Arkansas Demolition Licensing Law

Arkansas Code · 5 sections

The following is the full text of Arkansas’s demolition licensing law statutes as published in the Arkansas Code. For the official version, see the Arkansas Legislature.

Ark. Code Ann. § 17-25-101

(a) (1) As used in this chapter, "contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more. (2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter. (b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter. (c) It is the intention of this definition to include all improvements, demolition, or structures, excepting only single-family residences. (d) (1) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. (2) Materials purchased by a person or an entity acting as a contractor in the construction, erection, alteration, or repair of his or her own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, concrete labor, or installation of playground equipment. (e) "Owner" means a person who owns property or is a lessee of property. (f) "Person" means any natural person, limited or general partnership, corporation, association, limited liability company, trust or other legal entity, and any organization capable of conducting business, or any combination thereof. (g) "Prime contractor" means a contractor who contracts directly with the owner of property. (h) "Subcontractor" means a person who contracts directly with a prime contractor or another subcontractor. Amended by Act 2019, No. 805,§ 1A, eff. 7/1/2020. Amended by Act 2019, No. 386,§ 12, eff. 7/24/2019. Amended by Act 2015, No. 1048,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 858,§ 1, eff. 7/22/2015. Acts 1965, No. 150, § 1; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; 1985, No. 180, § 1; A.S.A. 1947, § 71-701; Acts 1987, No. 495, § 1; 1989, No. 26, § 1; 1995, No. 553, § 1; 1999, No. 1358, § 1; 2007, No. 275, § 1. Next

Ark. Code Ann. § 17-25-103

(a) (1) It is a violation of this chapter for any contractor to knowingly do any of the following: (A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (B) Present or file the license or registration certificate of another; (C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration; (D) Impersonate another; or (E) Use an expired or revoked certificate of license or registration. (2) A violation under subdivision (a)(1) of this section is a Class A misdemeanor, with each day of activity constituting a separate offense. (b) The doing of any act or thing herein prohibited by any applicant, licensee, or registrant shall, in the discretion of the board, constitute sufficient grounds to refuse a license or registration to an applicant or to revoke the license of a licensee or the registration of a registrant. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e) (1) (A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. (2) The board shall have the power to withhold approval for up to six (6) months of any application from any person who, before approval of the application, has been found in violation of this chapter. (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) No proceedings under this chapter may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (5) The board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of this chapter. (6) (A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. (B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. (C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter. Amended by Act 2019, No. 805,§ 4, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 3, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 2, eff. 7/22/2015. Acts 1965, No. 150, § 14; 1985, No. 180, § 4; A.S.A. 1947, § 71-713; Acts 1987, No. 495, § 3; 1989, No. 795, § 2; 1999, No. 43, § 1; 2007, No. 275, § 2.

Ark. Code Ann. § 17-25-401

(a) (1) As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) As used in this subchapter, "contractor" includes: (A) All original, prime, and general contractors; and (B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq. (b) However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than fifty thousand dollars ($50,000), the person or entity shall not be deemed a contractor under this chapter. Amended by Act 2019, No. 805,§ 19, eff. 7/1/2020. Amended by Act 2017, No. 252,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1048,§ 4, eff. 7/22/2015. Acts 1987, No. 162, § 1; 1989, No. 487, § 1; 1991, No. 783, § 1. Next

Ark. Code Ann. § 17-25-502

Next As used in this subchapter: (1) "Home improvement contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination that attempts to or submits a bid or contracts, undertakes, or assumes charge in a supervisory capacity or otherwise manages the reconstruction, alteration, renovation, repair, modification, improvement, removal, demolition, or addition to any preexisting single family residence or the property and structures appurtenant thereto; (2) "Residential building contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination, which for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct or contract or undertakes to construct or assumes charge in a supervisory capacity or otherwise manages the construction of a single family residence or the property and structures appurtenant thereto; and (3) "Single family residence" means any project consisting of at least one (1) but not more than four (4) units of new construction for residential occupancy. Amended by Act 2019, No. 386,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 13, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 4, eff. 8/1/2017. Acts 1999, No. 950, § 1; 2011, No. 1208, § 2. Previous Next

Ark. Code Ann. § 17-25-601

As used in this subchapter: (1) "Home improvement contractor" means a home improvement contractor licensed under § 17-25-501 et seq.; (2) "Nonresident roofing contractor" means a roofing contractor that: (A) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year; (B) Claims residency in another state; or (C) Has not submitted an income tax return as a resident of this state within the preceding year; (3) "Residential building contractor" means a residential building contractor licensed under § 17-25-501 et seq.; and (4) (A) "Roofing contractor" means a person, including a subcontractor or nonresident roofing contractor, that in the ordinary course of business: (i) Engages in the business of residential roofing services for a fee; or (ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing. (B) "Roofing contractor" does not include a person that is: (i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; (ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or (iii) Exempt from the requirements of this subchapter. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Next

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