TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Fast-Track Regulation

Title of Regulation: 18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-90, 18VAC50-30-120; adding 18VAC50-30-72).

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: June 1, 2025.

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.

Basis: Section 54.1-201 of the Code of Virginia requires the Board for Contractors to promulgate regulations that establish the qualifications of applicants for certification or licensure. Section 54.1-1102 of the Code of Virginia authorizes the board to administer the licensure of contractors and the relicensure of contractors after license or certificate suspension or revocation.

Purpose: The board protects the health, safety, and welfare of citizens in part by establishing through regulation the minimum qualifications for entry into a trade-related profession, such as that of an elevator mechanic. The performance of trade-related work by those who lack sufficient expertise poses a risk to the health, safety, and welfare of the public. These risks include significant damage to property, personal injury, and death. In addition, the improper performance of trade-related work may create a substantial risk of financial harm to property owners who may be responsible for assuming costs to correct or complete work that is defective. Representatives in the construction industry have informed the board that there is a shortage of certified elevator mechanics and have expressed concern about a qualified candidate's inability to obtain temporary certification, as allowed by statute, due to the board not having established procedures that provide a pathway to obtain such certification. Additionally, the amendments create a process for the issuance of temporary elevator mechanic certifications while also addressing the shortage of certified elevator mechanics as represented by stakeholders.

Rationale for Using Fast-Track Rulemaking Process: Section 54.1-1142.2 of the Code of Virginia mandates that when a licensed contractor demonstrates to the satisfaction of the board that there is a shortage of elevator mechanics, the board shall issue temporary certifications. Additionally, representatives of the elevator mechanic industry, including the National Elevator Industry Educational Program, have expressed concern to the board regarding the current shortage of certified elevator mechanics available to licensed contractors in Virginia. This rulemaking is expected to be noncontroversial as the action is prompted by request from industry representatives and allows the board to comply with a statutory mandate.

Substance: The amendments create a new section that provides for the process of applying for a temporary elevator mechanic certification and outlines qualifications necessary for such certification. The action also amends the regulation to provide fees for initial temporary certifications and renewal of temporary certifications.

Issues: Currently, there is a shortage of certified elevator mechanics, which is causing delays in the construction and repair of elevators and related conveyances. The primary advantage to the public is that this regulatory change allows qualified individuals to obtain temporary certification as elevator mechanics, thus providing a larger workforce competent to perform construction, maintenance, and service or repair of elevators, escalators, or related conveyances. The primary advantage to the Commonwealth is that the regulatory change allows the board to comply with statute. A pertinent matter of interest to the regulated community is that the regulation allows individuals who are enrolled in a related apprenticeship program and who have completed at least two years of the program to apply for temporary certification, which may provide additional practical experience for the apprentice. No disadvantages to the public or the Commonwealth have been identified.

Department of Planning and Budget 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 for Contractors (board) proposes to amend the Individual License and Certification Regulations to allow the board to issue temporary elevator mechanic certifications when there is an industry shortage of elevator mechanics, as required by statute.

Background. Chapter 586 of the 2009 Acts of Assembly amended § 54.1-1142.2 of the Code of Virginia to state that the board shall issue temporary certifications to qualified individuals, whenever a contractor licensed under the provisions of this chapter demonstrates to the satisfaction of the board that there is a shortage of elevator mechanics. Additionally, the board reports that representatives of the elevator mechanic industry, including the National Elevator Industry Educational Program, have expressed concern to the board regarding the current shortage of certified elevator mechanics available to licensed contractors in Virginia. Thus, the board seeks to amend the Individual License and Certification Regulations to establish a process for licensed contractors to obtain a temporary elevator mechanic certification for one of their employees. The proposed new section, 18VAC15-30-72, would require the requesting contractors to attest to the board, on a form provided by the board, that, after due diligence, the contractor is unable to find an elevator mechanic from the list of certified elevator mechanics maintained by the board to perform elevator work. In addition, the employee of the contractor would be required to submit an application to the board documenting a minimum of two years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances, and 144 hours of formal vocational training. As provided in the statute, the proposed language would specify that the certification would be valid for no more than 45 days from the day of issuance, provided the applicant remains employed by the licensed contractor. The statute also directs the board to, renew such certifications as often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the shortage. Accordingly, the proposed language allows for the temporary certification to be renewed indefinitely provided the licensed contractor continues to provide an attestation. The statute authorizes the board to set fees for such certification and renewal; the board proposes to set the initial application fee at $50 and the renewal fee at $25.

Estimated Benefits and Costs: The proposed amendments would benefit individuals and firms in the construction industry, including licensed contractors who are facing a shortage of certified elevator mechanics by providing a pathway to obtain a temporary certification for an employee. The proposed amendments are not expected to increase competitive pressures for currently certified elevator mechanics in the short run, to the extent that contractors would actually have to verify that they are unable to find an elevator mechanic within a reasonable vicinity or within a reasonable time frame for their construction project and establish that a shortage exists. One of the pathways to certification for elevator mechanics, as provided in 18VAC50-30-40, requires applicants to have three years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances; 144 hours of formal vocational training; and to pass a written examination administered by the board. Thus, the most suitable candidates for the temporary certification are likely to be individuals who are already pursuing the elevator mechanic certification but have yet to accrue the third year of practical experience. The Department of Professional and Occupational Regulation (DPOR) reports that the board receives roughly 182 applications per year, which implies that there may be roughly 182 individuals who are one year shy of completing an apprenticeship program, who would likely be eligible to obtain a temporary certification. If the creation of the temporary certification leads to increased opportunities for such individuals to obtain practical experience or allows them to earn more in that capacity prior to becoming fully certified, these workers would be made better off. In the long run, opportunities to work under the temporary certification may encourage other workers in the trades to pursue an elevator mechanic certification, thereby reducing the shortage. DPOR reports that the board considered reducing the education and experience requirements for the elevator mechanic certification but decided to maintain the current requirements as they were necessary to ensure the safety of elevators and escalators installed in the Commonwealth.

Businesses and Other Entities Affected. The proposed amendments would affect licensed contractors facing a shortage of elevator mechanics. DPOR reports that there are 87 contractors in Virginia who are licensed to engage in elevator or escalator contracting. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ Although the board is establishing new fees for the initial issuance and renewal of the temporary certification, the fees would only apply in the circumstances specified by the proposed language and would only be incurred if a contractor elected to request such a certification for an employee who met the requirements. Thus, no adverse impact 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 affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed temporary certification would create new opportunities for individuals pursuing an elevator mechanic certification to be employed. DPOR estimates that as many as 182 individuals may be eligible for the temporary certification. The proposed amendments are not expected to significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments could increase the value of private contractor firms by allowing them to complete construction projects without delays due to the shortage of elevator mechanics. Similarly, the temporary certification could marginally reduce real estate development costs.

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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 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.

³ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

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:

In conformance with § 54.1-1142.2 of the Code of Virginia, the amendments establish a process for issuance and renewal of temporary elevator mechanic certifications.

18VAC50-30-72. Temporary certification of elevator mechanics.

A. In accordance with § 54.1-1142.2 of the Code of Virginia, a contractor licensed pursuant to Board for Contractors Regulations (18VAC50-22) may demonstrate to the satisfaction of the board that there is a shortage of elevator mechanics certified pursuant to this chapter and request the board issue a temporary certification as an elevator mechanic to an employee of the licensed contractor.

B. The licensed contractor must attest to the board, on a form provided by the board, that after due diligence, the contractor is unable to find an elevator mechanic from the list of elevator mechanics maintained by the board to perform elevator work.

C. The employee of the contractor must submit an application with the appropriate fee specified in 18VAC50-30-90 for temporary certification as an elevator mechanic. The applicant for temporary certification must submit documentation acceptable to the board that the applicant has a minimum of two years of practical experience in the construction, maintenance, and service, repair, or both of elevators, escalators, or related conveyances, and 144 hours of formal vocational training.

D. If the application is satisfactory to the board, the board will issue a temporary certification to the employee of the licensed contractor. The temporary certification will be valid for no more than 45 days from the date of issuance, provided the employee continues to be employed by the licensed contractor.

E. To the extent that the shortage of elevator mechanics remains, the licensed contractor may request the temporary certification be renewed by submitting the information required under subsection B of this section and payment of the appropriate fee specified in 18VAC50-30-140.

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

A. Each check or money order 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 the fee 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 timeframe.

B. Fees are as follows:

18VAC50-30-120. Renewal.

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

B. All Except as otherwise provided in this chapter, all other licenses and certifications issued under this chapter will expire two years from the last day of the month in which they were issued as indicated on the license or certification.

C. 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 must satisfactorily complete three hours of continuing education for each designation, and individuals holding a license as a liquefied petroleum gas fitter, a natural gas fitter provider, or a gas fitter, one hour of continuing education, relating to the applicable building code changes, from a provider approved by the board.

D. Certified elevator mechanics and certified accessibility mechanics, as a condition of renewal and pursuant to § 54.1-1143 of the Code of Virginia, 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 must be from a provider approved by the board.

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, 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.

F. Certified automatic fire sprinkler inspectors, as a condition of renewal and pursuant to § 54.1-1148 of the Code of Virginia, must satisfactorily complete eight hours of continuing education relating related 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:

All fees are nonrefundable and 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, will not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certification 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 license or certification for the same reasons as it may refuse initial licensure or certification or discipline a regulant. The regulant has a right to request review of any such action by the board under the 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, including renewal, reinstatement, or processing of a new application.

L. Residential building energy analysts, as a condition of renewal or reinstatement, 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.

FORMS (18VAC50-30)

Education Provider Listing Application, A501-27EDLIST-v3 (rev. 12/2012)

Education Provider Registration/Course Registration and Course Approval Application, A501-27EDREG-v5 (rev. 12/2012)

Tradesman Additional Designation & and License Upgrade Application, A501-2710_ADDLIC-v2 (rev. 12/2012)

Tradesman Exam & and License Application, A501-2710EXLIC-v2 (rev. 12/2012)

Tradesman Individual Experience Form, A501-2710EXP-v2 (rev. 12/2012)

Tradesman – Inactive/Activate License Application, A501-2710INAT-v1 (eff. 1/2013)

Backflow Prevention Device Worker Certification Application, A501-2717CERT-v2 (rev. 12/2012)

Certified Elevator Mechanic Application, A501-2718CERT-v3 (rev. 7/2013)

Temporary Elevator Mechanic Certification (rev. 4/2010)

Temporary Certified Elevator Mechanic Application and Renewal, A501-2716TEMPCERT v-1 (eff. 6/2025)

Certified Water Well System Provider Application, A501-2719CERT-v2 (rev. 12/2012)

Certified Accessibility Mechanics Application, A501-2720CERT-v1 (eff. 1/2014)

Certified Accessibility Mechanics Limited Use/Limited Application (LULA) Endorsement Application, A501-2720LULA-v1 (eff. 1/2014)

Automatic Fire Sprinkler Inspector Certification Application, A501-2723FSI-v1 (eff. 4/2020)

Residential Building Energy Analyst License Application, Form A501-2722LIC-v4 (rev. 7/2014)

Residential Building Energy Analyst Experience Form, Form A501-2722EXP-v3 (rev. 7/2013)