Title of Regulation: 18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-10, 18VAC50-30-30, 18VAC50-30-41, 18VAC50-30-70, 18VAC50-30-90, 18VAC50-30-140 through 18VAC50-30-200; adding 18VAC50-30-25; repealing 18VAC50-30-20).

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

Public Hearing Information:

December 12, 2023 - 3 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, 2nd Floor Conference Center, Training Room 2, Richmond, Virginia 23233

Public Comment Deadline: January 5, 2024.

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 54.1-1102 of the Code of Virginia authorizes for the Board for Contractors 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. Section 54.1-201 of the Code of Virginia provides the powers and duties of regulatory boards, including to establish the qualifications of applicants for certification or licensure by any such board and to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the regulatory board.

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.

Substance: The proposed amendments (i) revise numerous terms that are used in the regulation, but which are already defined in statute; (ii) repeal 18VAC50-30-20 and replace it with a new section 18VAC50-30-25, which will provide for application procedures that reflects current agency practice and is consistent with application procedures for other Department of Professional and Occupational Regulation programs; (iii) clarify and simplify provisions pertaining to the disclosure of criminal convictions for consistency with § 54.1-204 of the Code of Virginia; (iv) revise the application fees; (v) provide that the expiration date of a reinstated tradesman is three years from the previous expiration date; (vi) clarify the board's authority to impose regulatory discipline; and (vii) clarify the prohibited acts enumerated in the section for which any violation may result in disciplinary action by the board and make the regulation more consistent with the provisions of § 54.1-204 of the Code of Virginia.

Issues: The primary advantages to the public and the regulated community are that the amendments to the regulation will update and clarify the regulatory provisions; reduce regulatory burdens, while still protecting the public health, safety, and welfare; and remove requirements in the regulation that are not necessary to protect the public welfare. There are no identifiable disadvantages to the public, regulated community, or the Commonwealth. The primary advantage of the regulatory change to the Commonwealth is that it will permit the agency to more ably administer the licensure program.

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. Pursuant to Executive Directive Number One (2022),² the Board for Contractors (board) proposes to clarify the regulatory language and repeal provisions that are no longer necessary.

Background. According to the Department of Professional and Occupational Regulation (DPOR), the initial impetus for this action was Executive Directive Number One (2022), which directs executive branch entities under the authority of the Governor "to initiate regulatory processes to reduce by at least 25 percent the number of regulations not mandated by federal or state statute..." In order to comply with the directive, the board proposes to amend this regulation to update definitions; ensure that the language reflects current agency procedures and practices; ensure the regulation compliments current Virginia law and is clearly written and understandable; and remove requirements in the regulation that are not necessary to protect the public welfare.

Estimated Benefits and Costs. One of the proposed changes would amend two provisions relating to a plea of nolo contendere for felony or misdemeanor charges. One current provision is prelicensure, and requires an applicant to disclose "a conviction, in any jurisdiction, of any felony or non-marijuana misdemeanor; the other provision is postlicensure, and includes in the list of prohibited acts any situation where a regulant has been convicted of any felony or of a misdemeanor involving lying, cheating or stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession." In both provisions, the current regulation states that a plea of nolo contendere is considered to be a conviction for the purposes of a disciplinary action by the board. However, the board states that treating nolo contendere pleas as prima facie evidence of guilt appears to be contrary to the provisions of § 54.1-204 of the Code of Virginia. Under the regulation, any conviction of a regulant must be considered in accordance with § 54.1-204 of the Code of Virginia. Although this provision has never been enforced by the board, its removal would be beneficial in that it would remove a potential conflict with statute and eliminate potential litigation costs if these provisions were enforced in the future.

All of the remaining changes to the regulation appear to be editorial in nature by clarifying or amending the language to reflect current practices. Thus, no economic impact is expected other than improving the understandability of the regulation.

Businesses and Other Entities Affected. Currently there are 31,844 licensed individuals (28,762 tradesman, 1,656 backflow prevention device workers, 968 elevator mechanics, 432 water well systems provers, and 26 accessibility mechanics) who are subject to this regulation. None of the licensed individuals appear to be disproportionately affected.

The Code of Virginia requires the DPB to assess whether an adverse impact may result from the proposed regulation.³ 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, the repeal of the provision regarding the nolo contendere pleas has never been enforced and would not be enforced because the board believes it contradicts the statute. Also, the remaining changes are editorial in nature. For these reasons, no adverse impact on any entity is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments do not disproportionately or particularly affect localities nor affect costs for local governments.

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

Effects on the Use and Value of Private Property. No effect on the use and value of private property or real estate development costs is expected.

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¹ Section 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.

² https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf

³ Pursuant 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.

⁴ Pursuant 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."

⁵ If 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.

⁶ "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.

⁷ Section 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) update and clarify provisions of the regulation, ensuring that the regulation reflects current agency procedures and practices; (ii) ensure the regulation compliments current Virginia law and is clearly written and understandable; (iii) remove requirements in the regulation that are not necessary to protect the public welfare; and (iv) reduce regulatory burdens, while still protecting the public health, safety, and welfare and include significant changes to definitions, application procedures, general requirements for licensure or certification, Board for Contractors disciplinary authority, and prohibited acts.

18VAC50-30-10. Definitions.

A. Section 54.1-1128 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Backflow prevention device worker"

"Board"

"Liquified petroleum gas fitter"

"Natural gas fitter provider"

"Tradesman"

"Water well systems provider"

B. Section 54.1-1140 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accessibility mechanic"

"Certified accessibility mechanic"

"Elevator mechanic"

"Limited use/limited application endorsement"

C. Section 54.1-1144 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited residential building energy analyst training program"

"Licensed residential building energy analyst"

"Residential building energy analysis"

D. 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).

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"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) for 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.

"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.

"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 automatic fire 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 the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63).

"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.

"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 performs the construction, repair, maintenance, alteration, or removal of electrical systems in accordance with the National Electrical Code and regulated under the Virginia Uniform Statewide Building Code (13VAC5-63).

"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 a tradesman who does performs gas fitting-related work usually as a division within the HVAC or plumbing trades in accordance with the regulated under Virginia Uniform Statewide Building Code. This Gas fitting related work includes the installation, repair, improvement, or removal of industrial gas, fuel gas, gaseous hydrogen, liquefied petroleum or natural gas piping, tanks, chimneys and vents, direct vents, equipment, 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 regulant.

"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 who performs the construction, repair, maintenance, alteration, or removal of HVAC systems regulated under the Virginia Uniform Statewide Building Code.

"HVAC work" means work that 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 a tradesman who does plumbing work in accordance with performs the construction, repair, maintenance, alteration, or removal of plumbing systems regulated under 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 gas fitter; or (ii) certified as a backflow prevention device worker, accessibility mechanic, 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 the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means continuing the effectiveness of a license or certification card for another period of time the process and requirements for periodically approving the continuance of a license.

"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 regulated activity.

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

18VAC50-30-20. Requirements for licensure or certification. (Repealed.)

Each applicant shall meet or exceed the requirements set forth in this section prior to issuance of the license or certification card.

The applicant shall be required to take an examination to determine his general knowledge of the regulated activity in which he desires licensure or certification. If the applicant successfully completes the examination, an application furnished by the department shall be completed. The application shall contain the applicant's name, home address, place of employment, and business address; information on the knowledge, skills, abilities and education or training of the applicant; and a statement certifying that the information on the application is correct. If the application is satisfactory to the board, a license or certification card shall be issued.

18VAC50-30-25. Application procedures.

A. All applicants seeking licensure or certification must submit an application with the appropriate fee specified in 18VAC50-30-90. Application must be made on forms provided by the board or the board's agent.

1. By submitting the application to the Department of Professional and Occupational Regulation, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. The receipt of an application and the deposit of the fees by the board do not indicate approval of the application by the board.

B. The board may make further inquires and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

C. The applicant will be notified of receipt of initial application if the application is incomplete. An individual who fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application.

18VAC50-30-30. General qualifications requirements for licensure or certification.

Every In addition to the applicable provisions of 18VAC50-30-40 and 18VAC50-30-41, every applicant to the Board for Contractors board for licensure or certification shall must meet the requirements and have the qualifications provided in this section.

1. The applicant shall be at least 18 years old.

2. Unless otherwise exempted, the The applicant shall meet the current educational requirements by passing all required courses prior to the time the applicant sits for the examination and applies for licensure or certification must submit an application on a form provided by the board and documentation of identification, vocational training, and experience.

3. Unless exempted, the applicant shall have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.

4. The applicant shall meet the experience requirements as set forth in 18VAC50-30-40.

5. 3. In those instances where the applicant is required to take the license or certification examination, the applicant shall must follow all rules established by the board with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination shall be grounds for denial of application.

6. 4. The applicant shall disclose the applicant's physical home address; a post office box alone is not acceptable must provide an address of record. A post office box is only acceptable when a physical address is also provided.

7. Each nonresident applicant for a license or certification card shall file and maintain with the department an irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth. In those instances where service is required, the director of the department will mail the court document to the individual at the address of record.

8. The applicant shall sign, as part of the application, a statement certifying that the applicant has read and understands Article 3 (§ 54.1-1128 et seq.) of Chapter 11 of Title 54.1 of the Code of Virginia and this chapter.

9. The board may make further inquiries and investigations with respect to the qualifications of the applicant or require a personal interview with the applicant.

10 5. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose a any conviction, in any jurisdiction, of any felony or non-marijuana misdemeanor. Any plea of nolo contendere shall be considered a conviction for the purpose of this subdivision. The record of conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, at its discretion, may deny licensure or certification to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

11. The applicant shall report any suspensions, revocations, or surrendering of a certificate or license in connection with a disciplinary action or which has been the subject of discipline in any jurisdiction prior to applying for licensure or certification in Virginia. The board, at its discretion, may deny licensure or certification to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction. 6. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board in its discretion may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act.

18VAC50-30-41. Evidence of ability and proficiency for automatic fire sprinkler inspector.

Pursuant to § 54.1-1147 B of the Code of Virginia, an applicant for certification as an automatic fire sprinkler inspector shall must provide satisfactory proof to the board of a Level II or higher Inspection and Testing of Water-Based Systems Certificate issued through the National Institute for Certification in Engineering Technologies or a substantially similar certification from a nationally recognized training program approved by the board.

18VAC50-30-70. Other recognized programs.

Individuals Applicants certified or licensed as a journeyman or master tradesman or backflow prevention device worker by governing bodies located outside the Commonwealth of Virginia shall be are considered to be in compliance with this chapter if the board or its designee has determined the certifying system to be requirements and standards under which the license or certificate was issued are substantially equivalent to the Virginia system those established in this chapter. In addition to the requirements set forth in 18VAC50-30-30, these individuals such applicants must meet the following requirements:

1. The applicant shall must have received the tradesman certification or license by virtue of having passed in the jurisdiction of original certification or licensing licensure a written or oral examination deemed to be substantially equivalent to the Virginia examination. 2. The applicant shall, and be in good standing as a certified or licensed tradesman in every jurisdiction where certified or licensed, and the. The applicant shall must not have had a certificate or a license as a tradesman which that was suspended, revoked, or surrendered in connection with a disciplinary action or which that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia.

3. 2. Individuals certified or licensed by governing bodies other than the Commonwealth of Virginia may sit for the same level of tradesman examination by completing the required application and providing a copy of a currently valid journeyman or master license or certification.

4. 3. Individuals certified or licensed as backflow prevention device workers by governing bodies located outside the Commonwealth of Virginia may sit for the Virginia backflow prevention device worker examination upon presentation of a currently valid certificate or card from such jurisdictions with their completed examination application and fee. Upon successful completion of this examination, the applicant will be provided with the proper application for certification as a backflow prevention device worker in the Commonwealth of Virginia.

18VAC50-30-90. Fees for licensure and certification.

A. Each check or money order shall must be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable and shall not be prorated. The date of receipt by the department or its agent is the date that will be used to determine whether or not it is on time. Fees remain active for a period of one year from the date of receipt and all applications must be completed within that time frame.

B. Fees are as follows:

Original tradesman license by examination	$130
Original tradesman license without examination	$130
Card exchange (exchange of locality-issued card for state-issued Virginia tradesman license)	$95
Liquefied petroleum gas fitter	$130
Natural gas fitter provider	$130
Additional tradesman designation	$90
Backflow prevention device worker certification	$130
Elevator mechanic certification	$130
Certified accessibility mechanic Certified automatic fire sprinkler inspector	$130 $130
Water well systems provider certification	$130
Residential building energy analyst license	$130
Limited use/limited application endorsement	$65

18VAC50-30-140. Status of regulant during the period prior to reinstatement.

A. When a regulant is reinstated, the individual shall will continue to have the same number and shall be assigned an expiration date three years from the previous expiration date for tradesman and two years from the previous expiration date for all other licensees and certificate holders.

B. A regulant who reinstates his a license or certification card shall will be regarded as having been continuously licensed or certified without interruption. Therefore, the regulant shall will remain under the disciplinary authority of the board during this entire period and may be held accountable for his the regulant's activities during this period. Nothing in this chapter shall will divest the board of its authority to discipline a regulant for a violation of the law or regulations during the period of licensure or certification.

18VAC50-30-150. Adding or deleting trade designations.

A. A regulant may add designations to a license by demonstrating, on a form provided by the board, acceptable evidence of experience, and examination if appropriate, in the designation sought. The experience, and successful completion of examinations, must be demonstrated by meeting the requirements found in Part II (18VAC50-30-20 et seq.) of this chapter.

B. The fee for each addition is $90. All fees required by the board are nonrefundable.

C. B. While a regulant may have multiple trade designations on his the regulant's license, the renewal date will be based upon the date the card was originally issued to the individual by the board, not the date of the most recent trade designation addition.

D. C. If a regulant is seeking to delete a designation, then the individual must provide a signed statement listing the designation to be deleted. There is no fee for the deletion of a designation. If the regulant only has one trade or level designation, the deletion of that designation will result in the termination of the license.

18VAC50-30-160. Change of address.

Any change of address shall must be reported in writing to the board within 30 days of the change. The board shall will not be responsible for the regulant's failure to receive notices or correspondence due to the regulant's failure to report a change of address. A post office address box alone is not acceptable.

18VAC50-30-170. Transfer of license or certification card prohibited.

No license or certification card issued by the board shall may be assigned or otherwise transferred.

18VAC50-30-185. Revocation of licensure or certification Grounds for disciplinary action.

A. Licensure or certification may be revoked for misrepresentation or a fraudulent application or for incompetence as demonstrated by an egregious or repeated violation of the Virginia Uniform Statewide Building Code. B. The board shall have the power to require remedial education and to fine, suspend, revoke or deny renewal of a license or certification card of any individual who is found to be in violation of the statutes or regulations governing the practice of licensed tradesmen, liquefied petroleum gas fitters, natural gas fitter providers, backflow prevention device workers, elevator mechanics, accessibility mechanics, or residential building energy analysts in the Commonwealth of Virginia. The board may impose remedial education, a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia or revoke, suspend, or refuse to renew any license or certification when the licensee or certificate holder has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

18VAC50-30-190. Prohibited acts.

Any of the following are cause for The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Failure in any material way to comply with provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board;

2. Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or certification card;

3. Where the regulant has failed to report to the board, in writing, the suspension or revocation of a tradesman, liquefied petroleum gas fitter or natural gas fitter provider license, certificate or card, or backflow prevention device worker, water well systems provider, elevator mechanic, or accessibility mechanic license or certification card, by another state or a conviction in a court of competent jurisdiction of a building code violation;

4. Negligence or incompetence in the practice of a tradesman, liquefied petroleum gas fitter, natural gas fitter provider, backflow prevention device worker, elevator mechanic, accessibility mechanic, water well systems provider, or automatic fire sprinkler inspector the licensed or certified profession;

5. Misconduct in the practice of a tradesman, liquefied petroleum gas fitter, natural gas fitter provider, backflow prevention device worker, elevator mechanic, accessibility mechanic, water well systems provider, or automatic fire sprinkler inspector the licensed or certified profession;

6. A finding of improper or dishonest conduct in the practice of a tradesman, liquefied petroleum gas fitter, natural gas fitter provider, backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider by a court of competent jurisdiction;

7. 6. For licensed tradesmen, liquefied petroleum gas fitters or, natural gas fitter providers, or gas fitters performing jobs under $1,000, or backflow prevention device workers, elevator mechanics, accessibility mechanics, or water well systems providers performing jobs of any amount, abandonment, the intentional and unjustified failure to complete work contracted for, or the retention or misapplication of funds paid, for which work is either not performed or performed only in part (unjustified cessation of work under the contract for a period of 30 days or more shall be considered evidence of abandonment);

8. 7. Making any misrepresentation or making a false promise of a character likely to influence, persuade, or induce;

9. 8. Aiding or abetting an unlicensed contractor to violate any provision of Chapter 1 or Chapter 11 of Title 54.1 of the Code of Virginia or these regulations or combining or conspiring with or acting as agent, partner, or associate for an unlicensed contractor; or allowing one's license or certification to be used by an unlicensed or uncertified individual;

10. 9. Where the regulant has offered, given, or promised anything of value or benefit to any federal, state, or local government employee for the purpose of influencing that employee to circumvent, in the performance of his the employee's duties, any federal, state, or local law, regulation, or ordinance governing the construction industry;

11. 10. Where the regulant has been convicted or found guilty, after initial licensure or certification, regardless of adjudication, in any jurisdiction of any felony or of a misdemeanor involving lying, cheating or stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession, there being no appeal pending therefrom or the time of appeal having elapsed. Any pleas of guilty or nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt;

12. 11. Having failed to inform the board in writing, within 30 days, that the regulant has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or a misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession;

13. 12. Having been disciplined by any county, city, town, or any state or federal governing body for actions relating to the practice of any trade, backflow prevention device work, elevator or accessibility work, or water well systems provider work, which action shall be reviewed by the board before it the board takes any disciplinary action of its own;

14. 13. Failure to comply with the Virginia Uniform Statewide Building Code (13VAC5-63);

15. 14. Practicing in a classification or specialty service for which the regulant is not licensed or certified;

16. 15. Failure to obtain any document required by the Virginia Department of Health for the drilling, installation, maintenance, repair, construction, or removal of water wells, water well systems, water well pumps, or other water well equipment;

17. 16. Failure to obtain a building permit or applicable inspection where required;

18. 17. Failure to perform a residential building energy analysis consistent with the requirements set forth by the board, the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Energy Star Program;

19. 18. Failure of a residential building energy analyst to maintain the general liability insurance required in 18VAC50-30-40 I 4; and

20. 19. Failure of a certified automatic fire sprinkler inspector to continually maintain the certification required in § 54.1-1147 of the Code of Virginia.

18VAC50-30-200. Vocational training.

A. Vocational training courses must be completed through accredited colleges, universities, junior and community colleges; adult distributive, marketing and formal vocational training as defined in this chapter; Virginia Apprenticeship Council programs; or proprietary schools approved by the Virginia Department of Education.

B. Backflow prevention device worker courses must be completed through schools approved by the board. The board accepts the American Society of Sanitary Engineers' (ASSE) standards for testing procedures. Other programs could be approved after board review. The board requires all backflow training to include instruction in a wet lab.

C. Elevator mechanic courses must be completed through schools approved by the board. The board accepts training programs approved by the National Elevator Industry Education Program (NEIEP). Other programs could be approved after board review. D. Water well systems provider and certified accessibility courses must be completed through schools or programs education providers approved by the board.

E. Certified accessibility courses must be completed through education providers approved by the board.

F. D. Residential building energy analyst courses must be completed through programs that meet or exceed the standards set forth by the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Home Performance with Energy Star Program. Other programs could be approved after board review.