§ 5-65-2 - Applications.
SECTION 5-65-2
§ 5-65-2 Applications. – (a) The following persons shall be exempt from registration under this chapter:
(1) A person who is constructing, altering, improving, orrepairing his or her own personal property.
(2) A person who is constructing, altering, improving, orrepairing a structure located within the boundaries of any site or reservationunder the jurisdiction of the federal government.
(3) A person who furnishes materials, supplies, equipment, orfurnishes products and does not fabricate them into, or consume them, in theperformance of the work of a contractor. If the person wants to file a claimpursuant to this chapter they must be registered pursuant to this chapter.
(4) A person working on one structure or project, under oneor more contracts when the price of all of that person's contracts for labor,materials, and all other items is less than five hundred dollars ($500) and thework is of a casual, minor, or inconsequential nature. This subsection does notapply to a person who advertises or puts out any sign or card or other device,which might indicate to the public that the person is a contractor.
(5) This section does not apply to a person who constructs orfor compensation with the intent to sell the structure, or who arranges to haveconstructed a structure to be sold before, upon or after completion. It shallbe prima facie evidence that there was intent to offer the structure for saleif the person who constructed the structure or arranged to have the structureconstructed does not occupy the structure for one calendar year aftercompletion.
(6) A person performing work on a single dwelling unitproperty that person owns, whether occupied by that person or not, or a personperforming work on that person's residence, whether or not that person owns theresidence. This subdivision does not apply to a person performing work on astructure owned by that person if the work is performed, in the pursuit of anindependent business, with the intent of offering the structure for salebefore, upon, or after completion.
(7) A person who performs work subject to this chapter as anemployee of a contractor.
(8) A manufacturer of a mobile home constructed understandards established by the federal government.
(9) A person involved in the movement of:
(i) Modular buildings or structures other than mobile homesnot in excess of fourteen (14) feet in width.
(ii) Structures not in excess of sixteen (16) feet in widthwhen these structures are being moved by their owner if the owner is not acontractor required to be registered under this chapter.
(10) Any person or business entity licensed by the stateemploying licensed trades persons as defined by chapters 6, 20, and 56 of thistitle, and 26 and 27 of title 28 and working within the purview of the licenseissued by the governing agency shall be exempt from all the provisions of thischapter except § 5-65-7, requiring insurance. A valid certificate ofinsurance shall be required to be maintained by the licensing agency during theterms of the issuance date of the license as a condition for a valid license.Failure of the licensee to maintain this insurance shall result in loss oflicense pursuant to requirements of statutes governing the licensing authority.
(b) No registration shall be issued to a nonresidentcontractor until he or she has filed with the board a power of attorneyconstituting and appointing a lawful attorney upon whom all processes in anyaction or legal proceeding against him or her may be served, and in the powerof attorney agrees that any lawful process against him or her which may beserved upon his or her attorney is of the same force and validity as if servedon the nonresident contractor, and that the force continues irrevocably inforce until such time as the board has been duly notified in writing of anychange to that status.