Title of Regulation: 18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-10, 18VAC50-30-120, 18VAC50-30-130, 18VAC50-30-210, 18VAC50-30-220, 18VAC50-30-230, 18VAC50-30-250, 18VAC50-30-260; adding 18VAC50-30-270; repealing 18VAC50-30-73, 18VAC50-30-75, 18VAC50-30-240).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information:

October 30, 2023 - 9:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, 2nd Floor Conference Center, Training Room 2, Richmond, Virginia 23233

Public Comment Deadline: December 8, 2023.

Agency Contact: Marjorie King, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractor@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia requires the Board for Contractors to establish the qualifications of applicants for certification or licensure and promulgate regulations. Section 54.1-1102 of the Code of Virginia enumerates the legal authority for the board to administer the licensure and certification programs for tradesmen, gas fitters, liquefied petroleum gas fitters, natural gas fitter providers, water well systems providers, elevator mechanics, residential building energy analysts, backflow prevention device workers, and automatic fire sprinkler inspectors.

Purpose: The General Assembly has charged the board with the responsibility for regulating those who (i) engage, or offer to engage, in work as a tradesman (electrician, plumber, and HVAC technician), gas fitter, liquefied petroleum gas fitter, or natural gas fitter provider; (ii) engage in the drilling, installation, maintenance, or repair of a water well or water well system; (iii) engage in, or offer to engage in, work as an elevator mechanic or accessibility mechanic; (iv) engage in, or offer to engage in, work as a residential building energy analyst; (v) present themselves as a certified backflow prevention device worker; and (vi) perform or offer to perform inspections of automatic fire sprinkler systems, by requiring that such individuals obtain the appropriate licensure or certification.

The performing of trade-related work by those who lack sufficient expertise poses a risk to the public health, safety, and welfare. These risks include the potential for significant damage to property, personal injury, and death. In addition, the improper performing of trade-related work can pose a substantial risk of financial harm to property owner who will be responsible for assuming costs to correct or complete work that is defective. The board protects the public health, safety, and welfare by establishing through regulation the minimum qualifications for entry into the profession, as well as the minimum standards of conduct.

Substance: The proposed amendments (i) remove the definition for "inactive tradesman" as it is no longer necessary; (ii) repeal requirements pertaining to the activation and inactivation of tradesmen licenses are repealed as no longer necessary. Since the period of licensure for a tradesman license is currently three years, these provisions are no longer applicable, as an individual license may only be on inactive status for a maximum of three years; (iii) add a new provision that allows an individual who failed to reinstate a license to be deemed eligible to re-take the license examination in the same category and specialty as the expired license; (iv) remove the provision requiring a training provider to receive board approval of the training course subject prior to offering the course; (v) remove the requirement that student records and course completion information sent to the board contain a student's social security number to comport with federal requirements regarding use of social security numbers; (vi) repeals the requirement for posting of continuing education (CE) provider and CE course certificates of approval at the location where a course is taught; and (vii) add a new section stating that the board may conduct an audit of any board-approved education course to ensure compliance with the regulation.

Issues: The primary advantages to the public and the regulated community are that the amendments to the regulation (i) update and clarify the regulation, (ii) ensure the regulation complements current Virginia law and is clearly written and understandable, and (iii) remove requirements in the regulation pertaining to renewal and reinstatement of licenses and certificates, and continuing education that are not necessary to protect the public welfare. There are no identifiable disadvantages to the public. The primary advantage of the regulatory change to the Commonwealth is that it will permit the agency to administer more ably the licensure program. There are no identifiable disadvantages to the Commonwealth.

The Department of Planning and Budget's Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Contractors (board) proposes to (i) eliminate "inactive" licensure status, (ii) allow continuing education providers to start teaching material prior to full board approval, and (iii) make several clarifying changes to the regulatory language.

Background. As a result of Executive Order 19,² the board started this regulatory action with the intent of repealing any continuing education requirements that are not required by statute for all professions regulated by the board, which include tradesman licensed to perform electrical, plumbing, heating, ventilation, and cooling, gas fitting, liquefied petroleum gas fitting, and natural gas fitting work. However, after receiving public comments in opposition, the board has decided to not take any action on the continuing education requirements.

Of the remaining changes in this action, two would represent a change from current practices. These include (i) removal of language pertaining to activation and inactivation of tradesman licenses; and (ii) removal of the provision which requires a training provider to receive board approval of the training course subject prior to offering the course.

All of the other remaining changes in this action are clarifications of existing requirements reflecting current practices, including (i) clarification that individuals who failed to reinstate a license are deemed eligible to re-take the license examination in the same category and specialty as the expired license; (ii) repeal of the posting requirement for continuing education providers that course certificates of approval be available at the location a course is taught as the board determined that the requirements of this section are unnecessary and burdensome; and (iii) addition of a new section providing that the board may conduct an audit of any board-approved education course to ensure compliance with the regulation. According to the board, it has the inherent authority to audit approved training courses.

Another clarifying change involves removal of the requirement that continuing education student records and course completion information that is sent to the board contain a student's social security number. The board reports that a public comment was received from an individual who was concerned about the transmission of full social security numbers from education providers to the board. Following the comment, board staff determined as of August 2021, that education providers no longer need to submit social security numbers, but instead should provide either (i) the student's board issued license number; (ii) a driver's license number; or (iii) Department of Motor Vehicles control number to identify the student. In essence, this proposed change conforms the regulation to current agency practice.

Estimated Benefits and Costs. One of the proposed changes would repeal language pertaining to activation and inactivation of tradesman licenses, which would eliminate the currently available "inactive" license status. Under the current language, the Department of Occupational Professional Regulation (DPOR) reports that an individual license may be on inactive status for a maximum of three years. The main benefits of the inactive status are that the tradesman does not have to pay certain costs: (i) the renewal fee, which is $135 for tradesman and $90 for all other occupations (e.g. fitters, mechanics, etc.), and (ii) the cost of continuing education, which is estimated to cost approximately $90 per renewal cycle.

According to DPOR, Chapter 750 of the 2018 Acts of Assembly³ changed the license renewal cycle from two-years to three-years. DPOR states that this legislative change reduced the benefit of being on inactive status by reducing the number of renewal cycles a tradesman could be on inactive status. For example, with the previous two-year renewal cycle, a tradesman benefited from inactive status by avoiding these costs for three years, which was 1.5 renewal cycles. But with the new three-year renewal cycle, a tradesman could avoid these costs for only one renewal cycle.

This change would remove the option to place a license on inactive status and would likely force some tradesman to renew their licenses and pay the renewal fee plus the cost of continuing education. DPOR reports that since August 1, 2020, there have only been ten transactions where a license was placed on inactive status and there are currently seven tradesman licenses that are in a "current" but "inactive" status. In addition to the additional revenue DPOR would receive from renewal fees, and the revenue continuing education providers would receive from those who would have been on inactive status; this change would likely provide some administrative savings to the agency because the process for inactive license status would be eliminated.

The second change that would depart from current practice is the removal of the provision that requires a training provider to receive board approval of the training course subject prior to offering the course. Under the current regulation, an education provider is not permitted to provide instruction until the course is approved by the board. The proposed change would permit an education provider to begin providing instruction pending board approval.

The approval process starts with staff review followed by presentation of the application to the board subcommittee that reviews education applications. Once the subcommittee is ready to recommend the application to the full board, final consideration takes place. According to DPOR, the proposed change would allow education providers to start teaching a new class about two to three months prior to the full board approval. However, in exchange for the additional flexibility to start teaching a class earlier than otherwise would be, the education provider and students would be taking a risk in the event the board does not follow the subcommittee recommendation. However, the board staff states that would be very unlikely and the board has never denied an application for approval. Moreover, the proposed amendment allows but does not require the education providers to start teaching material prior to the board approval.

All of the remaining changes appear to be clarifications of current requirements and existing practices and are not expected to create any significant economic impact other than improving the clarity of the regulatory language.

Businesses and Other Entities Affected. This regulation applies to 30,188 licensed individuals and 287 education providers based on data as of May 1, 2023. The education providers include community colleges and private providers that offer continuing education. None of the entities appear to be disproportionately affected.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted, one of the proposed changes would remove the option to place a license on inactive status and may force a small number of licensees (approximately seven out of 30,188 licensees) to pay the $90 or $135 license renewal fee plus the $90 continuing education costs every three years. Thus, an adverse impact is indicated.

Small Businesses⁵ Affected.⁶ According to board staff, licenses and certifications issued under this regulation are issued to individuals and not to business entities. However, many licensees and certificate holders are likely owners or employees of business entities that meet the definition of "small business" in § 2.2-4007.1 of the Code of Virginia. In addition, continuing education providers are likely business entities that meet the definition of "small business" in § 2.2-4007.1 of the Code of Virginia. The actual number cannot be determined, and DPOR does not have any information on whether their regulants meet the definition of a small business.

The same as for non-small businesses, one of the proposed changes would remove the option to place a license on inactive status and may force a small number of licensees (approximately seven out of 30,188 licensees) to pay the $90 or $135 license renewal fee plus the $90 continuing education costs every three years. Thus, to the extent one or more of those seven licensees may be a small business, an adverse impact on them would be indicated.

Types and Estimated Number of Small Businesses Affected. DPOR does not have any data on whether any of the seven licenses on inactive status are small businesses.

Costs and Other Effects. One of the proposed amendments would remove the option to place a license on inactive status, which would force the licensee to renew the license at a cost of $90 or $135 and absorb $90 in continuing education costs every three years.

Alternative Method that Minimizes Adverse Impact. There does not appear to be a clear alternative method that both reduces adverse impact and meets the intended policy goal.

Localities⁷ Affected.⁸ The proposed amendments neither introduce costs for local governments nor impose a disproportional impact.

Projected Impact on Employment. The proposed amendments do not appear to affect total employment.

Effects on the Use and Value of Private Property. No effect on the use and value of private property nor on the real estate development costs is expected.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²https://townhall.virginia.gov/EO-19-Development-and-Review-of-State-Agency-Regulations.pdf.

³https://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0750&181+ful+CHAP0750

⁴Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board for Contractors concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) remove the definition for "inactive tradesman" as it is no longer necessary; (ii) repeal requirements pertaining to the activation and inactivation of tradesmen licenses; (iii) add a new provision that allows an individual who failed to reinstate a license to be deemed eligible to re-take the license examination in the same category and specialty as the expired license; (iv) remove the provision requiring a training provider to receive board approval of the training course subject prior to offering the course; (v) remove the requirement that student records and course completion information sent to the board contain a student's social security number to comport with federal requirements regarding use of social security numbers; (vi) repeal the requirement for posting of continuing education (CE) provider and CE course certificates of approval at the location where a course is taught; and (vii) add a new section stating that the board may conduct an audit of any board-approved education course to ensure compliance with the regulation.

18VAC50-30-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Apprentice" means a person who assists tradesmen while gaining knowledge of the trade through on-the-job training and related instruction in accordance with the Virginia Voluntary Apprenticeship Act (§ 40.1-117 et seq. of the Code of Virginia).

"Backflow prevention device work" means work performed by a backflow prevention device worker as defined in § 54.1-1128 of the Code of Virginia (13VAC5-63).

"Building official/inspector" is an employee of the state, a local building department, or other political subdivision who enforces the Virginia Uniform Statewide Building Code (13VAC5-63).

"Certified accessibility mechanic" means an individual who is certified by the board who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators.

"Certified automatic fire sprinkler inspector" means an individual who is certified by this chapter and whose work includes the inspection of sprinkler systems as defined in Section 3.6.4 of NFPA 25 (2014 edition), including subsections 3.6.4.1 through 3.6.4.6.

"Certified elevator mechanic" means an individual who is certified by the board who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining elevators, escalators, or related conveyances in accordance with the Virginia Uniform Statewide Building Code.

"Department" means the Department of Professional and Occupational Regulation.

"Division" means a limited subcategory within any of the trades, as approved by the department.

"Electrical work" consists of, but is not limited to, the following: (i) planning and layout of details for installation or modifications of electrical apparatus and controls including preparation of sketches showing location of wiring and equipment; (ii) measuring, cutting, bending, threading, assembling, and installing electrical conduits; (iii) performing maintenance on electrical systems and apparatus; (iv) observation of installed systems or apparatus to detect hazards and need for adjustments, relocation, or replacement; and (v) repairing faulty systems or apparatus.

"Electrician" means a tradesman who does electrical work including the construction, repair, maintenance, alteration, or removal of electrical systems in accordance with the National Electrical Code and the Virginia Uniform Statewide Building Code.

"Formal vocational training" means courses in the trade administered at an accredited educational facility; or formal training, approved by the board, conducted by trade associations, businesses, the military, correspondence schools, or other similar training organizations.

"Gas fitter" means an individual who does gas fitting-related work usually as a division within the HVAC or plumbing trades in accordance with the Virginia Uniform Statewide Building Code. This work includes the installation, repair, improvement, or removal of liquefied petroleum or natural gas piping, tanks, and appliances annexed to real property.

"Helper" or "laborer" means a person who assists a licensed tradesman and who is not an apprentice as defined in this chapter.

"HVAC tradesman" means an individual whose work includes the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heating systems, boilers, process piping, backflow prevention devices, and mechanical refrigeration systems, including tanks incidental to the system.

"Inactive tradesman" means an individual who meets the requirements of 18VAC50-30-73 and is licensed under that section.

"Incidental" means work that is necessary for that particular repair or installation and is outside the scope of practice allowed to the regulant by this chapter.

"Journeyman" means a person who possesses the necessary ability, proficiency, and qualifications to install, repair, and maintain specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code and according to plans and specifications.

"Limited use/limited application endorsement" means an addition to the certification record of a certified accessibility mechanic authorizing the certificate holder to erect, construct, install, alter, service, repair, test, or maintain limited use/limited application elevators as defined by the Virginia Uniform Statewide Building Code.

"Liquefied petroleum gas fitter" means any individual who engages in or offers to engage in work for the general public for compensation in work that includes the installation, repair, improvement, alterations, or removal of piping, liquefied petroleum gas tanks, and appliances (excluding hot water heaters, boilers, and central heating systems that require a heating, ventilation and air conditioning, or plumbing certification) annexed to real property.

"Maintenance" means the reconstruction or renewal of any part of a backflow device for the purpose of maintaining its proper operation. This does not include the actions of removing, replacing, or installing, except for winterization.

"Master" means a person who possesses the necessary ability, proficiency, and qualifications to plan and lay out the details for installation and supervise the work of installing, repairing, and maintaining specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code.

"Natural gas fitter provider" means any individual who engages in, or offers to engage in, work for the general public for compensation in the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property, excluding new installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment that requires heating, ventilation, and air conditioning or plumbing certification.

"Periodic inspection" means to examine a cross connection control device in accordance with the requirements of the locality to be sure that the device is in place and functioning in accordance with the standards of the Virginia Uniform Statewide Building Code.

"Plumber" means an individual who does plumbing work in accordance with the Virginia Uniform Statewide Building Code.

"Plumbing work" means work that includes the installation, maintenance, extension, or alteration or removal of piping, fixtures, appliances, and appurtenances in connection with any of the following:

1. Backflow prevention devices;

2. Boilers;

3. Domestic sprinklers;

4. Hot water baseboard heating systems;

5. Hydronic heating systems;

6. Process piping;

7. Public or private water supply systems within or adjacent to any building, structure, or conveyance;

8. Sanitary or storm drainage facilities;

9. Steam heating systems;

10. Storage tanks incidental to the installation of related systems;

11. Venting systems; or

12. Water heaters.

These plumbing tradesmen may also install, maintain, extend, or alter the following:

1. Liquid waste systems;

2. Sewerage systems;

3. Storm water systems; and

4. Water supply systems.

"Regulant" means an individual (i) licensed as a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider or (ii) certified as a backflow prevention device worker, elevator mechanic, water well systems provider, or fire sprinkler inspector.

"Reinstatement" means having a license or certification card restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certification card for another period of time.

"Repair" means the reconstruction or renewal of any part of a backflow prevention device for the purpose of returning to service a currently installed device. This does not include the removal or replacement of a defective device by the installation of a rebuilt or new device.

"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, one of whom must be on the job site at all times during installation.

"Testing organization" means an independent testing organization whose main function is to develop and administer examinations.

"Trade" means any of the following: electrical, gas fitting, HVAC (heating, ventilation, and air conditioning), liquefied petroleum gas fitting, natural gas fitting, plumbing, and divisions within them.

"Water distribution systems" includes fire sprinkler systems, highway/heavy, HVAC, lawn irrigation systems, plumbing, or water purveyor work.

18VAC50-30-73. Licensing of inactive tradesmen. (Repealed.)

Any individual who is not currently employed as a licensed tradesman and who is not performing any of the activities defined in § 54.1-1128 of the Code of Virginia may be licensed as an inactive tradesman by completing a form provided by the board.

18VAC50-30-75. Activation of license. (Repealed.)

Any inactive tradesman may activate a license to practice as a tradesman by completing a form provided by the board and completing the continuing education requirements for the current licensing cycle. Any tradesman that has not had an active license for a period of greater than three years will be required to meet the current prelicensing eligibility criteria.

18VAC50-30-120. Renewal.

A. Licenses issued under this chapter to electricians, gas fitters, HVAC tradesmen, or plumbers shall will expire three years from the last day of the month in which they were issued as indicated on the license.

B. All other licenses and certification cards issued under this chapter shall will expire two years from the last day of the month in which they were issued as indicated on the license or certification card.

C. Effective with all licenses issued or renewed after December 31, 2007, as As a condition of renewal or reinstatement and pursuant to § 54.1-1133 of the Code of Virginia, all individuals holding tradesman licenses with the trade designations of plumbing, electrical, and heating ventilation and cooling shall be required to must satisfactorily complete three hours of continuing education for each designation, and individuals holding licenses a license as a liquefied petroleum gas fitters and fitter, a natural gas fitter providers provider, or a gas fitter, one hour of continuing education, relating to the applicable building code changes, from a provider approved by the board in accordance with the provisions of this chapter. An inactive tradesman is not required to meet the continuing education requirements as a condition of renewal.

D. Certified elevator mechanics and certified accessibility mechanics, as a condition of renewal or reinstatement and pursuant to § 54.1-1143 of the Code of Virginia, shall be required to must satisfactorily complete eight hours of continuing education relating to the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) pertaining to elevators, escalators, and related conveyances. This continuing education will must be from a provider approved by the board in accordance with the provisions of this chapter.

E. Certified water well systems providers, as a condition of renewal or reinstatement and pursuant to § 54.1-1129.1 B of the Code of Virginia, shall be required to must satisfactorily complete eight hours of continuing education in the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction from a provider approved by the board in accordance with the provisions of this chapter.

F. Certified automatic fire sprinkler inspectors, as a condition of renewal and pursuant to § 54.1-1148 of the Code of Virginia, shall be required to must satisfactorily complete eight hours of continuing education relating to changes and knowledge of the Virginia Statewide Fire Prevention Code (13VAC5-51). No renewal will be permitted once 30 days from the expiration date have passed. After that date, the applicant must apply for a new certification and meet the current entry requirements.

G. Renewal fees are as follows:

Tradesman license	$135
Liquefied petroleum gas fitter license	$90
Natural gas fitter provider license	$90
Backflow prevention device worker certification	$90
Elevator mechanic certification	$90
Certified accessibility mechanic	$90
Certified automatic fire sprinkler inspector	$90
Water well systems provider certification	$90
Residential building energy analyst license	$90

All fees are nonrefundable and shall will not be prorated.

Tradesman license renewal fees received on or before August 31, 2025, shall be $100. For all other renewal fees received on or before August 31, 2025, the fee shall be $70.

H. The board will mail a renewal notice to the regulant outlining procedures for renewal. Failure to receive this notice, however, shall will not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a photocopy copy of the tradesman license or backflow prevention device worker certification card may be submitted with the required fee as an application for renewal within 30 days of the expiration date.

I. The date on which the renewal fee is received by the department or its agent will determine whether the regulant is eligible for renewal or required to apply for reinstatement.

J. The board may deny renewal of a tradesman license or a backflow prevention device worker certification card for the same reasons as it may refuse initial issuance or discipline a regulant. The regulant has a right to appeal request review of any such action by the board under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

K. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department such as, but not limited to, including renewal, reinstatement, or processing of a new application, or exam administration.

L. Residential building energy analysts, as a condition of renewal or reinstatement, shall must provide documentation of continued membership, in good standing, of a certifying organization approved by the board and proof of insurance as required in 18VAC50-30-40 I 4.

18VAC50-30-130. Reinstatement.

A. Should the Department of Professional and Occupational Regulation fail to receive the renewal application or fees Except as provided in 18VAC50-30-120 F, if all of the applicable requirements for renewal of the license or certification as specified in 18VAC50-30-120 are not completed within 30 days of the license or certification expiration date, the regulant will be required to apply for reinstatement of the license or certification card a reinstatement fee shall be required as established in subsection B of this section.

B. Reinstatement fees are as follows:

Tradesman license	$185*
Liquefied petroleum gas fitter license	$140*
Natural gas fitter provider license	$140*
Backflow prevention device worker certification	$140*
Elevator mechanic certification	$140*
Certified accessibility mechanic	$140*
Water well systems provider certification	$140*
Residential building energy analyst license	$140*
*Includes renewal fee listed in 18VAC50-30-120.

All fees required by the board are nonrefundable and shall will not be prorated.

Tradesman license reinstatement fees received on or before August 31, 2025, shall be $150. For all other reinstatement fees received on or before August 31, 2025, the fee shall be $120. This fee includes the renewal fee listed in 18VAC50-30-120.

C. Applicants for reinstatement shall meet the requirements of 18VAC50-30-30.

D. C. The date on which the reinstatement fee is received by the department or its agent will determine whether the license or certification card is reinstated or a new application is required.

E. In order to ensure that license or certification card holders are qualified to practice as tradesmen, gas fitters, liquefied petroleum gas fitters, natural gas fitter providers, backflow prevention device workers, elevator mechanics, water well systems providers, or residential building energy analysts, no reinstatement will be permitted once D. A license or certification may be reinstated for up to two years from following the expiration date has passed. After that date the applicant of the license. An individual who fails to reinstate the license or certification within 24 months after the expiration date must apply for a new license or certification card and meet the then current entry requirements in effect at the time of the submittal of the new application. Such individual will be deemed to be eligible to sit for the examination for the same category and specialty of license as the expired license.

F. E. Any tradesman, liquefied petroleum gas fitter, or natural gas fitter provider regulated activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia. Further, any person who holds himself out as a certified backflow prevention device worker, as defined in § 54.1-1128 of the Code of Virginia, or as a certified elevator mechanic or certified accessibility mechanic, as defined in § 54.1-1140 of the Code of Virginia, or as a water well systems provider as defined in § 54.1-1129.1 of the Code of Virginia, without the appropriate certification, may be subject to prosecution under Title 54.1 of the Code of Virginia. Any activity related to the operating integrity of an elevator, escalator, or related conveyance, conducted subsequent to the expiration of an elevator mechanic certification may constitute illegal activity and may be subject to prosecution under Title 54.1 of the Code of Virginia. Any individual who completes a residential building energy analysis, as defined in § 54.1-1144 of the Code of Virginia, subsequent to the expiration of a residential building energy analyst license may have engaged in illegal activity and may be subject to prosecution under Title 54.1 of the Code of Virginia.

G. F. The board may deny reinstatement of a license or certification card for the same reasons as it may refuse initial issuance license or certification or to discipline a regulant. The regulant has a right to appeal request further review of any such action by the board under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

H. G. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall will result in delaying or withholding services provided by the department, such as, but not limited to, including renewal, reinstatement, or processing of a new application, or exam administration.

18VAC50-30-210. Continuing education providers.

A. Application requirements for continuing education providers. Each provider of a building code-related continuing education course shall must submit an application for approval on a form provided by the board. The application shall must include but is not limited to:

1. The name of the provider;

2. Provider contact person, address and telephone number;

3. Course contact hours;

4. Schedule of courses, if established, including dates, time, and locations;

5. Name(s) Name of instructor(s) the instructor.

B. Continuing education providers shall must have their subject(s) subjects approved by the board prior to initially offering the course. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

C. All providers must establish and maintain a record for each student. The record shall must include the student's name and address, social security number or current individual license number, the course name and clock hours attended, the course syllabus or outline, the name or names of the instructor, the date of successful completion, and the board's course code. Records shall must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain class records for a minimum of five years.

18VAC50-30-220. Continuing education courses.

A. All courses offered by continuing education providers must be approved by the board and shall must cover articles of the current edition of the building code, including any changes, for the applicable license specialty or certification. For electrical tradesmen with the electrical specialty, the National Electrical Code; for plumbing tradesmen with the plumbing specialty, the International Plumbing Code; for HVAC tradesmen with HVAC specialty, the International Mechanical Code; for gas fitters fitter, liquefied petroleum gas fitters fitter, and natural gas fitters fitter provider tradesman, the International Fuel Gas Code. Courses offered by continuing education providers for elevator mechanics shall must cover articles of the current edition of the building code and other applicable laws governing elevators, escalators, or related conveyances. Courses offered by continuing education providers for accessibility mechanics shall must cover articles of the current edition of the building code and other applicable laws governing wheelchair lifts, incline chairlifts, dumbwaiters, and private residence elevators. Courses offered by continuing education providers for water well systems providers shall must cover the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction.

B. Approved continuing education providers shall must submit an application for course approval on a form provided by the board. The application shall must include but is not limited to:

1. The name of the provider and the approved provider number;

2. The name of the course;

3. The date(s) date, time(s) time, and location(s) location of the course;

4. Instructor information, including name, license number(s) number, if applicable, and a list of other appropriate trade designations;

5. Course and material fees;

6. Course syllabus.

C. Courses may be approved retroactively; however, no No regulant will receive credit toward the continuing education requirements of renewal until such approval is received from the board.

18VAC50-30-230. Reporting of course completion.

All continuing education providers shall must electronically transmit course completion data to the board in an approved format within seven days of the completion of each individual course. The transmittal will must include each student's name, social security number or current individual license number; the date of successful completion of the course; and the board's course code.

18VAC50-30-240. Posting continuing education provider and course certificates of approval. (Repealed.)

Copies of continuing education provider and course certificates of approval must be available at the location a course is taught.

18VAC50-30-250. Reporting of changes.

Any change in the information provided in 18VAC50-30-210 A must be reported to the board within 30 days of the change with the exception of changes in the schedule of courses, which must be reported within 10 days of the change. Failure to report the changes as required may result in the withdrawal of approval of a continuing education provider by the board.

18VAC50-30-260. Withdrawal of approval.

The board may withdraw approval of any continuing education provider for the following reasons:

1. The courses being offered no longer meet the standards established by the board.

2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.

3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by 18VAC50-30-210 C.

4. Failure to comply with 18VAC50-30-250.

18VAC50-30-270. Board authority to audit approved education courses.

The board may conduct an audit of any board-approved education course to ensure continued compliance with this chapter.