TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Final Regulation

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.

Effective Date: October 1, 2024.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Summary:

The 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.

Nonsubstantive corrections have been made to the proposed regulation.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

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 certifications ] 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 licensure or certification ] 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 will ] 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 24 months ] from following the expiration date has passed. After that date the applicant of the license [ or certification ]. 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 licensure ] 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 tradesmen ], 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; [ and

5. Course and material fees;

6. 5. ] 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 [ or certification ] 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.