Title 54.1, Title 54.1. Professions and Occupations

A. The certification program for wetland delineation set forth in this chapter shall be voluntary and shall not be construed to prohibit: 1. The practice of wetland delineation by individuals who are not certified professional wetland delineators as defined in this chapter; 2. Th…

A. Any person practicing or offering to practice as a wetland professional in the Commonwealth may submit to the Board evidence of qualification to be a certified professional wetland delineator as provided in this chapter. The Board may certify any applicant who has satisfactori…

A. No person shall engage in, or offer to engage in, the practice of soil evaluation in the Commonwealth unless he has been licensed under the provisions of this chapter. B. In order to be licensed as a professional soil scientist, an applicant shall: 1. Submit satisfactory evide…

A. The Board may waive the requirement for examination pursuant to § 54.1-2205 upon written application from an individual who holds an unexpired certificate or license, or its equivalent, issued by a regulatory body of another state, territory or possession of the United States …

The Board may certify any applicant as a Virginia certified professional wetland delineator who has submitted satisfactory evidence verified by affidavits that the applicant: 1. Is eighteen years of age or older; 2. Is of good moral character; and 3. Has successfully completed su…

In order to be certified as a professional wetland delineator, an applicant shall achieve a score acceptable to the Board on an examination, which may include a field practicum, in the principles and practice of wetland delineation, provide three written references from wetland p…

Any professional soil scientist who is licensed or any wetland delineator who is certified, as provided in this chapter, shall be considered guilty of unprofessional conduct and subject to disciplinary action by the Board, if he: 1. Obtains his certification or license through fr…

A. No person shall represent himself as a licensed professional soil scientist unless he has been so licensed by the Board. Any person practicing or offering to practice soil evaluation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhe…

A. The licensing of professional geologists as set forth in this article shall serve any or all of the following purposes: 1. The maintenance of educational, experiential, and ethical standards in the practice of geology; 2. The maintenance of standards of objectivity, truthfulne…

A. Any person practicing or offering to practice as a professional geologist or in a geological specialty in this Commonwealth may submit reasonable evidence to the Board that he is qualified to practice and to be licensed as provided in this article. The Board shall approve the …

The Board may waive the examination requirement for licensure as a professional geologist for an applicant who (i) otherwise meets the requirements of this article; (ii) submits a written application to the Board; and (iii) holds an unexpired certificate of registration, certific…

A. The Board, in coordination with an ad hoc panel of licensed professional geologists convened by the Board and representing various geological interests in Virginia, shall have prepared and adopted a Code of Professional Ethics and Conduct that shall be published and made known…

A. The Board shall promulgate regulations governing continuing education requirements for geologists licensed by the Board. Such regulations shall require the completion of eight hours annually in continuing education for any license renewal or reinstatement. Except as provided i…

As used in this chapter, unless the context requires a different meaning: "Board" means the Board for Waste Management Facility Operators. "Person" means an individual, corporation, partnership, association, governmental body, municipal corporation or any other legal entity. "Was…

The Board for Waste Management Facility Operators shall consist of seven members appointed by the Governor as follows: a representative from the Department of Environmental Quality, a representative from a local government that owns a sanitary landfill, a representative from a lo…

A. The Board shall promulgate regulations and standards for the training and licensing of waste management facility operators. The Board may establish classes of training and licensing based upon the type of waste management facility for which a waste management facility operator…

Effective January 1, 1993, no person shall be a waste management facility operator or represent himself as a waste management facility operator without a license from the Board.

As used in this chapter, unless the context requires a different meaning: "Association" includes condominium, cooperative, or property owners' associations. "Board" means the Common Interest Community Board. "Common interest community" means real estate subject to a declaration c…

A. An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance, or improvements of real estate, or other activities specified in their arrangement or declarations does not c…

A. Unless exempted by § 54.1-2347, any person, partnership, corporation, or other entity offering management services to a common interest community on or after January 1, 2009, shall hold a valid license issued in accordance with the provisions of this article prior to engaging …

A. The provisions of this article shall not be construed to prevent or prohibit: 1. An employee of a duly licensed common interest community manager from providing management services within the scope of the employee's employment by the duly licensed common interest community man…

There is hereby created the Common Interest Community Board (the Board) as a policy board, within the meaning of § 2.2-2100, in the executive branch of state government. Members of the Board shall be appointed by the Governor and consist of 11 members as follows: three shall be r…

A. The Board shall administer and enforce the provisions of this article. In addition to the provisions of §§ 54.1-201 and 54.1-202, the Board shall: 1. Promulgate regulations necessary to carry out the requirements of this article in accordance with the provisions of the Adminis…

In addition to the provisions of § 54.1-2349, the Board shall: 1. Administer the provisions of Article 2 (§ 54.1-2354.1 et seq.); 2. Develop and disseminate an association annual report form for use in accordance with §§ 55.1-1835, 55.1-1980, and 55.1-2182; and 3. Develop and dis…

A. The Board may adopt, amend, and repeal rules and regulations and issue orders consistent with and in furtherance of the objectives of this article, but the Board may not intervene in the internal activities of an association except to the extent necessary to prevent or cure vi…

A. The Board may issue an order requiring the governing board of the association to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the Board will carry out the purposes of this article, if the Board determines after notice an…

A. A common interest community manager owes a fiduciary duty to the associations to which it provides management services with respect to the manager's handling the funds or the records of each association. All funds deposited with the common interest community manager shall be h…

Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. All management agreements entered into by common interest community managers shall comply with the terms of this articl…

As used in this article, unless the context requires a different meaning: "Balance of the fund" means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of § 2.2-4519, and repurchase agreements secured by obligations of …

A. There is hereby created the Common Interest Community Management Information Fund, referred to in this section as "the Fund," to be used in the discretion of the Board to promote the improvement and more efficient operation of common interest communities through research and e…

A. The Director in accordance with § 54.1-303 shall appoint a Common Interest Community Ombudsman (the Ombudsman) and shall establish the Office of the Common Interest Community Ombudsman (the Office). The Ombudsman shall be a member in good standing in the Virginia State Bar. Al…

A. The Board shall establish by regulation a requirement that each association shall establish reasonable procedures for the resolution of written complaints from the members of the association and other citizens. Each association shall adhere to the written procedures establishe…

A. There is hereby created the Common Interest Community Management Recovery Fund, referred to in this section as "the Fund," to be used in the discretion of the Board to protect the interests of associations. B. Each common interest community manager, at the time of initial appl…

As used in this chapter, unless the context requires a different meaning: "Board" means the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. "Onsite sewage system" means a conventional onsite sewage system or alternative onsite sewage sy…

A. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall consist of 11 members as follows: the Director of the Office of Water Programs of the State Department of Health, or his designee, the Executive Director of the State Water Con…

No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license.

As used in this chapter, unless the context requires a different meaning: "Advertisement" means any information disseminated or placed before the public. "At-need" means at the time of death or while death is imminent. "Board" means the Cemetery Board. "Cemetery" means any land o…

No person shall engage in the business of a cemetery company in the Commonwealth without first being licensed by the Board. The cemetery company shall renew its license as required by the Board. Such license and such renewal of license shall (i) be on forms prescribed by the Boar…

A. The provisions of this chapter shall not apply to cemeteries wholly owned and operated by the state or a county, city, or town; a church; or a nonstock corporation not operated for profit if the corporation (i) does not compensate any officer or director except for reimburseme…

A. A cemetery company may have a section in the cemetery devoted to the interment of human remains and the pets of such deceased humans, provided: 1. The section of the cemetery property dedicated for this purpose is segregated entirely from the remainder of the cemetery devoted …

A. No person shall participate as a seller in more than four consummated resale transactions in any calendar year except as authorized by this section or § 54.1-2312.2. B. Unless exempted by subsection A, no resale transaction shall be valid unless: 1. The resale is at-need; 2. T…

A. In addition to the provisions of § 54.1-2312.1, a church or religious organization may proceed with a resale transaction of an interment right if (i) the church or religious organization is exempt from income tax under Title 58.1 or from taxation pursuant to § 501(c)(3) of the…

A. The Cemetery Board shall consist of seven members to be appointed by the Governor as follows: four cemetery operators who have operated a cemetery in the Commonwealth for at least five consecutive years immediately prior to appointment, no more than two of whom shall be affili…

No licensee or any agent of the licensee shall divert or misuse any funds held in trust or otherwise held by him for another. If preneed or perpetual care funds are held in trust and the Board or its agents have reason to believe that (i) the licensee is not able to adequately pr…

In addition to the applicable provisions of §§ 54.1-201 and 54.1-202, the Board may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or …

The following acts shall be prohibited: 1. Employment directly or indirectly of any sales representative, agent, employee or other person, on a part-time or full-time basis, or on a commission, for the purpose of calling upon individuals or institutions by whose influence dead hu…