H. B. 3117
(By Delegates Morgan, Martin, Argento, Cann, Hartman, Hutchins,
Palumbo, D. Poling, Staggers, Swartzmiller and Andes
)
(Originating in the Committee on Government Organization)
[February 15, 2007]
A BILL to amend and reenact §21-11-6 of the Code of West Virginia,
1931, as amended, relating to clarifying that contractors must
have a state contractors license in order to submit a bid with
the State of West Virginia.
Be it enacted by the Legislature of West Virginia:
That §21-11-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§21-11-6. Necessity for license; exemptions.
(a) On or after the first day of October, one thousand nine
hundred ninety-one, no person shall may engage in this state in any
act as a contractor, or submit a bid to perform work as a
contractor, as defined in this article, unless such person holds a
license issued under the provisions of this article. No firm,
partnership, corporation, association or other entity shall engage in contracting in this state unless an officer thereof holds a
license issued pursuant to this article.
(b) Any person to whom a license has been issued under this
article shall keep the license or a copy thereof posted in a
conspicuous position at every construction site where work is being
done by the contractor. The contractor's license number shall be
included in all contracting advertisements and all fully executed
and binding contracts. Any person violating the provisions of this
subsection shall be subject, after hearing, to a warning, a
reprimand, or a fine of not more than two hundred dollars.
(c) Except as otherwise provided in this code, the following
are exempt from licensure:
(1) Work done exclusively by employees of the United States
Government, the State of West Virginia, a county, municipality or
municipal corporation, and any governmental subdivision or agency
thereof;
(2) The sale or installation of a finished product, material
or article or merchandise which is not actually fabricated into and
does not become a permanent fixed part of the structure;
(3) Work performed personally by an owner or lessee of real
property on property the primary use of which is for agricultural
or farming enterprise;
(4) A material supplier who renders advice concerning use of
products sold and who does not provide construction or installation services;
(5) Work performed by a public utility company regulated by
the West Virginia Public Service Commission and its employees;
(6) Repair work contracted for by the owner of the equipment
on an emergency basis in order to maintain or restore the operation
of such equipment;
(7) Work performed by an employer's regular employees, for
which the employees are paid regular wages and not a contract
price, on property owned or leased by the employer which is not
intended for speculative sale or lease;
(8) Work personally performed on a structure by the owner or
occupant thereof; and
(9) Work performed when the specifications for such work have
been developed or approved by engineering personnel employed by the
owner of a facility by registered professional engineers licensed
pursuant to the laws of this state when the work to be performed
because of its specialized nature or process cannot be reasonably
or timely contracted for within the general area of the facility.
Email
Webmaster | © 2024 West Virginia Legislature **
