractors, excluding subcontractors
to the contracting parties and those who engage in routine maintenance or service contracts, to use legible written
contracts including the following terms and conditions:
1. General description of the work to be performed;
2. Fixed price or an estimate of the total cost of the work, the amounts and schedule of progress payments, a listing
of specific materials requested by the consumer and the amount of down payment;
3. Estimates of time of commencement and completion of the work; and
4. Contractor's name, address, office telephone number and license or certification number and class.
46
In transactions involving door-to-door solicitations, the Board may require that a statement of protections be provided
by the contractor to the homeowner, consumer or buyer, as the case may be.
D. The Board shall adopt a seal with the words "Board for Contractors, Commonwealth of Virginia." The Director shall
have charge, care and custody of the seal.
E. The Director shall maintain a record of the proceedings of the Board.
§ 54.1-1103. Necessity for license; requirements for water well drillers and landscape irrigation contractors;
exemption.
A. No person shall engage in, or offer to engage in, contracting work in the Commonwealth unless he has been
licensed under the provisions of this chapter. The Board may waive any provision of this chapter for Habitat for
Humanity, its local affiliates or subsidiaries, and any other nonprofit organization exempt from taxation under §
501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)) for the purpose of constructing or rehabilitating
single-family dwellings that will be given to or sold below the appraised value to low-income persons. Prior to a joint
venture engaging in, or offering to engage in, contracting work in the Commonwealth, (i) each contracting party of the
joint venture shall be licensed under the provisions of this chapter or (ii) a license shall be obtained in the name of the
joint venture under the provisions of this chapter.
B. Except as provided in § 54.1-1117, the issuance of a license under the provisions of this chapter shall not entitle
the holder to engage in any activity for which a special license is required by law.
C. When the contracting work is for the purpose of landscape irrigation or the construction of a water well as defined
in § 32.1-176.3, the contractor shall be licensed, regardless of the contract amount, as follows:
1. A Class C license is required when the total value referred to in a single contract or project is no more than
$10,000, or the total value of all such water well or landscape irrigation contracts undertaken within any 12-month
period is no more than $150,000;
2. A Class B license is required when the total value referred to in a single contract is $10,000 or more, but less than
$120,000, or the total value of all such water well or landscape irrigation contracts undertaken within any 12-month
period is $150,000 or more, but less than $750,000; and
3. A Class A license is required when the total value referred to in a single contract or project is $120,000 or more, or
when the total value of all such water well or landscape irrigation contracts undertaken within any 12-month period is
$750,000 or more.
D. Notwithstanding the other provisions of this section, an architect or professional engineer who is licensed pursuant
to Chapter 4 (§ 54.1-400 et seq.) shall not be required to be licensed or certified to engage in, or offer to engage in,
contracting work or operate as an owner-developer in the Commonwealth in accordance with this chapter when
bidding upon or negotiating design-build contracts or performing services other than construction services under a
design-build contract. However, the construction services offered or rendered in connection with such contracts shall
only be rendered by a contractor licensed or certified in accordance with this chapter.
E. Notwithstanding the other provisions of this section, any person licensed under the provisions of Article 4 (§ 9.1-
138 et seq.) of Chapter 1 of Title 9.1 as a private security services business shall not be required to be licensed or
certified to engage in, or offer to engage in, contracting work in the Commonwealth in accordance with this chapter
when bidding upon or performing services to install, service, maintain, design or consult in the design of any
47
electronic security equipment as defined in § 9.1-138 including but not limited to, low voltage cabling, network cabling
and computer or systems integration.
F. Notwithstanding any other provisions of this section, persons bidding upon or performing services to design or
undertake public works of art commissioned by the Commonwealth; a political subdivision of the Commonwealth,
including any county, city, or town; or a nonprofit corporation exempt from taxation under § 501(c)(3) of the Internal
Revenue Code shall not be required to be licensed or certified in accordance with this chapter. However, the
installation of the artwork and related construction services offered or rendered in connection with such commission
shall only be rendered by a contractor licensed or certified in accordance with this chapter.
§ 54.1-1104. Register of applicants.
The Director shall keep a register of all applicants showing their date of application, name, qualifications, place of
business, place of residence, and whether such application was approved or refused. The books and register of the
Board shall be prima facie evidence of all matters recorded therein.
§ 54.1-1106. Application for Class A license; fees; examination; issuance.
A. Any person desiring to be licensed as a Class A contractor shall file with the Department a written application on a
form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-
201. The application shall contain the name, place of employment, and business address of the proposed designated
employee, and information on the knowledge, skills, abilities, and financial position of the applicant. The Board shall
determine whether the past performance record of the applicant, including his reputation for paying material bills and
carrying out other contractual obligations, satisfies the purposes and intent of this chapter. The Board shall also
determine whether the applicant has complied with the laws of the Commonwealth pertaining to the domestication of
foreign corporations and all other laws affecting those engaged in the practice of contracting as set forth in this
chapter.
B. As proof of financial responsibility, the applicant shall demonstrate compliance with the minimum net worth
requirement fixed by the Board in regulation by providing either:
1. A financial statement on a form prescribed by the Board, subject to additional verification if the Board determines
that sufficient questions or ambiguities exist in the applicant's presentation of financial information; or
2. A balance sheet reviewed by a certified public accountant licensed in accordance with § 54.1-4409.1.
C. In lieu of compliance with subsection B, an applicant may demonstrate financial responsibility by electing to obtain
and maintain a bond in the amount of $50,000. Proof of current bond shall come from a corporate surety licensed to
do business in the Commonwealth and approved by the Attorney General and shall be filed with the Department.
D. In addition, if the applicant is a sole proprietor, he shall furnish to the Board his name and address. If the applicant
is a member of a partnership, he shall furnish to the Board the names and addresses of all of the general partners of
the partnership. If the applicant is a member of an association, he shall furnish to the Board the names and
addresses of all of the members of the association. If the applicant is a corporation, it shall furnish to the Board the
names and addresses of all officers of the corporation. If the applicant is a joint venture, it shall furnish to the Board
the names and addresses of (i) each member of the joint venture and (ii) any sole proprietor, general partner of any
partnership, member of any association, or officer of any corporation who is a member of the joint venture. The
applicant shall thereafter keep the Board advised of any changes in the above information.
48
E. If the application is satisfactory to the Board, the proposed designated employee shall be required by Board
regulations to take an oral or written examination to determine his general knowledge of contracting, including the
statutory and regulatory requirements governing contractors in the Commonwealth. If the proposed designated
employee successfully completes the examination and the applicant meets or exceeds the other entry criteria
established by Board regulations, a Class A contractor license shall be issued to the applicant. The license shall
permit the applicant to engage in contracting only so long as the designated employee is in the full-time employment
of the contractor or is a member of the contractor's responsible management. No examination shall be required
where the licensed Class A contractor changes his form of business entity provided he is in good standing with the
Board. In the event the designated employee leaves the full-time employ of the licensed contractor or is no longer a
member of the contractor's responsible management, no additional examination shall be required of such designated
employee, except in accordance with § 54.1-1110.1, and the contractor shall within 90 days of that departure provide
to the Board the name of the new designated employee.
F. The Board may grant a Class A license in any of the following classifications: (i) residential building contractor, (ii)
commercial building contractor, (iii) highway/heavy contractor, (iv) electrical contractor, (v) plumbing contractor, (vi)
heating, ventilation, and air conditioning contractor, (vii) fire sprinkler contractor, and (viii) specialty contractor.
§ 54.1-1106.1. Violations of certain State Board of Health regulations; penalty.
The Board for Contractors shall consider violations of regulations of the State Board of Health relating to water wells
as violations of this chapter, punishable by a fine of not more than $1,000 or suspension or revocation of license. No
contractor shall be subject to the monetary penalties provided by this section if he has been assessed a civil penalty
for such violation pursuant to § 32.1-27.
§ 54.1-1106.2. Additional monetary penalty for certain violations.
A. If the Board finds any person licensed under the provisions of this chapter to be in violation of a statute or
regulation involving fraudulent or improper or dishonest conduct as defined in § 54.1-1118, which violation occurred
while engaged in a transaction initiated arising from a declared state of emergency as defined in § 44-146.16, the
Board shall impose a monetary penalty of up to $10,000 for each such violation.
B. The penalty imposed pursuant to this section shall be in addition to that provided in § 54.1-202.
§ 54.1-1108. Application for Class B license; fees; examination; issuance.
A. Any person desiring to be licensed as a Class B contractor shall file with the Department a written application on a
form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-
201. The application shall contain the name, place of employment, and business address of the proposed designated
employee; information on the knowledge, skills, abilities, and financial position of the applicant; and evidence of
holding a current local license pursuant to local ordinances adopted pursuant to § 54.1-1117. The Board shall
determine whether the past performance record of the applicant, including his reputation for paying material bills and
carrying out other contractual obligations, satisfies the purpose and intent of this chapter. The Board shall also
determine whether the applicant has complied with the laws of the Commonwealth pertaining to the domestication of
foreign corporations and all other laws affecting those engaged in the practice of contracting as set forth in this
chapter.
B. As proof of financial responsibility, the applicant shall demonstrate compliance with the minimum net worth
requirement fixed by the Board in regulation by providing either:
49
1. A financial statement on a form prescribed by the Board, subject to additional verification if the Board determines
that sufficient questions or ambiguities exist in the applicant's presentation of financial information; or
2. A balance sheet reviewed by a certified public accountant licensed in accordance with § 54.1-4409.1.
C. In lieu of compliance with subsection B, an applicant may demonstrate financial responsibility by electing to obtain
and maintain a bond in the amount of $50,000. Proof of current bond shall come from a corporate surety licensed to
do business in the Commonwealth and approved by the Attorney General and shall be filed with the Department.
D. In addition, if the applicant is a sole proprietor, he shall furnish to the Board his name and address. If the applicant
is a member of a partnership, he shall furnish to the Board the names and addresses of all of the general partners of
that partnership. If the applicant is a member of an association, he shall furnish to the Board the names and
addresses of all of the members of the association. If the applicant is a corporation, it shall furnish to the Board the
name and address of all officers of the corporation. If the applicant is a joint venture, it shall furnish to the Board the
names and addresses of (i) each member of the joint venture and (ii) any sole proprietor, general partner of any
partnership, member of any association, or officer of any corporation who is a member of the joint venture. The
applicant shall thereafter keep the Board advised of any changes in the above information.
E. If the application is satisfactory to the Board, the proposed designated employee shall be required by Board
regulations to take an oral or written examination to determine his general knowledge of contracting, including the
statutory and regulatory requirements governing contractors in the Commonwealth. If the proposed designated
employee successfully completes the examination and the applicant meets or exceeds the other entry criteria
established by Board regulations, a Class B contractor license shall be issued to the applicant. The license shall
permit the applicant to engage in contracting only so long as the designated employee is in the full-time employment
of the contractor and only in the counties, cities, and towns where such person has complied with all local licensing
requirements and for the type of work to be performed. No examination shall be required where the licensed Class B
contractor changes his form of business entity provided he is in good standing with the Board. In the event the
designated employee leaves the full-time employ of the licensed contractor, no additional examination shall be
required of such designated employee, except in accordance with § 54.1-1110.1, and the contractor shall within 90
days of that departure provide to the Board the name of the new designated employee.
F. The Board may grant a Class B license in any of the following classifications: (i) residential building contractor, (ii)
commercial building contractor, (iii) highway/heavy contractor, (iv) electrical contractor, (v) plumbing contractor, (vi)
HVAC contractor, (vii) fire sprinkler contractor, and (viii) specialty contractor.
§ 54.1-1108.1. Waiver of examination; designated employee; Board regulations.
A. Any Class A contractor licensed in the Commonwealth of Virginia prior to January 1, 1991, and in business on
December 31, 1990, shall provide to the Board in writing the name of one full-time employee or member of the
contractor's responsible management who is at least 18 years of age and that employee shall be deemed to have
fulfilled the requirement for examination in § 54.1-1106, so long as he remains a full-time employee of the contractor
or remains a member of the contractor's responsible management. The designated employee shall not be required to
take an examination if the Class A contractor changes his form of business entity and is in good standing with the
Board. Upon his leaving the employ of the contractor or his leaving as a member of the contractor's responsible
management, the contractor shall name another full-time employee or member of the contractor's responsible
management in accordance with § 54.1-1106.
Any Class B contractor registered in the Commonwealth prior to January 1, 1991, and in business on December 31,
1990, shall, within its current period of registration, provide on a form prescribed by the Board satisfactory information
on the financial position, and knowledge, skills and abilities of the registered firm; and the name of a full-time
50
employee who is at least 18 years of age and that employee shall be deemed to have fulfilled the requirement for
examination in § 54.1-1108, so long as he remains a full-time employee of the contractor. The designated employee
shall not be required to take an examination if the Class B contractor changes his form of business entity and is in
good standing with the Board. If such employee leaves the employ of the contractor, the contractor shall name
another full-time employee in accordance with § 54.1-1108.
B. 1. The Board is directed to revise Board regulations to allow multiple individuals from a single firm to sit for the
business examination required to be confirmed as the firm's designated employee. The Board shall also review
current regulations and procedures pertaining to the time allowed for a change of the designated employee to
determine if the current time for replacement is sufficient and practicable.
2. As used in this subsection, "firm" means any business entity recognized under the laws of the Commonwealth of
Virginia.
§ 54.1-1108.2. Application for Class C license; fees; issuance.
A. Any person desiring to be licensed as a Class C contractor shall file with the Department a written application on a
form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-
201. The application shall contain information concerning the name, location, nature, and operation of the business,
and information demonstrating that the applicant possesses the character and minimum skills to properly engage in
the occupation of contracting.
B. The Board may grant a Class C license in any of the following classifications: (i) residential building contractor, (ii)
commercial building contractor, (iii) highway/heavy contractor, (iv) electrical contractor, (v) plumbing contractor, (vi)
heating, ventilation, and air conditioning contractor, (vii) fire sprinkler contractor, and (viii) specialty contractor.
§ 54.1-1109. Expiration and renewal of license or certificate.
A. A license or certificate issued pursuant to this chapter shall expire as provided in Board regulations. Application for
renewal of a license or certificate may be made as provided by Board regulations. The application shall be
accompanied by a fee set by the Board pursuant to § 54.1-201.
B. With respect to a contractor electing continuous bonding under § 54.1-1106 or 54.1-1108, proof of current bond is
required in order to renew the license or certificate. The bond shall commence no later than the effective date of the
license and shall expire no sooner than the date of expiration of the license or certificate.
§ 54.1-1110. Grounds for denial or revocation of license or certificate.
The Board shall have the power to require remedial education, suspend, revoke, or deny renewal of the license or
certificate of any contractor who is found to be in violation of the statutes or regulations governing the practice of
licensed or certified contractors in the Commonwealth.
The Board may suspend, revoke, or deny renewal of an existing license or certificate, or refuse to issue a license or
certificate, to any contractor who is shown to have a substantial identity of interest with a contractor whose license or
certificate has been revoked or not renewed by the Board. A substantial identity of interest includes but is not limited
to (i) a controlling financial interest by the individual or corporate principals of the contractor whose license or
certificate has been revoked or nonrenewed, (ii) substantially identical principals or officers, or (iii) the same
designated employee as the contractor whose license or certificate has been revoked or not renewed by the Board.
51
Additionally, the Board may suspend, revoke or deny renewal of an existing license or certificate, or refuse to issue a
license or certificate to any contractor who violates the provisions of Chapter 5 (§ 60.2-500 et seq.) of Title 60.2 and
Chapter 8 (§ 65.2-800 et seq.) of Title 65.2.
Any person whose license is suspended or revoked by the Board shall not be eligible for a license or certificate under
any circumstances or under any name, except as provided by regulations of the Board pursuant to § 54.1-1102.
§ 54.1-1110.1. Re-examination of designated employee.
The Board shall have the power to require remedial education or may require a designated employee to retake the
examination required by this chapter, in any case where the conduct of the designated employee, while in the employ
of a licensed Class A or Class B contractor, has resulted in any disciplinary action by the Board against such
contractor.
§ 54.1-1111. Prerequisites to obtaining business license; building, etc., permit.
A. Any person applying to the building official or any other authority of a county, city, or town in this Commonwealth,
charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or
structure, or any removal, grading or improvement shall furnish prior to the issuance of the permit, either (i)
satisfactory proof to such official or authority that he is duly licensed or certified under the terms of this chapter to
carry out or superintend the same, or (ii) file a written statement that he is not subject to licensure or certification as a
contractor or subcontractor pursuant to this chapter. The applicant shall also furnish satisfactory proof that the taxes
or license fees required by any county, city, or town have been paid so as to be qualified to bid upon or contract for
the work for which the permit has been applied.
It shall be unlawful for the building official or other authority to issue or allow the issuance of such permits unless the
applicant has furnished his license or certificate number issued pursuant to this chapter or evidence of being exempt
from the provisions of this chapter.
The building official, or other such authority, violating the terms of this section shall be guilty of a Class 3
misdemeanor.
B. Any contractor applying for or renewing a business license in any locality in accordance with Chapter 37 (§ 58.1-
3700 et seq.) of Title 58.1 shall furnish prior to the issuance or renewal of such license either (i) satisfactory proof that
he is duly licensed or certified under the terms of this chapter or (ii) a written statement, supported by an affidavit,
that he is not subject to licensure or certification as a contractor or subcontractor pursuant to this chapter.
No locality shall issue or renew or allow the issuance or renewal of such license unless the contractor has furnished
his license or certificate number issued pursuant to this chapter or evidence of being exempt from the provisions of
this chapter.
§ 54.1-1112. Invitations to bid and specifications to refer to law.
All architects and engineers preparing plans and specifications for work to be contracted in Virginia shall include in
their invitations to the bidder and in their specifications a reference to this chapter so as to convey to the invited
bidder prior to the consideration of the bid (i) whether such person is a resident or nonresident of the Commonwealth,
(ii) whether the proper license or certificate has been issued to the bidder, and (iii) the information required of the
bidder to show evidence of proper licensure or certification under the provisions of this chapter.
52
§ 54.1-1113. Nonresident bidders to appoint statutory agent for service of process.
Before any nonresident person or any foreign corporation bids on any work in this Commonwealth, the nonresident
person or foreign corporation, by written power of attorney, shall appoint the Director as his agent upon whom all
lawful process against or notice to such nonresident person or foreign corporation may be served, and authorize the
Director to enter an appearance on his behalf. Upon the filing of the power of attorney the provisions of §§ 13.1-763
through 13.1-766, with reference to service of process and notice, and judgments, decrees and orders, shall be
applicable as to such nonresident person or foreign corporation.
§ 54.1-1114. Filing and hearing of charges.
Any person may file complaints against any contractor licensed or certified pursuant to this chapter. The Director
shall investigate complaints and the Board may take appropriate disciplinary action if warranted. Disciplinary
proceedings shall be conducted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The Board
shall immediately notify the Director and the clerk and building official of each city, county or town in the
Commonwealth of its findings in the case of the revocation of a license or certificate, or of the reissuance of a
revoked license or certificate.
§ 54.1-1115. Prohibited acts.
A. The following acts are prohibited and shall constitute the commission of a Class 1 misdemeanor:
1. Contracting for, or bidding upon the construction, removal, repair or improvements to or upon real property owned,
controlled or leased by another person without a license or certificate, or without the proper class of license as
defined in § 54.1-1100 for the value of work to be performed.
2. Attempting to practice contracting in the Commonwealth, except as provided for in this chapter.
3. Presenting or attempting to use the license or certificate of another.
4. Giving false or forged evidence of any kind to the Board or any member thereof in an application for the issuance
or renewal of a license or certificate.
5. Impersonating another or using an expired or revoked license or certificate.
6. Receiving or considering as the awarding authority a bid from anyone whom the awarding authority knows is not
properly licensed or certified under this chapter. The awarding authority shall require a bidder to submit his license or
certificate number prior to considering a bid.
B. Any person who undertakes work without (i) any valid Virginia contractor's license or certificate when a license or
certificate is required by this chapter or (ii) the proper class of license as defined in § 54.1-1100 for the work
undertaken, shall be fined an amount not to exceed $500 per day for each day that such person is in violation, in
addition to the authorized penalties for the commission of a Class 1 misdemeanor. Any violation of clause (i) of this
subsection shall also constitute a prohibited practice in accordance with § 59.1-200, provided that the violation
involves a consumer transaction as defined in the Virginia Consumer Protection Act (§ 59.1-196 et seq.), and shall be
subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act.
C. A construction contract entered into by a person undertaking work without a valid Virginia contractor's license shall
not be enforceable by the unlicensed contractor undertaking the work unless the unlicensed contractor (i) gives
53
substantial performance within the terms of the contract in good faith and (ii) did not have actual knowledge that a
license or certificate was required by this chapter to perform the work for which he seeks to recover payment.
Failure to renew a license or certificate issued in accordance with this chapter shall create a rebuttable presumption
of actual knowledge of such licensing or certification requirements.
§ 54.1-1115.01. Responsibility for contracting with persons lacking the proper credential.
Any contractor that directly employs or otherwise contracts with a person who is not credentialed by the Board for
work requiring a credential under this chapter shall be solely responsible for any monetary penalty or other sanction
resulting from the act of employing or contracting with a person who lacks the proper credential based upon such
person's failure to obtain or maintain the required credential.
§ 54.1-1115.1. Evidence of violation of the Virginia Uniform Statewide Building Code.
In any proceeding pursuant to § 54.1-1114, the Board shall consider any written documentation of a violation of the
Uniform Statewide Building Code (§ 36-97 et seq.) provided by a local building official as evidence of a violation of
such building code. Such written documentation shall not be prima facie evidence of a building code violation.
§ 54.1-1117. Licensing of certain contractors by localities; qualifications and procedure; registration of
certain persons engaged in business of home improvement; civil penalty.
A. Except as to contractors currently licensed under the provisions of § 54.1-1106, any locality shall have the power
and authority to adopt ordinances, not inconsistent with the provisions of this chapter, requiring every person who
engages in, or offers to engage in, the business of home improvement or the business of constructing single-family or
multi-family dwellings, in such locality, to obtain a license from such locality.
B. The locality adopting ordinances pursuant to this section may require every applicant for such license, other than
those currently licensed under the provisions of § 54.1-1106, (i) to furnish evidence of his ability and proficiency; and
(ii) to successfully complete an examination to determine his qualifications. The locality may designate or establish
an agent or board and establish the procedures for an examination according to the standards set forth in this
chapter and in the regulations of the Board for Contractors. Except contractors currently licensed under the
provisions of § 54.1-1106, licensure may be refused to any person found not to be qualified. Persons not currently
licensed pursuant to § 54.1-1106 may be required to furnish bond in a reasonable penal sum, with reasonable
condition, and with surety as the governing body deems necessary. The governing body may provide for the
punishment of violations of such ordinances, provided that no such punishment shall exceed that provided for
misdemeanors generally.
C. A locality may by ordinance establish a civil penalty that may be assessed when a person or business falsely
represents to a customer or prospective customer that such person or business has a valid contractor's license
issued pursuant to the provisions of § 54.1-1106. Such civil penalty shall not exceed $2,500.
D. For the purpose of this section the business of home improvement shall mean the contracting for and/or providing
labor and material or labor only for repairs, improvements, and additions to residential buildings or structures
accessory thereto where any payment of money or other thing of value is required.
54
Article 2.
Virginia Contractor Transaction Recovery Fund
§ 54.1-1118. Definitions.
As used in this article, unless the context requires a different meaning:
"Act" means the Virginia Contractor Transaction Recovery Act.
"Biennium" means a two-year period beginning on July 1 of an even-numbered year and continuing through June 30
of the next even-numbered year.
"Claimant" means any person with an unsatisfied judgment involving residential construction against a regulant, who
has filed a verified claim under this Act.
"Fund" means the Virginia Contractor Transaction Recovery Fund.
"Improper or dishonest conduct" includes only the wrongful taking or conversion of money, property or other things of
value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued
incompetence, or intentional violation of the Uniform Statewide Building Code (§ 36-97 et seq.). The term "improper
or dishonest conduct" does not include mere breach of contract.
"Judgment" includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in
bankruptcy to be a "Debt Nondischargeable in Bankruptcy," (ii) extinguishing a claim against a regulant who is in
bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any
such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in
bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. An order of
dismissal shall not be considered a judgment.
"Regulant" means any individual, person, firm, corporation, association, partnership, joint venture or any other legal
entity licensed by the Board for Contractors. "Regulant" shall not include contractors holding only the commercial
building contractor classification or individuals licensed or certified in accordance with Article 3 (§ 54.1-1128 et seq.)
or Article 4 (§ 54.1-1140 et seq.).
"Verified claim" means a completed application, on a form designed by the Board, the truthfulness of which has been
attested to by the claimant before a notary public, along with all required supporting documentation, that has been
properly received by the Department in accordance with this chapter.
§ 54.1-1119. Assessments by Director; assignment to Fund; minimum balance; notice; penalties; costs of
administration.
A. Each initial regulant, at the time of application, shall be assessed twenty-five dollars, which shall be specifically
assigned to the Fund. Initial payments may be incorporated in any application fee payment and transferred to the
Fund by the Director within thirty days.
All assessments, except initial assessments, for the Fund shall be deposited within three work days after their receipt
by the Director, in one or more federally insured banks, savings and loan associations or savings banks located in
the Commonwealth. Funds deposited in banks, savings institutions or savings banks, to the extent in excess of
insurance afforded by the Federal Deposit Insurance Corporation or other federal insurance agency, shall be secured
55
under the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). The deposit of these funds in federally
insured banks, savings and loan associations or savings banks located in the Commonwealth shall not be considered
investment of such funds for purposes of this section. Funds maintained by the Director may be invested in securities
that are legal investments for fiduciaries under the provisions of § 64.2-1502.
B. The minimum balance of the Fund shall be $400,000. Whenever the Director determines that the balance of the
Fund is or will be less than this minimum balance, the Director shall immediately inform the Board, which shall
assess each regulant at the time of his license renewal a sum sufficient to bring the balance of the Fund to an
amount of not less than $400,000, when combined with similar assessments of other regulants. No regulant shall be
assessed a total amount of more than fifty dollars during any biennium.
Notice to regulants of these assessments shall be by first-class mail, and payment of such assessments shall be
made by first-class mail addressed to the Director within forty-five days after the mailing of the notice to regulants.
C. If any regulant fails to remit the required assessment mailed in accordance with subsection B within forty-five days
of such mailing, the Director shall notify such regulant by first-class mail at the latest address of record filed with the
Board. If no payment has been received by the Director within thirty days after mailing the second notice, the license
of the regulant shall be automatically suspended and shall be restored only upon the actual receipt by the Director of
the delinquent assessment.
Interest earned on the deposits constituting the Fund shall be used for administering the Fund. The remainder of this
interest may be used for the purposes of providing educational programs about the Uniform Statewide Building Code
(§ 36-97 et seq.), for providing education on subjects of benefit to licensees or members of the public relating to
contracting, or shall accrue to the Fund.
§ 54.1-1120. Recovery from Fund generally.
A. The claimant shall be (i) an individual whose contract with the regulant involved contracting for the claimant's
residence located in the Commonwealth or (ii) a property owners' association as defined in § 55.1-1800 whose
contract with the regulant involved contracting for improvements to the common areas owned by the association.
The claimant shall not himself be (a) an employee of such judgment debtor, (b) a vendor of such judgment debtor, (c)
another licensee, (d) the spouse or child of such judgment debtor or the employee of such spouse or child, or (e) a
financial or lending institution or any person whose business involves the construction or development of real
property.
B. Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia
against any individual or entity which involves improper or dishonest conduct occurring (i) during a period when such
individual or entity was a regulant and (ii) in connection with a transaction involving contracting, the claimant may file
a verified claim with the Director to obtain a directive ordering payment from the Fund of the amount unpaid upon the
judgment, subject to the following conditions:
1. If any action is instituted against a regulant by any person, such person shall serve a copy of the complaint upon
the Board by certified mail or the equivalent.
2. A copy of any pleading or document filed subsequent to the initial service of process in the action against a
regulant shall be provided to the Board. The claimant shall submit such copies to the Board by certified mail, or the
equivalent, upon his receipt of the pleading or document.
56
3. A verified claim shall be filed with the Director no later than 12 months after the date of entry of the final judgment
from which no further right of appeal exists.
4. Prior to submitting the verified claim, the claimant shall:
a. Conduct or make a reasonable attempt to conduct debtor's interrogatories to determine whether the judgment
debtor has any assets that may be sold or applied in whole or partial satisfaction of the judgment; and
b. Take all legally available actions for the sale or application of any assets disclosed in the debtor's interrogatories.
c. If the regulant has filed bankruptcy, the claimant shall file a claim with the proper bankruptcy court. If no distribution
is made, or the distribution ordered fails to satisfy the claim, the claimant may then file a claim with the Board. The
verified claim shall be received by the Board within 12 months of the date of bankruptcy discharge or dismissal. In the
event the judgment is silent as to the conduct of the regulant, the Board shall determine (i) whether the conduct of the
regulant that gave rise to the claim was improper or dishonest and (ii) what amount, if any, such claimant is entitled to
recover from the Fund.
§ 54.1-1120.1. Recovery on bond.
A. If a contractor who elected continuous bonding under § 54.1-1106 or 54.1-1108 fails to satisfy a judgment
awarded by a court of competent jurisdiction for improper or dishonest conduct, the judgment creditor shall have a
claim against the surety bond for such damages. In order to recover the amount of any unpaid judgment, up to but
not exceeding the maximum liability as set forth in § 54.1-1106 or 54.1-1108, the judgment creditor shall meet the
eligibility requirements of subsection A of § 54.1-1120 and bring suit directly on the surety bond no later than 12
months after the judgment becomes final.
B. The liability of such surety shall be limited to actual monetary loss, court costs, and attorney fees assessed against
the contractor as part of the underlying judgment. The liability of such surety shall not include any sums representing
interest or punitive damages assessed against the contractor.
C. The surety company shall notify the Board when a claim is made against a contractor's bond, when a claim is
paid, and when the bond is cancelled. Such notification shall include the amount of claim and the circumstances
surrounding the claim. Notification of cancellation shall include the effective date and reason for cancellation. The
bond may be cancelled as to future liability by the contractor's surety upon 30 days' notice to the Board.
§ 54.1-1121. Investigations.
Upon receipt of the notice of proceedings against the regulant, the Department may cause its own investigation to be
conducted pursuant to § 54.1-306.
§ 54.1-1122. Consideration of applications for payment.
A. The claimant shall submit the following supporting documentation with the claim:
1. Copies of the contract with the regulant and all written change orders to the contract. If no written contract between
the regulant and the claimant is available, the claimant may submit an affidavit attesting to the terms of the
agreement, promise, or other contractual obligation;
2. All pleadings or other documents filed with the court from which judgment was obtained;
57
3. All orders and opinions of the court from which judgment was obtained, including the final judgment order;
4. The transcript of the debtor's interrogatories, if conducted, or if no transcript is available, a sworn affidavit affirming
that debtor's interrogatories were conducted, or evidence that debtor's interrogatories were attempted if not
conducted; a description of assets of the judgment debtor disclosed in the debtor's interrogatories; and a description
of all steps taken for the sale or application of those disclosed assets in whole or partial satisfaction of the judgment,
or a statement why no means are legally available for the sale or application of those disclosed assets, or a
statement that the value of the disclosed assets is less than the cost of levying upon and selling such assets
including reasonable estimates of the fair market value of the disclosed assets and costs of levying upon selling such
assets;
5. A statement of the balance of the judgment remaining unpaid at the time the claim is submitted to the Department,
and a statement that the claimant agrees to notify the Department of any additional payment that may be received in
whole or partial satisfaction of the judgment during the pendency of the claim before the Board; and
6. Any other documentary evidence or exhibits the claimant wishes the Board to consider with the claim.
B. The Department shall promptly consider the verified claim of the claimant administratively. If the claim form is
incomplete or not properly notarized, or if all required supporting documentation is not included with the claim, then
the Department may provide the claimant with notice of any deficiency and an additional opportunity to submit a
corrected verified claim. The burden shall be on the claimant to comply with all claim requirements and to submit the
necessary documentation within 12 months of the initial claim submission. Once the Department confirms that the
verified claim is complete, it shall present such verified claim, along with a recommendation regarding payment, to
the Board for the Board's consideration and shall notify the claimant of the Board's recommendation.
C. The Department's and Board's consideration of the claim shall be based solely on the contents of the verified
claim. Neither an informal fact-finding conference pursuant to § 2.2-4019 nor a formal hearing pursuant to § 2.2-4020
shall be required, unless requested by the claimant.
D. A claimant shall not be denied recovery from the Fund due to the fact that order for judgment filed with the verified
claim does not contain a specific finding of "improper or dishonest conduct." Any language in the order that supports
the conclusion that the court found that the conduct of the regulant meets the definition of "improper or dishonest
conduct" in § 54.1-1118 shall be used by the Board to determine eligibility for recovery from the Fund. To the extent
the judgment order is silent as to the court's findings on the conduct of the regulant, the Board may determine
whether the conduct of the regulant meets the definition of improper or dishonest conduct by substantial evidence in
the verified claim.
E. If the Board finds there has been compliance with the required conditions, the Board shall issue a directive
ordering payment from the fund to the claimant the amount remaining unpaid on the judgment, subject to the
limitations set forth in § 54.1-1123. The claimant shall be notified in writing of the findings of the Board. The Board's
findings shall be considered a "case decision" and judicial review of these findings shall be in accordance with § 2.2-
4025 of the Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding any other provision of law, the Board
shall have the right to appeal a decision of any court which is contrary to any distribution recommended or authorized
by it.
58
§ 54.1-1123. Limitations upon recovery from Fund; certain actions not a bar to recovery.
A. The maximum claim of one claimant against the Fund based upon an unpaid judgment arising out of the improper
or dishonest conduct of one regulant in connection with a single transaction involving contracting is limited to
$20,000, including any amount paid from a contractor's surety bond under § 54.1-1120.1, regardless of the amount of
the unpaid judgment of the claimant.
B. The aggregate of claims against the Fund based upon unpaid judgments arising out of the improper or dishonest
conduct of any one regulant involving contracting, is limited by the Board to $40,000 during any biennium. If a claim
has been made against the Fund, and the Board has reason to believe there may be additional claims against the
Fund from other transactions involving the same regulant, the Board may withhold any payment(s) from the Fund
involving such regulant for a period of not more than one year from the date on which the claimant is awarded in a
court of competent jurisdiction in the Commonwealth the final judgment on which his claim against the Fund is based.
After this one-year period, if the aggregate of claims against the regulant exceeds $40,000, during a biennium,
$40,000 shall be prorated by the Board among the claimants and paid from the Fund, less the amount of any
applicable contractor's bond, in proportion to the amounts of their judgments against the regulant remaining unpaid.
Claims shall be prorated only after any applicable contractor's bond has been exhausted.
C. Excluded from the amount of any unpaid judgment upon which a claim against the Fund is based shall be any
sums representing interest, or punitive damages, or any amounts that do not constitute actual monetary loss to the
claimants. Such claim against the Fund may include court costs and attorney fees.
D. If, at any time, the amount of the Fund is insufficient to fully satisfy any claims or claim filed with the Board and
authorized by this Act, the Board shall pay such claims, claim, or portion thereof to the claimants in the order that the
claims were filed with the Board.
E. Failure of a claimant to comply with the provisions of subdivisions B 1 and 2 and subsection C of § 54.1-1120 and
the provisions of § 54.1-1124 shall not be a bar to recovery under this Act if the claimant is otherwise entitled to such
recovery.
F. The Board shall have the authority to deny any claim which otherwise appears to meet the requirements of the Act
if it finds by clear and convincing evidence that the claimant has presented false information or engaged in collusion
to circumvent any of the requirements of the Act.
§ 54.1-1124. Participation by Board or Director in proceeding.
Upon service of the complaint as provided in subdivision B 1 of § 54.1-1120, the Board, the Director, or duly
authorized representatives of the Board shall then have the right to request leave of court to intervene.
§ 54.1-1125. Assignment of claimant's rights to Board; payment of claim.
A. Subject to the provisions of § 54.1-1123 upon the claimant's execution and delivery to the Director of an
assignment to the Board of his rights against the regulant, to the extent he received satisfaction from the Fund, the
Director shall pay the claimant from the Fund the amount ordered by the Board.
B. The Board may consider any amount owed to the Board for repayment of the Fund by an applicant for a license
under this chapter when determining whether to grant such license.
59
§ 54.1-1127. No waiver by Board of disciplinary action against regulant.
This article shall not limit the authority of the Board to take disciplinary action against any regulant for any violation of
this title or the regulations of the Board. Full repayment of the amount paid from the Fund on a regulant's account
shall not nullify or modify the effect of any disciplinary proceeding against that regulant for any violation.
60
Article 3.
Tradesmen, Backflow Prevention Device Workers, and Liquefied Petroleum Gas Fitters.
§ 54.1-1128. Definitions.
"Backflow prevention device worker" means any individual who engages in, or offers to engage in, the maintenance,
repair, testing, or periodic inspection of cross connection control devices, including but not limited to reduced
pressure principle backflow preventors, double check-valve assemblies, double-detector check-valve assemblies,
pressure type vacuum breaker assemblies, and other such devices designed, installed, and maintained in such a
manner so as to prevent the contamination of the potable water supply by the introduction of nonpotable liquids,
solids, or gases, thus ensuring that the potable water supply remains unaltered and free from impurities, odor,
discoloration, bacteria, and other contaminants which would make the potable water supply unfit or unsafe for
consumption and use.
"Board" means the Board for Contractors.
"Liquefied petroleum gas fitter" means any individual who engages in, or offers to engage in, work for the general
public for compensation in work that includes the installation, repair, improvement, alterations or removal of piping,
liquefied petroleum gas tanks and appliances (excluding hot water heaters, boilers and central heating systems
which require a heating, ventilation and air conditioning or plumbing certification) annexed to real property.
"Natural gas fitter provider" means any individual who engages in or offers to engage in work for the general public
for compensation in the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property,
excluding new installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas
equipment which requires heating, ventilation and air conditioning or plumbing certification.
"Tradesman" means any individual who engages in, or offers to engage in, work for the general public for
compensation in the trades of electrical, plumbing and heating, ventilation and air conditioning.
"Water well systems provider" means any individual who is certified by the Board in accordance with this article and
who is engaged in drilling, installation, maintenance, or repair of water wells, water well pumps, ground source heat
exchangers, and other equipment associated with the construction, removal, or repair of water wells, water well
systems, and ground source heat pump exchangers to the point of connection to the ground source heat pump.
§ 54.1-1129. Necessity for licensure.
A. Beginning July 1, 1995, no individual shall engage in, or offer to engage in, work as a tradesman as defined in §
54.1-1128 unless he has been licensed under the provisions of this article. Individuals shall not be subject to
licensure as a tradesman when working under the supervision of a tradesman who is licensed in the specialty for
which work is being performed. Individuals holding a license in one specialty shall not be required to have a
tradesman license in another specialty when performing work which is incidental to work being performed under their
own specialty license.
B. Beginning July 1, 1998, no individual shall present himself as a certified backflow prevention device worker as
defined in § 54.1-1128 unless he has been certified under the provisions of this article. Individuals certified as
backflow prevention device workers shall not be required to hold any other professional or occupational license or
certification; however, nothing in this subsection shall prohibit an individual from holding more than one professional
or occupational license or certification. The certification program set forth in this article concerning backflow
61
prevention device workers shall be voluntary and shall not be construed to prevent or affect the practice of backflow
prevention device workers by those not certified by the Board, so long as any requirements of the applicable local
governing body's programs relating to backflow prevention device workers are met. All local governing bodies shall
accept certification by the Board of backflow prevention device workers as proof of experience and training without
requiring additional examination.
C. Beginning one year after the effective date of the Board's final regulations, no individual shall engage in, or offer to
engage in, work as a liquefied petroleum gas fitter or natural gas fitter provider as defined in § 54.1-1128 unless he
has been licensed under the provisions of this article.
D. Beginning July 1, 2007, no individual shall engage in the drilling, installation, maintenance, or repair of a water well
or water well system unless a certified water well systems provider is onsite at all times. Until June 30, 2012, any
level of certification shall satisfy this requirement. Beginning July 1, 2012, only a certified individual shall engage in
the drilling, installation, maintenance, or repair of a water well or water well system and a then certified master water
well systems provider shall be available at all times. Nothing in this subsection shall be construed to prohibit licensed
plumbing tradesman from (i) completing work contained in the applicable plumbing code, or (ii) performing normal
maintenance and repair on large-diameter bored or hand-dug water table wells provided such wells are 100 feet or
less in depth and the work is being performed for an entity granted tax-exempt status under § 501(c)(3) of the
Internal Revenue Code.
§ 54.1-1129.1. Certification of water well systems providers; continuing education.
A. The Board shall establish three levels of certification as follows: (i) trainee, which shall require proof of at least one
year of full-time practical experience in the drilling, installation, maintenance, or repair of water wells or water well
systems under the supervision of a certified master water well systems provider; (ii) journeyman, which shall require
proof of at least three years of practical experience in the drilling, installation, maintenance, or repair of water wells or
water well systems under the supervision of a certified master water well systems provider; and (iii) master, which
shall require proof of at least six years of practical experience in the drilling, installation, maintenance, or repair of
water wells or water well systems, under the supervision of a certified master water well systems provider.
B. A certified water well systems provider, as a condition of renewal or reinstatement and as part of the renewal or
reinstatement application, shall certify to the Board that the applicant has completed at least eight hours of continuing
education, approved by the Board, in the specialty of technical aspects of water well construction, applicable
statutory and regulatory provisions, and business practices related to water well construction. The Board may
establish requirements for approval of training instructors, criteria for continuing education, and other regulations it
deems necessary to protect the public health, safety or welfare. In addition, the Board may require continuing
education for renewal or reinstatement for any individual found to be in violation of the statutes or regulations
governing the licensing or certification of water well system providers.
§ 54.1-1130. Application for licensure; fees; examinations; issuance; waiver of examination for water well
systems providers.
A. Any individual desiring to be licensed as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider, or
certified as a backflow prevention device worker or water well systems provider shall file a written application on a
form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-
201. The application shall contain, at a minimum, the applicant's name, place of employment, and business address;
and information on the knowledge, skills, abilities and education or training of the applicant.
62
If the application is satisfactory to the Board, the applicant shall be required by Board regulations to take an oral or
written examination to determine his general knowledge of the trade in which he desires licensure or of backflow
prevention devices if he desires voluntary certification unless he is exempt pursuant to § 54.1-1131. If the applicant
successfully completes the examination, a license as a tradesman, liquefied petroleum gas fitter, or natural gas fitter
provider, or a certificate as a backflow prevention device worker, shall be issued.
B. The Board shall require an applicant for certification as a water well systems provider, unless otherwise exempt, to
take an oral or written examination to determine the applicant's general knowledge of water well systems, including
relevant statutory and regulatory requirements. If the applicant successfully completes a required examination, a
certificate shall be issued.
Notwithstanding any other provision of this section, unless an applicant is found by the Board to have engaged in any
act that would constitute grounds for disciplinary action, the Board shall issue a certificate without examination to any
applicant who provides satisfactory proof to the Board of having been actively and continuously engaged in water
well construction activities immediately prior to July 1, 2007, as follows: (i) at least one year for trainee certification;
(ii) at least three years for journeyman certification; and (iii) at least six years for master certification. This subsection
shall apply only to individuals who have been employed by a properly licensed water well contractor during such
period of active and continuous engagement in water well construction activities.
§ 54.1-1131. Exemptions.
A. An individual certified or licensed by any one of the following agencies shall not be required to fulfill the
examination requirement specified in § 54.1-1130 for a tradesman license:
1. The Board of Housing and Community Development prior to July 1, 1995.
2. Any local governing body prior to July 1, 1978.
3. An apprenticeship program which is approved by the Commissioner of Labor and Industry.
Individuals applying for a tradesman license between July 1, 1995, and July 1, 1998, shall be deemed to have fulfilled
the examination requirement if they are able to demonstrate that they have the required number of years of
discipline-free experience set forth in Board regulations.
B. Upon satisfactory evidence to the Board, the following individuals shall not be required to fulfill the examination
requirement specified in § 54.1-1130 to be certified as a backflow prevention device worker or licensed as a liquefied
petroleum gas fitter:
1. Individuals approved, or recognized as having expertise, by a local governing body prior to July 1, 1998, to perform
backflow prevention device work;
2. Individuals applying for certification as a backflow prevention device worker between July 1, 1998 and July 1,
1999, who are able to demonstrate that they have the required number of years of discipline-free experience and
education or training set forth in Board regulations; or
3. Individuals applying for licensure as a liquefied petroleum gas fitter within one year of the effective date of the
Board's final regulations, who are able to demonstrate that they have at least five years' experience as a liquefied
petroleum gas fitter.
63
C. The provisions of this article shall not apply to any individual who is performing work on (i) any ship, boat, barge or
other floating vessel or (ii) a single-family residence where the value of the work performed is less than $250 and
such individual does not hold himself out to the general public as a tradesman.
D. Individuals applying for a natural gas fitter provider license within one year of the effective date of the Board's final
regulations, shall be deemed to have fulfilled the examination requirement if they are able to demonstrate that they
have five years' prior experience as a natural gas fitter provider.
E. Individuals applying for a natural gas fitter provider license between July 1, 1999 and July 1, 2004, shall be
deemed to have fulfilled the examination requirement if they are able to demonstrate that they have at least five
years' experience in an apprenticeship capacity under the direct supervision of a gas fitter.
F. Individuals applying for licensure as a liquefied petroleum gas fitter between July 1, 2000 and July 1, 2005, shall
be deemed to have fulfilled the examination requirements if they are able to demonstrate that they have at least five
years' experience in an apprenticeship capacity under the direct supervision of a gas fitter.
§ 54.1-1132. Expiration and renewal of license or certificate.
A license as a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider, or a certificate as a backflow
prevention device worker, issued pursuant to this article shall expire as provided in Board regulations and shall
become invalid on that date unless renewed, subject to approval of the Board. A license for a tradesman shall be
valid for three years from the date of issuance. Application for renewal of any certificate or license issued pursuant to
this article shall be made as provided by Board regulations and shall be accompanied by a fee set by the Board
pursuant to § 54.1-201.
§ 54.1-1133. Continuing education.
The Board may establish in the regulations requirements for continuing education as a prerequisite to renewal of any
certificate or license issued under this article. The Board shall require evidence of knowledge of code changes as a
prerequisite to renewal of any certificate or license issued under this article. In addition, the Board may require
continuing education for any individual who is found to be in violation of the statutes or regulations governing the
practice of licensed tradesmen or certificate holders issued under this article.
§ 54.1-1134. Grounds for denial or revocation of certification or license; reports of building officials and
others.
The Board shall have the power to require remedial education and to suspend, revoke or deny renewal of the
certification or license of any individual who is found to be in violation of the statutes or regulations governing the
practice of licensed tradesmen, liquefied petroleum gas fitters or natural gas fitter providers or certified backflow
prevention device workers in the Commonwealth.
Any building official who finds that an individual is practicing as a tradesman, elevator mechanic, liquefied petroleum
gas fitter or natural gas fitter provider without a license as required by this article shall file a report to such effect with
the Board. Any water purveyor or building official who finds that an individual is practicing as a backflow prevention
device worker without a certificate, if a certificate is required by the locality in which an individual is engaging in
backflow prevention device worker activities, shall file a report to such effect with the Board.
64
Any building official who has reason to believe that (i) a tradesman, liquefied petroleum gas fitter or natural gas fitter
provider is performing incompetently as demonstrated by an egregious or repeated violation of the Uniform Statewide
Building Code (§ 36-97 et seq.) or (ii) a certified backflow prevention device worker is performing incompetently as
demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary
Engineering referenced in the plumbing code adopted by the Virginia Uniform Statewide Building Code shall file a
report to such effect with the Board. Any water purveyor who has reason to believe that a certified backflow
prevention device worker is performing incompetently as demonstrated by an egregious or repeated violation of the
standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the
Virginia Uniform Statewide Building Code shall file a report to such effect with the Board and local building official.
§ 54.1-1135. Prohibited acts.
A. Practicing or attempting to practice as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider in
the Commonwealth, except as provided for in this article, is prohibited and shall constitute the commission of a Class
1 misdemeanor.
B. No person shall represent himself as a certified backflow prevention device worker unless he has been certified by
the Board. Any person engaging or offering to engage in backflow prevention device worker activities within the
meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a
certified backflow prevention device worker without holding such a certificate from the Board shall be guilty of a Class
1 misdemeanor.
C. No person shall be entitled to assert the lack of licensure as required by this article as a defense to any action at
law or suit in equity if the party who seeks to recover from such person gives substantial performance within the
terms of the contract in good faith and without actual knowledge of the licensure requirements of this article.
D. In any locality which requires state certification to engage in backflow prevention device worker activities, no
person shall be entitled to assert a lack of certification as a defense to any action at law or suit in equity if the party
who seeks to recover from such person gives substantial performance within the terms of the contract in good faith
and without actual knowledge of the locality's certification requirements.
65
Article 4.
Certification of Elevator Mechanics
§ 54.1-1140. Definitions.
As used in this article, unless the context requires a different meaning:
"Accessibility mechanic" means an individual who is engaged in erecting, constructing, installing, altering, servicing,
repairing, testing or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds,
and private residence elevators, in accordance with the Uniform Statewide Building Code (§ 36-97 et seq.).
"Certified accessibility mechanic" means an individual who is certified by the Board in accordance with this article to
engage in work as an accessibility mechanic.
"Elevator mechanic" means an individual who is certified by the Board in accordance with this article to engage in
erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators, escalators, or related
conveyances in accordance with the Uniform Statewide Building Code.
"Limited use/limited application endorsement" means an addition to the certification record of a certified accessibility
mechanic authorizing the certificate holder to erect, construct, install, alter, service, repair, test, or maintain limited
use/limited application elevators as defined by the Uniform Statewide Building Code.
§ 54.1-1141. Certification required; exemption.
A. No person shall engage in, or offer to engage in, work as an elevator mechanic or accessibility mechanic in the
Commonwealth unless he has been certified under the provisions of this article. Individuals certified as elevator
mechanics or accessibility mechanics shall not be required to hold any other professional or occupational license or
certification; however, nothing in this subsection shall prohibit an individual from holding more than one professional
or occupational license or certification.
B. Any individual desiring to be certified as an elevator mechanic or accessibility mechanic shall file a written
application on a form prescribed by the Board. The application shall be accompanied by a fee set by the Board
pursuant to § 54.1-201. The application shall contain, at a minimum, the applicant's name, place of employment,
business address, and information on the knowledge, skills, abilities and education or training of the applicant.
C. Accessibility mechanics desiring to work on limited use/limited application elevators, as defined by the Uniform
Statewide Building Code, shall obtain a limited use/limited application endorsement on their certification.
D. Nothing in this article shall be construed to prevent a person who is not certified as an elevator mechanic or
accessibility mechanic from performing maintenance that is not related to the operating integrity of an elevator,
escalator, or related conveyance.
§ 54.1-1142. Issuance of certification; emergency certification.
A. The Board shall issue a certificate to practice as an elevator mechanic or certified accessibility mechanic in the
Commonwealth to any applicant who has submitted satisfactory evidence that he has successfully:
66
1. Completed the educational requirements as required by the Board, which shall at a minimum include such
requirements as the Board determines will establish minimum competency on the part of the applicant;
2. Completed the experience requirements as required by the Board, which shall at a minimum consist of at least
three years in the elevator industry; and
3. Passed an examination offered or approved by the Board.
B. The Board may issue a certificate to practice as an elevator mechanic or a certified accessibility mechanic to any
applicant who has completed a training and education program approved by the Board that is equal to or exceeds the
requirements established by the Board for all applicants.
§ 54.1-1142.1. Certifications in event of declared emergency.
A. Whenever the Governor declares a state of emergency in accordance with § 44-146.17 or in the event of a work
stoppage by elevator mechanics and the Board determines that the number of elevator mechanics is insufficient to
meet the demands of the emergency or work stoppage, the Board shall issue an emergency certificate to practice as
an elevator mechanic under the following conditions:
1. A contractor licensed under the provisions of this chapter (a) attests to the Board, in a form prescribed by the
Board, that an applicant has an acceptable combination of documented experience and education to perform work as
an elevator mechanic without direct and immediate supervision of an elevator mechanic and (b) provides such proof
thereof as required by the Board; and
2. The applicant attested to the Board by the licensed contractor applies to the Board for emergency certification as
an elevator mechanic.
As used in this subsection, "direct and immediate supervision" means proper supervision but does not include line of
sight supervision.
B. Each such certification shall be valid for a period of 45 days from the date of issuance and for such geographic
areas or such elevators, escalators, or related conveyances as the Board may designate. Such certification shall
entitle the certificate holder to engage in work as an elevator mechanic. The Board shall renew such certification as
often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the demands of the
emergency. No fee shall be charged for application for such certification or any renewal thereof.
C. The Board may delegate to the Director of the Department the authority to issue such emergency certifications.
The Director shall inform the Board of the issuance of any certifications.
§ 54.1-1142.2. Certifications in event of shortage of elevator mechanics.
A. Whenever a contractor licensed under the provisions of this chapter demonstrates to the satisfaction of the Board
that there is a shortage of elevator mechanics, the Board shall issue temporary certifications under the following
conditions:
1. The licensed contractor attests to the Board, in a form prescribed by the Board, that after due diligence, the
licensed contractor is unable to find an elevator mechanic from the list of elevator mechanics maintained by the
Board to perform elevator work;
67
2. The applicant has an acceptable combination of documented experience and education to perform work as an
elevator mechanic without direct and immediate supervision of an elevator mechanic and provides such proof thereof
as required by the Board;
3. The applicant applies for such temporary certification as an elevator mechanic; and
4. The applicant pays an application fee as set by the Board.
As used in this subsection, "direct and immediate supervision" means proper supervision but does not include line of
sight supervision.
B. Each such temporary certification shall be valid for a period of up to 45 days from the date of issuance, provided
the applicant continues at all times to be employed by the licensed contractor. The Board shall renew such
certification as often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the
shortage.
C. The Board may delegate to the Director of the Department the authority to issue such temporary certifications or
renewals thereof. The Director shall inform the Board of the issuance of any such certifications or renewals.
§ 54.1-1143. Continuing education.
A. The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of
any certificate issued under this article. The Board shall require evidence of knowledge of the Uniform Statewide
Building Code changes as a prerequisite to renewal of any certificate issued under this article. In addition, the Board
may require continuing education for any individual who is found to be in violation of law or regulations governing the
practice of an elevator mechanic certified under this article.
B. An elevator mechanic or a certified accessibility mechanic, as a condition of recertification and as part of the
recertification application, shall attest to the Board that he has completed at least eight hours of continuing education,
approved by the Board, in the specialty of elevator/escalator contracting. The Board may establish such requirements
for approval of training instructors, the criteria for the continuing education and such other regulations to ensure the
protection of the public interest. Such criteria shall include approval of curriculum sponsored by national or state
professional elevator industry associations approved by the Board.
C. The provisions of this section shall not apply to certifications issued by the Board under § 54.1-1142.1 or 54.1-
1142.2.
68
Article 5.
Residential Building Energy Analysts
§ 54.1-1144. Definitions.
As used in this article, unless the context requires a different meaning:
"Accredited residential building energy analyst training program" means a training program that has been approved
by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure
energy efficiency, conduct energy modeling, prepare a residential building energy analysis report, and provide
recommendations for improvements with return on investment or third-party verification for nationally accredited
energy efficiency programs.
"Licensed residential building energy analyst" means an individual who has successfully completed an accredited
residential building energy analyst training program or meets the criteria of experience required by this article and
regulations of the Board and who has been licensed by the Board.
"Residential building energy analysis" means (i) an inspection, investigation, or survey of a dwelling or other structure
to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics,
appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy
consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances,
water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential
building energy analyst.
§ 54.1-1145. License required.
A. No person shall engage in, or offer to engage in, work as a residential building energy analyst in the
Commonwealth unless he has been licensed under the provisions of this article.
B. The Board may issue a license to perform residential building energy analysis in the Commonwealth to any
applicant who has submitted satisfactory evidence that he has successfully:
1. Completed an accredited residential building energy analyst training program;
2. Completed at least five residential building energy analyses under the supervision of a licensed residential building
energy analyst;
3. Remains in good standing with any certifying organization approved by the Board, provided that the requirements
for the applicant's class of membership in such association are equal to or exceed the requirements established by
the Board for all applicants;
4. Maintains the necessary insurance coverage as determined by the Board; and
5. Demonstrates the financial capability, as determined by the Board, to perform residential building energy analysis.
C. Individuals applying for a license as a residential building energy analyst between July 1, 2011, and July 1, 2012,
who submit satisfactory evidence to the Board of having been actively and continuously engaged in residential
69
building energy analysis for the immediately preceding three years shall be licensed by the Board, unless an
applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action.
§ 54.1-1146. Additional powers of the Board.
The Board shall adopt regulations necessary to establish procedures and requirements for the (i) approval of
accredited residential building energy analyst training programs, (ii) licensing of individuals and firms to engage in
residential building energy analysis, and (iii) establishment of standards for performing residential building energy
analysis consistent with the U.S. Environmental Protection Agency guidelines and recognized by the Energy Star
Program.
70
Article 6.
Certification of Automatic Fire Sprinkler Inspectors
§ 54.1-1147. Certified automatic fire sprinkler inspector.
A. No person may perform or offer to perform inspections of automatic fire sprinkler systems in the Commonwealth
unless he is certified under the provisions of this section.
B. The Board shall certify as an automatic fire sprinkler inspector any person who receives (i) a Level II or higher
Inspection and Testing of Water-Based Systems certificate issued through the National Institute for Certification in
Engineering Technologies or (ii) a substantially similar certification from a nationally recognized training program
approved by the Board. The Board may suspend or revoke certification as an automatic fire sprinkler inspector for
any person that does not maintain a certification required under this subsection.
C. Notwithstanding the provisions of subsection A, a person lacking certification under this section but participating in
a training or apprenticeship program may perform automatic fire sprinkler inspections so long as (i) such person is
accompanied by a certified automatic fire sprinkler inspector and (ii) any required inspection forms are signed by the
certified automatic fire sprinkler inspector.
D. This section shall not apply to building officials and technical assistants enforcing the Uniform Statewide Building
Code (§ 36-97 et seq.) or fire officials and technical assistants enforcing the Virginia Statewide Fire Prevention Code
Act (§ 27-94 et seq.).
§ 54.1-1148. Continuing Education.
The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of a
certificate issued under this article. The Board shall require evidence of knowledge of changes to the Virginia
Statewide Fire Prevention Code as a prerequisite to renewal of any certificate issued under this article. In addition,
the Board may require continuing education for any individual who is found to be in violation of law or regulations
governing automatic fire sprinkler inspectors certified under this article.
71
RBC-9.1(12/01/2014)
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION
STATEMENT OF CONSUMER PROTECTIONS
THIS CONSUMER INFORMATION SHEET IS PROVIDED
THROUGH THE BOARD FOR CONTRACTORS AND MAY
BE REPRODUCED BUT NOT ALTERED
If you are about to engage the services of a contractor in the Commonwealth of Virginia, you should be aware of the state's
program for the regulation of this occupation by licensing or certifying these businesses.
Any contractor who undertakes a project the total value of which is $120,000 or more is required to have a valid Class A
license issued by the Board for Contractors. Any contractor who undertakes a project the total value of which is over
$10,000 but less than $120,000 must have a valid Class B license. A licensed contractor has met standards established by
the Board for Contractors to ensure that the licensee possesses the character, knowledge, and skills necessary to practice
without harm to the public.
Any contractor who undertakes a project the total value of which is more than $1,000 but no more than $10,000 is required
to have a valid Class C license. Class C licensure requires that the contractor submit information to the Board for
Contractors concerning the location, nature, and operation of the business, as well as evidence of experience and
information on the applicant's credit history.
Before signing any contract, you should ask to see the license or the pocket card issued with the license number and check
to be sure that it has not expired and that the contractor is working within the limits of his licensure.
The authority of the Board for Contractors to discipline the licensed contractors is limited to specific violations of the law
and/or regulations of the board, such as written citations from the local Building Inspectors for violations of the Virginia
Uniform Statewide Building Code or practices which constitute abandonment, gross negligence, continued incompetence,
or misconduct in the practice of the profession. In such cases disciplinary action by the board is limited to fines and/or
remedial education, revocation or suspension of the contractor's license and placing the licensee on probation. Such action
can only be taken after a hearing or with the consent of the license holder and his agreement to waive his right to a hearing.
The board does not have the authority to order a license holder to make restitution to you for losses you may have incurred
due to the contractor's poor performance; efforts to recover such funds must be made through the civil courts. If you are
planning to take such action against the contractor, you should contact the Board for Contractors Adjudication Section at
(804) 367-1559 in order to receive information about the Virginia Contractors Transaction Recovery Fund and the
procedures for applying to recover from the fund if you are unable to collect after judgment is awarded in court.
72
Issues involving cosmetic defects in workmanship must be resolved by negotiation between you and your contractor or
civil action to enforce the terms of your contract if necessary. You should be careful in reviewing the contract before
signing it in order to be sure that the terms of the agreement are clear and acceptable to you. You should know that,
the Board for Contractors recommends that the initial down payment be no more than 10% or $1,000, whichever is less,
unless the job requires custom made items, where the initial down payment should be no more than 30% of the total value
of the contract and that, if you are dissatisfied with the work performed by the sub-contractors, you may hold the general
contractor responsible. Finally, remember that, in accordance with the Virginia Home Solicitation Sales Act (Code of
Virginia, Section 59.1-21.1 et seq.), you have a three-day right to cancel a contract which you have negotiated in your
home. (For more precise information about the application of this law, see the Code of Virginia or seek legal advice.)
Should you have reason to believe that your contractor may not have complied with the rules and regulations of the Board
for Contractors, you should notify the Department of Professional and Occupational Regulation by calling (804) 367-8504
or write to the following address:
Department of Professional and Occupational Regulation
Compliance and Investigations Division
The Perimeter Center Suite 400
9960 Mayland Drive
Richmond, Virginia 23233
The aforementioned information is not intended to be an exhaustive list of the remedies available to you through your local
government or other agencies. If you need additional assistance, call the Office of the Attorney General, Consumer
Protection Section at (800) 552-9963 or (804) 786-2042, or write to the following address:
Office of the Attorney General of Virginia
Consumer Protection Section
900 East Main Street
Richmond, Virginia 23219
NOTICE
PLEASE REFER TO FIRST PAGE OF BOOKLET FOR NOTES ON IMPORTANT CHANGES.
9960 Mayland Drive, Suite 400
Richmond, VA 23233
PRE-SORT
STANDARD
U.S. POSTAGE
PAID
Permit No. 2005