31.0190 Exceptions to chapter.

Cite as [A.S.A.C. § 31.0190]

This chapter shall not apply to:

(1) An officer or employee of the United States, the state, or any political subdivision if the project or operation is performed by employees thereof;

(2) Any person acting as a receiver. trustee in bankruptcy, personal representative, or any other person acting under any or authorization of any court;

(3) A person who sells or installs any finished products, materials, or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;

(4) Officers of a court acting in their official capacity;

(5) Regulated public utilities performing construction work incidental to their business;

(6) Any project or operation for which the aggregate contract price for labor, materials, and all other items is less than $100. This exemption shall not apply in any case wherein the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts less than $100 for the purpose of evading this chapter or otherwise;

(7) A registered architect or professional engineer acting solely in his professional capacity;

(8) Any person who engages in the activities herein regulated as an employee with wages as his sole compensation;

(9) Owners or lessees of property who build or improve residential, farm, industrial or commercial building or structures on such property for their own use, or for use by them and the work is perforn1ed by the owner and/or grandparents, parents, siblings, or children and do not offer such buildings or structures for sale or lease. In all actions brought under this paragraph, proof of the sale or lease, or offering for sale or lease, of such structure within one year after completion is prima facie evidence that the construction or improvement of such structure was undertaken for the purpose of sale or lease; provided, however, that this shall not apply to residential properties sold or leased to employees of the owner or lessee;

(10) Any copartnership or joint venture if all members thereof hold licenses issued under this chapter.

History: Rule 12-84. eff 25 Dec 84. § 3.