Current through Register Vol. XLI, No. 50, December 13, 2024
Section 28-2-3 - DefinitionsIn 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 §21-9-1et 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.