54.1-1135 - Prohibited acts.

§ 54.1-1135. Prohibited acts.

A. Practicing or attempting to practice as a tradesman, liquefied petroleumgas fitter or natural gas fitter provider in the Commonwealth, except asprovided for in this article, is prohibited and shall constitute thecommission of a Class 1 misdemeanor.

B. No person shall represent himself as a certified backflow preventiondevice worker unless he has been certified by the Board. Any person engagingor offering to engage in backflow prevention device worker activities withinthe meaning of this chapter who, through verbal claim, sign, advertisement,or letterhead, represents himself as a certified backflow prevention deviceworker without holding such a certificate from the Board shall be guilty of aClass 1 misdemeanor.

C. No person shall be entitled to assert the lack of licensure as required bythis article as a defense to any action at law or suit in equity if the partywho seeks to recover from such person gives substantial performance withinthe terms of the contract in good faith and without actual knowledge of thelicensure requirements of this article.

D. In any locality which requires state certification to engage in backflowprevention device worker activities, no person shall be entitled to assert alack of certification as a defense to any action at law or suit in equity ifthe party who seeks to recover from such person gives substantial performancewithin the terms of the contract in good faith and without actual knowledgeof the locality's certification requirements.

(1994, c. 895; 1996, cc. 934, 1006; 1997, cc. 403, 885; 1999, cc. 343, 833.)