Section 1. That sections 715.27, 3781.102, 4740.01, 4740.02, | 12 |
4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09, | 13 |
4740.10, 4740.101, 4740.11, 4740.12, and 4740.13 be amended and | 14 |
sections 307.382 and 4740.99 of the Revised Code be enacted to | 15 |
read as follows: | 16 |
Sec. 307.382. (A) A board of county commissioners may adopt, | 17 |
by resolution, rules establishing standards and providing for the | 18 |
licensing of contractors who are not required to hold a valid | 19 |
license pursuant to Chapter 4740. of the Revised Code. The rules | 20 |
apply within the unincorporated area of the county and within any | 21 |
municipal corporation where the legislative authority has | 22 |
contracted with the board pursuant to section 307.15 of the | 23 |
Revised Code to enforce the county rules within the municipal | 24 |
corporation. | 25 |
(2) No board of county commissioners shall require any | 33 |
contractor who holds a valid license issued pursuant to Chapter | 34 |
4740. of the Revised Code to complete an examination, test, or | 35 |
demonstration of technical skills to engage in the type of | 36 |
contracting for which the license is held within the | 37 |
unincorporated area of the county and within any municipal | 38 |
corporation in which the county enforces county regulations | 39 |
pursuant to a contract. | 40 |
(E) A board of county commissioners that adopts rules for | 58 |
licensing contractors pursuant to this section may accept, in | 59 |
satisfaction of its rules, a valid and unexpired license issued | 60 |
pursuant to Chapter 4740. of the Revised Code for the practice of | 61 |
the licensed trade as it relates to the construction, replacement, | 62 |
maintenance, or repair of one-family, two-family, or three-family | 63 |
dwelling houses or accessory structures incidental to those | 64 |
dwelling houses. | 65 |
(4) Require all
specialty contractors other than those
who | 80 |
hold a valid and
unexpired license issued
pursuant to Chapter | 81 |
4740. of the Revised Code,
to
successfully complete an | 82 |
examination, test, or demonstration of
technical skills, and may | 83 |
impose a fee and additional requirements
for a license or | 84 |
registration to engage in their respective
occupations within the | 85 |
jurisdiction of the municipal corporation. | 86 |
(C) For a specialtyA municipal corporation may require a | 99 |
contractor who holds a valid and
unexpired
license issued pursuant | 100 |
to Chapter
4740.
of the Revised
Code,to register with the | 101 |
municipal corporation and pay any fee the municipal corporation | 102 |
imposes before that
specialty contractor may engage within the | 103 |
municipal corporation in the type of
contracting for which the | 104 |
license
is held within the municipal
corporation, a municipal | 105 |
corporation may
require the contractor to
register with the | 106 |
municipal corporation and may
impose a
fee,
provided
that the. Any | 107 |
fee isshall be the same for all
specialty contractors
who wish to | 108 |
engage in thatthe same type of contracting,
and. A municipal | 109 |
corporation may require a
bond and proof of all of the following: | 110 |
If a(D) A municipal
corporation that requires registration, | 117 |
imposes
such a fee, or
requires a
bond or proof of the items | 118 |
listed in
divisions (C)(1), (2), and (3)
of this section, the | 119 |
municipal
corporation immediately shall permit a
contractor who | 120 |
presents
proof of holding a valid and unexpired license issued | 121 |
pursuant to
Chapter 4740.
of the
Revised Code, who registers, pays | 122 |
the
fee,
obtains a bond, and submits the proof described under | 123 |
divisions
(C)(1), (2), and (3) of this section, as required, to | 124 |
engage in
the type of contracting for which
the license is held, | 125 |
within the
municipal
corporation. | 126 |
(E)(F) A municipal corporation that licenses specialty | 133 |
contractors
pursuant to division (A)(3) of this section may | 134 |
accept, for
purposes of satisfying the requirements of that | 135 |
divisionits licensing requirements, a valid
and unexpired license | 136 |
issued pursuant to Chapter
4740. of the
Revised Code that is held | 137 |
by a
specialtya contractor holds,
for the construction, | 138 |
replacement, maintenance, or
repair of
one-family,
two-family, or | 139 |
three-family dwelling houses or
accessory structures incidental
to | 140 |
those dwelling
houses. | 141 |
(F)
As used in this section, "specialty contractor" means a | 142 |
heating,
ventilating, and
air conditioning
contractor, | 143 |
refrigeration contractor, electrical contractor, plumbing | 144 |
contractor, or
hydronics
contractor, as those terms are defined in | 145 |
section 4740.01 of the
Revised Code. | 146 |
Sec. 3781.102. (A) Any county or municipal building | 147 |
department certified pursuant to division (E) of section 3781.10 | 148 |
of the Revised Code as of September 14, 1970, and
that, as
of
that | 149 |
date, was inspecting single-family,
two-family, and
three-family | 150 |
residences, and any township building department
certified | 151 |
pursuant to division (E) of section 3781.10 of the
Revised Code, | 152 |
is hereby declared to be certified to inspect
single-family, | 153 |
two-family, and three-family residences containing
industrialized | 154 |
units, and such building department shall inspect
the buildings or | 155 |
classes of buildings subject to the
provisions
of
division (E) of | 156 |
section 3781.10 of the Revised Code. | 157 |
Rules adopted by a board of county commissioners pursuant
to | 163 |
this division may be enforced within the unincorporated areas
of | 164 |
the county and within any municipal corporation where the | 165 |
legislative authority of the municipal corporation has contracted | 166 |
with the board for the enforcement of the county rules within the | 167 |
municipal corporation pursuant to section 307.15 of the Revised | 168 |
Code. The rules shall not conflict with rules adopted by the
board | 169 |
of building standards pursuant to section 3781.10 of the
Revised | 170 |
Code or by the department of commerce pursuant to Chapter
3703. of | 171 |
the Revised Code. This division does not impair or
restrict the | 172 |
power of municipal corporations under Section 3
Article XVIII, | 173 |
Ohio Constitution, to adopt rules concerning
the
erection, | 174 |
construction, repair, alteration, and maintenance
of
buildings and | 175 |
structures or of establishing standards and
providing for the | 176 |
licensing of specialty contractors pursuant to
section
715.27 of | 177 |
the Revised Code. | 178 |
A board of county commissioners, pursuant to this
division, | 179 |
may require all electrical contractors and
heating, ventilating, | 180 |
and air conditioning contractors, other than
those who hold a | 181 |
valid and unexpired license issued pursuant to
Chapter 4740. of | 182 |
the Revised Code, to
successfully complete an examination, test, | 183 |
or demonstration of
technical skills, and may impose a fee and | 184 |
additional requirements
for a license to engage in their | 185 |
respective occupations within
the jurisdiction of the board's | 186 |
rules under this division. | 187 |
(C) No board of county commissioners shall require any | 188 |
specialty who holds a
valid and unexpired
license
issued pursuant | 189 |
to
Chapter 4740.
of the
Revised Code to
successfully complete an | 190 |
examination, test, or demonstration of
technical skills in order
| 191 |
to engage in the
type of contracting
for which the license is | 192 |
held,
within the unincorporated areas of
the county and within any | 193 |
municipal corporation whose legislative
authority has contracted | 194 |
with the board for the enforcement of
county regulations within | 195 |
the municipal corporation, pursuant to
section 307.15 of the | 196 |
Revised
Code. | 197 |
(D) A board may impose a fee
for registration of a
specialty | 198 |
contractor who holds a valid and unexpired
license
issued pursuant | 199 |
to
Chapter 4740. of the Revised Code before that
specialty | 200 |
contractor may engage
in the type of contracting for
which the | 201 |
license is held within the
unincorporated areas of the
county and | 202 |
within any
municipal corporation whose legislative
authority has | 203 |
contracted
with the board for the enforcement of
county | 204 |
regulations within
the municipal corporation, pursuant to
section | 205 |
307.15 of the
Revised
Code, provided that the fee
is the
same for | 206 |
all
specialty contractors who
wish to engage in that
type of | 207 |
contracting. If
a board imposes such a fee, the board
immediately | 208 |
shall permit a specialty contractor who presents
proof of holding | 209 |
a
valid and
unexpired
license and pays the
required fee to
engage | 210 |
in the type of contracting
for which
the
license is held within | 211 |
the
unincorporated areas of the county and
within any municipal | 212 |
corporation
whose legislative authority has
contracted with the | 213 |
board for the enforcement
of county
regulations within the | 214 |
municipal corporation, pursuant to section
307.15 of the Revised | 215 |
Code. | 216 |
(E) The political subdivision associated with each
municipal, | 217 |
township, and county building department certified by
the board of | 218 |
building standards pursuant to division (E) of
section 3781.10 of | 219 |
the Revised Code may prescribe fees to be paid
by persons, | 220 |
political subdivisions, or any department, agency,
board, | 221 |
commission, or institution of the state, for the
acceptance
and | 222 |
approval of plans and specifications, and for the
making of | 223 |
inspections, pursuant to sections 3781.03 and 3791.04
of the | 224 |
Revised Code. | 225 |
(F)(C) Each political subdivision that prescribes fees | 226 |
pursuant
to
division (E)(B) of this section shall collect, on | 227 |
behalf of
the
board of
building standards, a fee equal to three | 228 |
per cent of suchthose
fees. The board
shall adopt rules, in | 229 |
accordance with Chapter
119. of the Revised Code,
specifying the | 230 |
manner in which the fee
assessed pursuant to this division
shall | 231 |
be
collected and remitted
monthly to the board. The board shall | 232 |
pay the fee
assessed
pursuant to this division into the state | 233 |
treasury to the credit of
the industrial compliance operating fund | 234 |
created in section
121.084 of the
Revised Code. | 235 |
(G) A board of county commissioners that adopts rules | 242 |
providing
for the licensing of electrical and heating, | 243 |
ventilating, and air
conditioning contractors, pursuant to | 244 |
division (B) of this
section, may accept, for purposes of | 245 |
satisfying the requirements of rules adopted under that
division, | 246 |
a valid and unexpired license issued pursuant to Chapter
4740. of | 247 |
the Revised Code that is held by an electrical or
heating, | 248 |
ventilating, and air conditioning contractor, for the | 249 |
construction, replacement, maintenance, or repair of one-family, | 250 |
two-family, or three-family dwelling houses or accessory | 251 |
structures incidental to those dwelling houses. | 252 |
(H) As used in this section, "specialty contractor" means a | 253 |
heating, ventilating, and air conditioning contractor, | 254 |
refrigeration contractor, electrical contractor, plumbing | 255 |
contractor, or
hydronics contractor, as those terms are defined in | 256 |
section
4740.01 of the Revised Code. | 257 |
(A) "License" means a
license
issued
by the Ohio
construction | 259 |
industry examininglicensing board issues to an
individual as a | 260 |
heating, ventilating, and air
conditioning contractor, | 261 |
refrigeration contractor, electrical
contractor, plumbing | 262 |
contractor, or hydronics contractor, backflow contractor, or | 263 |
prefabricated fireplace contractor. | 264 |
(1) For
compensation, directs, supervises, or has | 268 |
responsibility for the means,
method, and manner of heating, | 269 |
ventilating, and air conditioning construction,
improvement, | 270 |
renovation, repair, testing, or maintenance on a construction | 271 |
project with respect to one or more trades
and
who
offers, | 272 |
identifies, advertises, or otherwise
holds out or
represents that | 273 |
the
individual or business entity is permitted or
qualified to
| 274 |
perform, direct, supervise, or have responsibility
for the means, | 275 |
method,
and
manner of
heating, ventilating, and air
conditioning | 276 |
construction,
improvement, renovation, repair, or
maintenance with | 277 |
respect to one or more trades on a construction project; | 278 |
(1) For compensation, directs, supervises, or has | 286 |
responsibility for the means, method, and manner of refrigeration | 287 |
construction, improvement, renovation, repair, or
maintenance on a | 288 |
construction project and who
offers, identifies, advertises, or | 289 |
otherwise
holds out or represents that the
individual or business | 290 |
entity is permitted or qualified to direct,
supervise, or have | 291 |
responsibility for the means, method, and manner of
refrigeration | 292 |
construction, improvement, renovation,
repair, or maintenance on a | 293 |
construction project; | 294 |
(1) For compensation, directs, supervises, or has | 301 |
responsibility for the means, method, and manner of electrical | 302 |
construction, improvement, renovation, repair, or
maintenance on a | 303 |
construction project and who
offers, identifies, advertises, or | 304 |
otherwise holds out
or represents that the
individual or business | 305 |
entity is permitted or qualified to direct,
supervise, or have | 306 |
responsibility for the means, method, and manner of
electrical | 307 |
construction, improvement, renovation,
repair, or maintenance on a | 308 |
construction project; | 309 |
(1) For compensation, directs, supervises, or has | 326 |
responsibility
for the means, method, and manner of plumbing
| 327 |
construction, improvement, renovation, repair, or maintenance on a | 328 |
construction project and who
offers, identifies,
advertises, or | 329 |
otherwise holds out or represents that the
individual or
business | 330 |
entity is
permitted or qualified to direct, supervise, or have | 331 |
responsibility for the means, method, and manner of plumbing | 332 |
construction, improvement, renovation, repair, or maintenance on a | 333 |
construction project; | 334 |
(1) For compensation, directs, supervises, or has | 340 |
responsibility for the means, method, and manner of hydronics | 341 |
construction, improvement, renovation, repair, or
maintenance on a | 342 |
construction project and who offers, identifies, advertises, or | 343 |
otherwise holds out
or represents that the
individual or business | 344 |
entity is permitted or qualified to direct,
supervise, or have | 345 |
responsibility for the means, method, and manner of
hydronics | 346 |
construction, improvement, renovation, repair,
or maintenance on a | 347 |
construction project; | 348 |
(F) "Prefabricated fireplace" includes, but is not limited | 365 |
to, a fireplace that is factory built and any chimney, pellet fuel | 366 |
appliances, and free-standing masonry or wood burning stove | 367 |
inserts that may be composed of solid masonry, brick, stone, and | 368 |
concrete units, and may have a steel combustion chamber surrounded | 369 |
by solid masonry units. | 370 |
(H) "Tradesperson" means an individual who,
for
compensation, | 376 |
engages in
construction, improvement, renovation,
repair, or | 377 |
maintenance of
buildings or structures without assuming | 378 |
responsibility for the
means, method, or manner of that | 379 |
construction, improvement,
renovation, repair, or maintenance. | 380 |
Sec. 4740.02. (A) There is hereby created within the | 390 |
department of
commerce, the Ohio
construction industry examining | 391 |
licensing board, consisting of seventeen
residents of this state. | 392 |
The board
shall consist ofhave an
administrative section, a | 393 |
plumbing section, an
electrical
section, and a heating, | 394 |
ventilating, air conditioning,
and
refrigeration section.
The | 395 |
director of commerce shall appoint
all
members of the board. The | 396 |
director or
the director's
designee shall serve as a member of the | 397 |
administrative section and
the director shall appoint to the | 398 |
administrative section to represent the public, one
member who is | 399 |
a representative of the public
who is not a member
of
any group | 400 |
certified by any section of the board. The plumbing,
electrical, | 401 |
and
heating, ventilating, air conditioning, and
refrigeration | 402 |
sections eachEach section, other than the administrative section, | 403 |
shall annually elect a member of
their
own
respective
section to | 404 |
serve a one-year term on the
administrative section. | 405 |
(B)(1) The plumbing section shall consistconsists of five | 406 |
members,
one
of whom is a plumbing inspector employed by
the | 407 |
department of
commerce, a municipal
corporation, or a health | 408 |
district, two of
whom are
plumbing contractors
who have no | 409 |
affiliation with any
union representing plumbers, and two of whom | 410 |
are plumbing
contractors who are
signatories to agreements with | 411 |
unions
representing
plumbers. | 412 |
(C)(1) The electrical section shall consistconsists of five | 416 |
members,
one of whom is an electrical inspector
employed by the | 417 |
department
of commerce, a municipal
corporation, or a county, two | 418 |
of
whom are
electrical contractors who have no affiliation with | 419 |
any union
representing electricians, and two of whom are | 420 |
electrical
contractors who are signatories to
agreements with | 421 |
unions
representing
electricians. | 422 |
(3) A person is not an electrical contractor subject to | 425 |
licensure by the electrical section for work that is limited to | 426 |
the construction, improvement, renovation, repair, testing, or | 427 |
maintenance of the following systems using less than fifty volts | 428 |
of electricity: fire alarm or burglar alarm, cabling, sound, | 429 |
communication, and landscape lighting and irrigation. | 430 |
(D)(1) The heating, ventilating, air conditioning, and | 431 |
refrigeration section shall consistconsists of five members, one | 432 |
of whom
is a heating, ventilating, air conditioning, and | 433 |
refrigeration
inspector employed by either the department of | 434 |
commerce or a
municipal corporation; two of whom are heating, | 435 |
ventilating,
and
air conditioning contractors or refrigeration | 436 |
contractors
who
have no
affiliation with any union representing | 437 |
heating,
ventilating, and air conditioning tradespersons or | 438 |
refrigeration
tradespersons; and two of whom are heating, | 439 |
ventilating, and air
conditioning contractors or refrigeration | 440 |
contractors who
are
signatories to agreements with
unions | 441 |
representing heating,
ventilating, and air conditioning | 442 |
tradespersons or
refrigeration
tradespersons. | 443 |
(E) Within ninety days after July 31, 1992, initial | 455 |
appointments shall be made to the
board. Of the initial | 456 |
appointments to the
board, two appointments in each section, other | 457 |
than the
administrative section, are for terms ending one year | 458 |
after July
31, 1992, and two
are for terms ending two
years after | 459 |
July 31,
1992. All other
appointments to the board are for terms | 460 |
ending three years after
July 31, 1992.
Thereafter, terms of | 461 |
office
are for three years, each term ending on the same day of | 462 |
the same
month of the year as did the term that it succeeds. Each | 463 |
member
shall hold office from the date of appointment until the | 464 |
end
of the term for which the member was appointed. Members may
be | 465 |
reappointed. Vacancies shall be filled in the manner provided
for | 466 |
original appointments. Any member appointed to fill a
vacancy | 467 |
occurring prior to the expiration date of the term for
which the | 468 |
member's predecessor was appointed shall hold
office as a member | 469 |
for the remainder of that term. A member shall continue in
office | 470 |
subsequent to the expiration date of the member'sa term until the | 471 |
member'sa successor takes office or until a
period of sixty days | 472 |
has
elapsed, whichever occurs first. | 473 |
(I) Membership on the board and holding any office of the | 488 |
board does not constitute the holding of a public office or | 489 |
employment within the meaning of any section of the Revised Code, | 490 |
or an interest, either direct or indirect, in a contract or | 491 |
expenditure of money by the state or any municipal corporation, | 492 |
township, special district, school district, county, or other | 493 |
political subdivision. No member or officer of the board is | 494 |
disqualified from holding any public office or employment nor | 495 |
shall the officer or member forfeit any public office or | 496 |
employment by
reason of holding a position as an officer or
member | 497 |
of
the board. | 498 |
Sec. 4740.03. (A) The administrative section of the Ohio | 502 |
construction industry examininglicensing board annually shall | 503 |
elect from
among its members a chairperson and other officers as | 504 |
the board,
by rule, designates. The chairperson shall preside over | 505 |
meetings
of
the administrative section or designate another member | 506 |
to
preside
in the chairperson's absence. The administrative | 507 |
section
shall hold at least
two regular meetings each year, but | 508 |
may meet
at additional times
as specified by rule, at the call of | 509 |
the
chairperson,
or upon the request of two or more members. A | 510 |
majority of the members
of the administrative section
constitutes | 511 |
a quorum for the transaction of all business. The
administrative | 512 |
section may not take any action without the
concurrence of at | 513 |
least three of its members. | 514 |
(A) Schedule the contractor examinations
for heating, | 554 |
ventilating, and
air
conditioning contractors, refrigeration | 555 |
contractors,
electrical
contractors, plumbing contractors, and | 556 |
hydronics
contractors, as
directed by the
applicableeach section | 557 |
of the board directs.
The administrative section shall schedule | 558 |
examinations toEach examination shall be held
at least four times | 559 |
per year. | 560 |
(C) Issue and renew
licenses to
individuals who
have
attained | 574 |
at least the minimum score on an examination
authorized
by the | 575 |
plumbing section for plumbing
contractors, the
electrical
section | 576 |
for electrical contractors, the heating,
ventilating, air | 577 |
conditioning, and refrigeration section for
heating, ventilating, | 578 |
and air conditioning contractors and
refrigeration contractors, | 579 |
and both the heating, ventilating, air
conditioning, and | 580 |
refrigeration and plumbing sections for
hydronics contractors,
on | 581 |
the condition that the
appropriate section of the board determines | 582 |
that the appropriate section authorizes for the licensed trade. | 583 |
Hydronics contractors shall pass the examinations for both the | 584 |
heating, ventilating, and air conditioning section and the | 585 |
plumbing section. The appropriate section shall determine whether | 586 |
the individual
also is qualified as required by section
4740.06 of | 587 |
the
Revised Code to hold a license;. | 588 |
(E) Keep a record containing the name, address, the date
on | 593 |
which the board issues or renews a
license
to, and the license | 594 |
number of, every
heating,
ventilating, and air conditioning | 595 |
contractor, refrigeration
contractor, electrical contractor, | 596 |
plumbing contractor, and
hydronics contractor, backflow | 597 |
contractor, and fireplace contractor issued a license
pursuant
to | 598 |
this chapter; | 599 |
Sec. 4740.05. The heating, ventilating, air conditioning, | 638 |
and refrigeration(A) Each section of the Ohio construction | 639 |
industry
examininglicensing board for heating, ventilating, and | 640 |
air conditioning
contractors and refrigeration contractors; the | 641 |
plumbing section
of
the board for plumbing contractors; the | 642 |
electrical section for
electrical contractors; and both the | 643 |
heating, ventilating, air
conditioning, and refrigeration and the | 644 |
plumbing sections for
hydronics contractors, other than the | 645 |
administrative section, shall do all of the following: | 646 |
Sec. 4740.06. (A) Any individual who applies for
a
license | 707 |
shall file a written
application with
the appropriate
section of | 708 |
the Ohio construction industry
examininglicensing board, | 709 |
accompanied with
the application fee as determined pursuant to | 710 |
section
4740.09 of
the Revised Code. The individual shall file
the | 711 |
application with
the appropriate section not more than sixty
days | 712 |
nor less than
thirty days prior to the date of the
examination. | 713 |
The application
shall be on the form prescribed by
the
appropriate | 714 |
the section of the
boardprescribes and verified by the | 715 |
applicant's
oath. It shall containThe applicant shall provide | 716 |
information satisfactory to
the
appropriate section showing that | 717 |
the applicant meets the
requirements of division (B) of this | 718 |
section. | 719 |
(3) Either have been a tradesperson
forin the type of | 728 |
contractorlicensed trade for which the application is filed
for | 729 |
not less than
five years immediately prior to the date the | 730 |
application is filed,
be an engineer, have three years of
business | 731 |
experience in the
construction industry, or have other
experience | 732 |
acceptable to the appropriate
section of the board that
authorizes | 733 |
issuance of the type of
license sought; | 734 |
(C) If theWhen an applicant for licensure as a heating, | 748 |
ventilating, and
air
conditioning contractor, refrigeration | 749 |
contractor, electrical
contractor, plumbing
contractor, or | 750 |
hydronics contractor in a licensed trade meets the qualifications | 751 |
set
forth in
division (B) of this section and passes the required | 752 |
examination,
the
appropriate section of the
board, within ninety | 753 |
days after the
applicant filed the
application was filed, shall | 754 |
authorize the
administrative section of the board
to
license the | 755 |
applicant for
the
type of contractor's license for which
the | 756 |
applicant
qualifies. A section of the board may withdraw its | 757 |
authorization
to
the administrative section for issuance of a | 758 |
license for
good
cause shown, on the condition that notice of that | 759 |
withdrawal is
given prior to the administrative section's
issuance | 760 |
of the
license. | 761 |
(D) Each license issued under this
chapter expires one year | 762 |
after the date of issue, but each. An
individual
holding a valid, | 763 |
unexpired license may
renew
the license, without reexamination,
by | 764 |
applyingsubmitting an application
to the
appropriate section of | 765 |
the board not more than
ninety calendar
days before the
expiration | 766 |
of the license, and submitting
with
the applicationalong with the | 767 |
renewal fee as
determined pursuant to
section 4740.09
of the | 768 |
Revised Codethe section requires and proof of compliance with
the | 769 |
applicable continuing
education requirements applicable to
that | 770 |
contractor. The renewal applicationapplicant shall contain | 771 |
provide information in the renewal application
satisfactory to | 772 |
demonstrate to the appropriate section of the board showing
that
the | 773 |
applicant continues to meet the requirements of
division (B)
of | 774 |
this
section. | 775 |
The appropriateUpon application and within one calendar year | 776 |
after a license has expired, a section of the board may waive any | 777 |
of the
requirements for renewal of a license upon finding that the | 778 |
an
applicant substantially has metmeets the renewal requirements | 779 |
or
that
failure to timely apply for renewal is due to excusable | 780 |
neglect.
If, in renewing a license, aA section of the boardthat | 781 |
waives
requirements for renewal, that sectionof a license may | 782 |
impose
conditions upon
thatthe licensee and assess a late filing | 783 |
fee of not more than double
the usual renewal fee. An applicant | 784 |
shall satisfy any condition the section imposes before a license | 785 |
is reissued. | 786 |
(B) Any individual may request, at the time of applying
for
a
| 806 |
license or at any time thereafter,
that the individual's
license | 807 |
be
assigned to
a business
entity with whom the individual
is | 808 |
associated as a full-time
officer,
proprietor, partner, or | 809 |
employee. If the individual is
issued or
holds a license and
meets | 810 |
the
requirements of
this section for the assignment of
the
license | 811 |
to a business entity, the
administrative section shall
assign the | 812 |
license to and issue
a license in the
name of
the
business entity. | 813 |
The license
assigned and
issued to a business
entity under this | 814 |
division shall state the
name and position of
the individual who | 815 |
assigned the
license to the business entity. | 816 |
(D)(1) If an individual who assigned a
license to a
business | 823 |
entity
ceases to be associated with the business entity
for any | 824 |
reason, including, without limitation,the death of the | 825 |
individual,
the individual or business entity immediately
shall | 826 |
notify the appropriate section of the board of the date on which | 827 |
the individual ceased to be associated
with the business entity. A
| 828 |
license assigned to
a
business entity is invalid ninety calendar | 829 |
days after
the
date on which the individual who assigned the | 830 |
license
ceases
to be associated with the business entity. | 831 |
For the period of time during which more than one
license for | 844 |
the same type of contracting is assigned under
this section to a | 845 |
business entity, any work conducted by the
business entity | 846 |
conducts under
any of those licenses is deemed to be
conducted | 847 |
under the personal
supervision of the individuals
named in each of | 848 |
thethose licenses and
all violationsany violation of any
terms | 849 |
term of any of the licenses arelicense is deemed to
have been | 850 |
committed by the individuals named in eachall of the
licenses. | 851 |
Sec. 4740.08. Upon applicationWhen an individual who is | 865 |
registered, licensed, or certified in another state applies to the | 866 |
appropriate section
of
the Ohio construction industry examining | 867 |
licensing board and payment ofpays
the licensure
fee determined | 868 |
pursuant to section 4740.09 of
the Revised Code
for the
issuance | 869 |
of a license, the appropriate
section
of the
board shall authorize | 870 |
the administrative section
of the board
to
issue, without | 871 |
examination, a
license to anthat
individual
registered, licensed, | 872 |
or certified in another state of
the United
States, provided that | 873 |
if the appropriate section of the
board
determines, pursuant to | 874 |
the rule adopted under division
(A)(5) of
section 4740.05 of the | 875 |
Revised Coderules it adopts, that the
requirements for | 876 |
registration, licensure, or certification under
the laws of the | 877 |
other state of the United States are
substantially equal to the | 878 |
requirements for licensure in this state and further
provided
that | 879 |
suchthe other state extends similar reciprocity to persons | 880 |
licensed under this chapter.
The appropriate
section of the board | 881 |
may withdraw its
authorization to the administrative section for | 882 |
issuance of a
license for good cause shown prior to the | 883 |
administrative
section's issuance of the license. | 884 |
Sec. 4740.09. The fees for licenses and their renewal, | 885 |
including late fees, subject to the approval of the
controlling | 886 |
board, shall be determined annually by each respectivethe | 887 |
administrative section of the
Ohio
construction industry examining | 888 |
licensing board. Each respective
section of
the boardThe | 889 |
administrative section shall establish the fees pursuant to rules | 890 |
it adopts in accordance with Chapter 119. of the Revised Code. The | 891 |
administrative section may increase thesethe fees, provided that | 892 |
no increase
exceeds fifty per cent
of the lowest fee determined by | 893 |
that
section of the board during the three-year period immediately | 894 |
preceding an
increase, and further provided that no increase is | 895 |
madenot more than once a
year. | 896 |
Sec. 4740.10. (A) The heating, ventilating, air | 897 |
conditioning, and refrigerationappropriate section of the Ohio | 898 |
construction
industry examininglicensing board for heating, | 899 |
ventilating, and air
conditioning contractors and for | 900 |
refrigeration contractors; the
electrical section of the board for | 901 |
electrical contractors; the
plumbing section of the board for | 902 |
plumbing contractors; and both
the plumbing section and the | 903 |
heating, ventilating, air
conditioning, and refrigeration section | 904 |
for hydronics contractors
may suspend or revoke a license and may | 905 |
directmay take any of the following actions against a licensee | 906 |
who violates Chapter 4740. of the Revised Code: | 907 |
(C) The appropriate section of the board may investigate any | 935 |
alleged
violation of this chapter or the rules adopted pursuant | 936 |
theretoto it.
If, after itsan investigation, a section of the | 937 |
board
determines
that any person has engaged or is engaging in any | 938 |
practice that violates this chapter or the rules adopted pursuant | 939 |
theretoto it, that section may
apply to the
court of common pleas | 940 |
of
the county in which the section
determined that the
violation | 941 |
occurred or is occurring for an injunction or other
appropriate | 942 |
relief to enjoin or terminate the
violation. | 943 |
(A)(1) Regulates the installation, repair, maintenance, or | 964 |
alteration of plumbing systems, hydronics systems, electrical | 965 |
systems, heating,
ventilating, and air conditioning systems, or | 966 |
refrigeration
systems, backflow systems, or prefabricated | 967 |
fireplaces; | 968 |
(B)(2) Requires the registration and assessment of a | 969 |
registration or license fee of tradespersons who perform heating, | 970 |
ventilating, and air
conditioning,
refrigeration, electrical, | 971 |
plumbing, or hydronics
construction, improvement, renovation, | 972 |
repair, or maintenance except that any political subdivision, | 973 |
district, or state agency that requires contractors who perform a | 974 |
trade licensed by this chapter to register and pay a registration, | 975 |
permit, or license fee shall require that those contractors be | 976 |
licensed pursuant to this chapter. | 977 |
Sec. 4740.13. (A) No person shall act as or claim to be a | 983 |
heating, ventilating, and air conditioning contractor, | 984 |
refrigeration contractor, plumbing contractor, electrical | 985 |
contractor, or hydronicsa type of contractor that this chapter | 986 |
licenses unless that person holds or
has been assigned a license | 987 |
issued pursuant to this chapter
for
the type of contractor that | 988 |
person is acting as or claiming
to be. | 989 |
Section 2. That existing sections 715.27, 3781.102, 4740.01, | 1005 |
4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, | 1006 |
4740.09, 4740.10, 4740.101, 4740.11, 4740.12, and 4740.13 of the | 1007 |
Revised Code are hereby repealed. | 1008 |
Section 3. (A) The plumbing section of the Ohio Construction | 1009 |
Industry Licensing Board shall issue a backflow license to any | 1010 |
person who, on the effective date of this act, holds a valid | 1011 |
backflow certificate in this state and who submits an application | 1012 |
and pays the fees as the section prescribes. No person who does | 1013 |
not hold a valid backflow certificate on the effective date of | 1014 |
this act is eligible for licensure pursuant to this section. | 1015 |
(5) Provides evidence of current contractor's liability | 1029 |
insurance, including complete operations coverage, in the amount | 1030 |
of five hundred thousand dollars, except that if more than one | 1031 |
individual affiliated with a business entity is issued a license | 1032 |
pursuant to this division, those individuals collectively shall | 1033 |
provide evidence of current contractor's liability coverage, | 1034 |
including complete operations coverage in the total amount of five | 1035 |
hundred thousand dollars; | 1036 |