§ 54.1-1101. Exemptions; failure to obtain certificate of occupancy;penalties.
A. The provisions of this chapter shall not apply to:
1. Any governmental agency performing work with its own forces;
2. Work bid upon or undertaken for the armed services of the United Statesunder the Armed Services Procurement Act;
3. Work bid upon or undertaken for the United States government on land underthe exclusive jurisdiction of the federal government either by statute ordeed of cession;
4. Work bid upon or undertaken for the Department of Transportation on theconstruction, reconstruction, repair or improvement of any highway or bridge;
5. Any other persons who may be specifically excluded by other laws but onlyto such an extent as such laws provide;
6. Any material supplier who renders advice concerning use of products soldand who does not provide construction or installation services;
7. Any person who performs or supervises the construction, removal, repair orimprovement of no more than one primary residence owned by him and for hisown use during any 24-month period;
8. Any person who performs or supervises the construction, removal, repair orimprovement of a house upon his own real property as a bona fide gift to amember of his immediate family provided such member lives in the house. Forpurposes of this section, "immediate family" includes one's mother, father,son, daughter, brother, sister, grandchild, grandparent, mother-in-law andfather-in-law;
9. Any person who performs or supervises the repair or improvement ofindustrial or manufacturing facilities, or a commercial or retail building,for his own use;
10. Any person who performs or supervises the repair or improvement ofresidential dwelling units owned by him that are subject to the VirginiaResidential Landlord and Tenant Act (§ 55-248.2 et seq.);
11. Any owner-developer, provided that any third party purchaser is made athird party beneficiary to the contract between the owner-developer and alicensed contractor whereby the contractor's obligation to perform thecontract extends to both the owner-developer and the third party; and
12. Work undertaken by students as part of a career and technical educationproject as defined in § 22.1-228 established by any school board inaccordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1for the construction of portable classrooms or single family homes.
All other contractors performing work for any government or for anygovernmental agency are subject to the provisions of this chapter and arerequired to be licensed as provided herein.
B. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 10, 11, or 12 of subsection A shall obtain a certificate ofoccupancy for any building constructed, repaired or improved by him prior toconveying such property to a third party purchaser, unless such purchaser hasacknowledged in writing that no certificate of occupancy has been issued andthat such purchaser consents to acquire the property without a certificate ofoccupancy.
C. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 8, 9, 10, 11, or 12 of subsection A shall comply with theprovisions of the Uniform Statewide Building Code (§ 36-97 et seq.).
D. Any person who violates the provisions of subsections B or C shall beguilty of a Class 1 misdemeanor. The third or any subsequent conviction ofviolating subsections B or C during a 36-month period shall constitute aClass 6 felony.
(Code 1950, § 54-141; 1970, c. 319; 1980, c. 634; 1988, c. 765; 1990, c. 911;1998, c. 754; 2003, c. 1025; 2004, c. 189; 2005, c. 348; 2007, c. 332.)
§ 54.1-1101. Exemptions; failure to obtain certificate of occupancy;penalties.
A. The provisions of this chapter shall not apply to:
1. Any governmental agency performing work with its own forces;
2. Work bid upon or undertaken for the armed services of the United Statesunder the Armed Services Procurement Act;
3. Work bid upon or undertaken for the United States government on land underthe exclusive jurisdiction of the federal government either by statute ordeed of cession;
4. Work bid upon or undertaken for the Department of Transportation on theconstruction, reconstruction, repair or improvement of any highway or bridge;
5. Any other persons who may be specifically excluded by other laws but onlyto such an extent as such laws provide;
6. Any material supplier who renders advice concerning use of products soldand who does not provide construction or installation services;
7. Any person who performs or supervises the construction, removal, repair orimprovement of no more than one primary residence owned by him and for hisown use during any 24-month period;
8. Any person who performs or supervises the construction, removal, repair orimprovement of a house upon his own real property as a bona fide gift to amember of his immediate family provided such member lives in the house. Forpurposes of this section, "immediate family" includes one's mother, father,son, daughter, brother, sister, grandchild, grandparent, mother-in-law andfather-in-law;
9. Any person who performs or supervises the repair or improvement ofindustrial or manufacturing facilities, or a commercial or retail building,for his own use;
10. Any person who performs or supervises the repair or improvement ofresidential dwelling units owned by him that are subject to the VirginiaResidential Landlord and Tenant Act (§ 55-248.2 et seq.);
11. Any owner-developer, provided that any third party purchaser is made athird party beneficiary to the contract between the owner-developer and alicensed contractor whereby the contractor's obligation to perform thecontract extends to both the owner-developer and the third party; and
12. Work undertaken by students as part of a career and technical educationproject as defined in § 22.1-228 established by any school board inaccordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1for the construction of portable classrooms or single family homes.
All other contractors performing work for any government or for anygovernmental agency are subject to the provisions of this chapter and arerequired to be licensed as provided herein.
B. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 10, 11, or 12 of subsection A shall obtain a certificate ofoccupancy for any building constructed, repaired or improved by him prior toconveying such property to a third party purchaser, unless such purchaser hasacknowledged in writing that no certificate of occupancy has been issued andthat such purchaser consents to acquire the property without a certificate ofoccupancy.
C. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 8, 9, 10, 11, or 12 of subsection A shall comply with theprovisions of the Uniform Statewide Building Code (§ 36-97 et seq.).
D. Any person who violates the provisions of subsections B or C shall beguilty of a Class 1 misdemeanor. The third or any subsequent conviction ofviolating subsections B or C during a 36-month period shall constitute aClass 6 felony.
(Code 1950, § 54-141; 1970, c. 319; 1980, c. 634; 1988, c. 765; 1990, c. 911;1998, c. 754; 2003, c. 1025; 2004, c. 189; 2005, c. 348; 2007, c. 332.)
§ 54.1-1101. Exemptions; failure to obtain certificate of occupancy;penalties.
A. The provisions of this chapter shall not apply to:
1. Any governmental agency performing work with its own forces;
2. Work bid upon or undertaken for the armed services of the United Statesunder the Armed Services Procurement Act;
3. Work bid upon or undertaken for the United States government on land underthe exclusive jurisdiction of the federal government either by statute ordeed of cession;
4. Work bid upon or undertaken for the Department of Transportation on theconstruction, reconstruction, repair or improvement of any highway or bridge;
5. Any other persons who may be specifically excluded by other laws but onlyto such an extent as such laws provide;
6. Any material supplier who renders advice concerning use of products soldand who does not provide construction or installation services;
7. Any person who performs or supervises the construction, removal, repair orimprovement of no more than one primary residence owned by him and for hisown use during any 24-month period;
8. Any person who performs or supervises the construction, removal, repair orimprovement of a house upon his own real property as a bona fide gift to amember of his immediate family provided such member lives in the house. Forpurposes of this section, "immediate family" includes one's mother, father,son, daughter, brother, sister, grandchild, grandparent, mother-in-law andfather-in-law;
9. Any person who performs or supervises the repair or improvement ofindustrial or manufacturing facilities, or a commercial or retail building,for his own use;
10. Any person who performs or supervises the repair or improvement ofresidential dwelling units owned by him that are subject to the VirginiaResidential Landlord and Tenant Act (§ 55-248.2 et seq.);
11. Any owner-developer, provided that any third party purchaser is made athird party beneficiary to the contract between the owner-developer and alicensed contractor whereby the contractor's obligation to perform thecontract extends to both the owner-developer and the third party; and
12. Work undertaken by students as part of a career and technical educationproject as defined in § 22.1-228 established by any school board inaccordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1for the construction of portable classrooms or single family homes.
All other contractors performing work for any government or for anygovernmental agency are subject to the provisions of this chapter and arerequired to be licensed as provided herein.
B. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 10, 11, or 12 of subsection A shall obtain a certificate ofoccupancy for any building constructed, repaired or improved by him prior toconveying such property to a third party purchaser, unless such purchaser hasacknowledged in writing that no certificate of occupancy has been issued andthat such purchaser consents to acquire the property without a certificate ofoccupancy.
C. Any person who is exempt from the provisions of this chapter as a resultof subdivision 7, 8, 9, 10, 11, or 12 of subsection A shall comply with theprovisions of the Uniform Statewide Building Code (§ 36-97 et seq.).
D. Any person who violates the provisions of subsections B or C shall beguilty of a Class 1 misdemeanor. The third or any subsequent conviction ofviolating subsections B or C during a 36-month period shall constitute aClass 6 felony.
(Code 1950, § 54-141; 1970, c. 319; 1980, c. 634; 1988, c. 765; 1990, c. 911;1998, c. 754; 2003, c. 1025; 2004, c. 189; 2005, c. 348; 2007, c. 332.)
