Tenn. Comp. R. & Regs. 0680 — Board for Licensing Contractors

Chapter 0680-01 Licensing

Tenn. Comp. R. & Regs. 0680-01-.01 APPLICATION FOR LICENSE

(1) Any application for a license as a contractor shall be accompanied by:

(a) A non-refundable fee in the amount stated in Rule 0680-01-.20.

(b) References from either a past client, employer or codes official.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-111.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Amendment filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed July 14, 1989; effective August 28, 1989. Amendment filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.02 CONSIDERATION OF APPLICATIONS

(1) All applications that are within the Board’s discretion may be considered at the regular meetings of the Board. The Board shall meet at least six (6) times a year. Adequate notice of meeting dates, times, and locations shall be posted. Applicants will receive adequate notice of any changes.

(2) At each regular meeting, the Board may consider all applications which have been properly completed and received in the Office of the Board within a reasonable time prior to the next regularly occurring meeting of the Board. The Board reserves the right to consider all applications at any time, especially if consideration of the application at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare. Applications reviewed and not approved prior to the regular meeting of the Board shall be presented to the Board at the next scheduled regular meeting of the Board for consideration by the full Board.

(3) All applications considered prior to a regularly scheduled meeting of the Board may be assigned by the executive director to an individual Board member that has the applicable subject matter expertise to be reviewed and approved by the Board member. A list of the applications approved prior to the regularly scheduled meeting of the Board will be ratified at the next regularly scheduled meeting.

(4) In order to obtain a certification authorizing the applicant to operate as a contractor, the following persons, or otherwise known as the qualifying agent, must obtain a successful score on the examination in the appropriate classification, and must meet all Board requirements for a qualifying agent, and may be required to appear before the Board for an interview:

(a) For a sole proprietorship – either the individual owner or full-time employee with a written power of attorney to bind the sole proprietor, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(b) For any partnership – either a general partner or full-time employee with written power of attorney to bind the partnership, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(c) For any corporation – either a major stockholder (owning at least 20% of stock) or fulltime employee with written power of attorney to bind the corporation, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(d) For any limited liability company – either a manger, member or full-time employee with a written power of attorney to bind the organization, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(e) The Board must be notified within ten (10) days of the death, resignation, termination, or incapacity of a qualifying agent. If the qualifying agent for the sole proprietorship, partnership, corporation, or limited liability company leaves the firm for any reason, a new qualifying agent must take the examination and be appointed within three (3) months. If not, the license becomes inactive until a new qualifying agent is appointed.

(f) The license of an individual, sole proprietorship or partnership shall automatically become inactive three (3) months after the death of the individual, individual owner, or the sole proprietorship, or partner unless another person or entity has applied to transfer/change ownership of the license.

(g) If anyone other than an individual with an ownership interest acts as a qualifying agent, then an owner or officer with an ownership interest or power of attorney must also appear along with the qualifying agent for interview before the Board.

(5) The executive director is authorized to review and approve applications for the increase in monetary limitations prior to a regularly scheduled meeting of the Board if there is no evidence of a deficiency in the application.

(6) Executive Director Licensure Approval (a) The executive director is authorized to review and approve licensure applications, as set out in subparagraph (6)(c), or any renewal applications prior to a regularly scheduled meeting of the Board if:

The application is submitted timely;
There are no evident impediments to licensure; and 3. The applicant or licensee provides evidence of loss of substantial business is imminent if licensure is delayed.

(b) Evidence of a substantial loss of business may include, but is not limited to, letters or requests from clients/customers, information on pending projects that were lawfully bid or contracted, and/or any other evidence or information provided by the applicant.

(c) For the purposes of this paragraph, the executive director may review and approve the following licensure applications:

An application to change a mode of operation;
An application to change the name on a license;
An application to change ownership of a license;
An application to reinstate a license; and 5. An application for a new Limited Residential (BC-A/r) license.

(7) A list of the applications approved by the executive director prior to the regularly scheduled meeting of the Board will be ratified at the next regularly scheduled meeting of the Board.

History

Authority: T.C.A. §§ 62-6-108, 62-6-109, 62-6-111, and 62-6-115.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Amendment filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed October 16, 1985; effective November 15, 1985. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed September 12, 2005; effective November 26, 2005. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Amendments filed June 23, 2022; effective September 21, 2022. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.03 SPECIAL MEETINGS

Special meetings of the Board may be held at the call of the Chairman or three (3) members of the Board.

History

Authority: T.C.A. §§ 62-108 and 62-609.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Amendment filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.04 REPEALED

History

Authority: T.C.A. § 62-609.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Repeal filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.05 REPEALED

History

Authority: T.C.A. §§ 62-6-108, 62-609, and 62-614.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Repeal filed July 14, 1989; effective August 28, 1989.

Tenn. Comp. R. & Regs. 0680-01-.06 REINSTATEMENT OF INVALID LICENSE

(1) After a license has been expired seven (7) calendar days the holder thereof must comply with the following requirements:

(a) Expired (one–twelve months) – a ten percent (10%) penalty fee will be assessed each month to the renewal fee, up to twice the normal fee;

(b) Expired more than one (1) year – follow new application requirements.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-116.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed October 16, 1985; effective November 15, 1985. Amendment filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.07 REPEALED

History

Authority: T.C.A. § 62-609.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Repeal filed May 19, 1980; effective July 3, 1980.

Tenn. Comp. R. & Regs. 0680-01-.08 CHANGE OF ADDRESS OR OFFICERS

A licensee shall notify the Office of the Board in writing within thirty (30) days of any change of address or (in the case of a corporation) officers.

History

Authority: T.C.A. § 62-609.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981.

Tenn. Comp. R. & Regs. 0680-01-.09 CHANGE IN MODE OF OPERATION

(1) Whenever a partnership licensed as a contractor dissolves, no former member of the partnership shall further undertake contracting before filing a new application with the Board and receiving a license.

(2) In the case of a merger, purchase by non-stockholders of the majority interest, reorganization pursuant to a bankruptcy proceeding, or any other type of change in mode of operation of an entity engaged in contracting, the entity shall make written application to the Board and obtain a new license before further undertaking contracting.

(3) Individuals or entities seeking a new license pursuant to T.C.A. § 62-6-111(f) or (g) shall submit a letter which addresses the requirements of that section. In addition, the applicant shall submit an affidavit that all liabilities of the entity were satisfied or will be satisfied by the individual or entity.

(4) In the event of a change in mode of operation as outlined in T.C.A. § 62-6-111(e), the qualified agent or majority stockholder must appear before the Board unless specifically waived by the Board.

(5) In the event of any change in operation, the licensed entity in question shall have ninety (90) days from the date of the change in mode of operation to submit either an application for a mode change, if there are no changes in ownership or officers, or a new application if there are such changes. Such applications for change in mode of operation may be reviewed and approved consistent with Rule 0680-01-.02. The entity may not bid on or enter into new contracts until a new or revised license has been issued; however, the entity may continue to work on already existing contracts that were entered into prior to the change in mode of operation, provided the application is made within the ninety (90) day period.

History

Authority: T.C.A. §§ 62-6-103, 62-6-108, 62-6-109(g), 62-6-111, and 62-6-115.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed January 31, 1996; effective April 16, 1996. Repeal and new rule filed July 25, 2011; effective October 23, 2011. Amendments filed June 23, 2022; effective September 21, 2022.

Tenn. Comp. R. & Regs. 0680-01-.10 RENEWAL OF LICENSES

Any person, firm or corporation desiring to renew a license shall make application to the Board on the prescribed forms. A renewal application for a monetary limitation greater than one million five hundred thousand dollars ($1,500,000) must be accompanied by a compilation prepared by a licensed public accountant or certified public accountant. If a renewal applicant requests a monetary limitation of one million five hundred thousand dollars ($1,500,000) or less, the applicant must submit a notarized statement that the information contained in his or her financial statement is true and correct. Regardless of the monetary limit size, the Board may, with cause, require a financial statement that is reviewed or audited by a licensed public accountant or certified public accountant if the Board has reason to believe it is in the best interest of the public safety and welfare.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-116.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed April 28, 2008; effective July 12, 2008. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.11 JOINT VENTURES

(1) A joint venture provides a means by which licensed contractors may combine their monetary limitations in order to undertake a larger project than each would otherwise be able to perform as separate contractors. No contractor may participate in a joint venture unless:

(a) He is licensed in a classification which is a necessary and integral part of the total project; and (b) The monetary limitation on such classification is equal to or greater than the portion of the total cost of the project involving that classification.

History

Authority: T.C.A. § 62-609.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980.

Tenn. Comp. R. & Regs. 0680-01-.12 GENERAL AND SPECIALTY CLASSIFICATIONS

(1) The Board will utilize the system of general and specialty classifications of contracting set forth in Appendix A of this rule. However, in view of the increasing specialization and technological advances in the construction industry, the Board reserves the right to depart from the classification system in appropriate individual cases.

(2) A contractor licensed in one or more sub-classifications under a general construction classification may perform work in such sub-classification(s) under any other general construction classification, provided that such work:

(a) Is consistent with established usage and procedures in the construction business; and (b) Is related to that which he is licensed to perform.

(3) Generally, for purposes of determining the classifications in which an applicant is qualified to engage, the Board will primarily consider whether or not the applicant:

(a) Has adequate experience in the classifications requested;

(b) Has an established plant (office; warehouse; equipment areas) from which his business is conducted; and (c) Has (or has the ability to acquire) the necessary equipment for the classifications requested, and the experience to operate such equipment. The “experience” of an applicant will be considered to be that of one or more of the partners in the case of a partnership applicant; and one or more of the officers in the case of a corporate applicant.

(4) For the purposes of determining whether an applicant is qualified for a classification or license based on prior experience, the Board may consider the previous employment, volunteer work, internships, education, training, or any other experience or history provided by the applicant or licensee. The applicant or licensee may provide proof of this experience through letters of recommendation, certificates, diplomas, documents verifying employment verification, or any other items considered sufficient by the Board in its sole discretion.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-111.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.13 MONETARY LIMITATIONS

(1) Generally, the monetary limitation placed on a classification of a license may be determined as follows:

(a) For applicants having no apparent deficiency with respect to plant or equipment, the lesser of:

Ten (10) times the applicant’s net worth; or 2. Ten (10) times the applicant’s working capital. Accounts receivable that are more than three (3) months overdue may not be included within the calculation of working capital.

(b) At the Board’s discretion, renewal applicants having no apparent deficiency with respect to plant or equipment, but with limited working capital, the greater of:

Ten (10) times the applicant’s working capital; or 2. Fifty percent (50%) of the applicant’s net worth.

(2) Lines of credit and indemnities (on forms furnished by the Board) may be considered to raise a monetary limitation. Lines of credit may be added up to its full value to the working capital.

Credit for indemnities will be limited to fifty percent (50%).

(3) A Guaranty Agreement, line of credit, bond, or other indemnity may be required in addition to the financial statement in the following situations, (a) Applicants that have a primarily cash financial statement without fixed assets and;

(b) If an applicant company is completely or partly owned by a parent company then the Board may require the parent company to provide a financial statement along with a “Guaranty Agreement” in which the parent company agrees to guarantee the debts and obligations of the subsidiary company for all debts and obligations arising out of the contracting activities of the applicant. If the parent company cannot provide a “Guaranty Agreement” they may request the Board to consider a bond in the Board’s format. This bond would not be accepted in lieu of providing a financial statement.

(4) A Guaranty Agreement may be utilized when an applicant wishes to supplement the working capital and/or net worth portion of their financial statement. The guarantor must submit a personal financial statement with a personal guaranty agreement.

(5) The Board reserves the right to accept or decline Guaranty Agreements as a supplement to applicant financial statements depending on the individual circumstances of each application.

(6) If a guarantor’s spouse is named on the financial statement submitted with the Guaranty Agreement then the named spouse must also sign the Guaranty Agreement.

(7) All Guaranty Agreements shall expire on the same date as the license that the agreement was provided to support.

(8) Subject to such tolerance, no contractor shall engage, or offer to engage, in any project of which the cost (including all material and labor furnished by or through another source other than the owner) would exceed the monetary limitation placed on his license. If a contractor holds a license with more than one classification with different monetary limits, the monetary limits shall not be combined to bid a project.

(a) A tolerance of ten percent (10%) of the monetary limit is allowed, except for the BC-A/r licensees.

(9) Where an applicant can demonstrate having a minimum working capital and net worth of three hundred thousand dollars ($300,000) or more, the Board may, in its discretion, award the applicant an unlimited license, allowing the contractor to bid or offer to contract on any project within a classification the contractor is licensed of any size that the contractor can financially support.

History

Authority: T.C.A. §§ 62-6-108, 62-6-111, and 62-6-116.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Amendment filed October 16, 1985; effective November 15, 1985. Amendment filed January 31, 1996; effective April 16, 1996. Repeal and new rule filed October 9, 2012; effective January 7, 2013. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Amendments filed March 22, 2018; effective June 20, 2018. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.14 REQUEST FOR CHANGE OF CLASSIFICATION OR LIMITATION

(1) Request for Change of Classification or Limitation. Except as otherwise provided in these rules, a licensee may request the Board to consider revision of his classification(s) and/or monetary limitation(s) at any of its regular meetings. Such request shall be made by letter, which shall be accompanied by financial, equipment, and experience statements relative to the classification request accurate as of no more than twelve 12 months prior to the date of the request.

(2) A request for a change in monetary limitation to be less than three million dollars ($3,000,000) shall be reviewed or audited by a licensed accountant or certified public accountant. A request for a change in monetary limitation to more than three million dollars ($3,000,000) shall be audited and attested to by a licensed public accountant or certified public accountant.

(3) The Board reserves the right to require examination pursuant to request for change of classifications. The Board further reserves the right to consider a request for change of classification or limitation at any time, if consideration of the request at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare.

(4) Increases within the first year will not be allowed without special permission from the Board.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-111.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed April 28, 2008; effective July 12, 2008. Amendments filed June 23, 2022; effective September 21, 2022.

Tenn. Comp. R. & Regs. 0680-01-.15 REVIEW AND ADJUSTMENT OF CLASSIFICATIONS AND MONETARY LIMITATIONS

(1) The Board may require that financial statements submitted by contractors in conjunction with an application for renewal of a license or a request for change of classification(s) or limitation(s) be examined by the Comptroller of the Treasury of his designated representative.

The Board may, because of the results of an audit, changing financial conditions, or any other relevant factors:

(a) Require the submission of additional financial information prior to acting on a renewal application or request for change of classification(s) or limitation(s); and (2) change the general or specialty classifications or monetary limitations of any license when in the public interest. However, before changing adversely the classification(s) and/or monetary limitation(s) of any license, the Board shall afford the licensee the opportunity for a hearing to show cause why such action should not be taken.

History

Authority: T.C.A. §§ 62-609, 62-612, and 62-617.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment: filed May 19, 1980, effective July 3, 1980.

Tenn. Comp. R. & Regs. 0680-01-.16 APPENDIX A OF RULE 0680-01-.12 (CLASSIFICATIONS SYSTEM)

Outline of Classifications BC – Building Construction A. Residential-“Residential building contractors” are those whose services are limited to construction, remodeling, repair, or improvement of one (1), two (2), three (3), or four (4) family unit residences not exceeding three (3) stories in height and accessory use structures in connection therewith.

Limited Residential (r)-A limited residential contractor is authorized to bid on and contract for the construction, remodel, repair, or improvement of a single family dwelling the total cost of which does not exceed one hundred twenty five thousand dollars ($125,000.00).

B. Commercial-A commercial building contractor is authorized to bid on and contract for the construction, erection, alteration, repair or demolition of any building or structure for use and occupancy by the general public, including residential construction with more than four (4) units or greater than three (3) stories in height.

Small Commercial (b)-A small commercial building contractor is authorized to bid on and contract for the construction, erection, alteration, repair or demolition of any building or structure for use and occupancy by the general public the total cost of which does not exceed one million five hundred thousand dollars ($1,500,000.00).

C. Industrial-A contractor under this classification is authorized to bid on and contract for the erection, alteration, repair and demolition of buildings or structures used for industrial production and service, such as manufacturing plants.

Building Categories 1. Each building category may apply to any major construction classification.

Pursuant to T.C.A. § 62-6-113, a contractor may not be licensed in six (6) or more categories under any one (1) major classification without successfully passing the written or oral examination, or both, for the major classification.
Acoustical Treatments 2. Carpentry, Framing and Millwork, etc.
Drywall 4. Floor Covering 5. Foundations 6. Glass, Window and Door Construction 7. Institutional and Recreational Equipment 8. Lathe, Plaster, Stucco, and Aluminum Siding 9. Masonry – under one hundred thousand dollars ($100,000.00), materials and labor 10. Ornamental and Miscellaneous Metal 11. Painting, Interior Decorating 12. Roof Decks 13. Site and Subdivision Development 14. Special Coatings and Waterproofing 15. Tile, Terrazzo and Marble 16. Insulation 17. Elevators, Escalators, and Dumbwaiters 18. Erection and Fabrication of Structural Steel 19. Concrete 20. Sheet Metal 21. Roofing – includes gutters and vinyl siding 22. Conveyors 23. Sandblasting 24. Golf Courses 25. Tennis Courts 26. Swimming Pools 27. Outdoor Advertising 28. Excavation 29. Landscaping 30. Fencing 31. Demolition 32. Millwright 33. Irrigation 34. Scaffolding HC – Heavy Construction A. Marine (Wharves, Docks, Harbor Improvements and Terminals)

B. Tunnel and Shaft C. Energy and Power Plants D. Dams, Dikes, Levees and Canals E. Mining Surface and Underground F. Oil Field Construction G. Oil Refineries H. Storm Damage Cleanup I. Landfill Construction Heavy Construction Categories (Apply to All Areas)

Structural Steel Erection 2. Tower and Stack Construction 3. Foundation Construction, Pile Driving, Foundation Drilling, and Stabilization 4. Demolition and Movement of Structures 5. Clearing, Grubbing, Snagging and Rip Rap 6. Slipform Concrete Structures 7. Rigging and Crane Rigging 8. Welding HRA – Highway, Railroad and Airport Construction A. Grading and Drainage-Includes grading, drainage pipe and structures, clearing and grubbing.

B. Base and Paving 1. Base Construction 2. Hot and Cold Mix Asphalt 3. Surface Treatment Asphalt 4. Concrete Paving C. Bridges and Culverts 1. Painting 2. Repair 3. Demolition 4. Bridge Deck Overlay (Sealant)

Gunite 6. Cofferdam 7. Steel Erection D. Railroad Construction and Related Items E. Miscellaneous and Specialty Items 1. Traffic Safety (a) Pavement Markers (b) Signing (c) Guardrail and Fencing (d) Attenuators, signalization and roadway lighting 2. Landscaping-Includes seeding, sodding, planting, and chemical weed and brush control.
Pavement Rehabilitation-Includes pressure grouting, grinding and grooving, concrete joints, and underdrains.
Well Drilling 5. Miscellaneous Concrete-Includes sidewalks, driveways, curb and gutter, and box culverts.

MU – Municipal and Utility Construction Municipal and Utility Construction includes all supervision, labor, material and equipment to complete underground piping, water and sewer plants and sewer disposal, grading and drainage, and paving (unless restricted to specific areas named).

A. Underground Piping-Furnish supervision, labor, material and equipment to complete all underground piping for municipal and utility construction (unless restricted to specific areas names).

Gas Distribution and Transmission Lines 2. Sewer Lines, Storm Drains, Rehabilitation and Structures 3. Waterlines 4. Underground Conduit B. Water and Sewer Systems*-*Classification BC-B is necessary in order to construct water and sewer plants.

C. Grading and Drainage-Includes grading, drainage pipe and structures, clearing and grubbing.

D. Base and Paving 1. Base Construction 2. Hot and Cold Mix Asphalt 3. Surface Treatment Asphalt 4. Concrete Pavement 5. Miscellaneous Concrete (includes sidewalks, driveways, curb and gutter, and box culverts)

MC (CMC) – Mechanical Contracting (the classification CMC is noted on licenses issued after 1992 and represents that the licensee has passed the Board licensing exam and that no county or municipality shall require such state licensee or its employees to pass any county or municipal test or examination pursuant to T.C.A. § 62-6-111(i)(2)(C)).

A. Plumbing and Gas Piping B. Process Piping C. HVAC, Refrigeration, Gas Piping D. Sprinklers & Fire Protection E. Insulation of Mechanical Work F. Pollution Control G. Pneumatic Tube Systems H. Temperature Controls (Pneumatic/Electric)

I. Boiler Construction & Repairs J. Fuel Gas Piping and Systems LMC – Licensed Masonry Contractor E (CE) – Electrical Contracting (the classification CE is noted on licenses issued after 1992 and represents that the licensee has passed the Board licensing exam and that no county or municipality shall require such state licensee or its employees to pass any county or municipal test or examination pursuant to T.C.A. § 62-6-111(i)(2)(C)).

A. Electrical Transmission Lines B. Electrical Work for Buildings and Structures C. Underground Electrical Conduit Installation D. Sound and Intercom Systems, Fire Detection Systems, Signal and Burglar Alarm Systems and Security Systems up to seventy (70) volts do not require examination-*Please note that a separate license, issued by the Tennessee Alarm Systems Contractors Board, is also required for alarm systems.

E. Electrical Signs F. Data Communication Systems (e.g. fiber optics & cabling)

G. Cable T.V.

H. Substations I. Building Automation Controls J. Fire Detection Systems, Signal and Burglar Alarm Systems and Security Systems with conduit and wiring above seventy (70) volts require an electrical exam.

K. Roadway Lighting, Attenuators and Signalization – requires electrical examination.

L. Electric Meter Installation S – Specialty The Board will utilize the system of classifications set forth in Appendix A. The Board reserves the right to depart from the classification system in appropriate individual cases.

S – Specialty/Environmental work falling within the definition of contracting pursuant to T.C.A. § 62-6-102.

A. Asbestos Material Handling/Removing B. Underground Storage Tank C. Lead-Based Paint Abatement D. Hazardous Waste Removal E. Air, Water or Soil Remediation F. Mold Remediation In each of the above environmental classifications, the following requirements apply:

In order to be eligible for licensure in this specialty classification, the applicant shall furnish evidence satisfactory to the Board that the designated employee(s) shall have completed all training courses as required by the applicant state and federal agencies. In the event training courses are unavailable, the applicant’s education, training, experience and equipment will be determined and considered in order to qualify the applicant for licensure.
A contractor holding a license in this specialty classification shall, as a condition for renewal of such license, keep abreast of all applicable state and federal requirements to ensure “state of the art” handling and removing of above materials by requiring its designated employee(s) to do so.
A contractor shall, whenever work in this specialty classification is in progress, have physically on the job site the designated employee(s) directly responsible for the work.
A contractor shall notify the Board of any citation lodged against it, or any of its employees, relative to work in a specialty classification within ten (10) days of receipt of the citation.

S – Specialty/Medical Gas Piping installation, maintenance and repair work falling within the regulation of medical gas piping pursuant to T.C.A. § 68-11-253.

A. Medical Gas Piping Installer Certification Requirements.

The minimum qualifications for Board certification are the qualifications for certification established by the American Medical Gas Institute (AMGI) or the Piping Industry Progress and Education Trust Fund (PIPE). A minimum of thirty-two (32) hours of training, with eight (8) of such hours in brazing, shall be required for Board certification.

The Board shall from time to time revise minimum qualifications for Board certification to include the most current edition of NFPA 99C “Standard on Gas and Vacuum Systems.”

(a) The minimum of thirty-two (32) hours of training for Board certification as a medical gas installer shall include training in the following areas from the most current edition of NFPA 99C, Gas and Vacuum Systems:

(1) Medical Gas Systems.

(2) Gas Distribution Systems.

(3) Installation of Pressurized Gas Systems.

(4) Vacuum Piping.

(5) Brazing Techniques for Medical Gas Systems.

(6) Requirements for Levels of Patient Care.

The Board may designate and approve independent examining agencies, as necessary, to provide the training and examinations necessary for Board certification required by T.C.A. § 68-11-253. The Board will review an examining agency’s curriculum prior to its designation to determine compliance with the minimum qualifications listed above in A.1.(a).
The designated examining agency may charge reasonable fees for training and examination as determined appropriate by the Board.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed September 16, 1981; effective November 2, 1981. Amendment filed October 16, 1985; effective November 15, 1985. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed June 25, 2003; effective September 8, 2003. Amendments filed July 25, 2011; effective October 23, 2011. Repeal and new rule filed October 9, 2012; effective January 7, 2013. Amendment filed November 22, 2013; effective February 20, 2014. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.17 REPEALED

History

Authority: T.C.A. § 62-608.
Administrative History: Original rule filed July 22, 1974; effective August 21, 1974. Repeal and new rule filed January 20, 1977; effective February 19, 1977. Repeal filed May 19, 1980; effective July 3, 1980.

Tenn. Comp. R. & Regs. 0680-01-.18 $50.00 - $5,000.00 Other Rules $50.00 - $1,000.00 Orders $50.00 - $1,000.00 (2) In determining the amount of any penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(d) The economic benefits gained by the violator as a result of non-compliance;

(e) The interest of the public;

(f) Willfulness of the violation; and (g) Extent to which the licensee has sought to compensate any victim(s) of the violation.

(3) For the purposes of assessment of civil penalties pursuant to this rule, each day of continued violation shall constitute a separate violation.

(4) With regard to the monetary amount in (1) above, the Board reserves the right to waive the limitation therein in appropriate circumstances as provided for in writing by the Board. In no event, shall the penalties assessed by the Board exceed the statutory authorization.

History

Authority: T.C.A. §§ 56-1-308, 62-6-108, 62-6-120, and 62-8-103.
Administrative History: Original rule filed January 21, 1986; effective February 20, 1986. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed July 25, 2011; effective October 23, 2011.

Tenn. Comp. R. & Regs. 0680-01-.19 CIVIL PENALTIES

(1) The Board may in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), and T.C.A. § 56-1-308, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules, or orders enforceable by the Board in accordance with the following schedule:

Violation Penalty Tennessee Code Annotated 62-6-101 et seq. $50.00 - $1,000.00 62-6-120(d) $50.00 - $5,000.00 Rules of Tennessee Board for Licensing Contractors

Tenn. Comp. R. & Regs. 0680-01-.20 FEES

(1) The application and initial license fee for a contractor’s license shall be two hundred fifty dollars ($250.00).

(2) The examination fee shall be the fee charged by the entity administering the examination, subject to the Board’s approval.

(3) An applicant failing to appear for the Board interview without having notified the Board at least three (3) days in advance shall pay an additional fee of twenty-five dollars ($25.00) before being rescheduled for a subsequent Board interview.

(4) The fee to transfer a license from a partnership to an individual shall be one hundred dollars ($100.00).

(5) The fee to transfer a license from a partnership or proprietorship to a corporation shall be one hundred dollars ($100.00).

(6) The renewal fee for a certificate of license shall be two hundred dollars ($200.00).

(7) A duplicate certificate of license may be issued upon receipt of a written request accompanied by a fee of twenty-five dollars ($25.00).

History

Authority: T.C.A. §§ 62-6-108, 62-6-111, 62-6-113, and 62-6-116.
Administrative History: Original rule filed July 14, 1989; effective August 28, 1989. Repeal and new rule filed September 12, 2005; effective November 26, 2005.

Tenn. Comp. R. & Regs. 0680-01-.21 CITATION PENALTIES

(1) The Executive Director of the Board for Licensing Contractors may issue citations against persons acting in the capacity of or engaging in the business of a contractor without a license in violation of T.C.A. § 62-6-103. Each citation shall be in writing and describe with particularity the basis of the citation. Each citation shall contain an order to cease all violations of this chapter, and an assessment of a civil penalty in accordance with the following schedule:

Violation Penalty T.C.A. § 62-6-103(a)(1) $50 - $1000 T.C.A. § 62-6-103(b) $50 - $1000 (2) In determining the amount of any penalty to be assessed pursuant to this rule, the Executive Director may consider such factors as the following:

(a) Whether the amount imposed will be substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(d) The economic benefits gained by the violator as a result of noncompliance;

(e) The interest of the public;

(f) Willfulness of the violation;

(g) Extent to which the licensee has sought to compensate any victim(s) of the violation.

History

Authority: T.C.A. § 62-6-106 and Acts of 1991, Public Chapter 272.
Administrative History: Original rule filed February 25, 1993; effective April 11, 1993. Amendment filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.22 EXEMPTION

Any person, business or church that owns property and constructs single residences or buildings for their individual use shall not need a contractor’s license. Individual use shall mean use by persons other than the general public.

History

Authority: T.C.A. §§ 62-6-103 and 62-6-108.
Administrative History: Original rule filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.23 REQUALIFICATION OF AGENT

(1) Proprietorships, Partnerships and Corporations or firms licensed prior to the examination requirement, shall designate no more than 2 qualifying agents per major classification on a form prescribed by the Board and attached to the renewal of the license.

(2) If the designated qualifying agents leave the firm for any reason, the firm must designate an individual to successfully pass the examination within three (3) months.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-111.
Administrative History: Original rule filed January 31, 1996; effective April 16, 1996.

Tenn. Comp. R. & Regs. 0680-01-.24 BIDDING PROCEDURES

(1) Pursuant to T.C.A. § 62-6-102, a subcontractor is required to be licensed in order to perform electrical, plumbing, heating ventilation, air conditioning, and roofing work when the amount is twenty-five thousand dollars ($25,000.00) or more; and masonry work when the amount is one hundred thousand dollars ($100,000.00) or more, including materials and labor. It is the subcontractor’s responsibility to furnish evidence to the prime contractor of an active license with the appropriate name, classification, monetary limit, and expiration date, regardless of how the bid is transmitted. Failure to comply with this rule shall not require no consideration of the subcontractor’s bid, if appropriately licensed, but said subcontractor may be subject to discipline by the Board.

(2) Any prime contractor submitting a bid pursuant to T.C.A. § 62-6-119(b) shall list on the outside of the bid envelope or in the submission of an electronic bid only one electrical contractor, one plumbing contractor, one heating ventilation and air conditioning contractor, and one masonry contractor with appropriate classification and monetary limit or the bid shall not be considered. Award of the subcontract to one not listed on the base bid envelope or in the submission of an electronic bid in violation of T.C.A. § 62-6-119 will be subject to review and disciplinary action by the Board.

History

Authority: T.C.A. §§ 62-6-102, 62-6-103, 62-6-108, 62-6-111, and 62-6-119.
Administrative History: Original rule filed January 31, 1996; effective April 16, 1996. Repeal and new rule filed July 25, 2011; effective October 23, 2011. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017.

Tenn. Comp. R. & Regs. 0680-01-.25 CONTRACTING IN CORRECT NAME; CHANGE OF NAME

(1) Upon receiving a certificate of licensure from this Board, the licensee has an affirmative responsibility to enter into contracts and operate its related contracting business under the name in which it is licensed in order to notify and prevent confusion on the part of the public at large of an entity’s licensure status. Contracting in a name different than that in which an individual or entity is licensed by this Board is considered a violation of this chapter, and will be cause for appropriate disciplinary action.

(2) In the event of a name change of a licensee, the licensee must complete an application request for a name change and be approved prior to contracting in the new name. The licensee shall have ninety (90) days from the date that the new entity is formed to apply for a license in the new entity name. The licensee cannot bid on or enter into contracts in the new name until it has been issued a revised license; however, the entity may continue to work on already existing contracts that were entered into prior to the name change, provided the application is made within the ninety (90) day period.

History

Authority: T. C.A. §§ 62-6-103, 62-6-108, and 62-6-115.
Administrative History: Original rule filed July 25, 2011; effective October 23, 2011.

Tenn. Comp. R. & Regs. 0680-01-.26 LICENSE REQUIREMENT FOR PROPERTY OWNERS

The license exemption stated in T.C.A. § 62-6-103(2)(A) pertains to any person, firm, church, or other religious institution that owns property and constructs on the property single residences, farm buildings or other buildings for individual use. This exemption does not apply to construction pertaining to resale, lease, rent or other similar purpose. The exemption does not apply to persons constructing buildings for a business-type purpose that cater to and depend upon usage by members of the general public.

History

Authority: T.C.A. §§ 62-6-103 and 62-6-108.
Administrative History: Original rule filed October 9, 2012; effective January 7, 2013.

Tenn. Comp. R. & Regs. 0680-01-.27 MISCONDUCT

The following acts may constitute misconduct and may result in disciplinary action against licensees including possible revocation or suspension of license. The acts include, but are not limited to:

(1) Failure to cooperate with open investigation related to a complaint filed with the Board. This includes failure to respond in writing to any communication from the Board requesting a response within thirty (30) days of mailing such communication by reasonable means necessary to notify the licensee, including but not limited to, dispatch through regular mail, certified mail, and/or email to the addresses or information last provided to the Board by the licensee.

(2) Failure to abide by warranty agreement.

(3) Pulling a building, electrical, plumbing, or like permit for a job in which an unlicensed contractor is acting as the general contractor or consenting to or allowing for a contractor’s license number to be utilized by an unlicensed contractor or improperly licensed contractor in the furtherance of unlicensed contracting.

(4) Failure to maintain worker’s compensation if insurance is required by Tennessee statute.

(5) Revocation, suspension, or voluntary surrender of contractor’s license in another jurisdiction.

(6) Failure to pay a civil judgment rendered against the contractor by a court of competent jurisdiction if related to the contracting industry.

(7) Failure to respond to customer inquiries regarding completion of work and/or dissatisfaction with quality of work.

History

Authority: T.C.A. §§ 62-6-108, 62-6-111, 62-6-118, and 62-6-121.
Administrative History: Original rule filed October 9, 2012; effective January 7, 2013. Amendment filed November 22, 2013; effective February 20, 2014. Amendments filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.28 REPEALED

History

Authority: T.C.A. §§ 4-3-1304, 62-6-108, 62-6-109, 62-6-111, 62-6-116, and 62-6-117.
Administrative History: Original rule filed October 9, 2012; effective January 7, 2013. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Repeal filed August 20, 2025; effective November 18, 2025.

Tenn. Comp. R. & Regs. 0680-01-.29 LIMITED RESIDENTIAL LICENSE

(1) The Limited Residential License allows for the construction, remodel, repair, or improvement of single family dwellings in which the total cost, including the cost of the property if owned by the contractor, does not exceed one hundred twenty five thousand dollars ($125,000.00).

(2) The ten percent (10%) tolerance for monetary limitations as stated in Tenn. Comp. R. & Regs. § 0680-01-.13 is not applicable to the Limited Residential License.

(3) The financial statements for Limited Residential License must reflect a positive net worth and positive working capital.

(4) The Limited Residential License applicant shall provide proof of any relevant experience in order to qualify for licensure.

(5) The applicant must participate in a limited residential license three day course as approved by the Board. The course may be taken at any location approved by the Board. These courses are found on the Board website.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112.
Administrative History: Original rule filed October 9, 2012; effective January 7, 2013. However, the Government Operations Committee filed a 60-day stay of the effective date of the rule on December 20, 2012; new effective date March 8, 2013. On February 5, 2013, the Tennessee Board for Licensing Contractors filed a withdrawal of the rule. Original rule filed November 22, 2013; effective February 20, 2014.

Tenn. Comp. R. & Regs. 0680-01-.30 EXPEDITED PROCEDURE FOR MILITARY PERSONNEL AND SPOUSES

(1) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

(a) Be issued a license upon application and payment of all fees required for issuance of a regular license of the same type if, in the opinion of the Board, the requirements for certification or licensure of such other state are substantially equivalent to the requirements in Tennessee; or (b) Be issued a temporary license as described herein if the Board determines the applicant’s license is not substantially equivalent, as set forth in subsection (a) above, but the applicant could perform additional acts, including – but not limited to education, training, or experience (“applicant’s additional requirements”). The Board may issue a temporary license upon application and payment of all fees required for issuance of a regular license of the same type which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient for the applicant to complete applicant’s additional requirements.

After completing applicant’s additional requirements and providing the Board with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the date of the original issuance of the temporary license and an expiration date as if the full license had been issued at that time, providing the Board determines that there have been no intervening issues to prevent such licensure.
A temporary license shall be issued for a period of less than the length of a renewal cycle for a permanent license.
A temporary license shall expire upon the date set by the Board and shall not be subject to renewal except through the completion of applicant’s additional requirements, as required by the Board or by an extension of time granted for good cause by the Board.
Should an extension to a temporary license cause the license to be in effect longer than the renewal cycle of a permanent license then the holder of the temporary license shall file a renewal application with such documentation and fees, as are required by the Board for all other renewals of a permanent license of the same type.

(2) Military education, training, or experience completed by a person described at T.C.A. § 4-3- 1304(d)(1)(B)(ii)(a)–(c) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Board if such military education, training, or experience is determined by the Board to be substantially equivalent to the education, training, or experience required for the issuance of such license.

(3) Any licensee who is a member of the national guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without payment of late fees or other penalties.

(a) The license of a person described in paragraph (3) shall be eligible for renewal pursuant to this subsection for one (1) year from the person’s release from active duty.

(b) Any person renewing under paragraph (3) shall provide the Board such supporting documentation evidencing activation as may be required by the Board prior to renewal of any license pursuant to this subsection.

History

Authority: T.C.A. §§ 4-3-1304, 62-6-108, 62-6-109, 62-6-111, 62-6-116, and 62-6-117.
Administrative History: Original rule filed November 17, 2016; effective February 15, 2017.

Tenn. Comp. R. & Regs. 0680-01-.31 INCOMPETENCY AND GROSS NEGLIGENCE

Incompetency and gross negligence as used in T.C.A. § 62-6-118(a) shall be defined by a standard of care determined by the Board, in its discretion. When defining this standard of care for residential builders the Board may use:

(1) The Residential Construction Performance Guidelines, issued by the National Association of Home Builders, the most current edition, or (2) Community and industry standards.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-119.
Administrative History: Original rule filed March 22, 2018; effective June 20, 2018.

Tenn. Comp. R. & Regs. 0680-01-.32 FINANCIAL STATEMENTS

When an applicant or licensee submits a financial statement as part of any application to the Board, the following requirements shall apply, unless waived by the Board in its discretion and for good cause:

(1) The financial statement must be executed by a licensed public accountant or a Certified Public Accountant on the accountant’s letterhead along with the accountant’s license or certification number;

(2) The financial statement must be prepared in accordance with Generally Accepted Accounting Principles;

(3) The financial statement must be dated no earlier than twelve (12) months prior to the date of application;

(4) The financial statement must be prepared in the name of the applicant or licensee; and (5) If the accountant is not licensed in the State of Tennessee, a copy of the accountant’s license must be furnished with the financial statement.

History

Authority: T.C.A. §§ 62-6-108, 62-6-111, and 62-6-116.
Administrative History: New rule filed August 20, 2025; effective November 18, 2025.

Chapter 0680-02 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 0680-02 Rules of Procedure for Hearing Contested Cases

RULES

OF TENNESSEE BOARD FOR LICENSING CONTRACTORS

For Rules of Procedure for Hearing Contested Cases see Rules of the Secretary of State, Chapter 1360—4—1.

Authority: T.C.A. § 4—509. Administrative History: Original Chapter filed November 22, 1978; effective January 8, 1979.

Chapter 0680-03 Limited Licensed Electricians

Tenn. Comp. R. & Regs. 0680-03-.01 DEFINITIONS

(1)Unless otherwise stated, as used in this Chapter:

(a)“Board” means the Board for Licensing Contractors created by T.C.A. §62-6-101 et seq.

(b)“Limited Licensed Electricians” means limited licensed electrician as defined by T.C.A. §62-6-102.

(2)Limited licensed electricians are not authorized to use the appellation “contractor” unless they also hold a valid contractor’s license issued by the Board.

History

Authority: T.C.A. §§62-6-102, 62-6-108, and 62-6-130.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Tenn. Comp. R. & Regs. 0680-03-.02 APPLICATION AND EXAMINATION

(1) Applications for initial licensure as a limited licensed electrician are available upon request from the office of the Board.

(2) Initial license applications submitted to the Board must be accompanied by a nonrefundable application fee and the initial license fee as set forth in Rule 0680-3-.03.

(3) Costs for examinations, where applicable, shall be paid directly to the entity designated by the Board to administer the exam.

History

Authority: T.C.A. §§62-6-108 and 62-6-111.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Tenn. Comp. R. & Regs. 0680-03-.03 FEES

(1)Fees charged by the Board are as follows:

(a)Initial license fee.$50.00 (b)License renewal fee.$50.00 (c)Late renewal fee.$10.00 (d)Replacement license.$ 5.00

History

Authority: T.C.A. §§62-6-108, 62-6-111, and 62-6-131.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Tenn. Comp. R. & Regs. 0680-03-.04 CHANGE OF ADDRESS

(1)A licensee shall notify the office of the Board in writing within thirty (30) days of any change of address.

History

Authority: T.C.A. §§62-6-108 and 62-6-111.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Tenn. Comp. R. & Regs. 0680-03-.05 LICENSE RENEWAL

(1)Each license issued under this chapter will expire biennially on the last day of the month of its issuance.

(2)Applications for the renewal of licenses will be made on a form provided by the Board and shall be filed no later than the expiration date set by this rule. Applications will not be considered filed until the applicable fee(s) prescribed in these rules is received.

(3)Licenses will be subject to late renewal for a period of three (3) months following their expiration date by payment of the prescribed renewal fee and a late renewal fee.

(4)Any individual or entity desiring to renew a license more than three (3) months after its expiration date must:

(a)Submit a new application for initial licensure to the Board;

(b)Pay the appropriate fee(s); and (c)Satisfactorily complete the examination for licensure.

Provided however, the Board may in its discretion waive such examination, assess late renewal penalties or impose civil penalties.

History

Authority: T.C.A. §§62-6-108, 62-6-111, and 62-6-131.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Tenn. Comp. R. & Regs. 0680-03-.06 DISCIPLINARY ACTION AND CIVIL PENALTIES

(1)The Board for Licensing Contractors may, in a lawful proceeding with respect to any individual or entity licensed or required to be licensed by this state under T.C.A. §62-6-103, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for each separate violation of statutes, rules or orders enforceable by the Board in accordance with the following schedule:

ViolationPenalty T.C.A. §62-6-111$0-$1000 (2)Each day of continued violation may constitute a separate violation.

(3)In assessing civil penalties, the following factors may be considered:

(a)Whether the amount imposed will be a substantial economic deterrent to the violator;

(b)The circumstances leading to the violation;

(c)The severity of the violation and the risk of harm to the public;

(d)The economic benefits gained by the violator as a result of non-compliance; and (e)The interest of the public.

(4)The grounds for disciplinary action against licensees are set out in T.C.A. §62-6-111, and the Board may initiate proceedings against a limited licensed electrician for faulty electrical work and for the following grounds in the best interest of the public:

(a)Fraud or deceit in obtaining a license, including the submission to the Board of any knowingly false or forged evidence in, or in support of, an application for a license; or (b)Dishonesty, fraud or gross negligence, including knowingly or through gross negligence making misleading, deceptive or untrue representations in the performance of services.

History

Authority: T.C.A. §§56-1-308, 62-6-108, and 62-6-111.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001.

Chapter 0680-04 Limited Licensed Plumbers

Tenn. Comp. R. & Regs. 0680-04-.01 DEFINITIONS

(1) For the purposes of Rules 0680-04-.01 through 0680-04-.07, the following definitions are applicable:

(a) “Limited licensed plumber” means any person who performs any plumbing work that has a total cost of less than twenty-five thousand dollars ($25,000.00) and who is required to be registered under the provisions of the Limited Licensed Plumbers’ Act of 2004.

(b) “Limited licensed plumbing work” means the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing of labor to install material or equipment within any residential or commercial building of all piping, fixtures and appliances for the supply of gas, water, liquids or disposal of waste water or sewage; provided, that the total cost of the work performed is less than twenty-five thousand dollars ($25,000.00) and the work is not otherwise exempt under T.C.A. Title 62, Chapter 6, Part 4.

(2) Limited licensed plumbers are not authorized to use the appellation “contractor” or any other designation that gives or is designed to give the impression that a limited licensed plumber is a contractor unless the limited licensed plumber also holds a valid contractor license issued by the Board.

History

Authority: T.C.A. §§ 62-6-108, 62-6-402, 62-6-403, and 62-6-405.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005. Repeal and new rule filed July 25, 2011; effective October 23, 2011.

Tenn. Comp. R. & Regs. 0680-04-.02 APPLICATION AND EXAMINATION

(1) Applications for initial licensure as a limited licensed plumber are available upon request from the office of the Board.

(2) Initial license applications submitted to the Board must be accompanied by a nonrefundable application fee and the initial license fee as set forth in rule 0680-04-.03.

(3) Costs for examinations, where applicable, shall be paid directly to the entity designated by the Board to administer the exam.

History

Authority: T.C.A. §§ 62-6-108, 62-6-402, 6206-403, 62-6-405, and 62-6-406.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005. Amendment filed July 25, 2011; effective October 23, 2011.

Tenn. Comp. R. & Regs. 0680-04-.03 FEES

Fees charged by the Board are as follows:

(1) Initial license fee. $75.00 (2) License renewal fee. $50.00 (3) Late renewal fee. For each month or portion thereof that renewal is late, the applicant for renewal shall pay an additional fee of 10% of the renewal fee, with the total fee not to exceed $100.00. Renewals that are filed subsequent to the twelfth month after expiration will be treated as new applications.

(4) Replacement license. $ 25.00 (5) Non-refundable application fee. $50.00

History

Authority: T.C.A. §§ 62-6-108, 62-6-405, 62-6-406, 62-6-408, 62-6-410 and 62-6-411.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005.

Tenn. Comp. R. & Regs. 0680-04-.04 CHANGE OF ADDRESS

A licensee shall notify the office of the Board in writing within thirty (30) days of any change of address.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-405.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005.

Tenn. Comp. R. & Regs. 0680-04-.05 LICENSE RENEWAL

(1) Each license issued under this chapter will expire biennially on the last day of the month of its issuance.

(2) Applications for the renewal of licenses will be made on a form provided by the Board and shall be filed with the renewal fee no later than thirty (30) days prior to license expiration.

Applications will not be considered filed until the applicable fee(s) prescribed in these rules is received.

(3) License renewals that are received fewer than thirty (30) days before the license expiration will be subject to late renewal penalties of ten percent (10%) per month (or fraction thereof), with the total fee not to exceed twice the normal renewal fee, and renewal applications received subsequent to ninety (90) days after expiration will be treated as new applications for licensure.

History

Authority: T.C.A. §§ 62-6-108, 62-6-405, and 62-6-411.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005. Amendment filed October 9, 2012; effective January 7, 2013.

Tenn. Comp. R. & Regs. 0680-04-.06 DISCIPLINARY ACTION AND CIVIL PENALTIES

(1) The Board for Licensing Contractors may, in a lawful proceeding with respect to any individual or entity licensed or required to be licensed by the Board under Title 62, Chapter 6,

Part 4, in addition to or in lieu of any other lawful disciplinary action, assess civil penalties of up to $1,000.00 for each separate violation of statutes, rules or orders enforceable by the Board.

(2) Each day of continued violation may constitute a separate violation.

(3) In assessing civil penalties, the following factors may be considered:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public.

(4) The grounds for disciplinary action against licensees are set out in T.C.A. § 62-6-409, and the Board may initiate proceedings against a limited licensed plumber for faulty plumbing work and for the following grounds in the best interest of the public:

(a) Fraud or deceit in obtaining a license, including the submission to the Board of any knowingly false or forged evidence in, or in support of, an application for a license; or (b) Dishonesty, fraud or gross negligence, including knowingly or through gross negligence making misleading, deceptive or untrue representations in the performance of services.

History

Authority: T.C.A. §§ 62-6-108, 62-6-404, 62-6-405, and 62-6-409.
Administrative History: Original rule filed August 31, 2005; effective November 14, 2005.

Tenn. Comp. R. & Regs. 0680-04-.07 LIMITED LICENSED PLUMBER INSPECTIONS

(1) The work performed by limited licensed plumbers shall comply with the applicable provisions of T.C.A. § 68-120-101 and the rules promulgated thereunder.

(2) All inspections and permit fees associated with the work performed by limited licensed plumbers shall be governed by Rule 0780-02-23 One and Two Family Dwellings and Townhouses. Compliance with the inspection provisions of Chapter 0780-02-23 One and Two Family Dwellings and Townhouses by a limited licensed plumber shall be sufficient to satisfy the requirements of T.C.A. § 62-6-406.

History

Authority: T.C.A. §§ 62-6-108, 62-6-406, and 62-6-409.
Administrative History: Original rule filed July 25, 2011; effective October 23, 2011.

Chapter 0680-05 Pre-Licensing Courses

Tenn. Comp. R. & Regs. 0680-05-.01 DEFINITIONS

(1) “Board” means the board for licensing contractors created by T.C.A. §62-6-104.

(2) “Pre-licensing course” means any course or workshop related to the practice of general or specialty contracting offered to assist an applicant for preparation of an examination required by the Board excluding courses offered by any public institution.

(3) “Provider” means any person or entity who offers a pre-licensing course designed to assist an applicant for preparation of an examination required by the Board.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.02 APPLICATION

(1) Any provider who offers any pre-licensing course shall submit an application on the form prescribed by the Board. The application shall be verified and accompanied by:

(a) a non-refundable fee in the amount provided in rule 0680-5-.03;

(b) a resume for each instructor of such course outlining the instructor’s education and experience;

(d) the projected schedule for the teaching of such course(s);

(e) a surety bond to the State of Tennessee Board for Licensing Contractors as obligee in a minimum amount of fifty thousand dollars ($50,000); and (f) such other information as the Board may reasonably request.

(2) The applicant shall demonstrate to the satisfaction of the Board that each course submitted for approval will:

(a) cover subjects which are reasonably related to the practice of construction and suitable to benefit and enrich the students enrolled;

(b) be conducted in a facility that contains adequate space, seating, and equipment; and (c) provide adequate means to make up for all classes missed by a student;

History

Authority: Chapter 657 of the Public Acts of 2006, §§2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.03 FEES

(1) The application and renewal application fee is one thousand five hundred dollars ($1500) per provider.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.04 COURSE APPROVAL PERIODS

(1) Each pre-licensing course approval shall remain effective for three (3) years from the date of approval.

After three (3) years, the approval of the Board shall expire, unless the Board, after reviewing a renewal pre-licensing course application, approves the course for another such time period.

(2) All pre-licensing course providers shall be required to resubmit their courses for approval at least one hundred twenty (120) days prior to the applicable expiration date. Failure to meet this deadline may result in the non-approval of a course.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.05 CHANGES IN APPLICATIONS

Any material change in any information furnished in connection with any application of a pre-licensing course (including, but not limited to, an address change of a provider, information concerning course content, instructors, and facilities) shall be submitted to and approved by the Board before taking effect.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.06 WITHDRAWAL OF APPROVAL

(1) Approval of any course(s) may be withdrawn by the Board if:

(a) the establishment or conduct of a course violates, or fails to meet the requirements of, the provisions of this chapter or other applicable law;

(b) the information contained in the application is materially inaccurate or misleading;

(c) the provider, an instructor, or any other school representative disseminates false or misleading information concerning any course;

(d) the sponsor, an instructor, or any other school representative possesses, claims to possess, reveals, or distributes any questions utilized in examinations given by the Board;

(e) the performance of the instructor is so deficient as to impair significantly the value of a course provided, however, that the instructor shall receive adequate notice of the discovered deficiency and opportunity to demonstrate satisfactory correction thereof; or (f) the provider, an instructor, or any other school representative disseminates false or misleading information regarding classifications, law, or entices an applicant to apply for unnecessary classes or purchase unnecessary course materials.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.07 PROMOTIONAL MATERIALS

(1) All materials used for advertising or promoting any pre-licensing course shall contain statements or claims that are factually supported.

(2) No provider shall advertise or promote that fees charged for the pre-licensing courses will be waived if the student fails to pass any examination required by the Board;

(3) No provider shall advertise or promote any guarantee that a student will successfully pass any examination required by the Board; and (4) No provider shall advertise that it has been specially endorsed by the Board.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.08 RELATIONSHIP WITH ACCOUNTANTS AND INSURANCE BROKERS

No provider offering a pre-licensing course shall advise students on financial accounting, insurance requirements or recommend, offer or encourage students to retain a particular accountant, accounting firm or insurance broker to complete any application requirements for a license under Tenn. Code Ann. §§ 62-6-101 et. seq.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.09 INSPECTIONS

By applying for the Board’s approval of any pre-licensing course, the applicant agrees that the Board or its authorized representative may perform periodic inspections and monitoring for the purposes of evaluating facilities, course content, instructor performance, or any other relevant aspect of the administration and conduct of such course.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Tenn. Comp. R. & Regs. 0680-05-.10 CITATION PENALTIES

(1) The Executive Director of the Board may issue citations against providers offering pre-licensing courses for any violation of T.C.A. §62-6-138 or any rule contained herein. Each citation shall contain an order to cease all violations of this chapter, and an assessment of a civil penalty in accordance with the following schedule:

Violation Penalty T.C.A. § 62-6-138 $250 - $1,000 (2) In determining the amount of any penalty to be assessed pursuant to this rule, the Executive Director may consider such factors as the following:

(a) whether the amount imposed will be substantial economic deterrent to the violator;

(b) the circumstances leading to the violation;

(d) the economic benefits gained by the violator as a result of noncompliance;

(e) the interest of the public;

(f) willfulness of the violation;

(g) extent to which the licensee has sought to compensate any victim(s) of the violation.

History

Authority: Chapter 657 of the Public Acts of 2006, §§ 2 and 3 and Tenn. Code Ann. §§ 62-6-104, 62-6-108 and 62- 6-138 [effective January 1, 2007].
Administrative History: Public necessity rule filed December 27, 2006; expired June 10, 2007. Public necessity rule filed June 11, 2007; expires November 23, 2007. Original rule filed May 10, 2007; effective July 24, 2007.

Chapter 0680-06 General Liability Insurance

Tenn. Comp. R. & Regs. 0680-06-.01 DEFINITIONS

(1) “Applicant” means an individual or entity who/that is applying for a home improvement contractor license or a general contractor license with the Board.

(2) “Board” means the Board for Licensing Contractors created by Tenn. Code Ann. § 62-6-104.

(3) “General Liability Insurance” means an insurance policy providing insurance coverage for negligent acts or other acts of the principal insured or the principal insured’s agents or employees, operating in the course and scope of the agency or employment.

(4) “Licensee” means an individual or entity who/that is licensed with the Board as a home improvement contractor or a general contractor.

History

Authority: Chapter 130 and Chapter 460 of the Public Acts of 2007, §1 and T.C.A. §§ 62-6-108 and 62-6-111(a)(1) [effective July 1, 2007] and 62-6-506(b)(5) [effective July 1, 2007].
Administrative History: Public necessity rule filed June 29, 2007, expired December 11, 2007. Public necessity rule filed December 11, 2007; effective through May 24, 2008. Public necessity rule filed December 11, 2007, expired effective May 25, 2008. Rule reverted to its previous status. Public necessity rule filed May 29, 2008; effective through November 10, 2008. Rule filed April 28, 2008; effective July 12, 2008.

Tenn. Comp. R. & Regs. 0680-06-.02 AMOUNT OF INSURANCE

(1) Board licensees and applicants shall maintain general liability insurance as follows:

(a) In the case of all home improvement contractor applicants or licensees, or if a general contractor applicant’s or a licensee’s monetary limit is between the amounts of zero dollars ($0) and five hundred thousand dollars ($500,000), then the applicant or licensee shall obtain a general liability insurance policy in an amount not less than one hundred thousand dollars ($100,000).

(b) If an applicant’s or a licensee’s monetary limit is between the amounts of five hundred thousand one dollar ($500,001) and one million five hundred thousand dollars ($1,500,000), then the applicant or licensee shall obtain a general liability insurance policy in an amount not less than five hundred thousand dollars ($500,000).

(c) If an applicant’s or a licensee’s monetary limit is one million five hundred thousand one dollar ($1,500,001) or more, then the applicant or licensee shall obtain a general liability insurance policy in an amount of not less than one million dollars ($1,000,000).

History

Authority: Chapter 130 and Chapter 460 of the Public Acts of 2007, §1 and T.C.A. §§ 62-6-108 and 62-6-111(a)(1) [effective July 1, 2007] and 62-6-506(b)(5) [effective July 1, 2007].
Administrative History: Public necessity rule filed June 29, 2007, expired December 11, 2007. Public necessity rule filed December 11, 2007; effective through May 24, 2008. Public necessity rule filed December 11, 2007, expired effective May 25, 2008. Rule reverted to its previous status. Public necessity rule filed May 29, 2008; effective through November 10, 2008. Rule filed April 28, 2008; effective July 12, 2008.

Tenn. Comp. R. & Regs. 0680-06-.03 PROOF OF INSURANCE

(1) Applicants shall provide the Board with a copy of a certificate of insurance upon applying for licensure with the Board as proof of having obtained a general liability insurance policy.

(2) Licensees shall provide the Board with a copy of a certificate of insurance upon renewing his/her/its license as proof of having maintained a general liability insurance policy.

(3) Applicants and licensees shall name the Board as the certificate holder on the general liability insurance policy.

History

Authority: Chapter 130 and Chapter 460 of the Public Acts of 2007, §1 and T.C.A. §§ 62-6-108 and 62-6-111(a)(1) [effective July 1, 2007] and 62-6-506(b)(5) [effective July 1, 2007].
Administrative History: Public necessity rule filed June 29, 2007, expired December 11, 2007. Public necessity rule filed December 11, 2007; effective through May 24, 2008. Public necessity rule filed December 11, 2007, expired effective May 25, 2008. Rule reverted to its previous status. Public necessity rule filed May 29, 2008; effective through November 10, 2008. Rule filed April 28, 2008; effective July 12, 2008.

Chapter 0680-07 General Regulations for Home Improvement Contractors

Tenn. Comp. R. & Regs. 0680-07-.01 FEES

(1) Initial application and license fee (biennial) ..........................$250.00 per business location (2) Renewal fee (biennial)......................................................$200.00 per business location (3) Late renewal fee ................................. $10.00 each month; not to exceed three (3) months (4) Duplicate license fee for one lost, destroyed or mutilated........................................$10.00

History

Authority: T.C.A. §§ 62-6-504 and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.02 .

History

Authority: T.C.A. § 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.03 LICENSE FOR HOME IMPROVEMENT CONTRACTORS

All home improvement contractors required to be licensed shall have licenses on and after January 1, 1989.

History

Authority: T.C.A. §§ 62-6-502 and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.04 ADVERTISING

(1) A licensed home improvement contractor may not solicit home improvement business by way of advertisement in a newspaper, magazine, circular, or printed document, or by way of television or radio announcement, unless the name and license number of the contractor is stated in the advertisement.

(2) A licensee may not directly or indirectly publish any advertisement relating to home improvements, including finance or credit terms, that contains an assertion, representation, or statement of fact that is false, deceptive or misleading.

(3) General statements, such as “Factory to You,” “Direct to You,” “Buy from the Manufacturer,”

“Save the Middleman’s Profit,” or phrases of similar meaning may not be used unless the advertiser is actually the maker or producer of the merchandise advertised or offered for sale.

History

Authority: T.C.A. §§ 62-6-510(9) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.05 NOTICE OF CHANGE OF LICENSING INFORMATION

A licensee shall notify the Board in writing within thirty (30) days of any change of control in ownership, management, address or trade name. Upon notification of a substantial change in control of ownership, the Board reserves the right to require a new application for licensure.

History

Authority: T.C.A. §§ 62-6-506(h) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.06 TIME LIMITATIONS FOR FILING COMPLAINTS

The Board may summarily dismiss any complaint brought against a licensee after one (1) year from the date of the home improvement contract for the work from which the complaint arises, unless the Board finds that the delay was justified and does not result in an undue burden for the licensee.

History

Authority: T.C.A. § 62-6-513(3) and (4).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.07 APPLICATION FOR LICENSURE AS HOME IMPROVEMENT CONTRACTOR

(1) An application for licensure as a home improvement contractor, whether it is in the name of an individual, partnership, proprietorship, or corporation, may not be accepted, if the name under which the licensee will be trading is the name being used by an existing licensee, or is so similar to the name being used by an existing licensee that it will cause confusion on the

part of the public at large, unless the applicant has obtained exclusive use of this name under the federal trademark laws.

(2) If the applicant’s mailing address is a post office box, the applicant must also include a physical address for the business location.

History

Authority: T.C.A. §§ 62-6-506(c) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.08 TEMPORARY LICENSES

(1) Temporary Licenses (a) Pursuant to T.C.A. § 62-6-506(d), the Executive Director may grant an application for a home improvement temporary license pending a final decision of the Board on the Application for a permanent license if:

Applicant has properly filed for a permanent license and has paid the requisite license fee;
Applicant has filed a bond or evidence of financial responsibility in accordance with T.C.A. § 62-6-506(h);
Applicant has submitted a written request for a temporary license to the Executive Director; and 4. The Executive Director determines that granting the applicant a temporary license is in the public interest and that granting the applicant a temporary license does not pose a substantial risk of harm to owners for whom the applicant would do home improvement work.

(b) As soon as possible after receiving a written request for a temporary license, but not more that forty five (45) days after receiving the request, the Executive Director shall inform the applicant in writing whether the Executive Director has denied or granted the applicant a temporary license. If the Executive Director grants an applicant a temporary license, the writing to the applicant shall state that the temporary license terminates automatically when the Board decides to issue or deny the applicant a permanent license and that the Executive Director can terminate the temporary license at any time before final action on the application for a permanent license. Notwithstanding the above, a temporary license shall automatically expire after sixty (60) days from the effective date, and may not be renewed. If an additional application for a temporary license is filed within thirty (30) days after expiration of a previously issued temporary license, then the fee shall be twenty-five dollars ($25.00).

(c) When the Executive Director issues a temporary license to an applicant, the Executive Director shall issue the applicant a license which is specially marked as temporary.

This temporary license may be in the form of a letter from the Executive Director. The Executive Director shall state in this letter the effective date of the temporary license.

(d) A temporary license shall automatically expire if the Board issues a final decision denying the applicant’s request for a permanent license.

(e) The Executive Director or the Board may terminate a temporary license at any time for any reason which is not arbitrary or capricious. When the Executive Director or the Board terminates a temporary license, it shall take effect upon receipt by the applicant of the notice of termination, or ten (10) days after the mailing of the notice of termination, or whichever comes first.

History

Authority: T.C.A. §§ 4-3-1403; 62-6-506(c), (d), (g), and (f) ; 62-6-507; 62-6-513; and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017.

Tenn. Comp. R. & Regs. 0680-07-.09 LICENSE RENEWALS

(1) An application for a license previously issued which is received within one (1) year from the date of issue shall be presumed to be an application for a renewal of that license; no renewal application will be accepted more that ninety (90) days after the expiration of the license.

(2) An application for a license previously issued which is received more than ninety (90) days from the date of the previously issued license’s expiration shall be presumed to be an application for a new license.

(3) Effective Date of Renewals. A license renewed pursuant to this regulation may not be retroactive to the date that the previously issued license expired, but shall take effect on the date that the applicant fulfills the Board’s requirements for renewal. The license shall expire two (2) years from the date on which the previously issued license expired.

History

Authority: T.C.A. §§ 62-6-506(g), 62-6-507(d), and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.10 CREDIT REPORTS

(1) The Board in its discretion may require an applicant for an original contractor’s license to submit to the Board a credit report from an approved credit reporting agency and a statement of all outstanding judgements against the applicant.

(2) The Board shall consider this credit report and statement in determining whether the applicant has demonstrated financial solvency.

History

Authority: T.C.A. §§ 62-6-506(a) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.11 FINANCIAL STATEMENT

The Board may require any applicant to submit a reviewed financial statement attested to by either a certified public accountant or licensed public accountant; or on a form prescribed by the Board with a notarized affidavit, in order to determine the applicant’s financial stability.

History

Authority: T.C.A. §§ 62-6-506(a) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.12 FILING OF SECURITY PRIOR TO ISSUANCE OF LICENSE

(1) The requirements of T.C.A. § 62-6-506(h) must be effective and evidence thereof filed with the Board prior to issuance of the contractor’s license.

(2) Upon cancellation of an instrument described in T.C.A. § 62-6-506(h) the licensee must notify the Board in writing within ten (10) days of such cancellation.

History

Authority: T.C.A. §§ 62-6-506(h) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.13 BONDS

(1) Bonds shall be written on a form approved by the Insurance Commissioner, available through the Board, which shows the name of the principal as it appears on the license application.

(2) Description of Bonds.

(a) Surety Bond.

A surety bond shall be in the amount of ten thousand dollars ($10,000.00), issued to a home improvement contractor by an approved insurance company authorized to do business in Tennessee, for the benefit of a claimant, who has been damaged by the contractor’s breach of a home improvement contract. If the bond ceases to be in effect, the home improvement contractor’s license shall become invalid.
The Board may refuse to accept a bond written for a home improvement contractor by a surety which has failed to meet its obligations under this subtitle.

(b) Letter of Credit.

A bond in the form of an irrevocable letter of credit shall be an agreement, between a financial institution and a home improvement contractor on record at the Board wherein the FDIC insured financial institution agrees to extend an irrevocable line of credit amounting to ten thousand dollars ($10,000.00), for the

purpose of honoring claims filed with the Board.

The irrevocable letter of credit shall show the name of the financial institution extending the credit and the name of the applicant or home improvement contractor to whom the letter of credit was issued as it appears on the applicant’s or home improvement contractor’s license application.

(3) Release of Bond.

A bond may not be released until whichever occurs last:

(a) One (1) year after the inactivation, expiration or revocation of home improvement contractor’s license;

(b) After the pending claims against the licensee filed during the period described in 3(a) have been heard and satisfied, or dismissed.

History

Authority: T.C.A. §§ 62-6-506(h) and 62-6-513(3).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009. Amendments filed March 22, 2018; effective June 20, 2018.

Tenn. Comp. R. & Regs. 0680-07-.14 COUNTY ADOPTION OF HOME IMPROVEMENT LAW

The legislative body of the county may, by two-thirds (2/3) majority vote, adopt the home improvement license law. Such county must notify the Board in writing of the effective date to implement the requirements to home improvement contractors.

History

Authority: T.C.A. § 62-6-516(b).
Administrative History: Original rule filed March 19, 2009; effective June 2, 2009.

Tenn. Comp. R. & Regs. 0680-07-.15 EXPEDITED PROCEDURE FOR MILITARY PERSONNEL AND SPOUSES

(1) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

After completing applicant’s additional requirements and providing the Board with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the date of the original issuance of the temporary license and an expiration date as if the full license had been issued at that time providing the Board determines that there have been no intervening issues to prevent such licensure.
A temporary license shall be issued for a period of less than the length of a renewal cycle for a permanent license.
A temporary license shall expire upon the date set by the Board and shall not be subject to renewal except through the completion of applicant’s additional requirements, as required by the Board or by an extension of time granted for good cause by the Board.
Should an extension to a temporary license cause the license to be in effect longer than the renewal cycle of a permanent license then the holder of the temporary license shall file a renewal application with such documentation and fees, as are required by the Board for all other renewals of a permanent license of the same type.

(a) The license of a person described in paragraph (3) shall be eligible for renewal pursuant to this subsection for one (1) year from the person’s release from active duty.

History

Authority: T.C.A. §§ 4-3-1304, 62-6-506, 62-6-507, and 62-6-513.
Administrative History: Original rule filed November 17, 2016; effective February 15, 2017.

Tenn. Comp. R. & Regs. 0680-07-.16 CIVIL PENALTIES

Violation Penalty T.C.A. § 62-6-502 $50.00-$1,000.00 T.C.A. § 62-6-509(a)(1-6) $50.00-$500.00 T.C.A. § 62-6-510(1)(2)(5)(6)(7)(8)(9)(10)(11)(12)(13)(15)(16) $50.00-$500.00 T.C.A. § 62-6-510(3), (4), or (141) $50.00-$25,000.00 (2) In determining the amount of any penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(d) The economic benefits gained by the violator as a result of non-compliance;

(e) The interest of the public;

(f) The willfulness of the violation; and, (g) The extent to which the licensee has sought to compensate any victim(s) of the violation.

(3) For the purposes of assessment of civil penalties pursuant to this rule each day of continued violation shall constitute a separate violation.

History

Authority: T.C.A. §§ 62-6-509, 62-6-513, and 62-6-518.
Administrative History: Original rule filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017.

Tenn. Comp. R. & Regs. 0680-07-.17 CONTRACTING IN CORRECT NAME; CHANGE OF NAME

(1) Upon receiving a certificate of licensure from this Board, the licensee has an affirmative responsibility to enter into contracts and operate its related contracting business under the name in which it is licensed in order to notify and prevent confusion on the part of the public at large of an entity’s licensure status. Contracting, as defined by T.C.A. § 62-6-102(4)(A)(i) in a name different than that in which an individual or entity is licensed by this Board is considered a violation of this chapter, and will be cause for appropriate disciplinary action.

History

Authority: T.C.A. §§ 62-6-509, 62-6-510, 62-6-513.
Administrative History: Original rule filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017.

Tenn. Comp. R. & Regs. 0680-07-.18 MISCONDUCT

The following acts may constitute misconduct and may result in disciplinary action against licensees including possible revocation or suspension of license. The acts include, but are not limited to:

(1) Failure to cooperate with an investigation related to a complaint filed with the Board. This includes failure to respond in writing to any communication from the Board requesting a response within thirty (30) days of sending such communication by reasonable means necessary to notify the licensee, including but not limited to, dispatch through regular mail, certified mail, and/or email to the addresses or information last provided to the Board by the licensee;

(2) Failure to abide by a warranty agreement;

(4) Failure to maintain worker’s compensation if insurance is required by Tennessee statute;

(5) Revocation, suspension, or voluntary surrender of contractor’s license in another jurisdiction;

(6) Failure to pay a civil judgment rendered against the contractor by a court of competent jurisdiction if the conduct that is central to the judgement is related to the contracting industry;

(7) Failure to respond to customer inquiries regarding completion of work and/or dissatisfaction with quality of work;

(8) Submitting documentation to the Board that is false, forged, altered or otherwise misleading or knowingly making any false statement related to a license application or to an investigation conducted by the Board or Board employees.

History

Authority: T.C.A. §§ 62-6-509, 62-6-510, and 62-6-513.
Administrative History: Original rule filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Amendments filed August 20, 2025; effective November 18, 2025.

Chapter 0680-08 Go Build Tennessee

Tenn. Comp. R. & Regs. 0680-08-.01 DEFINITIONS

(1) “Board” means the Tennessee Board for Licensing Contractors.

(2) “Corporation” means the Corporation created to implement and administer the Go Build Tennessee Program pursuant to T.C.A. § 4-41-103.

(3) “Program” means the “Go Build Tennessee Program” created in T.C.A. title 4, chapter 41.

History

Authority: T.C.A. § 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.02 REPORTS

(1) The Corporation shall submit quarterly reports to the commissioner of the department of labor and workforce development and the Executive Director of the Board. The quarterly reports shall include:

(a) A compilation prepared by a licensed Certified Public Accountant in compliance with generally accepted accounting principles; and (b) Information documenting the number of training opportunities for secondary and postsecondary students in the construction industry created or attracted by the Corporation during that quarter. These reports should indicate increases and decreases in training opportunities from the previous quarter.

Enrollment statistics will measure the impact of the Corporation’s effect.

Enrollment data is to be collected from the Tennessee Division of College, Career and Technical Education, The Tennessee Board of Regents, The Tennessee Council for Career and Technical Education, and the Tennessee Department of Education. The Program may also conduct additional surveys to gather relevant information.

(2) The Corporation shall submit a copy of the annual report submitted pursuant to T.C.A. § 4- 41-109(b) including a statement of the Corporation’s operations, and all information requested in paragraphs (1)(a) and (1)(b) of this rule on an annual basis, to the Board within ninety (90) days after the end of the Corporation’s fiscal year.

History

Authority: T.C.A. §§ 4-41-105 and 4-41-109.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017. October, 2017 2

Tenn. Comp. R. & Regs. 0680-08-.03 REQUESTS FOR INFORMATION BY THE BOARD

(1) The Corporation shall respond within seven (7) calendar days to any request for information pertaining to the disbursement of funds and provide all information pertinent to such request by the Board, its Executive Director, or such person authorized to act on behalf of the Board or its Executive Director; however, the Executive Director may allow for a reasonable extension of time for a response upon written request by the Corporation unless the Board has voted to not allow such additional period.

(2) Within seven (7) calendar days of scheduling a meeting of the Corporation, the Corporation shall notify the Executive Director of the Board of the date, time, and location of the scheduled meeting.

(a) If an emergency meeting of the Corporation is scheduled to take place within one (1) week of scheduling the meeting, the Corporation shall notify the Executive Director immediately.

History

Authority: T.C.A. § 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.04 CONTRACTS FOR RESOURCES

(1) Should the Corporation contract with independent persons or entities for materials, labor, or any other needed resources that the Corporation may lawfully obtain, the Corporation shall adhere to the following protocol:

(a) The Corporation shall receive at least three (3) bids to perform a contract unless the Corporation makes a finding in writing that one of the following contingencies exists:

That receiving multiple bids would not be in the best interest of the Corporation;
That the Corporation has previously attempted to obtain multiple bids but was unable to do so; or 3. That the qualifications of one (1) vendor make it the only qualified vendor to provide the services required under the contract.

(b) All bids shall be in writing, shall disclose the person or entity’s name making the bid, the price or cost structure – including total cost under the contract, and such other information as the Corporation may require.

(c) No member of the Corporation shall take part in the consideration or discussion of a contract if such person has a direct or indirect interest in any company placing a bid.

Direct interest in a company means any ownership interest by the Corporation member or any member of such person’s immediate family. Indirect interest includes social, familial, or professional connections which reasonably prevent a member of the Corporation from acting objectively.

(d) The Corporation shall select the best vendor taking into account the overall cost, the professional qualifications of the vendor, and the needs of the Corporation.

(e) The Corporation may delegate the review and acceptance of bids to one (1) or more persons each having no direct or indirect interest in any of the bidders, as defined above, who shall review all submissions and choose a qualifying person or entity based on overall cost, the professional qualifications of the vendor, and the needs of the Corporation.

October, 2017 3 (f) No member of the Corporation or any entity that they have an interest in directly or indirectly have a financial interest in shall enter into a contract with the Corporation for resources or services.

History

Authority: T.C.A. § 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.05 CONTRACTUAL OR PROMOTIONAL AGREEMENTS

(1) A copy of the following information shall be sent to the Board office within thirty (30) days after entering into a contractual or promotional agreement pursuant to § 4-41-104:

(a) A statement of the purpose or direction of the contractual or promotional agreement;

(b) A detailed description of the contractual or promotional agreement and timeline of any such agreement;

(d) The maximum amount to be expended under any contractual or promotional agreement; and (e) The number of bidders considered in awarding the contractual or promotional agreement.

(2) Any change in the information provided pursuant to paragraph (1), including any extension of an agreement or additional expenditure under an agreement, shall be publicly disclosed in the same manner as provided in paragraph (1).

History

Authority: T.C.A. §§ 4-41-104 and 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.06 GO BUILD ACCOUNT

(1) To fund the Program, fifty percent (50%) of the Board’s excess licensing revenue collected during that fiscal year after all expenditures for that fiscal year shall be transferred to the Go Build Account on an annual basis.

(a) The transfer of funds shall be made during the first quarter of every fiscal year beginning with 2015-2016, with the last transfer to be made in fiscal year 2018-2019.

(b) All funds that are transferred to the Corporation shall be transferred from the Board’s reserve balance and shall not be budget expenditure.

(2) Prior to any dissolution of the Corporation, the members shall cause the Corporation to discharge or make reasonable provisions for the payment of claims and make distributions of all assets after payment or provision of claims to the Board. If funds were contributed to the Corporation by entities other than the Board, the Corporation shall pro rate the amount to be remitted to the Board based on the percentage of their contribution plus any amount used during the current fiscal year from the initial funding contribution compared to all contributions made within the current fiscal year. All other assets and funds shall be distributed, after payment or provision of claims, according to Tennessee and federal law.

October, 2017 4

History

Authority: T.C.A. § 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.07 APPLICATIONS FOR DISBURSEMENTS

(1) The Program may, but is not required to, make grant applications available to Programs, as described in this rule.

(2) If the Program accepts grant applications, any eligible institution may make application to the Program. The Program shall require each eligible institution to file a written application with the Corporation prior to any disbursement.

(a) “Eligible institution” means secondary schools in Tennessee, postsecondary schools in Tennessee, the Tennessee colleges of applied technology, and other community colleges in Tennessee.

(b) “Eligible program” means career and technical education Programs or other certified and nationally accredited programs that encourage and promote career opportunities in the construction industry that are in secondary schools in this state, postsecondary schools in this state, the Tennessee colleges of applied technology, and other community colleges in this state.

(3) A copy of the statement of purpose or direction pursuant to 0680-08-.06 (1)(a), a copy of the detailed description of the project and timeline pursuant to 0680-08-.06 (1)(b), the name of the applicant, and the total amount of funds approved to be disbursed from the Program pursuant to any application resulting in the Corporation granting funds from the Program to an eligible institution for an eligible Program shall be publicly disclosed on the Corporation’s website within thirty (30) days after any agreement is made.

(4) The Corporation shall receive all applications in writing and in choosing which applicants will receive grants shall follow the following protocol:

(a) The application shall disclose the person or entity’s name making application;

(b) No member of the Corporation shall take part in the consideration of or discussion of an application if such person has a direct or indirect interest in any person or entity making application. No member shall propose on or contract with the Corporation if such person has a direct interest in or an indirect financial interest in any person or entity making application. Direct interest in a person or entity means any ownership interest by the Corporation member or any member of such person’s immediate family. Indirect interest includes social, familial, or professional connections which reasonably prevent a member of the Corporation from acting objectively; and (c) The Corporation may delegate the review of applications to one (1) or more persons each having no direct or indirect interest in any of the applicants, as defined above, who shall review all submissions and choose a qualifying person or entity.

History

Authority: T.C.A. § 4-41-105.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Tenn. Comp. R. & Regs. 0680-08-.08 DISBURSING OF FUNDS

(1) Funds collected pursuant to T.C.A. § 4-41-105(b) shall be used by the Corporation to pay expenses incurred by the Corporation for the administration of the Program.

October, 2017 5 (2) Funds shall be used to encourage and promote career opportunities in the construction industry by way of attending a school with career and technical education Programs and other certified and nationally accredited Programs that are in secondary and postsecondary schools in this state, Tennessee colleges of applied technology, and other community colleges in this state, and through apprenticeship Programs.

History

Authority: T.C.A. §§ 4-41-105, 4-41-107, and 4-41-108.
Administrative History: Original rule filed July 18, 2017; effective October 16, 2017.

Chapter 0680-09 Continuing Education

Tenn. Comp. R. & Regs. 0680-09-.01 DEFINITIONS

“Residential Continuing Education” or “RCE” means any training, whether provided in a classroom or online, and approved by the Board for Licensing Contractors, utilized toward the advancement of the residential construction industry, specifically the residential contractors licensed after January 1, 2009 with the classification BC-A; BC-A/r; and residential small commercial BC-A,b(sm).

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112(g).
Administrative History: New rules filed April 28, 2021; effective July 27, 2021.

Tenn. Comp. R. & Regs. 0680-09-.02 RESIDENTIAL CONTINUING EDUCATION REQUIREMENTS

(1) Beginning January 1, 2020, as a prerequisite for the renewal of a residential contractor’s license with a classification of BC-A, BC-A/r, or BC-A,b(sm), the licensee shall obtain eight (8) hours of Board-approved Residential Continuing Education (RCE) in the residential construction industry during the two (2) year period prior to the expiration of such license.

(a) RCE must be obtained by an individual designated as a Qualifying Agent (QA) on the contractor’s license. Only one (1) QA is required to obtain RCE to fulfill the license renewal requirements.

(b) Any residential contractor licensed prior to January 1, 2009 is not required to complete continuing education requirements.

(2) Formal courses of learning may request approval to offer RCE pursuant T.C.A. § 62-6-112(g), by classroom or online, and must provide education which contributes directly to the professional competence of the licensee.

(3) Formal courses requiring attendance may only be considered if:

(a) An outline is prepared and preserved, (b) The unit course is at least one (1) hour (1 credit hour = 50 minutes) in length, (c) The course is conducted by a qualified instructor, discussion leader or lecturer, who has at least four (4) years of construction work experience or education, or any combination of both in the subject to be taught.

(d) A record of registration and attendance is maintained and certified by the signature of an authorized representative of the organization sponsoring the course.

(4) Subject to compliance with paragraphs (2) and (3) of this rule, the following are deemed to be qualifying programs:

July, 2021 2 (a) University, college or courses taken with Tennessee College of Applied Technology (TCAT) provided that:

Successful completion of a semester or quarter length course qualifies for eight (8) hours of the residential continuing education requirement for the year in which it is taken, and 2. The courses are relevant to the residential construction industry;

(b) Professional development programs and technical sessions at meetings of recognized national, state and local trade associations recognized by the Board;

(c) Courses offered for environmental hazards, including, but not limited to, asbestos, lead and radon by the State of Tennessee, the United States government or any other state or local governmental agency; and (d) Outreach events by the Board for Licensing Contractors.

(5) Active membership in a professional trade association approved by the Board qualifies as four (4) hours of RCE annually for the year for which the membership is active.

(6) All requests to be a RCE provider must be individually approved by the Board on the basis of the course’s ability to provide relevant curriculum, the availability, quality, and the reasonable cost of the course among other factors.

(a) Professional trade associations requesting approval to offer RCE for membership must include with their written request, the benefits of membership, definition of active membership, whether it’s granted to an individual, firm or both, cost, availability in other states and other organizations and the proof of active membership format to be issued to the licensee showing participation in residential construction education that equals four (4) hours annually or eight (8) hours biennially of RCE.

(7) Formal correspondence and other individual study programs which require registration and provide evidence of satisfactory completion may apply to the Board to offer RCE credit in an amount to be determined by the Board.

(8) RCE credit hours will be allowed for service as an instructor, discussion leader or speaker at any program approved by the Board for which participants are eligible to receive RCE credit.

Credit for such service shall be allowed on the first presentation only, unless the program has been substantially revised. Fifty (50) minutes of instruction will equal one (1) credit hour of RCE.

(9) Any program of RCE not specifically mentioned by this rule may be submitted to the Board for evaluation and approval.

(10) The Board specifically reserves the right to approve or disapprove credit for RCE claimed under this rule.

(11) No carryover of RCE hours from renewal period to the next renewal period is permitted.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112(g).
Administrative History: New rules filed April 28, 2021; effective July 27, 2021. July, 2021 3

Tenn. Comp. R. & Regs. 0680-09-.03 STANDARDS OF ACCEPTANCE OF CONTINUING EDUCATION COURSES

(1) The Board shall have the authority to review and either accept or deny approval for RCE courses based upon the criteria established in rule 0680-09-.02, paragraphs (2), (3), and (6).

(2) RCE courses submitted for approval shall list the following:

(a) Title of course;

(b) Class length (in hours);

(d) Reference materials used with the course;

(e) Author of course and employment affiliation;

(f) Selection of criteria for students;

(g) Related courses.

(3) Related courses include:

(a) Building codes;

(b) Functional fields of a construction business (including but not limited to, finance, marketing, personnel relations, business management, and organization);

(d) Workplace safety;

(e) Workers Compensation;

(f) Building techniques and technology.

(4) Course materials and information shall be submitted to the Board for review. The Board shall accept or reject the course for RCE credit. The Board may audit the course if deemed necessary for evaluation purposes.

(5) All correspondence regarding materials submitted for evaluation by the Board and/or its subcommittees shall be public record. However, nothing in this rule shall adversely affect copyrighted material.

(6) These approved RCE courses must certify the attendance and successful completion of the course for each of its students to the Board on an appropriate form.

(7) A RCE course approval shall continue in effect for four (4) years from the date on which the RCE course is approved.

(8) The Board reserves the right to issue RCE course approvals for periods of less than four (4) years.

(9) RCE Course providers shall resubmit their courses for approval at least one hundred twenty (120) days prior to the applicable expiration date. Failure to meet this deadline may result in the non-approval of a course.

July, 2021 4

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112(g).
Administrative History: New rules filed April 28, 2021; effective July 27, 2021.

Tenn. Comp. R. & Regs. 0680-09-.04 RETIRED TO ACTIVE STATUS

Contractors who have been in a retired status for two (2) years or more will not need to provide proof of RCE except for the eight (8) hours required at the time of their next renewal. Contractors who have been in a retired status for less than two (2) years shall provide proof of RCE completion prior to returning to an active status.

History

Authority: T.C.A. §§ 62-6-108 and 62-6-112(g).
Administrative History: New rules filed April 28, 2021; effective July 27, 2021.