TITLE 43 PROFESSIONS AND BUSINESSES

Section 14. Electrical Contractors, Plumbers, Conditioned Air Contractors, Low-voltage Contractors, and Utility Contractors, 43-14-1 through 43-14-18.

ARTICLE 4 DENTAL ASSISTANTS

43-14-12. Suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authority; appeals; adoption and enforcement of codes at local level; bonds; fees or taxes.

Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing.
1. This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.
2. In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court.Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed.Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond.
3. In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed.
4. The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13.
No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter.

(Ga. L. 1981, p. 1703, § 5; Ga. L. 1983, p. 424, § 1; Ga. L. 1993, p. 1339, § 9; Ga. L. 1994, p. 662, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Local fees for licensing journeymen electricians prohibited.

- O.C.G.A. Ch. 14, T. 43 prohibits a municipality or county from establishing licensing requirements for journeyman electricians or collecting fees for such licenses. 1987 Op. Att'y Gen. No. 87-3 (rendered prior to 1993 amendment).

Although O.C.G.A. § 43-14-12 allows a municipality or county to charge a "license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter," such "revenue" measures have been struck down when their underlying intent was to create a licensing requirement as a precondition for engaging in the occupation as opposed to creating a tax on an otherwise-licensed occupation. 1987 Op. Att'y Gen. No. 87-3 (rendered prior to 1993 amendment).

Authority to require liability insurance compliance bonds.

- County and municipal governments are prohibited from requiring contractors licensed under O.C.G.A. Ch. 14, T. 43 to obtain liability insurance in order to perform work covered by the license; however, county and municipal governments may require contractors to obtain code compliance bonds in order to perform work covered by the contractor's license, provided that the local government may not require such a bond from conditioned air contractors and plumbers who have executed and deposited a bond under O.C.G.A. § 43-14-12(b)(2), and provided that the local ordinance does not otherwise conflict with the general law. 1995 Op. Att'y Gen. No. 95-7.

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