As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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
TERWILLEGER-CALVERT-WIDENER-FERDERBER-METTLER-HOLLISTER- 9
YOUNG-SCHULER-PERRY-HARTNETT-JOLIVETTE-D. MILLER 10
_________________________________________________________________ 12
A B I L L
To amend sections 715.27, 3781.102, 4740.01 to 14
4740.10, and 4740.12, to enact section 4740.051, 15
and to repeal sections 4740.13 and 4740.99 of the 16
Revised Code to require statewide certification 17
of specified contractors and make additional
modifications to the Construction Industry 18
Certification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 715.27, 3781.102, 4740.01, 22
4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 23
4740.09, 4740.10, and 4740.12 be amended and section 4740.051 of 24
the Revised Code be enacted to read as follows: 25
Sec. 715.27. (A) Any municipal corporation may: 35
(1) Regulate the erection of fences, billboards, signs, 37
and other structures, within the municipal corporation, and 38
provide for the removal and repair of insecure billboards, signs, 39
and other structures; 40
(2) Regulate the construction and repair of wires, poles, 42
plants, and all equipment to be used for the generation and 43
application of electricity; 44
(3) Except as limited by division (B) of this section, 46
provide PROVIDE for the licensing of house movers, heating, 47
ventilating, and air conditioning contractors, refrigeration 49
2
contractors, electrical contractors, plumbers, plumbing 50
contractors, hydronics contractors, sewer tappers, and vault 51
cleaners AND CONTRACTORS WHO DO NOT HOLD A VALID AND UNEXPIRED 52
LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF THE REVISED CODE. 53
(B)(1) Except as provided in division (B)(2) of this 55
section, a municipal corporation may, pursuant to division (A)(3) 56
of this section, require all heating, ventilating, and air 57
conditioning contractors, refrigeration contractors, electrical 58
contractors, plumbing contractors, and hydronics contractors to 59
successfully complete an examination, test, or demonstration of 60
technical skills and may impose a fee and additional requirements 61
for a license or registration to engage in their respective 62
occupations within the jurisdiction of the municipal corporation. 63
(2) No municipal corporation shall require any heating, 65
ventilating, and air conditioning contractor, refrigeration 66
contractor, electrical contractor, plumbing contractor, or 67
hydronics contractor who has HOLDS a valid and unexpired 68
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 70
4740. OF THE REVISED CODE to successfully complete an 71
examination, test, or demonstration of technical skills in order 73
to receive a license or registration to engage in his respective 74
business, except that a THE TYPE OF CONTRACTING FOR WHICH THE 76
LICENSE IS HELD, WITHIN THE municipal corporation that has 77
adopted, on or before the effective date of this amendment, a 78
heating, ventilating, and air conditioning, or refrigeration, 80
electrical, hydronics, or plumbing code which is not in conflict 81
with Chapter 3781. or 3791. of the Revised Code or rules adopted 82
thereunder, may require a contractor who holds a valid and 83
unexpired qualification certificate to successfully complete an 84
examination or test only in those areas that differ from 85
requirements established under Chapters 3781. and 3791. of the 86
Revised Code and rules adopted thereunder. 87
(3) A municipal corporation may impose a fee and 89
additional requirements for licensure or (C) FOR registration of 91
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an individual A CONTRACTOR who holds a valid and unexpired 92
qualification certificate in order for LICENSE ISSUED PURSUANT TO 94
CHAPTER 4740. OF THE REVISED CODE, BEFORE that individual to 96
CONTRACTOR MAY engage in his respective business THE TYPE OF 98
CONTRACTING FOR WHICH THE LICENSE IS HELD within the municipal 99
corporation, A MUNICIPAL CORPORATION MAY IMPOSE A FEE, provided 100
that the fee and additional requirements are IS the same for all 101
individuals CONTRACTORS who wish to engage in that business TYPE 103
OF CONTRACTING AND MAY REQUIRE A BOND AND PROOF OF ALL OF THE 104
FOLLOWING:
(1) INSURANCE PURSUANT TO DIVISION (B)(4) OF SECTION 106
4740.06 OF THE REVISED CODE; 107
(2) COMPLIANCE WITH CHAPTERS 4121. AND 4123. OF THE 109
REVISED CODE;
(3) REGISTRATION WITH THE TAX DEPARTMENT OF THE MUNICIPAL 111
CORPORATION. If 112
IF a municipal corporation imposes such a fee or additional 115
requirements REQUIRES A BOND OR PROOF OF THE ITEMS LISTED IN 116
DIVISIONS (C)(1), (2), AND (3) OF THIS SECTION, the municipal 118
corporation immediately shall permit an individual A CONTRACTOR 119
who presents proof of holding a valid and unexpired qualification 120
certificate and who LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF 122
THE REVISED CODE, pays the required fee and satisfies all 124
additional requirements imposed by the municipal corporation, 125
OBTAINS A BOND, AND SUBMITS THE REQUIRED PROOF UNDER DIVISIONS 127
(C)(1), (2), AND (3) OF THIS SECTION to engage in his respective 128
business THE TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD, 129
within the municipal corporation. 131
(C) As used in this section, "heating, ventilating, and 133
air conditioning contractor," "refrigeration contractor," 134
"electrical contractor," "plumbing contractor," "hydronics 135
contractor," and "qualification certificate" have the same 136
meanings as those terms are defined in section 4740.01 of the 137
Revised Code 138
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(D) A MUNICIPAL CORPORATION MAY REVOKE THE REGISTRATION OF 140
A CONTRACTOR REGISTERED WITH THAT MUNICIPAL CORPORATION FOR GOOD 141
CAUSE SHOWN. GOOD CAUSE SHOWN INCLUDES THE FAILURE OF A 142
CONTRACTOR TO MAINTAIN A BOND OR THE ITEMS LISTED IN DIVISIONS 144
(C)(1), (2), AND (3) OF THIS SECTION, IF THE MUNICIPAL
CORPORATION REQUIRES THOSE. 145
Sec. 3781.102. (A) Any county or municipal building 154
department certified pursuant to division (E) of section 3781.10 155
of the Revised Code as of September 14, 1970, and which was THAT, 157
as of such THAT date, WAS inspecting single-family, two-family, 159
and three-family residences, and any township building department 160
certified pursuant to division (E) of section 3781.10 of the 161
Revised Code, is hereby declared to be certified to inspect 162
single-family, two-family, and three-family residences containing 163
industrialized units, and such building department shall inspect 164
such THE buildings or classes of buildings subject to the 165
provisions of division (E) of section 3781.10 of the Revised 167
Code.
(B) Except as limited by division (C) of this section, 169
each board of county commissioners may adopt, by resolution, 170
rules establishing standards and providing for the licensing of 171
electrical and heating, ventilating, and air conditioning 172
contractors. 173
Rules adopted by a board of county commissioners pursuant 175
to this division may be enforced within the unincorporated areas 176
of the county and within any municipal corporation where the 177
legislative authority of the municipal corporation has contracted 178
with the board for the enforcement of the county rules within the 179
municipal corporation pursuant to section 307.15 of the Revised 180
Code. The rules shall not conflict with rules adopted by the 181
board of building standards pursuant to section 3781.10 of the 182
Revised Code or by the department of commerce pursuant to Chapter 183
3703. of the Revised Code. This division does not impair or 184
restrict the power of municipal corporations under Section 3 185
5
Article XVIII, Ohio Constitution, to adopt rules concerning the 187
erection, construction, repair, alteration, and maintenance of 188
buildings and structures or of establishing standards and
providing for the licensing of electrical and heating, 189
ventilating, and air conditioning contractors pursuant to section 190
715.27 of the Revised Code. 191
(C)(1) Except as provided in division (C)(2) of this 193
section, a board of county commissioners, pursuant to division 194
(B) of this section, may require all electrical contractors and 195
heating, ventilating, and air conditioning contractors to 196
successfully complete an examination, test, or demonstration of 197
technical skills and may impose a fee and additional requirements 198
for a license to engage in their respective occupations within 199
the jurisdiction of the board's rules under division (B) of this 200
section. 201
(2) No board of county commissioners shall require any 203
electrical contractor or heating, ventilating, and air 204
conditioning contractor who has HOLDS a valid and unexpired 205
qualification certificate LICENSE ISSUED PURSUANT TO CHAPTER 207
4740. OF THE REVISED CODE to successfully complete an 209
examination, test, or demonstration of technical skills in order 210
to receive a license to engage in the contractor's respective 212
business, except that a board that has adopted, on or before July 213
31, 1992, a heating, ventilating, and air conditioning, or 215
refrigeration, electrical, hydronics, or plumbing code which is 216
not in conflict with Chapter 3781. or 3791. of the Revised Code 217
or rules adopted thereunder, may require a contractor who holds a 218
valid and unexpired qualification certificate to successfully 219
complete an examination or test only in those areas that differ 220
from requirements established under Chapters 3781. and 3791. of 221
the Revised Code and rules adopted thereunder TYPE OF CONTRACTING 223
FOR WHICH THE LICENSE IS HELD, WITHIN THE UNINCORPORATED AREAS OF 224
THE COUNTY AND WITHIN ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE 225
AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF 226
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COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO 227
SECTION 307.15 OF THE REVISED CODE. 229
(3)(C) A board may impose a fee and additional 231
requirements for licensure REGISTRATION of an individual A 233
CONTRACTOR who holds a valid and unexpired qualification 235
certificate, in order for LICENSE ISSUED PURSUANT TO CHAPTER 236
4740. OF THE REVISED CODE BEFORE that individual to CONTRACTOR 237
MAY engage in the individual's respective business TYPE OF 238
CONTRACTING FOR WHICH THE LICENSE IS HELD within the jurisdiction 240
of the board's rules under division (B) of this section 241
UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY MUNICIPAL 243
CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED WITH THE 244
BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN THE 245
MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE REVISED 246
CODE, provided that the fee and additional requirements are IS 248
the same for all individuals CONTRACTORS who wish to engage in 250
the business THAT TYPE OF CONTRACTING. If the A board imposes 251
such a fee or additional requirements, the board immediately 252
shall permit an individual A CONTRACTOR who presents proof of 253
holding a valid and unexpired qualification certificate LICENSE 255
and who pays the required fee and satisfies all additional 257
requirements imposed by the board to engage in the individual's 258
respective business TYPE OF CONTRACTING FOR WHICH THE LICENSE IS 260
HELD within the jurisdiction of the board's rules under division 262
(B) of this section UNINCORPORATED AREAS OF THE COUNTY AND WITHIN 263
ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS 264
CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY 265
REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO SECTION
307.15 OF THE REVISED CODE. 266
(D) As used in this section, "electrical contractor," 268
"heating, ventilating, and air conditioning contractor," and 269
"qualification certificate" have the same meanings as in section 270
4740.01 of the Revised Code. 271
(E) The political subdivision associated with each 273
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municipal, township, and county building department certified by 274
the board of building standards pursuant to division (E) of 275
section 3781.10 of the Revised Code may prescribe fees to be paid 276
by persons, political subdivisions, or any department, agency, 277
board, commission, or institution of the state, for the 278
acceptance and approval of plans and specifications, and for the 279
making of inspections, pursuant to sections 3781.03 and 3791.04 280
of the Revised Code. 281
(F)(E) Each political subdivision that prescribes fees 283
pursuant to division (E)(D) of this section shall collect, on 285
behalf of the board of building standards, a fee equal to three 287
per cent of such fees. The board shall adopt rules, in 288
accordance with Chapter 119. of the Revised Code, specifying the 289
manner in which the fee assessed pursuant to this division shall 290
be collected and remitted monthly to the board. The board shall 291
pay the fee assessed pursuant to this division into the state 292
treasury to the credit of the industrial compliance operating 293
fund created in section 121.084 of the Revised Code. 294
All money credited to the fund under this division shall be 296
used exclusively for both of the following: 297
(1) Operating costs of the board; 299
(2) Providing services, including educational programs, 301
for the building departments that are certified by the board 302
pursuant to division (E) of section 3781.10 of the Revised Code. 303
Sec. 4740.01. As used in this chapter: 312
(A) "Qualification certificate LICENSE" means a 314
certificate LICENSE issued by the Ohio construction industry 317
examining board to an individual or business entity as a heating, 318
ventilating, and air conditioning contractor, refrigeration 319
contractor, electrical contractor, plumbing contractor, or 320
hydronics contractor.
(B) "Heating, ventilating, and air conditioning 322
contractor" means any individual OR BUSINESS ENTITY who assumes 323
responsible charge, supervision, or direction of persons engaged 325
8
in SATISFIES BOTH OF THE FOLLOWING: 326
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 329
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF heating, 330
ventilating, and air conditioning contracting, or CONSTRUCTION, 331
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 332
PROJECT AND who engages in, offers to engage in, IDENTIFIES, 335
advertises, or otherwise HOLDS OUT OR represents that he THE 337
INDIVIDUAL OR BUSINESS ENTITY is permitted OR QUALIFIED to engage 339
in the design of, planning of, superintending of, contracting 340
for, or responsible charge PERFORM, DIRECT, SUPERVISE, OR HAVE 341
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of heating, 344
ventilating, and air conditioning contracting CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 345
PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 347
AND WHO ARE TRAINED TO PERFORM HEATING, VENTILATING, AND AIR 348
CONDITIONING CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 349
MAINTENANCE ON A CONSTRUCTION PROJECT.
(C) "Refrigeration contractor" means any individual OR 351
BUSINESS ENTITY who assumes responsible charge, supervision, or 353
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 354
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 356
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF refrigeration 357
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 358
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 360
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 362
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 363
or qualified to engage in the design of, planning of, 365
superintending of, contracting for, or responsible charge DIRECT, 366
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 367
MANNER of refrigeration contracting CONSTRUCTION, IMPROVEMENT, 368
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 369
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 371
AND WHO ARE TRAINED TO PERFORM REFRIGERATION CONSTRUCTION, 372
9
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 373
PROJECT.
(D) "Electrical contractor" means any individual OR 375
BUSINESS ENTITY who assumes responsible charge, supervision, or 377
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 378
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 380
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF electrical 381
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 382
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 384
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 386
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 387
or qualified to engage in the design of, planning of, 389
superintending of, contracting for, or responsible charge DIRECT, 390
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 391
MANNER of electrical contracting CONSTRUCTION, IMPROVEMENT, 392
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 393
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 395
AND WHO ARE TRAINED TO PERFORM ELECTRICAL CONSTRUCTION, 396
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 397
PROJECT. As
AS used in this division CHAPTER, "electrical contracting" 401
does not include the construction, installation, alteration 402
IMPROVEMENT, RENOVATION, repair, OR maintenance, or service of 403
any fire OF THE FOLLOWING SYSTEMS USING LESS THAN FIFTY VOLTS: 404
(a) FIRE alarm or burglar alarm; 406
(b) TELE-DATA; 408
(c) CABLING; 410
(d) SOUND; 412
(e) COMMUNICATION; 414
(f) LANDSCAPE LIGHTING AND IRRIGATION. 416
(E) "Plumbing contractor" means any individual OR BUSINESS 418
ENTITY who assumes responsible charge, supervision, or direction 420
of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 421
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 423
10
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF plumbing 424
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 425
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 427
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 428
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 431
or qualified to engage in the design of, planning of,
superintending of, contracting for, or responsible charge DIRECT, 433
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 434
MANNER of plumbing CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, 435
OR MAINTENANCE ON A CONSTRUCTION PROJECT; 436
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 438
AND WHO ARE TRAINED TO PERFORM PLUMBING CONSTRUCTION, 439
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 440
PROJECT.
(F) "Hydronics contractor" means any individual OR 442
BUSINESS ENTITY who assumes responsible charge, supervision, or 443
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 444
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 446
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF hydronics 447
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 448
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 449
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 452
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 453
or qualified to engage in the design of, planning of, 455
superintending of, contracting for, or responsible charge DIRECT, 456
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 457
MANNER of hydronics contracting CONSTRUCTION, IMPROVEMENT, 458
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 459
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 461
AND WHO ARE TRAINED TO PERFORM HYDRONICS CONSTRUCTION, 462
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 463
PROJECT.
(G) As used in this section, "contracting" means the 465
engagement of a person under any written or verbal contract, 466
11
agreement, or understanding, whereby such person provides 467
services or materials which are subject to examination under this 468
chapter "CONTRACTOR" MEANS A HEATING, VENTILATING, AND AIR 469
CONDITIONING CONTRACTOR, A REFRIGERATION CONTRACTOR, AN 470
ELECTRICAL CONTRACTOR, A PLUMBING CONTRACTOR, OR A HYDRONICS 471
CONTRACTOR. 472
(H) "TRADESPERSON" MEANS AN INDIVIDUAL WHO, FOR 475
COMPENSATION, ENGAGES IN CONSTRUCTION, IMPROVEMENT, RENOVATION, 476
REPAIR, OR MAINTENANCE OF BUILDINGS OR STRUCTURES WITHOUT 477
ASSUMING RESPONSIBILITY FOR THE MEANS, METHOD, OR MANNER OF THAT 478
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 479
(I) "CONSTRUCTION PROJECT" MEANS A CONSTRUCTION PROJECT 481
INVOLVING A BUILDING OR STRUCTURE THAT IS SUBJECT TO CHAPTER 483
3781. OF THE REVISED CODE AND THE RULES ADOPTED UNDER THAT 484
CHAPTER, BUT NOT INCLUDING ANY OF THE FOLLOWING BUILDINGS OR 486
STRUCTURES:
(1) A ONE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING 488
HOUSE OR AN ACCESSORY STRUCTURE INCIDENTAL TO THAT DWELLING 489
HOUSE;
(2) AN INDUSTRIALIZED UNIT AS DEFINED IN DIVISION (C)(3) 491
OF SECTION 3781.06 OF THE REVISED CODE; 492
(3) A BUILDING OR STRUCTURE CONSTRUCTED PURSUANT TO RULES 494
ADOPTED UNDER SECTION 3781.181 OR 3781.21 OF THE REVISED CODE. 495
Sec. 4740.02. (A) There is hereby created WITHIN THE 504
DEPARTMENT OF COMMERCE, the Ohio construction industry examining 506
board, consisting of seventeen residents of this state. The 507
board shall consist of an administrative section, a plumbing 508
section, an electrical section, and a heating, ventilating, air 509
conditioning, and refrigeration section. The director of 511
commerce shall appoint all members of the board. The director or 512
his THE DIRECTOR'S designee shall serve as a member of the 513
administrative section and the director shall appoint to the 515
administrative section, one member who is a representative of the 516
public who is not a member of any group certified by ANY SECTION 518
12
OF the board. The plumbing, electrical, and heating, 520
ventilating, air conditioning, and refrigeration sections each 521
shall annually elect a member of each THEIR OWN respective 522
section to serve a one-year term on the administrative section. 523
(B) The plumbing section shall consist of five members, 525
four of whom are plumbing contractors, and one of whom is an 526
employee of A PLUMBING INSPECTOR EMPLOYED BY the department of 528
commerce other than the director or his designee who serves as a 529
member of the administrative section. Of the four plumbing 531
members, two shall be engaged in plumbing contracting and shall 532
represent unions representing plumbers and, A MUNICIPAL 533
CORPORATION, OR A HEALTH DISTRICT, two shall OF WHOM ARE PLUMBING 535
CONTRACTORS WHO have no affiliation with any union representing 537
plumbers, AND TWO OF WHOM ARE PLUMBING CONTRACTORS WHO ARE 538
SIGNATORIES TO AGREEMENTS WITH UNIONS REPRESENTING PLUMBERS. 540
(C) The electrical section shall consist of five members, 542
one of whom is a municipal building AN electrical inspector 543
EMPLOYED BY THE DEPARTMENT OF COMMERCE, A MUNICIPAL CORPORATION, 545
OR A COUNTY, two of whom are electrical contractors and who have 546
no affiliation with any union representing electricians, and two 547
of whom are electrical contractors and who represent ARE 548
SIGNATORIES TO AGREEMENTS WITH unions representing electricians. 550
(D) The heating, ventilating, air conditioning, and 552
refrigeration section shall consist of five members, one of whom 553
is a municipal heating, ventilating, air conditioning, and 554
refrigeration inspector EMPLOYED BY EITHER THE DEPARTMENT OF 555
COMMERCE OR A MUNICIPAL CORPORATION; two of whom are heating, 556
ventilating, and air conditioning CONTRACTORS or refrigeration 557
contractors and who have no affiliation with any union 559
representing persons engaged in heating, ventilating, and air 560
conditioning TRADESPERSONS or refrigeration contracting 562
TRADESPERSONS; and two of whom are heating, ventilating, and air 563
conditioning CONTRACTORS or refrigeration contractors and who 564
represent ARE SIGNATORIES TO AGREEMENTS WITH unions representing 566
13
heating, ventilating, and air conditioning TRADESPERSONS or 567
refrigeration contractors TRADESPERSONS. 568
(E) Within ninety days after July 31, 1992, initial 570
appointments shall be made to the board. Of the initial 572
appointments to the board, two appointments in each section, 573
other than the administrative section, are for terms ending one 574
year after July 31, 1992, and two are for terms ending two years 577
after July 31, 1992. All other appointments to the board are for 579
terms ending three years after July 31, 1992. Thereafter, terms 581
of office are for three years, each term ending on the same day 582
of the same month of the year as did the term that it succeeds. 583
Each member shall hold office from the date of his appointment 584
until the end of the term for which he THE MEMBER was appointed. 585
Members may be reappointed. Vacancies shall be filled in the 587
manner provided for original appointments. Any member appointed 588
to fill a vacancy occurring prior to the expiration date of the 589
term for which his THE MEMBER'S predecessor was appointed shall 590
hold office as a member for the remainder of that term. A member 592
shall continue in office subsequent to the expiration date of his 593
THE MEMBER'S term until his THE MEMBER'S successor takes office 594
or until a period of sixty days has elapsed, whichever occurs 596
first.
(F) Before entering upon the discharge of his OFFICIAL 598
duties, each member shall take, and file with the secretary of 600
state, the oath of office required by Section 7 of Article XV, 601
Ohio Constitution.
(G) Each member of the board, except for the director or 603
the designee the director appoints under division (A) of this 604
section, and the employee of the department of commerce the 605
director appoints under division (B) of this section, shall 606
receive a per diem amount fixed pursuant to section 124.15 of the 607
Revised Code when actually attending to matters of the board and 608
for the time spent in necessary travel, and all actual and 609
necessary expenses incurred in the discharge of his OFFICIAL 610
14
duties. 611
(H) The director of commerce may remove any member of the 614
board he THE DIRECTOR appoints for malfeasance, misfeasance, or 615
nonfeasance. 616
(I) Membership on the board and holding an ANY office of 618
the board does not constitute the holding of a public office or 619
employment within the meaning of any section of the Revised Code, 620
or an interest, either direct or indirect, in a contract or 621
expenditure of money by the state or any municipal corporation, 622
township, special district, school district, county, or other 623
political subdivision. No member or officer of the board is 624
disqualified from holding any public office or employment nor 625
shall the officer or member forfeit any PUBLIC office or 626
employment by reason of his HOLDING A position as an officer or 627
member of the board. 628
(J) The board is part of the department of commerce for 630
administrative purposes, AND EACH SECTION OF THE BOARD, SHALL 632
MEET ONLY AFTER ADEQUATE ADVANCE NOTICE OF THE MEETING HAS BEEN 633
GIVEN TO EACH MEMBER OF THE BOARD OR SECTION, AS APPROPRIATE. 634
Sec. 4740.03. (A) The administrative section of the Ohio 643
construction industry examining board annually shall elect from 644
among its members a chairperson and other officers as the board, 646
by rule, designates. The chairperson shall preside over meetings 647
of the administrative section or designate another member to 648
preside in the chairperson's absence. The administrative section 649
shall hold at least two regular meetings each year, but may meet 651
at additional times as specified by rule, at the call of the 652
chairperson, or upon the request of two or more members. A 653
majority of the members OF THE ADMINISTRATIVE SECTION constitutes 655
a quorum for the transaction of all business. The administrative 656
section may not take any action without the concurrence of AT 657
LEAST three OF ITS members.
(B)(1) The administrative section shall employ a 659
secretary, who is not a member of the board, to serve at the 660
15
pleasure of the ADMINISTRATIVE section, and shall fix the 661
compensation of the secretary. THE SECRETARY SHALL BE IN THE 663
UNCLASSIFIED CIVIL SERVICE OF THE STATE. 664
(2) The secretary shall do all of the following: 666
(a) Keep OR SET STANDARDS FOR AND DELEGATE TO ANOTHER 668
PERSON THE KEEPING OF the minutes, books, and other records and 669
files of the board and each section of the board; 670
(b) Issue all qualification certificates in the name of 672
the board;
(c) Send out all notices, INCLUDING ADVANCE NOTICES OF 674
MEETINGS OF THE BOARD AND EACH SECTION OF THE BOARD, and attend 675
to all correspondence of the board and each section OF THE BOARD, 677
under the direction of the administrative section; 678
(d) Receive and deposit all fees payable pursuant to this 680
chapter into the construction industry examining fund created 681
pursuant to section 4740.11 of the Revised Code; 682
(e) Perform all other duties incidental to the office of 684
the secretary or properly assigned to the secretary by the 686
administrative section of the board. 688
(3) Before entering upon the discharge of the duties of 690
the secretary, the secretary shall file with the treasurer of 692
state a bond in the sum of five thousand dollars, payable to the 693
state, to ensure the faithful performance of the secretary's 694
duties. The board shall pay the premium of the bond in the same 696
manner as it pays other expenditures of the board. 697
(C) Upon the request of the administrative section of the 699
board, the director of commerce shall supply the board and its 701
sections with personnel, office space, and supplies, as the 702
director determines appropriate. THE ADMINISTRATIVE SECTION OF 703
THE BOARD SHALL EMPLOY ANY ADDITIONAL STAFF IT CONSIDERS 704
NECESSARY AND APPROPRIATE.
(D) The chairperson of the board or the secretary, or 706
both, as authorized by the board, shall approve all vouchers of 708
the board. 709
16
Sec. 4740.04. The administrative section of the Ohio 718
construction industry examining board is responsible for the 719
administration of this chapter and shall do all of the following: 720
(A) Schedule, administer, and supervise the examinations 722
for qualification certificates for heating, ventilating, and air 723
conditioning contractors, refrigeration contractors, electrical 724
contractors, plumbing contractors, and hydronics contractors, as 725
directed by the heating, ventilating, air conditioning, and 726
refrigeration section, the electrical section, and the plumbing 727
APPLICABLE section OF THE BOARD. The administrative section 729
shall conduct the SCHEDULE examinations TO BE HELD at least four 731
times per year.
(B) SELECT AND CONTRACT WITH ONE OR MORE PERSONS TO DO ALL 733
OF THE FOLLOWING RELATIVE TO THE EXAMINATIONS DESCRIBED IN 734
DIVISION (A) OF THIS SECTION: 735
(1) PREPARE, ADMINISTER, SCORE, AND MAINTAIN THE 737
CONFIDENTIALITY OF THE EXAMINATIONS; 738
(2) BE RESPONSIBLE FOR ALL THE EXPENSES REQUIRED TO 740
FULFILL DIVISION (B)(1) OF THIS SECTION; 742
(3) CHARGE AN APPLICANT A FEE, IN AN AMOUNT AUTHORIZED BY 744
THE ADMINISTRATIVE SECTION OF THE BOARD, FOR ADMINISTERING THE 745
EXAMINATION; 746
(4) DESIGN THE EXAMINATION FOR EACH TYPE OF CONTRACTOR TO 748
DETERMINE AN APPLICANT'S COMPETENCE TO PERFORM THE TYPE OF 749
CONTRACTING FOR WHICH THE APPLICANT IS SEEKING LICENSURE. 751
(C) Issue qualification certificates AND RENEW LICENSES to 754
individuals who have attained at least the minimum score on an 756
examination prepared AUTHORIZED by the plumbing section for 757
plumbing contractors, the electrical section for electrical 759
contractors, the heating, ventilating, air conditioning, and 760
refrigeration section for heating, ventilating, and air 761
conditioning contractors and refrigeration contractors, and both 762
the heating, ventilating, air conditioning, and refrigeration and 763
plumbing sections for hydronics contractors, ON THE CONDITION 765
17
THAT THE APPROPRIATE SECTION OF THE BOARD DETERMINES THAT THE 766
INDIVIDUAL ALSO IS QUALIFIED AS REQUIRED BY SECTION 4740.06 OF 767
THE REVISED CODE TO HOLD A LICENSE; 768
(C) Suspend, revoke, or refuse to issue or renew 770
qualification certificates as directed by the plumbing section 771
for plumbing contractors; the electrical section for electrical 772
contractors; the heating, ventilating, air conditioning, and 773
refrigeration section for heating, ventilating, and air 774
conditioning contractors and refrigeration contractors; and both 775
the heating, ventilating, air conditioning, and refrigeration and 776
plumbing sections for hydronics contractors; 777
(D) Make an annual written report to the director of 779
commerce on proceedings had by or before the board for the 781
previous year and make an annual statement of all money received 782
and expended by the board during the year;
(E) Keep a record containing the name, address, the date 784
on which the board issues or renews a qualification certificate 785
LICENSE to, and the qualification certificate LICENSE number of, 787
every heating, ventilating, and air conditioning contractor, 789
refrigeration contractor, electrical contractor, plumbing 790
contractor, and hydronics contractor issued a qualification 791
certificate LICENSE pursuant to this chapter; 793
(F) REGULATE A CONTRACTOR'S USE AND DISPLAY OF A LICENSE 795
ISSUED PURSUANT TO THIS CHAPTER AND OF ANY INFORMATION CONTAINED 796
IN THAT LICENSE; 797
(G) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 801
REVISED CODE AS NECESSARY TO PROPERLY DISCHARGE THE 803
ADMINISTRATIVE SECTION'S DUTIES UNDER THIS CHAPTER; 804
(H) Keep a record of its proceedings and do all things 806
necessary to carry out this chapter. 807
Sec. 4740.05. The heating, ventilating, air conditioning, 816
and refrigeration section of the Ohio construction industry 817
examining board for heating, ventilating, and air conditioning 818
contractors and refrigeration contractors; the plumbing section 819
18
of the board for plumbing contractors; the electrical section for 820
electrical contractors; and both the heating, ventilating, air 821
conditioning, and refrigeration and the plumbing sections for 822
hydronics contractors, shall do all of the following: 823
(A) Adopt rules in accordance with Chapter 119. of the 825
Revised Code as this chapter relates to their respective 826
sections. The rules shall be limited to the following: 827
(1) Application procedures for examinations; 829
(2) Approval of a third party to prepare, administer, and 831
score the examination. The approved third party shall be 832
responsible for all expenses associated with the preparation, 833
administration, and scoring of the examination and may charge the 834
applicant for a qualification certificate a fee for such 835
expenses. The examination for each type of contractor certified
pursuant to this chapter shall be substantially uniform and 837
designed so as to establish the competence and qualifications of 838
the applicant in the subjects pertinent to the particular 839
business for which the applicant seeks a qualification 840
certificate.
(3) Selection and approval of courses to meet the 842
continuing education requirements for renewal of a qualification 843
certificate, which requirements shall be no more than thirty 844
course hours over a three-year period for an individual who holds 845
one or more qualification certificates issued pursuant to section 846
4740.06 or 4740.08 of the Revised Code; 847
(4) Issuance of or refusal to issue qualification 849
certificates to qualified individuals and suspension or 850
revocation of qualification certificates of unqualified 851
individuals SPECIFICATIONS CONCERNING CONTINUING EDUCATION 852
REQUIREMENTS FOR LICENSE RENEWAL THAT ADDRESS ALL OF THE 854
FOLLOWING:
(a) CRITERIA FOR SELECTING AND APPROVING COURSES AND 857
PERSONS TO PROVIDE THOSE COURSES;
(b) A SPECIFICATION THAT INDIVIDUALS HOLDING A VALID AND 860
19
UNEXPIRED LICENSE BE REQUIRED TO ACCRUE NO MORE THAN THIRTY HOURS 861
OF CONTINUING EDUCATION COURSES OVER A PERIOD OF THREE YEARS; 862
(c) A REQUIREMENT THAT PERSONS SEEKING APPROVAL TO PROVIDE 865
CONTINUING EDUCATION COURSES SUBMIT INFORMATION REGARDING THE 866
COURSES TO THE APPROPRIATE SECTION OF THE BOARD FOR APPROVAL NOT 867
LESS THAN NINETY DAYS NOR MORE THAN ONE YEAR PRIOR TO THE DATE ON 868
WHICH THE COURSES ARE OFFERED, UNLESS A SECTION OF THE BOARD 869
PERMITS SUBMISSION AT A DIFFERENT TIME; 870
(d) A PROHIBITION AGAINST ANY PERSON PROVIDING A COURSE 873
FOR THE PURPOSE OF MEETING CONTINUING EDUCATION REQUIREMENTS 874
UNLESS, NOT MORE THAN ONE YEAR PRIOR TO THE DATE THE COURSE IS 875
OFFERED, THE PERSON HAS BEEN APPROVED BY THE APPROPRIATE SECTION 876
OF THE BOARD TO PROVIDE THAT COURSE; 877
(e) A PROVISION LIMITING APPROVAL OF CONTINUING EDUCATION 880
COURSES TO ONE YEAR;
(f) A PROVISION ESTABLISHING THE FOLLOWING ANNUAL FEES, TO 883
BE PAID TO THE BOARD BY PERSONS APPROVED TO PROVIDE CONTINUING 884
EDUCATION COURSES:
(i) FOR THE APPROVAL OF EACH CONTINUING EDUCATION COURSE, 887
NOT MORE THAN TEN DOLLARS PLUS ONE DOLLAR PER CREDIT HOUR; 888
(ii) FOR THE APPROVAL OF EACH PERSON PROVIDING CONTINUING 891
EDUCATION COURSES, TWENTY-FIVE DOLLARS. 892
(3) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 894
EVALUATING THE QUALIFICATIONS OF AN INDIVIDUAL; 895
(4) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 897
DECIDING WHETHER TO ISSUE, RENEW, SUSPEND, REVOKE, OR REFUSE TO 898
ISSUE OR RENEW A LICENSE; 899
(5) Determinations and approvals made under the 901
reciprocity provision of section 4740.08 of the Revised Code. 902
(B) Investigate all allegations in reference to violations 904
of this chapter and the rules adopted pursuant thereto PERTAINING 905
TO THE SECTION and determine by rule a procedure for 907
investigations and hearings on these allegations; 908
(C) Keep MAINTAIN a record of its proceedings and; 911
20
(D) GRANT APPROVAL TO PERSONS TO OFFER CONTINUING 913
EDUCATION COURSES PURSUANT TO RULES ADOPTED UNDER DIVISION (A)(2) 915
OF THIS SECTION;
(E) AS REQUIRED, do all things necessary to carry out this 918
chapter.
(F) THE ELECTRICAL SECTION OF THE OHIO CONSTRUCTION 920
INDUSTRY EXAMINING BOARD MAY ADOPT RULES IN ACCORDANCE WITH 921
CHAPTER 119. OF THE REVISED CODE TO PROVIDE PROCEDURES FOR 922
EXAMINATION, CERTIFICATION, LICENSURE, AND CONTINUING EDUCATION 923
OF A LOW-VOLTAGE CONTRACTOR, LIMITED TO A SINGLE ELECTRICAL 924
SUBLICENSE SPECIFICALLY FOR WORK INCLUDING BURGLAR ALARM SYSTEMS
AND FIRE ALARM SYSTEMS, IF THE WORK IS PERFORMED ON A COMMERCIAL 925
BUILDING.
Sec. 4740.051. NO PERSON SHALL ACT AS OR CLAIM TO BE A 927
HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR, 928
REFRIGERATION CONTRACTOR, PLUMBING CONTRACTOR, ELECTRICAL 929
CONTRACTOR, OR HYDRONICS CONTRACTOR UNLESS THAT PERSON HOLDS OR 930
HAS BEEN ASSIGNED A LICENSE ISSUED PURSUANT TO THIS CHAPTER FOR 932
THE TYPE OF CONTRACTOR THAT PERSON IS ACTING AS OR CLAIMING TO 933
BE.
Sec. 4740.06. (A) Any person INDIVIDUAL who applies for a 943
qualification certificate LICENSE shall file a written
application with the appropriate section of the Ohio construction 945
industry examining board, accompanied with the APPLICATION fee 946
set forth in AS DETERMINED PURSUANT TO section 4740.09 of the 948
Revised Code. The person INDIVIDUAL shall file the application 950
with the appropriate section not more than sixty days nor less 951
than thirty days prior to the date of the examination. The 952
application shall be on the form prescribed by the appropriate 953
section of the board and verified by the applicant's oath. It 954
shall contain information satisfactory to the appropriate section 955
showing that the applicant meets the requirements of division (B) 956
of this section.
(B) To receive a qualification certificate QUALIFY TO TAKE 958
21
THE EXAMINATION REQUIRED TO OBTAIN A LICENSE for a heating, 960
ventilating, and air conditioning contractor, refrigeration 961
contractor, electrical contractor, plumbing contractor, or 962
hydronics contractor, an individual shall: 963
(1) Be at least eighteen years of age; 965
(2) Be a United States citizen; 967
(3) Be of good moral character; 969
(4) Pass the examination given by the board in his 971
particular business and pay the required examination fee; 972
(5) Have the following experience in his particular 975
business:
(a) With respect to a heating, ventilating, and air 977
conditioning contractor or a refrigeration contractor, for a 978
continuous period of at least two years immediately preceding his 979
application for examination, be engaged in heating, ventilating, 980
and air conditioning contracting or refrigeration contracting, 981
respectively; 982
(b) With respect to an electrical contractor, for a 984
continuous period of at least two years immediately preceding his 985
application for examination, be engaged in electrical 986
contracting; 987
(c) With respect to a plumbing contractor, for a 989
continuous period of at least two years immediately preceding his 990
application for examination, be engaged in plumbing contracting; 991
(d) With respect to a hydronics contractor, for a 993
continuous period of at least two years immediately preceding his 994
application for examination, be engaged in hydronics contracting. 995
(6) Pay the applicable fee set forth in section 4740.09 of 997
the Revised Code for the issuance of a qualification certificate 998
EITHER HAVE BEEN A TRADESPERSON FOR THE TYPE OF CONTRACTOR FOR 1,000
WHICH THE APPLICATION IS FILED FOR NOT LESS THAN FIVE YEARS 1,001
IMMEDIATELY PRIOR TO THE DATE THE APPLICATION IS FILED, BE AN 1,002
ENGINEER, HAVE THREE YEARS OF BUSINESS EXPERIENCE IN THE 1,003
CONSTRUCTION INDUSTRY, OR HAVE OTHER EXPERIENCE ACCEPTABLE TO THE 1,004
22
SECTION OF THE BOARD THAT AUTHORIZES ISSUANCE OF THE TYPE OF 1,005
LICENSE SOUGHT;
(4) MAINTAIN CONTRACTOR'S LIABILITY INSURANCE, INCLUDING 1,007
WITHOUT LIMITATION, COMPLETE OPERATIONS COVERAGE, IN AN AMOUNT 1,008
DETERMINED BY THE APPROPRIATE SECTION OF THE BOARD; 1,009
(5) NOT HAVE DONE ANY OF THE FOLLOWING: 1,011
(a) BEEN CONVICTED OF OR PLEADED GUILTY TO A MISDEMEANOR 1,014
INVOLVING MORAL TURPITUDE OR OF ANY FELONY; 1,015
(b) VIOLATED THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO 1,018
THIS CHAPTER;
(c) OBTAINED OR RENEWED A LICENSE ISSUED PURSUANT TO THIS 1,021
CHAPTER, OR ANY ORDER, RULING, OR AUTHORIZATION OF THE BOARD OR A 1,022
SECTION OF THE BOARD BY FRAUD, MISREPRESENTATION, OR DECEPTION; 1,023
(d) ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,026
THE CONDUCT OF BUSINESS. 1,027
(C) If the applicant for LICENSURE AS a heating, 1,029
ventilating, and air conditioning contractor's CONTRACTOR, 1,031
refrigeration contractor's CONTRACTOR, electrical contractor's 1,033
CONTRACTOR, plumbing contractor's CONTRACTOR, or hydronics 1,034
contractor's qualification certificate CONTRACTOR meets the 1,035
qualifications set forth in division (B) of this section AND 1,037
PASSES THE REQUIRED EXAMINATION, the appropriate section of the 1,038
board, WITHIN NINETY DAYS AFTER THE APPLICANT FILED THE 1,039
APPLICATION, shall direct AUTHORIZE the administrative section of 1,041
the board to issue him a qualification certificate in LICENSE THE 1,044
APPLICANT FOR the business TYPE OF CONTRACTOR'S LICENSE for which 1,045
he THE APPLICANT qualifies. A SECTION OF THE BOARD MAY WITHDRAW 1,046
ITS AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,048
LICENSE FOR GOOD CAUSE SHOWN, ON THE CONDITION THAT NOTICE OF 1,049
THAT WITHDRAWAL IS GIVEN PRIOR TO THE ADMINISTRATIVE SECTION'S 1,050
ISSUANCE OF THE LICENSE. 1,051
(D) Each qualification certificate LICENSE issued under 1,053
this chapter expires one year after the date of issue, but each 1,054
person INDIVIDUAL holding a valid, unexpired qualification 1,056
23
certificate LICENSE may renew his certificate THE LICENSE, 1,058
without reexamination, by applying to the appropriate section of 1,060
the board within NOT MORE THAN ninety days of BEFORE the 1,061
expiration of his certificate THE LICENSE, and submitting with 1,062
his THE application the renewal fee set forth in AS DETERMINED 1,064
PURSUANT TO section 4740.09 of the Revised Code and proof of 1,066
compliance with the continuing education requirements for his 1,067
particular business APPLICABLE TO THAT CONTRACTOR. THE RENEWAL 1,068
APPLICATION SHALL CONTAIN INFORMATION SATISFACTORY TO THE 1,069
APPROPRIATE SECTION OF THE BOARD SHOWING THAT THE APPLICANT 1,070
CONTINUES TO MEET THE REQUIREMENTS OF DIVISION (B) OF THIS 1,071
SECTION. 1,072
THE APPROPRIATE SECTION OF THE BOARD MAY WAIVE ANY OF THE 1,074
REQUIREMENTS FOR RENEWAL OF A LICENSE UPON FINDING THAT THE 1,075
APPLICANT SUBSTANTIALLY HAS MET THE RENEWAL REQUIREMENTS AND THAT 1,077
FAILURE TO TIMELY APPLY FOR RENEWAL IS DUE TO EXCUSABLE NEGLECT. 1,078
IF, IN RENEWING A LICENSE, A SECTION OF THE BOARD WAIVES 1,079
REQUIREMENTS FOR RENEWAL, THAT SECTION MAY IMPOSE CONDITIONS UPON 1,080
THAT LICENSEE AND ASSESS A LATE FILING FEE OF NOT MORE THAN 1,081
DOUBLE THE USUAL RENEWAL FEE.
(E) AN INDIVIDUAL HOLDING A VALID AND UNEXPIRED LICENSE 1,084
MAY REQUEST THE SECTION OF THE BOARD THAT AUTHORIZED THE ISSUANCE 1,085
OF THAT LICENSE TO PLACE THE LICENSE IN INACTIVE STATUS UNDER 1,086
CONDITIONS AND FOR A PERIOD OF TIME AS DETERMINED BY THAT SECTION 1,088
OF THE BOARD.
(F) EXCEPT FOR THE NINETY-DAY EXTENSION PROVIDED FOR UNDER 1,091
DIVISION (D) OF SECTION 4740.07 OF THE REVISED CODE, A LICENSE 1,094
HELD BY AN INDIVIDUAL IMMEDIATELY TERMINATES UPON THE DEATH OF 1,095
THE INDIVIDUAL. 1,096
(G) NOTHING IN ANY LICENSE ISSUED BY THE OHIO CONSTRUCTION 1,099
INDUSTRY EXAMINING BOARD SHALL BE CONSTRUED TO LIMIT OR ELIMINATE
ANY REQUIREMENT OR ANY LICENSE ISSUED BY THE OHIO FIRE MARSHAL. 1,100
Sec. 4740.07. (A) Except as provided in this section, the 1,109
administrative section of the Ohio construction industry 1,110
24
examining board shall issue and renew all qualification 1,111
certificates LICENSES under section 4740.06 of the Revised Code 1,113
THIS CHAPTER in the name of the person INDIVIDUAL who meets the 1,115
qualifications REQUIREMENTS of and who takes the examination 1,117
required by that section 4740.06 OF THE REVISED CODE. 1,118
(B) Any person INDIVIDUAL may request, at the time of 1,120
applying for a qualification certificate LICENSE or at any time 1,122
thereafter, that his rights in the qualification certificate 1,124
INDIVIDUAL'S LICENSE be assigned to a business entity with whom 1,127
he THE INDIVIDUAL is associated as a full-time officer, 1,128
proprietor, partner, or employee. If the person INDIVIDUAL is 1,129
issued or holds a qualification certificate LICENSE and meets the 1,131
requirements of this section for the assignment of his rights in 1,133
the qualification certificate LICENSE to a business entity, the 1,135
administrative section shall assign the certificate holder's 1,136
rights LICENSE to and issue the qualification certificate A 1,138
LICENSE in the name of the business entity. The qualification 1,140
certificate LICENSE assigned and issued to a business entity 1,142
under this division shall state the name and position of the 1,143
person INDIVIDUAL who assigned his right in the qualification 1,145
certificate LICENSE to the business entity.
(C) During the period the A business entity holds the 1,147
qualification certificate A LICENSE issued under division (A)(B) 1,149
of this section, the administrative section shall not issue a 1,150
qualification certificate to the person INDIVIDUAL who assigned 1,152
his rights in the qualification certificate LICENSE to the 1,153
business entity ANOTHER LICENSE FOR THE SAME TYPE OF CONTRACTING 1,155
FOR WHICH THE ASSIGNED LICENSE IS UTILIZED BY THE BUSINESS 1,156
ENTITY.
(D)(1) If the person AN INDIVIDUAL who assigned his rights 1,159
in a qualification certificate LICENSE to a business entity 1,160
becomes disassociated CEASES TO BE ASSOCIATED with the business 1,162
entity FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEATH OF 1,163
THE INDIVIDUAL, the person INDIVIDUAL OR BUSINESS ENTITY 1,164
25
immediately shall notify the appropriate section of the board of 1,165
his disassociation THE DATE ON WHICH THE INDIVIDUAL CEASED TO BE 1,166
ASSOCIATED WITH THE BUSINESS ENTITY. A qualification certificate 1,167
LICENSE assigned to a business entity is invalid ninety days 1,170
after the disassociation DATE ON WHICH THE INDIVIDUAL WHO 1,171
ASSIGNED THE LICENSE CEASES TO BE ASSOCIATED WITH THE BUSINESS 1,172
ENTITY.
(2) IF A LICENSE ASSIGNED TO A BUSINESS ENTITY BECOMES 1,175
INVALID PURSUANT TO DIVISION (D)(1) OF THIS SECTION AND ANOTHER 1,177
INDIVIDUAL HAS ASSIGNED A LICENSE TO THE BUSINESS ENTITY FOR THE 1,178
SAME TYPE OF CONTRACTING FOR WHICH THE INVALIDATED LICENSE HAD 1,179
BEEN ASSIGNED, THE BUSINESS ENTITY MAY CONTINUE TO OPERATE UNDER 1,180
THE OTHER ASSIGNED LICENSE. 1,181
(E) Any work conducted by a business entity under a 1,183
qualification certificate LICENSE assigned under this section is 1,184
deemed to be conducted under the personal supervision of the 1,186
person INDIVIDUAL named in the qualification certificate LICENSE 1,188
and all violations of any terms of the qualification certificate 1,190
LICENSE are imputed DEEMED to HAVE BEEN COMMITTED BY the person 1,192
INDIVIDUAL named in the qualification certificate LICENSE. 1,193
FOR THE PERIOD OF TIME DURING WHICH MORE THAN ONE LICENSE 1,196
FOR THE SAME TYPE OF CONTRACTING IS ASSIGNED UNDER THIS SECTION 1,197
TO A BUSINESS ENTITY, ANY WORK CONDUCTED BY THE BUSINESS ENTITY 1,198
UNDER ANY OF THOSE LICENSES IS DEEMED TO BE CONDUCTED UNDER THE 1,199
PERSONAL SUPERVISION OF THE INDIVIDUALS NAMED IN EACH OF THE 1,200
LICENSES AND ALL VIOLATIONS OF ANY TERMS OF ANY OF THE LICENSES 1,201
ARE DEEMED TO HAVE BEEN COMMITTED BY THE INDIVIDUALS NAMED IN 1,202
EACH OF THE LICENSES. 1,203
(F) No person INDIVIDUAL who assigns his rights in a 1,205
qualification certificate LICENSE to a business entity under 1,207
division (B) of this section: 1,208
(1) Is eligible to receive a separate qualification 1,210
certificate in his name during the time the business entity holds 1,212
the certificate; 1,213
26
(2) Shall SHALL assign his rights in a qualification 1,216
certificate LICENSE FOR THE SAME TYPE OF CONTRACTING to a ANOTHER 1,218
business entity, if that assignment takes place within UNTIL 1,220
AFTER ninety days after the person becomes disassociated 1,221
INDIVIDUAL CEASES TO BE ASSOCIATED with a THE business entity to 1,223
whom the person INDIVIDUAL had previously assigned his rights to 1,225
a qualification certificate LICENSE.
(G) Any person INDIVIDUAL who assigns his rights in a 1,227
qualification certificate LICENSE to a business entity under this 1,229
section shall be actively engaged in the business AS THE TYPE OF 1,231
CONTRACTOR for which the qualification certificate LICENSE is 1,233
issued and be readily available for consultation with the 1,235
business entity to which the qualification certificate LICENSE is 1,237
assigned.
(H) No qualification certificate LICENSE assigned under 1,239
this section shall be used by ASSIGNED TO more than one business 1,240
entity at a time. 1,241
Sec. 4740.08. Upon application to the appropriate section 1,250
of the Ohio construction industry examining board and payment of 1,251
the fee specified in DETERMINED PURSUANT TO section 4740.09 of 1,252
the Revised Code for the issuance of a qualification certificate 1,254
LICENSE, the appropriate section of the board shall direct 1,256
AUTHORIZE the administrative section of the board to issue, 1,258
without examination, a qualification certificate LICENSE to an 1,259
individual registered, licensed, or certified in another state of 1,260
the United States, provided that the appropriate section of the 1,261
board determines pursuant to the rule adopted under division 1,262
(A)(5) of section 4740.05 of the Revised Code that the 1,263
requirements for registration, licensure, or certification under 1,264
the laws of the other state of the United States are 1,265
substantially equal to the requirements for the issuance of a 1,266
qualification certificate LICENSURE in this state and further 1,267
provided that such other state extends similar reciprocity to 1,269
holders of qualification certificates PERSONS LICENSED under this 1,270
27
chapter. THE APPROPRIATE SECTION OF THE BOARD MAY WITHDRAW ITS 1,272
AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,273
LICENSE FOR GOOD CAUSE SHOWN PRIOR TO THE ADMINISTRATIVE 1,274
SECTION'S ISSUANCE OF THE LICENSE. 1,275
Sec. 4740.09. (A) The fees for the qualification 1,284
certificates LICENSES and their renewal, and for applying to take 1,286
the examinations required for the issuance of qualification 1,288
certificates are as follows:
(1) Twenty-five dollars for the application to take the 1,290
required examination for each qualification certificate. This 1,291
fee is in addition to the fee described in division (A)(2) of 1,292
section 4740.05 of the Revised Code that may be charged to the 1,293
applicant by a third party responsible for the preparation, 1,294
administration, and scoring of the examination.
(2) Twenty-five dollars for the issuance of each 1,296
qualification certificate; 1,297
(3) Forty dollars for the annual renewal of each 1,299
qualification certificate. 1,300
(B) Subject INCLUDING LATE FEES, SUBJECT to the approval 1,302
of the controlling board, the administrative SHALL BE DETERMINED 1,304
BY EACH RESPECTIVE SECTION OF THE OHIO CONSTRUCTION INDUSTRY 1,305
EXAMINING BOARD. EACH RESPECTIVE section of the Ohio 1,306
construction industry examining board may increase the THESE fees 1,307
specified in division (A) of this section, provided that no 1,309
increase exceeds fifty per cent of the fees specified in that 1,310
division LOWEST FEE DETERMINED BY THAT SECTION OF THE BOARD 1,311
DURING THE THREE-YEAR PERIOD IMMEDIATELY PRECEDING AN INCREASE, 1,312
AND FURTHER PROVIDED THAT NO INCREASE IS MADE MORE THAN ONCE A
YEAR. 1,313
Sec. 4740.10. (A) The heating, ventilating, air 1,322
conditioning, and refrigeration section of the Ohio construction 1,323
industry examining board for heating, ventilating, and air 1,324
conditioning contractors and for refrigeration contractors; the 1,325
electrical section of the board for electrical contractors; the 1,326
28
plumbing section of the board for plumbing contractors; and both 1,327
the plumbing section and the heating, ventilating, air 1,328
conditioning, and refrigeration section for hydronics contractors 1,329
may SUSPEND OR REVOKE A LICENSE AND MAY direct the administrative 1,330
section of the board to suspend, revoke, or refuse to issue or 1,332
renew any qualification certificate A LICENSE if the section of 1,334
the board finds that the applicant or certificate holder LICENSEE 1,335
has done any of the following:
(1) Been convicted of a misdemeanor involving moral 1,337
turpitude or a felony; 1,338
(2) Violated any provision of this chapter or the rules 1,340
adopted pursuant thereto; 1,341
(3) Obtained his qualification certificate A LICENSE or 1,344
any board or section order, ruling, or authorization OF THE BOARD 1,345
by means of fraud or, misrepresentation, OR DECEPTION; 1,347
(4) Been guilty of gross misconduct in pursuit of his 1,349
profession ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,350
THE CONDUCT OF BUSINESS. 1,351
(B) The appropriate section of the board shall determine 1,353
the length OF TIME that a qualification certificate LICENSE is to 1,355
be suspended or AND whether OR WHEN an individual whose 1,357
qualification certificate LICENSE has been revoked may apply for 1,360
reinstatement and, if so, when. The appropriate section of the 1,361
board may accept or refuse an application for reinstatement and 1,362
may require an examination for reinstatement. 1,363
(C) THE APPROPRIATE SECTION OF THE BOARD MAY INVESTIGATE 1,365
ANY ALLEGED VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT 1,366
THERETO. If, AFTER ITS INVESTIGATION, A SECTION OF THE BOARD 1,367
DETERMINES THAT any person has engaged or is engaging in any 1,368
practice that violates this chapter or the rules adopted pursuant 1,369
thereto, the administrative THAT section of the board may apply 1,371
to the court of common pleas of the county in which the alleged 1,372
SECTION DETERMINED THAT THE violation occurred or is occurring 1,374
for an injunction or other appropriate relief to restrain the act 1,375
29
ENJOIN OR TERMINATE THE VIOLATION. 1,376
(D) Any person who wishes to make a complaint against a 1,378
person who holds a qualification certificate LICENSE shall submit 1,380
the complaint in writing to the appropriate section of the board 1,381
within one year after the date of the action or event upon which 1,382
the complaint is based. 1,383
Sec. 4740.12. (A) Except as otherwise provided in this 1,392
chapter, only a municipal corporation pursuant to section 715.27 1,393
of the Revised Code or a board of county commissioners pursuant 1,394
to section 3781.102 of the Revised Code shall regulate the 1,395
licensing of heating, ventilating, and air conditioning 1,396
contractors, refrigeration contractors, electrical contractors, 1,397
plumbing contractors, and hydronics contractors. 1,398
(B) Nothing in this chapter shall be construed to limit 1,400
the operation of any statute or rule of this state or any 1,401
ordinance or rule of any political subdivision, district, or 1,402
agency of the state that: 1,403
(1)(A) Regulates the installation, repair, maintenance, or 1,405
alteration of plumbing systems, electrical systems, heating, 1,406
ventilating, and air conditioning systems, or refrigeration 1,407
systems; 1,408
(2)(B) Requires the registration and assessment of a 1,410
registration or license fee of individuals who are engaged in the 1,411
business of TRADESPERSONS WHO PERFORM heating, ventilating, and 1,412
air conditioning, refrigeration, electrical, plumbing, or 1,414
hydronics contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, 1,415
REPAIR, OR MAINTENANCE.
Section 2. That existing sections 715.27, 3781.102, 1,417
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 1,418
4740.08, 4740.09, 4740.10, and 4740.12, and sections 4740.13 and 1,419
4740.99 of the Revised Code are hereby repealed. 1,420
Section 3. (A) On or before one hundred twenty days after 1,422
the effective date of this section, the Ohio Construction 1,423
Industry Examining Board shall send notice by regular mail to the 1,424
30
legislative authority of a municipal corporation and to the board 1,426
of county commissioners of every county that, prior to the 1,427
effective date of this section, provided for the licensing or 1,428
registration of heating, ventilating, and air conditioning 1,429
contractors, refrigeration contractors, plumbing contractors, 1,430
electrical contractors, or hydronics contractors, informing the 1,431
municipal corporation and board of county commissioners of the 1,432
provisions of this act.
(B) Within ninety days after the effective date of this 1,434
section, the board shall publish notice of the provisions of this 1,435
act in appropriate trade publications and in a newspaper of 1,436
general circulation in each of the nine most populous 1,437
metropolitan areas of this state, once a week for three 1,438
consecutive weeks.
Section 4. (A) The heating, ventilating, air 1,440
conditioning, and refrigeration section of the Ohio Construction 1,441
Industry Examining Board for heating, ventilating, and air 1,442
conditioning contractors and refrigeration contractors; the 1,443
plumbing section of the board for plumbing contractors; the 1,444
electrical section for electrical contractors; and both the 1,445
heating, ventilating, air conditioning, and refrigeration section 1,446
and the plumbing section for hydronics contractors shall issue a 1,447
license for those types of contractors, as appropriate, to any 1,449
individual who meets the criteria described in division (B) or 1,450
(C) of this section. 1,451
(B) The individual does all of the following: 1,453
(1) Applies to the appropriate section of the board within 1,455
seven months after the effective date of this section; 1,456
(2) Pays the appropriate fee determined pursuant to 1,458
section 4740.09 of the Revised Code; 1,459
(3) Has been actively engaged as a heating, ventilating, 1,461
and air conditioning contractor, refrigeration contractor, 1,462
plumbing contractor, electrical contractor, or hydronics 1,463
contractor, as applicable, in this state for at least three years 1,464
31
immediately prior to the effective date of this section; 1,465
(4) Furnishes business records or other evidence to verify 1,467
the experience required under division (C)(1)(c) of this section 1,468
to the satisfaction of the appropriate section of the board; 1,469
(5) Provides evidence of all of the following: 1,471
(a) Current contractor's liability insurance, including 1,473
without limitation, complete operations coverage, in the amount 1,474
of three hundred thousand dollars; 1,475
(b) Compliance with Chapters 4121. and 4123. of the 1,477
Revised Code; 1,478
(c) Compliance with any other applicable legal 1,480
requirements to do business in this state, as determined by the 1,481
board.
(C) The individual applies to the appropriate section of 1,483
the board within one year after the effective date of this 1,484
section, pays the appropriate fee determined pursuant to section 1,485
4740.09 of the Revised Code, and demonstrates that the individual 1,486
satisfies qualification requirements as the board determines, to 1,487
the board's satisfaction. 1,488
(D) Notwithstanding division (B)(5)(a) of this section, 1,490
when more than one individual affiliated with a business entity 1,491
is issued a license pursuant to division (B) or (C) of this 1,492
section, those individuals collectively shall provide to the 1,493
appropriate section of the board evidence of current contractor's 1,494
liability coverage, including complete operations coverage, in
the total amount of three hundred thousand dollars. 1,495
(E) A person who holds a valid and unexpired qualification 1,497
certificate issued prior to the effective date of this section 1,498
under Chapter 4740. of the Revised Code and who provides evidence 1,499
of current contractor's liability insurance, including, without 1,500
limitation, complete operations coverage, in the amount of three 1,501
hundred thousand dollars, shall be deemed by the Ohio 1,502
Construction Industry Examining Board as holding a license under 1,504
this act until the expiration date of the qualification
32
certificate. Thereafter, licensure renewal shall be in 1,506
accordance with Sections 1 and 2 of this act.
Section 5. Sections 1 and 2 of this act shall take effect 1,508
one hundred eighty days after the effective date of this section. 1,509
Section 6. In enacting this legislation, both of the 1,511
following are the intent of the General Assembly: 1,513
(A) That the provisions of this act are general laws 1,516
created in the exercise of the state's police power, arising out 1,517
of matters of statewide concern, and are designed for the health, 1,518
safety, and welfare of contractors, their employees, and the 1,519
public;
(B) That the provisions of this act eliminate duplicative 1,521
bureaucracies to create a system under which an affected 1,522
contractor may obtain a single license to permit the contractor 1,523
to do business in all parts of this state and to obtain 1,524
authorization to do business in other states.
Section 7. In enacting this legislation, it is not the 1,526
intent of the General Assembly to classify or reclassify 1,527
construction activities to place them under the scope of this 1,528
act, or to interfere with the right of a construction employer to 1,529
assign employees to construction activities as enunciated by the 1,530
Ohio Supreme Court in Pipefitters Union Local 392 v. Kokosing 1,531
Construction Co., Inc. (1998) 81 Ohio St.3d 214, regardless of 1,532
whether the construction activities are governed by the rules 1,533
adopted by the Board of Building Standards pursuant to Chapter 1,534
3781. of the Revised Code. 1,535