reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-138 - Prelicensing general contractor education courses or workshops

(a)
All prelicensing courses designed to assist an applicant in taking an examination as required by the board must be approved by the board before accepting applicants.
(b)
A prelicensing general contractor education course or workshop shall be qualified for approval, if the board determines that it:
(1)
Constitutes an organized program of learning, including a symposium, that contributes directly to the professional competency of the licensee;
(2)
Is related to the practice of general contracting;
(3)
Is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience; and
(4)
Is accompanied by a paper, manual or written outline that substantially describes the subject matter of the program.
(c)
The board or its representative shall be admitted to prelicensing general contractor education courses at no charge, in order to monitor the persons present, the content of the course and supporting paperwork.
(d)
The person or firm conducting prelicensing general contractor education courses shall apply to the board for renewal of approval of the courses every three (3) years.
(e)
The board may charge a fee for reviewing and approving prelicensing general contractor education courses; provided, that the fee shall not be greater than that necessary to carry out this section.
(f)
The director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of conducting prelicensing general contractor education courses without approval of the board as required by this section. Each citation shall be in writing and shall describe with particularity the basis of the citation. Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). The commission shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part.
(g)
The board is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate this section.
Acts 2006, ch. 657, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 1 - GENERAL PROVISIONS (§§ 62-6-101 — 62-6-139) › Section 62-6-139 - Posting of disciplinary action on board's website - Advertising campaigns

(a)
When the board disciplines a contractor, home improvement services provider as defined by §
39-14-154(a)
or home improvement contractor, the board shall post the following information on its website:
(1)
The name of the contractor, home improvement services provider or home improvement contractor, together with the specific license and license number held by such person, or if such contractor, home improvement contractor or home improvement services provider is not licensed, information stating such;
(2)
The violation or type of violation; and
(3)
The date and type of penalty imposed.
(b)
The posting made pursuant to subsection (a) shall be made within thirty (30) days of the board's action and shall be retained on the website until there is a three-year period from the date of the contractor's, home improvement contractor's or home improvement services provider's last discipline in which the contractor, home improvement contractor or home improvement services provider has not been disciplined by the board.
(c)
In addition to posting such information on its website, to the extent funds are available, the board shall conduct advertising campaigns to inform the public of this section as well as educating the public as to the identity of home improvement services providers who have been convicted of violations of §
39-14-154
and the status of such provider's license.
Acts 2010 , ch. 1055, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 3 - TENNESSEE HOME INSPECTOR LICENSE ACT OF 2005 (§§ 62-6-301 — 62-6-308) › Section 62-6-301 - Short title

This part shall be known and may be cited as the "Tennessee Home Inspector License Act of 2005."
Acts 2005, ch. 65, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 3 - TENNESSEE HOME INSPECTOR LICENSE ACT OF 2005 (§§ 62-6-301 — 62-6-308) › Section 62-6-303 - Powers and duties of commissioner - Advisory committee - Restraining or enjoining violations - Jurisdiction

(a)
The commissioner has the power and the duty to:
(1)
Administer and enforce this part;
(2)
Issue and renew licenses to home inspectors pursuant to this part;
(3)
Suspend, revoke or fail to renew the license of a home inspector;
(4)
Establish standards for the initial and continuing education of home inspectors, including prescribing the form and content of examinations to determine the qualifications of persons applying for licensure;
(5)
Promulgate rules and regulations that are reasonably necessary to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(6)
Adopt and publish a code of ethics and standards of practice for home inspectors; and
(7)
Charge and collect fees, including license application and renewal fees, to be utilized to fund activities that may be necessary to carry out this part.
(b)
The commissioner may appoint a committee of licensed home inspectors with at least five (5) years experience in the field of home inspection to advise the commissioner with respect to any contemplated rulemaking under this section. The commissioner shall include at least one (1) member from each of the following:
(1)
The American Society of Home Inspectors;
(2)
The Home Inspectors of Tennessee Association;
(3)
The National Association of Certified Home Inspectors;
(4)
The National Association of Home Inspectors; and
(5)
The American Home Inspection Association.
(c)
The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part or of any rule promulgated under this part. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
Acts 2005, ch. 65, § 4; 2009, ch. 181, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 3 - TENNESSEE HOME INSPECTOR LICENSE ACT OF 2005 (§§ 62-6-301 — 62-6-308) › Section 62-6-304 - License requirement

It is unlawful for any person, directly or indirectly, to engage in or conduct or to advertise or claim to be engaging in or conducting the business or acting in the capacity of a home inspector as defined in this chapter, within this state, without first obtaining a home inspector license as provided in this part.
Acts 2005, ch. 65, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 3 - TENNESSEE HOME INSPECTOR LICENSE ACT OF 2005 (§§ 62-6-301 — 62-6-308) › Section 62-6-305 - Application for licensure - Prerequisites and qualifications

Any person who applies for licensure as a home inspector must submit an application on a form prescribed by the commissioner. The application shall be accompanied by the fee specified in §
62-6-303
. Applicants for licensure shall furnish evidence satisfactory to the commissioner that the applicant:
(1)
Is at least eighteen (18) years of age;
(2)
Has graduated from high school or earned a high school equivalency credential approved by the state board of education;
(3)
Has not been convicted of a crime that has a direct bearing on the applicant's ability to perform competently and fully as a licensee;
(4)
Is not the subject of a disciplinary or enforcement action by another state or a local jurisdiction in connection with the performance of home inspections or the licensing or certification of home inspectors;
(5)
Has successfully completed ninety (90) hours of a commissioner-approved training program or course of study involving the performance of home inspections and the preparation of home inspection reports;
(6)
Has passed a commissioner-approved competency examination administered by the state or an entity selected by the state; and
(7)
Has obtained a certificate of insurance in an amount required by the commissioner for general liability as well as errors and omissions to cover all activities contemplated under this part.
Amended by 2023 Tenn. Acts, ch. 114,s 45, eff. 7/1/2023.
Acts 2005, ch. 65, § 6; 2006, ch. 959, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 3 - TENNESSEE HOME INSPECTOR LICENSE ACT OF 2005 (§§ 62-6-301 — 62-6-308) › Section 62-6-306 - Issuance of license - Expiration - Roster of licensees - Notification of changes

(a)
If the commissioner determines that an applicant meets the requirements of this part and is qualified for a home inspector license, the commissioner shall issue a license to the applicant that shall expire two (2) years following the date of issuance, unless revoked or suspended prior to the expiration date. The expiration date of the license shall appear on the license and no other notice of its expiration need be given to its holder. The commissioner shall maintain a roster, which shall be made available to the public, showing the name and place of business of each home inspector currently licensed. A licensee shall notify the commissioner immediately of any change of name, name under which the licensee conducts business or business address.
(b)
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745,s 6, eff. 7/1/2018.
Acts 2005, ch. 65, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-401 - Short title

This part shall be known and may be cited as the "Limited Licensed Plumbers' Act of 2004."
Acts 2004, ch. 826, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the state board for licensing contractors pursuant to §
62-6-104
;
(2)
"Fixtures" includes, but is not limited to, toilets, sinks, tubs, whirlpool tubs, hot tubs and any faucets or water supply lines used in conjunction with the fixtures;
(3)
"General maintenance work" means installing home appliances and making minor repairs to home appliances and kitchen and bathroom fixtures where the labor cost related to the installation or minor repairs does not exceed five hundred dollars ($500);
(4)
"Home appliances" means any appliance using water or connected to a water line, including, but not limited to, water heaters, dishwashers, garbage disposals, washers, icemakers and other similar appliances; provided, that the energy source is not changed from electric to gas or from gas to electric;
(5)
"Limited licensed plumber" means any person who performs any plumbing work that has a total cost of less than twenty-five thousand dollars ($25,000) and who is required to be registered under this part; and
(6)
"Plumbing work" means the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing of labor to install material or equipment within any residential or commercial building of all piping, fixtures and appliances for the supply of gas, water, liquids or disposal of waste water or sewage; provided, that there is no intent to require licensure under this part for plumbing work performed outside a residential or commercial building, including, but not limited to, utility connections or irrigation systems.
Acts 2004, ch. 826, § 3; 2006, ch. 570, § 2; 2007 , ch. 54, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-403 - Construction

Nothing in this part shall be construed to provide that a limited licensed plumber is a contractor. It is the intent of this part to provide that a limited licensed plumber is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed plumber shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed plumber is a contractor unless the limited licensed plumber also holds a valid contractor's license issued by the board.
Acts 2004, ch. 826, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-405 - Rules and regulations - Forms

(a)
The board may promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that it deems necessary to effectuate this part.
(b)
The board may also prescribe forms required for the administration of this part.
Acts 2004, ch. 826, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-407 - Hearing and judicial review of contested cases

The Uniform Administrative Procedures Act, compiled in title 4, part 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
Acts 2004, ch. 826, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-408 - Fees

(a)
(1)
The board shall prescribe fees for the application, examination, issuance, and renewal of licenses of limited licensed plumbers. The fees, together with the fees prescribed for limited licensed electricians pursuant to chapter 6, part 1 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed plumbers and limited licensed electricians.
(2)
The fees collected by the board as described in subdivision (a)(1) shall be combined with fees collected for the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed plumbers, pursuant to this part, and limited licensed electricians, pursuant to chapter 6, part 1 of this title.
(3)
Fees for limited licensed plumbers shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
(4)
On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed plumbers shall be combined with all funds held for the administration of the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title.
(b)
In no event shall the fee for an initial license exceed seventy-five dollars ($75.00) or fifty dollars ($50.00) for subsequent renewal of the license.
Amended by 2015 Tenn. Acts, ch. 291,s 7, eff. 4/24/2015.
Acts 2004, ch. 826, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-409 - Violations - Refusal to issue or renew license - Revocation or suspension of license - Civil penalty

(a)
The board may refuse to issue or renew a license and revoke or suspend the license of a limited licensed plumber for faulty plumbing workmanship as determined by the board or for gross negligence, incompetency, fraud, dishonest dealing or misconduct in performing plumbing work.
(b)
The board may refuse to issue or renew a license and revoke or suspend a license of any person for lack of expertise, submission of false evidence with regard to any application for license or renewal, conviction of a felony, or any other conduct that constitutes improper, fraudulent or dishonest dealing or any other violation of this part.
(c)
In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty against any limited licensed plumber or any person required to be licensed as a limited licensed plumber for each separate violation of this part.
Acts 2004, ch. 826, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-410 - Duplicate license

A duplicate license to replace any license lost, destroyed or mutilated may be issued subject to the rules and regulations of the board.
Acts 2004, ch. 826, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-411 - Expiration - Renewal - Fee for delayed renewal

(a)
A license expires on the last day of the twenty-fourth month following its issuance or renewal and becomes invalid on that date unless renewed.
(b)
Renewal notices shall be mailed ninety (90) days prior to the expiration date of the license. The renewal must be received by the board thirty (30) days prior to the expiration of the license and shall be accompanied by a renewal fee.
(c)
It is the duty of the board to notify by mail every person licensed under this part of the date of expiration of the license and the amount of fee required for its renewal. The notice shall be mailed in accordance with this part.
(d)
The fee to be paid for the renewal of a license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed. The maximum fee for a delayed renewal shall not exceed twice the normal fee.
(e)
No limited licensed plumber shall be qualified to receive a renewal license when the limited licensed plumber has failed to comply with this part for a period of ninety (90) days; and in that event, the limited licensed plumber, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.
Acts 2004, ch. 826, § 12; 2006, ch. 570, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-412 - Violations

Any person who engages or offers to engage in plumbing work without a license as required by this part or who violates this part or any rule or regulation duly promulgated under this part commits a Class A misdemeanor.
Acts 2004, ch. 826, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-413 - Inquiry into identity

The board shall inquire into the identity of any person operating under this part and shall prosecute any person violating this part.
Acts 2004, ch. 826, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-414 - Injunctions - Incurred expenses

(a)
In order to secure the effective enforcement of this part, jurisdiction is conferred on the chancery courts of this state to grant injunctive relief against any person or legal entity undertaking to perform plumbing work in violation of this part.
(b)
Any expenses incurred, such as depositions, travel expenses or attorney fees required for the prosecution of the suit, shall be paid in the same manner as other expenses incurred by the board.
Acts 2004, ch. 826, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-415 - Bonds

No person shall be required to post a bond or provide a financial statement in order to obtain a license as a limited licensed plumber.
Acts 2004, ch. 826, § 16; 2006, ch. 570, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 4 - LIMITED LICENSED PLUMBERS' ACT OF 2004 (§§ 62-6-401 — 62-6-416) › Section 62-6-416 - Applicability

This part does not apply to any county having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
nor more than
7,600
7,700
7,900
7,970
11,300
11,368
11,700
11,800
12,369
12,450
16,500
16,575
17,900
18,000
22,200
22,300
25,450
25,550
29,400
29,450
31,100
31,200
32,300
32,500
34,800
34,900
39,900
40,000
43,100
43,200
Acts 2004, ch. 826, §§ 17, 18.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-502 - Prohibited activities

(a)
No person may engage in or transact any home improvement business, represent to the public as doing home improvement business or offer to transact any home improvement business in this state, except in compliance with the applicable provisions of this part. No person, whether subject to licensing by any law or otherwise, may engage in this state in any trade practice or other act that is prohibited by this part. Every person who willfully participates in a prohibited act or violation with knowledge of the prohibited act or violation is subject to the criminal penalty for the prohibited act or violation. This part may not be waived by agreement.
(b)
(1)
No person shall maintain, own, operate or transact a home improvement business unless a license is first obtained as prescribed in this part.
(2)
An applicant for a home improvement contractor's license shall establish that the applicant is the real owner and possesses title to, or is entitled to, the possession of the establishment and will conduct, operate, engage in and transact a home improvement business.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-503 - Local licensing prohibited - License number required for permitting - Treble damages

(a)
No county or municipality of this state may require that any person obtain an additional authorization or license to transact a home improvement business in that county or city. Nothing contained in this subsection (a) prohibits counties, municipalities or metropolitan governments from requiring licenses for persons performing plumbing work, electrical work or gas and mechanical work.
(b)
A license issued pursuant to this part may not be construed to authorize the licensee to perform any particular type of work or kind of business that is reserved to qualified licensees under separate state or local law.
(c)
Nothing in this part may be construed to limit or restrict the power of a municipality or county to regulate the quality, performance or character of work of home improvement contractors, including a system of permits and inspections that are designed to secure compliance with and aid in the enforcement of applicable state and local building laws or to enforce other laws necessary for the protection of the public health and safety. Nothing in this part limits the power of a municipality or county to adopt any system of permits requiring submission to and approval by the municipality or county of plans and specifications for an installation prior to the commencement of construction of the installation or of inspection of work done; provided, that nothing in this section may be construed as authorizing a municipality or county to enact ordinances or regulations relating to the qualifications necessary to engage in the home improvement business. Nothing contained in this section prohibits counties, municipalities or metropolitan governments from requiring licenses for persons performing plumbing work, electrical work or gas and mechanical work.
(d)
Except for a permit for any home improvement work to be performed by the owner of property, a municipality or county may not issue a permit for any home improvement work unless the permit lists each contractor's home improvement license number.
(e)
Any person subject to this part who engages in construction or the home improvement business without a license shall, in any tort action arising out of the construction or home improvement business, be subject to the awarding of treble damages.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-504 - Licensing fees

(a)
No license may be issued or become effective until the applicant pays all required fees as set by the board for licensing contractors. The biennial license fee shall not exceed two hundred fifty dollars ($250).
(b)
The fee for issuing a duplicate license for one lost, destroyed or mutilated shall be set by the board.
(c)
The fee for copies of documents on file in the commissioner's office is two dollars ($2.00) per page.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-505 - Exemption from licensing requirements

(a)
No home improvement contractor's license may be required of any person when acting in the particular capacity or particular type of transaction set forth in this section:
(1)
An individual who performs labor or services for a home improvement contractor or subcontractor for wages or salary;
(2)
A plumber, electrician, architect or any other person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in a craft or profession, and who is acting exclusively within the scope of the craft or profession for which the person is currently licensed pursuant to such other law. The installation of central heating or air conditioning systems by such a person shall be deemed within the scope of the person's craft or profession;
(3)
Any retail clerk, clerical employee, salesperson or other employee of a licensed home improvement contractor;
(4)
Any residential or commercial contractor who holds a valid license issued pursuant to this chapter and is engaged in contracting within the terms and conditions of the license; or
(5)
An interior designer performing services as set forth in §
62-6-501(4)(B)(vii)
.
(b)
A homeowner may secure a permit without a state license to do any improvements on the homeowner's own properties; however, in so doing, the homeowner shall have no claim to the fund.
Acts 2007 , ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-507 - Expiration of licenses - Assignment and transfer - Renewal - Issuance of duplicate licenses

(a)
All licenses, except temporary licenses, shall expire the last day of the twenty-fourth month from the date of issuance.
(b)
No license shall be assignable or transferable except as provided in this subsection (b). A license to conduct a home improvement business issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or stockholder of a corporation owning not less than twenty-five percent (25%) of the outstanding stock at the time of assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one (1) member of the partnership; provided, that the member obtains the consent of all of the other members of the partnership. The application for transfer or assignment shall be accompanied by proof satisfactory to the board that there has been compliance with the requirements of this subsection (b). No assignment or transfer shall become effective unless and until the endorsement of the transfer or assignment has been made on the face of the license by the commissioner and the license, so endorsed, has been returned to the assignee or transferee. All endorsements shall be made without payment of any fee.
(c)
Any license, except a temporary license, that has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this part, be renewed for an additional period of twenty-four (24) months from its expiration, upon the filing of an application for renewal, on a form to be prescribed by the board. The form shall include a statement to be completed by the applicant indicating all material changes from the original application for a license. A penalty fee of ten dollars ($10.00) per month, not to exceed thirty dollars ($30.00), shall be assessed on any renewal application postmarked after the date of expiration. No renewal application shall be accepted more than ninety (90) days after the expiration of the license.
(d)
A duplicate license may be issued for one lost, destroyed or mutilated upon application for a duplicate on a form prescribed by the board and the payment of the fee prescribed by this part. Each duplicate license shall have the word "duplicate" stamped across the face of the license and shall bear the same number as the one it replaces.
Acts 2007, ch. 460, § 2; 2008, ch. 1038, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-508 - Requirements of home improvement contracts

(a)
Every home improvement contract shall:
(1)
Be in legible writing and contain the complete agreement between the owner and the home improvement contractor;
(2)
State the full names and addresses of all parties, the license number of the home improvement contractor, the date when executed by the parties and contain a description of the work to be done and the goods to be used;
(3)
Be completed in full without any blank spaces to be filled in after the contract is signed by the owner and clearly describe any other documents that are to be incorporated and shall contain the following notice directly above the space provided for the signature of the owner:
NOTICE TO OWNER: Do not sign this contract if blank. You are
entitled to a copy of the contract at the time you sign.
(4)
Contain the approximate dates when the work will begin and be substantially completed;
(5)
Contain the agreed upon consideration for the work;
(6)
Contain a notice that all home improvement contractors must be licensed by the board and that any inquiries about a contractor should be transmitted to the board's office;
(7)
Contain all other matters upon which the parties lawfully agree; and
(8)
Not contain any power of attorney to confess judgment.
(b)
No sales person, agent or employee of the home improvement contractor shall be authorized to make any changes in the agreement on behalf of the owner.
(c)
Contracts that fail to comply with the requirements of this section shall not be invalid solely because of noncompliance.
Acts 2007 , ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-509 - Grounds for loss of license

(a)
The board may refuse to issue or renew, or suspend or revoke a license under this part, if it finds that the applicant or licensee:
(1)
Has made a material omission or misrepresentation of fact on an application for a license;
(2)
Has failed to furnish information to the board concerning an application for a license as required by this part;
(3)
Lacks competence to engage in the home improvement business, as evidenced by work performed in a poor and unworkmanlike manner or when the work involved is inadequate or incomplete;
(4)
Has been convicted of a felony, is untrustworthy or not of good character;
(5)
Has consistently failed to perform contracts, has manipulated assets or accounts or has engaged in fraud or bad faith; or
(6)
Has violated this part or is performing or attempting to perform any act prohibited by this part.
(b)
In addition to or in lieu of any lawful action taken under subsection (a), the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of this part. In determining whether to impose a civil penalty, the board shall consider the seriousness of the violation, the deleterious effect of the violation, any good faith on the part of the violator, and the violator's history of previous violations.
(c)
Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the commission may impose a civil penalty not to exceed one thousand dollars ($1,000) against any person who engages in unlicensed home improvement contracting.
Amended by 2015 Tenn. Acts, ch. 290,s 3, eff. 4/24/2015.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-511 - False documentation

Any person who accepts or receives a completion certificate or other evidence that performance of a home improvement contract is complete or satisfactorily concluded, with knowledge that the document is false and that the performance is not completed, or who utters, offers or uses the document in connection with the making or accepting of any assignment or negotiation of the right to receive any payment from the owner, under or in connection with a home improvement contract, or for the purpose of obtaining or granting any credit or loan on the security of the right to receive any payment, as mentioned in this section, knowing or having good reason to know the document to be false, commits a Class A misdemeanor.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-512 - Criminal penalty

Any person who owns, operates, conducts a home improvement business or procures a home improvement contract without a license pursuant to this part or who violates any of the provisions of this part, or having had a home improvement contractor's license suspended or revoked continues to engage in the business, commits a Class A misdemeanor. Each violation is deemed a separate offense.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-513 - Powers and duties of board

In addition to the powers and duties elsewhere prescribed in this part, the board may:
(1)
Examine the qualifications and fitness of applicants for licenses under this part;
(2)
Keep records of all licenses issued, suspended or revoked. These records shall be open to the public for inspection during regular business hours;
(3)
Promulgate rules and regulations with respect to license applications, investigation and examination of applicants and their qualifications and any other matters incidental or appropriate to the board's powers and duties as prescribed by this part and for the proper administration and enforcement of this part and to amend or repeal any of the rules and regulations;
(4)
Receive complaints from the public regarding home improvement contractors and maintain records of the complaints.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-514 - Issuance of injunctions

If the board concludes that any continuing conduct by any person alleged to be in violation of this part may result in substantial or irreparable harm to any citizen of this state, the board may seek a permanent or temporary injunction with respect to the conduct from the circuit or chancery court of any county in which the alleged violation is occurring or in which the violator has its principal place of business.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-515 - Administrative procedures

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising pursuant to this part.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-516 - Exemptions

(a)
This part does not apply to the official transactions of an authorized representative of the United States or an instrumentality of the United States, any state or territory of the United States, any municipality or county of a state or territory or any instrumentality of a state or a political subdivision of an instrumentality of a state.
(b)
If home improvement contractors in a county are exempted from licensure under this chapter on July 1, 2007, due to a county exclusion, the legislative body of the county may, by a two-thirds (2/3) majority vote, elect to make this part applicable in the county. Any county electing to come within this part shall so notify the board.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-518 - Civil penalty

(a)
After notice and an opportunity for a hearing, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation for a violation of §
62-6-510(3), (4) or (14)
. The penalty shall be in addition to any other penalty authorized pursuant to this part.
(b)
In addition to the civil penalty authorized pursuant to subsection (a), a violation of §
62-6-510(3), (4) or (14)
shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; and, as such, the private right of action remedy under that act shall be available to any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity or thing of value wherever situated as a result of a violation.
Acts 2007 , ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-519 - Transfer of staff

The existing staff of the home improvement commission shall be transferred to the state board for licensing contractors.
Acts 2007, ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-520 - Establishment of subcommittee on home improvement contractors

(a)
There is established a subcommittee whose focus shall be related to issues concerning home improvement contractors. The subcommittee shall act as an advisory committee concerning home improvement contractors and report all findings and recommendations concerning licensure and disciplinary actions relative to home improvement contractors to the board; provided, that all final decisions concerning those actions shall be decided by the board.
(b)
All current members of the home improvement commission appointed pursuant to former §
62-37-116
[repealed] on or before July 1, 2007, shall serve as the initial subcommittee and the members shall serve until the term of the most recent appointee expires. The terms of every other member of the commission shall be extended to coincide with the expiration of the term of the most recent appointee. At the expiration of the terms, the subcommittee as constituted pursuant to this subsection (b) shall cease to exist, and the board shall appoint a new subcommittee of board members to focus on issues relating to home improvement contractors.
(c)
The members of the subcommittee shall receive the same amount of compensation and reimbursement as received by board members for each day actually spent in the performance of their official duties.
(d)
All issues concerning home improvement contractors shall be heard by the subcommittee, which shall, pursuant to subsection (a), report its findings and recommendations to the board for final disposition and action by the board concerning those findings and recommendations.
Acts 2007 , ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 5 - HOME IMPROVEMENT CONTRACTORS (§§ 62-6-501 — 62-6-521) › Section 62-6-521 - Additional subcommittees

(a)
In addition to the appointment of a subcommittee established pursuant to §
62-6-520
, the board shall appoint two (2) additional subcommittees in accordance with the following:
(1)
A subcommittee of board members whose focus shall be related to issues concerning home builders; and
(2)
A subcommittee of board members whose focus shall be related to general contractor issues dealing with commercial construction, including electrical, mechanical, plumbing and heating, ventilation and air conditioning.
(b)
Each subcommittee shall act as an advisory committee concerning their respective areas pursuant to subsection (a) and shall report its findings and recommendations concerning licensure and disciplinary actions and other substantive issues to the board; provided, that all final decisions concerning those actions shall be decided by the board.
(c)
The members of the subcommittee shall receive the same amount of compensation and reimbursement as they would receive for performing their duties as board members for each day actually spent in the performance of their official duties.
Acts 2007 , ch. 460, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Agent" means any officer, director, owner, employee, contractor or any other person authorized to act on behalf of a residential roofing services provider;
(2)
"Contract" means a contract in this state between a person and a residential roofing services provider for the provision of goods or services related to the repair or replacement of a roof system the costs of which the residential roofing services provider represents are to be paid, or are likely to be paid, in whole or in part, from the proceeds of a property and casualty insurance policy;
(3)
"Emergency repairs" means goods or services provided for the purpose of making urgent and necessary repairs to the roof system of residential real estate if, without such repairs, damage to the residential real estate would occur;
(4)
"Person" means an individual or entity;
(5)
"Residential real estate" means a new or existing building constructed for habitation by one to four (1-4) families, and includes the building's garage, even if the garage is detached from such building;
(6)
"Residential roofing services provider":
(A)
Means a person in the business of contracting or offering to contract with owners of residential real estate to repair or replace roof systems, or the agent of such person; and
(B)
Does not mean a person engaged in the demolition of a structure or cleanup of construction waste and debris that contains roofing material; and
(7)
"Roof system" means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation for residential real estate.
Acts 2012, ch. 821, § 2.