§ 5-65-2. Exemptions from registration — Registered agent for service of process.
(a) The following persons shall be exempt from registration under this chapter:
(1) A person who is constructing, altering, improving, or repairing his or her own personal
property.
(2) A person who is constructing, altering, improving, or repairing a structure located
within the boundaries of any site or reservation under the jurisdiction of the federal
government.
(3) A person who furnishes materials, supplies, equipment, or furnishes products and does
not fabricate them into, or consume them, in the performance of the work of a contractor.
If the person wants to file a complaint pursuant to this chapter they must be registered
pursuant to this chapter.
(4) A person working on one structure or project, under one or more contracts when the
price of all of that person's contracts for labor, materials, and all other items
is less than five hundred dollars ($500) and the work is of a casual, minor, or inconsequential
nature. This subsection does not apply to a person who advertises or puts out any
sign or card or other device that might indicate to the public that the person is
a contractor.
(5) This section does not apply to a person who constructs or for compensation with the
intent to sell the structure, or who arranges to have constructed a structure to be
sold before, upon, or after completion. It shall be prima facie evidence that there
was intent to offer the structure for sale if the person who constructed the structure
or arranged to have the structure constructed does not occupy the structure for one
calendar year after completion.
(6) A person performing work on a single-dwelling-unit property that person owns, whether
occupied by that person or not, or a person performing work on that person's residence,
whether or not that person owns the residence. This subdivision does not apply to
a person performing work on a structure owned by that person if the work is performed,
in the pursuit of an independent business, with the intent of offering the structure
for sale before, upon, or after completion.
(7) A person who performs work subject to this chapter as an employee of a contractor.
(8) A manufacturer of a mobile home constructed under standards established by the federal
government.
(9) A person involved in the movement of:
(i) Modular buildings or structures other than mobile homes not in excess of fourteen
feet (14′) in width.
(ii) Structures not in excess of sixteen feet (16′) in width when these structures are
being moved by their owner if the owner is not a contractor required to be registered
under this chapter.
(10) Any person or business entity licensed by the state employing licensed trades persons
as defined by chapters 6, 20, and 56 of this title, and chapters 26 and 27 of title
28 and working within the purview of the license issued by the governing agency shall
be exempt from all the provisions of this chapter except § 5-65-7, requiring insurance. A valid certificate of insurance shall be required to be maintained
by the licensing agency during the terms of the issuance date of the license as a
condition for a valid license. Failure of the licensee to maintain this insurance
shall result in loss of license pursuant to requirements of statutes governing the
licensing authority.
(b) No registration shall be issued to a nonresident contractor until he or she has filed
with the board a power of attorney constituting and appointing a registered agent
upon whom all processes in any action or legal proceeding against him or her may be
served, and in the power of attorney agrees that any lawful process against him or
her that may be served upon his or her registered agent is of the same force and validity
as if served on the nonresident contractor, and that the power continues irrevocably
in force until such time as the board has been duly notified in writing of any change
to that status.