West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the definitions in this section, the
				  definitions in W. Va. Code §30-42-3 are incorporated herein by
				  reference.
3.1. "Act" means the West
				Virginia Contractor Licensing Act, W. Va. Code §30-42-1
et
				seq.
3.2. "Advertisement,"
				as used in W. Va. Code §30-42-6(b), means any means or method used by a
				contractor to promote the contractor's business to the general public. If a
				contractor maintains an internet website, any advertisement by the contractor
				may direct potential customers to the contractor's online landing page for a
				link to the information required by W. Va. Code §30-42-6(b).
3.3. "Affidavit," as used in W. Va. Code
				§30-42-5(e) and sections 4, 5, and 6 of this rule, means a written
				statement of facts, made voluntarily, and confirmed by oath or affirmation of
				the individual making it, taken before a notary or other person having the
				authority to administer such oath or affirmation.
3.4. "Board" means the West Virginia
				Contractor Licensing Board and its authorized representatives.
3.5. "Business entity" or "entity" means a
				corporation, general partnership, limited liability company, limited liability
				partnership, limited partnership, sole proprietorship, or any other form of
				business organization permitted by law.
3.6. "Capital improvement," as used in 3.12
				of this section, means the addition of a permanent structural change or the
				restoration of some aspect of a property that will either enhance the
				property's overall value, prolong its useful life, or adapt it to new
				uses.
3.7. "Cease and desist order"
				means an order issued by the Board pursuant to the provisions of the Act and
				this rule to an unlicensed person who performs work for which a license is
				required or to a license holder who performs work outside of the license's
				classifications.
3.8. "Chair" means
				the individual elected by the Board to be its President.
3.9. "Classification" or "class" means a
				contractor's scope of work as defined in the Act and this rule and includes any
				work incidental to the work being performed.
3.10. "Concrete contractor" means a
				contractor whose principal business is installation and repair of concrete,
				concrete reinforcing materials, concrete products and accessories common to the
				industry, including the forming, pouring, and finishing of concrete structures
				such as footings, foundations, slabs, basements, sidewalks and walkways,
				driveways and parking areas, fence footings, decorative concrete walls not to
				exceed four feet in height and retaining walls not to exceed five feet in
				height.
3.11. "Construction
				project" means the entire undertaking as defined in 3.36 of this
				section.
3.12. "Contracting work"
				means and includes submitting a bid to perform construction work for another,
				the furnishing of work, or both materials and work, for another (by a sole
				contractor, general contractor, prime contractor, or subcontractor) in
				fulfillment of a contract for the construction, alteration, repair, decoration,
				or improvement of a new or existing building or structure, or any part thereof,
				or for the alteration, capital improvement, or development of real property, or
				performing activities governed by any or all state building codes, the National
				Fire Protection Association Code, and the National Electrical Code or its
				successor. The terms "contractor" and "contracting" are synonymous.
3.13. "Days" means business days unless
				otherwise stated.
3.14. "Emergency
				basis," as used in W. Va. Code §30-42-6(c)(6), means the occurrence of an
				event, circumstance, or situation which presents an imminent threat of a
				serious health or safety hazard to persons or property.
3.15. "Employee of a contractor" means any
				individual who works under the control and supervision of a contractor for a
				wage and other benefits as required by law. An employee of a contractor is not
				a subcontractor.
3.16. "Excavation
				contractor" means a contractor whose principal business is the installation,
				alteration, and repair of earthen material by digging, trenching, grading, or
				compacting the material for a cut, fill, grade, or trench, including the
				installation, alteration, and repair of crib walls, gabion walls, and other
				devices not to exceed six feet in height for the purpose of controlling the
				movement of earthen materials.
3.17. "Firm" means any business entity
				recognized under the laws of this state.
3.18. "Full-time employee" means an employee
				of a contractor who spends a minimum of 30 hours per week working under the
				control and supervision of a contractor for a wage and other benefits as
				required by law.
3.19. "General
				building contractor" means a contractor whose principal business is in
				connection with any structures built, being built, or to be built for the
				support, shelter and enclosure of persons, animals, chattels, or movable
				property of any kind, requiring in the construction the use of more than two
				contractor classifications, or a person who supervises the whole or any part of
				the construction. With the exception of work on a residential structure as
				defined in W. Va. Code §30-42-3(q), the general building contractor
				classification's scope of work does not include the performance of electrical,
				plumbing, heating, ventilating, and cooling, piping, or general engineering
				work as defined in the Act and this rule.
3.20. "Incidental work" means work that is
				directly related to and necessary for the completion of the main construction
				project that is within the scope of the license classification.
3.21. "License" means a license to engage in
				business in this state as a contractor in one of the classifications set out in
				the Act and this rule.
3.22.
				"License holder" means a member of the responsible management of a business
				entity as defined in 3.31 of this section who signs and submits the license
				application/affidavit on behalf of the entity.
3.23. "Maintenance" means work that does not
				materially add to the economic value of the property or asset.
3.24. "Manufactured home installation
				contractor" means a contractor who performs operations at the occupancy site
				which render a manufactured home fit for habitation, including site
				preparation, installation, or construction of the foundation, installation of
				the support system, positioning, blocking, leveling, supporting, tying down,
				connection of utility systems, assembly of multiple or expandable units, and
				final grade and water control, and is in addition to the issuance of any
				license required pursuant to W. Va. Code §21-9-1
et
				seq
.
3.25. "Masonry
				contractor" means a contractor whose principal business is the installation of
				brick, concrete block, stone, marble, slate, or other units and products common
				to the masonry industry, with or without mortar, including the installation of
				grout, caulking, tuck pointing, sand blasting, mortar washing, pargeting,
				cleaning, and welding of reinforcement steel related to masonry
				construction.
3.26. "Multifamily
				residential structure," as used in W. Va. Code §30-42-3(j), means a
				structure containing two or more contiguous residential units.
3.27. "Posting of the license," as used in W.
				Va. Code §30-42-6(b), means keeping a copy of each contractor's valid
				license on every job site where contracting work is being performed so that the
				license is readily available for inspection by the Board or, upon request, by
				the general public.
3.28.
				"Qualifier" means the individual who qualifies an entity for licensure by
				obtaining a passing score on any required examinations. A qualifier must be a
				member of the responsible management of the entity as defined in 3.31 of this
				section or a full-time employee of the entity as defined in 3.18 of this
				section. A qualifier must submit an affidavit to the Board affirming the use of
				his or her examination score in order for the entity to obtain an initial
				license or to add an additional classification to an existing license. An
				entity may have multiple qualifiers.
3.29. "Remodeling and repair contractor"
				means a contractor whose principal business is the general remodeling,
				additions, and repairs to existing structures requiring the use of two or more
				classifications where the cost of the undertaking does not exceed $40,000 and
				includes all rough and finish general carpentry work, the installation of
				related hardware and accessories, and all minor repairs and replacement of
				pre-manufactured items on existing structures.
3.30. "Residential contractor" means a
				contractor whose principal business is in connection with the construction,
				repair, or improvement of real property used as, or intended to be used for,
				residential occupancy. A residential contractor is considered licensed for all
				classifications required in the construction, repair, or improvement of a
				residential structure, as defined in W. Va. Code §30-42-3(q).
3.31. "Responsible management" means officers
				of a corporation, partners of a general partnership, managers of a limited
				liability company, managing partners of a limited partnership or limited
				liability partnership, sole proprietor/owner of a sole proprietorship, or other
				individuals in other business entities recognized under the laws of this state
				as having a fiduciary responsibility to the entity.
3.32. "Speculative sale or lease," as used in
				W. Va. Code §30-42-6(c)(7), means contracting work that is undertaken with
				the intent to sell or lease the property to any person other than the
				employer.
3.33. "Sprinkler and fire
				protection contractor" means a contractor engaged in the installation, repair,
				or maintenance of fire suppression systems, including water sprinkler and
				chemical systems.
3.34. "Structural
				steel erection contractor" means a contractor engaged in the erection of
				structural steel connected, attached, or joined by riveting, welding, rigging,
				or fastening devices, for buildings and other structures.
3.35. "Swimming pool," as used in W. Va. Code
				§30-42-3(g), means a public swimming pool as defined by the International
				Swimming Pool and Spa Code adopted by the State Fire Commission in W. Va. Code
				St. R. §87-4-1
et seq
.
3.36. "Undertaking" means the entire
				construction project, including the cost of all labor and materials required to
				accomplish it.
3.37. "Unlicensed
				person" means a person or entity performing contracting work for which a
				license is required but who does not possess a valid license.
3.38. "Utilities contractor" means a
				contractor whose principal business is the installation of water and sewer
				lines on private projects to both residential and commercial
				structures.
3.39. "Valid license"
				means a current license issued by the Board to a person or entity to perform
				specified contracting work in this state as set forth in the Act and this
				rule.
3.40. "Vice-Chair" means the
				individual elected by the Board to be its
				Secretary.