GA Code § 43-14-6 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 14 - Electrical Contractors, Plumbers, Conditioned Air Contractors, Low-Voltage Contractors, and Utility Contractors|§ 43-14-6. Powers and Duties of Divisions

  The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:   Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving multifamily structures of not more than two levels or single-family dwellings of up to three levels. In addition, the structures shall have single-phase electrical installations which do not exceed 400 amperes at the service drop or the service lateral. Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;   Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:   Electrical Contractor Class I;   Electrical Contractor Class II;   Master Plumber Class I;   Master Plumber Class II;   Journeyman Plumber;   Conditioned Air Contractor Class I;   Conditioned Air Contractor Class II;   Low-voltage Contractor Class LV-A;   Low-voltage Contractor Class LV-T;   Low-voltage Contractor Class LV-G;   Low-voltage Contractor Class LV-U;   Utility Contractor; Class A;   Utility Contractor; Class B;   Utility Contractor; Class U;   Utility Manager (certificate); and   Utility Foreman (certificate);     Investigate, with the aid of the division director, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;   After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds:   The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;   Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;   Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or certified under this chapter;   Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;   Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession;   Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;   The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air contracting likely to endanger life, health, or property.The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air contracting; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;   With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or   With respect to utility contractors, violations of Chapter 9 of Title 25;     Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the division director a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and   Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter.     The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.   The divisions mentioned in subsection (a) of this Code section shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to Code Section 43-14-12.     The Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses to complete board approved continuing education of not more than four hours annually.The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological advances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.   All provisions of this subsection relating to continuing professional education shall be administered by the division.   The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.   The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.   The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.   This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal.       The Division of Electrical Contractors shall be authorized to require persons seeking renewal of Electrical Contractor Class I and Class II licenses to complete board approved continuing education courses of not more than four hours annually. The division shall be authorized to approve continuing education courses to be held within or outside this state that are available to all licensed electrical contractors on a reasonable nondiscriminatory fee basis. Any request for division approval of a continuing education course shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the division. The division may contract with institutions of higher learning, professional organizations, or other qualified persons to provide programs that meet the requirements of this paragraph and any rules or regulations established by the division. Such programs shall be self-sustaining by the individual fees set and collected by the provider of the program.   The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.       The Division of Utility Contractors shall be authorized to require persons seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter to complete board approved continuing education of not more than four hours annually.The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to utility contracting provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.   The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.       The Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses to complete board approved continuing education of not more than four hours annually.The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to plumbing provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection.   The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate.      (Ga. L. 1949, p. 1622, §§ 4-6, 14, 15; Ga. L. 1968, p. 308, §§ 4-6, 14, 15; Ga. L. 1971, p. 583, §§ 10, 13, 16; Ga. L. 1980, p. 1299, § 8; Ga. L. 1981, p. 1703, § 2; Ga. L. 1982, p. 3, § 43; Ga. L. 1983, p. 424, § 1; Ga. L. 1984, p. 1129, § 6; Ga. L. 1989, p. 1756, § 6; Ga. L. 1991, p. 1581, § 1; Ga. L. 1993, p. 1339, §§ 5, 6; Ga. L. 1994, p. 383, § 3; Ga. L. 1994, p. 659, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2008, p. 894, § 1/HB 611; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2014, p. 866, § 43/SB 340; Ga. L. 2015, p. 5, § 43/HB 90; Ga. L. 2019, p. 462, § 4-1/SB 214.)    The 2014 amendment,  effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "The Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses" for "With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses" in paragraph (d)(1); substituted "The Division of Electrical Contractors shall be authorized to require persons seeking renewal of Electrical Contractor Class I and Class II licenses" for "With respect to Electrical Contractor Class I and Class II licenses, the Division of Electrical Contractors shall be authorized to require persons seeking renewal of licenses" in paragraph (e)(1); substituted "The Division of Utility Contractors shall be authorized to require persons seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter" for "With respect to utility foreman certificates and utility manager certificates issued under this chapter, the Division of Utility Contractors shall be authorized to require persons seeking renewal of such certificates" in paragraph (f)(1); and substituted "The Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses" for "With respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses, the Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of such licenses" in paragraph (g)(1).    The 2015 amendment,  effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "conditioned air contracting" for "conditioned air work" in the first and second sentences of subparagraph (a)(4)(G).    The 2019 amendment,  effective July 1, 2019, in paragraph (e)(1), inserted "courses" near the end of the first sentence, substituted the present second sentence for the following provisions, which read: "The division shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to electrical contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs conducted by manufacturers specifically to promote their products shall not be approved", and added the third through fifth sentences.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1991, "Master Plumber Class I, Master Plumber Class II, and Journeyman Plumber" was substituted for "master plumber Class I, master plumber Class II, and journeyman plumber" in paragraph (a)(2), and a semicolon was substituted for a period at the end of subparagraph (a)(4)(I).   JUDICIAL DECISIONS   Non-delegable duty did not exist for installation of satellite television company's cable equipment.    - When the plaintiffs' home was struck by lightning on or near the exterior satellite cable equipment, causing the lightning to travel through a metal doorknob that the plaintiff was touching, resulting in the plaintiff's injury, the satellite television company's motion for summary judgment was properly granted because, although O.C.G.A. § 43-14-6 required electrical appliances to be installed by licensed electricians, there was no requirement in this statute that imposed a non-delegable duty on the company requiring it to properly and safely install the satellite dish system; and the plaintiffs did not point to any specific provision within the National Electric Code or local code setting forth a non-delegable duty in the plaintiffs' appeal. Ward v. DirecTV LLC, 342 Ga. App. 69, 801 S.E.2d 110 (2017).   OPINIONS OF THE ATTORNEY GENERAL    Licensed contractor who subcontracts work to an unlicensed subcontractor may be in violation of O.C.G.A. § 43-14-6(a)(4)(E) by assisting an unlicensed person to practice the contractor's profession. 1986 Op. Att'y Gen. No. 86-34.   Restrictions on Class I master plumbers.    - Class I master plumbers are restricted under O.C.G.A. § 43-14-6 from plumbing (1) attached housing for more than two families even if each unit is separately owned or has separate water and sewer connections, and (2) commercial structures which exceed 10,000 square feet even when the plumbing is confined to an area of less than 10,000 square feet. 1988 Op. Att'y Gen. No. 88-25.   Examination of applicants.    - Since former paragraph (a)(1) of O.C.G.A. § 43-14-6 specifically required the State Construction Industry Licensing Board, Division of Master Plumbers and Journeyman Plumbers, to examine applicants based on the "applicable state minimum standards codes" and, as of October 1, 1991, both the Georgia State Plumbing Code and the Standard Plumbing Code were the applicable state standard codes, it appeared to be the legislative intent for prospective licensees to be tested on both codes by the division. 1990 Op. Att'y Gen. No. 90-9 (decided prior to 1993 amendment).