D.C. Mun. Regs. tit. 17, r. 17-210

Current through Register Vol. 71, No. 39, September 27, 2024
Rule 17-210 - BONDING OF LICENSEES
210.1

Each licensed master electrician or master electrician specialist designated by a contractor as that contractor's authorized master electrician or master electrician specialist shall file a bond as provided in this section, except contractors who conduct their own business and designate only themselves as responsible for their work.

210.2

Applicants for a business license shall file a bond in connection with the license, as provided in this section.

210.3

Each required bond will be forwarded to the Mayor for approval, who in turn will notify the Director when each bond is accepted.

210.4

Upon notice of the approval of the bond by the Mayor, the applicant shall register with the Director, stating the applicant's full name, residence, and place of business. The applicant shall make any cash deposit with the District that is required by any regulation.

210.5

The bond required under this section shall be conditioned upon the performance in accordance with law and regulations in force in the District of all licensed work undertaken by the person, firm, or corporation, and to keep the District of Columbia harmless from the consequences of any and all acts performed by that person, firm, or corporation in connection with the business during the period covered by the the bond.

210.6

The Director shall furnish to anyone applying for it a certified copy of any bond filed under this section upon payment of a fee of five dollars ($5). The certified copy shall be prima facie evidence in any court that the bond was duly executed and delivered by the person, firm, or corporation whose name appears on the bond.

210.7

The required bond shall be executed in accordance with the following form:

KNOW ALL MEN BY THESE PRESENTS

That we, _____ as principal and______ as sureties, are held and firmly bound unto the District of Columbia and to any person who may be aggrieved by a violation by the principal of any law or regulation in force in the District of Columbia relating to the electrical business in the full and just sum of_____ dollars ($_____) lawful money of the United States of America, for which payment, well and truly to be made, we bind ourselves, jointly and severally, our joint and several heirs, executors, administrators, successors, and assigns firmly by these presents.

Signed with our hands and sealed with our seals this ______ day of ______, 19_______.

WHEREAS, The above bound ______ desires to engage in and practice the business of a master electrician, master electrician specialist, or electrical contracting in the District of Columbia, pursuant to the requirements of the Act of Congress approved December 20, 1944, 58 Stat. 819, and the electrical bonding and licensing regulations of the District of Columbia (Title 17 DCMR chapter 2) adopted by the Mayor of the District of Columbia in accordance with the laws of the District of Columbia relating to the electrical business.

NOW, THEREFORE, the conditions of the above obligations are such that ifshall well and truly observe and strictly and faithfully comply with the electrical bonding and licensing regulations of the District, including any amendments which may be hereafter made, and with all rules, regulations, and orders of the Mayor of the District, and all laws of the District relating to the electrical work placed in, upon, or leading to or from any building or structure in the District, and shall save and keep harmless the District of Columbia and any person who may be aggrieved by the violation of the laws or regulations in force in the District of Columbia applicable to the performance of work aforesaid by the principal hereto from the consequence of any and all acts done by ______ in the execution and practice of his or her business as electrical contractor aforesaid, then this obligation to be void; otherwise to remain in full force and effect for five (5) years from the date hereof.

210.8

Persons engaged in any business required under this chapter to be bonded shall furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to § 3 of the Act of August 13, 1894 (28 Stat. 279), as amended ( 6 U.S.C. §8), and by the D.C. Insurance Administration to do business in the District, in the amount specified in this chapter, conditioned upon the performance in accordance with laws and regulations in force in the District of all licensed work undertaken by that person, firm, or corporation, and to keep the District harmless from the consequences of any and all acts performed by that person, firm, or corporation in connection with the business during the period covered by the bond.

210.9

The surety on any bond may terminate its liability under the bond by giving thirty (30) days written notice of termination, served either personally or by registered mail, to the principal and to the Director.

210.10

Upon giving notice under § 210.8, the surety shall be discharged from all liability under the bond for any act or omission of the principal occurring after the expiration of thirty (30) days from the date of service of the notice.

210.11

Unless, on or before the expiration of the notice period, the principal files a new bond in like amount and conditioned as the original in substitution of the bond terminated under § 210.9, the license of the principal to engage in the licensed business shall likewise terminate upon the expiration of the notice period.

210.12

If a surety becomes insolvent or bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to § 3 of the Act of August 13, 1894 (28 Stat. 279), as amended ( 6 U.S.C. §8), or by the D.C. Insurance Administration to do business in the District, the principal shall, within ten (10) days after notice of this event given by the Director, file a new bond in like amount and conditioned as the original. If the principal fails to do so, the license of the principal shall terminate.

210.13

Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to the licensed business shall have, in addition to a right of action against the person, firm, or corporation, a right to bring suit against the surety on the bond, either alone or jointly with the principal, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to that business; Provided, that nothing in this section shall be construed to impose upon the surety on any bond a greater liability than the total amount of the bond, or the amount remaining unextinguished by any prior recovery or recoveries, as the case may be.

210.14

If a recovery is had on any bond, the principal shall restore the bond to its original amount.

210.15

Upon making any payment on account of its bond, the surety shall immediately notify the Mayor.

210.16

The amount of the bond required for each business, trade, or occupation under this section shall be the following:

Business, Trade, or Occupation

Bond Required

Electrical Contractor

$4,000

Electrical Fixture Contractor

$1,000

Master Electrician

$2,000

Master Electrician Specialist

$1,000

Special Contractor

$2,000

210.17

The bond for master electricians or master electrician specialists shall be required of all master electricians or master electrician specialists designated by a contractor as the authorized master electrician or master electrician specialist.

210.18

No bond shall be required of any applicant for a license who is employed only in the service of the government of the District of Columbia and whose name appears on the regular payroll of the District; Provided, that the person carries on no work or business as authorized by the license other than for the District.

D.C. Mun. Regs. tit. 17, r. 17-210

5J DCRR §§ 434, 435, 436, 437, 701, 702, 703, 710, 711, 712, 713 and 723