As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 434 5
1999-2000 6
REPRESENTATIVES BUEHRER-CATES-HOOPS-MOTTLEY-NETZLEY-OLMAN- 7
TRAKAS 8
_________________________________________________________________ 10
A B I L L
To amend sections 715.27, 3781.102, 4740.01 to 12
4740.10, and 4740.12, to enact section 4740.051, 13
and to repeal sections 4740.13 and 4740.99 of the 14
Revised Code to require statewide certification 15
of specified contractors and make additional
modifications to the Construction Industry 16
Certification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 715.27, 3781.102, 4740.01, 20
4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 21
4740.09, 4740.10, and 4740.12 be amended and section 4740.051 of 22
the Revised Code be enacted to read as follows: 23
Sec. 715.27. (A) Any municipal corporation may: 33
(1) Regulate the erection of fences, billboards, signs, 35
and other structures, within the municipal corporation, and 36
provide for the removal and repair of insecure billboards, signs, 37
and other structures; 38
(2) Regulate the construction and repair of wires, poles, 40
plants, and all equipment to be used for the generation and 41
application of electricity; 42
(3) Except as limited by division (B) of this section, 44
provide PROVIDE for the licensing of house movers, heating, 45
ventilating, and air conditioning contractors, refrigeration 47
contractors, electrical contractors, plumbers, plumbing 48
contractors, hydronics contractors, sewer tappers, and vault 49
2
cleaners.
(B)(1) Except as provided in division (B)(2) of this 51
section, a municipal corporation may, pursuant to division (A)(3) 52
of this section, require all heating, ventilating, and air 53
conditioning contractors, refrigeration contractors, electrical 54
contractors, plumbing contractors, and hydronics contractors to 55
successfully complete an examination, test, or demonstration of 56
technical skills and may impose a fee and additional requirements 57
for a license or registration to engage in their respective 58
occupations within the jurisdiction of the municipal corporation. 59
(2) No municipal corporation shall require any heating, 61
ventilating, and air conditioning contractor, refrigeration 62
contractor, electrical contractor, plumbing contractor, or 63
hydronics contractor who has HOLDS a valid and unexpired 64
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 66
4740. OF THE REVISED CODE to successfully complete an 67
examination, test, or demonstration of technical skills in order 69
to receive a license or registration to engage in his respective 70
business, except that a THE TYPE OF CONTRACTING FOR WHICH THE 72
LICENSE IS HELD, WITHIN THE municipal corporation that has 73
adopted, on or before the effective date of this amendment, a 74
heating, ventilating, and air conditioning, or refrigeration, 76
electrical, hydronics, or plumbing code which is not in conflict 77
with Chapter 3781. or 3791. of the Revised Code or rules adopted 78
thereunder, may require a contractor who holds a valid and 79
unexpired qualification certificate to successfully complete an 80
examination or test only in those areas that differ from 81
requirements established under Chapters 3781. and 3791. of the 82
Revised Code and rules adopted thereunder. 83
(3)(C) A municipal corporation may impose a fee and 85
additional requirements for licensure or registration of an 86
individual A CONTRACTOR who holds a valid and unexpired 87
qualification certificate in order for LICENSE ISSUED PURSUANT TO 89
CHAPTER 4740. OF THE REVISED CODE BEFORE that individual to 91
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CONTRACTOR MAY engage in his respective business THE TYPE OF 93
CONTRACTING FOR WHICH THE LICENSE IS HELD, within the municipal 94
corporation, provided that the fee and additional requirements 95
are IS the same for all individuals CONTRACTORS who wish to 96
engage in that business TYPE OF CONTRACTING. If a municipal 97
corporation imposes such a fee or additional requirements, the 98
municipal corporation immediately shall permit an individual A 99
CONTRACTOR who presents proof of holding a valid and unexpired 101
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 102
4740. OF THE REVISED CODE and who pays the required fee and 103
satisfies all additional requirements imposed by the municipal 105
corporation to engage in his respective business THE TYPE OF 106
CONTRACTING FOR WHICH THE LICENSE IS HELD, within the municipal 108
corporation. 109
(C) As used in this section, "heating, ventilating, and 111
air conditioning contractor," "refrigeration contractor," 112
"electrical contractor," "plumbing contractor," "hydronics 113
contractor," and "qualification certificate" have the same 114
meanings as those terms are defined in section 4740.01 of the 115
Revised Code. 116
Sec. 3781.102. (A) Any county or municipal building 125
department certified pursuant to division (E) of section 3781.10 126
of the Revised Code as of September 14, 1970, and which was THAT, 128
as of such THAT date, WAS inspecting single-family, two-family, 130
and three-family residences, and any township building department 131
certified pursuant to division (E) of section 3781.10 of the 132
Revised Code, is hereby declared to be certified to inspect 133
single-family, two-family, and three-family residences containing 134
industrialized units, and such building department shall inspect 135
such THE buildings or classes of buildings subject to the 136
provisions of division (E) of section 3781.10 of the Revised 138
Code.
(B) Except as limited by division (C) of this section, 140
each board of county commissioners may adopt, by resolution, 141
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rules establishing standards and providing for the licensing of 142
electrical and heating, ventilating, and air conditioning 143
contractors. 144
Rules adopted by a board of county commissioners pursuant 146
to this division may be enforced within the unincorporated areas 147
of the county and within any municipal corporation where the 148
legislative authority of the municipal corporation has contracted 149
with the board for the enforcement of the county rules within the 150
municipal corporation pursuant to section 307.15 of the Revised 151
Code. The rules shall not conflict with rules adopted by the 152
board of building standards pursuant to section 3781.10 of the 153
Revised Code or by the department of commerce pursuant to Chapter 154
3703. of the Revised Code. This division does not impair or 155
restrict the power of municipal corporations under Section 3 156
Article XVIII, Ohio Constitution, to adopt rules concerning the 158
erection, construction, repair, alteration, and maintenance of 159
buildings and structures or of establishing standards and
providing for the licensing of electrical and heating, 160
ventilating, and air conditioning contractors pursuant to section 161
715.27 of the Revised Code. 162
(C)(1) Except as provided in division (C)(2) of this 164
section, a board of county commissioners, pursuant to division 165
(B) of this section, may require all electrical contractors and 166
heating, ventilating, and air conditioning contractors to 167
successfully complete an examination, test, or demonstration of 168
technical skills and may impose a fee and additional requirements 169
for a license to engage in their respective occupations within 170
the jurisdiction of the board's rules under division (B) of this 171
section. 172
(2) No board of county commissioners shall require any 174
electrical contractor or heating, ventilating, and air 175
conditioning contractor who has HOLDS a valid and unexpired 176
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 178
4740. OF THE REVISED CODE to successfully complete an 180
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examination, test, or demonstration of technical skills in order 181
to receive a license to engage in the contractor's respective 183
business, except that a board that has adopted, on or before July 184
31, 1992, a heating, ventilating, and air conditioning, or 186
refrigeration, electrical, hydronics, or plumbing code which is 187
not in conflict with Chapter 3781. or 3791. of the Revised Code 188
or rules adopted thereunder, may require a contractor who holds a 189
valid and unexpired qualification certificate to successfully 190
complete an examination or test only in those areas that differ 191
from requirements established under Chapters 3781. and 3791. of 192
the Revised Code and rules adopted thereunder TYPE OF CONTRACTING 194
FOR WHICH THE LICENSE IS HELD, WITHIN THE UNINCORPORATED AREAS OF 195
THE COUNTY AND WITHIN ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE 196
AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF 197
COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO 198
SECTION 307.15 OF THE REVISED CODE. 200
(3)(C) A board may impose a fee and additional 202
requirements for licensure REGISTRATION of an individual A 204
CONTRACTOR who holds a valid and unexpired qualification 206
certificate, in order for LICENSE ISSUED PURSUANT TO CHAPTER 207
4740. OF THE REVISED CODE BEFORE that individual to CONTRACTOR 208
MAY engage in the individual's respective business TYPE OF 209
CONTRACTING FOR WHICH THE LICENSE IS HELD within the jurisdiction 211
of the board's rules under division (B) of this section 212
UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY MUNICIPAL 214
CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED WITH THE 215
BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN THE 216
MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE REVISED 217
CODE, provided that the fee and additional requirements are IS 219
the same for all individuals CONTRACTORS who wish to engage in 221
the business THAT TYPE OF CONTRACTING. If the A board imposes 222
such a fee or additional requirements, the board immediately 223
shall permit an individual A CONTRACTOR who presents proof of 224
holding a valid and unexpired qualification certificate LICENSE 226
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and who pays the required fee and satisfies all additional 228
requirements imposed by the board to engage in the individual's 229
respective business TYPE OF CONTRACTING FOR WHICH THE LICENSE IS 231
HELD within the jurisdiction of the board's rules under division 233
(B) of this section UNINCORPORATED AREAS OF THE COUNTY AND WITHIN 234
ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS 235
CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY 236
REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO SECTION
307.15 OF THE REVISED CODE. 237
(D) As used in this section, "electrical contractor," 239
"heating, ventilating, and air conditioning contractor," and 240
"qualification certificate" have the same meanings as in section 241
4740.01 of the Revised Code. 242
(E) The political subdivision associated with each 244
municipal, township, and county building department certified by 245
the board of building standards pursuant to division (E) of 246
section 3781.10 of the Revised Code may prescribe fees to be paid 247
by persons, political subdivisions, or any department, agency, 248
board, commission, or institution of the state, for the 249
acceptance and approval of plans and specifications, and for the 250
making of inspections, pursuant to sections 3781.03 and 3791.04 251
of the Revised Code. 252
(F)(E) Each political subdivision that prescribes fees 254
pursuant to division (E)(D) of this section shall collect, on 256
behalf of the board of building standards, a fee equal to three 258
per cent of such fees. The board shall adopt rules, in 259
accordance with Chapter 119. of the Revised Code, specifying the 260
manner in which the fee assessed pursuant to this division shall 261
be collected and remitted monthly to the board. The board shall 262
pay the fee assessed pursuant to this division into the state 263
treasury to the credit of the industrial compliance operating 264
fund created in section 121.084 of the Revised Code. 265
All money credited to the fund under this division shall be 267
used exclusively for both of the following: 268
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(1) Operating costs of the board; 270
(2) Providing services, including educational programs, 272
for the building departments that are certified by the board 273
pursuant to division (E) of section 3781.10 of the Revised Code. 274
Sec. 4740.01. As used in this chapter: 283
(A) "Qualification certificate LICENSE" means a 285
certificate LICENSE issued by the Ohio construction industry 288
examining board to an individual or business entity as a heating, 289
ventilating, and air conditioning contractor, refrigeration 290
contractor, electrical contractor, plumbing contractor, or 291
hydronics contractor.
(B) "Heating, ventilating, and air conditioning 293
contractor" means any individual OR BUSINESS ENTITY who assumes 294
responsible charge, supervision, or direction of persons engaged 296
in SATISFIES BOTH OF THE FOLLOWING: 297
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 300
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF heating, 301
ventilating, and air conditioning contracting CONSTRUCTION, 302
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE, or AND who 303
engages in, offers to engage in, IDENTIFIES, advertises, or 305
otherwise HOLDS OUT OR represents that he THE INDIVIDUAL OR 308
BUSINESS ENTITY is permitted OR QUALIFIED to engage in the design 309
of, planning of, superintending of, contracting for, or 310
responsible charge PERFORM, DIRECT, SUPERVISE, OR HAVE 311
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of heating, 314
ventilating, and air conditioning contracting CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE; 315
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 317
AND WHO ARE TRAINED TO PERFORM HEATING, VENTILATING, AND AIR 318
CONDITIONING CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 319
MAINTENANCE.
(C) "Refrigeration contractor" means any individual OR 321
BUSINESS ENTITY who assumes responsible charge, supervision, or 323
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 324
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(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 326
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF refrigeration 327
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 328
MAINTENANCE, or AND who engages in, offers to engage in, 331
IDENTIFIES, advertises, or otherwise HOLDS OUT OR represents that 332
he THE INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to 333
engage in the design of, planning of, superintending of, 336
contracting for, or responsible charge DIRECT, SUPERVISE, OR HAVE 337
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of refrigeration 338
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 339
MAINTENANCE;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 341
AND WHO ARE TRAINED TO PERFORM REFRIGERATION CONSTRUCTION, 342
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 343
(D) "Electrical contractor" means any individual OR 345
BUSINESS ENTITY who assumes responsible charge, supervision, or 347
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 348
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 350
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF electrical 351
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 352
MAINTENANCE, or AND who engages in, offers to engage in, 355
IDENTIFIES, advertises, or otherwise HOLDS OUT OR represents that 356
he THE INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to 357
engage in the design of, planning of, superintending of, 360
contracting for, or responsible charge DIRECT, SUPERVISE, OR HAVE 361
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of electrical 362
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 363
MAINTENANCE;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 365
AND WHO ARE TRAINED TO PERFORM ELECTRICAL CONSTRUCTION, 366
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. As used in this 367
division CHAPTER, "electrical contracting" does not include the 369
construction, installation, alteration IMPROVEMENT, RENOVATION, 370
repair, OR maintenance, or service of any fire alarm or burglar 372
9
alarm.
(E) "Plumbing contractor" means any individual OR BUSINESS 374
ENTITY who assumes responsible charge, supervision, or direction 376
of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 377
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 379
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF plumbing 380
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 381
MAINTENANCE, or AND who engages in, offers to engage in, 383
IDENTIFIES, advertises, or otherwise HOLDS OUT OR represents that 384
he THE INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to 387
engage in the design of, planning of, superintending of, 389
contracting for, or responsible charge DIRECT, SUPERVISE, OR HAVE
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of plumbing 390
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE; 391
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 393
AND WHO ARE TRAINED TO PERFORM PLUMBING CONSTRUCTION, 394
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 395
(F) "Hydronics contractor" means any individual OR 397
BUSINESS ENTITY who assumes responsible charge, supervision, or 398
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 399
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 401
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF hydronics 402
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 403
MAINTENANCE, or AND who engages in, offers to engage in, 405
IDENTIFIES, advertises, or otherwise HOLDS OUT OR represents that 406
he THE INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to 407
engage in the design of, planning of, superintending of, 410
contracting for, or responsible charge DIRECT, SUPERVISE, OR HAVE 411
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of hydronics 412
contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 413
MAINTENANCE;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 415
AND WHO ARE TRAINED TO PERFORM HYDRONICS CONSTRUCTION, 416
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 417
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(G) As used in this section, "contracting" means the 419
engagement of a person under any written or verbal contract, 420
agreement, or understanding, whereby such person provides 421
services or materials which are subject to examination under this 422
chapter "CONTRACTOR" MEANS A HEATING, VENTILATING, AND AIR 423
CONDITIONING CONTRACTOR, A REFRIGERATION CONTRACTOR, AN 424
ELECTRICAL CONTRACTOR, A PLUMBING CONTRACTOR, OR A HYDRONICS 425
CONTRACTOR. 426
(H) "TRADESPERSON" MEANS AN INDIVIDUAL WHO, FOR 429
COMPENSATION, ENGAGES IN CONSTRUCTION, IMPROVEMENT, RENOVATION, 430
REPAIR, OR MAINTENANCE OF BUILDINGS OR STRUCTURES WITHOUT 431
ASSUMING RESPONSIBILITY FOR THE MEANS, METHOD, OR MANNER OF THAT 432
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 433
Sec. 4740.02. (A) There is hereby created WITHIN THE 442
DEPARTMENT OF COMMERCE, the Ohio construction industry examining 444
board, consisting of seventeen residents of this state. The 445
board shall consist of an administrative section, a plumbing 446
section, an electrical section, and a heating, ventilating, air 447
conditioning, and refrigeration section. The director of 449
commerce shall appoint all members of the board. The director or 450
his THE DIRECTOR'S designee shall serve as a member of the 451
administrative section and the director shall appoint to the 453
administrative section, one member who is a representative of the 454
public who is not a member of any group certified by ANY SECTION 456
OF the board. The plumbing, electrical, and heating, 458
ventilating, air conditioning, and refrigeration sections each 459
shall annually elect a member of each THEIR OWN respective 460
section to serve a one-year term on the administrative section. 461
(B) The plumbing section shall consist of five members, 463
four of whom are plumbing contractors, and one of whom is an 464
employee of A PLUMBING INSPECTOR EMPLOYED BY the department of 466
commerce other than the director or his designee who serves as a 467
member of the administrative section. Of the four plumbing 469
members, two shall be engaged in plumbing contracting and shall 470
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represent unions representing plumbers and, A MUNICIPAL 471
CORPORATION, OR A HEALTH DISTRICT, two shall OF WHOM ARE PLUMBING 473
CONTRACTORS WHO have no affiliation with any union representing 475
plumbers, AND TWO OF WHOM ARE PLUMBING CONTRACTORS WHO ARE 476
SIGNATORIES TO AGREEMENTS WITH UNIONS REPRESENTING PLUMBERS. 478
(C) The electrical section shall consist of five members, 480
one of whom is a municipal building AN electrical inspector 481
EMPLOYED BY THE DEPARTMENT OF COMMERCE, A MUNICIPAL CORPORATION, 483
OR A COUNTY, two of whom are electrical contractors and who have 484
no affiliation with any union representing electricians, and two 485
of whom are electrical contractors and who represent ARE 486
SIGNATORIES TO AGREEMENTS WITH unions representing electricians. 488
(D) The heating, ventilating, air conditioning, and 490
refrigeration section shall consist of five members, one of whom 491
is a municipal heating, ventilating, air conditioning, and 492
refrigeration inspector EMPLOYED BY EITHER THE DEPARTMENT OF 493
COMMERCE OR A MUNICIPAL CORPORATION; two of whom are heating, 494
ventilating, and air conditioning CONTRACTORS or refrigeration 495
contractors and who have no affiliation with any union 497
representing persons engaged in heating, ventilating, and air 498
conditioning TRADESPERSONS or refrigeration contracting 500
TRADESPERSONS; and two of whom are heating, ventilating, and air 501
conditioning CONTRACTORS or refrigeration contractors and who 502
represent ARE SIGNATORIES TO AGREEMENTS WITH unions representing 504
heating, ventilating, and air conditioning TRADESPERSONS or 505
refrigeration contractors TRADESPERSONS. 506
(E) Within ninety days after July 31, 1992, initial 508
appointments shall be made to the board. Of the initial 510
appointments to the board, two appointments in each section, 511
other than the administrative section, are for terms ending one 512
year after July 31, 1992, and two are for terms ending two years 515
after July 31, 1992. All other appointments to the board are for 517
terms ending three years after July 31, 1992. Thereafter, terms 519
of office are for three years, each term ending on the same day 520
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of the same month of the year as did the term that it succeeds. 521
Each member shall hold office from the date of his appointment 522
until the end of the term for which he THE MEMBER was appointed. 523
Members may be reappointed. Vacancies shall be filled in the 525
manner provided for original appointments. Any member appointed 526
to fill a vacancy occurring prior to the expiration date of the 527
term for which his THE MEMBER'S predecessor was appointed shall 528
hold office as a member for the remainder of that term. A member 530
shall continue in office subsequent to the expiration date of his 531
THE MEMBER'S term until his THE MEMBER'S successor takes office 532
or until a period of sixty days has elapsed, whichever occurs 534
first.
(F) Before entering upon the discharge of his OFFICIAL 536
duties, each member shall take, and file with the secretary of 538
state, the oath of office required by Section 7 of Article XV, 539
Ohio Constitution.
(G) Each member of the board, except for the director or 541
the designee the director appoints under division (A) of this 542
section, and the employee of the department of commerce the 543
director appoints under division (B) of this section, shall 544
receive a per diem amount fixed pursuant to section 124.15 of the 545
Revised Code when actually attending to matters of the board and 546
for the time spent in necessary travel, and all actual and 547
necessary expenses incurred in the discharge of his OFFICIAL 548
duties. 549
(H) The director of commerce may remove any member of the 552
board he THE DIRECTOR appoints for malfeasance, misfeasance, or 553
nonfeasance. 554
(I) Membership on the board and holding an ANY office of 556
the board does not constitute the holding of a public office or 557
employment within the meaning of any section of the Revised Code, 558
or an interest, either direct or indirect, in a contract or 559
expenditure of money by the state or any municipal corporation, 560
township, special district, school district, county, or other 561
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political subdivision. No member or officer of the board is 562
disqualified from holding any public office or employment nor 563
shall the officer or member forfeit any PUBLIC office or 564
employment by reason of his HOLDING A position as an officer or 565
member of the board. 566
(J) The board is part of the department of commerce for 568
administrative purposes, AND EACH SECTION OF THE BOARD, SHALL 570
MEET ONLY AFTER ADEQUATE ADVANCE NOTICE OF THE MEETING HAS BEEN 571
GIVEN TO EACH MEMBER OF THE BOARD OR SECTION, AS APPROPRIATE. 572
Sec. 4740.03. (A) The administrative section of the Ohio 581
construction industry examining board annually shall elect from 582
among its members a chairperson and other officers as the board, 584
by rule, designates. The chairperson shall preside over meetings 585
of the administrative section or designate another member to 586
preside in the chairperson's absence. The administrative section 587
shall hold at least two regular meetings each year, but may meet 589
at additional times as specified by rule, at the call of the 590
chairperson, or upon the request of two or more members. A 591
majority of the members OF THE ADMINISTRATIVE SECTION constitutes 593
a quorum for the transaction of all business. The administrative 594
section may not take any action without the concurrence of AT 595
LEAST three OF ITS members.
(B)(1) The administrative section shall employ a 597
secretary, who is not a member of the board, to serve at the 598
pleasure of the ADMINISTRATIVE section, and shall fix the 599
compensation of the secretary. THE SECRETARY SHALL BE IN THE 601
UNCLASSIFIED CIVIL SERVICE OF THE STATE. 602
(2) The secretary shall do all of the following: 604
(a) Keep OR SET STANDARDS FOR AND DELEGATE TO ANOTHER 606
PERSON THE KEEPING OF the minutes, books, and other records and 607
files of the board and each section of the board; 608
(b) Issue all qualification certificates in the name of 610
the board;
(c) Send out all notices, INCLUDING ADVANCE NOTICES OF 612
14
MEETINGS OF THE BOARD AND EACH SECTION OF THE BOARD, and attend 613
to all correspondence of the board and each section OF THE BOARD, 615
under the direction of the administrative section; 616
(d) Receive and deposit all fees payable pursuant to this 618
chapter into the construction industry examining fund created 619
pursuant to section 4740.11 of the Revised Code; 620
(e) Perform all other duties incidental to the office of 622
the secretary or properly assigned to the secretary by the 624
administrative section of the board. 626
(3) Before entering upon the discharge of the duties of 628
the secretary, the secretary shall file with the treasurer of 630
state a bond in the sum of five thousand dollars, payable to the 631
state, to ensure the faithful performance of the secretary's 632
duties. The board shall pay the premium of the bond in the same 634
manner as it pays other expenditures of the board. 635
(C) Upon the request of the administrative section of the 637
board, the director of commerce shall supply the board and its 639
sections with personnel, office space, and supplies, as the 640
director determines appropriate. 641
(D) The chairperson of the board or the secretary, or 643
both, as authorized by the board, shall approve all vouchers of 645
the board. 646
Sec. 4740.04. The administrative section of the Ohio 655
construction industry examining board is responsible for the 656
administration of this chapter and shall do all of the following: 657
(A) Schedule, administer, and supervise the examinations 659
for qualification certificates for heating, ventilating, and air 660
conditioning contractors, refrigeration contractors, electrical 661
contractors, plumbing contractors, and hydronics contractors, as 662
directed by the heating, ventilating, air conditioning, and 663
refrigeration section, the electrical section, and the plumbing 664
APPLICABLE section OF THE BOARD. The administrative section 666
shall conduct the SCHEDULE examinations TO BE HELD at least four 668
times per year.
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(B) SELECT AND CONTRACT WITH ONE OR MORE PERSONS TO DO ALL 670
OF THE FOLLOWING RELATIVE TO THE EXAMINATIONS DESCRIBED IN 671
DIVISION (A) OF THIS SECTION: 672
(1) PREPARE, ADMINISTER, SCORE, AND MAINTAIN THE 674
CONFIDENTIALITY OF THE EXAMINATIONS; 675
(2) BE RESPONSIBLE FOR ALL THE EXPENSES REQUIRED TO 677
FULFILL DIVISION (B)(1) OF THIS SECTION; 679
(3) CHARGE AN APPLICANT A FEE, IN AN AMOUNT AUTHORIZED BY 681
THE ADMINISTRATIVE SECTION OF THE BOARD, FOR ADMINISTERING THE 682
EXAMINATION; 683
(4) DESIGN THE EXAMINATION FOR EACH TYPE OF CONTRACTOR TO 685
DETERMINE AN APPLICANT'S COMPETENCE TO PERFORM THE TYPE OF 686
CONTRACTING FOR WHICH THE APPLICANT IS SEEKING LICENSURE. 688
(C) Issue qualification certificates AND RENEW LICENSES to 691
individuals who have attained at least the minimum score on an 693
examination prepared AUTHORIZED by the plumbing section for 694
plumbing contractors, the electrical section for electrical 696
contractors, the heating, ventilating, air conditioning, and 697
refrigeration section for heating, ventilating, and air 698
conditioning contractors and refrigeration contractors, and both 699
the heating, ventilating, air conditioning, and refrigeration and 700
plumbing sections for hydronics contractors, ON THE CONDITION 702
THAT THE APPROPRIATE SECTION OF THE BOARD DETERMINES THAT THE 703
INDIVIDUAL ALSO IS QUALIFIED AS REQUIRED BY SECTION 4740.06 OF 704
THE REVISED CODE TO HOLD A LICENSE; 705
(C) Suspend, revoke, or refuse to issue or renew 707
qualification certificates as directed by the plumbing section 708
for plumbing contractors; the electrical section for electrical 709
contractors; the heating, ventilating, air conditioning, and 710
refrigeration section for heating, ventilating, and air 711
conditioning contractors and refrigeration contractors; and both 712
the heating, ventilating, air conditioning, and refrigeration and 713
plumbing sections for hydronics contractors; 714
(D) Make an annual written report to the director of 716
16
commerce on proceedings had by or before the board for the 718
previous year and make an annual statement of all money received 719
and expended by the board during the year;
(E) Keep a record containing the name, address, the date 721
on which the board issues or renews a qualification certificate 722
LICENSE to, and the qualification certificate LICENSE number of, 724
every heating, ventilating, and air conditioning contractor, 726
refrigeration contractor, electrical contractor, plumbing 727
contractor, and hydronics contractor issued a qualification 728
certificate LICENSE pursuant to this chapter; 730
(F) REGULATE A CONTRACTOR'S USE AND DISPLAY OF A LICENSE 732
ISSUED PURSUANT TO THIS CHAPTER AND OF ANY INFORMATION CONTAINED 733
IN THAT LICENSE. 734
(G) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 738
REVISED CODE AS NECESSARY TO PROPERLY DISCHARGE THE 740
ADMINISTRATIVE SECTION'S DUTIES UNDER THIS CHAPTER. 741
(H) Keep a record of its proceedings and do all things 743
necessary to carry out this chapter. 744
Sec. 4740.05. The heating, ventilating, air conditioning, 753
and refrigeration section of the Ohio construction industry 754
examining board for heating, ventilating, and air conditioning 755
contractors and refrigeration contractors; the plumbing section 756
of the board for plumbing contractors; the electrical section for 757
electrical contractors; and both the heating, ventilating, air 758
conditioning, and refrigeration and the plumbing sections for 759
hydronics contractors, shall do all of the following: 760
(A) Adopt rules in accordance with Chapter 119. of the 762
Revised Code as this chapter relates to their respective 763
sections. The rules shall be limited to the following: 764
(1) Application procedures for examinations; 766
(2) Approval of a third party to prepare, administer, and 768
score the examination. The approved third party shall be 769
responsible for all expenses associated with the preparation, 770
administration, and scoring of the examination and may charge the 771
17
applicant for a qualification certificate a fee for such 772
expenses. The examination for each type of contractor certified
pursuant to this chapter shall be substantially uniform and 774
designed so as to establish the competence and qualifications of 775
the applicant in the subjects pertinent to the particular 776
business for which the applicant seeks a qualification 777
certificate.
(3) Selection and approval of courses to meet the 779
continuing education requirements for renewal of a qualification 780
certificate, which requirements shall be no more than thirty 781
course hours over a three-year period for an individual who holds 782
one or more qualification certificates issued pursuant to section 783
4740.06 or 4740.08 of the Revised Code; 784
(4) Issuance of or refusal to issue qualification 786
certificates to qualified individuals and suspension or 787
revocation of qualification certificates of unqualified 788
individuals SPECIFICATIONS CONCERNING CONTINUING EDUCATION 789
REQUIREMENTS FOR LICENSE RENEWAL THAT ADDRESS ALL OF THE 791
FOLLOWING:
(a) CRITERIA FOR SELECTING AND APPROVING COURSES AND 794
PERSONS TO PROVIDE THOSE COURSES;
(b) A SPECIFICATION THAT INDIVIDUALS HOLDING A VALID AND 797
UNEXPIRED LICENSE BE REQUIRED TO ACCRUE NO MORE THAN THIRTY HOURS 798
OF CONTINUING EDUCATION COURSES OVER A PERIOD OF THREE YEARS; 799
(c) A REQUIREMENT THAT PERSONS SEEKING APPROVAL TO PROVIDE 802
CONTINUING EDUCATION COURSES SUBMIT INFORMATION REGARDING THE 803
COURSES TO THE APPROPRIATE SECTION OF THE BOARD FOR APPROVAL NOT 804
LESS THAN NINETY DAYS NOR MORE THAN ONE YEAR PRIOR TO THE DATE ON 805
WHICH THE COURSES ARE OFFERED, UNLESS A SECTION OF THE BOARD 806
PERMITS SUBMISSION AT A DIFFERENT TIME; 807
(d) A PROHIBITION AGAINST ANY PERSON PROVIDING A COURSE 810
FOR THE PURPOSE OF MEETING CONTINUING EDUCATION REQUIREMENTS 811
UNLESS, NOT MORE THAN ONE YEAR PRIOR TO THE DATE THE COURSE IS 812
OFFERED, THE PERSON HAS BEEN APPROVED BY THE APPROPRIATE SECTION 813
18
OF THE BOARD TO PROVIDE THAT COURSE; 814
(e) A PROVISION LIMITING APPROVAL OF CONTINUING EDUCATION 817
COURSES TO ONE YEAR;
(f) A PROVISION ESTABLISHING THE FOLLOWING ANNUAL FEES, TO 820
BE PAID TO THE BOARD BY PERSONS APPROVED TO PROVIDE CONTINUING 821
EDUCATION COURSES:
(i) FOR THE APPROVAL OF EACH CONTINUING EDUCATION COURSE, 824
NOT MORE THAN TEN DOLLARS PLUS ONE DOLLAR PER CREDIT HOUR; 825
(ii) FOR THE APPROVAL OF EACH PERSON PROVIDING CONTINUING 828
EDUCATION COURSES, TWENTY-FIVE DOLLARS. 829
(3) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 831
EVALUATING THE QUALIFICATIONS OF AN INDIVIDUAL; 832
(4) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 834
DECIDING WHETHER TO ISSUE, RENEW, SUSPEND, REVOKE, OR REFUSE TO 835
ISSUE OR RENEW A LICENSE; 836
(5) Determinations and approvals made under the 838
reciprocity provision of section 4740.08 of the Revised Code. 839
(B) Investigate all allegations in reference to violations 841
of this chapter and the rules adopted pursuant thereto PERTAINING 842
TO THE SECTION and determine by rule a procedure for 844
investigations and hearings on these allegations; 845
(C) Keep MAINTAIN a record of its proceedings and; 848
(D) GRANT APPROVAL TO PERSONS TO OFFER CONTINUING 850
EDUCATION COURSES PURSUANT TO RULES ADOPTED UNDER DIVISION (A)(2) 852
OF THIS SECTION;
(E) AS REQUIRED, do all things necessary to carry out this 855
chapter.
Sec. 4740.051. NO PERSON SHALL ACT AS OR CLAIM TO BE A 857
HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR, 858
REFRIGERATION CONTRACTOR, PLUMBING CONTRACTOR, ELECTRICAL 859
CONTRACTOR, OR HYDRONICS CONTRACTOR UNLESS THAT PERSON HOLDS OR 860
HAS BEEN ASSIGNED A LICENSE ISSUED PURSUANT TO THIS CHAPTER FOR 862
THE TYPE OF CONTRACTOR THAT PERSON IS ACTING AS OR CLAIMING TO 863
BE.
19
Sec. 4740.06. (A) Any person INDIVIDUAL who applies for a 873
qualification certificate LICENSE shall file a written
application with the appropriate section of the Ohio construction 875
industry examining board, accompanied with the APPLICATION fee 876
set forth in AS DETERMINED PURSUANT TO section 4740.09 of the 878
Revised Code. The person INDIVIDUAL shall file the application 880
with the appropriate section not more than sixty days nor less 881
than thirty days prior to the date of the examination. The 882
application shall be on the form prescribed by the appropriate 883
section of the board and verified by the applicant's oath. It 884
shall contain information satisfactory to the appropriate section 885
showing that the applicant meets the requirements of division (B) 886
of this section.
(B) To receive a qualification certificate QUALIFY TO TAKE 888
THE EXAMINATION REQUIRED TO OBTAIN A LICENSE for a heating, 890
ventilating, and air conditioning contractor, refrigeration 891
contractor, electrical contractor, plumbing contractor, or 892
hydronics contractor, an individual shall: 893
(1) Be at least eighteen years of age; 895
(2) Be a United States citizen; 897
(3) Be of good moral character; 899
(4) Pass the examination given by the board in his 901
particular business and pay the required examination fee; 902
(5) Have the following experience in his particular 905
business:
(a) With respect to a heating, ventilating, and air 907
conditioning contractor or a refrigeration contractor, for a 908
continuous period of at least two years immediately preceding his 909
application for examination, be engaged in heating, ventilating, 910
and air conditioning contracting or refrigeration contracting, 911
respectively; 912
(b) With respect to an electrical contractor, for a 914
continuous period of at least two years immediately preceding his 915
application for examination, be engaged in electrical 916
20
contracting; 917
(c) With respect to a plumbing contractor, for a 919
continuous period of at least two years immediately preceding his 920
application for examination, be engaged in plumbing contracting; 921
(d) With respect to a hydronics contractor, for a 923
continuous period of at least two years immediately preceding his 924
application for examination, be engaged in hydronics contracting. 925
(6) Pay the applicable fee set forth in section 4740.09 of 927
the Revised Code for the issuance of a qualification certificate 928
EITHER HAVE BEEN A TRADESPERSON FOR THE TYPE OF CONTRACTOR FOR 930
WHICH THE APPLICATION IS FILED FOR NOT LESS THAN THREE YEARS 931
IMMEDIATELY PRIOR TO THE DATE THE APPLICATION IS FILED, BE AN 932
ENGINEER, HAVE THREE YEARS OF BUSINESS EXPERIENCE IN THE 933
CONSTRUCTION INDUSTRY, OR HAVE OTHER EXPERIENCE ACCEPTABLE TO THE 934
SECTION OF THE BOARD THAT AUTHORIZES ISSUANCE OF THE TYPE OF 935
LICENSE SOUGHT;
(4) MAINTAIN CONTRACTOR'S LIABILITY INSURANCE, INCLUDING 937
WITHOUT LIMITATION, COMPLETE OPERATIONS COVERAGE, IN AN AMOUNT 938
DETERMINED BY THE APPROPRIATE SECTION OF THE BOARD; 939
(5) NOT HAVE DONE ANY OF THE FOLLOWING: 941
(a) BEEN CONVICTED OF OR PLEADED GUILTY TO A MISDEMEANOR 944
INVOLVING MORAL TURPITUDE OR OF ANY FELONY; 945
(b) VIOLATED THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO 948
THIS CHAPTER;
(c) OBTAINED OR RENEWED A LICENSE ISSUED PURSUANT TO THIS 951
CHAPTER, OR ANY ORDER, RULING, OR AUTHORIZATION OF THE BOARD OR A 952
SECTION OF THE BOARD BY FRAUD, MISREPRESENTATION, OR DECEPTION; 953
(d) ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 956
THE CONDUCT OF BUSINESS. 957
(C) If the applicant for LICENSURE AS a heating, 959
ventilating, and air conditioning contractor's CONTRACTOR, 961
refrigeration contractor's CONTRACTOR, electrical contractor's 963
CONTRACTOR, plumbing contractor's CONTRACTOR, or hydronics 964
contractor's qualification certificate CONTRACTOR meets the 965
21
qualifications set forth in division (B) of this section AND 967
PASSES THE REQUIRED EXAMINATION, the appropriate section of the 968
board, WITHIN NINETY DAYS AFTER THE APPLICANT FILED THE 969
APPLICATION, shall direct AUTHORIZE the administrative section of 971
the board to issue him a qualification certificate in LICENSE THE 974
APPLICANT FOR the business TYPE OF CONTRACTOR'S LICENSE for which 975
he THE APPLICANT qualifies. A SECTION OF THE BOARD MAY WITHDRAW 976
ITS AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 978
LICENSE FOR GOOD CAUSE SHOWN, ON THE CONDITION THAT NOTICE OF 979
THAT WITHDRAWAL IS GIVEN PRIOR TO THE ADMINISTRATIVE SECTION'S 980
ISSUANCE OF THE LICENSE. 981
(D) Each qualification certificate LICENSE issued under 983
this chapter expires one year after the date of issue, but each 984
person INDIVIDUAL holding a valid, unexpired qualification 986
certificate LICENSE may renew his certificate THE LICENSE, 988
without reexamination, by applying to the appropriate section of 990
the board within NOT MORE THAN ninety days of BEFORE the 991
expiration of his certificate THE LICENSE, and submitting with 992
his THE application the renewal fee set forth in AS DETERMINED 994
PURSUANT TO section 4740.09 of the Revised Code and proof of 996
compliance with the continuing education requirements for his 997
particular business APPLICABLE TO THAT CONTRACTOR. THE RENEWAL 998
APPLICATION SHALL CONTAIN INFORMATION SATISFACTORY TO THE 999
APPROPRIATE SECTION OF THE BOARD SHOWING THAT THE APPLICANT 1,000
CONTINUES TO MEET THE REQUIREMENTS OF DIVISION (B) OF THIS 1,001
SECTION. 1,002
THE APPROPRIATE SECTION OF THE BOARD MAY WAIVE ANY OF THE 1,004
REQUIREMENTS FOR RENEWAL OF A LICENSE UPON FINDING THAT THE 1,005
APPLICANT SUBSTANTIALLY HAS MET THE RENEWAL REQUIREMENTS AND THAT 1,007
FAILURE TO TIMELY APPLY FOR RENEWAL IS DUE TO EXCUSABLE NEGLECT. 1,008
IF, IN RENEWING A LICENSE, A SECTION OF THE BOARD WAIVES 1,009
REQUIREMENTS FOR RENEWAL, THAT SECTION MAY IMPOSE CONDITIONS UPON 1,010
THAT LICENSEE AND ASSESS A LATE FILING FEE OF NOT MORE THAN 1,011
DOUBLE THE USUAL RENEWAL FEE.
22
(E) AN INDIVIDUAL HOLDING A VALID AND UNEXPIRED LICENSE 1,014
MAY REQUEST THE SECTION OF THE BOARD THAT AUTHORIZED THE ISSUANCE 1,015
OF THAT LICENSE TO PLACE THE LICENSE IN INACTIVE STATUS UNDER 1,016
CONDITIONS AND FOR A PERIOD OF TIME AS DETERMINED BY THAT SECTION 1,018
OF THE BOARD.
(F) EXCEPT FOR THE NINETY-DAY EXTENSION PROVIDED FOR UNDER 1,021
DIVISION (D) OF SECTION 4740.06 OF THE REVISED CODE, A LICENSE 1,024
HELD BY AN INDIVIDUAL IMMEDIATELY TERMINATES UPON THE DEATH OF 1,025
THE INDIVIDUAL. 1,026
Sec. 4740.07. (A) Except as provided in this section, the 1,035
administrative section of the Ohio construction industry 1,036
examining board shall issue and renew all qualification 1,037
certificates LICENSES under section 4740.06 of the Revised Code 1,039
THIS CHAPTER in the name of the person INDIVIDUAL who meets the 1,041
qualifications REQUIREMENTS of and who takes the examination 1,043
required by that section 4740.06 OF THE REVISED CODE. 1,044
(B) Any person INDIVIDUAL may request, at the time of 1,046
applying for a qualification certificate LICENSE or at any time 1,048
thereafter, that his rights in the qualification certificate 1,050
INDIVIDUAL'S LICENSE be assigned to a business entity with whom 1,053
he THE INDIVIDUAL is associated as a full-time officer, 1,054
proprietor, partner, or employee. If the person INDIVIDUAL is 1,055
issued or holds a qualification certificate LICENSE and meets the 1,057
requirements of this section for the assignment of his rights in 1,059
the qualification certificate LICENSE to a business entity, the 1,061
administrative section shall assign the certificate holder's 1,062
rights LICENSE to and issue the qualification certificate A 1,064
LICENSE in the name of the business entity. The qualification 1,066
certificate LICENSE assigned and issued to a business entity 1,068
under this division shall state the name and position of the 1,069
person INDIVIDUAL who assigned his right in the qualification 1,071
certificate LICENSE to the business entity.
(C) During the period the A business entity holds the 1,073
qualification certificate A LICENSE issued under division (A)(B) 1,075
23
of this section, the administrative section shall not issue a 1,076
qualification certificate to the person INDIVIDUAL who assigned 1,078
his rights in the qualification certificate LICENSE to the 1,079
business entity ANOTHER LICENSE FOR THE SAME TYPE OF CONTRACTING 1,081
FOR WHICH THE ASSIGNED LICENSE IS UTILIZED BY THE BUSINESS 1,082
ENTITY.
(D)(1) If the person AN INDIVIDUAL who assigned his rights 1,085
in a qualification certificate LICENSE to a business entity 1,086
becomes disassociated CEASES TO BE ASSOCIATED with the business 1,088
entity FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEATH OF 1,089
THE INDIVIDUAL, the person INDIVIDUAL OR BUSINESS ENTITY 1,090
immediately shall notify the appropriate section of the board of 1,091
his disassociation THE DATE ON WHICH THE INDIVIDUAL CEASED TO BE 1,092
ASSOCIATED WITH THE BUSINESS ENTITY. A qualification certificate 1,093
LICENSE assigned to a business entity is invalid ninety days 1,096
after the disassociation DATE ON WHICH THE INDIVIDUAL WHO 1,097
ASSIGNED THE LICENSE CEASES TO BE ASSOCIATED WITH THE BUSINESS 1,098
ENTITY.
(2) IF A LICENSE ASSIGNED TO A BUSINESS ENTITY BECOMES 1,101
INVALID PURSUANT TO DIVISION (D)(1) OF THIS SECTION AND ANOTHER 1,103
INDIVIDUAL HAS ASSIGNED A LICENSE TO THE BUSINESS ENTITY FOR THE 1,104
SAME TYPE OF CONTRACTING FOR WHICH THE INVALIDATED LICENSE HAD 1,105
BEEN ASSIGNED, THE BUSINESS ENTITY MAY CONTINUE TO OPERATE UNDER 1,106
THE OTHER ASSIGNED LICENSE. 1,107
(E) Any work conducted by a business entity under a 1,109
qualification certificate LICENSE assigned under this section is 1,110
deemed to be conducted under the personal supervision of the 1,112
person INDIVIDUAL named in the qualification certificate LICENSE 1,114
and all violations of any terms of the qualification certificate 1,116
LICENSE are imputed DEEMED to HAVE BEEN COMMITTED BY the person 1,118
INDIVIDUAL named in the qualification certificate LICENSE. 1,119
FOR THE PERIOD OF TIME DURING WHICH MORE THAN ONE LICENSE 1,122
FOR THE SAME TYPE OF CONTRACTING IS ASSIGNED UNDER THIS SECTION 1,123
TO A BUSINESS ENTITY, ANY WORK CONDUCTED BY THE BUSINESS ENTITY 1,124
24
UNDER ANY OF THOSE LICENSES IS DEEMED TO BE CONDUCTED UNDER THE 1,125
PERSONAL SUPERVISION OF THE INDIVIDUALS NAMED IN EACH OF THE 1,126
LICENSES AND ALL VIOLATIONS OF ANY TERMS OF ANY OF THE LICENSES 1,127
ARE DEEMED TO HAVE BEEN COMMITTED BY THE INDIVIDUALS NAMED IN 1,128
EACH OF THE LICENSES. 1,129
(F) No person INDIVIDUAL who assigns his rights in a 1,131
qualification certificate LICENSE to a business entity under 1,133
division (B) of this section: 1,134
(1) Is eligible to receive a separate qualification 1,136
certificate in his name during the time the business entity holds 1,138
the certificate; 1,139
(2) Shall SHALL assign his rights in a qualification 1,142
certificate LICENSE FOR THE SAME TYPE OF CONTRACTING to a ANOTHER 1,144
business entity, if that assignment takes place within UNTIL 1,146
AFTER ninety days after the person becomes disassociated 1,147
INDIVIDUAL CEASES TO BE ASSOCIATED with a THE business entity to 1,149
whom the person INDIVIDUAL had previously assigned his rights to 1,151
a qualification certificate LICENSE.
(G) Any person INDIVIDUAL who assigns his rights in a 1,153
qualification certificate LICENSE to a business entity under this 1,155
section shall be actively engaged in the business AS THE TYPE OF 1,157
CONTRACTOR for which the qualification certificate LICENSE is 1,159
issued and be readily available for consultation with the 1,161
business entity to which the qualification certificate LICENSE is 1,163
assigned.
(H) No qualification certificate LICENSE assigned under 1,165
this section shall be used by ASSIGNED TO more than one business 1,166
entity at a time. 1,167
Sec. 4740.08. Upon application to the appropriate section 1,176
of the Ohio construction industry examining board and payment of 1,177
the fee specified in DETERMINED PURSUANT TO section 4740.09 of 1,178
the Revised Code for the issuance of a qualification certificate 1,180
LICENSE, the appropriate section of the board shall direct 1,182
AUTHORIZE the administrative section of the board to issue, 1,184
25
without examination, a qualification certificate LICENSE to an 1,185
individual registered, licensed, or certified in another state of 1,186
the United States, provided that the appropriate section of the 1,187
board determines pursuant to the rule adopted under division 1,188
(A)(5) of section 4740.05 of the Revised Code that the 1,189
requirements for registration, licensure, or certification under 1,190
the laws of the other state of the United States are 1,191
substantially equal to the requirements for the issuance of a 1,192
qualification certificate LICENSURE in this state and further 1,193
provided that such other state extends similar reciprocity to 1,195
holders of qualification certificates PERSONS LICENSED under this 1,196
chapter. THE APPROPRIATE SECTION OF THE BOARD MAY WITHDRAW ITS 1,198
AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,199
LICENSE FOR GOOD CAUSE SHOWN PRIOR TO THE ADMINISTRATIVE 1,200
SECTION'S ISSUANCE OF THE LICENSE. 1,201
Sec. 4740.09. (A) The fees for the qualification 1,210
certificates LICENSES and their renewal, and for applying to take 1,212
the examinations required for the issuance of qualification 1,214
certificates are as follows:
(1) Twenty-five dollars for the application to take the 1,216
required examination for each qualification certificate. This 1,217
fee is in addition to the fee described in division (A)(2) of 1,218
section 4740.05 of the Revised Code that may be charged to the 1,219
applicant by a third party responsible for the preparation, 1,220
administration, and scoring of the examination.
(2) Twenty-five dollars for the issuance of each 1,222
qualification certificate; 1,223
(3) Forty dollars for the annual renewal of each 1,225
qualification certificate. 1,226
(B) Subject INCLUDING LATE FEES, SUBJECT to the approval 1,228
of the controlling board, the administrative SHALL BE DETERMINED 1,230
BY EACH RESPECTIVE SECTION OF THE OHIO CONSTRUCTION INDUSTRY 1,231
EXAMINING BOARD. EACH RESPECTIVE section of the Ohio 1,232
construction industry examining board may increase the THESE fees 1,233
26
specified in division (A) of this section, provided that no 1,235
increase exceeds fifty per cent of the fees specified in that 1,236
division LOWEST FEE DETERMINED BY THAT SECTION OF THE BOARD 1,237
DURING THE THREE-YEAR PERIOD IMMEDIATELY PRECEDING AN INCREASE, 1,238
AND FURTHER PROVIDED THAT NO INCREASE IS MADE MORE THAN ONCE A
YEAR. 1,239
Sec. 4740.10. (A) The heating, ventilating, air 1,248
conditioning, and refrigeration section of the Ohio construction 1,249
industry examining board for heating, ventilating, and air 1,250
conditioning contractors and for refrigeration contractors; the 1,251
electrical section of the board for electrical contractors; the 1,252
plumbing section of the board for plumbing contractors; and both 1,253
the plumbing section and the heating, ventilating, air 1,254
conditioning, and refrigeration section for hydronics contractors 1,255
may SUSPEND OR REVOKE A LICENSE AND MAY direct the administrative 1,256
section of the board to suspend, revoke, or refuse to issue or 1,258
renew any qualification certificate A LICENSE if the section of 1,260
the board finds that the applicant or certificate holder LICENSEE 1,261
has done any of the following:
(1) Been convicted of a misdemeanor involving moral 1,263
turpitude or a felony; 1,264
(2) Violated any provision of this chapter or the rules 1,266
adopted pursuant thereto; 1,267
(3) Obtained his qualification certificate A LICENSE or 1,270
any board or section order, ruling, or authorization OF THE BOARD 1,271
by means of fraud or, misrepresentation, OR DECEPTION; 1,273
(4) Been guilty of gross misconduct in pursuit of his 1,275
profession ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,276
THE CONDUCT OF BUSINESS. 1,277
(B) The appropriate section of the board shall determine 1,279
the length OF TIME that a qualification certificate LICENSE is to 1,281
be suspended or AND whether OR WHEN an individual whose 1,283
qualification certificate LICENSE has been revoked may apply for 1,286
reinstatement and, if so, when. The appropriate section of the 1,287
27
board may accept or refuse an application for reinstatement and 1,288
may require an examination for reinstatement. 1,289
(C) THE APPROPRIATE SECTION OF THE BOARD MAY INVESTIGATE 1,291
ANY ALLEGED VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT 1,292
THERETO. If, AFTER ITS INVESTIGATION, A SECTION OF THE BOARD 1,293
DETERMINES THAT any person has engaged or is engaging in any 1,294
practice that violates this chapter or the rules adopted pursuant 1,295
thereto, the administrative THAT section of the board may apply 1,297
to the court of common pleas of the county in which the alleged 1,298
SECTION DETERMINED THAT THE violation occurred or is occurring 1,300
for an injunction or other appropriate relief to restrain the act 1,301
ENJOIN OR TERMINATE THE VIOLATION. 1,302
(D) Any person who wishes to make a complaint against a 1,304
person who holds a qualification certificate LICENSE shall submit 1,306
the complaint in writing to the appropriate section of the board 1,307
within one year after the date of the action or event upon which 1,308
the complaint is based. 1,309
Sec. 4740.12. (A) Except as otherwise provided in this 1,318
chapter, only a municipal corporation pursuant to section 715.27 1,319
of the Revised Code or a board of county commissioners pursuant 1,320
to section 3781.102 of the Revised Code shall regulate the 1,321
licensing of heating, ventilating, and air conditioning 1,322
contractors, refrigeration contractors, electrical contractors, 1,323
plumbing contractors, and hydronics contractors. 1,324
(B) Nothing in this chapter shall be construed to limit 1,326
the operation of any statute or rule of this state or any 1,327
ordinance or rule of any political subdivision, district, or 1,328
agency of the state that: 1,329
(1)(A) Regulates the installation, repair, maintenance, or 1,331
alteration of plumbing systems, electrical systems, heating, 1,332
ventilating, and air conditioning systems, or refrigeration 1,333
systems; 1,334
(2)(B) Requires the registration and assessment of a 1,336
registration or license fee of individuals who are engaged in the 1,337
28
business of TRADESPERSONS WHO PERFORM heating, ventilating, and 1,338
air conditioning, refrigeration, electrical, plumbing, or 1,340
hydronics contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, 1,341
REPAIR, OR MAINTENANCE.
Section 2. That existing sections 715.27, 3781.102, 1,343
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 1,344
4740.08, 4740.09, 4740.10, and 4740.12, and sections 4740.13 and 1,345
4740.99 of the Revised Code are hereby repealed. 1,346
Section 3. (A) On or before one hundred twenty days after 1,348
the effective date of this section, the Ohio Construction 1,349
Industry Examining Board shall send notice by regular mail to the 1,350
legislative authority of a municipal corporation and to the board 1,352
of county commissioners of every county that, prior to the 1,353
effective date of this section, provided for the licensing or 1,354
registration of heating, ventilating, and air conditioning 1,355
contractors, refrigeration contractors, plumbing contractors, 1,356
electrical contractors, or hydronics contractors, informing the 1,357
municipal corporation and board of county commissioners of the 1,358
provisions of this act.
(B) Within ninety days after the effective date of this 1,360
section, the board shall publish notice of the provisions of this 1,361
act in appropriate trade publications and in a newspaper of 1,362
general circulation in each of the nine most populous 1,363
metropolitan areas of this state, once a week for three 1,364
consecutive weeks.
Section 4. (A) The heating, ventilating, air 1,366
conditioning, and refrigeration section of the Ohio Construction 1,367
Industry Examining Board for heating, ventilating, and air 1,368
conditioning contractors and refrigeration contractors; the 1,369
plumbing section of the board for plumbing contractors; the 1,370
electrical section for electrical contractors; and both the 1,371
heating, ventilating, air conditioning, and refrigeration section 1,372
and the plumbing section for hydronics contractors shall issue a 1,373
license for those types of contractors, as appropriate, to any 1,375
29
individual who meets the criteria described in division (A) or 1,376
(B) of this section. 1,377
(B) The individual does all of the following: 1,379
(1) Applies to the appropriate section of the board within 1,381
seven months after the effective date of this section; 1,382
(2) Pays the appropriate fee determined pursuant to 1,384
section 4740.09 of the Revised Code; 1,385
(3) Has been actively engaged as a heating, ventilating, 1,387
and air conditioning contractor, refrigeration contractor, 1,388
plumbing contractor, electrical contractor, or hydronics 1,389
contractor, as applicable, in this state for at least three years 1,390
immediately prior to the effective date of this section; 1,391
(4) Furnishes business records or other evidence to verify 1,393
the experience required under division (C)(1)(c) of this section 1,394
to the satisfaction of the appropriate section of the board; 1,395
(5) Provides evidence of all of the following: 1,397
(a) Current contractor's liability insurance, including 1,399
without limitation, complete operations coverage, in the amount 1,400
of three hundred thousand dollars; 1,401
(b) Compliance with Chapters 4121. and 4123. of the 1,403
Revised Code; 1,404
(c) Compliance with any other applicable legal 1,406
requirements to do business in this state, as determined by the 1,407
board.
(C) The individual applies to the appropriate section of 1,409
the board within one year after the effective date of this 1,410
section, pays the appropriate fee determined pursuant to section 1,411
4740.09 of the Revised Code, and demonstrates that the individual 1,412
satisfies qualification requirements as the board determines, to 1,413
the board's satisfaction. 1,414
(D) A person who holds a valid and unexpired qualification 1,416
certificate issued prior to the effective date of this section 1,417
under Chapter 4740. of the Revised Code and who provides evidence 1,418
of current contractor's liability insurance, including, without 1,419
30
limitation, complete operations coverage, in the amount of three 1,420
hundred thousand dollars, shall be deemed by the Ohio 1,421
Construction Industry Examining Board as holding a license under 1,423
this act until the expiration date of the qualification
certificate. Thereafter, licensure renewal shall be in 1,425
accordance with Sections 1 and 2 of this act.
Section 5. Sections 1 and 2 of this act shall take effect 1,427
one hundred eighty days after the effective date of this section. 1,428
Section 6. In enacting this legislation, both of the 1,430
following are the intent of the General Assembly: 1,432
(A) That the provisions of this act are general laws 1,435
created in the exercise of the state's police power, arising out 1,436
of matters of statewide concern, and are designed for the health, 1,437
safety, and welfare of contractors, their employees, and the 1,438
public;
(B) That the provisions of this act eliminate duplicative 1,440
bureaucracies to create a system under which an affected 1,441
contractor may obtain a single license to permit the contractor 1,442
to do business in all parts of this state and to obtain 1,443
authorization to do business in other states.