A. The Construction Industries Board is hereby authorized to establish a license category for contractors who solely perform poultry house premise wiring for environmentally controlled poultry house systems, and the insured poultry house wiring to connect the premise wiring, and who do not perform any wiring for a structure or electrical facility that is not directly involved in the operation of the environmentally controlled poultry house wiring system. In addition to other statutory authority, the Construction Industries Board shall have the power to exercise all incidental powers and duties necessary to effectuate the provisions of the poultry house contractor license, conduct investigations involving compliance with the licensing requirements, and enforce the licensing provisions of this section. However, the Construction Industries Board is not authorized to conduct an electrical code inspection of an environmentally controlled poultry house premise wiring system for purposes of compliance with electrical code installation standards established for the Electrical License Act or to issue administrative citations or fines concerning electrical code installation standards at an environmentally controlled poultry house.
1. With a valid poultry house contractor license, no further registration or license is required under this act in order to solely perform poultry house wiring for environmentally controlled poultry houses. This license allows contracting only for wiring of environmentally controlled poultry house systems and is not intended to disallow or exclude unlimited electrical contractors from performing poultry house wiring work under an unlimited electrical contractor license without a poultry house contractor license.
2. Experience under the poultry house contractor license shall not be considered qualifying electrical experience for purposes of experience requirements for application of any other electrical license category pursuant to the Electrical License Act.
3. The Board may rely upon proof of a valid construction license or registration issued by another state to expedite the processing of the required information for a poultry house contractor license; provided, the insurance and workers' compensation requirements demonstrate compliance with the required coverage for work performed in this state.
4. All licenses shall be nontransferable, and it shall be a misdemeanor for any business entity holding a poultry house contractor license under the provisions of the Electrical License Act to loan or allow the use of such license by any other person, firm or corporation, except as specifically provided in the Electrical License Act or to engage in poultry house contractor license work without a valid license pursuant to this act.
B. A nonrefundable fee in the amount of Three Hundred Dollars ($300.00) for the annual poultry house contractor license shall be paid at the time of license application to the Construction Industries Board. The annual license shall expire one (1) year from the date of issuance. A poultry house contractor license shall be issued for one year, at which time it may be renewed upon meeting the requirements of this section, making application, and paying the nonrefundable license renewal fee in the amount of Two Hundred Dollars ($200.00).
C. The Construction Industries Board shall, upon proper application and payment of fee, license and issue a certificate of poultry house contractor license to any person who furnishes satisfactory proof to the Board that the applicant:
1. Is eighteen (18) years of age or over;
2. Is the party performing, overseeing or otherwise responsible for the poultry house contractor work performed and who meets all requirements of this act and resulting rules required to obtain such license; and
3. Has provided all necessary information and documentation required under this act, the resulting rules, and as requested by the Board.
D. The Construction Industries Board shall require the following for a poultry house contractor license:
1. The applicant's full legal name, physical address, mailing address, business name, telephone number of business and applicant, address and place of incorporation, if any, and address of legal registered service agent in this state;
2. Proof of lawful presence in the United States for the applicant and all employees and laborers working under the applicant in this state who will be involved in wiring a poultry house for environmentally controlled poultry houses;
3. A listing of the names and social security numbers of all employees and laborers working in this state who will be involved in wiring a poultry house for environmentally controlled poultry houses. The social security number information shall remain with the Board as confidential and privileged except for necessary disclosures to state agencies to verify compliance with requirements of this act or upon request by law enforcement;
4. The business entity's federal tax ID number or the employer's or owner's social security number. The employer's account number assigned by the Employment Security Commission. The social security number information shall remain with the Board as confidential and privileged except for necessary disclosures to state agencies to verify compliance with requirements of this act or upon request by law enforcement;
5. A letter of good standing from the Secretary of State in the state the contractor is domiciled and other documentation of valid license or registration from the domicile state licensing or registration board, commission or agency;
6. Disclosure of resident or nonresident contractor status, and state of residence and domicile;
7. A copy of the applicant's certificate of liability insurance shall be filed with the application and shall be not less than Five Hundred Thousand Dollars ($500,000.00). Any insurance company issuing a liability policy to an applicant pursuant to the provisions of the poultry house contractor license under this act shall be required to notify the Construction Industries Board in the event such liability policy is cancelled for any reason or lapses for nonpayment of premiums. All licenses granted under this act shall be suspended on the date of the policy cancellation. The Board must receive proof of insurance prior to reinstating the license;
8. The applicant shall submit proof of satisfactory workers' compensation coverage under the Workers' Compensation Act or an affidavit of exemption or self-insurance as authorized pursuant to the Workers' Compensation Act;
9. Disclosure of any felony convictions; and
10. Applicants for poultry house contractor license shall provide such additional documents, statements or other information as may be deemed appropriate or necessary and required by the Board.
E. The Construction Industries Board shall refuse to license any person if the Board determines:
1. The application contains false, misleading or incomplete information;
2. The applicant or any member of the business entity fails or refuses to provide any information requested by the Board;
3. The applicant fails or refuses to pay the required fees;
4. The applicant or owner or officer or managing member of the legal entity is ineligible for license due to a suspended or revoked license or registration in this state;
5. The nonresident applicant has a revoked or suspended registration or license required by law for contractors in another state; or
6. The applicant or legal entity has failed or refuses to submit any taxes due in this state.
F. The Board shall suspend the poultry house contractor license when the licensee fails to:
1. Maintain liability insurance coverage;
2. Maintain satisfactory workers' compensation coverage under the Workers' Compensation Act or provide an affidavit of exemption or self-insurance as authorized pursuant to the Workers' Compensation Act;
3. Comply with provisions of the Electrical License Act or any rule or order issued pursuant thereto;
4. Perform normal business obligations without justifiable cause;
5. Notify the Board of a change in name, address, legal business entity, legal service agent, adverse finding by a licensing entity in this state or another state or adjudication by a court of competent jurisdiction for any act or omission that is a violation of the Electrical License Act;
6. Maintain a registration or license as required by law in another state while licensed in this state as a nonresident contractor; or
7. File and pay all taxes of the contractor or legal entity when due in this state.
Added by Laws 2015, c. 313, § 22, eff. July 1, 2015.