A. Section 54.1-1100 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Class A contractors"

"Class B contractors"

"Class C contractors"

"Contractor"

"Department"

"Designated employee"

"Director"

"Fire sprinkler contractor"

"Owner-developer"

"Person"

"Value"

B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, have the following meanings:

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"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 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 board, 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 and who receives an IRS Form W-2 annually.

"Helper" or "laborer" means a person who assists a regulant.

"Licensee" means a firm holding a license issued by the board to act as a contractor.

"Net worth" means assets minus liabilities. Assets do not include any property owned as tenants by the entirety or property not titled in the name of the business entity.

"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 the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"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 principals of the following:

1. Sole proprietorship;

2. General partnership;

3. Limited partnership;

4. Corporation;

5. Limited liability company;

6. Association; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"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.

"Temporary license" means a license issued by the board pursuant to § 54.1-201.1 of the Code of Virginia that authorizes a 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.

"Tenants by the entirety" means a tenancy that is created between spouses and by which together the spouses 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.

The Department of Professional and Occupational Regulation will mail send a notice of renewal to the licensee at the last known address of record. Failure to receive this notice does 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.

A. Section 54.1-1128 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Backflow prevention device worker"

"Board"

"Liquified petroleum gas fitter"

"Natural gas fitter provider"

"Tradesman"

"Water well systems provider"

B. Section 54.1-1140 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accessibility mechanic"

"Certified accessibility mechanic"

"Elevator mechanic"

"Limited use/limited application endorsement"

C. Section 54.1-1144 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited residential building energy analyst training program"

"Licensed residential building energy analyst"

"Residential building energy analysis"

D. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Backflow prevention device work" means work performed by a backflow prevention device worker for reconstruction or renewal of any part of a backflow prevention device for the purpose of returning to service a currently installed device. This does not include the removal or replacement of a defective device by the installation of a rebuilt or new device.

"Certified automatic fire sprinkler inspector" means an individual who is certified by this chapter and whose work includes the inspection of automatic fire sprinkler systems as defined in the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63).

"Department" means the Department of Professional and Occupational Regulation.

"Electrical work" consists of, but is not limited to, the following: (i) planning and layout of details for installation or modifications of electrical apparatus and controls including preparation of sketches showing location of wiring and equipment; (ii) measuring, cutting, bending, threading, assembling, and installing electrical conduits; (iii) performing maintenance on electrical systems and apparatus; (iv) observation of installed systems or apparatus to detect hazards and need for adjustments, relocation, or replacement; and (v) repairing faulty systems or apparatus.

"Electrician" means a tradesman who performs the construction, repair, maintenance, alteration, or removal of electrical systems regulated under the Virginia Uniform Statewide Building Code (13VAC5-63).

"Formal vocational training" means courses in the trade administered at an accredited educational facility; or formal training, approved by the board, conducted by trade associations, businesses, the military, correspondence schools, or other similar training organizations.

"Gas fitter" means a tradesman who performs gas fitting-related work usually within the HVAC or plumbing trades regulated under Virginia Uniform Statewide Building Code. Gas fitting-related work includes the installation, repair, improvement, or removal of industrial gas, fuel gas, gaseous hydrogen, liquefied petroleum or natural gas piping, tanks, chimneys and vents, direct vents, equipment, and appliances annexed to real property.

"HVAC tradesman" means an individual who performs the construction, repair, maintenance, alteration, or removal of HVAC systems regulated under the Virginia Uniform Statewide Building Code.

"HVAC work" means work that includes the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heating systems, boilers, process piping, backflow prevention devices, and mechanical refrigeration systems, including tanks incidental to the system.

"Incidental" means work that is necessary for that particular repair or installation and is outside the scope of practice allowed to the regulant by this chapter.

"Journeyman" means a person who possesses the necessary ability, proficiency, and qualifications to install, repair, and maintain specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code and according to plans and specifications.

"Master" means a person who possesses the necessary ability, proficiency, and qualifications to plan and lay out the details for installation and supervise the work of installing, repairing, and maintaining specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code.

"Plumber" means a tradesman who performs the construction, repair, maintenance, alteration, or removal of plumbing systems regulated under the Virginia Uniform Statewide Building Code.

"Plumbing work" means work that includes the installation, maintenance, extension, or alteration or removal of piping, fixtures, appliances, and appurtenances in connection with any of the following:

1. Backflow prevention devices;

2. Boilers;

3. Domestic sprinklers;

4. Hot water baseboard heating systems;

5. Hydronic heating systems;

6. Process piping;

7. Public or private water supply systems within or adjacent to any building, structure, or conveyance;

8. Sanitary or storm drainage facilities;

9. Steam heating systems;

10. Storage tanks incidental to the installation of related systems;

11. Venting systems; or

12. Water heaters.

These plumbing tradesmen may also install, maintain, extend, or alter the following:

1. Liquid waste systems;

2. Sewerage systems;

3. Storm water systems; and

4. Water supply systems.

"Regulant" means an individual (i) licensed as a tradesman, liquefied petroleum gas fitter, natural gas fitter provider, or gas fitter or (ii) certified as a backflow prevention device worker, accessibility mechanic, elevator mechanic, water well systems provider, or fire sprinkler inspector.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Residential HVAC tradesman" means a person who possesses the necessary ability, proficiency, and qualifications to perform HVAC work utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code applicable to dwellings and townhouses, as those terms are defined in the Virginia Residential Code, or structures annexed to those dwellings or townhouses[]. It does not include commercial, industrial, institutional, or government-use structures outside of dwellings and townhouses[].

"Residential plumber tradesman" means a person who possesses the necessary ability, proficiency, and qualifications to perform plumbing work utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code applicable to dwellings and townhouses, as those terms are defined in the Virginia Residential Code, or structures annexed to those dwellings or townhouses. It does not include commercial, industrial, institutional, or government-use structures outside of dwellings and townhouses.

"Testing organization" means an independent testing organization whose main function is to develop and administer examinations.

"Trade" means any regulated activity.

"Virginia Residential Code" means the provisions of the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63) applicable to R-5 residential structures and that includes provisions of the International Residential Code as amended by the Board of Housing and Community Development.

A. Licenses issued under this chapter to electricians, gas fitters, liquefied petroleum gas fitters, natural gas fitter providers, HVAC tradesmen, or plumbers will expire three years from the last day of the month in which they were issued as indicated on the license.

B. Except as otherwise provided in this chapter, all other licenses and certifications issued under this chapter will expire two years from the last day of the month in which they were issued as indicated on the license or certification.

C. As a condition of renewal or reinstatement and pursuant to § 54.1-1133 of the Code of Virginia, all individuals holding tradesman licenses with the trade designations of plumbing, electrical, and heating, ventilation, and cooling must satisfactorily complete three hours of continuing education for each designation, and individuals holding a license as a liquefied petroleum gas fitter, a natural gas fitter provider, or a gas fitter, one hour of continuing education, relating to the applicable building code changes, from a provider approved by the board.

D. Certified elevator mechanics and certified accessibility mechanics, as a condition of renewal and pursuant to § 54.1-1143 of the Code of Virginia, must satisfactorily complete eight hours of continuing education relating to the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) pertaining to elevators, escalators, and related conveyances. This continuing education must be from a provider approved by the board.

E. Certified water well systems providers, as a condition of renewal or reinstatement and pursuant to § 54.1-1129.1 B of the Code of Virginia, must satisfactorily complete eight hours of continuing education in the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction from a provider approved by the board.

F. Certified automatic fire sprinkler inspectors, as a condition of renewal and pursuant to § 54.1-1148 of the Code of Virginia, must satisfactorily complete eight hours of continuing education related to changes and knowledge of the Virginia Statewide Fire Prevention Code ( 13VAC5-52). No renewal will be permitted once 30 days from the expiration date have passed. After that date, the applicant must apply for a new certification and meet the current entry requirements.

G. Renewal fees are as follows:

All fees are nonrefundable and will not be prorated.

H. The board will mail send a renewal notice to the regulant outlining procedures for renewal. Failure to receive this notice, however, does not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certification may be submitted with the required fee as an application for renewal within 30 days of the expiration date.

I. The date on which the renewal fee is received by the department or its agent will determine whether the regulant is eligible for renewal or required to apply for reinstatement.

J. The board may deny renewal of a license or certification for the same reasons as it may refuse initial licensure or certification or discipline a regulant. The regulant has a right to request review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

K. 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, including renewal, reinstatement, or processing of a new application.

L. Residential building energy analysts, as a condition of renewal or reinstatement, must provide documentation of continued membership, in good standing, of a certifying organization approved by the board and proof of insurance as required in 18VAC50-30-46 A 4.