RS 37:2150.1     

  

§2150.1. Definitions

[Effective Date: Text of Section effective until January 1, 2027.]

           As used in this Chapter, the following terms have the following meanings:

           (1) "Board" means the State Licensing Board for Contractors.

           (2) "Commercial" means any construction project except residential structures intended to be primarily occupied as a residence with no more than two separate dwelling units incorporated into one structure.

           (3) "Contract" means an agreement to perform a scope of work that is regulated by this Chapter. The project value includes the entire cost of the labor, materials, rentals, and all direct and indirect project expenses. The cost of materials, rentals, and direct and indirect expenses shall be included regardless of who pays the costs or if they are donated. The "principal contract" is the agreement to perform the entire scope of work for a construction project.

           (4)(a) "Contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment for any of the following:

           (i) Any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, or housing development, improvement, or any other construction undertaking for which the project value is fifty thousand dollars or more when the property is to be used for commercial purposes.

           (ii) Any new residential structure for which the project value is fifty thousand dollars or more when the property is used for residential purposes.

           (iii) Any improvements or repairs to an existing residential structure for which the project value is seven thousand five hundred dollars or more.

           (iv) Any mold remediation for which the project value is seven thousand five hundred dollars or more.

           (b) The term "contractor" includes persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

           (c) A contractor holding a license in the major classification of hazardous materials, or any subclassifications thereunder, is defined in terms of work performed for which the project value is one dollar or more.

           (d) "Contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking. "Proprietary" means specific and specialized equipment installation, manufacturing processes, used, or components that are protected from disclosure to third parties by the owner or manufacturer of the equipment.

           (5) "Controlled access" means the complete building or facility area under direct physical control within which an unauthorized person is denied access.

           (6) "Electrical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor together with material and equipment, or installing the same for the wiring, fixtures, or appliances for the supply of electricity to any residential, commercial, or other project, for which the project value is ten thousand dollars or more. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become an electrical contractor.

           (7) "Employee" means a worker whose employer deducts taxes from his wages and reports his annual earnings to the Internal Revenue Service using a W-2 form.

           (8) "Executive director" means the person appointed by the board to serve as the chief operating officer in connection with the day-to-day operation of the board's business. The executive director is the appointing authority for all employees of the board.

           (9)(a) "General contractor" means a person who contracts directly with the owner. The term "general contractor" includes the term "primary contractor" and wherever used in this Chapter or in regulations promulgated thereunder "primary contractor" means "general contractor".

           (b) "General contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

           (10) "Home improvement " means the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any preexisting residential structure which building is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building for which the project value is seven thousand five hundred dollars or more. "Home improvement " does not include services rendered gratuitously.

           (11) "Home improvement contractor" means any person who undertakes or attempts to undertake or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a home improvement project for which the project value is at least seven thousand five hundred dollars but less than fifty thousand dollars. A home improvement contractor shall not perform any structural work that is integral to the structural integrity of any new or existing structure, including but not limited to footings, foundations, outside walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or roofing systems to any type.

           (12) "License" means any form of license or registration the board is authorized to issue in accordance with this Chapter.

           (13) "Mechanical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor, or furnishing labor together with material and equipment, or installing the same for the construction, installation, maintenance, testing, and repair of air conditioning, refrigeration, heating systems, and plumbing for all residential, commercial, and industrial applications as well as ventilation systems, mechanical work controls, boilers and other pressure vessels, steam and hot water systems and piping, gas piping and fuel storage, and chilled water and condensing water systems and piping, including but not limited to any type of industrial process piping and related valves, fittings, and components, for which the project value is ten thousand dollars or more. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become a mechanical contractor.

           (14) "Mold remediation contractor" means any person who engages in removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter that was not purposely grown at that location for which the project value is seven thousand five hundred dollars or more. Mold remediation applies only to the regulation of mold-related activities that affect indoor air quality and does not apply to routine cleaning when not conducted for the purpose of mold-related activities intended to affect indoor air quality.

           (15) "Person" means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision.

           (16) "Plumbing contractor" means any person who installs, maintains, and repairs potable and nonpotable tap water or sewer systems within a building structure or residential structure for which the project value is ten thousand dollars or more.

           (17) "Principal" means an owner, shareholder, or an officer or director of a corporation; a member or manager of a limited liability company; a general partner of a partnership; a sole proprietor; a trustee; or a full-time employee with similar operational control or significant influence with respect to any person as determined by the board.

           (18) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the provisions of this Chapter including but not limited to meeting the requirements for the initial license and any continuation thereof.

           (19)(a) "Residential contractor" means any person who constructs a fixed building or structure for sale or use by another as a residence or who, for a price, commission, fee, wage, or other compensation, undertakes or offers to undertake the construction or superintending of the construction of any residential structure which is not more than three floors in height, to be used by another as a residence, for which the project value is fifty thousand dollars or more. The term "residential contractor" includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

           (b) "Residential contractor" includes both of the following:

           (i) Any person bidding or performing home improvement for which the project value is seven thousand five hundred dollars or more.

           (ii) Any person performing the installation of a modular home with a value equal to or greater than fifty thousand dollars for which the total project value shall not include the cost of the component parts of the modular home in the condition each part leaves the factory pursuant to R.S. 40:1730.71.

           (c) "Residential contractor" does not include any person engaged in building residential structures that are built to the United States Department of Housing and Urban Development's construction standards for manufactured housing as outlined at 42 U.S.C. 5401 et seq., or mounted on a metal chassis and wheels.

           (20) "Residential roofing" means the construction, alteration, repair, improvement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with materials or equipment, or the installation of materials or equipment for any phase of roofing specific to a residential structure for which the project value is seven thousand five hundred dollars or more.

           (21) "Residential roofing contractor" means any person who undertakes to, attempts to, or submits a price or bid, or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a residential roofing project for which the project value is seven thousand five hundred dollars or more.

           (22) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence. Such structures or buildings include but are not limited to single family dwellings and duplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence. A residential structure more than three floors in height may be built by a person holding a building construction and residential construction license.

           (23) "Subcontract" means an agreement to perform a portion of the scope of work contained in the principal contract including the entire cost of labor and materials of that part of the principal contract which is performed by the subcontractor.

           (24)(a) "Subcontractor" means a person who contracts to perform a scope of work that is a part of the scope of work contained in the principal contract.

           (b) "Subcontractor" does not include any person, supplier, or manufacturer who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

           Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 638, §1, eff. Feb. 1, 1996; Acts 1997, No. 146, §1; Acts 1997, No. 770, §1; Acts 2003, No. 643, §1; Acts 2003, No. 1146, §2; Acts 2007, No. 398, §1, eff. August 15, 2007; Acts 2008, No. 725, §1, eff. Jan. 1, 2009; Acts 2019, No. 371, §1, eff. August 1, 2019; Acts 2022, No. 195, §1, eff. August 1, 2022; Acts 2024, No. 178, §1, eff. August 1, 2024;; Acts 2025, No. 422, §1, eff. August 1, 2025.




§2150.1. Definitions

[Effective Date: Text of Section effective on January 1, 2027.]

           As used in this Chapter, the following terms have the following meanings:

           (1) "Apprentice gas fitter" means a natural person engaged in learning the gas fitting trade by working under the direct, on-the-job supervision of a gas fitter and in the employ of an employing entity. Apprentice gas fitters shall be indentured in an apprenticeship program approved by Louisiana Works or may be unindentured and in the employ of an employing entity.

           (2) "Apprentice plumber license" means the license that may be granted to a natural person engaged in learning the plumbing trade by working under the direct, on-the-job supervision of a journeyman plumber or master plumber, and in the employ of an employing entity. Apprentice plumbers shall be placed in an apprenticeship approved by the board.

           (3) "Board" means the State Licensing Board for Contractors.

           (4) "Commercial" means any construction project except residential structures intended to be primarily occupied as a residence with no more than two separate dwelling units incorporated into one structure.

           (5) "Commercial construction" means the construction of commercial projects or commercial projects or structures intended for commercial or public use.

           (6) "Contract" means an agreement to perform a scope of work that is regulated by this Chapter. The project value includes the entire cost of the labor, materials, rentals, and all direct and indirect project expenses. The cost of materials, rentals, and direct and indirect expenses shall be included regardless of who pays the costs or if they are donated. The "principal contract" is the agreement to perform the entire scope of work for a construction project.

           (7)(a) "Contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment for any of the following:

           (i) Any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, or housing development, improvement, or any other construction undertaking for which the project value is fifty thousand dollars or more when the property is to be used for commercial purposes.

           (ii) Any new residential structure for which the project value is fifty thousand dollars or more when the property is used for residential purposes.

           (iii) Any improvements or repairs to an existing residential structure for which the project value is seven thousand five hundred dollars or more.

           (iv) Any mold remediation for which the project value is seven thousand five hundred dollars or more.

           (b) The term "contractor" includes persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

           (c) A contractor holding a license in the major classification of hazardous materials, or any subclassifications thereunder, is defined in terms of work performed for which the project value is one dollar or more.

           (d) "Contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking. "Proprietary" means specific and specialized equipment installation, manufacturing processes, used, or components that are protected from disclosure to third parties by the owner or manufacturer of the equipment.

           (8) "Controlled access" means the complete building or facility area under direct physical control within which an unauthorized person is denied access.

           (9) "Dwelling unit" means a single residential unit that provides complete, independent residential living facilities for one or more persons, where occupancy is primarily permanent in nature, including permanent provisions for separate living.

           (10) "Electrical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor together with material and equipment, or installing the same for the wiring, fixtures, or appliances for the supply of electricity to any residential, commercial, or other project, for which the project value is ten thousand dollars or more. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become an electrical contractor.

           (11) "Employee" means a person whose employer is required by law to deduct taxes from his wages and report his annual earnings to the Internal Revenue Service using a W-2 form.

           (12) "Environmental well or hole" is a specialized boring that includes but is not limited to observation, monitor, piezometer, recovery, horizontal boring, cathodic protection, or geotechnical boreholes for the purposes of environmental assessment, sampling, or analyzation.

           (13) "Executive director" means the person appointed by the board to serve as the chief operating officer in connection with the day-to-day operation of the board's business. The executive director is the appointing authority for all employees of the board.

           (14) "Extraordinary circumstances" means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or an illness or emergency medical condition.

           (15) "Factory-built housing dealer" means any person who is engaged, wholly or in part, in the business of buying, selling, distributing, brokering, or exchanging an interest in a manufactured or modular home with the intent to make a profit, monetary gain, or any thing of economic value. Any person who buys, sells, distributes, brokers, or exchanges an interest in more than one such manufactured or modular home in any twelve-month period shall be presumed to be a factory-built housing dealer. "Factory-built housing dealer" does not include any of the following:

           (a) A public officer while performing his official duties.

           (b) A receiver, trustee, administrator, executor, guardian, or any other person appointed by or acting pursuant to a judgment or order of any court.

           (c) A federally insured financial institution, its subsidiaries, or affiliates; a finance company; or any other loan agency, whose principal place of business is located in Louisiana that acquires manufactured housing as an incident to its regular business.

           (d) A developer, a contractor licensed as a factory-built housing developer as provided in this Section, or a real estate broker or real estate salesman retained by a person to sell a manufactured home together with immovable property on which the manufactured home is located.

           (e)(i) A manufactured housing community or park owner that sells less than three manufactured homes in a twelve-month period, provided the community or park owner has owned and leased the manufactured home being sold for more than one year.

           (ii) Notwithstanding Item (e)(i) of this Subparagraph, a manufactured housing community or park owner may sell more than three used manufactured homes in any twelve-month period if any used manufactured home sold after the original three used manufactured homes meets the following:

           (aa) Twenty years old or older at the time of sale.

           (bb) Sold for a total sale price of ten thousand dollars or less, including delivery and installation.

           (cc) Habitable upon completion of delivery and installation.

           (dd) Sold with a thirty-day habitability warranty.

           (16)(a) "Factory-built housing developer" means any person, group of persons, firm, partnership, corporation, association, company, or legal entity that sells, leases, or offers for sale or lease to the public, a lot together with the sale of a manufactured home permanently installed and fixed on a foundation on the lot and designed as a single-family residence.

           (b) "Factory-built housing developer" does not include any of the following:

           (i) An individual selling his personal residence.

           (ii) A real estate broker or real estate salesman retained by a person to sell a manufactured home together with a lot on which the manufactured home has been installed and fixed on a foundation.

           (iii) A federally insured financial institution, its subsidiaries, or affiliates.

           (17) "Gas fitter" means any natural person who possesses the necessary qualifications and knowledge to install, alter, repair, improve, remove, or test natural gas piping, tanks, and appliances annexed to real property but does not include any person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any services or work performed pursuant to such a license.

           (18) "Gas fitting" means the work or business of installing, repairing, improving, altering, or removing natural gas piping, fittings, valves, or tanks used for conveying fuel gas for appliances on or in premises or in buildings annexed to immovable property. For purposes of this Chapter, gas fitting does not include the following:

           (a) The installation or maintenance of piping by any entity of a municipal or gas district system that is subject to the regulatory authority of the Public Service Commission, the New Orleans City Council, or the office of pipeline safety in the Department of Conservation and Energy.

           (b) Any work done by a person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any other services performed pursuant to such a license.

           (c) Piping connection, disconnection, or reconnection from the outlet side of the appliance shutoff valve to the appliance inlet.

           (d) The following persons or entities shall not be construed as a gas fitter or master gas fitter for any purposes of this Chapter solely due to the performance of services described in Subparagraph (a) of this Paragraph:

           (i) Any person or business entity licensed by the State Licensing Board for Contractors as a mechanical contractor.

           (ii) Any person or business entity classified under the heating, air conditioning, ventilation, duct work, and refrigeration subclassification of mechanical contractors pursuant to R.S. 37:2156.2.

           (19)(a) "General contractor" means a person who contracts directly with the owner. The term "general contractor" includes the term "primary contractor" and wherever used in this Chapter or in regulations promulgated thereunder "primary contractor" means "general contractor".

           (b) "General contractor" does not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

           (20) "Home improvement" means the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any preexisting residential structure which building is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building for which the project value is seven thousand five hundred dollars or more. "Home improvement " does not include services rendered gratuitously.

           (21) "Home improvement contractor" means any person who undertakes or attempts to undertake or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a home improvement project for which the project value is at least seven thousand five hundred dollars but less than fifty thousand dollars. A home improvement contractor shall not perform any structural work that is integral to the structural integrity of any new or existing structure, including but not limited to footings, foundations, outside walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or roofing systems to any type.

           (22) "Journeyman plumber license" means the license that may be granted to a natural person who possesses the necessary qualifications and knowledge to install, alter, repair, and maintain plumbing systems; is supervised by a master plumber; and is in the employ of an employing entity.

           (23) "License" means any form of license or registration the board is authorized to issue in accordance with this Chapter.

           (24) "Manufactured home" and "manufactured housing" means a factory-built residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development (HUD), pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. The terms "manufactured home" and "manufactured housing" may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.

           (25)"Manufactured housing code" means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended, and federal regulations promulgated pursuant thereto, along with any construction or installation-related standards adopted by the residential subcommittee of the State Licensing Board for Contractors.

           (26) "Manufacturer" means any person who manufactures manufactured or modular housing.

           (27) "Master gas fitter" means any natural person who possesses the necessary skills, abilities, proficiency, and qualifications to plan and lay out the details for installing and supervising the work of installing, repairing, and maintaining types of materials and equipment used for the construction, repair, removal, or improvement to natural gas piping systems and tanks annexed to real property but does not include any person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any services or work performed pursuant to such a license.

           (28) "Master plumber license" means the license that may be granted to a natural person who possesses the necessary qualifications and knowledge to plan and lay out plumbing systems; and who supervises journeyman plumbers in the installation, alteration, or repair of plumbing systems.

           (29) "Master plumbing contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment regarding plumbing in any structure or setting, and is licensed by the board to do the same.

           (30) "Mechanical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor, or furnishing labor together with material and equipment, or installing the same for the construction, installation, maintenance, testing, and repair of air conditioning, refrigeration, heating systems, and plumbing for all residential, commercial, and industrial applications as well as ventilation systems, mechanical work controls, boilers and other pressure vessels, steam and hot water systems and piping, gas piping and fuel storage, and chilled water and condensing water systems and piping, including but not limited to any type of industrial process piping and related valves, fittings, and components, for which the project value is ten thousand dollars or more. A mechanical contractor who performs plumbing work for which the project value is ten thousand dollars or more shall possess a master plumber license issued by the State Licensing Board for Contractors. This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become a mechanical contractor.

           (31) "Mega project" means a commercial construction project for which the project value is five hundred million dollars or more, or a broadband project administered in accordance with the Broadband Equity, Access, and Deployment (BEAD) Program issued by the National Telecommunications and Information Administration of the United States Department of Commerce.

           (32) "Mobile home" means a factory-buil, residential dwelling unit built to voluntary standards prior to the passage of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq. "Mobile home" includes and is interchangeable with the term "house trailer", but does not include the term "manufactured home".

           (33) "Modular home" and "modular housing" mean a factory-built residential dwelling unit built to the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.

           (34) "Modular housing code" means the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.

           (35) "Mold remediation contractor" means any person who engages in removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter that was not purposely grown at that location for which the project value is seven thousand five hundred dollars or more. Mold remediation applies only to the regulation of mold-related activities that affect indoor air quality and does not apply to routine cleaning when not conducted for the purpose of mold-related activities intended to affect indoor air quality.

           (36) "Person" means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision.

           (37) "Plumber" means a natural person who performs the work or business of installing in buildings and on premises the pipes, fixtures, and other apparatus for supplying water, or removing liquid waste or water-borne waste, and fixtures, vessels and process piping that is in direct contact with products for human consumption.

           (38) "Plumbing contractor" means any person who installs, maintains, and repairs potable and nonpotable tap water or sewer systems for a building structure or residential structure, including service lines, for which the project value is ten thousand dollars or more.

           (39) "Principal" means an owner, shareholder, or an officer or director of a corporation; a member or manager of a limited liability company; a general partner of a partnership; a sole proprietor; a trustee; or a full-time employee with similar operational control or significant influence with respect to any person as determined by the board.

           (40) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the provisions of this Chapter including but not limited to meeting the requirements for the initial license and any continuation thereof.

           (41)(a) "Residential contractor" means any person who constructs a fixed building or structure for sale or use by another as a residence or who, for a price, commission, fee, wage, or other compensation, undertakes or offers to undertake the construction or superintending of the construction of any residential structure which is not more than three floors in height, to be used by another as a residence, for which the project value is fifty thousand dollars or more. The term "residential contractor" includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

           (b) "Residential contractor" includes both of the following:

           (i) Any person bidding or performing home improvement for which the project value is seven thousand five hundred dollars or more.

           (ii) Any person performing the installation of a modular home with a value equal to or greater than fifty thousand dollars for which the total project value shall not include the cost of the component parts of the modular home in the condition each part leaves the factory pursuant to R.S. 40:1730.71.

           (c) "Residential contractor" does not include any person engaged in building residential structures that are built to the United States Department of Housing and Urban Development's construction standards for manufactured housing as outlined at 42 U.S.C. 5401 et seq., or mounted on a metal chassis and wheels.

           (42) "Residential plumbing contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment regarding plumbing in any residential structure that is not more than three floors in height, to be used by another as a residence.

           (43) "Residential roofing" means the construction, alteration, repair, improvement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with materials or equipment, or the installation of materials or equipment for any phase of roofing specific to a residential structure for which the project value is seven thousand five hundred dollars or more. For the purposes of residential roofing only, any structure or building that is primarily used as a residence with no more than four separate dwellings incorporated into one structure shall be considered a residential roofing project and subject to the same licensure requirements.

           (44) "Residential roofing contractor" means any person who undertakes to, attempts to, or submits a price or bid, or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a residential roofing project for which the project value is seven thousand five hundred dollars or more.

           (45) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence. Such structures or buildings include but are not limited to single family dwellings and duplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence. A residential structure more than three floors in height may be built by a person holding a building construction and residential construction license.

           (46) "Residential subcommittee" means the Residential Contractors Subcommittee of the State Licensing Board for Contractors.

           (47) "Salesman" means any person employed by a factory-built housing dealer or factory-built housing developer for purposes of selling manufactured or modular housing to the public.

           (48) "Seal" or "label" means the permanently affixed device or insignia issued by the United States Department of Housing and Urban Development (HUD) or other authority having jurisdiction that is displayed on the exterior of a factory-built manufactured or modular home, certifying that the home is in compliance with the manufactured housing code or the modular housing code.

           (49) "Subcontract" means an agreement to perform a portion of the scope of work contained in the principal contract including the entire cost of labor and materials of that part of the principal contract which is performed by the subcontractor.

           (50)(a) "Subcontractor" means a person who contracts to perform a scope of work that is a part of the scope of work contained in the principal contract.

           (b) "Subcontractor" does not include any person, supplier, or manufacturer who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

           (51) "Transporter" means an individual who transports a manufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, however; a transporter is allowed to put blocks under the hitch on the tongue of the frame.

           (52) "Water well drilling" means drilling for the purposes of extracting ground water which includes but is not limited to the drilling, construction, maintenance, repair, abandoning, plugging, or sealing water wells for potable and nonpotable water.

           Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 638, §1, eff. Feb. 1, 1996; Acts 1997, No. 146, §1; Acts 1997, No. 770, §1; Acts 2003, No. 643, §1; Acts 2003, No. 1146, §2; Acts 2007, No. 398, §1, eff. August 15, 2007; Acts 2008, No. 725, §1, eff. Jan. 1, 2009; Acts 2019, No. 371, §1, eff. August 1, 2019; Acts 2022, No. 195, §1, eff. August 1, 2022; Acts 2024, No. 178, §1, eff. August 1, 2024;; Acts 2025, No. 422, §1, eff. August 1, 2025; Acts 2026, No. 481, §1, eff. July1, 2026; Acts 2026, No. 757, §1, eff. January 1, 2027; Acts 2026, No. 765, §1, eff. January 1, 2027; Acts 2026, No. 908, §1, eff. January 1, 2027.