As Reported by House Commerce and Labor Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 434 5
1999-2000 6
REPRESENTATIVES BUEHRER-CATES-HOOPS-MOTTLEY-NETZLEY-OLMAN- 7
TRAKAS-KRUPINSKI-CORBIN-VERICH-ROBINSON-WILLIAMS-HARRIS 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
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cleaners AND CONTRACTORS WHO DO NOT HOLD A VALID AND UNEXPIRED 50
LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF THE REVISED CODE. 51
(B)(1) Except as provided in division (B)(2) of this 53
section, a municipal corporation may, pursuant to division (A)(3) 54
of this section, require all heating, ventilating, and air 55
conditioning contractors, refrigeration contractors, electrical 56
contractors, plumbing contractors, and hydronics contractors to 57
successfully complete an examination, test, or demonstration of 58
technical skills and may impose a fee and additional requirements 59
for a license or registration to engage in their respective 60
occupations within the jurisdiction of the municipal corporation. 61
(2) No municipal corporation shall require any heating, 63
ventilating, and air conditioning contractor, refrigeration 64
contractor, electrical contractor, plumbing contractor, or 65
hydronics contractor who has HOLDS a valid and unexpired 66
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 68
4740. OF THE REVISED CODE to successfully complete an 69
examination, test, or demonstration of technical skills in order 71
to receive a license or registration to engage in his respective 72
business, except that a THE TYPE OF CONTRACTING FOR WHICH THE 74
LICENSE IS HELD, WITHIN THE municipal corporation that has 75
adopted, on or before the effective date of this amendment, a 76
heating, ventilating, and air conditioning, or refrigeration, 78
electrical, hydronics, or plumbing code which is not in conflict 79
with Chapter 3781. or 3791. of the Revised Code or rules adopted 80
thereunder, may require a contractor who holds a valid and 81
unexpired qualification certificate to successfully complete an 82
examination or test only in those areas that differ from 83
requirements established under Chapters 3781. and 3791. of the 84
Revised Code and rules adopted thereunder. 85
(3) A municipal corporation may impose a fee and 87
additional requirements for licensure or (C) FOR registration of 89
an individual A CONTRACTOR who holds a valid and unexpired 90
qualification certificate in order for LICENSE ISSUED PURSUANT TO 92
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CHAPTER 4740. OF THE REVISED CODE, BEFORE that individual to 94
CONTRACTOR MAY engage in his respective business THE TYPE OF 96
CONTRACTING FOR WHICH THE LICENSE IS HELD within the municipal 97
corporation, A MUNICIPAL CORPORATION MAY IMPOSE A FEE, provided 98
that the fee and additional requirements are IS the same for all 99
individuals CONTRACTORS who wish to engage in that business TYPE 101
OF CONTRACTING AND MAY REQUIRE A BOND AND PROOF OF ALL OF THE 102
FOLLOWING:
(1) INSURANCE PURSUANT TO DIVISION (B)(4) OF SECTION 104
4740.06 OF THE REVISED CODE; 105
(2) COMPLIANCE WITH CHAPTERS 4121. AND 4123. OF THE 107
REVISED CODE;
(3) REGISTRATION WITH THE TAX DEPARTMENT OF THE MUNICIPAL 109
CORPORATION. If 110
IF a municipal corporation imposes such a fee or additional 113
requirements REQUIRES A BOND OR PROOF OF THE ITEMS LISTED IN 114
DIVISIONS (C)(1), (2), AND (3) OF THIS SECTION, the municipal 116
corporation immediately shall permit an individual A CONTRACTOR 117
who presents proof of holding a valid and unexpired qualification 118
certificate and who LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF 120
THE REVISED CODE, pays the required fee and satisfies all 122
additional requirements imposed by the municipal corporation, 123
OBTAINS A BOND, AND SUBMITS THE REQUIRED PROOF UNDER DIVISIONS 125
(C)(1), (2), AND (3) OF THIS SECTION to engage in his respective 126
business THE TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD, 127
within the municipal corporation. 129
(C) As used in this section, "heating, ventilating, and 131
air conditioning contractor," "refrigeration contractor," 132
"electrical contractor," "plumbing contractor," "hydronics 133
contractor," and "qualification certificate" have the same 134
meanings as those terms are defined in section 4740.01 of the 135
Revised Code 136
(D) A MUNICIPAL CORPORATION MAY REVOKE THE REGISTRATION OF 138
A CONTRACTOR REGISTERED WITH THAT MUNICIPAL CORPORATION FOR GOOD 139
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CAUSE SHOWN. GOOD CAUSE SHOWN INCLUDES THE FAILURE OF A 140
CONTRACTOR TO MAINTAIN A BOND OR THE ITEMS LISTED IN DIVISIONS 142
(C)(1), (2), AND (3) OF THIS SECTION, IF THE MUNICIPAL
CORPORATION REQUIRES THOSE. 143
Sec. 3781.102. (A) Any county or municipal building 152
department certified pursuant to division (E) of section 3781.10 153
of the Revised Code as of September 14, 1970, and which was THAT, 155
as of such THAT date, WAS inspecting single-family, two-family, 157
and three-family residences, and any township building department 158
certified pursuant to division (E) of section 3781.10 of the 159
Revised Code, is hereby declared to be certified to inspect 160
single-family, two-family, and three-family residences containing 161
industrialized units, and such building department shall inspect 162
such THE buildings or classes of buildings subject to the 163
provisions of division (E) of section 3781.10 of the Revised 165
Code.
(B) Except as limited by division (C) of this section, 167
each board of county commissioners may adopt, by resolution, 168
rules establishing standards and providing for the licensing of 169
electrical and heating, ventilating, and air conditioning 170
contractors. 171
Rules adopted by a board of county commissioners pursuant 173
to this division may be enforced within the unincorporated areas 174
of the county and within any municipal corporation where the 175
legislative authority of the municipal corporation has contracted 176
with the board for the enforcement of the county rules within the 177
municipal corporation pursuant to section 307.15 of the Revised 178
Code. The rules shall not conflict with rules adopted by the 179
board of building standards pursuant to section 3781.10 of the 180
Revised Code or by the department of commerce pursuant to Chapter 181
3703. of the Revised Code. This division does not impair or 182
restrict the power of municipal corporations under Section 3 183
Article XVIII, Ohio Constitution, to adopt rules concerning the 185
erection, construction, repair, alteration, and maintenance of 186
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buildings and structures or of establishing standards and
providing for the licensing of electrical and heating, 187
ventilating, and air conditioning contractors pursuant to section 188
715.27 of the Revised Code. 189
(C)(1) Except as provided in division (C)(2) of this 191
section, a board of county commissioners, pursuant to division 192
(B) of this section, may require all electrical contractors and 193
heating, ventilating, and air conditioning contractors to 194
successfully complete an examination, test, or demonstration of 195
technical skills and may impose a fee and additional requirements 196
for a license to engage in their respective occupations within 197
the jurisdiction of the board's rules under division (B) of this 198
section. 199
(2) No board of county commissioners shall require any 201
electrical contractor or heating, ventilating, and air 202
conditioning contractor who has HOLDS a valid and unexpired 203
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 205
4740. OF THE REVISED CODE to successfully complete an 207
examination, test, or demonstration of technical skills in order 208
to receive a license to engage in the contractor's respective 210
business, except that a board that has adopted, on or before July 211
31, 1992, a heating, ventilating, and air conditioning, or 213
refrigeration, electrical, hydronics, or plumbing code which is 214
not in conflict with Chapter 3781. or 3791. of the Revised Code 215
or rules adopted thereunder, may require a contractor who holds a 216
valid and unexpired qualification certificate to successfully 217
complete an examination or test only in those areas that differ 218
from requirements established under Chapters 3781. and 3791. of 219
the Revised Code and rules adopted thereunder TYPE OF CONTRACTING 221
FOR WHICH THE LICENSE IS HELD, WITHIN THE UNINCORPORATED AREAS OF 222
THE COUNTY AND WITHIN ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE 223
AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF 224
COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO 225
SECTION 307.15 OF THE REVISED CODE. 227
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(3)(C) A board may impose a fee and additional 229
requirements for licensure REGISTRATION of an individual A 231
CONTRACTOR who holds a valid and unexpired qualification 233
certificate, in order for LICENSE ISSUED PURSUANT TO CHAPTER 234
4740. OF THE REVISED CODE BEFORE that individual to CONTRACTOR 235
MAY engage in the individual's respective business TYPE OF 236
CONTRACTING FOR WHICH THE LICENSE IS HELD within the jurisdiction 238
of the board's rules under division (B) of this section 239
UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY MUNICIPAL 241
CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED WITH THE 242
BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN THE 243
MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE REVISED 244
CODE, provided that the fee and additional requirements are IS 246
the same for all individuals CONTRACTORS who wish to engage in 248
the business THAT TYPE OF CONTRACTING. If the A board imposes 249
such a fee or additional requirements, the board immediately 250
shall permit an individual A CONTRACTOR who presents proof of 251
holding a valid and unexpired qualification certificate LICENSE 253
and who pays the required fee and satisfies all additional 255
requirements imposed by the board to engage in the individual's 256
respective business TYPE OF CONTRACTING FOR WHICH THE LICENSE IS 258
HELD within the jurisdiction of the board's rules under division 260
(B) of this section UNINCORPORATED AREAS OF THE COUNTY AND WITHIN 261
ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS 262
CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY 263
REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO SECTION
307.15 OF THE REVISED CODE. 264
(D) As used in this section, "electrical contractor," 266
"heating, ventilating, and air conditioning contractor," and 267
"qualification certificate" have the same meanings as in section 268
4740.01 of the Revised Code. 269
(E) The political subdivision associated with each 271
municipal, township, and county building department certified by 272
the board of building standards pursuant to division (E) of 273
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section 3781.10 of the Revised Code may prescribe fees to be paid 274
by persons, political subdivisions, or any department, agency, 275
board, commission, or institution of the state, for the 276
acceptance and approval of plans and specifications, and for the 277
making of inspections, pursuant to sections 3781.03 and 3791.04 278
of the Revised Code. 279
(F)(E) Each political subdivision that prescribes fees 281
pursuant to division (E)(D) of this section shall collect, on 283
behalf of the board of building standards, a fee equal to three 285
per cent of such fees. The board shall adopt rules, in 286
accordance with Chapter 119. of the Revised Code, specifying the 287
manner in which the fee assessed pursuant to this division shall 288
be collected and remitted monthly to the board. The board shall 289
pay the fee assessed pursuant to this division into the state 290
treasury to the credit of the industrial compliance operating 291
fund created in section 121.084 of the Revised Code. 292
All money credited to the fund under this division shall be 294
used exclusively for both of the following: 295
(1) Operating costs of the board; 297
(2) Providing services, including educational programs, 299
for the building departments that are certified by the board 300
pursuant to division (E) of section 3781.10 of the Revised Code. 301
Sec. 4740.01. As used in this chapter: 310
(A) "Qualification certificate LICENSE" means a 312
certificate LICENSE issued by the Ohio construction industry 315
examining board to an individual or business entity as a heating, 316
ventilating, and air conditioning contractor, refrigeration 317
contractor, electrical contractor, plumbing contractor, or 318
hydronics contractor.
(B) "Heating, ventilating, and air conditioning 320
contractor" means any individual OR BUSINESS ENTITY who assumes 321
responsible charge, supervision, or direction of persons engaged 323
in SATISFIES BOTH OF THE FOLLOWING: 324
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 327
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RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF heating, 328
ventilating, and air conditioning contracting, or CONSTRUCTION, 329
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 330
PROJECT AND who engages in, offers to engage in, IDENTIFIES, 333
advertises, or otherwise HOLDS OUT OR represents that he THE 335
INDIVIDUAL OR BUSINESS ENTITY is permitted OR QUALIFIED to engage 337
in the design of, planning of, superintending of, contracting 338
for, or responsible charge PERFORM, DIRECT, SUPERVISE, OR HAVE 339
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of heating, 342
ventilating, and air conditioning contracting CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 343
PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 345
AND WHO ARE TRAINED TO PERFORM HEATING, VENTILATING, AND AIR 346
CONDITIONING CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 347
MAINTENANCE ON A CONSTRUCTION PROJECT.
(C) "Refrigeration contractor" means any individual OR 349
BUSINESS ENTITY who assumes responsible charge, supervision, or 351
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 352
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 354
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF refrigeration 355
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 356
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 358
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 360
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 361
or qualified to engage in the design of, planning of, 363
superintending of, contracting for, or responsible charge DIRECT, 364
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 365
MANNER of refrigeration contracting CONSTRUCTION, IMPROVEMENT, 366
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 367
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 369
AND WHO ARE TRAINED TO PERFORM REFRIGERATION CONSTRUCTION, 370
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 371
PROJECT.
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(D) "Electrical contractor" means any individual OR 373
BUSINESS ENTITY who assumes responsible charge, supervision, or 375
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 376
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 378
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF electrical 379
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 380
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 382
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 384
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 385
or qualified to engage in the design of, planning of, 387
superintending of, contracting for, or responsible charge DIRECT, 388
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 389
MANNER of electrical contracting CONSTRUCTION, IMPROVEMENT, 390
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 391
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 393
AND WHO ARE TRAINED TO PERFORM ELECTRICAL CONSTRUCTION, 394
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 395
PROJECT. As
AS used in this division CHAPTER, "electrical contracting" 399
does not include the construction, installation, alteration 400
IMPROVEMENT, RENOVATION, repair, OR maintenance, or service of 401
any fire OF THE FOLLOWING SYSTEMS USING LESS THAN FIFTY VOLTS: 402
(a) FIRE alarm or burglar alarm; 404
(b) TELE-DATA; 406
(c) CABLING; 408
(d) SOUND; 410
(e) COMMUNICATION; 412
(f) LANDSCAPE LIGHTING AND IRRIGATION. 414
(E) "Plumbing contractor" means any individual OR BUSINESS 416
ENTITY who assumes responsible charge, supervision, or direction 418
of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 419
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 421
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF plumbing 422
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 423
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MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 425
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 426
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 429
or qualified to engage in the design of, planning of,
superintending of, contracting for, or responsible charge DIRECT, 431
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 432
MANNER of plumbing CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, 433
OR MAINTENANCE ON A CONSTRUCTION PROJECT; 434
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 436
AND WHO ARE TRAINED TO PERFORM PLUMBING CONSTRUCTION, 437
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 438
PROJECT.
(F) "Hydronics contractor" means any individual OR 440
BUSINESS ENTITY who assumes responsible charge, supervision, or 441
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 442
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 444
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF hydronics 445
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 446
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 447
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 450
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 451
or qualified to engage in the design of, planning of, 453
superintending of, contracting for, or responsible charge DIRECT, 454
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 455
MANNER of hydronics contracting CONSTRUCTION, IMPROVEMENT, 456
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 457
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 459
AND WHO ARE TRAINED TO PERFORM HYDRONICS CONSTRUCTION, 460
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 461
PROJECT.
(G) As used in this section, "contracting" means the 463
engagement of a person under any written or verbal contract, 464
agreement, or understanding, whereby such person provides 465
services or materials which are subject to examination under this 466
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chapter "CONTRACTOR" MEANS A HEATING, VENTILATING, AND AIR 467
CONDITIONING CONTRACTOR, A REFRIGERATION CONTRACTOR, AN 468
ELECTRICAL CONTRACTOR, A PLUMBING CONTRACTOR, OR A HYDRONICS 469
CONTRACTOR. 470
(H) "TRADESPERSON" MEANS AN INDIVIDUAL WHO, FOR 473
COMPENSATION, ENGAGES IN CONSTRUCTION, IMPROVEMENT, RENOVATION, 474
REPAIR, OR MAINTENANCE OF BUILDINGS OR STRUCTURES WITHOUT 475
ASSUMING RESPONSIBILITY FOR THE MEANS, METHOD, OR MANNER OF THAT 476
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 477
(I) "CONSTRUCTION PROJECT" MEANS A CONSTRUCTION PROJECT 479
INVOLVING A BUILDING OR STRUCTURE THAT IS SUBJECT TO CHAPTER 481
3781. OF THE REVISED CODE AND THE RULES ADOPTED UNDER THAT 482
CHAPTER, BUT NOT INCLUDING ANY OF THE FOLLOWING BUILDINGS OR 484
STRUCTURES:
(1) A ONE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING 486
HOUSE OR AN ACCESSORY STRUCTURE INCIDENTAL TO THAT DWELLING 487
HOUSE;
(2) AN INDUSTRIALIZED UNIT AS DEFINED IN DIVISION (C)(3) 489
OF SECTION 4781.06 OF THE REVISED CODE; 490
(3) A BUILDING OR STRUCTURE CONSTRUCTED PURSUANT TO RULES 492
ADOPTED UNDER SECTION 3781.181 OR 3781.21 OF THE REVISED CODE. 493
Sec. 4740.02. (A) There is hereby created WITHIN THE 502
DEPARTMENT OF COMMERCE, the Ohio construction industry examining 504
board, consisting of seventeen residents of this state. The 505
board shall consist of an administrative section, a plumbing 506
section, an electrical section, and a heating, ventilating, air 507
conditioning, and refrigeration section. The director of 509
commerce shall appoint all members of the board. The director or 510
his THE DIRECTOR'S designee shall serve as a member of the 511
administrative section and the director shall appoint to the 513
administrative section, one member who is a representative of the 514
public who is not a member of any group certified by ANY SECTION 516
OF the board. The plumbing, electrical, and heating, 518
ventilating, air conditioning, and refrigeration sections each 519
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shall annually elect a member of each THEIR OWN respective 520
section to serve a one-year term on the administrative section. 521
(B) The plumbing section shall consist of five members, 523
four of whom are plumbing contractors, and one of whom is an 524
employee of A PLUMBING INSPECTOR EMPLOYED BY the department of 526
commerce other than the director or his designee who serves as a 527
member of the administrative section. Of the four plumbing 529
members, two shall be engaged in plumbing contracting and shall 530
represent unions representing plumbers and, A MUNICIPAL 531
CORPORATION, OR A HEALTH DISTRICT, two shall OF WHOM ARE PLUMBING 533
CONTRACTORS WHO have no affiliation with any union representing 535
plumbers, AND TWO OF WHOM ARE PLUMBING CONTRACTORS WHO ARE 536
SIGNATORIES TO AGREEMENTS WITH UNIONS REPRESENTING PLUMBERS. 538
(C) The electrical section shall consist of five members, 540
one of whom is a municipal building AN electrical inspector 541
EMPLOYED BY THE DEPARTMENT OF COMMERCE, A MUNICIPAL CORPORATION, 543
OR A COUNTY, two of whom are electrical contractors and who have 544
no affiliation with any union representing electricians, and two 545
of whom are electrical contractors and who represent ARE 546
SIGNATORIES TO AGREEMENTS WITH unions representing electricians. 548
(D) The heating, ventilating, air conditioning, and 550
refrigeration section shall consist of five members, one of whom 551
is a municipal heating, ventilating, air conditioning, and 552
refrigeration inspector EMPLOYED BY EITHER THE DEPARTMENT OF 553
COMMERCE OR A MUNICIPAL CORPORATION; two of whom are heating, 554
ventilating, and air conditioning CONTRACTORS or refrigeration 555
contractors and who have no affiliation with any union 557
representing persons engaged in heating, ventilating, and air 558
conditioning TRADESPERSONS or refrigeration contracting 560
TRADESPERSONS; and two of whom are heating, ventilating, and air 561
conditioning CONTRACTORS or refrigeration contractors and who 562
represent ARE SIGNATORIES TO AGREEMENTS WITH unions representing 564
heating, ventilating, and air conditioning TRADESPERSONS or 565
refrigeration contractors TRADESPERSONS. 566
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(E) Within ninety days after July 31, 1992, initial 568
appointments shall be made to the board. Of the initial 570
appointments to the board, two appointments in each section, 571
other than the administrative section, are for terms ending one 572
year after July 31, 1992, and two are for terms ending two years 575
after July 31, 1992. All other appointments to the board are for 577
terms ending three years after July 31, 1992. Thereafter, terms 579
of office are for three years, each term ending on the same day 580
of the same month of the year as did the term that it succeeds. 581
Each member shall hold office from the date of his appointment 582
until the end of the term for which he THE MEMBER was appointed. 583
Members may be reappointed. Vacancies shall be filled in the 585
manner provided for original appointments. Any member appointed 586
to fill a vacancy occurring prior to the expiration date of the 587
term for which his THE MEMBER'S predecessor was appointed shall 588
hold office as a member for the remainder of that term. A member 590
shall continue in office subsequent to the expiration date of his 591
THE MEMBER'S term until his THE MEMBER'S successor takes office 592
or until a period of sixty days has elapsed, whichever occurs 594
first.
(F) Before entering upon the discharge of his OFFICIAL 596
duties, each member shall take, and file with the secretary of 598
state, the oath of office required by Section 7 of Article XV, 599
Ohio Constitution.
(G) Each member of the board, except for the director or 601
the designee the director appoints under division (A) of this 602
section, and the employee of the department of commerce the 603
director appoints under division (B) of this section, shall 604
receive a per diem amount fixed pursuant to section 124.15 of the 605
Revised Code when actually attending to matters of the board and 606
for the time spent in necessary travel, and all actual and 607
necessary expenses incurred in the discharge of his OFFICIAL 608
duties. 609
(H) The director of commerce may remove any member of the 612
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board he THE DIRECTOR appoints for malfeasance, misfeasance, or 613
nonfeasance. 614
(I) Membership on the board and holding an ANY office of 616
the board does not constitute the holding of a public office or 617
employment within the meaning of any section of the Revised Code, 618
or an interest, either direct or indirect, in a contract or 619
expenditure of money by the state or any municipal corporation, 620
township, special district, school district, county, or other 621
political subdivision. No member or officer of the board is 622
disqualified from holding any public office or employment nor 623
shall the officer or member forfeit any PUBLIC office or 624
employment by reason of his HOLDING A position as an officer or 625
member of the board. 626
(J) The board is part of the department of commerce for 628
administrative purposes, AND EACH SECTION OF THE BOARD, SHALL 630
MEET ONLY AFTER ADEQUATE ADVANCE NOTICE OF THE MEETING HAS BEEN 631
GIVEN TO EACH MEMBER OF THE BOARD OR SECTION, AS APPROPRIATE. 632
Sec. 4740.03. (A) The administrative section of the Ohio 641
construction industry examining board annually shall elect from 642
among its members a chairperson and other officers as the board, 644
by rule, designates. The chairperson shall preside over meetings 645
of the administrative section or designate another member to 646
preside in the chairperson's absence. The administrative section 647
shall hold at least two regular meetings each year, but may meet 649
at additional times as specified by rule, at the call of the 650
chairperson, or upon the request of two or more members. A 651
majority of the members OF THE ADMINISTRATIVE SECTION constitutes 653
a quorum for the transaction of all business. The administrative 654
section may not take any action without the concurrence of AT 655
LEAST three OF ITS members.
(B)(1) The administrative section shall employ a 657
secretary, who is not a member of the board, to serve at the 658
pleasure of the ADMINISTRATIVE section, and shall fix the 659
compensation of the secretary. THE SECRETARY SHALL BE IN THE 661
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UNCLASSIFIED CIVIL SERVICE OF THE STATE. 662
(2) The secretary shall do all of the following: 664
(a) Keep OR SET STANDARDS FOR AND DELEGATE TO ANOTHER 666
PERSON THE KEEPING OF the minutes, books, and other records and 667
files of the board and each section of the board; 668
(b) Issue all qualification certificates in the name of 670
the board;
(c) Send out all notices, INCLUDING ADVANCE NOTICES OF 672
MEETINGS OF THE BOARD AND EACH SECTION OF THE BOARD, and attend 673
to all correspondence of the board and each section OF THE BOARD, 675
under the direction of the administrative section; 676
(d) Receive and deposit all fees payable pursuant to this 678
chapter into the construction industry examining fund created 679
pursuant to section 4740.11 of the Revised Code; 680
(e) Perform all other duties incidental to the office of 682
the secretary or properly assigned to the secretary by the 684
administrative section of the board. 686
(3) Before entering upon the discharge of the duties of 688
the secretary, the secretary shall file with the treasurer of 690
state a bond in the sum of five thousand dollars, payable to the 691
state, to ensure the faithful performance of the secretary's 692
duties. The board shall pay the premium of the bond in the same 694
manner as it pays other expenditures of the board. 695
(C) Upon the request of the administrative section of the 697
board, the director of commerce shall supply the board and its 699
sections with personnel, office space, and supplies, as the 700
director determines appropriate. THE ADMINISTRATIVE SECTION OF 701
THE BOARD SHALL EMPLOY ANY ADDITIONAL STAFF IT CONSIDERS 702
NECESSARY AND APPROPRIATE.
(D) The chairperson of the board or the secretary, or 704
both, as authorized by the board, shall approve all vouchers of 706
the board. 707
Sec. 4740.04. The administrative section of the Ohio 716
construction industry examining board is responsible for the 717
16
administration of this chapter and shall do all of the following: 718
(A) Schedule, administer, and supervise the examinations 720
for qualification certificates for heating, ventilating, and air 721
conditioning contractors, refrigeration contractors, electrical 722
contractors, plumbing contractors, and hydronics contractors, as 723
directed by the heating, ventilating, air conditioning, and 724
refrigeration section, the electrical section, and the plumbing 725
APPLICABLE section OF THE BOARD. The administrative section 727
shall conduct the SCHEDULE examinations TO BE HELD at least four 729
times per year.
(B) SELECT AND CONTRACT WITH ONE OR MORE PERSONS TO DO ALL 731
OF THE FOLLOWING RELATIVE TO THE EXAMINATIONS DESCRIBED IN 732
DIVISION (A) OF THIS SECTION: 733
(1) PREPARE, ADMINISTER, SCORE, AND MAINTAIN THE 735
CONFIDENTIALITY OF THE EXAMINATIONS; 736
(2) BE RESPONSIBLE FOR ALL THE EXPENSES REQUIRED TO 738
FULFILL DIVISION (B)(1) OF THIS SECTION; 740
(3) CHARGE AN APPLICANT A FEE, IN AN AMOUNT AUTHORIZED BY 742
THE ADMINISTRATIVE SECTION OF THE BOARD, FOR ADMINISTERING THE 743
EXAMINATION; 744
(4) DESIGN THE EXAMINATION FOR EACH TYPE OF CONTRACTOR TO 746
DETERMINE AN APPLICANT'S COMPETENCE TO PERFORM THE TYPE OF 747
CONTRACTING FOR WHICH THE APPLICANT IS SEEKING LICENSURE. 749
(C) Issue qualification certificates AND RENEW LICENSES to 752
individuals who have attained at least the minimum score on an 754
examination prepared AUTHORIZED by the plumbing section for 755
plumbing contractors, the electrical section for electrical 757
contractors, the heating, ventilating, air conditioning, and 758
refrigeration section for heating, ventilating, and air 759
conditioning contractors and refrigeration contractors, and both 760
the heating, ventilating, air conditioning, and refrigeration and 761
plumbing sections for hydronics contractors, ON THE CONDITION 763
THAT THE APPROPRIATE SECTION OF THE BOARD DETERMINES THAT THE 764
INDIVIDUAL ALSO IS QUALIFIED AS REQUIRED BY SECTION 4740.06 OF 765
17
THE REVISED CODE TO HOLD A LICENSE; 766
(C) Suspend, revoke, or refuse to issue or renew 768
qualification certificates as directed by the plumbing section 769
for plumbing contractors; the electrical section for electrical 770
contractors; the heating, ventilating, air conditioning, and 771
refrigeration section for heating, ventilating, and air 772
conditioning contractors and refrigeration contractors; and both 773
the heating, ventilating, air conditioning, and refrigeration and 774
plumbing sections for hydronics contractors; 775
(D) Make an annual written report to the director of 777
commerce on proceedings had by or before the board for the 779
previous year and make an annual statement of all money received 780
and expended by the board during the year;
(E) Keep a record containing the name, address, the date 782
on which the board issues or renews a qualification certificate 783
LICENSE to, and the qualification certificate LICENSE number of, 785
every heating, ventilating, and air conditioning contractor, 787
refrigeration contractor, electrical contractor, plumbing 788
contractor, and hydronics contractor issued a qualification 789
certificate LICENSE pursuant to this chapter; 791
(F) REGULATE A CONTRACTOR'S USE AND DISPLAY OF A LICENSE 793
ISSUED PURSUANT TO THIS CHAPTER AND OF ANY INFORMATION CONTAINED 794
IN THAT LICENSE. 795
(G) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 799
REVISED CODE AS NECESSARY TO PROPERLY DISCHARGE THE 801
ADMINISTRATIVE SECTION'S DUTIES UNDER THIS CHAPTER. 802
(H) Keep a record of its proceedings and do all things 804
necessary to carry out this chapter. 805
Sec. 4740.05. The heating, ventilating, air conditioning, 814
and refrigeration section of the Ohio construction industry 815
examining board for heating, ventilating, and air conditioning 816
contractors and refrigeration contractors; the plumbing section 817
of the board for plumbing contractors; the electrical section for 818
electrical contractors; and both the heating, ventilating, air 819
18
conditioning, and refrigeration and the plumbing sections for 820
hydronics contractors, shall do all of the following: 821
(A) Adopt rules in accordance with Chapter 119. of the 823
Revised Code as this chapter relates to their respective 824
sections. The rules shall be limited to the following: 825
(1) Application procedures for examinations; 827
(2) Approval of a third party to prepare, administer, and 829
score the examination. The approved third party shall be 830
responsible for all expenses associated with the preparation, 831
administration, and scoring of the examination and may charge the 832
applicant for a qualification certificate a fee for such 833
expenses. The examination for each type of contractor certified
pursuant to this chapter shall be substantially uniform and 835
designed so as to establish the competence and qualifications of 836
the applicant in the subjects pertinent to the particular 837
business for which the applicant seeks a qualification 838
certificate.
(3) Selection and approval of courses to meet the 840
continuing education requirements for renewal of a qualification 841
certificate, which requirements shall be no more than thirty 842
course hours over a three-year period for an individual who holds 843
one or more qualification certificates issued pursuant to section 844
4740.06 or 4740.08 of the Revised Code; 845
(4) Issuance of or refusal to issue qualification 847
certificates to qualified individuals and suspension or 848
revocation of qualification certificates of unqualified 849
individuals SPECIFICATIONS CONCERNING CONTINUING EDUCATION 850
REQUIREMENTS FOR LICENSE RENEWAL THAT ADDRESS ALL OF THE 852
FOLLOWING:
(a) CRITERIA FOR SELECTING AND APPROVING COURSES AND 855
PERSONS TO PROVIDE THOSE COURSES;
(b) A SPECIFICATION THAT INDIVIDUALS HOLDING A VALID AND 858
UNEXPIRED LICENSE BE REQUIRED TO ACCRUE NO MORE THAN THIRTY HOURS 859
OF CONTINUING EDUCATION COURSES OVER A PERIOD OF THREE YEARS; 860
19
(c) A REQUIREMENT THAT PERSONS SEEKING APPROVAL TO PROVIDE 863
CONTINUING EDUCATION COURSES SUBMIT INFORMATION REGARDING THE 864
COURSES TO THE APPROPRIATE SECTION OF THE BOARD FOR APPROVAL NOT 865
LESS THAN NINETY DAYS NOR MORE THAN ONE YEAR PRIOR TO THE DATE ON 866
WHICH THE COURSES ARE OFFERED, UNLESS A SECTION OF THE BOARD 867
PERMITS SUBMISSION AT A DIFFERENT TIME; 868
(d) A PROHIBITION AGAINST ANY PERSON PROVIDING A COURSE 871
FOR THE PURPOSE OF MEETING CONTINUING EDUCATION REQUIREMENTS 872
UNLESS, NOT MORE THAN ONE YEAR PRIOR TO THE DATE THE COURSE IS 873
OFFERED, THE PERSON HAS BEEN APPROVED BY THE APPROPRIATE SECTION 874
OF THE BOARD TO PROVIDE THAT COURSE; 875
(e) A PROVISION LIMITING APPROVAL OF CONTINUING EDUCATION 878
COURSES TO ONE YEAR;
(f) A PROVISION ESTABLISHING THE FOLLOWING ANNUAL FEES, TO 881
BE PAID TO THE BOARD BY PERSONS APPROVED TO PROVIDE CONTINUING 882
EDUCATION COURSES:
(i) FOR THE APPROVAL OF EACH CONTINUING EDUCATION COURSE, 885
NOT MORE THAN TEN DOLLARS PLUS ONE DOLLAR PER CREDIT HOUR; 886
(ii) FOR THE APPROVAL OF EACH PERSON PROVIDING CONTINUING 889
EDUCATION COURSES, TWENTY-FIVE DOLLARS. 890
(3) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 892
EVALUATING THE QUALIFICATIONS OF AN INDIVIDUAL; 893
(4) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 895
DECIDING WHETHER TO ISSUE, RENEW, SUSPEND, REVOKE, OR REFUSE TO 896
ISSUE OR RENEW A LICENSE; 897
(5) Determinations and approvals made under the 899
reciprocity provision of section 4740.08 of the Revised Code. 900
(B) Investigate all allegations in reference to violations 902
of this chapter and the rules adopted pursuant thereto PERTAINING 903
TO THE SECTION and determine by rule a procedure for 905
investigations and hearings on these allegations; 906
(C) Keep MAINTAIN a record of its proceedings and; 909
(D) GRANT APPROVAL TO PERSONS TO OFFER CONTINUING 911
EDUCATION COURSES PURSUANT TO RULES ADOPTED UNDER DIVISION (A)(2) 913
20
OF THIS SECTION;
(E) AS REQUIRED, do all things necessary to carry out this 916
chapter.
(F) THE ELECTRICAL SECTION OF THE OHIO CONSTRUCTION 918
INDUSTRY EXAMINING BOARD MAY ADOPT RULES IN ACCORDANCE WITH 919
CHAPTER 119. OF THE REVISED CODE TO PROVIDE PROCEDURES FOR 920
EXAMINATION, CERTIFICATION, LICENSURE, AND CONTINUING EDUCATION 921
OF A LOW-VOLTAGE CONTRACTOR, LIMITED TO A SINGLE ELECTRICAL 922
SUBLICENSE SPECIFICALLY FOR WORK INCLUDING BURGLAR ALARM SYSTEMS
AND FIRE ALARM SYSTEMS, IF THE WORK IS PERFORMED ON A COMMERCIAL 923
BUILDING.
Sec. 4740.051. NO PERSON SHALL ACT AS OR CLAIM TO BE A 925
HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR, 926
REFRIGERATION CONTRACTOR, PLUMBING CONTRACTOR, ELECTRICAL 927
CONTRACTOR, OR HYDRONICS CONTRACTOR UNLESS THAT PERSON HOLDS OR 928
HAS BEEN ASSIGNED A LICENSE ISSUED PURSUANT TO THIS CHAPTER FOR 930
THE TYPE OF CONTRACTOR THAT PERSON IS ACTING AS OR CLAIMING TO 931
BE.
Sec. 4740.06. (A) Any person INDIVIDUAL who applies for a 941
qualification certificate LICENSE shall file a written
application with the appropriate section of the Ohio construction 943
industry examining board, accompanied with the APPLICATION fee 944
set forth in AS DETERMINED PURSUANT TO section 4740.09 of the 946
Revised Code. The person INDIVIDUAL shall file the application 948
with the appropriate section not more than sixty days nor less 949
than thirty days prior to the date of the examination. The 950
application shall be on the form prescribed by the appropriate 951
section of the board and verified by the applicant's oath. It 952
shall contain information satisfactory to the appropriate section 953
showing that the applicant meets the requirements of division (B) 954
of this section.
(B) To receive a qualification certificate QUALIFY TO TAKE 956
THE EXAMINATION REQUIRED TO OBTAIN A LICENSE for a heating, 958
ventilating, and air conditioning contractor, refrigeration 959
21
contractor, electrical contractor, plumbing contractor, or 960
hydronics contractor, an individual shall: 961
(1) Be at least eighteen years of age; 963
(2) Be a United States citizen; 965
(3) Be of good moral character; 967
(4) Pass the examination given by the board in his 969
particular business and pay the required examination fee; 970
(5) Have the following experience in his particular 973
business:
(a) With respect to a heating, ventilating, and air 975
conditioning contractor or a refrigeration contractor, for a 976
continuous period of at least two years immediately preceding his 977
application for examination, be engaged in heating, ventilating, 978
and air conditioning contracting or refrigeration contracting, 979
respectively; 980
(b) With respect to an electrical contractor, for a 982
continuous period of at least two years immediately preceding his 983
application for examination, be engaged in electrical 984
contracting; 985
(c) With respect to a plumbing contractor, for a 987
continuous period of at least two years immediately preceding his 988
application for examination, be engaged in plumbing contracting; 989
(d) With respect to a hydronics contractor, for a 991
continuous period of at least two years immediately preceding his 992
application for examination, be engaged in hydronics contracting. 993
(6) Pay the applicable fee set forth in section 4740.09 of 995
the Revised Code for the issuance of a qualification certificate 996
EITHER HAVE BEEN A TRADESPERSON FOR THE TYPE OF CONTRACTOR FOR 998
WHICH THE APPLICATION IS FILED FOR NOT LESS THAN FIVE YEARS 999
IMMEDIATELY PRIOR TO THE DATE THE APPLICATION IS FILED, BE AN 1,000
ENGINEER, HAVE THREE YEARS OF BUSINESS EXPERIENCE IN THE 1,001
CONSTRUCTION INDUSTRY, OR HAVE OTHER EXPERIENCE ACCEPTABLE TO THE 1,002
SECTION OF THE BOARD THAT AUTHORIZES ISSUANCE OF THE TYPE OF 1,003
LICENSE SOUGHT;
22
(4) MAINTAIN CONTRACTOR'S LIABILITY INSURANCE, INCLUDING 1,005
WITHOUT LIMITATION, COMPLETE OPERATIONS COVERAGE, IN AN AMOUNT 1,006
DETERMINED BY THE APPROPRIATE SECTION OF THE BOARD; 1,007
(5) NOT HAVE DONE ANY OF THE FOLLOWING: 1,009
(a) BEEN CONVICTED OF OR PLEADED GUILTY TO A MISDEMEANOR 1,012
INVOLVING MORAL TURPITUDE OR OF ANY FELONY; 1,013
(b) VIOLATED THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO 1,016
THIS CHAPTER;
(c) OBTAINED OR RENEWED A LICENSE ISSUED PURSUANT TO THIS 1,019
CHAPTER, OR ANY ORDER, RULING, OR AUTHORIZATION OF THE BOARD OR A 1,020
SECTION OF THE BOARD BY FRAUD, MISREPRESENTATION, OR DECEPTION; 1,021
(d) ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,024
THE CONDUCT OF BUSINESS. 1,025
(C) If the applicant for LICENSURE AS a heating, 1,027
ventilating, and air conditioning contractor's CONTRACTOR, 1,029
refrigeration contractor's CONTRACTOR, electrical contractor's 1,031
CONTRACTOR, plumbing contractor's CONTRACTOR, or hydronics 1,032
contractor's qualification certificate CONTRACTOR meets the 1,033
qualifications set forth in division (B) of this section AND 1,035
PASSES THE REQUIRED EXAMINATION, the appropriate section of the 1,036
board, WITHIN NINETY DAYS AFTER THE APPLICANT FILED THE 1,037
APPLICATION, shall direct AUTHORIZE the administrative section of 1,039
the board to issue him a qualification certificate in LICENSE THE 1,042
APPLICANT FOR the business TYPE OF CONTRACTOR'S LICENSE for which 1,043
he THE APPLICANT qualifies. A SECTION OF THE BOARD MAY WITHDRAW 1,044
ITS AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,046
LICENSE FOR GOOD CAUSE SHOWN, ON THE CONDITION THAT NOTICE OF 1,047
THAT WITHDRAWAL IS GIVEN PRIOR TO THE ADMINISTRATIVE SECTION'S 1,048
ISSUANCE OF THE LICENSE. 1,049
(D) Each qualification certificate LICENSE issued under 1,051
this chapter expires one year after the date of issue, but each 1,052
person INDIVIDUAL holding a valid, unexpired qualification 1,054
certificate LICENSE may renew his certificate THE LICENSE, 1,056
without reexamination, by applying to the appropriate section of 1,058
23
the board within NOT MORE THAN ninety days of BEFORE the 1,059
expiration of his certificate THE LICENSE, and submitting with 1,060
his THE application the renewal fee set forth in AS DETERMINED 1,062
PURSUANT TO section 4740.09 of the Revised Code and proof of 1,064
compliance with the continuing education requirements for his 1,065
particular business APPLICABLE TO THAT CONTRACTOR. THE RENEWAL 1,066
APPLICATION SHALL CONTAIN INFORMATION SATISFACTORY TO THE 1,067
APPROPRIATE SECTION OF THE BOARD SHOWING THAT THE APPLICANT 1,068
CONTINUES TO MEET THE REQUIREMENTS OF DIVISION (B) OF THIS 1,069
SECTION. 1,070
THE APPROPRIATE SECTION OF THE BOARD MAY WAIVE ANY OF THE 1,072
REQUIREMENTS FOR RENEWAL OF A LICENSE UPON FINDING THAT THE 1,073
APPLICANT SUBSTANTIALLY HAS MET THE RENEWAL REQUIREMENTS AND THAT 1,075
FAILURE TO TIMELY APPLY FOR RENEWAL IS DUE TO EXCUSABLE NEGLECT. 1,076
IF, IN RENEWING A LICENSE, A SECTION OF THE BOARD WAIVES 1,077
REQUIREMENTS FOR RENEWAL, THAT SECTION MAY IMPOSE CONDITIONS UPON 1,078
THAT LICENSEE AND ASSESS A LATE FILING FEE OF NOT MORE THAN 1,079
DOUBLE THE USUAL RENEWAL FEE.
(E) AN INDIVIDUAL HOLDING A VALID AND UNEXPIRED LICENSE 1,082
MAY REQUEST THE SECTION OF THE BOARD THAT AUTHORIZED THE ISSUANCE 1,083
OF THAT LICENSE TO PLACE THE LICENSE IN INACTIVE STATUS UNDER 1,084
CONDITIONS AND FOR A PERIOD OF TIME AS DETERMINED BY THAT SECTION 1,086
OF THE BOARD.
(F) EXCEPT FOR THE NINETY-DAY EXTENSION PROVIDED FOR UNDER 1,089
DIVISION (D) OF SECTION 4740.07 OF THE REVISED CODE, A LICENSE 1,092
HELD BY AN INDIVIDUAL IMMEDIATELY TERMINATES UPON THE DEATH OF 1,093
THE INDIVIDUAL. 1,094
(G) NOTHING IN ANY LICENSE ISSUED BY THE OHIO CONSTRUCTION 1,097
INDUSTRY EXAMINING BOARD SHALL BE CONSTRUED TO LIMIT OR ELIMINATE
ANY REQUIREMENT OR ANY LICENSE ISSUED BY THE OHIO FIRE MARSHAL. 1,098
Sec. 4740.07. (A) Except as provided in this section, the 1,107
administrative section of the Ohio construction industry 1,108
examining board shall issue and renew all qualification 1,109
certificates LICENSES under section 4740.06 of the Revised Code 1,111
24
THIS CHAPTER in the name of the person INDIVIDUAL who meets the 1,113
qualifications REQUIREMENTS of and who takes the examination 1,115
required by that section 4740.06 OF THE REVISED CODE. 1,116
(B) Any person INDIVIDUAL may request, at the time of 1,118
applying for a qualification certificate LICENSE or at any time 1,120
thereafter, that his rights in the qualification certificate 1,122
INDIVIDUAL'S LICENSE be assigned to a business entity with whom 1,125
he THE INDIVIDUAL is associated as a full-time officer, 1,126
proprietor, partner, or employee. If the person INDIVIDUAL is 1,127
issued or holds a qualification certificate LICENSE and meets the 1,129
requirements of this section for the assignment of his rights in 1,131
the qualification certificate LICENSE to a business entity, the 1,133
administrative section shall assign the certificate holder's 1,134
rights LICENSE to and issue the qualification certificate A 1,136
LICENSE in the name of the business entity. The qualification 1,138
certificate LICENSE assigned and issued to a business entity 1,140
under this division shall state the name and position of the 1,141
person INDIVIDUAL who assigned his right in the qualification 1,143
certificate LICENSE to the business entity.
(C) During the period the A business entity holds the 1,145
qualification certificate A LICENSE issued under division (A)(B) 1,147
of this section, the administrative section shall not issue a 1,148
qualification certificate to the person INDIVIDUAL who assigned 1,150
his rights in the qualification certificate LICENSE to the 1,151
business entity ANOTHER LICENSE FOR THE SAME TYPE OF CONTRACTING 1,153
FOR WHICH THE ASSIGNED LICENSE IS UTILIZED BY THE BUSINESS 1,154
ENTITY.
(D)(1) If the person AN INDIVIDUAL who assigned his rights 1,157
in a qualification certificate LICENSE to a business entity 1,158
becomes disassociated CEASES TO BE ASSOCIATED with the business 1,160
entity FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEATH OF 1,161
THE INDIVIDUAL, the person INDIVIDUAL OR BUSINESS ENTITY 1,162
immediately shall notify the appropriate section of the board of 1,163
his disassociation THE DATE ON WHICH THE INDIVIDUAL CEASED TO BE 1,164
25
ASSOCIATED WITH THE BUSINESS ENTITY. A qualification certificate 1,165
LICENSE assigned to a business entity is invalid ninety days 1,168
after the disassociation DATE ON WHICH THE INDIVIDUAL WHO 1,169
ASSIGNED THE LICENSE CEASES TO BE ASSOCIATED WITH THE BUSINESS 1,170
ENTITY.
(2) IF A LICENSE ASSIGNED TO A BUSINESS ENTITY BECOMES 1,173
INVALID PURSUANT TO DIVISION (D)(1) OF THIS SECTION AND ANOTHER 1,175
INDIVIDUAL HAS ASSIGNED A LICENSE TO THE BUSINESS ENTITY FOR THE 1,176
SAME TYPE OF CONTRACTING FOR WHICH THE INVALIDATED LICENSE HAD 1,177
BEEN ASSIGNED, THE BUSINESS ENTITY MAY CONTINUE TO OPERATE UNDER 1,178
THE OTHER ASSIGNED LICENSE. 1,179
(E) Any work conducted by a business entity under a 1,181
qualification certificate LICENSE assigned under this section is 1,182
deemed to be conducted under the personal supervision of the 1,184
person INDIVIDUAL named in the qualification certificate LICENSE 1,186
and all violations of any terms of the qualification certificate 1,188
LICENSE are imputed DEEMED to HAVE BEEN COMMITTED BY the person 1,190
INDIVIDUAL named in the qualification certificate LICENSE. 1,191
FOR THE PERIOD OF TIME DURING WHICH MORE THAN ONE LICENSE 1,194
FOR THE SAME TYPE OF CONTRACTING IS ASSIGNED UNDER THIS SECTION 1,195
TO A BUSINESS ENTITY, ANY WORK CONDUCTED BY THE BUSINESS ENTITY 1,196
UNDER ANY OF THOSE LICENSES IS DEEMED TO BE CONDUCTED UNDER THE 1,197
PERSONAL SUPERVISION OF THE INDIVIDUALS NAMED IN EACH OF THE 1,198
LICENSES AND ALL VIOLATIONS OF ANY TERMS OF ANY OF THE LICENSES 1,199
ARE DEEMED TO HAVE BEEN COMMITTED BY THE INDIVIDUALS NAMED IN 1,200
EACH OF THE LICENSES. 1,201
(F) No person INDIVIDUAL who assigns his rights in a 1,203
qualification certificate LICENSE to a business entity under 1,205
division (B) of this section: 1,206
(1) Is eligible to receive a separate qualification 1,208
certificate in his name during the time the business entity holds 1,210
the certificate; 1,211
(2) Shall SHALL assign his rights in a qualification 1,214
certificate LICENSE FOR THE SAME TYPE OF CONTRACTING to a ANOTHER 1,216
26
business entity, if that assignment takes place within UNTIL 1,218
AFTER ninety days after the person becomes disassociated 1,219
INDIVIDUAL CEASES TO BE ASSOCIATED with a THE business entity to 1,221
whom the person INDIVIDUAL had previously assigned his rights to 1,223
a qualification certificate LICENSE.
(G) Any person INDIVIDUAL who assigns his rights in a 1,225
qualification certificate LICENSE to a business entity under this 1,227
section shall be actively engaged in the business AS THE TYPE OF 1,229
CONTRACTOR for which the qualification certificate LICENSE is 1,231
issued and be readily available for consultation with the 1,233
business entity to which the qualification certificate LICENSE is 1,235
assigned.
(H) No qualification certificate LICENSE assigned under 1,237
this section shall be used by ASSIGNED TO more than one business 1,238
entity at a time. 1,239
Sec. 4740.08. Upon application to the appropriate section 1,248
of the Ohio construction industry examining board and payment of 1,249
the fee specified in DETERMINED PURSUANT TO section 4740.09 of 1,250
the Revised Code for the issuance of a qualification certificate 1,252
LICENSE, the appropriate section of the board shall direct 1,254
AUTHORIZE the administrative section of the board to issue, 1,256
without examination, a qualification certificate LICENSE to an 1,257
individual registered, licensed, or certified in another state of 1,258
the United States, provided that the appropriate section of the 1,259
board determines pursuant to the rule adopted under division 1,260
(A)(5) of section 4740.05 of the Revised Code that the 1,261
requirements for registration, licensure, or certification under 1,262
the laws of the other state of the United States are 1,263
substantially equal to the requirements for the issuance of a 1,264
qualification certificate LICENSURE in this state and further 1,265
provided that such other state extends similar reciprocity to 1,267
holders of qualification certificates PERSONS LICENSED under this 1,268
chapter. THE APPROPRIATE SECTION OF THE BOARD MAY WITHDRAW ITS 1,270
AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,271
27
LICENSE FOR GOOD CAUSE SHOWN PRIOR TO THE ADMINISTRATIVE 1,272
SECTION'S ISSUANCE OF THE LICENSE. 1,273
Sec. 4740.09. (A) The fees for the qualification 1,282
certificates LICENSES and their renewal, and for applying to take 1,284
the examinations required for the issuance of qualification 1,286
certificates are as follows:
(1) Twenty-five dollars for the application to take the 1,288
required examination for each qualification certificate. This 1,289
fee is in addition to the fee described in division (A)(2) of 1,290
section 4740.05 of the Revised Code that may be charged to the 1,291
applicant by a third party responsible for the preparation, 1,292
administration, and scoring of the examination.
(2) Twenty-five dollars for the issuance of each 1,294
qualification certificate; 1,295
(3) Forty dollars for the annual renewal of each 1,297
qualification certificate. 1,298
(B) Subject INCLUDING LATE FEES, SUBJECT to the approval 1,300
of the controlling board, the administrative SHALL BE DETERMINED 1,302
BY EACH RESPECTIVE SECTION OF THE OHIO CONSTRUCTION INDUSTRY 1,303
EXAMINING BOARD. EACH RESPECTIVE section of the Ohio 1,304
construction industry examining board may increase the THESE fees 1,305
specified in division (A) of this section, provided that no 1,307
increase exceeds fifty per cent of the fees specified in that 1,308
division LOWEST FEE DETERMINED BY THAT SECTION OF THE BOARD 1,309
DURING THE THREE-YEAR PERIOD IMMEDIATELY PRECEDING AN INCREASE, 1,310
AND FURTHER PROVIDED THAT NO INCREASE IS MADE MORE THAN ONCE A
YEAR. 1,311
Sec. 4740.10. (A) The heating, ventilating, air 1,320
conditioning, and refrigeration section of the Ohio construction 1,321
industry examining board for heating, ventilating, and air 1,322
conditioning contractors and for refrigeration contractors; the 1,323
electrical section of the board for electrical contractors; the 1,324
plumbing section of the board for plumbing contractors; and both 1,325
the plumbing section and the heating, ventilating, air 1,326
28
conditioning, and refrigeration section for hydronics contractors 1,327
may SUSPEND OR REVOKE A LICENSE AND MAY direct the administrative 1,328
section of the board to suspend, revoke, or refuse to issue or 1,330
renew any qualification certificate A LICENSE if the section of 1,332
the board finds that the applicant or certificate holder LICENSEE 1,333
has done any of the following:
(1) Been convicted of a misdemeanor involving moral 1,335
turpitude or a felony; 1,336
(2) Violated any provision of this chapter or the rules 1,338
adopted pursuant thereto; 1,339
(3) Obtained his qualification certificate A LICENSE or 1,342
any board or section order, ruling, or authorization OF THE BOARD 1,343
by means of fraud or, misrepresentation, OR DECEPTION; 1,345
(4) Been guilty of gross misconduct in pursuit of his 1,347
profession ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,348
THE CONDUCT OF BUSINESS. 1,349
(B) The appropriate section of the board shall determine 1,351
the length OF TIME that a qualification certificate LICENSE is to 1,353
be suspended or AND whether OR WHEN an individual whose 1,355
qualification certificate LICENSE has been revoked may apply for 1,358
reinstatement and, if so, when. The appropriate section of the 1,359
board may accept or refuse an application for reinstatement and 1,360
may require an examination for reinstatement. 1,361
(C) THE APPROPRIATE SECTION OF THE BOARD MAY INVESTIGATE 1,363
ANY ALLEGED VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT 1,364
THERETO. If, AFTER ITS INVESTIGATION, A SECTION OF THE BOARD 1,365
DETERMINES THAT any person has engaged or is engaging in any 1,366
practice that violates this chapter or the rules adopted pursuant 1,367
thereto, the administrative THAT section of the board may apply 1,369
to the court of common pleas of the county in which the alleged 1,370
SECTION DETERMINED THAT THE violation occurred or is occurring 1,372
for an injunction or other appropriate relief to restrain the act 1,373
ENJOIN OR TERMINATE THE VIOLATION. 1,374
(D) Any person who wishes to make a complaint against a 1,376
29
person who holds a qualification certificate LICENSE shall submit 1,378
the complaint in writing to the appropriate section of the board 1,379
within one year after the date of the action or event upon which 1,380
the complaint is based. 1,381
Sec. 4740.12. (A) Except as otherwise provided in this 1,390
chapter, only a municipal corporation pursuant to section 715.27 1,391
of the Revised Code or a board of county commissioners pursuant 1,392
to section 3781.102 of the Revised Code shall regulate the 1,393
licensing of heating, ventilating, and air conditioning 1,394
contractors, refrigeration contractors, electrical contractors, 1,395
plumbing contractors, and hydronics contractors. 1,396
(B) Nothing in this chapter shall be construed to limit 1,398
the operation of any statute or rule of this state or any 1,399
ordinance or rule of any political subdivision, district, or 1,400
agency of the state that: 1,401
(1)(A) Regulates the installation, repair, maintenance, or 1,403
alteration of plumbing systems, electrical systems, heating, 1,404
ventilating, and air conditioning systems, or refrigeration 1,405
systems; 1,406
(2)(B) Requires the registration and assessment of a 1,408
registration or license fee of individuals who are engaged in the 1,409
business of TRADESPERSONS WHO PERFORM heating, ventilating, and 1,410
air conditioning, refrigeration, electrical, plumbing, or 1,412
hydronics contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, 1,413
REPAIR, OR MAINTENANCE.
Section 2. That existing sections 715.27, 3781.102, 1,415
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 1,416
4740.08, 4740.09, 4740.10, and 4740.12, and sections 4740.13 and 1,417
4740.99 of the Revised Code are hereby repealed. 1,418
Section 3. (A) On or before one hundred twenty days after 1,420
the effective date of this section, the Ohio Construction 1,421
Industry Examining Board shall send notice by regular mail to the 1,422
legislative authority of a municipal corporation and to the board 1,424
of county commissioners of every county that, prior to the 1,425
30
effective date of this section, provided for the licensing or 1,426
registration of heating, ventilating, and air conditioning 1,427
contractors, refrigeration contractors, plumbing contractors, 1,428
electrical contractors, or hydronics contractors, informing the 1,429
municipal corporation and board of county commissioners of the 1,430
provisions of this act.
(B) Within ninety days after the effective date of this 1,432
section, the board shall publish notice of the provisions of this 1,433
act in appropriate trade publications and in a newspaper of 1,434
general circulation in each of the nine most populous 1,435
metropolitan areas of this state, once a week for three 1,436
consecutive weeks.
Section 4. (A) The heating, ventilating, air 1,438
conditioning, and refrigeration section of the Ohio Construction 1,439
Industry Examining Board for heating, ventilating, and air 1,440
conditioning contractors and refrigeration contractors; the 1,441
plumbing section of the board for plumbing contractors; the 1,442
electrical section for electrical contractors; and both the 1,443
heating, ventilating, air conditioning, and refrigeration section 1,444
and the plumbing section for hydronics contractors shall issue a 1,445
license for those types of contractors, as appropriate, to any 1,447
individual who meets the criteria described in division (B) or 1,448
(C) of this section. 1,449
(B) The individual does all of the following: 1,451
(1) Applies to the appropriate section of the board within 1,453
seven months after the effective date of this section; 1,454
(2) Pays the appropriate fee determined pursuant to 1,456
section 4740.09 of the Revised Code; 1,457
(3) Has been actively engaged as a heating, ventilating, 1,459
and air conditioning contractor, refrigeration contractor, 1,460
plumbing contractor, electrical contractor, or hydronics 1,461
contractor, as applicable, in this state for at least three years 1,462
immediately prior to the effective date of this section; 1,463
(4) Furnishes business records or other evidence to verify 1,465
31
the experience required under division (C)(1)(c) of this section 1,466
to the satisfaction of the appropriate section of the board; 1,467
(5) Provides evidence of all of the following: 1,469
(a) Current contractor's liability insurance, including 1,471
without limitation, complete operations coverage, in the amount 1,472
of three hundred thousand dollars; 1,473
(b) Compliance with Chapters 4121. and 4123. of the 1,475
Revised Code; 1,476
(c) Compliance with any other applicable legal 1,478
requirements to do business in this state, as determined by the 1,479
board.
(C) The individual applies to the appropriate section of 1,481
the board within one year after the effective date of this 1,482
section, pays the appropriate fee determined pursuant to section 1,483
4740.09 of the Revised Code, and demonstrates that the individual 1,484
satisfies qualification requirements as the board determines, to 1,485
the board's satisfaction. 1,486
(D) Notwithstanding division (B)(5)(a) of this section, 1,488
when more than one individual affiliated with a business entity 1,489
is issued a license pursuant to division (B) or (C) of this 1,490
section, those individuals collectively shall provide to the 1,491
appropriate section of the board evidence of current contractor's 1,492
liability coverage, including complete operations coverage, in
the total amount of three hundred thousand dollars. 1,493
(E) A person who holds a valid and unexpired qualification 1,495
certificate issued prior to the effective date of this section 1,496
under Chapter 4740. of the Revised Code and who provides evidence 1,497
of current contractor's liability insurance, including, without 1,498
limitation, complete operations coverage, in the amount of three 1,499
hundred thousand dollars, shall be deemed by the Ohio 1,500
Construction Industry Examining Board as holding a license under 1,502
this act until the expiration date of the qualification
certificate. Thereafter, licensure renewal shall be in 1,504
accordance with Sections 1 and 2 of this act.
32
Section 5. Sections 1 and 2 of this act shall take effect 1,506
one hundred eighty days after the effective date of this section. 1,507
Section 6. In enacting this legislation, both of the 1,509
following are the intent of the General Assembly: 1,511
(A) That the provisions of this act are general laws 1,514
created in the exercise of the state's police power, arising out 1,515
of matters of statewide concern, and are designed for the health, 1,516
safety, and welfare of contractors, their employees, and the 1,517
public;
(B) That the provisions of this act eliminate duplicative 1,519
bureaucracies to create a system under which an affected 1,520
contractor may obtain a single license to permit the contractor 1,521
to do business in all parts of this state and to obtain 1,522
authorization to do business in other states.
Section 7. In enacting this legislation, it is not the 1,524
intent of the General Assembly to classify or reclassify 1,525
construction activities to place them under the scope of this 1,526
act, or to interfere with the right of a construction employer to 1,527
assign employees to construction activities as enunciated by the 1,528
Ohio Supreme Court in Pipefitters Union Local 392 v. Kokosing 1,529
Construction Co., Inc. (1998) 81 Ohio St.3d 214, regardless of 1,530
whether the construction activities are governed by the rules 1,531
adopted by the Board of Building Standards pursuant to Chapter 1,532
3781. of the Revised Code. 1,533