Tennessee § 62-6-102 - Chapter definitions.

§ 62-6-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Board” means the state board for licensing contractors created pursuant to § 62-6-104; “Commercial building contractors” are those contractors authorized to bid on and contract for every phase of the construction, direction, alteration, repair or demolition of any building or structure for use and occupancy by the general public; “Contracting” means any person or entity that performs or causes to be performed any of the activities defined in subdivision (4)(A) or (7); “Contractor” means any person or entity that undertakes to, attempts to or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing labor to install material or equipment for any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, housing development, improvement or any other construction undertaking for which the total cost is twenty-five thousand dollars ($25,000) or more; provided, however, with respect to a licensed masonry contractor, such term means and includes the masonry portion of the construction project, the total cost of which exceeds one hundred thousand dollars ($100,000), materials and labor; “Contractor” includes, but is not limited to, a prime contractor, electrical contractor, electrical subcontractor, mechanical contractor, mechanical subcontractor, plumbing contractor and plumbing subcontractor, masonry contractor, and roofing subcontractor where the total cost of the roofing portion of the construction project is twenty-five thousand dollars ($25,000) or more; If the cost of a project exceeds twenty-five thousand dollars ($25,000), “contractor” also includes a construction manager of any kind, including, but not limited to, a residential construction manager, construction consultant, architect or engineer who conducts or provides any activity or service described in this subdivision (4) other than normal architectural and engineering services; As used in subdivision (4)(A)(iii), “normal architectural and engineering services” means: The preparation of bids, proposals, plans, specifications or other contract documents or the evaluation of contractors, subcontractors or suppliers; The approval of shop drawings, submittals, substitutions, pay requests or other certifications required by contract documents; Conducting representative reviews for progress and quality of construction on behalf of the owner; Interpretations and clarifications of contract documents; Preparation and approval of changes in construction; and Preparation of as-built drawings and operation and maintenance manuals; “Contractor” does not include an engineer licensed in accordance with chapter 2 of this title who is: Managing and supervising the removal, remediation or clean up of pollutants or wastes from the environment; Serving as a corrective action contractor, as defined by the rules and regulations of the department of environment and conservation; Conducting subsurface investigation or testing, or both, by drilling or boring to determine subsurface conditions; Conducting geophysical or chemical testing of soil, rock, ground water or residues; or Installing of monitoring detection wells or piezometers for evaluating soil or ground water characteristics; “Contractor” does not include: Any undertaking, as described in former subdivision (3)(D)(i) [repealed] for the department of transportation; or Subcontractors other than electrical subcontractors, licensed masonry contractors, and roofing subcontractors where the total cost of the roofing portion of the construction project is twenty-five thousand dollars ($25,000) or more, mechanical subcontractors and plumbing subcontractors defined as a contractor pursuant to subdivision (4)(A); No contractor shall be authorized to perform contracting work as a licensed masonry contractor unless the contractor is licensed as a masonry contractor in accordance with this part; “Licensed masonry contractor” means a contractor who builds structures from individual units of brick, stone, or concrete and glass block laid in and bound together by mortar, where the total cost of the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000), materials and labor, and who is required to obtain a license as a licensed masonry contractor by the board; “Limited licensed electrician” means any person or entity that performs any electrical work that has a total cost of less than twenty-five thousand dollars ($25,000) and that is required to be registered under § 68-102-150; “Prime contractor” is one who contracts directly with the owner; “Residential contractor” means one whose services are limited to construction, remodelling, repair or improvement of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height and accessory use structures in connection with the residences; and “Roofing work” means the act of removing, installing, repairing or otherwise maintaining any covering to any at- or above-grade structure for the purpose of providing weather proof protection or ornamental enhancement to such structure. Acts 1976, ch. 822, § 2; 1977, ch. 101, § 1; 1977, ch. 406, § 1; 1980, ch. 652, § 3; 1981, ch. 399, § 1; T.C.A., § 62-602; Acts 1982, ch. 737, § 1; 1985, ch. 245, § 1; 1988, ch. 589, § 1; 1989, ch. 336, § 1; 1991, ch. 173, §§ 1-3; 1991, ch. 217, § 1; 1992, ch. 1020, §§ 1-18; 1993, ch. 147, § 1; 1994, ch. 986, § 1; 1998, ch. 645, § 1; 1998, ch. 764, § 1; 1999, ch. 238, §§ 1, 2; 1999, ch. 245, § 1; 2000, ch. 625, § 1; 2002, ch. 772, § 1; 2003, ch. 409, §§ 1, 2; 2006, ch. 577, § 1; 2009, ch. 482, § 2; 2010, ch. 950, §§ 1-5; 2013, ch. 355, §§ 1-3. Compiler's Notes. Acts 1999, ch. 238, § 10, provided that the state fire marshal is hereby directed to notify by mail and by other means deemed to be reasonable all persons who are registered pursuant to § 68-102-150 on July 1, 1999. Such notification shall include the requirements of Acts 1999, ch. 238 pertaining to limited licensed electricians and the means for obtaining a license as a limited licensed electrician. Such notification shall also include a telephone number that persons needing additional information can call. Acts 1999, ch. 238 is codified in this section and §§ 62-6-103 , 62-6-111 , 62-6-120 , 62-6-130 and 62-6-131 . For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2006, ch. 577, § 1 provided: “It is the intent of the general assembly that any contractor licensed under Chapter 409 of the Public Acts of 2003 to construct residences or dwellings in such person's county of residence shall continue to be licensed for such purposes as described in Chapter 409 of the Public Acts of 2003 unless such license is revoked, suspended, retired or not renewed for good cause. Any provision of Tennessee Code Annotated, Title 62, Chapter 6, relative to renewal of contractors' licenses shall also be applicable to licenses granted pursuant to Chapter 409 of the Public Acts of 2003.” Acts 2003, ch. 409, § 2 rewrote § 62-6-102(3)(D)(i) . Former subdivision (3)(D)(i), referred to in this section, was repealed by Acts 2003, ch. 409, § 3, effective January 1, 2006. Acts 2010, ch. 950, § 7 provided that the state board for licensing contractors shall charge a licensing fee in an amount sufficient to cover all costs associated with issuing a license to persons performing contracting services in this state as a licensed masonry contractor, as this term is defined in § 62-6-102 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Licenses, § 10. Law Reviews. The Exclusiveness of an Employee's Workers' Compensation Remedy Against His Employer (Joseph H. King, Jr.), 55 Tenn. L. Rev. 405 (1988). Attorney General Opinions. Constitutionality of exempting certain counties from contractor licensing statutes, OAG 99-112, 1999 Tenn. AG LEXIS 112 (5/13/99).