Contracts and Miscellaneous Info

Minimum Elements of a Contract

32-1158. Minimum Elements of a Contract

Minimum Industry Standards

Advertising

Advertising by Contractors

In any advertising for services, performed by licensed contractors, the following guidelines may be useful to prevent false and misleading advertisements.

Any advertisement, including the name of the business, should not imply the name of a building trade or craft for which the contractor is not duly licensed.

Advertisements, including the name of the business, should not imply that you can perform work outside the scope of work allowed under your license.

Commercial and residential contracting are regulated separately, and therefore the license should be appropriate for the work you are promoting.

All advertising, including websites, letterheads, business cards, fixed signs, mobile signs, other business forms and documents and radio and television commercials used in the conduct of business under your license should include the license number and the company name under which you are licensed. Written forms of advertising should include "ROC" preceding any license number.

Referencing the ROC on Websites
Internet websites referencing the Arizona Registrar of Contractors are requested to include hypertext links to https://roc.az.gov, the Arizona Registrar of Contractors' website.

Advertising by unlicensed contractors

Contracting or Advertising Without a License is a Crime.

Transaction Privilege Tax (TPT) Fact Sheet from ADOR

TPT Fact Sheet

The Arizona Department of Revenue (ADOR) will be implementing changes to transaction privilege tax (TPT) licensing and reporting, as required by law. These changes affect all Arizona-based businesses as well as those located outside of Arizona that sell to Arizona customers. As a licensed contracting professional doing business in Arizona, the information provided on ADOR’s 2016 Fact Sheet may be of use to you.

Air Quality - Asbestos and Dust Regulations

Maricopa County

Maricopa County Air Quality Department

NESHAP Notification Form (Best viewed in Internet Explorer)

Maricopa County Rules and Regulation Rule 370 for Asbestos

Maricopa County Assessor GIS Portal

Dust Permits, Forms and Training

Page 27 of the Dust Control Permit Package is directly related to the Asbestos notification and must be completed correctly when filing the dust permit. This page is put into the dust permit application just to try to make the contractor aware that a notification may be needed and who to call and questions that may help them to know if they need to file.

COMMON MYTHS/MISPERCEPTIONS
Many contractors incorrectly assume Asbestos NESHAP does not apply to them for many reasons including:

the project falls into city jurisdiction- county does not apply [MYTH]

they are only working on one of the houses [MYTH]

it was built recently [MYTH]

there was no asbestos so I do not have to file a demo [MYTH]

Asbestos was banned years ago [MYTH]

I obtained city permits, county or federal regulation do not apply [MYTH]

Maricopa County Air Quality is delegated Asbestos NESHAP regulation of all public, commercial, industrial, institutional facilities including apartment, townhome, and condominiums of greater than four units. This includes pipelines, bridges & two or more dwelling units (each freestanding). Scheduled renovation or demolition at these facilities may have regulatory applicability. All building materials are generally suspect & assumed to be asbestos containing. A currently AHERA certified Building Inspector can perform a survey of these materials to prove otherwise. Regulations require this survey be performed within 12 months of commencement of renovation or demolition activity. Certain activities may require submittal of a NESHAP notification. Issuance of a Dust Control Permit may be delayed if Asbestos NESHAP requirements have not been met. For questions regarding applicability contact Maricopa County at (602) 506-6708 or (602) 506-0421.

State of Arizona

Arizona Corporation Commission

Verify correct name use on the permits and notifications
Arizona Corporation Commission State of Arizona Public Access System (STARPAS)

Arizona Department of Environmental Quality (ADEQ) - Asbestos Information

Arizona Department of Revenue Business Registration - Joint Tax Application

Federal Government

US Dept. of Labor Occupational Health and Safety

Environmental Protection Agency (EPA) Asbestos Information

Environmental Protection Agency (EPA) - Region 9: Air Programs

Federal Asbestos NESHAP - 40 CFR Part 61, Subpart M

Bond Information

Bonding requirements FQA, bond limits and regulations and list of businesses licensed to offer surety products in Arizona.

Historic Preservation Zones

Every year contractors and homeowners remodel homes that are zoned in Historic Preservation Zones throughout the State of Arizona. Did you know that most such homes are subject to strict land use codes which require special review processes that are required to be undertaken and approved before construction begins? Violation of the applicable land use codes and review processes could place property owners in jeopardy and result in expensive fines and court-ordered corrective remedies. So, be aware of where you are working and help your client-homeowners to seek the appropriate permissions according to all applicable codes and review processes before commencing any remodeling project for a home located in an Historic Preservation Zone.

Historic Preservation Links

Phoenix

Prescott

Tucson

Arizona Department of Environmental Quality

ADEQ Mega Search

Notice: Arizona Solar Contractors

Solar Energy Device Warranties

Most contractors are aware that pursuant to A.R.S. § 32-1170.01 it is unlawful to install, alter, or repair a solar device without first qualifying as a solar contractor. Contractors should also be aware that A.R.S. § 44-1762 and A.R.S. § 44-1763 require those who manufacture, furnish for installation, or install a solar energy device to provide consumers a written statement of (1) warranty, (2) responsibilities assumed or disclaimed and (3) performance data of the solar energy device and its components.

The form of this statement is subject to approval by the Registrar of Contractors and a copy of the approved statement is to be kept on public file with the agency.

Questions regarding these written statements or their filing with the Registrar of Contractors should be directed to the licensing department at 602-542-1525.

Solar Contracting

Proper licensure is the first step. The table below reflects the current classifications and requirements necessary for solar licensure as defined by the Registrar of Contractors. In order to perform solar installation in the state of Arizona, contractors must hold at least one of the following licenses:

Arizona Registrar of Contractors Solar Licensing Requirements
License Classification	Description	Experience Requirements
R-4, C-74, CR-74	Boilers, Including Solar	4 Years Journeyman
R-37, C-77, CR-77	Plumbing, Including Solar	4 Years Journeyman
R-37R, C-78, CR-78	Solar Plumbing Liquid Systems Only	6 Months Journeyman
R-39, C-79, CR-79	Air Conditioning And Refrigeration Including Solar	4 Years Journeyman
A-19, B-6, KA-6	Swimming Pools, Including Solar	4 Years Management of General Swimming Pool Contracting.
A-17, R-11, C-11, CR-11	Electrical (including solar electric)	4 Years Journeyman
A-General, B-4 General, KA-General	General Engineering (including solar electric)	4 Years Management of General Engineering

Residential and Commercial General Contracting and Remodeling Licenses may contract for solar installations. However, all work pertaining to the installation must be subcontracted to a properly licensed solar plumbing, air conditioning, boiler, electrical or swimming pool contractor. An exception is that the A-General, B-4 General and KA-Dual Engineering Licenses may perform solar installations.

Roofing tile that function as solar collectors must be installed by a CR-42, roofing contractor. However, connection of these tiles to the electrical system can only be performed by a licensed electrical contractor.

Additionally, any devices (solar or otherwise) mounted on the roof that significantly impacts, may compromise the roof components or may void the existing roof warranty, may require inspection and/or installation by a licensed roofing contractor.

Always ensure that the contractor you hire to perform solar related projects is licensed through the Arizona Registrar of Contractor. Check the status of a Contractor with the Registrar of Contractors.

If you have additional questions you may contact the ROC at 1-877-692-9762.

Testing Requirements

Contractors Business Management Exam and Trade Exam

Statute/ Rule Reference

R4-9-102, R4-9-103, R4-9-104.
Article 4. Qualification of Solar Contractors

§ 32-1170. Definitions

§ 32-1170.01. Installation, alteration or repair of solar device without qualification as solar contractor prohibited

§ 32-1170.02. Qualification Examination

§ 44-1762. Solar energy device Warranties: Installation standards; Inspection

§ 44-1763. Distributed energy generation system agreements; disclosures; exception

Renovation, Repair and Painting (RRP) Rule

EPA's Lead Renovation, Repair and Painting (RRP) Rule requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers, and follow lead-safe work practices.

On October 27, 2015 EPA announced 75 enforcement actions from the past year for violation of the requirement that renovation contractors and training providers protect people from harmful exposure to lead dust and debris. Be sure to stay current with training and certification requirements and to work lead-safe!

As many of you know, EPA extended the training expiration date for many certified renovators to accommodate its January 14, 2015 proposed change to the Renovation, Repair and Painting (RRP) Rule. That amendment was approved and published in the Federal Register on February 17, 2016. Under the final rule, Renovators can take a refresher course without the hands-on training every other time they get certified. A course without hands-on training can be taken completely online. Renovators who take the online training will be certified for three years; renovators who take the hands-on training will be certified for five years. Modifying the hands-on requirement is designed to give renovators easier access to trainings, saving them time and money and possibly resulting in a higher number of renovators taking the refresher course.

Affected expiration dates are based on when the previous course was taken (see table below). Note: The extensions apply only to individual certifications, not to firm certifications.

Renovator Training Expiration Information
Date Course Completed	Expiration
On or before March 31, 2010	March 31, 2016
From April 1, 2010-March 31, 2011	6 years from the date of course completion
On or after April 1, 2011	No extension provided – Expiration is 5 years from the date of course completion

For more information, please call Nancy Kain, EPA's Regional Lead Coordinator, at 415-947-4280 or email her at [email protected]

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