32-1101

32-1101. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Advertisement" means any written or oral publication, dissemination,
solicitation or circulation which is intended to directly or indirectly induce any person
to enter into an agreement for contracting services with a contractor including business
cards and telephone directory display advertisements.

2. "Commercial contractor" is synonymous with the terms "commercial builder",
"industrial builder" and "public works builder" and means any person, firm, partnership,
corporation, association or other organization, or any combination, that, for
compensation, undertakes to or offers to undertake to, purports to have the capacity to
undertake to, submits a bid to, does himself or by or through others, or directly or
indirectly supervises others, except within residential property lines, to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or
demolish any building, highway, road, railroad, excavation or other structure, project,
development or improvement, or to do any part thereof, including the erection of
scaffolding or any other structure or work in connection with the construction.

(b) Connect such structure or improvements to utility service lines and metering
devices and the sewer line.

3. "Contractor" is synonymous with the term "builder" and means any person, firm,
partnership, corporation, association or other organization, or a combination of any of
them, that, for compensation, undertakes to or offers to undertake to, purports to have
the capacity to undertake to, submits a bid or responds to a request for qualification or
a request for proposals for construction services to, does himself or by or through
others, or directly or indirectly supervises others to:

(b) Connect such structure or improvements to utility service lines and metering
devices and the sewer line.

4. "Dual licensed contractor" is synonymous with the term "commercial and
residential builder" and means any person, firm, partnership, corporation, association or
other organization, or any combination, that undertakes to or offers to undertake to,
purports to have the capacity to undertake to, submits a bid to, does himself or by or
through others, or directly or indirectly supervises others under a single license on
commercial or residential property to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or
demolish any building, excavation or other structure or improvement, including any
appurtenances, or to do any part thereof.

(b) Connect such structure or improvements to utility service lines and metering
devices and the sewer line.

5. "Person" means an applicant, an individual, a member of a limited liability
company, a qualifying party, any partner of a partnership or limited liability
partnership or any officer, director, qualifying party, trustee of a trust, beneficiary
of a trust or owner of at least twenty-five per cent of the stock or beneficial interest
of a corporation.

6. "Registrar" means the registrar of contractors.

7. "Residential contractor" is synonymous with the term "residential builder" and
means any person, firm, partnership, corporation, association or other organization, or a
combination of any of them, that undertakes to or offers to undertake to, purports to
have the capacity to undertake to, submits a bid to, or does himself or by or through
others, within residential property lines:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or
demolish any residential structure, such as houses, townhouses, condominiums or
cooperative units. Residential structures also include apartment complexes of four units
or less and any appurtenances on or within residential property lines.

(b) Connect such residential structure to utility service lines, metering devices
or sewer lines.

B. "Contractor" includes subcontractors, specialty contractors, floor covering
contractors, landscape contractors, other than gardeners, and consultants representing
themselves as having the ability to supervise or manage a construction project for the
benefit of the property owner including the hiring and firing of specialty contractors,
the scheduling of work on the project and the selection and purchasing of construction
material.

C. For the purposes of this chapter "residential contractor" does not include an
owner making improvements pursuant to section 32-1121, subsection A, paragraph 5.

D. Only contractors as defined in this section are licensed and regulated by this
chapter.