Ga. Comp. R. & Regs. R. 553-4-.06 - Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization - General Contractor Limited Tier
(1) An
individual person affiliated by ownership or employment with and acting as a
qualifying agent for a business organization seeking to engage in the
profession of general contracting at the general contracting limited tier in
the name of the business organization in accordance with and pursuant to Code
Section
43-41-9 shall file an application on a form provided by the general contractor
division, accompanied by an application fee as provided by the board.
(2) Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division unless exempted from examination pursuant to O.C.G.A. §
43-41-8.
(3) A person shall be eligible for licensure
as a general contractor limited tier by the general contractor division if the
person:
(a) Is at least 21 years of
age;
(b) Is of a good character and
is otherwise qualified as to competency, ability, and integrity and financial
responsibility; and
(c) Meets
eligibility requirements according to one of the following criteria:
1. Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a general contractor or other proven
experience deemed substantially similar by the division;
2. Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a general
contractor, or other proven experience deemed substantially similar by the
division equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or
3. Has a total of at least four
years of proven active experience working in a construction industry related
field, at least two of which shall have been as or in the employment of a
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division.
(d) In
order to satisfactorily prove (a), (b) and (c) above, each applicant must swear
on the application for licensure that the applicant satisfies each requirement
and submit satisfactory proof of such when and where directed to do so by the
application. Applicants acting as a qualifying agent for a business
organization seeking to engage in limited tier general contracting, shall
affirm that the business organization possesses minimum net worth in an amount
of $25,000. Additionally, in completing the application and submitting it to
the general contractor division, the applicant consents to the division
performing a background check, including a criminal history, on the applicant
if the division so chooses.
(4) Before being entitled to take an
examination or otherwise qualify for issuance of a license, an applicant must
show to the satisfaction of the general contractor division from the
application and proofs furnished that the applicant is possessed of a good
character and is otherwise qualified as to competency, ability, integrity, and
financial responsibility. Much proof of this will come as detailed in (3)(d)
above. Additionally, the application shall include a list of all persons,
entities, and business organizations that the applicant will be affiliated with
as a licensed general contractor, whether by way of employment, ownership,
serving as an owner or director, partnership, or membership or by serving as a
qualifying agent under this chapter. Additionally, all applicants shall provide
satisfactory proof of general liability insurance in an amount not less than
$500,000 and of workers´ compensation insurance as required by the laws
of this state in their name. All applicants shall also provide the federal
taxpayer identification numbers of any business organization for which the
applicant is seeking licensure as a qualifying agent. Applicants shall also
provide suitable verification of tax payments by the business organization in a
form and manner and for the duration prescribed by the general contractor
division. Such proof of verification shall be submitted by the applicant as
directed by the application for licensure and any form(s) that might accompany
the application. The decision of the general contractor division as to the
qualifications of applicants shall be conclusive. A certificate by the insurer
or other appropriate evidence of such coverages shall be maintained with the
general contractor division and shall be a condition of renewal. A licensee,
where acting as a qualifying agent on behalf of the business organization so
qualified, must notify the general contractor division in writing within 30
days of any changes in the information required to be on file with such
division, including, but not limited to, the business organization's current
mailing address, insurance coverages, and affiliated entities.
(5) The general contractor division shall
cause to be conducted an examination of all qualified applicants, except those
exempted from the examination requirement pursuant to Code Section
43-41-8.
(a) The general contractor division shall
cause to be conducted an examination to ascertain the particular applicant's
ability to make a practical application of his or her knowledge of the
profession of commercial general contracting; the applicant's qualifications in
reading plans and specifications; his or her knowledge of building codes,
estimating costs, construction, ethics, contracting, and other similar matters
pertaining to the general contracting business; his or her knowledge as to the
responsibilities of a general contractor to the public and to owners,
subcontractors, and suppliers; and his or her knowledge of the requirements of
the laws of this state relating to general contractors, construction, workers'
compensation, insurance, surety bonding, and liens.
(b) If the results of the applicant's
examination are satisfactory to the general contractor division, or he or she
is exempted from the examination requirement under Code Section
43-41-8, and if he or she and any affiliated business organization has met the other
qualifications and requirements set forth in this Code section, then the
general contractor division shall issue to the applicant a limited tier license
to engage in business as a general contractor in this state, as provided in
such license, in his or her own name as a qualifying agent for the affiliated
business organization and in the name of such business organization, pursuant
to and in accordance with the requirements set forth in Code Section
43-41-9.
(6) Any otherwise qualified
applicant failing this examination may be reexamined at any regularly scheduled
examination within one year of the date of original application upon payment of
a reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees.
(7) Upon the payment of fees prescribed by
the board, a limited tier general contractor license shall be issued to an
applicant who successfully completes the requirements for licensure.
(8) There is established a limited tier
general contractor license type that is limited as to any contract of no more
than one million dollars ($1,000,000.00).
(9) In order to move from the General
Contractor Limited tier to the General Contractor tier, a contractor must
submit an application for the General Contractor license and meet the financial
requirements and other requirements for that license type.
(10) Any Change Orders as defined in O.C.G.A.
§
36-91-2 may not exceed the maximum amount allowed per contract for a project to be
completed.
Notes
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