Tenn. Comp. R. & Regs. 0800-02-32-.02 - DEFINITIONS

The following terms shall have the respective meanings provided in this rule.

(1) "Active and in good standing as reflected in the records of the secretary of state" means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of state; and in the case of a corporation, limited liability company, limited liability partnership, or limited partnership, such entity is in good standing with the Tennessee Department of Revenue.

(2) "Board" means the state board for licensing contractors.

(3) "Bureau" means the Tennessee Bureau of Workers' Compensation of the Department of Labor and Workforce Development.

(4) "Commercial construction project" means any construction project that is not:

(a) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three stories in height or accessory use structures in connection with the residences;

(b) The construction, erection, remodeling, repair, improvement, alteration or demolition of any building or structure for use and occupancy by the general public which, pursuant to T.C.A. § 62-6-112(f)(2), a small commercial building contractor is authorized to bid on and contract for; or

(c) Performed by any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service, telecommunications service, cable service, or internet service or any combination thereof, for sale to consumers in any particular service area.

(5) "Construction project" means the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking; provided that if a general contractor contracts to erect, remodel, repair, improve, alter or demolish multiple buildings, structures or undertakings in one (1) contract, all such buildings, structures or undertakings described in such contract shall constitute one (1) construction project.

(6) "Construction services provider" or "provider" means any person or entity engaged in the construction industry.

(7) "Corporate officer" or "officer of a corporation" means any person who fills an office provided for in the corporate charter or articles of incorporation of a corporation that in the case of a domestic corporation is formed under the laws of this state pursuant to T.C.A. Title 48, Chapters 11-68, or in the case of a foreign corporation is authorized to transact business in this state pursuant to T.C.A. Title 48, Chapters 11-68; provided that a domestic or foreign corporation is active and in good standing as reflected in the records of the secretary of state.

(8) "Direct labor" means the performance of any activity that would be assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in T.C.A. § 56-5-120, but does not include:

(a) Classification code 5604, or any subsequent classification code, for construction executives, supervisors, or foremen that are responsible only for the oversight of laborers; or

(b) Classification code 5606, or any subsequent classification code, for project managers, construction executives, construction managers and construction superintendents having only administrative or managerial responsibilities for construction projects by exercising operational control indirectly through job supervisors or foremen.

(9) "Engaged in the construction industry" means any person or entity assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in T.C.A. § 56-5-120; provided, where more than one (1) classification applies, the governing classification, as that term is defined by the rate service organization designated by the commissioner of commerce and insurance as provided in T.C.A. § 56-5-120, shall be used to determine whether the person or entity is engaged in the construction industry.

(10) "Family-owned business" means a business entity in which members of the same family of the applicant have an aggregate of at least ninety-five percent (95%) ownership of such business.

(11) "File" means to successfully submit information in the manner required by Bureau Rules. Success is achieved when information is filed in the manner required by the Bureau Rules and its acceptance is acknowledged by the Bureau. Success is not achieved if the Bureau receives and its acceptance is not acknowledged by the Bureau or if the Bureau subsequently rejects or returns information that has been submitted but is incomplete or fails to use the correct form or formats.

(12) "Filing office" means the Nashville office of the Bureau of Workers' Compensation located on floor 1B at 220 French Landing Drive, Nashville, TN 37243-1002.

(13) "General contractor" means the person or entity responsible to the owner or developer for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking and who contracts directly with the owner or developer of the building, structure or other undertaking; "general contractor" includes a prime contractor.

(14) "Good standing with the Tennessee Department of Revenue" means the Bureau of Workers' Compensation and secretary of state have received and verified through electronic confirmation or a certificate of tax clearance issued by the commissioner of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner.

(15) "Member of a limited liability company" means any member of a limited liability company formed pursuant to T.C.A. Title 48, Chapters 201-249 that is active and in good standing as reflected in the records of the secretary of state.

(16) "Members of the same family of the applicant" means parents, children, siblings, grandparents, grandchildren, stepparents, stepchildren, stepsiblings, or spouses of such, and includes adoptive relationships.

(17) "Partner" means any person who is a member of an association that is formed by two (2) or more persons to carry on as co-owners of a business or other undertaking for profit and such association is active and in good standing as reflected in the records of the secretary of state.

(18) "Person" means only a natural person and does not include a business entity.

(19) "Registry" means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the Bureau of Workers' Compensation.

(20) "Sole proprietor" means one (1) person who owns a form of business in which that person owns all the assets of such business.

Notes

Tenn. Comp. R. & Regs. 0800-02-32-.02

New rules filed September 23, 2021; effective 1/1/2022.

Authority: T.C.A. §§ 50-6-233, 50-6-412, 50-6-901, 50-6-902, 50-6-903, 50-6-904, 50-6-905, 50-6-906, 50-6-907, 50-6-908, 50-6-909, 50-6-910, 50-6-911, 50-6-912, 50-6-913, 50-6-914, 50-6-915, 50-6-920, and 50-6-921 and Tenn. Pub. Acts Ch. 88 (2021).