(a) As used in this section, “major contractor” means (1) any person engaged in the business of construction, structural repair, structural alteration, dismantling or demolition of a structure or addition that exceeds the threshold limits provided in section 29-276b, or (2) any person who, under the direction of a general contractor, performs or offers to perform any work that impacts upon the structural integrity of a structure or addition, including repair, alteration, dismantling or demolition of a structure or addition that exceeds the threshold limits provided in section 29-276b. Such work includes, but is not limited to, roofing, masonry and structural frame work.
(b) No person shall engage in or offer to perform the work of any major contractor in this state on any proposed structure or existing structure or addition that exceeds the threshold limits contained in section 29-276b unless such person has first obtained a license or certificate of registration as required under the provisions of chapter 539 or a registration from the Department of Consumer Protection in accordance with the provisions of this section. Individuals licensed under chapter 393 shall be exempt from the provisions of this chapter while engaging in work that they are licensed to perform. The department shall issue a certificate of registration to any person who is prequalified pursuant to section 4a-100 who applies for registration in accordance with this section. Such prequalified person shall not be required to pay a fee for such registration at any time that the person maintains valid prequalification. If the individual or the firm, company, partnership or corporation employing such individual is engaged in work on a structure or addition that exceeds the threshold limits contained in section 29-276b and requires licensure under chapter 393, the firm, company, partnership or corporation shall be exempt from the provisions of this chapter concerning registration of major contractors, if the firm, company, partnership or corporation employs an individual who is licensed as a contractor under chapter 393 to perform such work. The department shall furnish to each qualified applicant a registration certifying that the holder of such registration is entitled to engage in the work for which the person has been issued a registration under this subsection, and the holder of such registration shall carry it on his person while engaging in such work. Such registration shall be shown to any properly interested person upon request. No such registration shall be transferred to or used by any person other than the person to whom the registration was issued. The department shall maintain rosters of registrants and shall update such rosters annually. The department may provide copies of rosters to the public for an appropriate fee. The department may deny, suspend or revoke any registration issued by the department if the holder of such registration (1) is convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the registration holder's ability to safely or competently perform the work under such registration, (B) information pertaining to the degree of rehabilitation of the registration holder, and (C) the time elapsed since the conviction or release, (2) is grossly incompetent, (3) is disqualified, pursuant to section 4a-100 or whose prequalification certificate has been revoked pursuant to section 4a-100, (4) engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his work, or (5) violates any regulation adopted under subsection (c) of this section. Before any registration is suspended or revoked, such holder shall be given notice and an opportunity for hearing as provided in regulations adopted under subsection (c) of this section. The Commissioner of Consumer Protection shall provide written notice of any suspension or revocation of a registration to the Commissioner of Administrative Services not later than ten days after such suspension or revocation.
(c) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section. Such regulations shall (1) establish the registration requirements for major contractors, (2) specify application and registration fees, and (3) establish occupational standards for the preservation of the public safety.
(d) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining registration issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.
(2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee.
(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a registration issued pursuant to this section.
(4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
(P.A. 88-359, S. 6, 12; P.A. 89-255, S. 6, 7; P.A. 90-153, S. 3, 4; P.A. 91-407, S. 16, 42; P.A. 95-135, S. 4; P.A. 96-259, S. 6; P.A. 98-3, S. 41; P.A. 03-215, S. 15; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d), (h); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 22-88, S. 22.)
History: P.A. 89-255 amended Subsec. (a) to extend date for licensing from July 1, 1989, to July 1, 1990, and to eliminate reference to “building having four or more stories” and inserted in lieu thereof “structure or addition for which plans are required to be sealed by a licensed architect or professional engineer” and amended Subsec. (b) to extend date for adoption of regulations from January 1, 1989, to January 1, 1990; P.A. 90-153 amended Subsec. (a) to limit term “structure or addition” to that which exceeds threshold limits in Sec. 29-276b, deleting phrase “for which plans are required to be sealed by a licensed architect or professional engineer”; P.A. 91-407 amended Subsec. (a) by adding provisions re exemption from provisions of chapter concerning licensure of major subcontractors; P.A. 95-135 amended Subsec. (a) to specify that contractors must obtain a license to perform work on a proposed or existing structure or addition rather than existing structure or addition; P.A. 96-259 amended Subsec. (a) to substitute “major” contractor for “general contractor or major subcontractor” and to change the references from license to registration and inserted new Subsec. (b) defining “major contractor”, designating existing Subsec. (b) as Subsec. (c); P.A. 98-3 made technical changes; P.A. 03-215 made a technical change in Subsec. (a) and amended Subsec. (b) re registration of, and waiver of fees for, prequalified contractors, suspension or revocation of registration for contractors who are disqualified or whose prequalification is revoked, and provision of notice of suspension or revocation of registration to the Commissioner of Administrative Services, effective October 1, 2004; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 22-88 amended Subsec. (b) to add provision re application denial and provisos re felony conviction and added Subsec. (d) re provisos for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license.
Structure Connecticut General Statutes