As used in this part:

1. (1) “Ownership” means sole and exclusive right to sell or convey property when the terms his own or its own property is used in the residential builder licensing law;

2. (2)

   1. (A) “Qualifying party” means a person who has passed the appropriate examination or is the experience qualifier for the licensee.

   2. (B) To act as a "qualifying party" a person must be either:

      1. (i) A sole owner;
      2. (ii) A partner of the partnership;
      3. (iii) An officer of the corporation who is actively engaged in the day-to-day activities of the company;
      4. (iv) A member of the limited liability company who is actively engaged in the day-to-day activities of the company;
      5. (v) A partner of the limited liability partnership who is actively engaged in the day-to-day activities of the company; or
      6. (vi) A full time employee;

3. (3)

   1. (A)

      1. (i) “Full-time employee” means a person who is an actual employee of the business, not an independent contractor.

      2. (ii) The person must:

         1. (a) (a) Work, on average, thirty (30) or more hours a week for the business (one thousand five hundred (1,500) hours per year); and
         2. (b) (b) Not be paid as an independent contractor (not receive a "1099" for his or her earnings but receive a "W-2" for his or her earnings).
      3. (iii) A full-time employee is not someone who is hired "job to job" as needed.

   2. (B) Other factors to be considered in making this determination include, but are not limited to:

      1. (i) Whether the business pays for worker’s compensation insurance on the individual;
      2. (ii) Whether the business pays payroll taxes on the individual;
      3. (iii) The amount of control the business has over the activities of the individual;
      4. (iv) The ownership of the tools used by the individual; and
      5. (v) Whether the individual maintains his or her own business separate from the business in question;

4. (4) “Residential remodeling” means any construction on a single-family residence involving:

   1. (A) Structural changes;
   2. (B) Improvements;
   3. (C) Repairs; or
   4. (D) Additions;

5. (5) “Residential building contractor”, as found in Arkansas Code § 17-25-502(2), does not include a developer who has constructed a residential project, if the developer:

   1. (A) Contracts with a properly licensed contractor to perform a turnkey project; and
   2. (B) The licensed contractor gives a written warranty at closing of not less than one (1) year to the buyer of the residence; and
6. (6) “Own residence”, as found in Arkansas Code § 17-25-509(c) and § 17-25-513, means the personal residence, the principal place of abode, the domicile, or a residence constructed for the occupancy of the person who owns the property.