As Reported by the Senate Insurance, Commerce 2
and Labor Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 434 6
1999-2000 7
REPRESENTATIVES BUEHRER-CATES-HOOPS-MOTTLEY-NETZLEY-OLMAN- 8
TRAKAS-KRUPINSKI-CORBIN-VERICH-ROBINSON-WILLIAMS-HARRIS- 9
TERWILLEGER-CALVERT-WIDENER-FERDERBER-METTLER-HOLLISTER- 10
YOUNG-SCHULER-PERRY-HARTNETT-JOLIVETTE-D. MILLER 11
_________________________________________________________________ 13
A B I L L
To amend sections 715.27, 3781.102, 4104.04, 4740.01 15
to 4740.10, and 4740.12, to enact new section 16
4740.13 and section 4740.14, and to repeal
sections 4740.13 and 4740.99 of the Revised Code 18
to require statewide licensing of specified 19
contractors and make additional modifications to 20
the Construction Industry Certification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 715.27, 3781.102, 4104.04, 24
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 25
4740.08, 4740.09, 4740.10, and 4740.12 be amended and new section 26
4740.13 and section 4740.14 of the Revised Code be enacted to 28
read as follows:
Sec. 715.27. (A) Any municipal corporation may: 38
(1) Regulate the erection of fences, billboards, signs, 40
and other structures, within the municipal corporation, and 41
provide for the removal and repair of insecure billboards, signs, 42
and other structures; 43
(2) Regulate the construction and repair of wires, poles, 45
plants, and all equipment to be used for the generation and 46
application of electricity; 47
(3) Except as limited by division (B) of this section, 49
2
provide PROVIDE for the licensing of house movers, heating, 50
ventilating, and air conditioning contractors, refrigeration 52
contractors, electrical contractors,; plumbers, plumbing 53
contractors, hydronics contractors,; sewer tappers, and; vault 55
cleaners; AND SPECIALTY CONTRACTORS WHO ARE NOT REQUIRED TO HOLD 58
A VALID AND UNEXPIRED LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF 60
THE REVISED CODE.
(B)(1) Except as provided in division (B)(2) of this 62
section, a A municipal corporation may, pursuant to division 63
(A)(3) of this section, require all heating, ventilating, and air 64
conditioning contractors, refrigeration contractors, electrical 65
contractors, plumbing contractors, and hydronics SPECIALTY 67
contractors OTHER THAN THOSE WHO HOLD A VALID AND UNEXPIRED 68
LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF THE REVISED CODE, to 70
successfully complete an examination, test, or demonstration of 71
technical skills, and may impose a fee and additional 72
requirements for a license or registration to engage in their 73
respective occupations within the jurisdiction of the municipal 74
corporation.
(2)(B) No municipal corporation shall require any heating, 76
ventilating, and air conditioning contractor, refrigeration 77
contractor, electrical contractor, plumbing contractor, or 78
hydronics SPECIALTY contractor who has HOLDS a valid and 80
unexpired qualification certificate LICENSE ISSUED PURSUANT TO 82
CHAPTER 4740. OF THE REVISED CODE to successfully complete an 83
examination, test, or demonstration of technical skills in order 85
to receive a license or registration to engage in his respective 86
business, except that a THE TYPE OF CONTRACTING FOR WHICH THE 88
LICENSE IS HELD, WITHIN THE municipal corporation that has 89
adopted, on or before the effective date of this amendment, a 90
heating, ventilating, and air conditioning, or refrigeration, 92
electrical, hydronics, or plumbing code which is not in conflict 93
with Chapter 3781. or 3791. of the Revised Code or rules adopted 94
thereunder, may require a contractor who holds a valid and 95
3
unexpired qualification certificate to successfully complete an 96
examination or test only in those areas that differ from 97
requirements established under Chapters 3781. and 3791. of the 98
Revised Code and rules adopted thereunder. 99
(3) A municipal corporation may impose a fee and 101
additional requirements for licensure or registration of an 103
individual 104
(C) FOR A SPECIALTY CONTRACTOR who holds a valid and 106
unexpired qualification certificate in order for LICENSE ISSUED 109
PURSUANT TO CHAPTER 4740. OF THE REVISED CODE, BEFORE that 111
individual to SPECIALTY CONTRACTOR MAY engage in his respective 113
business THE TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD 114
within the municipal corporation, A MUNICIPAL CORPORATION MAY
REQUIRE THE CONTRACTOR TO REGISTER WITH THE MUNICIPAL CORPORATION 115
AND MAY IMPOSE A FEE, provided that the fee and additional 118
requirements are IS the same for all individuals SPECIALTY 119
CONTRACTORS who wish to engage in that business TYPE OF 120
CONTRACTING, AND MAY REQUIRE A BOND AND PROOF OF ALL OF THE 121
FOLLOWING:
(1) INSURANCE PURSUANT TO DIVISION (B)(4) OF SECTION 123
4740.06 OF THE REVISED CODE; 124
(2) COMPLIANCE WITH CHAPTERS 4121. AND 4123. OF THE 126
REVISED CODE;
(3) REGISTRATION WITH THE TAX DEPARTMENT OF THE MUNICIPAL 128
CORPORATION. If 129
IF a municipal corporation REQUIRES REGISTRATION, imposes 132
such a fee, or additional requirements REQUIRES A BOND OR PROOF 134
OF THE ITEMS LISTED IN DIVISIONS (C)(1), (2), AND (3) OF THIS 135
SECTION, the municipal corporation immediately shall permit an 136
individual A CONTRACTOR who presents proof of holding a valid and 138
unexpired qualification certificate and who LICENSE ISSUED 139
PURSUANT TO CHAPTER 4740. OF THE REVISED CODE, WHO REGISTERS, 141
pays the required fee and satisfies all additional requirements 144
imposed by the municipal corporation, OBTAINS A BOND, AND SUBMITS 145
4
THE PROOF DESCRIBED UNDER DIVISIONS (C)(1), (2), AND (3) OF THIS 146
SECTION, AS REQUIRED, to engage in his respective business THE 147
TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD, within the 148
municipal corporation. 150
(C)(D) A MUNICIPAL CORPORATION MAY REVOKE THE REGISTRATION 152
OF A CONTRACTOR REGISTERED WITH THAT MUNICIPAL CORPORATION FOR 154
GOOD CAUSE SHOWN. GOOD CAUSE SHOWN INCLUDES THE FAILURE OF A 155
CONTRACTOR TO MAINTAIN A BOND OR THE ITEMS LISTED IN DIVISIONS 157
(C)(1), (2), AND (3) OF THIS SECTION, IF THE MUNICIPAL
CORPORATION REQUIRES THOSE. 158
(E) A MUNICIPAL CORPORATION THAT LICENSES SPECIALTY 160
CONTRACTORS PURSUANT TO DIVISION (A)(3) OF THIS SECTION MAY 161
ACCEPT, FOR PURPOSES OF SATISFYING THE REQUIREMENTS OF THAT 162
DIVISION, A VALID AND UNEXPIRED LICENSE ISSUED PURSUANT TO 163
CHAPTER 4740. OF THE REVISED CODE THAT IS HELD BY A SPECIALTY 165
CONTRACTOR, FOR THE CONSTRUCTION, REPLACEMENT, MAINTENANCE, OR
REPAIR OF ONE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING HOUSES 167
OR ACCESSORY STRUCTURES INCIDENTAL TO THOSE DWELLING HOUSES. 169
(F) As used in this section, "SPECIALTY CONTRACTOR" MEANS 172
A heating, ventilating, and air conditioning contractor," 174
"refrigeration contractor," "electrical contractor," "plumbing 175
contractor," " OR hydronics contractor," and "qualification 177
certificate" have the same meanings as those terms are defined in 178
section 4740.01 of the Revised Code. 179
Sec. 3781.102. (A) Any county or municipal building 188
department certified pursuant to division (E) of section 3781.10 189
of the Revised Code as of September 14, 1970, and which was THAT, 191
as of such THAT date, WAS inspecting single-family, two-family, 193
and three-family residences, and any township building department 194
certified pursuant to division (E) of section 3781.10 of the 195
Revised Code, is hereby declared to be certified to inspect 196
single-family, two-family, and three-family residences containing 197
industrialized units, and such building department shall inspect 198
such THE buildings or classes of buildings subject to the 199
5
provisions of division (E) of section 3781.10 of the Revised 201
Code.
(B) Except as limited by division (C) of this section, 203
each EACH board of county commissioners may adopt, by resolution, 204
rules establishing standards and providing for the licensing of 205
electrical and heating, ventilating, and air conditioning 206
contractors WHO ARE NOT REQUIRED TO HOLD A VALID AND UNEXPIRED 207
LICENSE PURSUANT TO CHAPTER 4740. OF THE REVISED CODE. 208
Rules adopted by a board of county commissioners pursuant 210
to this division may be enforced within the unincorporated areas 211
of the county and within any municipal corporation where the 212
legislative authority of the municipal corporation has contracted 213
with the board for the enforcement of the county rules within the 214
municipal corporation pursuant to section 307.15 of the Revised 215
Code. The rules shall not conflict with rules adopted by the 216
board of building standards pursuant to section 3781.10 of the 217
Revised Code or by the department of commerce pursuant to Chapter 218
3703. of the Revised Code. This division does not impair or 219
restrict the power of municipal corporations under Section 3 220
Article XVIII, Ohio Constitution, to adopt rules concerning the 222
erection, construction, repair, alteration, and maintenance of 223
buildings and structures or of establishing standards and
providing for the licensing of electrical and heating, 224
ventilating, and air conditioning SPECIALTY contractors pursuant 225
to section 715.27 of the Revised Code. 227
(C)(1) Except as provided in division (C)(2) of this 229
section, a A board of county commissioners, pursuant to THIS 230
division (B) of this section, may require all electrical 232
contractors and heating, ventilating, and air conditioning 233
contractors, OTHER THAN THOSE WHO HOLD A VALID AND UNEXPIRED 234
LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF THE REVISED CODE, to 235
successfully complete an examination, test, or demonstration of 236
technical skills, and may impose a fee and additional 237
requirements for a license to engage in their respective 238
6
occupations within the jurisdiction of the board's rules under 239
THIS division (B) of this section. 241
(2)(C) No board of county commissioners shall require any 243
electrical contractor or heating, ventilating, and air 244
conditioning SPECIALTY contractor who has HOLDS a valid and 246
unexpired qualification certificate LICENSE ISSUED PURSUANT TO 248
CHAPTER 4740. OF THE REVISED CODE to successfully complete an 250
examination, test, or demonstration of technical skills in order 251
to receive a license to engage in the contractor's respective 253
business, except that a board that has adopted, on or before July 254
31, 1992, a heating, ventilating, and air conditioning, or 256
refrigeration, electrical, hydronics, or plumbing code which is 257
not in conflict with Chapter 3781. or 3791. of the Revised Code 258
or rules adopted thereunder, may require a contractor who holds a 259
valid and unexpired qualification certificate to successfully 260
complete an examination or test only in those areas that differ 261
from requirements established under Chapters 3781. and 3791. of 262
the Revised Code and rules adopted thereunder TYPE OF CONTRACTING 264
FOR WHICH THE LICENSE IS HELD, WITHIN THE UNINCORPORATED AREAS OF 265
THE COUNTY AND WITHIN ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE 266
AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF 267
COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO 268
SECTION 307.15 OF THE REVISED CODE. 270
(3)(D) A board may impose a fee and additional 272
requirements for licensure REGISTRATION of an individual A 274
SPECIALTY CONTRACTOR who holds a valid and unexpired 275
qualification certificate, in order for LICENSE ISSUED PURSUANT 276
TO CHAPTER 4740. OF THE REVISED CODE BEFORE that individual to 278
SPECIALTY CONTRACTOR MAY engage in the individual's respective 279
business TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD within 280
the jurisdiction of the board's rules under division (B) of this 282
section UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY 283
MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED 284
WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN 285
7
THE MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE 287
REVISED CODE, provided that the fee and additional requirements 289
are IS the same for all individuals SPECIALTY CONTRACTORS who 290
wish to engage in the business THAT TYPE OF CONTRACTING. If the 292
A board imposes such a fee or additional requirements, the board 293
immediately shall permit an individual A SPECIALTY CONTRACTOR who 294
presents proof of holding a valid and unexpired qualification 297
certificate LICENSE and who pays the required fee and satisfies 299
all additional requirements imposed by the board to engage in the 300
individual's respective business TYPE OF CONTRACTING FOR WHICH 301
THE LICENSE IS HELD within the jurisdiction of the board's rules 304
under division (B) of this section UNINCORPORATED AREAS OF THE 305
COUNTY AND WITHIN ANY MUNICIPAL CORPORATION WHOSE LEGISLATIVE 306
AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT OF 307
COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO
SECTION 307.15 OF THE REVISED CODE. 308
(D) As used in this section, "electrical contractor," 310
"heating, ventilating, and air conditioning contractor," and 311
"qualification certificate" have the same meanings as in section 312
4740.01 of the Revised Code. 313
(E) The political subdivision associated with each 315
municipal, township, and county building department certified by 316
the board of building standards pursuant to division (E) of 317
section 3781.10 of the Revised Code may prescribe fees to be paid 318
by persons, political subdivisions, or any department, agency, 319
board, commission, or institution of the state, for the 320
acceptance and approval of plans and specifications, and for the 321
making of inspections, pursuant to sections 3781.03 and 3791.04 322
of the Revised Code. 323
(F) Each political subdivision that prescribes fees 325
pursuant to division (E) of this section shall collect, on behalf 327
of the board of building standards, a fee equal to three per cent 329
of such fees. The board shall adopt rules, in accordance with 330
Chapter 119. of the Revised Code, specifying the manner in which 331
8
the fee assessed pursuant to this division shall be collected and 333
remitted monthly to the board. The board shall pay the fee
assessed pursuant to this division into the state treasury to the 334
credit of the industrial compliance operating fund created in 335
section 121.084 of the Revised Code. 336
All money credited to the fund under this division shall be 338
used exclusively for both of the following: 339
(1) Operating costs of the board; 341
(2) Providing services, including educational programs, 343
for the building departments that are certified by the board 344
pursuant to division (E) of section 3781.10 of the Revised Code. 345
(G) A BOARD OF COUNTY COMMISSIONERS THAT ADOPTS RULES 347
PROVIDING FOR THE LICENSING OF ELECTRICAL AND HEATING, 348
VENTILATING, AND AIR CONDITIONING CONTRACTORS, PURSUANT TO 349
DIVISION (B) OF THIS SECTION, MAY ACCEPT, FOR PURPOSES OF 350
SATISFYING THE REQUIREMENTS OF RULES ADOPTED UNDER THAT DIVISION, 351
A VALID AND UNEXPIRED LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF 352
THE REVISED CODE THAT IS HELD BY AN ELECTRICAL OR HEATING, 353
VENTILATING, AND AIR CONDITIONING CONTRACTOR, FOR THE
CONSTRUCTION, REPLACEMENT, MAINTENANCE, OR REPAIR OF ONE-FAMILY,
TWO-FAMILY, OR THREE-FAMILY DWELLING HOUSES OR ACCESSORY 354
STRUCTURES INCIDENTAL TO THOSE DWELLING HOUSES. 355
(H) AS USED IN THIS SECTION, "SPECIALTY CONTRACTOR" MEANS 357
A HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR, 358
REFRIGERATION CONTRACTOR, ELECTRICAL CONTRACTOR, PLUMBING
CONTRACTOR, OR HYDRONICS CONTRACTOR, AS THOSE TERMS ARE DEFINED 359
IN SECTION 4740.01 OF THE REVISED CODE. 360
Sec. 4104.04. (A) Sections 4104.01 to 4104.20, and 369
section 4104.99 of the Revised Code do not apply to the following 370
boilers and unfired pressure vessels: 371
(1) Boilers and unfired pressure vessels under federal 373
control or subject to inspection under federal laws; 374
(2) Air tanks located on vehicles operating under the 376
rules of other state authorities and used for carrying 377
9
passengers, or freight; 378
(3) Air tanks installed on the right of way of railroads 380
and used directly in the operation of trains; 381
(4) Unfired pressure vessels which are under the 383
regulation and control of the state fire marshal under Chapter 384
3737. of the Revised Code. 385
(B) The following boilers and unfired pressure vessels are 387
exempt from the requirements of sections 4104.10, 4104.101, 388
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be 389
equipped with such appliances, to insure safety of operation, as 390
are prescribed by the board: 391
(1) Portable boilers or unfired pressure vessels when 393
located on farms and used solely for agricultural purposes; 394
(2) Steam or vapor boilers carrying a pressure of not more 396
than fifteen psig, which are located in private residences or in 397
apartment houses of less than six family units; 398
(3) Hot water boilers operated at pressures not exceeding 400
one hundred sixty psig, or temperatures not exceeding two hundred 401
fifty degrees Fahrenheit, which are located in private residences 402
or in apartment houses of less than six family units; 403
(4) Unfired pressure vessels containing only water under 405
pressure for domestic supply purposes, including those containing 406
air, the compression of which serves only as a cushion or airlift 407
pumping system, when located in private residences or in 408
apartment houses of less than six family units; 409
(5) Portable boilers used in pumping, heating, steaming, 411
and drilling, in the open field, for water, gas, and oil; 412
(6) Portable boilers used in the construction of and 414
repair to public roads, railroads, and bridges; 415
(7) HISTORICAL STEAM BOILERS OF RIVETED CONSTRUCTION, 417
PRESERVED, RESTORED, OR MAINTAINED FOR HOBBY OR DEMONSTRATION 418
USE.
Sec. 4740.01. As used in this chapter: 427
(A) "Qualification certificate LICENSE" means a 429
10
certificate LICENSE issued by the Ohio construction industry 432
examining board to an individual or business entity as a heating, 433
ventilating, and air conditioning contractor, refrigeration 434
contractor, electrical contractor, plumbing contractor, or 435
hydronics contractor.
(B) "Heating, ventilating, and air conditioning 437
contractor" means any individual OR BUSINESS ENTITY who assumes 438
responsible charge, supervision, or direction of persons engaged 440
in SATISFIES BOTH OF THE FOLLOWING: 441
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 444
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF heating, 445
ventilating, and air conditioning contracting, or CONSTRUCTION, 446
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 447
PROJECT AND who engages in, offers to engage in, IDENTIFIES, 450
advertises, or otherwise HOLDS OUT OR represents that he THE 452
INDIVIDUAL OR BUSINESS ENTITY is permitted OR QUALIFIED to engage 454
in the design of, planning of, superintending of, contracting 455
for, or responsible charge PERFORM, DIRECT, SUPERVISE, OR HAVE 456
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of heating, 459
ventilating, and air conditioning contracting CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 460
PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 462
AND WHO ARE TRAINED TO PERFORM HEATING, VENTILATING, AND AIR 463
CONDITIONING CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 464
MAINTENANCE ON A CONSTRUCTION PROJECT.
(C) "Refrigeration contractor" means any individual OR 466
BUSINESS ENTITY who assumes responsible charge, supervision, or 468
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 469
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 471
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF refrigeration 472
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 473
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 475
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 477
11
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 478
or qualified to engage in the design of, planning of, 480
superintending of, contracting for, or responsible charge DIRECT, 481
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 482
MANNER of refrigeration contracting CONSTRUCTION, IMPROVEMENT, 483
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 484
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 486
AND WHO ARE TRAINED TO PERFORM REFRIGERATION CONSTRUCTION, 487
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 488
PROJECT.
(D) "Electrical contractor" means any individual OR 490
BUSINESS ENTITY who assumes responsible charge, supervision, or 492
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 493
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 495
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF electrical 496
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 497
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 499
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 501
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 502
or qualified to engage in the design of, planning of, 504
superintending of, contracting for, or responsible charge DIRECT, 505
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 506
MANNER of electrical contracting CONSTRUCTION, IMPROVEMENT, 507
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 508
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 510
AND WHO ARE TRAINED TO PERFORM ELECTRICAL CONSTRUCTION, 511
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 512
PROJECT. As
AS used in this division CHAPTER, "electrical contracting" 516
does not include the construction, installation, alteration 517
IMPROVEMENT, RENOVATION, repair, OR maintenance, or service of 518
any fire OF THE FOLLOWING SYSTEMS USING LESS THAN FIFTY VOLTS: 519
(a) FIRE alarm or burglar alarm; 521
(b) TELE-DATA; 523
12
(c) CABLING; 525
(d) SOUND; 527
(e) COMMUNICATION; 529
(f) LANDSCAPE LIGHTING AND IRRIGATION. 531
(E) "Plumbing contractor" means any individual OR BUSINESS 533
ENTITY who assumes responsible charge, supervision, or direction 535
of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 536
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 538
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF plumbing 539
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 540
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 542
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 543
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 546
or qualified to engage in the design of, planning of,
superintending of, contracting for, or responsible charge DIRECT, 548
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 549
MANNER of plumbing CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, 550
OR MAINTENANCE ON A CONSTRUCTION PROJECT; 551
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 553
AND WHO ARE TRAINED TO PERFORM PLUMBING CONSTRUCTION, 554
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 555
PROJECT.
(F) "Hydronics contractor" means any individual OR 557
BUSINESS ENTITY who assumes responsible charge, supervision, or 558
direction of persons engaged in SATISFIES BOTH OF THE FOLLOWING: 559
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS 561
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF hydronics 562
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR 563
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers 564
to engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT OR 567
represents that he THE INDIVIDUAL OR BUSINESS ENTITY is permitted 568
or qualified to engage in the design of, planning of, 570
superintending of, contracting for, or responsible charge DIRECT, 571
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND 572
13
MANNER of hydronics contracting CONSTRUCTION, IMPROVEMENT, 573
RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT; 574
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM 576
AND WHO ARE TRAINED TO PERFORM HYDRONICS CONSTRUCTION, 577
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION 578
PROJECT.
(G) As used in this section, "contracting" means the 580
engagement of a person under any written or verbal contract, 581
agreement, or understanding, whereby such person provides 582
services or materials which are subject to examination under this 583
chapter "CONTRACTOR" MEANS A HEATING, VENTILATING, AND AIR 584
CONDITIONING CONTRACTOR, A REFRIGERATION CONTRACTOR, AN 585
ELECTRICAL CONTRACTOR, A PLUMBING CONTRACTOR, OR A HYDRONICS 586
CONTRACTOR. 587
(H) "TRADESPERSON" MEANS AN INDIVIDUAL WHO, FOR 590
COMPENSATION, ENGAGES IN CONSTRUCTION, IMPROVEMENT, RENOVATION, 591
REPAIR, OR MAINTENANCE OF BUILDINGS OR STRUCTURES WITHOUT 592
ASSUMING RESPONSIBILITY FOR THE MEANS, METHOD, OR MANNER OF THAT 593
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE. 594
(I) "CONSTRUCTION PROJECT" MEANS A CONSTRUCTION PROJECT 596
INVOLVING A BUILDING OR STRUCTURE THAT IS SUBJECT TO CHAPTER 598
3781. OF THE REVISED CODE AND THE RULES ADOPTED UNDER THAT 599
CHAPTER, BUT NOT INVOLVING THE FOLLOWING BUILDINGS OR STRUCTURES: 601
(1) AN INDUSTRIALIZED UNIT AS DEFINED IN DIVISION (C)(3) 603
OF SECTION 3781.06 OF THE REVISED CODE; 604
(2) A BUILDING OR STRUCTURE CONSTRUCTED PURSUANT TO RULES 606
ADOPTED UNDER SECTION 3781.181 OR 3781.21 OF THE REVISED CODE. 607
Sec. 4740.02. (A) There is hereby created WITHIN THE 616
DEPARTMENT OF COMMERCE, the Ohio construction industry examining 618
board, consisting of seventeen residents of this state. The 619
board shall consist of an administrative section, a plumbing 620
section, an electrical section, and a heating, ventilating, air 621
conditioning, and refrigeration section. The director of 623
commerce shall appoint all members of the board. The director or 624
14
his THE DIRECTOR'S designee shall serve as a member of the 625
administrative section and the director shall appoint to the 627
administrative section, one member who is a representative of the 628
public who is not a member of any group certified by ANY SECTION 630
OF the board. The plumbing, electrical, and heating, 632
ventilating, air conditioning, and refrigeration sections each 633
shall annually elect a member of each THEIR OWN respective 634
section to serve a one-year term on the administrative section. 635
(B) The plumbing section shall consist of five members, 637
four of whom are plumbing contractors, and one of whom is an 638
employee of A PLUMBING INSPECTOR EMPLOYED BY the department of 640
commerce other than the director or his designee who serves as a 641
member of the administrative section. Of the four plumbing 643
members, two shall be engaged in plumbing contracting and shall 644
represent unions representing plumbers and, A MUNICIPAL 645
CORPORATION, OR A HEALTH DISTRICT, two shall OF WHOM ARE PLUMBING 647
CONTRACTORS WHO have no affiliation with any union representing 649
plumbers, AND TWO OF WHOM ARE PLUMBING CONTRACTORS WHO ARE 650
SIGNATORIES TO AGREEMENTS WITH UNIONS REPRESENTING PLUMBERS. 652
(C) The electrical section shall consist of five members, 654
one of whom is a municipal building AN electrical inspector 655
EMPLOYED BY THE DEPARTMENT OF COMMERCE, A MUNICIPAL CORPORATION, 657
OR A COUNTY, two of whom are electrical contractors and who have 658
no affiliation with any union representing electricians, and two 659
of whom are electrical contractors and who represent ARE 660
SIGNATORIES TO AGREEMENTS WITH unions representing electricians. 662
(D) The heating, ventilating, air conditioning, and 664
refrigeration section shall consist of five members, one of whom 665
is a municipal heating, ventilating, air conditioning, and 666
refrigeration inspector EMPLOYED BY EITHER THE DEPARTMENT OF 667
COMMERCE OR A MUNICIPAL CORPORATION; two of whom are heating, 668
ventilating, and air conditioning CONTRACTORS or refrigeration 669
contractors and who have no affiliation with any union 671
representing persons engaged in heating, ventilating, and air 672
15
conditioning TRADESPERSONS or refrigeration contracting 674
TRADESPERSONS; and two of whom are heating, ventilating, and air 675
conditioning CONTRACTORS or refrigeration contractors and who 676
represent ARE SIGNATORIES TO AGREEMENTS WITH unions representing 678
heating, ventilating, and air conditioning TRADESPERSONS or 679
refrigeration contractors TRADESPERSONS. 680
(E) Within ninety days after July 31, 1992, initial 682
appointments shall be made to the board. Of the initial 684
appointments to the board, two appointments in each section, 685
other than the administrative section, are for terms ending one 686
year after July 31, 1992, and two are for terms ending two years 689
after July 31, 1992. All other appointments to the board are for 691
terms ending three years after July 31, 1992. Thereafter, terms 693
of office are for three years, each term ending on the same day 694
of the same month of the year as did the term that it succeeds. 695
Each member shall hold office from the date of his appointment 696
until the end of the term for which he THE MEMBER was appointed. 697
Members may be reappointed. Vacancies shall be filled in the 699
manner provided for original appointments. Any member appointed 700
to fill a vacancy occurring prior to the expiration date of the 701
term for which his THE MEMBER'S predecessor was appointed shall 702
hold office as a member for the remainder of that term. A member 704
shall continue in office subsequent to the expiration date of his 705
THE MEMBER'S term until his THE MEMBER'S successor takes office 706
or until a period of sixty days has elapsed, whichever occurs 708
first.
(F) Before entering upon the discharge of his OFFICIAL 710
duties, each member shall take, and file with the secretary of 712
state, the oath of office required by Section 7 of Article XV, 713
Ohio Constitution.
(G) Each member of the board, except for the director or 715
the designee the director appoints under division (A) of this 716
section, and the employee of the department of commerce the 717
director appoints under division (B) of this section, shall 718
16
receive a per diem amount fixed pursuant to section 124.15 of the 719
Revised Code when actually attending to matters of the board and 720
for the time spent in necessary travel, and all actual and 721
necessary expenses incurred in the discharge of his OFFICIAL 722
duties. 723
(H) The director of commerce may remove any member of the 726
board he THE DIRECTOR appoints for malfeasance, misfeasance, or 727
nonfeasance. 728
(I) Membership on the board and holding an ANY office of 730
the board does not constitute the holding of a public office or 731
employment within the meaning of any section of the Revised Code, 732
or an interest, either direct or indirect, in a contract or 733
expenditure of money by the state or any municipal corporation, 734
township, special district, school district, county, or other 735
political subdivision. No member or officer of the board is 736
disqualified from holding any public office or employment nor 737
shall the officer or member forfeit any PUBLIC office or 738
employment by reason of his HOLDING A position as an officer or 739
member of the board. 740
(J) The board is part of the department of commerce for 742
administrative purposes, AND EACH SECTION OF THE BOARD, SHALL 744
MEET ONLY AFTER ADEQUATE ADVANCE NOTICE OF THE MEETING HAS BEEN 745
GIVEN TO EACH MEMBER OF THE BOARD OR SECTION, AS APPROPRIATE. 746
Sec. 4740.03. (A) The administrative section of the Ohio 755
construction industry examining board annually shall elect from 756
among its members a chairperson and other officers as the board, 758
by rule, designates. The chairperson shall preside over meetings 759
of the administrative section or designate another member to 760
preside in the chairperson's absence. The administrative section 761
shall hold at least two regular meetings each year, but may meet 763
at additional times as specified by rule, at the call of the 764
chairperson, or upon the request of two or more members. A 765
majority of the members OF THE ADMINISTRATIVE SECTION constitutes 767
a quorum for the transaction of all business. The administrative 768
17
section may not take any action without the concurrence of AT 769
LEAST three OF ITS members.
(B)(1) The administrative section shall employ a 771
secretary, who is not a member of the board, to serve at the 772
pleasure of the ADMINISTRATIVE section, and shall fix the 773
compensation of the secretary. THE SECRETARY SHALL BE IN THE 775
UNCLASSIFIED CIVIL SERVICE OF THE STATE. 776
(2) The secretary shall do all of the following: 778
(a) Keep OR SET STANDARDS FOR AND DELEGATE TO ANOTHER 780
PERSON THE KEEPING OF the minutes, books, and other records and 781
files of the board and each section of the board; 782
(b) Issue all qualification certificates LICENSES in the 784
name of the board; 785
(c) Send out all notices, INCLUDING ADVANCE NOTICES OF 787
MEETINGS OF THE BOARD AND EACH SECTION OF THE BOARD, and attend 788
to all correspondence of the board and each section OF THE BOARD, 790
under the direction of the administrative section; 791
(d) Receive and deposit all fees payable pursuant to this 793
chapter into the construction industry examining fund created 794
pursuant to section 4740.11 of the Revised Code; 795
(e) Perform all other duties incidental to the office of 797
the secretary or properly assigned to the secretary by the 799
administrative section of the board. 801
(3) Before entering upon the discharge of the duties of 803
the secretary, the secretary shall file with the treasurer of 805
state a bond in the sum of five thousand dollars, payable to the 806
state, to ensure the faithful performance of the secretary's 807
duties. The board shall pay the premium of the bond in the same 809
manner as it pays other expenditures of the board. 810
(C) Upon the request of the administrative section of the 812
board, the director of commerce shall supply the board and its 814
sections with personnel, office space, and supplies, as the 815
director determines appropriate. THE ADMINISTRATIVE SECTION OF 816
THE BOARD SHALL EMPLOY ANY ADDITIONAL STAFF IT CONSIDERS 817
18
NECESSARY AND APPROPRIATE.
(D) The chairperson of the board or the secretary, or 819
both, as authorized by the board, shall approve all vouchers of 821
the board. 822
Sec. 4740.04. The administrative section of the Ohio 831
construction industry examining board is responsible for the 832
administration of this chapter and shall do all of the following: 833
(A) Schedule, administer, and supervise the examinations 835
for qualification certificates for heating, ventilating, and air 836
conditioning contractors, refrigeration contractors, electrical 837
contractors, plumbing contractors, and hydronics contractors, as 838
directed by the heating, ventilating, air conditioning, and 839
refrigeration section, the electrical section, and the plumbing 840
APPLICABLE section OF THE BOARD. The administrative section 842
shall conduct the SCHEDULE examinations TO BE HELD at least four 844
times per year.
(B) SELECT AND CONTRACT WITH ONE OR MORE PERSONS TO DO ALL 846
OF THE FOLLOWING RELATIVE TO THE EXAMINATIONS DESCRIBED IN 847
DIVISION (A) OF THIS SECTION: 848
(1) PREPARE, ADMINISTER, SCORE, AND MAINTAIN THE 850
CONFIDENTIALITY OF THE EXAMINATIONS; 851
(2) BE RESPONSIBLE FOR ALL THE EXPENSES REQUIRED TO 853
FULFILL DIVISION (B)(1) OF THIS SECTION; 855
(3) CHARGE AN APPLICANT A FEE, IN AN AMOUNT AUTHORIZED BY 857
THE ADMINISTRATIVE SECTION OF THE BOARD, FOR ADMINISTERING THE 858
EXAMINATION; 859
(4) DESIGN THE EXAMINATION FOR EACH TYPE OF CONTRACTOR TO 861
DETERMINE AN APPLICANT'S COMPETENCE TO PERFORM THE TYPE OF 862
CONTRACTING FOR WHICH THE APPLICANT IS SEEKING LICENSURE. 864
(C) Issue qualification certificates AND RENEW LICENSES to 867
individuals who have attained at least the minimum score on an 869
examination prepared AUTHORIZED by the plumbing section for 870
plumbing contractors, the electrical section for electrical 872
contractors, the heating, ventilating, air conditioning, and 873
19
refrigeration section for heating, ventilating, and air 874
conditioning contractors and refrigeration contractors, and both 875
the heating, ventilating, air conditioning, and refrigeration and 876
plumbing sections for hydronics contractors, ON THE CONDITION 878
THAT THE APPROPRIATE SECTION OF THE BOARD DETERMINES THAT THE 879
INDIVIDUAL ALSO IS QUALIFIED AS REQUIRED BY SECTION 4740.06 OF 880
THE REVISED CODE TO HOLD A LICENSE; 881
(C) Suspend, revoke, or refuse to issue or renew 883
qualification certificates as directed by the plumbing section 884
for plumbing contractors; the electrical section for electrical 885
contractors; the heating, ventilating, air conditioning, and 886
refrigeration section for heating, ventilating, and air 887
conditioning contractors and refrigeration contractors; and both 888
the heating, ventilating, air conditioning, and refrigeration and 889
plumbing sections for hydronics contractors; 890
(D) Make an annual written report to the director of 892
commerce on proceedings had by or before the board for the 894
previous year and make an annual statement of all money received 895
and expended by the board during the year;
(E) Keep a record containing the name, address, the date 897
on which the board issues or renews a qualification certificate 898
LICENSE to, and the qualification certificate LICENSE number of, 900
every heating, ventilating, and air conditioning contractor, 902
refrigeration contractor, electrical contractor, plumbing 903
contractor, and hydronics contractor issued a qualification 904
certificate LICENSE pursuant to this chapter; 906
(F) REGULATE A CONTRACTOR'S USE AND DISPLAY OF A LICENSE 908
ISSUED PURSUANT TO THIS CHAPTER AND OF ANY INFORMATION CONTAINED 909
IN THAT LICENSE; 910
(G) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 914
REVISED CODE AS NECESSARY TO PROPERLY DISCHARGE THE 916
ADMINISTRATIVE SECTION'S DUTIES UNDER THIS CHAPTER; 917
(H) Keep a record of its proceedings and do all things 919
necessary to carry out this chapter. 920
20
Sec. 4740.05. The heating, ventilating, air conditioning, 929
and refrigeration section of the Ohio construction industry 930
examining board for heating, ventilating, and air conditioning 931
contractors and refrigeration contractors; the plumbing section 932
of the board for plumbing contractors; the electrical section for 933
electrical contractors; and both the heating, ventilating, air 934
conditioning, and refrigeration and the plumbing sections for 935
hydronics contractors, shall do all of the following: 936
(A) Adopt rules in accordance with Chapter 119. of the 938
Revised Code as this chapter relates to their respective 939
sections. The rules shall be limited to the following: 940
(1) Application procedures for examinations; 942
(2) Approval of a third party to prepare, administer, and 944
score the examination. The approved third party shall be 945
responsible for all expenses associated with the preparation, 946
administration, and scoring of the examination and may charge the 947
applicant for a qualification certificate a fee for such 948
expenses. The examination for each type of contractor certified
pursuant to this chapter shall be substantially uniform and 950
designed so as to establish the competence and qualifications of 951
the applicant in the subjects pertinent to the particular 952
business for which the applicant seeks a qualification 953
certificate.
(3) Selection and approval of courses to meet the 955
continuing education requirements for renewal of a qualification 956
certificate, which requirements shall be no more than thirty 957
course hours over a three-year period for an individual who holds 958
one or more qualification certificates issued pursuant to section 959
4740.06 or 4740.08 of the Revised Code; 960
(4) Issuance of or refusal to issue qualification 962
certificates to qualified individuals and suspension or 963
revocation of qualification certificates of unqualified 964
individuals SPECIFICATIONS CONCERNING CONTINUING EDUCATION 965
REQUIREMENTS FOR LICENSE RENEWAL THAT ADDRESS ALL OF THE 967
21
FOLLOWING:
(a) CRITERIA FOR SELECTING AND APPROVING COURSES AND 970
PERSONS TO PROVIDE THOSE COURSES;
(b) A SPECIFICATION THAT INDIVIDUALS HOLDING A VALID AND 973
UNEXPIRED LICENSE BE REQUIRED TO ACCRUE NO MORE THAN THIRTY HOURS 974
OF CONTINUING EDUCATION COURSES OVER A PERIOD OF THREE YEARS; 975
(c) A REQUIREMENT THAT PERSONS SEEKING APPROVAL TO PROVIDE 978
CONTINUING EDUCATION COURSES SUBMIT INFORMATION REGARDING THE 979
COURSES TO THE APPROPRIATE SECTION OF THE BOARD FOR APPROVAL NOT 980
LESS THAN NINETY DAYS NOR MORE THAN ONE YEAR PRIOR TO THE DATE ON 981
WHICH THE COURSES ARE OFFERED, UNLESS A SECTION OF THE BOARD 982
PERMITS SUBMISSION AT A DIFFERENT TIME; 983
(d) A PROHIBITION AGAINST ANY PERSON PROVIDING A COURSE 986
FOR THE PURPOSE OF MEETING CONTINUING EDUCATION REQUIREMENTS 987
UNLESS, NOT MORE THAN ONE YEAR PRIOR TO THE DATE THE COURSE IS 988
OFFERED, THE PERSON HAS BEEN APPROVED BY THE APPROPRIATE SECTION 989
OF THE BOARD TO PROVIDE THAT COURSE; 990
(e) A PROVISION LIMITING APPROVAL OF CONTINUING EDUCATION 993
COURSES TO ONE YEAR;
(f) A PROVISION ESTABLISHING THE FOLLOWING ANNUAL FEES, TO 996
BE PAID TO THE BOARD BY PERSONS APPROVED TO PROVIDE CONTINUING 997
EDUCATION COURSES:
(i) FOR THE APPROVAL OF EACH CONTINUING EDUCATION COURSE, 1,000
NOT MORE THAN TEN DOLLARS PLUS ONE DOLLAR PER CREDIT HOUR; 1,001
(ii) FOR THE APPROVAL OF EACH PERSON PROVIDING CONTINUING 1,004
EDUCATION COURSES, TWENTY-FIVE DOLLARS. 1,005
(3) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 1,007
EVALUATING THE QUALIFICATIONS OF AN INDIVIDUAL; 1,008
(4) CRITERIA THE SECTION OF THE BOARD SHALL USE IN 1,010
DECIDING WHETHER TO ISSUE, RENEW, SUSPEND, REVOKE, OR REFUSE TO 1,011
ISSUE OR RENEW A LICENSE; 1,012
(5) Determinations and approvals made under the 1,014
reciprocity provision of section 4740.08 of the Revised Code. 1,015
(B) Investigate all allegations in reference to violations 1,017
22
of this chapter and the rules adopted pursuant thereto PERTAINING 1,018
TO THE SECTION and determine by rule a procedure for 1,020
investigations and hearings on these allegations; 1,021
(C) Keep MAINTAIN a record of its proceedings and; 1,024
(D) GRANT APPROVAL TO PERSONS TO OFFER CONTINUING 1,026
EDUCATION COURSES PURSUANT TO RULES ADOPTED UNDER DIVISION (A)(2) 1,028
OF THIS SECTION;
(E) AS REQUIRED, do all things necessary to carry out this 1,031
chapter.
Sec. 4740.06. (A) Any person INDIVIDUAL who applies for a 1,041
qualification certificate LICENSE shall file a written
application with the appropriate section of the Ohio construction 1,043
industry examining board, accompanied with the APPLICATION fee 1,044
set forth in AS DETERMINED PURSUANT TO section 4740.09 of the 1,046
Revised Code. The person INDIVIDUAL shall file the application 1,048
with the appropriate section not more than sixty days nor less 1,049
than thirty days prior to the date of the examination. The 1,050
application shall be on the form prescribed by the appropriate 1,051
section of the board and verified by the applicant's oath. It 1,052
shall contain information satisfactory to the appropriate section 1,053
showing that the applicant meets the requirements of division (B) 1,054
of this section.
(B) To receive a qualification certificate QUALIFY TO TAKE 1,056
THE EXAMINATION REQUIRED TO OBTAIN A LICENSE for a heating, 1,058
ventilating, and air conditioning contractor, refrigeration 1,059
contractor, electrical contractor, plumbing contractor, or 1,060
hydronics contractor, an individual shall: 1,061
(1) Be at least eighteen years of age; 1,063
(2) Be a United States citizen; 1,065
(3) Be of good moral character; 1,067
(4) Pass the examination given by the board in his 1,069
particular business and pay the required examination fee; 1,070
(5) Have the following experience in his particular 1,073
business:
23
(a) With respect to a heating, ventilating, and air 1,075
conditioning contractor or a refrigeration contractor, for a 1,076
continuous period of at least two years immediately preceding his 1,077
application for examination, be engaged in heating, ventilating, 1,078
and air conditioning contracting or refrigeration contracting, 1,079
respectively; 1,080
(b) With respect to an electrical contractor, for a 1,082
continuous period of at least two years immediately preceding his 1,083
application for examination, be engaged in electrical 1,084
contracting; 1,085
(c) With respect to a plumbing contractor, for a 1,087
continuous period of at least two years immediately preceding his 1,088
application for examination, be engaged in plumbing contracting; 1,089
(d) With respect to a hydronics contractor, for a 1,091
continuous period of at least two years immediately preceding his 1,092
application for examination, be engaged in hydronics contracting. 1,093
(6) Pay the applicable fee set forth in section 4740.09 of 1,095
the Revised Code for the issuance of a qualification certificate 1,096
EITHER HAVE BEEN A TRADESPERSON FOR THE TYPE OF CONTRACTOR FOR 1,098
WHICH THE APPLICATION IS FILED FOR NOT LESS THAN FIVE YEARS 1,099
IMMEDIATELY PRIOR TO THE DATE THE APPLICATION IS FILED, BE AN 1,100
ENGINEER, HAVE THREE YEARS OF BUSINESS EXPERIENCE IN THE 1,101
CONSTRUCTION INDUSTRY, OR HAVE OTHER EXPERIENCE ACCEPTABLE TO THE 1,102
SECTION OF THE BOARD THAT AUTHORIZES ISSUANCE OF THE TYPE OF 1,103
LICENSE SOUGHT;
(4) MAINTAIN CONTRACTOR'S LIABILITY INSURANCE, INCLUDING 1,105
WITHOUT LIMITATION, COMPLETE OPERATIONS COVERAGE, IN AN AMOUNT 1,106
DETERMINED BY THE APPROPRIATE SECTION OF THE BOARD; 1,107
(5) NOT HAVE DONE ANY OF THE FOLLOWING: 1,109
(a) BEEN CONVICTED OF OR PLEADED GUILTY TO A MISDEMEANOR 1,112
INVOLVING MORAL TURPITUDE OR OF ANY FELONY; 1,113
(b) VIOLATED THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO 1,116
THIS CHAPTER;
(c) OBTAINED OR RENEWED A LICENSE ISSUED PURSUANT TO THIS 1,119
24
CHAPTER, OR ANY ORDER, RULING, OR AUTHORIZATION OF THE BOARD OR A 1,120
SECTION OF THE BOARD BY FRAUD, MISREPRESENTATION, OR DECEPTION; 1,121
(d) ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,124
THE CONDUCT OF BUSINESS. 1,125
(C) If the applicant for LICENSURE AS a heating, 1,127
ventilating, and air conditioning contractor's CONTRACTOR, 1,129
refrigeration contractor's CONTRACTOR, electrical contractor's 1,131
CONTRACTOR, plumbing contractor's CONTRACTOR, or hydronics 1,132
contractor's qualification certificate CONTRACTOR meets the 1,133
qualifications set forth in division (B) of this section AND 1,135
PASSES THE REQUIRED EXAMINATION, the appropriate section of the 1,136
board, WITHIN NINETY DAYS AFTER THE APPLICANT FILED THE 1,137
APPLICATION, shall direct AUTHORIZE the administrative section of 1,139
the board to issue him a qualification certificate in LICENSE THE 1,142
APPLICANT FOR the business TYPE OF CONTRACTOR'S LICENSE for which 1,143
he THE APPLICANT qualifies. A SECTION OF THE BOARD MAY WITHDRAW 1,144
ITS AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,146
LICENSE FOR GOOD CAUSE SHOWN, ON THE CONDITION THAT NOTICE OF 1,147
THAT WITHDRAWAL IS GIVEN PRIOR TO THE ADMINISTRATIVE SECTION'S 1,148
ISSUANCE OF THE LICENSE. 1,149
(D) Each qualification certificate LICENSE issued under 1,151
this chapter expires one year after the date of issue, but each 1,152
person INDIVIDUAL holding a valid, unexpired qualification 1,154
certificate LICENSE may renew his certificate THE LICENSE, 1,156
without reexamination, by applying to the appropriate section of 1,158
the board within NOT MORE THAN ninety days of BEFORE the 1,159
expiration of his certificate THE LICENSE, and submitting with 1,160
his THE application the renewal fee set forth in AS DETERMINED 1,162
PURSUANT TO section 4740.09 of the Revised Code and proof of 1,164
compliance with the continuing education requirements for his 1,165
particular business APPLICABLE TO THAT CONTRACTOR. THE RENEWAL 1,166
APPLICATION SHALL CONTAIN INFORMATION SATISFACTORY TO THE 1,167
APPROPRIATE SECTION OF THE BOARD SHOWING THAT THE APPLICANT 1,168
CONTINUES TO MEET THE REQUIREMENTS OF DIVISION (B) OF THIS 1,169
25
SECTION. 1,170
THE APPROPRIATE SECTION OF THE BOARD MAY WAIVE ANY OF THE 1,172
REQUIREMENTS FOR RENEWAL OF A LICENSE UPON FINDING THAT THE 1,173
APPLICANT SUBSTANTIALLY HAS MET THE RENEWAL REQUIREMENTS OR THAT 1,175
FAILURE TO TIMELY APPLY FOR RENEWAL IS DUE TO EXCUSABLE NEGLECT. 1,176
IF, IN RENEWING A LICENSE, A SECTION OF THE BOARD WAIVES 1,177
REQUIREMENTS FOR RENEWAL, THAT SECTION MAY IMPOSE CONDITIONS UPON 1,178
THAT LICENSEE AND ASSESS A LATE FILING FEE OF NOT MORE THAN 1,179
DOUBLE THE USUAL RENEWAL FEE.
(E) AN INDIVIDUAL HOLDING A VALID AND UNEXPIRED LICENSE 1,182
MAY REQUEST THE SECTION OF THE BOARD THAT AUTHORIZED THE ISSUANCE 1,183
OF THAT LICENSE TO PLACE THE LICENSE IN INACTIVE STATUS UNDER 1,184
CONDITIONS AND FOR A PERIOD OF TIME AS DETERMINED BY THAT SECTION 1,186
OF THE BOARD.
(F) EXCEPT FOR THE NINETY-DAY EXTENSION PROVIDED FOR UNDER 1,189
DIVISION (D) OF SECTION 4740.07 OF THE REVISED CODE, A LICENSE 1,192
HELD BY AN INDIVIDUAL IMMEDIATELY TERMINATES UPON THE DEATH OF 1,193
THE INDIVIDUAL. 1,194
(G) NOTHING IN ANY LICENSE ISSUED BY THE OHIO CONSTRUCTION 1,197
INDUSTRY EXAMINING BOARD SHALL BE CONSTRUED TO LIMIT OR ELIMINATE
ANY REQUIREMENT OF OR ANY LICENSE ISSUED BY THE OHIO FIRE 1,198
MARSHAL.
Sec. 4740.07. (A) Except as provided in this section, the 1,207
administrative section of the Ohio construction industry 1,208
examining board shall issue and renew all qualification 1,209
certificates LICENSES under section 4740.06 of the Revised Code 1,211
THIS CHAPTER in the name of the person INDIVIDUAL who meets the 1,213
qualifications REQUIREMENTS of and who takes the examination 1,215
required by that section 4740.06 OF THE REVISED CODE. 1,216
(B) Any person INDIVIDUAL may request, at the time of 1,218
applying for a qualification certificate LICENSE or at any time 1,220
thereafter, that his rights in the qualification certificate 1,222
INDIVIDUAL'S LICENSE be assigned to a business entity with whom 1,225
he THE INDIVIDUAL is associated as a full-time officer, 1,226
26
proprietor, partner, or employee. If the person INDIVIDUAL is 1,227
issued or holds a qualification certificate LICENSE and meets the 1,229
requirements of this section for the assignment of his rights in 1,231
the qualification certificate LICENSE to a business entity, the 1,233
administrative section shall assign the certificate holder's 1,234
rights LICENSE to and issue the qualification certificate A 1,236
LICENSE in the name of the business entity. The qualification 1,238
certificate LICENSE assigned and issued to a business entity 1,240
under this division shall state the name and position of the 1,241
person INDIVIDUAL who assigned his right in the qualification 1,243
certificate LICENSE to the business entity.
(C) During the period the A business entity holds the 1,245
qualification certificate A LICENSE issued under division (A)(B) 1,247
of this section, the administrative section shall not issue a 1,248
qualification certificate to the person INDIVIDUAL who assigned 1,250
his rights in the qualification certificate LICENSE to the 1,251
business entity ANOTHER LICENSE FOR THE SAME TYPE OF CONTRACTING 1,253
FOR WHICH THE ASSIGNED LICENSE IS UTILIZED BY THE BUSINESS 1,254
ENTITY.
(D)(1) If the person AN INDIVIDUAL who assigned his rights 1,257
in a qualification certificate LICENSE to a business entity 1,258
becomes disassociated CEASES TO BE ASSOCIATED with the business 1,260
entity FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEATH OF 1,261
THE INDIVIDUAL, the person INDIVIDUAL OR BUSINESS ENTITY 1,262
immediately shall notify the appropriate section of the board of 1,263
his disassociation THE DATE ON WHICH THE INDIVIDUAL CEASED TO BE 1,264
ASSOCIATED WITH THE BUSINESS ENTITY. A qualification certificate 1,265
LICENSE assigned to a business entity is invalid ninety days 1,268
after the disassociation DATE ON WHICH THE INDIVIDUAL WHO 1,269
ASSIGNED THE LICENSE CEASES TO BE ASSOCIATED WITH THE BUSINESS 1,270
ENTITY.
(2) IF A LICENSE ASSIGNED TO A BUSINESS ENTITY BECOMES 1,273
INVALID PURSUANT TO DIVISION (D)(1) OF THIS SECTION AND ANOTHER 1,275
INDIVIDUAL HAS ASSIGNED A LICENSE TO THE BUSINESS ENTITY FOR THE 1,276
27
SAME TYPE OF CONTRACTING FOR WHICH THE INVALIDATED LICENSE HAD 1,277
BEEN ASSIGNED, THE BUSINESS ENTITY MAY CONTINUE TO OPERATE UNDER 1,278
THE OTHER ASSIGNED LICENSE. 1,279
(E) Any work conducted by a business entity under a 1,281
qualification certificate LICENSE assigned under this section is 1,282
deemed to be conducted under the personal supervision of the 1,284
person INDIVIDUAL named in the qualification certificate LICENSE 1,286
and all violations of any terms of the qualification certificate 1,288
LICENSE are imputed DEEMED to HAVE BEEN COMMITTED BY the person 1,290
INDIVIDUAL named in the qualification certificate LICENSE. 1,291
FOR THE PERIOD OF TIME DURING WHICH MORE THAN ONE LICENSE 1,294
FOR THE SAME TYPE OF CONTRACTING IS ASSIGNED UNDER THIS SECTION 1,295
TO A BUSINESS ENTITY, ANY WORK CONDUCTED BY THE BUSINESS ENTITY 1,296
UNDER ANY OF THOSE LICENSES IS DEEMED TO BE CONDUCTED UNDER THE 1,297
PERSONAL SUPERVISION OF THE INDIVIDUALS NAMED IN EACH OF THE 1,298
LICENSES AND ALL VIOLATIONS OF ANY TERMS OF ANY OF THE LICENSES 1,299
ARE DEEMED TO HAVE BEEN COMMITTED BY THE INDIVIDUALS NAMED IN 1,300
EACH OF THE LICENSES. 1,301
(F) No person INDIVIDUAL who assigns his rights in a 1,303
qualification certificate LICENSE to a business entity under 1,305
division (B) of this section: 1,306
(1) Is eligible to receive a separate qualification 1,308
certificate in his name during the time the business entity holds 1,310
the certificate; 1,311
(2) Shall SHALL assign his rights in a qualification 1,314
certificate LICENSE FOR THE SAME TYPE OF CONTRACTING to a ANOTHER 1,316
business entity, if that assignment takes place within UNTIL 1,318
AFTER ninety days after the person becomes disassociated 1,319
INDIVIDUAL CEASES TO BE ASSOCIATED with a THE business entity to 1,321
whom the person INDIVIDUAL had previously assigned his rights to 1,323
a qualification certificate LICENSE.
(G) Any person INDIVIDUAL who assigns his rights in a 1,325
qualification certificate LICENSE to a business entity under this 1,327
section shall be actively engaged in the business AS THE TYPE OF 1,329
28
CONTRACTOR for which the qualification certificate LICENSE is 1,331
issued and be readily available for consultation with the 1,333
business entity to which the qualification certificate LICENSE is 1,335
assigned.
(H) No qualification certificate LICENSE assigned under 1,337
this section shall be used by ASSIGNED TO more than one business 1,338
entity at a time. 1,339
Sec. 4740.08. Upon application to the appropriate section 1,348
of the Ohio construction industry examining board and payment of 1,349
the fee specified in DETERMINED PURSUANT TO section 4740.09 of 1,350
the Revised Code for the issuance of a qualification certificate 1,352
LICENSE, the appropriate section of the board shall direct 1,354
AUTHORIZE the administrative section of the board to issue, 1,356
without examination, a qualification certificate LICENSE to an 1,357
individual registered, licensed, or certified in another state of 1,358
the United States, provided that the appropriate section of the 1,359
board determines pursuant to the rule adopted under division 1,360
(A)(5) of section 4740.05 of the Revised Code that the 1,361
requirements for registration, licensure, or certification under 1,362
the laws of the other state of the United States are 1,363
substantially equal to the requirements for the issuance of a 1,364
qualification certificate LICENSURE in this state and further 1,365
provided that such other state extends similar reciprocity to 1,367
holders of qualification certificates PERSONS LICENSED under this 1,368
chapter. THE APPROPRIATE SECTION OF THE BOARD MAY WITHDRAW ITS 1,370
AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A 1,371
LICENSE FOR GOOD CAUSE SHOWN PRIOR TO THE ADMINISTRATIVE 1,372
SECTION'S ISSUANCE OF THE LICENSE. 1,373
Sec. 4740.09. (A) The fees for the qualification 1,382
certificates LICENSES and their renewal, and for applying to take 1,384
the examinations required for the issuance of qualification 1,386
certificates are as follows:
(1) Twenty-five dollars for the application to take the 1,388
required examination for each qualification certificate. This 1,389
29
fee is in addition to the fee described in division (A)(2) of 1,390
section 4740.05 of the Revised Code that may be charged to the 1,391
applicant by a third party responsible for the preparation, 1,392
administration, and scoring of the examination.
(2) Twenty-five dollars for the issuance of each 1,394
qualification certificate; 1,395
(3) Forty dollars for the annual renewal of each 1,397
qualification certificate. 1,398
(B) Subject INCLUDING LATE FEES, SUBJECT to the approval 1,400
of the controlling board, the administrative SHALL BE DETERMINED 1,402
BY EACH RESPECTIVE SECTION OF THE OHIO CONSTRUCTION INDUSTRY 1,403
EXAMINING BOARD. EACH RESPECTIVE section of the Ohio 1,404
construction industry examining board may increase the THESE fees 1,405
specified in division (A) of this section, provided that no 1,407
increase exceeds fifty per cent of the fees specified in that 1,408
division LOWEST FEE DETERMINED BY THAT SECTION OF THE BOARD 1,409
DURING THE THREE-YEAR PERIOD IMMEDIATELY PRECEDING AN INCREASE, 1,410
AND FURTHER PROVIDED THAT NO INCREASE IS MADE MORE THAN ONCE A
YEAR. 1,411
Sec. 4740.10. (A) The heating, ventilating, air 1,420
conditioning, and refrigeration section of the Ohio construction 1,421
industry examining board for heating, ventilating, and air 1,422
conditioning contractors and for refrigeration contractors; the 1,423
electrical section of the board for electrical contractors; the 1,424
plumbing section of the board for plumbing contractors; and both 1,425
the plumbing section and the heating, ventilating, air 1,426
conditioning, and refrigeration section for hydronics contractors 1,427
may SUSPEND OR REVOKE A LICENSE AND MAY direct the administrative 1,428
section of the board to suspend, revoke, or refuse to issue or 1,430
renew any qualification certificate A LICENSE if the section of 1,432
the board finds that the applicant or certificate holder LICENSEE 1,433
has done any of the following:
(1) Been convicted of a misdemeanor involving moral 1,435
turpitude or a felony; 1,436
30
(2) Violated any provision of this chapter or the rules 1,438
adopted pursuant thereto; 1,439
(3) Obtained his qualification certificate A LICENSE or 1,442
any board or section order, ruling, or authorization OF THE BOARD 1,443
by means of fraud or, misrepresentation, OR DECEPTION; 1,445
(4) Been guilty of gross misconduct in pursuit of his 1,447
profession ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN 1,448
THE CONDUCT OF BUSINESS. 1,449
(B) The appropriate section of the board shall determine 1,451
the length OF TIME that a qualification certificate LICENSE is to 1,453
be suspended or AND whether OR WHEN an individual whose 1,455
qualification certificate LICENSE has been revoked may apply for 1,458
reinstatement and, if so, when. The appropriate section of the 1,459
board may accept or refuse an application for reinstatement and 1,460
may require an examination for reinstatement. 1,461
(C) THE APPROPRIATE SECTION OF THE BOARD MAY INVESTIGATE 1,463
ANY ALLEGED VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT 1,464
THERETO. If, AFTER ITS INVESTIGATION, A SECTION OF THE BOARD 1,465
DETERMINES THAT any person has engaged or is engaging in any 1,466
practice that violates this chapter or the rules adopted pursuant 1,467
thereto, the administrative THAT section of the board may apply 1,469
to the court of common pleas of the county in which the alleged 1,470
SECTION DETERMINED THAT THE violation occurred or is occurring 1,472
for an injunction or other appropriate relief to restrain the act 1,473
ENJOIN OR TERMINATE THE VIOLATION. 1,474
(D) Any person who wishes to make a complaint against a 1,476
person who holds a qualification certificate LICENSE shall submit 1,478
the complaint in writing to the appropriate section of the board 1,479
within one year after the date of the action or event upon which 1,480
the complaint is based. 1,481
Sec. 4740.12. (A) Except as otherwise provided in this 1,490
chapter, only a municipal corporation pursuant to section 715.27 1,491
of the Revised Code or a board of county commissioners pursuant 1,492
to section 3781.102 of the Revised Code shall regulate the 1,493
31
licensing of heating, ventilating, and air conditioning 1,494
contractors, refrigeration contractors, electrical contractors, 1,495
plumbing contractors, and hydronics contractors. 1,496
(B) Nothing in this chapter shall be construed to limit 1,498
the operation of any statute or rule of this state or any 1,499
ordinance or rule of any political subdivision, district, or 1,500
agency of the state that: 1,501
(1)(A) Regulates the installation, repair, maintenance, or 1,503
alteration of plumbing systems, electrical systems, heating, 1,504
ventilating, and air conditioning systems, or refrigeration 1,505
systems; 1,506
(2)(B) Requires the registration and assessment of a 1,508
registration or license fee of individuals who are engaged in the 1,509
business of TRADESPERSONS WHO PERFORM heating, ventilating, and 1,510
air conditioning, refrigeration, electrical, plumbing, or 1,512
hydronics contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, 1,513
REPAIR, OR MAINTENANCE.
Sec. 4740.13. NO PERSON SHALL ACT AS OR CLAIM TO BE A 1,515
HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR, 1,516
REFRIGERATION CONTRACTOR, PLUMBING CONTRACTOR, ELECTRICAL 1,517
CONTRACTOR, OR HYDRONICS CONTRACTOR UNLESS THAT PERSON HOLDS OR 1,518
HAS BEEN ASSIGNED A LICENSE ISSUED PURSUANT TO THIS CHAPTER FOR 1,520
THE TYPE OF CONTRACTOR THAT PERSON IS ACTING AS OR CLAIMING TO 1,521
BE.
CONTRACTORS LICENSED UNDER THIS CHAPTER MAY INSTALL, 1,523
SERVICE, AND MAINTAIN THE RELATED OR INTERFACED CONTROL WIRING 1,524
FOR EQUIPMENT AND DEVICES RELATED TO THEIR SPECIFIC LICENSE, ON 1,525
THE CONDITION THAT THE CONTROL WIRING IS LESS THAN TWENTY-FIVE 1,526
VOLTS.
Sec. 4740.14. (A) THERE IS HEREBY CREATED WITHIN THE 1,528
DEPARTMENT OF COMMERCE THE RESIDENTIAL CONSTRUCTION ADVISORY 1,529
COMMITTEE CONSISTING OF EIGHT PERSONS APPOINTED BY THE DIRECTOR 1,530
OF COMMERCE. OF THE ADVISORY COMMITTEE'S MEMBERS, THREE SHALL BE 1,532
CONTRACTORS WHO HAVE RECOGNIZED ABILITY AND EXPERIENCE IN THE 1,533
32
CONSTRUCTION OF RESIDENTIAL BUILDINGS, TWO SHALL BE BUILDING
OFFICIALS WHO HAVE EXPERIENCE ADMINISTERING AND ENFORCING A 1,534
RESIDENTIAL BUILDING CODE, ONE SHALL BE FROM THE FIRE SERVICE 1,535
CERTIFIED AS A FIRE SAFETY INSPECTOR WHO HAS AT LEAST TEN YEARS 1,536
OF EXPERIENCE ENFORCING FIRE OR BUILDING CODES, ONE SHALL BE A 1,537
CONTRACTOR WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN THE 1,538
REMODELING OF RESIDENTIAL BUILDINGS, AND ONE SHALL BE AN 1,539
ARCHITECT REGISTERED PURSUANT TO CHAPTER 4703. OF THE REVISED
CODE.
(B) THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE ADVISORY 1,541
COMMITTEE WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS 1,542
SECTION. TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH 1,544
TERM ENDING ON THE DATE THREE YEARS AFTER THE DATE OF 1,545
APPOINTMENT. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF
APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS 1,546
APPOINTED. THE DIRECTOR SHALL FILL A VACANCY IN THE MANNER 1,547
PROVIDED FOR INITIAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL 1,548
A VACANCY IN AN UNEXPIRED TERM SHALL HOLD OFFICE AS A MEMBER FOR 1,549
THE REMAINDER OF THAT TERM.
(C) THE ADVISORY COMMITTEE SHALL DO ALL OF THE FOLLOWING: 1,551
(1) WITHIN NINETY DAYS AFTER THE DIRECTOR HAS COMPLETED 1,553
APPOINTING ALL MEMBERS OF THE ADVISORY COMMITTEE, RECOMMEND TO 1,554
THE BOARD OF BUILDING STANDARDS A MODEL BUILDING CODE FOR 1,555
RESIDENTIAL BUILDINGS;
(2) ADVISE THE BOARD REGARDING THE ESTABLISHMENT OF 1,557
STANDARDS FOR CERTIFICATION OF BUILDING OFFICIALS WHO ENFORCE A 1,558
BUILDING CODE FOR RESIDENTIAL BUILDINGS; 1,559
(3) ASSIST THE BOARD IN PROVIDING INFORMATION AND GUIDANCE 1,561
TO CONTRACTORS OF RESIDENTIAL BUILDINGS AND BUILDING OFFICIALS 1,562
WHO ENFORCE A BUILDING CODE FOR RESIDENTIAL BUILDINGS; 1,563
(4) PROVIDE OTHER ASSISTANCE AS IT CONSIDERS NECESSARY. 1,565
(D) IN MAKING ITS RECOMMENDATION TO THE BOARD PURSUANT TO 1,567
DIVISION (C)(1) OF THIS SECTION, THE ADVISORY COMMITTEE SHALL 1,568
CONSIDER ALL OF THE FOLLOWING: 1,569
33
(1) THE IMPACT THAT THE MODEL BUILDING CODE MAY HAVE UPON 1,571
THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC; 1,572
(2) THE ECONOMIC REASONABLENESS OF THE MODEL BUILDING 1,574
CODE;
(3) THE TECHNICAL FEASIBILITY OF THE MODEL BUILDING CODE; 1,576
(4) THE FINANCIAL IMPACT THAT THE MODEL BUILDING CODE MAY 1,578
HAVE ON THE PUBLIC'S ABILITY TO PURCHASE AFFORDABLE HOUSING. 1,579
(E) MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO 1,582
SALARY FOR THE PERFORMANCE OF THEIR DUTIES AS MEMBERS, BUT SHALL 1,583
RECEIVE THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE 1,584
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE ADVISORY COMMITTEE. 1,585
(F) THE ADVISORY COMMITTEE IS NOT SUBJECT TO DIVISIONS (A) 1,588
AND (B) OF SECTION 101.84 OF THE REVISED CODE.
(G) AS USED IN THIS SECTION, "RESIDENTIAL BUILDING" MEANS 1,590
A ONE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING HOUSE. 1,591
Section 2. That existing sections 715.27, 3781.102, 1,593
4104.04, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 1,594
4740.07, 4740.08, 4740.09, 4740.10, and 4740.12, and sections 1,595
4740.13 and 4740.99 of the Revised Code are hereby repealed. 1,596
Section 3. (A) On or before one hundred twenty days after 1,598
the effective date of this section, the Ohio Construction 1,599
Industry Examining Board shall send notice by regular mail to the 1,600
legislative authority of a municipal corporation and to the board 1,602
of county commissioners of every county that, prior to the 1,603
effective date of this section, provided for the licensing or 1,604
registration of heating, ventilating, and air conditioning 1,605
contractors, refrigeration contractors, plumbing contractors, 1,606
electrical contractors, or hydronics contractors, informing the 1,607
municipal corporation and board of county commissioners of the 1,608
provisions of this act.
(B) Within ninety days after the effective date of this 1,610
section, the Ohio Construction Industry Examining Board shall 1,611
publish notice of the provisions of this act in appropriate trade 1,613
publications and in a newspaper of general circulation in each of 1,614
34
the nine most populous metropolitan areas of this state, once a 1,615
week for three consecutive weeks.
Section 4. (A) The heating, ventilating, air 1,617
conditioning, and refrigeration section of the Ohio Construction 1,618
Industry Examining Board for heating, ventilating, and air 1,619
conditioning contractors and refrigeration contractors; the 1,620
plumbing section of the Board for plumbing contractors; the 1,621
electrical section for electrical contractors; and both the 1,622
heating, ventilating, air conditioning, and refrigeration section 1,623
and the plumbing section for hydronics contractors shall issue a 1,624
license for those types of contractors, as appropriate, to any 1,626
individual who meets the criteria described in division (B) or 1,627
(C) of this section. 1,628
(B) The individual does all of the following: 1,630
(1) Applies to the appropriate section of the Board within 1,632
seven months after the effective date of this section; 1,633
(2) Pays the appropriate fee determined by each respective 1,635
section of the Board; 1,636
(3) Has been actively engaged as a heating, ventilating, 1,638
and air conditioning contractor, refrigeration contractor, 1,639
plumbing contractor, electrical contractor, or hydronics 1,640
contractor, as applicable, in this state for at least three years 1,641
immediately prior to the effective date of this section; 1,642
(4) Furnishes business records or other evidence to verify 1,644
the experience required under division (C)(1)(c) of this section 1,645
to the satisfaction of the appropriate section of the Board; 1,646
(5) Provides evidence of all of the following: 1,648
(a) Current contractor's liability insurance, including 1,650
without limitation, complete operations coverage, in the amount 1,651
of three hundred thousand dollars; 1,652
(b) Compliance with Chapters 4121. and 4123. of the 1,654
Revised Code; 1,655
(c) Compliance with any other applicable legal 1,657
requirements to do business in this state, as determined by the 1,658
35
Board.
(C) The individual applies to the appropriate section of 1,660
the Board within one year after the effective date of this 1,661
section, pays the appropriate fee determined by each respective 1,663
section of the Board, and demonstrates that the individual
satisfies qualification requirements as the Board determines, to 1,665
the Board's satisfaction. 1,666
(D) Notwithstanding division (B)(5)(a) of this section, 1,668
when more than one individual affiliated with a business entity 1,669
is issued a license pursuant to division (B) or (C) of this 1,670
section, those individuals collectively shall provide to the 1,671
appropriate section of the Board evidence of current contractor's 1,672
liability coverage, including complete operations coverage, in
the total amount of three hundred thousand dollars. 1,673
(E) A person who holds a valid and unexpired qualification 1,675
certificate issued prior to the effective date of this section 1,676
under Chapter 4740. of the Revised Code and who provides evidence 1,677
of current contractor's liability insurance, including, without 1,678
limitation, complete operations coverage, in the amount of three 1,679
hundred thousand dollars, shall be deemed by the Board as holding 1,681
a license under this act until the expiration date of the 1,682
qualification certificate. Thereafter, licensure renewal shall 1,683
be in accordance with Sections 1 and 2 of this act. 1,684
Section 5. Sections 1 and 2 of this act shall take effect 1,686
one hundred eighty days after the effective date of this section. 1,687
Section 6. In enacting this legislation, both of the 1,689
following are the intent of the General Assembly: 1,691
(A) That the provisions of this act are general laws 1,694
created in the exercise of the state's police power, arising out 1,695
of matters of statewide concern, and are designed for the health, 1,696
safety, and welfare of contractors, their employees, and the 1,697
public;
(B) That the provisions of this act eliminate duplicative 1,699
bureaucracies to create a system under which an affected 1,700
36
contractor may obtain a single license to permit the contractor 1,701
to do business in all parts of this state and to obtain 1,702
authorization to do business in other states.
Section 7. In enacting this legislation, it is not the 1,704
intent of the General Assembly to classify or reclassify 1,705
construction activities to place them under the scope of this 1,706
act, or to interfere with the right of a construction employer to 1,707
assign employees to construction activities as enunciated by the 1,708
Ohio Supreme Court in Pipefitters Union Local 392 v. Kokosing 1,709
Construction Co., Inc. (1998) 81 Ohio St.3d 214, regardless of 1,710
whether the construction activities are governed by the rules 1,711
adopted by the Board of Building Standards pursuant to Chapter 1,712
3781. of the Revised Code. 1,713