The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Contractor" includes any person, firm, corporation, or
other entity who or which, in the pursuit of an independent
business undertakes to, or offers to undertake, or submits a bid
to, construct, alter, repair, add to, subtract from, improve,
develop, move, wreck, or demolish any building, highway, road,
railroad, excavation or other structure, project, development, or
improvement attached to real estate or to do any part thereof
including the installation of carpeting or other floor covering,
the erection of scaffolding or other structures or works in
connection therewith, the installation or repair of roofing or
siding, performing tree removal services, or cabinet or similar
installation; or, who, to do similar work upon his or her own
property, employs members of more than one trade upon a single
job or project or under a single building permit except as
otherwise provided in this chapter. "Contractor" also includes a
consultant acting as a general contractor. "Contractor" also
includes any person, firm, corporation, or other entity covered
by this subsection, whether or not registered as required under
this chapter or who are otherwise required to be registered or
licensed by law, who offer to sell their property without
occupying or using the structures, projects, developments, or
improvements for more than one year from the date the structure,
project, development, or improvement was substantially completed
or abandoned.
(2) "Department" means the department of labor and
industries.
(3) "Director" means the director of the department of labor
and industries or designated representative employed by the
department.
(4) "Filing" means delivery of a document that is required
to be filed with an agency to a place designated by the agency.
(5) "General contractor" means a contractor whose business
operations require the use of more than one building trade or
craft upon a single job or project or under a single building
permit. A general contractor also includes one who superintends,
or consults on, in whole or in part, work falling within the
definition of a contractor.
(6) "Notice of infraction" means a form used by the
department to notify contractors that an infraction under this
chapter has been filed against them.
(7) "Partnership" means a business formed under Title 25
RCW.
(8) "Registration cancellation" means a written notice from
the department that a contractor's action is in violation of this
chapter and that the contractor's registration has been revoked.
(9) "Registration suspension" means either an automatic
suspension as provided in this chapter, or a written notice from
the department that a contractor's action is a violation of this
chapter and that the contractor's registration has been suspended
for a specified time, or until the contractor shows evidence of
compliance with this chapter.
(10) "Residential homeowner" means an individual person or
persons owning or leasing real property:
(a) Upon which one single-family residence is to be built
and in which the owner or lessee intends to reside upon
completion of any construction; or
(b) Upon which there is a single-family residence to which
improvements are to be made and in which the owner or lessee
intends to reside upon completion of any construction.
(11) "Service," except as otherwise provided in RCW 18.27.225 and 18.27.370, means posting in the United States mail,
properly addressed, postage prepaid, return receipt requested, or
personal service. Service by mail is complete upon deposit in
the United States mail to the last known address provided to the
department.
(12) "Specialty contractor" means a contractor whose
operations do not fall within the definition of "general
contractor". A specialty contractor may only subcontract work
that is incidental to the specialty contractor's work.
(13) "Substantial completion" means the same as "substantial
completion of construction" in RCW 4.16.310.
(14) "Unregistered contractor" means a person, firm,
corporation, or other entity doing work as a contractor without
being registered in compliance with this chapter. "Unregistered
contractor" includes contractors whose registration is expired,
revoked, or suspended. "Unregistered contractor" does not
include a contractor who has maintained a valid bond and the
insurance or assigned account required by RCW 18.27.050, and
whose registration has lapsed for thirty or fewer days.
(15) "Unsatisfied final judgment" means a judgment or final
tax warrant that has not been satisfied either through payment,
court approved settlement, discharge in bankruptcy, or assignment
under RCW 19.72.070.
(16) "Verification" means the receipt and duplication by the
city, town, or county of a contractor registration card that is
current on its face, checking the department's contractor
registration database, or calling the department to confirm that
the contractor is registered.
[2007 c 436 § 1; 2001 c 159 § 1; 1997 c 314 § 2; 1993 c 454 § 2; 1973 1st ex.s. c 153 § 1; 1972 ex.s. c 118 § 1; 1967 c 126 § 5; 1963 c 77 § 1.]
NOTES:
Finding -- 1993 c 454: "The legislature finds that unregistered contractors are a serious threat to the general public and are costing the state millions of dollars each year in lost revenue. To assist in solving this problem, the department of labor and industries and the department of revenue should coordinate and communicate with each other to identify unregistered contractors." [1993 c 454 § 1.]
Effective date -- 1963 c 77: "This act shall take effect August 1, 1963." [1963 c 77 § 12.]