2005 Idaho Code - 54-5205 — EXEMPTIONS FROM REGISTRATION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 52
                      IDAHO CONTRACTOR REGISTRATION ACT
    54-5205.  EXEMPTIONS FROM REGISTRATION. (1) Nothing in this chapter shall
be construed to restrict any person licensed, registered, or otherwise
regulated by the state of Idaho from engaging in the profession or practice
for which they are licensed, registered or otherwise regulated by the state of
Idaho including, but not limited to, persons licensed pursuant to chapters 3,
10, 12, 19, 26, 45 and 50, title 54, Idaho Code, nor shall this chapter
require such persons otherwise licensed, registered or regulated to obtain
such registration as required by this chapter, so long as such person is not
acting with the intent to evade this chapter. No such person exempt hereunder
may hold himself out as a registered contractor.
    (2)  In addition to the exemption set forth in section [subsection] (1) of
this section, registration as provided for in this chapter shall not be
required for the following, so long as such person is not acting with the
intent to evade this chapter and so long as such person does not hold himself
out as a registered contractor:
    (a)  A person who only performs labor or services for wages or a salary as
    an employee of a contractor, or as an employee of a person otherwise
    exempt by the provisions set forth in this chapter, or strictly as a
    volunteer or as part of a bona fide educational curriculum or nonprofit
    charitable activity for which no wages or salary shall be paid; provided
    however, that such exemption shall not apply to any subcontractor or other
    independent contractor who is not otherwise exempt;
    (b)  An authorized representative of the United States government, the
    state of Idaho, or any incorporated municipality, county, alternative form
    of local government,  highway district, reclamation district, or other
    municipal or political corporation or subdivision of this state;
    (c)  A public utility operating under the regulation of the Idaho public
    utility commission as set forth in title 61, Idaho Code, in the
    construction, maintenance, or development work incidental to its own
    business;
    (d)  A person who performs repair or operation incidental to the discovery
    or production of oil, gas or minerals or incidental to the drilling,
    testing, abandoning, or other operation of an oil or gas well or a surface
    or underground mine or mineral deposit;
    (e)  A person who only furnishes materials, supplies or equipment without
    that person installing or fabricating them into or consuming them in the
    performance of the work of the construction contractor;
    (f)  A person performing work on one (1) undertaking or project considered
    casual, minor, or inconsequential, whether by one (1) or more contracts,
    the aggregate contract price of which, for labor and materials and all
    other items, is less than two thousand dollars ($2,000). The exemptions
    prescribed in this paragraph (f) shall not apply when the work or
    construction is part of a larger construction project, whether undertaken
    by the same or a different construction contractor, or in which a division
    of the operation is made into contracts of amounts of less than two
    thousand dollars ($2,000) for the purpose of evasion of this chapter or
    otherwise;
    (g)  A farmer or rancher while engaged in a farming, dairying,
    agriculture, viticulture, horticulture, or stock or poultry operation;
    (h)  A person who engages in the construction of an agriculture building
    which is exempt from the Idaho building code act as set forth in section
    39-4116, Idaho Code;
    (i)  An irrigation district, canal company, reservoir district, ground
    water district, water district, water measurement district, recharge
    district, flood control district, drainage district, or other water
    delivery or water management entity, or an operating agent of irrigation
    districts whose board consists of directors of its member districts;
    (j)  An operation related to clearing or other work upon land in rural
    districts for fire prevention purposes;
    (k)  An owner who contracts for work to be performed by a registered
    contractor on his own property, provided however, this exemption shall not
    apply to an owner who, with the intent to evade this chapter, constructs a
    building, residence or other improvement on the owner's property with the
    intention and for the purpose of selling the improved property at any time
    during the construction or within twelve (12) months of completion of such
    construction;
    (l)  An owner performing construction on the owner's personal residential
    real property, whether or not occupied by the owner, provided however,
    this exemption shall not apply to an owner who is otherwise regulated by
    this chapter who constructs a building, residence or other improvement on
    the owner's property with the intention and for the purpose of promptly
    selling the improved property, unless the owner has continuously occupied
    the property as the owner's primary residence for not less than twelve
    (12) months prior to the sale of such property;
    (m)  Owners of commercial properties, or lessees of commercial properties
    with the consent of the owner, who, whether themselves or with their own
    employees, perform maintenance, repair, alteration or construction work in
    or upon the properties;
    (n)  A real estate licensee acting within the scope of his license
    pursuant to chapter 20, title 54, Idaho Code, who, incident to a regulated
    real estate transaction, assists his clients in scheduling or performing
    nominal maintenance and repairs upon such properties being transferred;
    provided however, nothing in this section shall otherwise authorize a real
    estate licensee or a property manager to act in the capacity of a
    contractor unless registered with the board;
    (o)  A contractor engaged in the logging industry who builds forest access
    roads for the purpose of harvesting and transporting logs from forest to
    mill;
    (p)  A person working on the person's own residence, if the residence is
    owned by a person other than the resident;
    (q)  A person who engages in the construction of building to be used
    primarily for industrial chemical process purposes as set forth in section
    39-4103, Idaho Code; or
    (r)  A person who engages in the construction of a modular building as
    defined in section 39-4105(12), Idaho Code, that is constructed in the
    state of Idaho for installation on a building site outside the state.