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2018 Georgia Code 43-41-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-41-14 Case Law from Google Scholar Amendments to OCGA 43-41-14

TITLE 43 PROFESSIONS AND BUSINESSES

Section 41. Residential and General Contractors, 43-41-1 through 43-41-19.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-41-14. Role of building inspectors; penalty for noncompliance with chapter; posting of requirements.

  1. Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00.
  2. The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits for construction work requiring performance by either a licensed residential contractor or a licensed general contractor in the same location in which such building or other permits are issued.

(Code 1981, §43-41-14, enacted by Ga. L. 2004, p. 786, § 1; Ga. L. 2007, p. 569, § 8/SB 115.)

JUDICIAL DECISIONS

Preliminary injunction improper.

- Superior court erred in granting contractors a preliminary injunction restraining the Georgia State Licensing Board for Residential and General Contractors and a county from enforcing a licensing law, O.C.G.A. § 43-41-1 et seq., because: (1) harm did not flow to the contractors from any failure on the part of the county to comply with notice of the licensing law pursuant to O.C.G.A. § 43-41-14(b) or to provide other specific notice of the licensing law going into effect since the lack of notice did not result in the contractors' consequent failure to comply with the law and thereby obtain an exemption under O.C.G.A. § 43-41-17(a); (2) the grant of the preliminary injunction operated oppressively on the rights of the county and the Board and also on the rights of the citizens of the state since the injunction effectively enjoined, without an apparent valid basis, the operation of a licensing law; and (3) the refusal to grant the requested injunction would not work irreparable injury to the contractors or leave the contractors without remedy in the event the contractors ultimately prevailed in the contractors' challenge to the licensing law. Since § 43-41-14(b) became effective on May 29, 2007, approximately a month before the July 1, 2007 deadline for filing an application for examination exemption, and under that general statute the contractors were charged with notice of the licensing law including the time-limited provision allowing examination exemption. Ga. State Licensing Bd. for Residential & Gen. Contrs. v. Allen, 286 Ga. 811, 692 S.E.2d 343 (2010).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting of offenders not required.

- An offense under O.C.G.A. § 43-41-14 is not one for which those charged with a violation are to be fingerprinted. 2006 Op. Att'y Gen. No. 2006-2.

Cases Citing O.C.G.A. § 43-41-14

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Georgia State Licensing Bd. for Residential & Gen. Contractors v. Allen, 692 S.E.2d 343 (Ga. 2010).

Cited 8 times | Published | Supreme Court of Georgia | Mar 25, 2010 | 286 Ga. 811, 2010 Fulton County D. Rep. 1005

...ll qualified for the examination exemption under the licensing law; that they did not timely apply for the examination exemption because they did not know about the licensing law because of the lack of timely notice by the County as required by OCGA § 43-41-14(b); [5] and that the licensing law violated their rights to due process and equal protection under the State and Federal Constitutions....
...ward of attorney fees and expenses of litigation. At the hearing in the matter, the attorney for the plaintiffs informed the superior court that the only constitutional challenge the plaintiffs were pursuing was a due process argument regarding OCGA § 43-41-14(b), and that it was the only portion of the licensing law that the plaintiffs sought to have declared unconstitutional....
...es of qualification were not given notice to apply for examination exemption before July 2, 2007; when by the injunction it changed rather than maintained the status quo; when it ordered the County building officials to violate the enacted law, OCGA § 43-41-14(a); when by the injunction it assisted, encouraged, and allowed the unlicensed practice of residential and general contracting in Muscogee County and implicitly enjoined the Board from enforcing the licensing law in that County; and when it issued an interlocutory injunction based upon an unverified complaint. It is plain that the gravamen of the plaintiffs' claims as well as the linchpin of the superior court's issuance of the preliminary injunction is the issue of notice as provided in OCGA § 43-41-14(b)....
...However, the superior court was plainly in error in finding that harm flowed to the plaintiffs, i.e., the lack of notice of the licensing law resulting in the plaintiffs' consequent failure to comply with the licensing law and thereby obtain an exemption, from any failure on the part of the County to comply with OCGA § 43-41-14(b), or to provide other specific notice of the licensing law going into effect....
...nact an unconstitutional law." (Citations and punctuation omitted.) Hamilton v. Renewed Hope, Inc., 277 Ga. 465, 467, 589 S.E.2d 81 (2003). The attack on the notice provision must fail for yet another more basic reason. By the plain language of OCGA § 43-41-14(b), what is required to be posted are the "licensing requirements" and "the effective dates of such licensing requirements," not a way to avoid such requirements by exemption....
...ation or that the late effectiveness of the provision or the County's failure to timely post it caused detriment to the plaintiffs, this did not justify the injunctive relief granted on the basis of unconstitutional or insufficient notice under OCGA § 43-41-14(b)....
...ion allowing examination exemption. See City Council of St. Mary's v. Crump, 251 Ga. 594, 595(2), 308 S.E.2d 180 (1983). *349 To the extent that the superior court entered the preliminary injunction on a basis other than the notice provision of OCGA § 43-41-14(b), the relief granted was unwarranted for yet another reason....
...be made (formerly January 1-December 31, 2006, now January 1, 2006-June 30, 2007), and required certain local governments, [8] including the consolidated government, to post the licensing requirements and their effective dates. OCGA §§ 43-41-8(a), 43-41-14(b), and 43-41-17(c) (2008)....
...ertification but holding a valid and current state-wide license issued under this chapter or Chapter 14 of this title from the transaction of contracting business in such local jurisdiction within the scope of his or her state-wide license. [5] OCGA § 43-41-14(b) provides: The licensing requirements imposed by this chapter and the effective dates of such licensing requirements must be posted by any county or municipality in this state charged with the duty of issuing building or other permits f...