50-6,122. Same, definitions. As used in K.S.A. 2018 Supp. 50-6,121 through 50-6,138, and amendments thereto:

(a) (1) "Roofing contractor" means any person, including a subcontractor and nonresident contractor, who in the ordinary course of business:

(A) Engages in the business of commercial or residential roofing services for a fee; or

(B) offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration and waterproofing.

(2) Roofing contractor shall not mean:

(A) A person engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material;

(B) a person working under the direct supervision of the roofing contractor and who is hired by such roofing contractor as an employee or day laborer; or

(C) an exempt general contractor.

(b) "Nonresident contractor" means any contractor who:

(1) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year;

(2) claims residency in another state; or

(3) has not submitted an income tax return as a resident of this state within the preceding year.

(c) "Person" means any individual, firm, partnership, association, corporation, limited liability company, or other group or combination thereof acting as a unit, unless the intent to give a more limited meaning is disclosed clearly by this act.

(d) "Attorney general" means the attorney general of the state of Kansas or the attorney general's designee.

(e) "Exempt general contractor" means a "general contractor," as defined in K.S.A. 12-1540(d), and amendments thereto, who meets the following conditions:

(1) The general contractor, upon request of the attorney general, demonstrates by a preponderance of the evidence all of the following:

(A) The general contractor is in compliance with all requirements to do business in the state of Kansas, including any municipality or county requirements applicable to the location in which the general contractor intends to do business that involves roofing services;

(B) the general contractor engages in roofing services in addition to construction, installation, renovation, repair, maintenance, alteration or waterproofing services on the project, and the roofing services do not constitute more than 50% of the total project cost; and

(C) the general contractor or its agents, employees or representatives do not engage in "door-to-door sales," as defined in K.S.A. 50-640(c)(1), and amendments thereto; or

(2) the general contractor contracts for the performance of roofing services and upon request of the attorney general, demonstrates by a preponderance of the evidence all of the following:

(A) The general contractor does not directly supervise the roofing contractor's employees or agents and the roofing contractor is a separate legal business entity;

(B) neither the general contractor nor any of its agents or employees engages in roofing services;

(C) the roofing contractor used by the general contractor holds an active, valid roofing contractor registration certificate in good standing and the general contractor secures a copy of the roofing contractor's registration certificate and has it available for inspection during business hours at the location where roofing services are being provided;

(D) the contract between the general contractor and the roofing contractor specifies that the roofing contractor shall perform and be responsible for all roofing services, maintain direct supervision of any agent of such roofing contractor or person hired by such roofing contractor to perform roofing services, and notify the general contractor immediately if the roofing contractor's roofing registration certificate is suspended or otherwise becomes invalid under the provisions of this act or the roofing contractor is no longer in compliance with any of the requirements of this act;

(E) the general contractor is in compliance with all other requirements to do business in the state of Kansas, including any municipality or county requirements applicable to the location in which the general contractor intends to do business that involves roofing services; and

(F) the general contractor or its agents, employees or representatives do not engage in "door-to-door sales," as defined in K.S.A. 50-640(c)(1), and amendments thereto.

History: L. 2013, ch. 115, § 2; L. 2015, ch. 31, § 1; July 1.