Chapter 553-4 QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION
| (1) |
An individual person seeking issuance of
a Georgia license in his or her own name for purposes of engaging in the
profession of general contracting in his or her own name or doing business as
an individual in a trade name as a sole proprietorship shall file an
application on a form provided by the general contractor division, accompanied
by an application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the general contractor division requirements and regulations for
licensure pursuant to Code Section
43-41-8
exempting such applicant from the examination requirement. |
| (3) |
A person shall be eligible for licensure
as a general contractor by the general contractor division if the person:
| (a) |
Is at least 21 years of age; |
| (b) |
Is of a good character and is otherwise
qualified as to competency, ability, and integrity, and financial
responsibility; and |
| (c) |
Meets
eligibility requirements according to one of the following criteria:
| 1. |
Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a general contractor or other proven
experience deemed substantially similar by the division; |
| 2. |
Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a general
contractor, or other proven experience deemed substantially similar by the
division equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or |
| 3. |
Has a total of at least four
years of proven active experience working in a construction industry related
field, at least two of which shall have been as or in the employment of a
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division. |
|
| (d) |
In
order to satisfactorily prove (a), (b) and (c) above, each applicant must swear
on the application for licensure that the applicant satisfies each requirement
and submit satisfactory proof of such when and where directed to do so by the
application. Applicants seeking to engage in general contracting shall affirm a
minimum net worth in the amount of $150,000. Additionally, in completing the
application and submitting it to the general contractor division, the applicant
consents to the division performing a background check, including a criminal
history, on the applicant if the division so chooses. |
|
| (4) |
Before being entitled to take an
examination or otherwise qualify for issuance of a license, an applicant must
show to the satisfaction of the general contractor division from the
application and proofs furnished that the applicant is possessed of a good
character and is otherwise qualified as to competency, ability, integrity, and
financial responsibility. Much proof of this will come as detailed in (3)(d)
above. Additionally, the application shall include a list of all persons,
entities, and business organizations that the applicant will be affiliated with
as a licensed general contractor, whether by way of employment, ownership,
serving as an owner or director, partnership, or membership or by serving as a
qualifying agent under this chapter. Additionally, all applicants shall provide
satisfactory proof of general liability insurance in an amount not less than
$500,000 and of workers´ compensation insurance as required by the laws
of this state in their name. All applicants shall also provide their social
security numbers. Applicants shall also provide suitable verification of tax
payments in a form and manner and for the duration prescribed by the general
contractor division. Such proof of verification shall be submitted by the
applicant as directed by the application for licensure and any form(s) that
might accompany the application. The decision of the general contractor
division as to the qualifications of applicants shall be conclusive. A
certificate by the insurer or other appropriate evidence of such coverages
shall be maintained with the general contractor division and shall be a
condition of renewal. A licensee, on his or her own behalf, must notify the
general contractor division in writing within 30 days of any changes in the
information required to be on file with such division, including, but not
limited to, the licensee's current mailing address, insurance coverages, and
affiliated entities. |
| (5) |
| (a) |
The general contractor division shall
cause to be conducted an examination of all qualified applicants, except those
exempted from the examination requirement pursuant to Code Section
43-41-8. |
| (b) |
The general contractor division shall
cause to be conducted an examination to ascertain the particular applicant's
ability to make a practical application of his or her knowledge of the
profession of commercial general contracting; the applicant's qualifications in
reading plans and specifications; his or her knowledge of building codes,
estimating costs, construction, ethics, contracting, and other similar matters
pertaining to the general contracting business; his or her knowledge as to the
responsibilities of a general contractor to the public and to owners,
subcontractors, and suppliers; and his or her knowledge of the requirements of
the laws of this state relating to general contractors, construction, workers'
compensation, insurance, surety bonding, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the general contractor division, or he or she
is exempted from the examination requirement under Code Section
43-41-8,
and if he or she has met the other qualifications and requirements set forth in
this Code section, then the general contractor division shall issue to the
applicant a license to engage in business as a general contractor in this
state, as provided in such license, in his or her own name as a sole
proprietor, pursuant to and in accordance with the requirements set forth in
Code Section
43-41-9. |
|
| (6) |
Any otherwise qualified applicant failing
this examination may be reexamined at any regularly scheduled examination
within one year of the date of original application upon payment of a
reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
A general contractor license shall be
issued to an applicant who successfully completes the requirements therefore
upon the payment of fees prescribed by the board. |
| (1) |
An individual person affiliated by
ownership or employment with and acting as a qualifying agent for a business
organization seeking to engage in the profession of general contracting in the
name of the business organization in accordance with and pursuant to Code
Section
43-41-9
shall file an application on a form provided by the general contractor
division, accompanied by an application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the general contractor division requirements and regulations for
licensure pursuant to Code Section
43-41-8
exempting such applicant from the examination requirement or where the
applicant is an individual acting as a qualifying agent for a business
organization and has previously obtained and maintained continuously a license
issued by the general contractor division. |
| (3) |
A person shall be eligible for licensure
as a general contractor by the general contractor division if the person:
| (a) |
Is at least 21 years of age; |
| (b) |
Is of a good character and is otherwise
qualified as to competency, ability, and integrity and financial
responsibility; and |
| (c) |
Meets
eligibility requirements according to one of the following criteria:
| 1. |
Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a general contractor or other proven
experience deemed substantially similar by the division; |
| 2. |
Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a general
contractor, or other proven experience deemed substantially similar by the
division equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or |
| 3. |
Has a total of at least four
years of proven active experience working in a construction industry related
field, at least two of which shall have been as or in the employment of a
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division. |
|
| (d) |
In
order to satisfactorily prove (a), (b) and (c) above, each applicant must swear
on the application for licensure that the applicant satisfies each requirement
and submit satisfactory proof of such when and where directed to do so by the
application. Applicants acting as a qualifying agent for a business
organization seeking to engage in general contracting, shall affirm that the
business organization possesses a minimum net worth in an amount of $150,000.
Additionally, in completing the application and submitting it to the general
contractor division, the applicant consents to the division performing a
background check, including a criminal history, on the applicant if the
division so chooses. |
|
| (4) |
Before being entitled to take an examination or otherwise qualify for issuance
of a license, an applicant must show to the satisfaction of the general
contractor division from the application and proofs furnished that the
applicant is possessed of a good character and is otherwise qualified as to
competency, ability, integrity, and financial responsibility. Much proof of
this will come as detailed in (3)(d) above. Additionally, the application shall
include a list of all persons, entities, and business organizations that the
applicant will be affiliated with as a licensed general contractor, whether by
way of employment, ownership, serving as an owner or director, partnership, or
membership or by serving as a qualifying agent under this chapter.
Additionally, all applicants shall provide satisfactory proof of general
liability insurance in an amount not less than $500,000 and of workers´
compensation insurance as required by the laws of this state in their name. All
applicants shall also provide the federal taxpayer identification numbers of
any business organization for which the applicant is seeking licensure as a
qualifying agent. Applicants shall also provide suitable verification of tax
payments by the business organization in a form and manner and for the duration
prescribed by the general contractor division. Such proof of verification shall
be submitted by the applicant as directed by the application for licensure and
any form(s) that might accompany the application. The decision of the general
contractor division as to the qualifications of applicants shall be conclusive.
A certificate by the insurer or other appropriate evidence of such coverages
shall be maintained with the general contractor division and shall be a
condition of renewal. A licensee, where acting as a qualifying agent on behalf
of the business organization so qualified, must notify the general contractor
division in writing within 30 days of any changes in the information required
to be on file with such division, including, but not limited to, the business
organization's current mailing address, insurance coverages, and affiliated
entities. |
| (5) |
| (a) |
The general contractor division shall
cause to be conducted an examination of all qualified applicants, except those
exempted from the examination requirement pursuant to Code Section
43-41-8. |
| (b) |
The general contractor division shall
cause to be conducted an examination to ascertain the particular applicant's
ability to make a practical application of his or her knowledge of the
profession of commercial general contracting; the applicant's qualifications in
reading plans and specifications; his or her knowledge of building codes,
estimating costs, construction, ethics, contracting, and other similar matters
pertaining to the general contracting business; his or her knowledge as to the
responsibilities of a general contractor to the public and to owners,
subcontractors, and suppliers; and his or her knowledge of the requirements of
the laws of this state relating to general contractors, construction, workers'
compensation, insurance, surety bonding, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the general contractor division, or he or she
is exempted from the examination requirement under Code Section
43-41-8,
and if he or she and any affiliated business organization has met the other
qualifications and requirements set forth in this Code section, then the
general contractor division shall issue to the applicant a license to engage in
business as a general contractor in this state, as provided in such license, in
his or her own name as a qualifying agent for the affiliated business
organization and in the name of such business organization, pursuant to and in
accordance with the requirements set forth in Code Section
43-41-9. |
|
| (6) |
Any otherwise qualified
applicant failing this examination may be reexamined at any regularly scheduled
examination within one year of the date of original application upon payment of
a reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
A general contractor license shall be
issued to an applicant who successfully completes the requirements therefore
upon the payment of fees prescribed by the board. |
| (1) |
Where an applicant under Chapter 41 of
O.C.G.A., Title 43 is seeking issuance of a general contractor license on
behalf and for the benefit of a business organization seeking to engage in
general contracting as a business organization, or in any name other than the
applicant's legal name or trade name where the applicant is doing business as a
sole proprietorship, the application for a license under Chapter 41 of
O.C.G.A., Title 43 must be submitted by and through an individual qualifying
agent for such business organization or entity and expressly on behalf of such
business organization or entity. In such case, the license shall be issued to
the individual qualifying agent and to the affiliated business organization or
entity on whose behalf the application was made. It shall be unlawful for any
person, firm, corporation, or association to operate a business organization or
entity engaged in the business of general contracting after July 1, 2007,
without first obtaining a license from the general contractor division, except
as provided for in O.C.G.A. § 43-41-17(b). The
general contractor division shall not issue a license to any business
organization or entity to engage in general contracting unless such business
organization or entity employs at least one currently licensed general
contractor who is actually engaged in the practice of general contracting for
such business organization or entity on a full-time basis and provides adequate
supervision and is responsible for the projects of such business organization
or entity. A business organization may allow more than one person to act as a
qualifying agent for such organization, subject to each such individual
qualifying agent having successfully satisfied the requirements for issuance of
a license under Chapter 41 of O.C.G.A., Title 43 and having obtained issuance
of such a license by the general contractor division. Each such business
organization shall have at least one qualifying agent in order to be considered
authorized to engage in such contracting business. |
| (2) |
The application for a license by a
qualifying agent must include an affidavit on a form provided by the board
attesting that the individual applicant has final approval authority for all
construction work performed by the business organization or entity and that the
individual applicant has final approval authority on all business matters,
including contracts and contract performance and financial affairs of the
business organization or entity. The affidavit will be on a form included with
the application for licensure and must be signed by an authorized agent of the
business organization who possesses binding authority for the business
organization. |
| (3) |
If, during the
period encompassed by a license issued to a qualifying agent acting for and on
behalf of an affiliated business organization, there is a change in any
information that is required to be stated on the application, the business
organization shall, within 45 days after such change occurs, submit the correct
information to the general contractor division. |
| (4) |
| (a) |
At
least one qualifying agent shall be licensed under this chapter in order for
the business organization to obtain a license as a general contractor. If any
qualifying agent ceases to be affiliated with such business organization, for
any reason, he or she shall so inform the general contractor division within 45
days. In addition, if such qualifying agent is the only qualifying agent
licensed hereunder affiliated with the business organization, the business
organization shall notify in writing within 45 days the general contractor
division of the termination of the relationship with that qualifying agent and
shall have 120 days from the termination of the qualifying agent's affiliation
with the business organization to employ another qualifying agent and submit an
application for licensure under the new qualifying agent. The submission of
such application shall serve to maintain the licensed status of the business
organization pending and subject to approval of such application by the general
contractor division; provided that, should such application be denied by that
division, then, after passage of the 120 day period, the business organization
shall cease to be considered licensed as a general contractor unless and until
a new application is submitted and approved by the general contractor division.
In such circumstance, the affected business organization may not thereafter
engage in general contracting until a new qualifying agent is employed, unless
the general contractor division has granted a temporary nonrenewable license to
the financially responsible officer, the president or chief executive officer,
a partner, or, in the case of a limited partnership, the general partner, who
thereafter shall assume all responsibilities of a qualifying agent for the
business organization or entity. This temporary license shall only allow the
entity to proceed with incomplete contracts already in progress. For the
purposes of this paragraph, an incomplete contract is one which has been
awarded to, or entered into, by the business organization prior to the
cessation of affiliation of the qualifying agent with the business organization
or one on which the business organization was the low bidder and the contract
is subsequently awarded, regardless of whether any actual work has commenced
under the contract prior to the qualifying agent ceasing to be affiliated with
the business organization. |
| (b) |
The
qualifying agent shall inform the general contractor division in writing when
he or she proposes to engage in general contracting in his or her own name or
in affiliation with another business organization, and he or she or such new
business organization shall supply the same information to the division as
required of applicants under Chapter 41 of O.C.G.A., Title 43. Such person
shall be deemed to be a licensed general contractor for the original term of
his or her license, provided that he or she qualified for such license based on
his or her own personal qualifications as to financial responsibility and
insurance. Otherwise, such individual shall be required to submit a new
application demonstrating satisfaction of such financial and insurance
requirements himself or herself or by the business organization he or she
desires to qualify, but such person shall be entitled to continue engaging in
the business of general contracting in accordance with and under his or her
previously issued license unless and until the general division determines that
the person seeking issuance of the license no longer meets these
requirements. |
| (c) |
Upon a favorable
determination by the division having jurisdiction, after investigation of the
financial responsibility, if applicable, and insurance of the qualifying agent
and the new business organization, the division shall issue, without an
examination, a new license in the name of the qualifying agent and in the name
of the new affiliated business organization. |
|
| (5) |
Disciplinary action and other sanctions
provided in this chapter may be administered against a business organization
operating under a license issued through its licensed qualifying agent or
agents in the same manner and on the same grounds as disciplinary actions or
sanctions against an individual or license holder acting as its qualifying
agent under this chapter. The division or the board may deny the license to a
qualifying agent for any business organization if the qualifying agent or
business organization has been involved in past disciplinary actions or on any
grounds for which individual licenses can be denied. |
| (6) |
Each qualifying agent shall pay the
general division an amount equal to the original fee for a license applied for
on behalf of a new business organization. If the qualifying agent for a
business organization desires to qualify additional business organizations, the
division shall require him or her to present evidence of the financial
responsibility, if applicable, and insurance of each such
organization. |
| (7) |
All qualifying
agents for a business organization are jointly and equally responsible for
supervision of all operations of the business organization, for all field work
at all sites, and for financial matters, both for the organization in general
and for each specific job for which his or her license was used to obtain the
building permit. |
| (8) |
Any change in
the status of a qualifying agent is prospective only. A qualifying agent shall
for purposes of application of Chapter 41 of O.C.G.A., Title 43 and the
enforcement and disciplinary mechanisms thereunder be and remain responsible
for his or her actions or omissions as well as those of the business
organization for which such person had acted as a qualifying agent occurring
during his or her period of service as such qualifying agent as and to the
extent set forth in this chapter. A qualifying agent is not responsible for his
or her predecessor's actions, but is responsible, even after a change in
status, for matters for which he or she was responsible while in a particular
status. Further, nothing in this rule shall be interpreted as a basis for
imposition of civil liability against an individual qualifying agent by any
owner or other third party claimant beyond the liability that would otherwise
exist legally or contractually apart from and independent of the individual's
status as a qualifying agent. |
A joint venture is considered a separate and distinct
organization for licensing purposes under this chapter and must be qualified
and licensed in accordance with the general contractor division's rules and
regulations either:
| (a) |
In its own
name as a separate business organization; or |
| (b) |
By each of the members of the joint
venture doing business as a general contractor holding, as an individual or as
a business organization acting through its qualifying agent, a valid and
current general contracting license issued by the general contractor division.
Each such licensed individual or qualifying agent shall be considered a
qualifying agent of such joint venture. It shall be unlawful for any person,
firm, corporation, or association to operate a business organization or entity
as a joint venture engaged in the business of general contracting after July 1,
2007, without first obtaining a license from the general contractor division,
except as provided for in O.C.G.A. § 43-41-17(b). |
| (1) |
An
individual person seeking issuance of a Georgia license in his or her own name
for purposes of engaging in the profession of general contracting at the
general contracting limited tier in his or her own name or doing business as an
individual in a trade name as a sole proprietorship shall file an application
on a form provided by the general contractor division, accompanied by an
application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division unless exempted from examination pursuant to O.C.G.A. § 43-41-8. |
| (3) |
A person shall be eligible for licensure
as a general contractor limited tier by the general contractor division if the
person:
| (a) |
Is at least 21 years of
age; |
| (b) |
Is of a good character and
is otherwise qualified as to competency, ability, and integrity, and financial
responsibility; and |
| (c) |
Meets
eligibility requirements according to one of the following criteria:
| 1. |
Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a general contractor or other proven
experience deemed substantially similar by the division; |
| 2. |
Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a general
contractor, or other proven experience deemed substantially similar by the
division equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or |
| 3. |
Has a total of at least four
years of proven active experience working in a construction industry related
field, at least two of which shall have been as or in the employment of a
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division. |
|
| (d) |
In
order to satisfactorily prove (a), (b) and (c) above, each applicant must swear
on the application for licensure that the applicant satisfies each requirement
and submit satisfactory proof of such when directed to do so by the
application. Applicants seeking to engage in limited tier general contracting
shall affirm a minimum net worth in the amount of $25,000. Additionally, in
completing the application and submitting it to the general contractor
division, the applicant consents to the division performing a background check,
including a criminal history, on the applicant if the division so
chooses. |
|
| (4) |
Before
being entitled to take an examination or otherwise qualify for issuance of a
license, an applicant must show to the satisfaction of the general contractor
division from the application and proofs furnished that the applicant is
possessed of a good character and is otherwise qualified as to competency,
ability, integrity, and financial responsibility. Much proof of this will come
as detailed in (3)(d) above. Additionally, the application shall include a list
of all persons, entities, and business organizations that the applicant will be
affiliated with as a licensed general contractor, whether by way of employment,
ownership, serving as an owner or director, partnership, or membership or by
serving as a qualifying agent under this chapter. Additionally, all applicants
shall provide satisfactory proof of general liability insurance in an amount
not less than $500,000 and of workers´ compensation insurance as required
by the laws of this state in their name. All applicants shall also provide
their social security numbers. Applicants shall also provide suitable
verification of tax payments in a form and manner and for the duration
prescribed by the general contractor division. Such proof of verification shall
be submitted by the applicant as directed by the application for licensure and
any form(s) that might accompany the application. The decision of the general
contractor division as to the qualifications of applicants shall be conclusive.
A certificate by the insurer or other appropriate evidence of such coverages
shall be maintained with the general contractor division and shall be a
condition of renewal. A licensee, on his or her own behalf, must notify the
general contractor division in writing within 30 days of any changes in the
information required to be on file with such division, including, but not
limited to, the licensee's current mailing address, insurance coverages, and
affiliated entities. |
| (5) |
The
general contractor division shall cause to be conducted an examination of all
qualified applicants, except those exempted from the examination requirement
pursuant to Code Section
43-41-8.
| (a) |
The general contractor division shall
cause to be conducted an examination to ascertain the particular applicant's
ability to make a practical application of his or her knowledge of the
profession of commercial general contracting; the applicant's qualifications in
reading plans and specifications; his or her knowledge of building codes,
estimating costs, construction, ethics, contracting, and other similar matters
pertaining to the general contracting business; his or her knowledge as to the
responsibilities of a general contractor to the public and to owners,
subcontractors, and suppliers; and his or her knowledge of the requirements of
the laws of this state relating to general contractors, construction, workers'
compensation, insurance, surety bonding, and liens. |
| (b) |
If the results of the applicant's
examination are satisfactory to the general contractor division, or he or she
is exempted from the examination requirement under Code Section
43-41-8,
and if he or she has met the other qualifications and requirements set forth in
this Code section, then the general contractor division shall issue to the
applicant a limited tier license to engage in business as a general contractor
in this state, as provided in such license, in his or her own name as a sole
proprietor, pursuant to and in accordance with the requirements set forth in
Code Section
43-41-9. |
|
| (6) |
Any otherwise qualified
applicant failing this examination may be reexamined at any regularly scheduled
examination within one year of the date of original application upon payment of
a reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
Upon the payment of fees prescribed by
the board, a limited tier general contractor license shall be issued to an
applicant who successfully completes the requirements for licensure. |
| (8) |
There is established a limited tier
general contractor license type that is limited as to any contract of no more
than one million dollars ($1,000,000.00). |
| (9) |
In order to move from the General
Contractor Limited tier to the General Contractor tier, a contractor must
submit an application for the General Contractor license and meet the financial
requirements and other requirements for that license type. |
| (10) |
Any Change Orders as defined in O.C.G.A.
§ 36-91-2
may not exceed the maximum amount allowed per contract for a project to be
completed. |
| (1) |
An
individual person affiliated by ownership or employment with and acting as a
qualifying agent for a business organization seeking to engage in the
profession of general contracting at the general contracting limited tier in
the name of the business organization in accordance with and pursuant to Code
Section
43-41-9
shall file an application on a form provided by the general contractor
division, accompanied by an application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division unless exempted from examination pursuant to O.C.G.A. § 43-41-8. |
| (3) |
A person shall be eligible for licensure
as a general contractor limited tier by the general contractor division if the
person:
| (a) |
Is at least 21 years of
age; |
| (b) |
Is of a good character and
is otherwise qualified as to competency, ability, and integrity and financial
responsibility; and |
| (c) |
Meets
eligibility requirements according to one of the following criteria:
| 1. |
Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a general contractor or other proven
experience deemed substantially similar by the division; |
| 2. |
Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a general
contractor, or other proven experience deemed substantially similar by the
division equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or |
| 3. |
Has a total of at least four
years of proven active experience working in a construction industry related
field, at least two of which shall have been as or in the employment of a
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division. |
|
| (d) |
In
order to satisfactorily prove (a), (b) and (c) above, each applicant must swear
on the application for licensure that the applicant satisfies each requirement
and submit satisfactory proof of such when and where directed to do so by the
application. Applicants acting as a qualifying agent for a business
organization seeking to engage in limited tier general contracting, shall
affirm that the business organization possesses minimum net worth in an amount
of $25,000. Additionally, in completing the application and submitting it to
the general contractor division, the applicant consents to the division
performing a background check, including a criminal history, on the applicant
if the division so chooses. |
|
| (4) |
Before being entitled to take an
examination or otherwise qualify for issuance of a license, an applicant must
show to the satisfaction of the general contractor division from the
application and proofs furnished that the applicant is possessed of a good
character and is otherwise qualified as to competency, ability, integrity, and
financial responsibility. Much proof of this will come as detailed in (3)(d)
above. Additionally, the application shall include a list of all persons,
entities, and business organizations that the applicant will be affiliated with
as a licensed general contractor, whether by way of employment, ownership,
serving as an owner or director, partnership, or membership or by serving as a
qualifying agent under this chapter. Additionally, all applicants shall provide
satisfactory proof of general liability insurance in an amount not less than
$500,000 and of workers´ compensation insurance as required by the laws
of this state in their name. All applicants shall also provide the federal
taxpayer identification numbers of any business organization for which the
applicant is seeking licensure as a qualifying agent. Applicants shall also
provide suitable verification of tax payments by the business organization in a
form and manner and for the duration prescribed by the general contractor
division. Such proof of verification shall be submitted by the applicant as
directed by the application for licensure and any form(s) that might accompany
the application. The decision of the general contractor division as to the
qualifications of applicants shall be conclusive. A certificate by the insurer
or other appropriate evidence of such coverages shall be maintained with the
general contractor division and shall be a condition of renewal. A licensee,
where acting as a qualifying agent on behalf of the business organization so
qualified, must notify the general contractor division in writing within 30
days of any changes in the information required to be on file with such
division, including, but not limited to, the business organization's current
mailing address, insurance coverages, and affiliated entities. |
| (5) |
The general contractor division shall
cause to be conducted an examination of all qualified applicants, except those
exempted from the examination requirement pursuant to Code Section
43-41-8.
| (a) |
The general contractor division shall
cause to be conducted an examination to ascertain the particular applicant's
ability to make a practical application of his or her knowledge of the
profession of commercial general contracting; the applicant's qualifications in
reading plans and specifications; his or her knowledge of building codes,
estimating costs, construction, ethics, contracting, and other similar matters
pertaining to the general contracting business; his or her knowledge as to the
responsibilities of a general contractor to the public and to owners,
subcontractors, and suppliers; and his or her knowledge of the requirements of
the laws of this state relating to general contractors, construction, workers'
compensation, insurance, surety bonding, and liens. |
| (b) |
If the results of the applicant's
examination are satisfactory to the general contractor division, or he or she
is exempted from the examination requirement under Code Section
43-41-8,
and if he or she and any affiliated business organization has met the other
qualifications and requirements set forth in this Code section, then the
general contractor division shall issue to the applicant a limited tier license
to engage in business as a general contractor in this state, as provided in
such license, in his or her own name as a qualifying agent for the affiliated
business organization and in the name of such business organization, pursuant
to and in accordance with the requirements set forth in Code Section
43-41-9. |
|
| (6) |
Any otherwise qualified
applicant failing this examination may be reexamined at any regularly scheduled
examination within one year of the date of original application upon payment of
a reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
Upon the payment of fees prescribed by
the board, a limited tier general contractor license shall be issued to an
applicant who successfully completes the requirements for licensure. |
| (8) |
There is established a limited tier
general contractor license type that is limited as to any contract of no more
than one million dollars ($1,000,000.00). |
| (9) |
In order to move from the General
Contractor Limited tier to the General Contractor tier, a contractor must
submit an application for the General Contractor license and meet the financial
requirements and other requirements for that license type. |
| (10) |
Any Change Orders as defined in O.C.G.A.
§ 36-91-2
may not exceed the maximum amount allowed per contract for a project to be
completed. |
| (1) |
As used in the rule:
| (a) |
"Military" means the United States armed
forces, including the National Guard; |
| (b) |
"Military spouse" means a spouse of a
service member or transitioning service member; |
| (c) |
"Service Member" means an active or
reserve member of the armed forces, including the National Guard. |
| (d) |
"Transitioning service member" means a
member of the military on active duty status or on separation leave who is
within 24 months of retirement or 12 months of separation. |
|
| (2) |
Effective July 1, 2017, military spouses
and transitioning service members may qualify for expedited processing of the
license application by showing that the applicant is a military spouse or
transitioning service member and that the applicant has paid the fee and meets
the requirements for a license under the law and rules for the type of license
for which the applicant has applied and in accordance with Title 43, Chapter
41. |
