GA Code § 43-14-2 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 14 - Electrical Contractors, Plumbers, Conditioned Air Contractors, Low-Voltage Contractors, and Utility Contractors|§ 43-14-2. Definitions

 As used in this chapter, the term:   (.1) "Alarm system" means any device or combination of devices used to detect a situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equipment failure, or on the occurrence of any other predetermined event.    "Board" means the State Construction Industry Licensing Board.   "Certificate of competency" means a valid and current certificate issued by the Division of Electrical Contractors created in Code Section 43-14-3, which certificate shall give the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor.   "Conditioned air contracting" means the installation, repair, or service of conditioned air systems or conditioned air equipment.Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system.Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system.   "Conditioned air contractor" means an individual who is engaged in conditioned air contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term "conditioned air contractor" shall not include a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work.   "Conditioned air equipment" means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter.   "Electrical contracting" means the installation, maintenance, alteration, or repair of any electrical equipment, apparatus, control system, or electrical wiring device which is attached to or incorporated into any building or structure in this state but shall not include low-voltage contracting.   "Electrical contractor" means any person who engages in the business of electrical contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term "electrical contractor" shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work.   "Executive director" means the executive director of the State Construction Industry Licensing Board.  (8.1) "General system" means any electrical system, other than an alarm or telecommunication system, involving low-voltage wiring.    "Journeyman plumber" means any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber.   "License" means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.  (10.1) "Low-voltage contracting" means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low-voltage wiring.   (10.2) "Low-voltage contractor" means an individual who is engaged in low-voltage contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed.   (10.3) "Low-voltage wiring" means:    Wiring systems of 50 volts or less and control circuits directly associated therewith;   Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or   Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable disconnecting means which has been installed for the specific purpose of supplying the low-voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose.     "Master plumber" means any individual engaging in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract.   "Plumbing" means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term "plumbing" also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal; provided, however, that licensure under this chapter shall not be required for a contractor certified by the Department of Public Health to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system.  (12.1) "Telecommunication system" means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access.    "Utility contracting" means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system.   "Utility contractor" means a sole proprietorship, partnership, or corporation which is engaged in utility contracting under express or implied contract or which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract.   "Utility foreman" means any individual who is employed by a licensed contractor to supervise the construction, erection, alteration, or repair of utility systems.   "Utility manager" means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems.   "Utility system" means:   Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems; and   Reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity.      (Ga. L. 1949, p. 1622, § 2; Ga. L. 1968, p. 308, §§ 2, 3; Ga. L. 1971, p. 583, § 3; Ga. L. 1980, p. 1299, § 2; Ga. L. 1981, p. 1703, § 1; Ga. L. 1983, p. 424, § 1; Ga. L. 1984, p. 1129, § 2; Ga. L. 1989, p. 1756, § 2; Ga. L. 1992, p. 6, § 43; Ga. L. 1993, p. 123, § 28; Ga. L. 1993, p. 733, § 1; Ga. L. 1993, p. 1339, § 1; Ga. L. 1994, p. 383, § 1; Ga. L. 1995, p. 860, § 2; Ga. L. 1996, p. 1078, § 1; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1527, § 3; Ga. L. 2003, p. 419, § 1; Ga. L. 2004, p. 390, § 1; Ga. L. 2005, p. 472, § 1/HB 207; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following "rests" in paragraph (10.2), and "storm-water" was substituted for "storm water" in paragraph (12).   Pursuant to Code Section 28-9-5, in 2004, "Reservoirs" was substituted for "Reserviors" at the beginning of subparagraph (17)(B).   Law reviews.   - For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).   JUDICIAL DECISIONS    Electrical work performed as personal favor at homeowners' request and on temporary basis did not come within the meaning of "electrical contracting" in O.C.G.A. § 43-14-2(6) so as to require a license under O.C.G.A. § 43-14-8(a). Echols v. Quality Mechanical, Inc., 177 Ga. App. 870, 341 S.E.2d 328 (1986).    Septic tank installation, maintenance, or repair is not included within the definition of "plumbing" in O.C.G.A. § 43-14-2(12) and, as a result, state law does not preempt counties from enacting regulations that specify the qualifications of persons who install septic tanks. DeKalb County Bd. of Health v. Lee, 266 Ga. 507, 467 S.E.2d 564 (1996).   License not required.    - Trial court properly denied the contractor's motion for partial summary judgment on the developers' counterclaim that the parties' contracts were unenforceable because the contractor was not required to have a utility contractor license under O.C.G.A. § 43-14-8.2 to perform work under the statute's agreements with developers, and those agreements were not unenforceable on the ground that the contractor did not possess such a license; the contractor was not engaged in utility contracting in connection with the developers' properties because none of the trenching, cutting, and installation related to the construction and access of the systems on the developers' properties was done at a depth of five feet or deeper below the surface. Brantley Land & Timber, LLC v. W & D Invs., Inc., 316 Ga. App. 277, 729 S.E.2d 458 (2012).   "Utility systems."    - O.C.G.A. § 43-14-2 is interpreted under the statute's plain terms as defining utility systems to include only water supply systems at least five feet underground that are installed or accessed from the ground surface; thus, any water supply systems less than five feet underground would not be considered utility systems under the statute and would not require a utility contractor license to construct, erect, alter, or repair or have constructed, erected, altered, or repaired. Brantley Land & Timber, LLC v. W & D Invs., Inc., 316 Ga. App. 277, 729 S.E.2d 458 (2012).   OPINIONS OF THE ATTORNEY GENERAL   "Conditioned air contracting" construed.    - Cleaning air ducts and air duct systems which involves the disassembly and re-assembly, lubrication, or adjustment of system components constitutes "service of conditioned air systems or conditioned air equipment" as defined in O.C.G.A. § 43-14-2(5) and therefore falls within the statutory definition of "conditioned air contracting." 1991 Op. Att'y Gen. 91-24.