Current through Register Vol. 49, No. 2, February 2024
224-25-5-1.
ISSUANCE OF LICENSE
(a) All licenses will be issued under the
name and address listed on the front of the application form. The use of any
other name may constitute a violation. It is the responsibility of the licensee
to inform the Committee in writing of any name, address, ownership or any other
change relating to said license within 15 days of such change.
(b) All applications must be filed in one of
five categories;
(1) individual,
(2) partnership,
(3) corporation,
(4) limited liability company or
(5) limited liability partnership. Each
application must be supported by a qualifying party, who has satisfactorily
completed such examination as may be required by the Committee, prior to being
issued a license Anyone failing to pass such examination may be reexamined at
any regular examination period, upon payment of proper fee. Should the
qualifying party (business and law or trade) leave a licensed entity, written
notice shall be given within fifteen (15) days to the Committee. The notice
shall state the name and position of individual leaving and the name and
position of the individual who will replace the departing qualifier. The
replacement qualifier must be fully qualified within thirty (30) days of the
departure of the previous qualifier. Any license not renewed within two years
of expiration shall not be renewed.
224-25-5-2.
LICENSE EXPIRATION &
RENEWAL
(a) Expiration. All licenses
shall expire at midnight of the date of its expiration.
(b) Renewal.
(1) Renewal notices will be mailed
approximately 60 days prior to the expiration of a license. However, it shall
be the responsibility of the holder of the License to renew said license.
Failure to receive a renewal notice shall not excuse the failure to timely
renew. A renewal application will be considered timely filed if received by the
Committee by the expiration date.
(2) Renewal applications received by the
Committee prior to the expiration date of the license shall be accompanied by
the on-time renewal fee and the licensee may continue to use the license until
the next meeting of the Committee following the expiration date of the
license.
(3) Renewal applications
received within thirty (30) days after the expiration of the license shall be
accompanied by the late renewal fee. UPON RECEIPT OF THE APPLICATION, the
license shall be deemed to be reinstated until the Committee has met and acted
upon the renewal. The reinstatement of a license does not reinstate the license
for the time period between the expiration of the license and the receipt of
the application by the Committee.
(4) Any renewal application received more
than thirty (30) days after the expiration of the license shall be accompanied
by the late renewal fee and may be reviewed by the Committee at its next
available meeting. The applicant shall not have a valid license until said
application is approved by the Committee. A license may be renewed up until two
(2) years after its expiration date. Any license expired two (2) years or more
shall not be renewed.
224-25-5-3.
LICENSE APPLICATIONS
Any new application not complete within ninety (90) days after
original receipt in our office will become invalid. Any new application not
passing the Committee's review will be considered invalid after ninety (90)
days from the date of its original review. During the ninety (90) day period,
the applicant may have the opportunity to make corrections or improvements
needed in the application in order to warrant the issuance of a license. After
an application becomes invalid a new application and fee must be submitted for
consideration to obtain a license.
224-25-5-4.
LICENSE FEES
(a) New Applications (Individuals or Entities
Not Licensed by the Contractors Licensing Board). All new applications for
Residential Builder by individuals or entities not currently licensed by the
Contractors Licensing Board must be accompanied by a One Hundred Dollar
($100.00) application/licensing fee. This fee is non-refundable.
(b) New Applications (Individuals or Entities
Not Licensed by the Contractors Licensing Board). All new applications for
Residential Remodeler or Residential Specialty Contractors by individuals or
entities not currently licensed by the Contractors Licensing Board must be
accompanied by a Fifty Dollar ($50.00) application/licensing fee. This fee is
non-refundable.
(c) New
Applications (Individuals or Entities Currently Licensed by the Contractors
Licensing Board). Individuals or entities currently licensed by the Contractors
Licensing Board need not submit a application or licensing fee, however, they
must submit an amended class request form and meet the requirements for a
license.
(d) Renewal Applications
(Individuals or Entities Not Licensed by the Contractors Licensing Board). All
renewal applications for Residential Builder by individuals or entities not
currently licensed by the Contractors Licensing Board must be accompanied by a
Fifty Dollar ($50.00) licensing fee, if the renewal application is timely
filed. If the application is not timely filed, the application shall be
accompanied by a One Hundred Dollar ($100.00) licensing fee. This fee is
non-refundable.
(e) Renewal
Applications (Individuals or Entities Not Licensed by the Contractors Licensing
Board). All renewal applications for Residential Remodeler or Residential
Specialty Contractor by individuals or entities not currently licensed by the
Contractors Licensing Board must be accompanied by a Twenty Five Dollar
($25.00) licensing fee, if the renewal application is timely filed. If the
application is not timely filed, the application shall be accompanied by a
Fifty Dollar ($50.00) licensing fee. This fee is non-refundable.
(f) Renewal Applications (Individuals or
Entities Currently Licensed by the Contractors Licensing Board). Individuals or
entities which have a Contractors License shall only pay the renewal fee for
the Contractors License. No additional fee is required.
224-25-5-5.
INACTIVE STATUS
A holder of a license may choose to become inactive in the State
of Arkansas at the time of any renewal. A license holder who is inactive may
not bid on any contract, pull any permit, nor perform any work for which a
license is required. A license holder who elects inactive status must pay all
renewal fees, but is not required to submit financial information to the
Committee. A license holder who is on inactive status may reactivate its
license by making a request to the Committee and providing all necessary
information required to renew as an active license holder. A license holder may
remain on inactive status for a period of time not to exceed six (6)
consecutive years.
224-25-5-6.
EXPERIENCE REQUIRED
(a) Residential Building.
(1) In order to show appropriate experience,
qualifications and ability to perform in Residential Building, the following
must be provided:
(A) Proof of four (4) years
of appropriate verifiable experience in the Building industry (commercial or
residential) must be shown.
(B)
Three verifiable references on the forms prescribed by the Committee.
(C) Compliance with all other state laws and
regulations reasonably connected to the performance of residential
building.
(2) The
Committee will take into consideration past performance, complaints, or
violations of the law or regulations of the Committee and of the Contractors
Licensing Board.
(b)
Residential Remodeler.
(1) In order to show
appropriate experience, qualifications and ability to perform residential
remodeling, the following must be provided:
(A) Proof of two (2) years of
appropriate verifiable experience in the remodeling industry (commercial or
residential) must be shown.
(B)
Three verifiable references on the forms prescribed by the Committee.
(C) Compliance with all other state laws and
regulations reasonably connected to the performance of residential
remodeling.
(2) The
Committee will take into consideration past performance, complaints, or
violations of the law or regulations of the Committee and of the Contractors
Licensing Board.
(c)
Specialties.
(1) In order to show appropriate
experience, qualifications and ability to perform residential specialty
contacting, the following must be provided:
(A) Proof of appropriate verifiable
experience in the specialty area (commercial or residential) must be
shown.
(B) Three verifiable
references on the forms prescribed by the Committee.
(C) Compliance with all other state laws and
regulations reasonably connected to the performance of residential
remodeling.
(2) The
Committee will take into consideration past performance, complaints, or
violations of the law or regulations of the Committee and of the Contractors
Licensing Board.
224-25-5-8.
FINANCIAL
REQUIREMENTS
(a) Residential Building
Contractors, Unlimited Residential Remodelers, Unlimited Residential Specialty
Contractors
(1) All new and renewal
applications must be submitted with a compiled financial statement of the
applicant, showing a positive net worth excluding the applicant's homestead and
retirement accounts.
(2) All
financial statements must be submitted on the form approved by the Committee or
in a similar format such as to provide the Committee with the information
sufficient to adequately review the financial status of the applicant. All
financial statements must be sworn to be true and correct. Corporations,
Partnerships and Limited Liability Companies, etc., must file a business
financial statement, not a personal financial statement.
(b) Limited License Residential Remodelers,
Limited License. Residential Specialty Contractors (1) No financial statement
shall be required. A contractor holding a Limited License is not authorized to
perform a project if the cost of the work to be done in the State of Arkansas,
including, without limitation, labor and material, is $20,000 or more.
(c)
(1) If the Committee determines that the
financial information provided by an applicant for a new or renewal license
does not satisfy the financial requirements, the Committee may, at its option,
deny the application or place the application in Improve status.
(2) A renewal applicant who is placed in
Improve status will have its license extended until the next regular meeting of
the committee, pending further information being provided and/or changes being
made by the applicant to resolve any difficulties. The license is effective
only until the next regular meeting of the Committee and will expire at the
next regular meeting unless further action is taken by the Committee.
(d) The Committee will also
consider past performance, complaints and ability to perform in determining
whether to issue a new or renewal license.
224-25-5-9.
CLASSIFICATIONS
(a) A contractor licensed as Residential
Building Contractor or a Residential Remodeler is considered to be a "general
contractor" and is authorized to perform any of the "specialties" associated
with the classification in question. A contractor licensed as a Residential
Specialty Contractor is authorized to only perform the functions of the
specific specialty for which a license is held. It is the responsibility of the
applicant for a classification or a specific specialty to show appropriate
experience and qualifications in each classification requested and demonstrate
the ability to perform said classification.
(b) A licensee may perform Construction
Management in the classification its licensed.
(c) A contractor shall maintain proper
personnel, financial ability and facility to perform for the owner:
coordination, development and management expertise for the project.
(d) CLASSIFICATIONS AND SPECIALTIES - A
contractor holding a classification may perform any of the functions listed
under that classification. Performing work not listed under that classification
may constitute a violation.
OUTLINE OF CLASSIFICATIONS
(1)
Residential Building
Contractor
Additions
Awnings, Canopies
Base & Paving
a.
Base Construction
b. Hot & Cold
Mixes
c. Surface
Treatment
d. Asphalt
e. Concrete Paving
Boat Docks
Carpentry, Framing, Millwork, Cabinets
Ceilings, Wall Systems, Acoustical Treatments
Central Vacuum Systems
Chimneys, Fireplaces
Concrete
Countertops
Demolition
Detached Garage, Storage Building, Detached Structures
Drywall
Erosion Control
Excavation
Fencing, Gates
Floors, Floor Coverings
Foundation Construction or Drilling, Pile Driving,
Stabilization
Glass, Glazing, Doors, Windows
Grading & Drainage (Includes Grading, Drainage, Pipe &
Structures, Culverts, Clearing, Grubbing & Rip Rap)
Greenhouses and Sunrooms
Insulation
Interior Work
Kitchen and Bathroom Renovations
Landscaping, Irrigation, Lawn Sprinklers, Streams
Lathe, Plaster, Stucco, Dryvit, EIFS
Masonry
Metal Building Erection
Metal Studs, Walls
New Home Construction
Overhead Doors
Painting, Wall Covering
Remodeling, Renovations, Restoration, Alterations
Retaining Walls
Roofs, Roof Decks
Siding, Soffit, Facia & Gutters
Skylights, Solar Systems
Special Coatings or Applications, Caulking, Waterproofing
Steel, Alloy, Ornamental, Metal Fabrication, Welding
Swimming Pools, Spas
Tile, Terrazzo, Marble
(2)
Residential Remodeler
Additions
Awnings, Canopies
Base & Paving
a.
Base Construction
b. Hot & Cold
Mixes
c. Surface
Treatment
d. Asphalt
e. Concrete Paving
Boat Docks
Carpentry, Framing, Millwork, Cabinets
Ceilings, Wall Systems, Acoustical Treatments
Central Vacuum Systems
Chimneys, Fireplaces
Concrete
Countertops
Demolition
Detached Garage, Storage Building, Detached Structures
Drywall
Erosion Control
Excavation
Fencing, Gates
Floors, Floor Coverings
Foundation Construction or Drilling, Pile Driving,
Stabilization
Glass, Glazing, Doors, Windows
Grading & Drainage (Includes Grading, Drainage, Pipe &
Structures, Culverts, Clearing, Grubbing & Rip Rap)
Greenhouses and Sunrooms
Insulation
Interior Work
Kitchen and Bathroom Renovations
Landscaping, Irrigation, Lawn Sprinklers, Streams
Lathe, Plaster, Stucco, Dryvit, EIFS
Masonry
Metal Building Erection
Metal Studs, Walls
Overhead Doors
Painting, Wall Covering
Remodeling, Renovations, Restoration, Alterations
Retaining Walls
Roofs, Roof Decks
Siding, Soffit, Facia & Gutters
Skylights, Solar Systems
Special Coatings or Applications, Caulking, Waterproofing
Steel, Alloy, Ornamental, Metal Fabrication, Welding
Swimming Pools, Spas
Tile, Terrazzo, Marble
(3)
SPECIALTIES (Specific)
A contractor may obtain one or more of the Specialty
Classifications by proper qualifications shown. The list of those Specialty
Classifications Is:
SPECIALTIES
Awnings & Canopies
Base & Paving
a.
Base Construction
b. Hot & Cold
Mixes
c. Surface
Treatment
d. Asphalt
e. Concrete Paving
Boat Docks
Carpentry, Framing, Millwork, Cabinets
Ceilings, Wall Systems, Acoustical Treatments
Central Vacuum Systems
Chimneys, Fireplaces
Communication, Computer or Sound Systems, Cabling
Concrete
Countertops
Demolition
Detached Garage, Storage Building, Detached Structures
Drywall
Excavation
Fencing, Gates
Floors, Floor Covering
Foundation Construction or Drilling, Pile Driving,
Stabilization
Glass, Glazing, Doors, Windows
Grading & Drainage (Includes Grading, Drainage, Pipe &
Structures, Culverts, Clearing, Grubbing & Rip Rap)
Greenhouses and Sunrooms
Insulation
Kitchen and Bathroom Renovations
Landscaping, Irrigation, Lawn Sprinklers, Streams
Lathe, Plaster, Stucco, Dryvit, EIFS
Masonry
Metal Studs, Walls
Overhead Doors
Painting, Wallcovering
Rebar
Retaining Walls
Roofing, Roof Decks
Siding, Soffit, Facia, Gutters
Skylights, Solar Systems
Special Coatings or Applications, Caulking, Waterproofing
Steel, Alloy, Ornamental, Metal Fabrication, Welding
Swimming Pools, Spas
Tile, Terrazzo, Marble
224-25-5-10. COMPLAINTS &
INVESTIGATIONS
(a) The purpose of the
complaints procedure is to effectively deal with issues affecting the licensure
of licensees. The complaints procedure is not intended to function as a dispute
resolution process or a code enforcement process. Any complaint registered with
the Committee of alleged violations must be submitted in writing with proper
information to identify job site, owner if possible, any name and phone numbers
of individuals and any other information that may tend to be useful in the
investigation. The Complainant must furnish his/their name, address and phone
number in order to obtain any other information that may be necessary for
proper investigation. A written response will be made to a Complainant when
investigation is closed.
(b) A
contractor who is licensed shall cooperate with any investigation and provide
the Committee or the Contractors Licensing Board with all relevant information
requested by the Committee or Board. The failure to cooperate or to timely
provide the Committee or Board with relevant information as requested may
constitute misconduct in the conduct of the contractors business and may
subject the contractor to the revocation of the contractors license.
(c) The Committee may delegate to the
administrator/investigator the authority to obtain licensee compliance as may
be necessary. The administrator/investigator will conduct all investigations in
such a manner that would be complimentary to the licensing law.
(d) Any application being denied because of a
violation of Ark. Code Ann. §
17-25-101
through
17-25-513
may become invalid and a new application must be submitted.
(e) It is the stated purpose of the
residential and home improvement law to protect homeowners and the purchasers
of homes constructed in this state. Because Act 1208 expands the coverage of
the residential law to include home improvement contractors, it is the intent
of the Residential Contractors Committee to focus the enforcement of the law
during the first year of its enactment through December 31, 2012, primarily on
contractors that are harming homeowners. The intent of the Committee will be
accomplished by placing emphasis on consumer complaints and contractors working
in disaster areas. Because it is not the intent to punish those who are
initially unaware of the law, the Committee will endeavor to educate the
consumers and contractors as to the requirements of the law through December
31, 2012.
224-25-5-11.
HEARINGS & APPEALS
(a) All
hearings and appeals of decisions of the Committee will be held in accordance
with the Ark. Code Ann. §
17-25-501 et
seq. and the Arkansas Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et.
seq.
(b) Appeals to the Contractors
Licensing Board.
(1) Appeals from decisions of
the Residential Building Contractors Committee to the Contractors Licensing
Board shall be in writing and filed with the Contractors Licensing Board within
10 calendar days of the date the decision was served upon the
respondent.
(2) A transcript of the
original hearing(s) will be ordered and filed with the Contractors Licensing
Board. A copy of the transcript will be provided to the respondent upon
request. In the event the Contractors Licensing Board affirms or modifies, but
does not reverse the decision of the Committee, the respondent will be
responsible for the cost of the appeal. Said cost include, but are not limited
to, the cost of the transcript. Said cost are in addition to any civil
penalties or other sanction imposed.
(3) The Contractors Licensing Board will
review the decision of the Committee in accordance with its Rules and
Regulations.
224-25-5-13.
DEFINITIONS
(a) Ownership: When the terms
His own or Its own property is used in the
Residential Builder licensing law, it shall mean sole and exclusive right to
sell or convey the property.
(b)
Qualifying party: A person who has passed the appropriate examination or is the
experience qualifier for the licensee. To act as a "qualifying party" a person
must be either:
(1) a sole owner;
(2) a partner of the partnership;
(3) an officer of the corporation who is
actively engaged in the day to day activities of the company;
(4) a member of the Limited Liability Company
who is actively engaged in the day to day activities of the company;
(5) a partner of the Limited Liability
Partnership who is actively engaged in the day to day activities of the
company; or
(6) a full time
employee.
(c) Full time
employee: A person who is an actual employee of the business, not an
independent contractor. The person must work, on average, 30 or more hours a
week for the business (1500 hours per year), must not be paid as an independent
contractor (not receive a "1099" for his earnings but receive a "W-2" for his
earnings). A full time employee is not someone who is hired "job to job" as
needed. Other factors to be considered in making this determination include,
but are not limited to: whether the business pays for workman's compensation
insurance on the individual, whether the business pays payroll taxes on the
individual, the amount of control the business has over the activities of the
individual, the ownership of the tools used by the individual and, whether the
individual maintains his own business separate from the business in
question.
(d) Residential
Remodeling: Any construction on a single-family residence involving structural
changes, improvements, repairs or additions.
(e) Residential Building Contractor: The term
"Residential Building Contractor" as found in Ark. Code Ann. §
17-25-502(2)
does not include a developer who has constructed a residential project, if the
developer:
(1) Contracts with a properly
licensed contractor to perform a turnkey project; and
(2) The licensed contractor gives a written
warranty at closing of not less than one year to the buyer of the
residence.
(f) Own
residence: The term "own residence" as found in Ark. Code Ann. §
17-25-509(c)
and Ark. Code Ann. §
17-25-513
means the personal residence, the principal place of abode, the domicile, a
residence constructed for the occupancy of the person who owns the
property.
224-25-5-14.
DISPLAY OF NAME AND LICENSE NUMBER
Each contractor holding a license from the Committee shall
display in a prominent, legible manner the license number and contractor's
name, as licensed, in letters not less than three inches high on a sign
prominently displayed at all residential job sites.
