NASCLA Contractors Guide Virginia (Chapter 3, 8TH Edition): Questions and Answers, Exams of Advanced Education

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NASCLA Contractors Guide Virginia (Chapter 3, 8TH^ Edition)

Questions With Latest Solutions.

What is the major Purpose of Licensing? - ✔✔✔- A major purpose of licensing is to protect the Health, safety, and welfare of the public.

• Licensing also defines the scope of occupational practice legally reserved for license holders. What does Licensing establish? - ✔✔✔- Licensing establishes entrance requirements, standards of practice, and disciplinary authority to protect the public from unqualified, incompetent, and unethical contractors What are licensing entrance requirements? - ✔✔✔- Licensing ensures that those practicing a trade or occupation have met a minimum set of qualifications, such as experience, training, and required examination. What is the purpose of Licensing Standards of Practice? - ✔✔✔- The workmanship standards ensure an appropriate level of quality is given to the public.
• Contractors are required to adhere to standards of practice established by law. Define the licensing Disciplinary Authority - ✔✔✔- The law provides licensing authorities with a mechanism to conduct investigations and to administer discipline to problem contractors. Violations can result in penalties, including fines and loss of license. What defines illegal and prohibited activities for contractors? - ✔✔✔- Statutes and regulations What is the purpose of the Virginia Board for Contractors? - ✔✔✔- to regulate contracting activities through exam, license, and disciplinary action.

Page 2 the Virginia Board for Contractors has how many members? - ✔✔✔- fifteen governor-appointed members who serve for four years the Virginia Board for Contractors members are made up of what? - ✔✔✔- - 7 licensed contractor members

• 3 representatives from the tradesman licensure program
• one local building offical member
• 1 representative from the Certified Elevator Mechanic Program or a licensed contractor with the elevator escalator specialty; one certified water well systems provider; and
• two citizen members. How frequently Virginia Board for Contractors meet? - ✔✔✔- at least once per year and other times as deemed necessary. Define contractor - ✔✔✔- means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property.

Page 3 A Contractor licenses consist of what two parts? - ✔✔✔- the class of the license AND the classification/specialty What does the class of the contractor's license determine? - ✔✔✔- what, if any restrictions are placed on the size of contracts and projects that may be performed What does the classification/specialty of the contractor's license determine? - ✔✔✔- what type of work the licensed contractor is allowed to perform. Eligibility for a contractor's license is based on what? - ✔✔✔- the applicant's knowledge, skills, abilities, financial position, and other entry requirements What other licensing requirements must VA contractors comply with? - ✔✔✔- the business must also comply with local city, town, and county licensing requirements. What are the exemptions to the requirements of the Virginia licensing law? - ✔✔✔- - any governmental agency performing work with its own forces;

• work bid upon or undertaken for the armed services of the United States under the Armed Services Procurement Act;
• work bid upon or undertaken for the United States government on land under the exclusive jurisdiction of the federal government, either by statute or deed of cessio!); (
• work bid upon or undertaken for the Department of Transportation on the construction, reconstruction, repair, or improvement of any highway or bridge;
• any other persons who may be specifically

Page 4 excluded by other laws, but onlyto such an extent as such laws provide;

• any material supplier who renders advice concerning use of products sold and who does not provide construction or installation services;
• any person who performs or supervises the construction, removal, repair, or improvement of no more than one primary residence owned by him or her and for his or her own use during any 24-month period;
• any person who performs or supervises the construction, removal, repair, or improvement of a house upon his or her own real property as a bona fide gift to a member of his or her immediate family, provided such member lives in the house;
• any person who performs or supervises the repair or improvement of industrial or manufacturing facilities or a commercial or retail building for his own use
• any person who performs or supervises the repair or improvement of residential dwelling units owned by him or her that are subject to the Virginia Residential Landlord and Tenant Act(§ 55-248.2 et seq.); any owner-developer, provided that any third-party purchaser is made a third-party beneficiary to the contract between the owner-developer and a licensed contractor whereby the contractor's obligation to perform the contract extends to both the owner-developer and the third-party; and
• the Which exceptions to the requirements of the Virginia licensing law must obtain a certificate of occupancy for any building constructed, repaired or improved by him or her prior to conveying the property to a third party purchaser? - ✔✔✔- - any person who performs or supervises the construction, removal, repair, or improvement of no more than one primary residence owned by him or her and for his or her own use during any 24-month period;
• any person who performs or supervises the

Page 5 construction, removal, repair, or improvement of a house upon his or her own real property as a bona fide gift to a member of his or her immediate family, provided such member lives in the house;

• any person who performs or supervises the repair or improvement of industrial or manufacturing facilities or a commercial or retail building for his own use
• any person who performs or supervises the repair or improvement of residential dwelling units owned by him or her that are subject to the Virginia Residential Landlord and Tenant Act(§ 55-248.2 et seq.); any owner-developer, provided that any third-party purchaser is made a third-party beneficiary to the contract between the owner-developer and a licensed contractor whereby the contractor's obligation to perform the contract extends to both the owner-developer and the third-party; and
• the construction of portable classrooms or single family homes by students as part of a career and technical education project established by any school board in accordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1. In what circumstance can one acquire the property without obtaining a certificate of occupancy?
• ✔✔✔- the purchaser has acknowledge in writing that no certificate of occupancy has been issued and they consent to acquire the property without such a certificate. The Board for Contractors issues licenses in what three classes? - ✔✔✔- Class A, Class 8, and Class C the type of license you should apply for is based on what? - ✔✔✔- on the value or contract price of the projects your business will be bidding on or engaged in What is the Specific minimum net worth requirements for

Page 6 license class A? - ✔✔✔- $45,000 or more What is the Specific minimum net worth requirements for license class B? - ✔✔✔- $15,000 or more What is the Specific minimum net worth requirements for license class C? - ✔✔✔- no net worth requirement Residential building energy analysis is defined under the Virginia Board for Contractors licensing law as what? - ✔✔✔- - an inspection, investigation, or survey .Of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HV AC, electronics, appliances, water heaters, insulation, and water conservation, and

• recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation. what does classification or specialty define? - ✔✔✔- defines the scope of practice that may be performed by the licensed contractor. The Board may grant a Class A, B, or C license in any of the following classifications: - ✔✔✔- - building contractor,
• highway/heavy contractor,
• electrical contractor,
• plumbing contractor,
• heating, ventilation, and air conditioning contractor, and
• specialty contractor.

Page 7 What occurs if you perform work outside of the scope of practice for your license? - ✔✔✔- If you perform work outside of the scope of practice for your license, you may be subject to disciplinary action by the Board. When does a contractors license expire? - ✔✔✔- Original licenses expire two years from the last day of the month in which they are issued When must a renewal form be submitted to maintain license? - ✔✔✔- the license holder must file a completed renewal form and submit appropriate fees within 30 days of the license expiration date. Applicants for renewal must meet all of the initial licensure qualifications for the particular class of license what changes require notification to the Board office? - ✔✔✔- - dissolution or alteration of the business entity holding the license (requires application for a new license within 30 days of the change of business entity);

• any change in the officers of a corporation, managers of an LLC, or officers or directors of an association shall be reported within 90 days;
• change of designated employee shall be reported within 90 days;
• change of any qualified individual shall be reported within 45 days;
• change of a business/trade name shall be reported within 30 days;
• change of address sha ll be reported within 30 days; and
• deletion or addition of a license classification or a specialty designation.

Page 8 The licensing law requires contractors to use what on residential projects? - ✔✔✔- written contract containing the elements as defined by licensing law. What elements must the contract contain? - ✔✔✔- - when work is to begin and the estimated completion date;

• a statement of the total cost of the contract and the amounts and schedule for progress payments, including a specific statement o the amount of the down payment;
• a listing of specified materials and work to be performed, which is specifically requested by the consumer;
• a "plain-language" exculpatory clause concerning events beyond the control of the contractor and a statement explaining that delays caused by such events do not constitute abandonment and are not included in calculating time frames for payment or performance;
• a statement of assurance that the contractor will comply with all local requirements for building permits, inspections, and zoning;
• a disclosure of the cancellation rights of the parties;
• for contracts resulting from a door-to-door solicitation, a signed acknowledgment by the consumer that he or she has been provided with and read the Department of Professional and Occupational Regulation statement of protection available to him or her through the Board for Contractors;
• the contractor's name, address, license number, class of license, and classifications or specialty services; and a statement providing that any modification on to the contract that changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by all parties.

Page 9 Disciplinary action against a licensee can result in one or more of the following: - ✔✔✔- - require remedial education;

• suspension, revocation or denial of renewal of an existing license
• referral to local municipal court for criminal prosecution; referral to local municipal court for assessment of civil penalties;
• administrative penalties;
• order for corrective work; and
• repayment of recovery fund claims. False, deceptive, or misleading advertising is a prohibited acts subject to disciplinary action by the Board. True or False - ✔✔✔- True Name 3 prohibited acts subject to disciplinary action related to contracting - ✔✔✔- - Negligence or incompetence in the practice of contracting
• Misconduct in the practice of contracting
• Finding by a court of improper or dishonest conduct in the practice of contracting Providing an illegible handwritten contract in a residential project fulfills contract requirement. True or False. - ✔✔✔- False. as defined by licensing law, to make use of a legible and signed written contract clearly specifying the terms and conditions of the work to be performed Define abandonment in contracting - ✔✔✔- the unjustified cessation of work under the contract for a period of 30 days or more What is the Contractor Transaction

Page 10 Recovery Fund? - ✔✔✔- created to provide some amount of monetary assistance to homeowners who have suffered a reimbursable loss resulting from the dishonest or incompetent conduct of a licensed general contractor. Contractor Transaction Recovery Fund limits amounts per claimant to what? - ✔✔✔- $20, The total payout from the Contractor Transaction Recovery fund per contractor is what? - ✔✔✔- $40, Contractor Transaction Recovery Fund minimum balance is set to what amount? - ✔✔✔- $400, what are licenses issued based on? - ✔✔✔- contract amount limitations and net worth of the licencee