Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 50 - BOARD FOR CONTRACTORS › Chapter 22 - BOARD FOR CONTRACTORS REGULATIONS › Part I - Definitions › Section 18VAC50-22-10 - General definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and term s when used in this chapter,
					 unless a different meaning is provided or is plainly required by the context,
					 shall have the following meanings:
"Address of record" means the mailing address designated
					 by the licensee to receive notices and correspondence from the board.
"Affidavit" means a written statement of facts, made
					 voluntarily, and confirmed by the oath or affirmation of the party making it,
					 taken before a notary or other person having the authority to administer such
					 oath or affirmation.
"Business entity" means a sole proprietorship,
					 partnership, corporation, limited liability company, limited liability
					 partnership, or any other form of organization permitted by law.
"Change order" means any modification to the original
					 contract including, but not limited to, the time to complete the work, change
					 in materials, change in cost, and change in the scope of work.
"Controlling financial interest" means the direct or
					 indirect ownership or control of more than 50% ownership of a firm.
"Firm" means any business entity recognized under the laws
					 of the Commonwealth of Virginia.
"Formal vocational training" means courses in the trade
					 administered at an accredited educational facility; or formal training,
					 approved by the department, conducted by trade associations, businesses,
					 military, correspondence schools or other similar training
					 organizations.
"Full-time employee" means an employee who spends a
					 minimum of 30 hours a week carrying out the work of the licensed contracting
					 business.
"Helper" or "laborer" means a person who assists a
					 licensed tradesman and who is not an apprentice as defined in
					 18VAC50-30-10.
"Licensee" means a firm holding a license issued by the
					 Board for Contractors to act as a contractor, as defined in § 54.1-1100 of
					 the Code of Virginia.
"Net worth" means asset s minus liabilities. For purposes
					 of this chapter, assets shall not include any property owned as tenants by the
					 entirety.
"Prime contractor" means a licensed contractor that
					 performs, supervises, or manages the construction, removal, repair, or
					 improvement of real property pursuant to the terms of a primary contract with
					 the property owner/lessee. The prime contractor may use its own employees to
					 perform the work or use the services of other properly licensed
					 contractors.
"Principal place of business" means the location where the
					 licensee principally conducts business with the public.
"Reciprocity" means an arrangement by which the licensees
					 of two states are allowed to practice within each other's boundaries by mutual
					 agreement.
"Reinstatement" means having a license restored to
					 effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license
					 for another period of time.
"Residential building energy analyst firm" means any
					 business entity wherein a residential building energy analysis, as defined in
					 § 54.1-1144 of the Code of Virginia, is offered or practiced.
"Responsible management" means the following
					 individuals:
1. The sole proprietor of a sole proprietorship;
2. The partners of a general partnership;
3. The managing partners of a limited partnership;
4. The officers of a corporation;
5. The managers of a limited liability company;
6. The officers or directors of an association or both;
					 and
7. Individuals in other business entities recognized under
					 the laws of the Commonwealth as having a fiduciary responsibility to the
					 firm.
"Sole proprietor" means any individual, not a corporation,
					 who is trading under his own name, or under an assumed or fictitious name
					 pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code
					 of Virginia.
"Supervision" means providing guidance or direction of a
					 delegated task or procedure by a tradesman licensed in accordance with Chapter
					 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, being
					 accessible to the helper or laborer, and periodically observing and evaluating
					 the performance of the task or procedure.
"Supervisor" means the licensed master or journeyman
					 tradesman who has the responsibility to ensure that the installation is in
					 accordance with the applicable provisions of the Virginia Uniform Statewide
					 Building Code and provides supervision to helpers and laborers as defined in
					 this chapter.
"Temporary license" means a license issued by the board
					 pursuant to § 54.1-201.1 of the Code of Virginia that authorizes 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 which is created
					 between a husband and wife and by which together they hold title to the whole
					 with right of survivorship so that, upon death of either, the other takes whole
					 to exclusion of the deceased's remaining heirs.
"Virginia Uniform Statewide Building Code" or "USBC" means
					 building regulations comprised of those promulgated by the Virginia Board of
					 Housing and Community Development in accordance with § 36-98 of the Code
					 of Virginia, including any model codes and standards that are incorporated by
					 reference and that regulate construction, reconstruction, alteration,
					 conversion, repair, maintenance or use of structures, and building and
					 installation of equipment therein.
Statutory Authority: §§ 54.1-201, 54.1-1102,
						and 54.1-1146 of the Code of Virginia.