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      RS 37:2150.1     

  

§2150.1. Definitions

            As used in this Chapter, the following terms have the following meanings:

            (1) "Board" means the State Licensing Board for Contractors.

            (2) "Commercial" means any construction project except residential structures intended to be primarily occupied as a residence with no more than two separate dwelling units incorporated into one structure.

            (3) "Contract" means an agreement to perform a scope of work that is regulated by this Chapter. The project value includes the entire cost of the labor, materials, rentals, and all direct and indirect project expenses. The cost of materials, rentals, and direct and indirect expenses shall be included regardless of who pays the costs or if they are donated. The "principal contract" is the agreement to perform the entire scope of work for a construction project.

            (4)(a) "Contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment for any of the following:

            (i) Any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, or housing development, improvement, or any other construction undertaking for which the project value is fifty thousand dollars or more when the property is to be used for commercial purposes.

            (ii) Any new residential structure for which the project value is fifty thousand dollars or more when the property is used for residential purposes.

            (iii) Any improvements or repairs to an existing residential structure for which the project value is seven thousand five hundred dollars or more.

            (iv) Any mold remediation for which the project value is seven thousand five hundred dollars or more.

            (b) The term "contractor" includes persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

            (c) A contractor holding a license in the major classification of hazardous materials, or any subclassifications thereunder, is defined in terms of work performed for which the project value is one dollar or more.

            (d) "Contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking. "Proprietary" means specific and specialized equipment installation, manufacturing processes, used, or components that are protected from disclosure to third parties by the owner or manufacturer of the equipment.

            (5) "Controlled access" means the complete building or facility area under direct physical control within which an unauthorized person is denied access.

            (6) "Electrical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor together with material and equipment, or installing the same for the wiring, fixtures, or appliances for the supply of electricity to any residential, commercial, or other project, for which the project value is ten thousand dollars or more. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become an electrical contractor.

            (7) "Employee" means a worker whose employer deducts taxes from his wages and reports his annual earnings to the Internal Revenue Service using a W-2 form.

            (8) "Executive director" means the person appointed by the board to serve as the chief operating officer in connection with the day-to-day operation of the board's business. The executive director is the appointing authority for all employees of the board.

            (9)(a) "General contractor" means a person who contracts directly with the owner. The term "general contractor" includes the term "primary contractor" and wherever used in this Chapter or in regulations promulgated thereunder "primary contractor" means "general contractor".

            (b) "General contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

            (10) "Home improvement" means the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any preexisting residential structure which building is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building for which the project value is seven thousand five hundred dollars or more. "Home improvement" does not include services rendered gratuitously.

            (11) "Home improvement contractor" means any person who undertakes or attempts to undertake or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a home improvement project for which the project value is at least seven thousand five hundred dollars but less than fifty thousand dollars. A home improvement contractor shall not perform any structural work that is integral to the structural integrity of any new or existing structure, including but not limited to footings, foundations, outside walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or roofing systems to any type.

            (12) "License" means any form of license or registration the board is authorized to issue in accordance with this Chapter.

            (13) "Mechanical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor, or furnishing labor together with material and equipment, or installing the same for the construction, installation, maintenance, testing, and repair of air conditioning, refrigeration, heating systems, and plumbing for all residential, commercial, and industrial applications as well as ventilation systems, mechanical work controls, boilers and other pressure vessels, steam and hot water systems and piping, gas piping and fuel storage, and chilled water and condensing water systems and piping, including but not limited to any type of industrial process piping and related valves, fittings, and components, for which the project value is ten thousand dollars or more. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become a mechanical contractor.

            (14) "Mold remediation contractor" means any person who engages in removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter that was not purposely grown at that location for which the project value is seven thousand five hundred dollars or more. Mold remediation applies only to the regulation of mold-related activities that affect indoor air quality and does not apply to routine cleaning when not conducted for the purpose of mold-related activities intended to affect indoor air quality.

            (15) "Person" means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision.

            (16) "Plumbing contractor" means any person who installs, maintains, and repairs potable and nonpotable tap water or sewer systems within a building structure or residential structure for which the project value is ten thousand dollars or more.

            (17) "Principal" means an owner, shareholder, or an officer or director of a corporation; a member or manager of a limited liability company; a general partner of a partnership; a sole proprietor; a trustee; or a full-time employee with similar operational control or significant influence with respect to any person as determined by the board.

            (18) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the provisions of this Chapter including but not limited to meeting the requirements for the initial license and any continuation thereof.

            (19)(a) "Residential contractor" means any person who constructs a fixed building or structure for sale or use by another as a residence or who, for a price, commission, fee, wage, or other compensation, undertakes or offers to undertake the construction or superintending of the construction of any residential structure which is not more than three floors in height, to be used by another as a residence, for which the project value is fifty thousand dollars or more. The term "residential contractor" includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

            (b) "Residential contractor" includes both of the following:

            (i) Any person bidding or performing home improvement for which the project value is seven thousand five hundred dollars or more.

            (ii) Any person performing the installation of a modular home with a value equal to or greater than fifty thousand dollars for which the total project value shall not include the cost of the component parts of the modular home in the condition each part leaves the factory pursuant to R.S. 40:1730.71.

            (c) "Residential contractor" does not include any person engaged in building residential structures that are built to the United States Department of Housing and Urban Development's construction standards for manufactured housing as outlined at 42 U.S.C. 5401 et seq., or mounted on a metal chassis and wheels.

            (20) "Residential roofing" means the construction, alteration, repair, improvement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with materials or equipment, or the installation of materials or equipment for any phase of roofing specific to a residential structure for which the project value is seven thousand five hundred dollars or more.

            (21) "Residential roofing contractor" means any person who undertakes to, attempts to, or submits a price or bid, or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a residential roofing project for which the project value is seven thousand five hundred dollars or more.

            (22) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence. Such structures or buildings include but are not limited to single family dwellings and duplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence. A residential structure more than three floors in height may be built by a person holding a building construction and residential construction license.

            (23) "Subcontract" means an agreement to perform a portion of the scope of work contained in the principal contract including the entire cost of labor and materials of that part of the principal contract which is performed by the subcontractor.

            (24)(a) "Subcontractor" means a person who contracts to perform a scope of work that is a part of the scope of work contained in the principal contract.

            (b) "Subcontractor" does not include any person, supplier, or manufacturer who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

            Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 638, §1, eff. Feb. 1, 1996; Acts 1997, No. 146, §1; Acts 1997, No. 770, §1; Acts 2003, No. 643, §1; Acts 2003, No. 1146, §2; Acts 2007, No. 398, §1; Acts 2008, No. 725, §1, eff. Jan. 1, 2009; Acts 2019, No. 371, §1; Acts 2022, No. 195, §1; Acts 2024, No. 178, §1; Acts 2025, No. 422, §1.



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