W. Va. Code R. § 42-19-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-19-6 - Licensure of Contractors/Installers and Transporter-Only Contractors

6.1. No person may engage in the business of a contractor in this state without a license. Each contractor who desires to engage in business in this state shall apply to the Board for a license. A contractor is required to maintain only one license. A contractor whose principal office or place of business is out of this state, but who desires to perform contractor services in this state, shall maintain a license.

6.2. A contractor's license is valid for up to one year and expires on June 30 of each year, unless sooner revoked or suspended by the Board.

6.3. Any contractor who desires to be licensed shall submit an initial application on forms supplied by the Board. Each application shall be accompanied by a fee of $125 and shall contain all information required by the Board, including, but not limited to:

6.3.1. The legal and trade name of the contractor;

6.3.2. The address of the contractor;

6.3.3. The phone number of the contractor;

6.3.4. The names and addresses of the owners, officers, and directors of the contractor;

6.3.5. Evidence of the contractor's legal authority to engage in business in this state, including compliance with the West Virginia Contractor Licensing Act, W. Va. Code § 30-42-1et seq.;

6.3.6. Proof of payment to the Recovery Fund as specified in section 15 of this rule; and

6.3.7. A notarized affidavit stating compliance with all applicable federal standards, provisions of the Act, and rules of the Board signed by a responsible officer or person with full legal authority to bind the applicant to its terms.

6.4. Any contractor currently licensed in this state shall submit an application for licensure renewal on or before June 30 of each year. Any renewal application is a valid license for a period of 30 days, unless sooner rejected by the Board. The application shall be accompanied by a renewal fee of $125 and shall contain all information required by the Board as specified in 6.3 of this section.

6.5. The Board shall grant or refuse any initial or renewal application for a contractor's license within 30 days after a proper and complete application has been filed. If any application is found by the Board not to constitute a proper and complete application, the Board may request additional information.

6.6. The Board shall grant an initial or renewal contractor's license if the contractor sufficiently demonstrates each of the following:

6.6.1. The contractor's adequate financial capacity;

6.6.2. The contractor's record of compliance with any lawful orders of the Board or other equivalent agency for any other jurisdiction, including the lack of revocation, suspension, or limitation on the contractor's license in this state or other jurisdiction; and

6.6.3. The contractor's compliance with all applicable federal standards, provisions of the Act, and rules of the Board.

6.7. Each contractor shall conspicuously display its license at its business location and at any worksite where the contractor is performing services and the license number shall be included in all advertisements.

6.8. A contractor's license is not transferable. Any change in the person holding the license, including a change in the ownership of a sole proprietorship, a change of a partner in a partnership, or the creation of a new corporate or other business entity, requires a new license.

6.9. A contractor involved solely in the transportation of manufactured homes to the occupancy site, and who is not regulated by the West Virginia Public Service commission, may apply for a "transporter only" contractor license.

6.9.1. A transporter shall meet the general requirements of a contractor but is not required to participate in payment to the Recovery Fund as specified in section 15 of this rule.

6.9.2. In lieu of Recovery Fund participation, the transporter shall maintain an insurance policy approved by the Board and obtained from an insurer authorized to conduct business in this state in the amount of not less than $50,000 for each manufactured home transported and $500,000 in the aggregate. The policy shall insure the transporter against liability for damages to a manufactured home in the transit process.

6.9.3. The insurer shall provide the Board with at least 30 days' notice of any intent of cancellation, suspension, or non-renewal of the policy.

W. Va. Code R. § 42-19-6