Section 1. That sections 715.27, 3703.10, 3781.102, 4740.01, | 13 |
4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, | 14 |
4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07 be | 15 |
amended and sections 3703.21 and 4740.99 of the Revised Code be | 16 |
enacted to read as follows: | 17 |
(4) Require all
specialty contractors other than those
who | 32 |
hold a valid and
unexpired license issued
pursuant to Chapter | 33 |
4740. of the Revised Code,
to
successfully complete an | 34 |
examination, test, or demonstration of
technical skills, and may | 35 |
impose a fee and additional requirements
for a license or | 36 |
registration to engage in their respective
occupations within the | 37 |
jurisdiction of the municipal corporation. | 38 |
(C) For a specialtyA municipal corporation may require a | 45 |
specialty contractor who holds a valid and
unexpired
license | 46 |
issued pursuant to Chapter
4740.
of the Revised
Code,to register | 47 |
with the municipal corporation and pay any fee the municipal | 48 |
corporation imposes before that
specialty contractor may engage | 49 |
within the municipal corporation in the type of
contracting for | 50 |
which the license
is held within the municipal
corporation, a | 51 |
municipal corporation may
require the contractor to
register with | 52 |
the municipal corporation and may
impose a
fee,
provided
that the. | 53 |
Any fee isshall be the same for all
specialty contractors
who | 54 |
wish to engage in thatthe same type of contracting,
and. A | 55 |
municipal corporation may require a
bond and proof of all of the | 56 |
following: | 57 |
If a municipal
corporation requires registration, imposes | 64 |
such a fee, or
requires a
bond or proof of the items listed in | 65 |
divisions (C)(1), (2), and (3)
of this section, the
municipal | 66 |
corporation immediately shall permit a
contractor who
presents | 67 |
proof of holding a valid and unexpired license issued pursuant to | 68 |
Chapter 4740.
of the
Revised Code, who registers, pays the
fee, | 69 |
obtains a bond, and submits the proof described under divisions | 70 |
(C)(1), (2), and (3) of this section, as required, to
engage in | 71 |
the type of contracting for which
the license is held, within the | 72 |
municipal
corporation. | 73 |
(E) A municipal corporation that licenses specialty | 80 |
contractors
pursuant to division (A)(3) of this section may | 81 |
accept, for
purposes of satisfying the requirements of that | 82 |
divisionits licensing requirements, a valid
and unexpired license | 83 |
issued pursuant to Chapter
4740. of the
Revised Code that is held | 84 |
by a
specialty contractor holds,
for the construction, | 85 |
replacement, maintenance, or
repair of
one-family,
two-family, or | 86 |
three-family dwelling houses or
accessory structures incidental
to | 87 |
those dwelling
houses. | 88 |
(G) As used in this section, "specialty contractor" means a | 93 |
heating,
ventilating, and
air conditioning
contractor, | 94 |
refrigeration contractor, electrical contractor, plumbing | 95 |
contractor, or
hydronics
contractor, as those termscontractors | 96 |
are defined in
section 4740.01described in Chapter 4740. of the | 97 |
Revised Code. | 98 |
Sec. 3703.10. All prosecutions and proceedings by the | 99 |
department of
commerce for the violation of sections 3703.01 to | 100 |
3703.09
of the Revised Code, or for the
violation of any of the | 101 |
orders or rules of the department under those sections, shall be | 102 |
instituted
by the director of commerce. All fines or judgments | 103 |
collected by the
department shall be paid into the state treasury | 104 |
to the credit of the
industrial compliance operating fund created | 105 |
by section 121.084 of the Revised
Code. | 106 |
The director, the board of health of a general or city health | 107 |
district, or
any person charged with enforcing the rules of the | 108 |
department adopted under sections 3703.01 to 3703.09 of the | 109 |
Revised Code may petition the
court of common pleas for injunctive | 110 |
or other appropriate relief requiring any
person violating a rule | 111 |
adopted or order issued by the director under this
chapterthose | 112 |
sections to comply with the rule or order. The court of common | 113 |
pleas of the
county in which the offense is alleged to be occuring | 114 |
occurring
may grant injunctive or
other appropriate relief. | 115 |
Sec. 3703.21. (A) Within ninety days after the effective | 116 |
date of this section, the superintendent of the division of | 117 |
industrial compliance shall appoint a backflow advisory board | 118 |
consisting of not more than ten members, who shall serve at the | 119 |
pleasure of the superintendent. The superintendent shall appoint a | 120 |
representative from the plumbing section of the division of | 121 |
industrial compliance, three representatives recommended by the | 122 |
plumbing administrator of the division of industrial compliance, a | 123 |
representative of the drinking water program of the Ohio | 124 |
environmental protection agency, three representatives recommended | 125 |
by the director of environmental protection, and not more than two | 126 |
members who are not employed by the plumbing or water industry. | 127 |
(D) Whoever violates division (C) of this section or any rule | 173 |
adopted pursuant to division (B) of this section shall pay a civil | 174 |
penalty of not more than five thousand dollars for each day that | 175 |
the violation continues. The superintendent may, by order, assess | 176 |
a civil penalty under this division, or may request the attorney | 177 |
general to bring a civil action to impose the civil penalty in the | 178 |
court of common pleas of the county in which the violation | 179 |
occurred or where the violator resides. | 180 |
Sec. 3781.102. (A) Any county or municipal building | 198 |
department certified pursuant to division (E) of section 3781.10 | 199 |
of the Revised Code as of September 14, 1970, and
that, as
of
that | 200 |
date, was inspecting single-family,
two-family, and
three-family | 201 |
residences, and any township building department
certified | 202 |
pursuant to division (E) of section 3781.10 of the
Revised Code, | 203 |
is hereby declared to be certified to inspect
single-family, | 204 |
two-family, and three-family residences containing
industrialized | 205 |
units, and such building department shall inspect
the buildings or | 206 |
classes of buildings subject to the
provisions
of
division (E) of | 207 |
section 3781.10 of the Revised Code. | 208 |
Rules adopted by a board of county commissioners pursuant
to | 214 |
this division may be enforced within the unincorporated areas
of | 215 |
the county and within any municipal corporation where the | 216 |
legislative authority of the municipal corporation has contracted | 217 |
with the board for the enforcement of the county rules within the | 218 |
municipal corporation pursuant to section 307.15 of the Revised | 219 |
Code. The rules shall not conflict with rules adopted by the
board | 220 |
of building standards pursuant to section 3781.10 of the
Revised | 221 |
Code or by the department of commerce pursuant to Chapter
3703. of | 222 |
the Revised Code. This division does not impair or
restrict the | 223 |
power of municipal corporations under Section 3
Article XVIII, | 224 |
Ohio Constitution, to adopt rules concerning
the
erection, | 225 |
construction, repair, alteration, and maintenance
of
buildings and | 226 |
structures or of establishing standards and
providing for the | 227 |
licensing of specialty contractors pursuant to
section
715.27 of | 228 |
the Revised Code. | 229 |
A board of county commissioners, pursuant to this
division, | 230 |
may require all electrical contractors and
heating, ventilating, | 231 |
and air conditioning contractors, other than
those who hold a | 232 |
valid and unexpired license issued pursuant to
Chapter 4740. of | 233 |
the Revised Code, to
successfully complete an examination, test, | 234 |
or demonstration of
technical skills, and may impose a fee and | 235 |
additional requirements
for a license to engage in their | 236 |
respective occupations within
the jurisdiction of the board's | 237 |
rules under this division. | 238 |
(C) No board of county commissioners shall require any | 239 |
specialty contractor who holds a
valid and unexpired
license | 240 |
issued pursuant to
Chapter 4740.
of the
Revised Code to | 241 |
successfully complete an
examination, test, or demonstration of | 242 |
technical skills in order
to engage in the
type of contracting
for | 243 |
which the license is held,
within the unincorporated areas of
the | 244 |
county and within any
municipal corporation whose legislative | 245 |
authority has contracted
with the board for the enforcement of | 246 |
county regulations within
the municipal corporation, pursuant to | 247 |
section 307.15 of the
Revised
Code. | 248 |
(D) A board may impose a fee
for registration of a
specialty | 249 |
contractor who holds a valid and unexpired
license
issued pursuant | 250 |
to
Chapter 4740. of the Revised Code before that
specialty | 251 |
contractor may engage
in the type of contracting for
which the | 252 |
license is held within the
unincorporated areas of the
county and | 253 |
within any
municipal corporation whose legislative
authority has | 254 |
contracted
with the board for the enforcement of
county | 255 |
regulations within
the municipal corporation, pursuant to
section | 256 |
307.15 of the
Revised
Code, provided that the fee
is the
same for | 257 |
all
specialty contractors who
wish to engage in that
type of | 258 |
contracting. If
a board imposes such a fee, the board
immediately | 259 |
shall permit a specialty contractor who presents
proof of holding | 260 |
a
valid and
unexpired
license and pays the
required fee to
engage | 261 |
in the type of contracting
for which
the
license is held within | 262 |
the
unincorporated areas of the county and
within any municipal | 263 |
corporation
whose legislative authority has
contracted with the | 264 |
board for the enforcement
of county
regulations within the | 265 |
municipal corporation, pursuant to section
307.15 of the Revised | 266 |
Code. | 267 |
(E) The political subdivision associated with each
municipal, | 268 |
township, and county building department certified by
the board of | 269 |
building standards pursuant to division (E) of
section 3781.10 of | 270 |
the Revised Code may prescribe fees to be paid
by persons, | 271 |
political subdivisions, or any department, agency,
board, | 272 |
commission, or institution of the state, for the
acceptance
and | 273 |
approval of plans and specifications, and for the
making of | 274 |
inspections, pursuant to sections 3781.03 and 3791.04
of the | 275 |
Revised Code. | 276 |
(F) Each political subdivision that prescribes fees
pursuant | 277 |
to
division (E) of this section shall collect, on behalf of
the | 278 |
board of
building standards, a fee equal to three per cent of such | 279 |
those
fees. The board
shall adopt rules, in accordance with | 280 |
Chapter
119. of the Revised Code,
specifying the manner in which | 281 |
the fee
assessed pursuant to this division
shall be
collected and | 282 |
remitted
monthly to the board. The board shall pay the fee | 283 |
assessed
pursuant to this division into the state treasury to the | 284 |
credit of
the industrial compliance operating fund created in | 285 |
section
121.084 of the
Revised Code. | 286 |
(G) A board of county commissioners that adopts rules | 293 |
providing
for the licensing of electrical and heating, | 294 |
ventilating, and air
conditioning contractors, pursuant to | 295 |
division (B) of this
section, may accept, for purposes of | 296 |
satisfying the requirements of rules adopted under that
division, | 297 |
a valid and unexpired license issued pursuant to Chapter
4740. of | 298 |
the Revised Code that is held by an electrical or
heating, | 299 |
ventilating, and air conditioning contractor, for the | 300 |
construction, replacement, maintenance, or repair of one-family, | 301 |
two-family, or three-family dwelling houses or accessory | 302 |
structures incidental to those dwelling houses. | 303 |
(I) As used in this section, "specialty contractor" means a | 308 |
heating, ventilating, and air conditioning contractor, | 309 |
refrigeration contractor, electrical contractor, plumbing | 310 |
contractor, or
hydronics contractor, as those termscontractors | 311 |
are defined in
section
4740.01described in Chapter 4740. of the | 312 |
Revised Code. | 313 |
(1) For
compensation, directs, supervises, or has | 323 |
responsibility for the means,
method, and manner of heating, | 324 |
ventilating, and air conditioning construction,
improvement, | 325 |
renovation, repair, testing, or maintenance on a construction | 326 |
project with respect to one or more trades
and
who
offers, | 327 |
identifies, advertises, or otherwise
holds out or
represents that | 328 |
the
individual or business entity is permitted or
qualified to
| 329 |
perform, direct, supervise, or have responsibility
for the means, | 330 |
method,
and
manner of
heating, ventilating, and air
conditioning | 331 |
construction,
improvement, renovation, repair, or
maintenance with | 332 |
respect to one or more trades on a construction project; | 333 |
(1) For compensation, directs, supervises, or has | 341 |
responsibility for the means, method, and manner of refrigeration | 342 |
construction, improvement, renovation, repair, or
maintenance on a | 343 |
construction project and who
offers, identifies, advertises, or | 344 |
otherwise
holds out or represents that the
individual or business | 345 |
entity is permitted or qualified to direct,
supervise, or have | 346 |
responsibility for the means, method, and manner of
refrigeration | 347 |
construction, improvement, renovation,
repair, or maintenance on a | 348 |
construction project; | 349 |
(1) For compensation, directs, supervises, or has | 356 |
responsibility for the means, method, and manner of electrical | 357 |
construction, improvement, renovation, repair, or
maintenance on a | 358 |
construction project and who
offers, identifies, advertises, or | 359 |
otherwise holds out
or represents that the
individual or business | 360 |
entity is permitted or qualified to direct,
supervise, or have | 361 |
responsibility for the means, method, and manner of
electrical | 362 |
construction, improvement, renovation,
repair, or maintenance on a | 363 |
construction project; | 364 |
(1) For compensation, directs, supervises, or has | 381 |
responsibility
for the means, method, and manner of plumbing
| 382 |
construction, improvement, renovation, repair, or maintenance on a | 383 |
construction project and who
offers, identifies,
advertises, or | 384 |
otherwise holds out or represents that the
individual or
business | 385 |
entity is
permitted or qualified to direct, supervise, or have | 386 |
responsibility for the means, method, and manner of plumbing | 387 |
construction, improvement, renovation, repair, or maintenance on a | 388 |
construction project; | 389 |
(1) For compensation, directs, supervises, or has | 395 |
responsibility for the means, method, and manner of hydronics | 396 |
construction, improvement, renovation, repair, or
maintenance on a | 397 |
construction project and who offers, identifies, advertises, or | 398 |
otherwise holds out
or represents that the
individual or business | 399 |
entity is permitted or qualified to direct,
supervise, or have | 400 |
responsibility for the means, method, and manner of
hydronics | 401 |
construction, improvement, renovation, repair,
or maintenance on a | 402 |
construction project; | 403 |
(H)(D) "Tradesperson" means an individual who,
for | 412 |
compensation, engages in
construction, improvement, renovation, | 413 |
repair, or maintenance of
buildings or structures without assuming | 414 |
responsibility for the
means, method, or manner of that | 415 |
construction, improvement,
renovation, repair, or maintenance. | 416 |
Sec. 4740.02. (A) There is hereby created within the | 426 |
department of
commerce, the Ohio
construction industry examining | 427 |
licensing board, consisting of seventeen
residents of this state. | 428 |
The board
shall consist ofhave an
administrative section, a | 429 |
plumbing section, an
electrical
section, and a heating, | 430 |
ventilating, air conditioning,
and
refrigeration section.
The | 431 |
director of commerce shall appoint
all
members of the board. The | 432 |
director or
the director's
designee shall serve as a member of the | 433 |
administrative section and
the director shall appoint to the | 434 |
administrative section to represent the public, one
member who is | 435 |
a representative of the public
who is not a member
of
any group | 436 |
certified by any section of the board. The plumbing,
electrical, | 437 |
and
heating, ventilating, air conditioning, and
refrigeration | 438 |
sections eachEach section, other than the administrative section, | 439 |
shall annually elect a member of
their
own
respectiveits
section | 440 |
to serve a one-year term on the
administrative section. | 441 |
(B) The plumbing section shall consistconsists of five | 442 |
members,
one
of whom is a plumbing inspector employed by
the | 443 |
department of
commerce, a municipal
corporation, or a health | 444 |
district, two of
whom are
plumbing contractors
who have no | 445 |
affiliation with any
union representing plumbers, and two of whom | 446 |
are plumbing
contractors who are
signatories to agreements with | 447 |
unions
representing
plumbers. | 448 |
(C) The electrical section shall consistconsists of five | 451 |
members,
one of whom is an electrical inspector
employed by the | 452 |
department
of commerce, a municipal
corporation, or a county, two | 453 |
of
whom are
electrical contractors who have no affiliation with | 454 |
any union
representing electricians, and two of whom are | 455 |
electrical
contractors who are signatories to
agreements with | 456 |
unions
representing
electricians. | 457 |
(D) The heating, ventilating, air conditioning, and | 460 |
refrigeration section shall consistconsists of five members, one | 461 |
of whom
is a heating, ventilating, air conditioning, and | 462 |
refrigeration
inspector employed by either the department of | 463 |
commerce or a
municipal corporation; two of whom are heating, | 464 |
ventilating,
and
air conditioning contractors or refrigeration | 465 |
contractors
who
have no
affiliation with any union representing | 466 |
heating,
ventilating, and air conditioning tradespersons or | 467 |
refrigeration
tradespersons; and two of whom are heating, | 468 |
ventilating, and air
conditioning contractors or refrigeration | 469 |
contractors who
are
signatories to agreements with
unions | 470 |
representing heating,
ventilating, and air conditioning | 471 |
tradespersons or
refrigeration
tradespersons. | 472 |
(E) Within ninety days after July 31, 1992, initial | 477 |
appointments shall be made to the
board. Of the initial | 478 |
appointments to the
board, two appointments in each section, other | 479 |
than the
administrative section, are for terms ending one year | 480 |
after July
31, 1992, and two
are for terms ending two
years after | 481 |
July 31,
1992. All other
appointments to the board are for terms | 482 |
ending three years after
July 31, 1992.
Thereafter, terms of | 483 |
office
are for three years, each term ending on the same day of | 484 |
the same
month of the year as did the term that it succeeds. Each | 485 |
member
shall hold office from the date of appointment until the | 486 |
end
of the term for which the member was appointed. Members may
be | 487 |
reappointed. Vacancies shall be filled in the manner provided
for | 488 |
original appointments. Any member appointed to fill a
vacancy | 489 |
occurring prior to the expiration date of the term for
which the | 490 |
member's predecessor was appointed shall hold
office as a member | 491 |
for the remainder of that term. A member shall continue in
office | 492 |
subsequent to the expiration date of the member'sa term until the | 493 |
member'sa successor takes office or until a
period of sixty days | 494 |
has
elapsed, whichever occurs first. | 495 |
(I) Membership on the board and holding any office of the | 510 |
board does not constitute the holding of a public office or | 511 |
employment within the meaning of any section of the Revised Code, | 512 |
or an interest, either direct or indirect, in a contract or | 513 |
expenditure of money by the state or any municipal corporation, | 514 |
township, special district, school district, county, or other | 515 |
political subdivision. No member or officer of the board is | 516 |
disqualified from holding any public office or employment nor | 517 |
shall the officer or member forfeit any public office or | 518 |
employment by
reason of holding a position as an officer or
member | 519 |
of
the board. | 520 |
Sec. 4740.03. (A) The administrative section of the Ohio | 524 |
construction industry examininglicensing board annually shall | 525 |
elect from
among its members a chairperson and other officers as | 526 |
the board,
by rule, designates. The chairperson shall preside over | 527 |
meetings
of
the administrative section or designate another member | 528 |
to
preside
in the chairperson's absence. The administrative | 529 |
section
shall hold at least
two regular meetings each year, but | 530 |
may meet
at additional times
as specified by rule, at the call of | 531 |
the
chairperson,
or upon the request of two or more members. A | 532 |
majority of the members
of the administrative section
constitutes | 533 |
a quorum for the transaction of all business. The
administrative | 534 |
section may not take any action without the
concurrence of at | 535 |
least three of its members. | 536 |
(A) Schedule the contractor examinations
for heating, | 577 |
ventilating, and
air
conditioning contractors, refrigeration | 578 |
contractors,
electrical
contractors, plumbing contractors, and | 579 |
hydronics
contractors, as
directed by the
applicable sectioneach | 580 |
of the other sections of the board directs.
The administrative | 581 |
section shall schedule
examinations toEach type of examination | 582 |
shall be held
at least four times per year. | 583 |
(C) Issue and renew
licenses to
individuals who
have
attained | 597 |
at least the minimum score on an examination
authorized
by the | 598 |
plumbing section for plumbing
contractors, the
electrical
section | 599 |
for electrical contractors, the heating,
ventilating, air | 600 |
conditioning, and refrigeration section for
heating, ventilating, | 601 |
and air conditioning contractors and
refrigeration contractors, | 602 |
and both the heating, ventilating, air
conditioning, and | 603 |
refrigeration and plumbing sections for
hydronics contractors,
on | 604 |
the condition that the
appropriate section of the board determines | 605 |
that the appropriate section authorizes for the licensed trade. | 606 |
Hydronics contractors shall pass the examinations for both the | 607 |
plumbing section and the heating, ventilating, air conditioning, | 608 |
and refrigeration section. The appropriate section shall determine | 609 |
whether the individual
also is qualified as required by section | 610 |
4740.06 of the
Revised Code to hold a license;. | 611 |
(E) Keep a record containing the name, address, the date
on | 616 |
which the board issues or renews a
license
to, and the license | 617 |
number of, every
heating,
ventilating, and air conditioning | 618 |
contractor, refrigeration
contractor, electrical contractor, | 619 |
plumbing contractor, and
hydronics contractor issued a license | 620 |
pursuant
to this chapter; | 621 |
Sec. 4740.05. The heating, ventilating, air conditioning, | 660 |
and refrigeration(A) Each section of the Ohio construction | 661 |
industry
examininglicensing board for heating, ventilating, and | 662 |
air conditioning
contractors and refrigeration contractors; the | 663 |
plumbing section
of
the board for plumbing contractors; the | 664 |
electrical section for
electrical contractors; and both the | 665 |
heating, ventilating, air
conditioning, and refrigeration and the | 666 |
plumbing sections for
hydronics contractors, other than the | 667 |
administrative section, shall do all of the following: | 668 |
Sec. 4740.06. (A) Any individual who applies for
a
license | 731 |
shall file a written
application with
the appropriate
section of | 732 |
the Ohio construction industry
examininglicensing board, | 733 |
accompanied with
the application fee as determined pursuant to | 734 |
section
4740.09 of
the Revised Code. The individual shall file
the | 735 |
application with
the appropriate section not more than sixty
days | 736 |
nor less than
thirty days prior to the date of the
examination. | 737 |
The application
shall be on the form prescribed by
the
appropriate | 738 |
the section of the
boardprescribes and verified by the | 739 |
applicant's
oath. It shall containThe applicant shall provide | 740 |
information satisfactory to
the
appropriate section showing that | 741 |
the applicant meets the
requirements of division (B) of this | 742 |
section. | 743 |
(3) Either have been a tradesperson
forin the type of | 752 |
contractorlicensed trade for which the application is filed
for | 753 |
not less than
five years immediately prior to the date the | 754 |
application is filed,
be an engineer, have three years of
business | 755 |
experience in the
construction industry, or have other
experience | 756 |
acceptable to the appropriate
section of the board that
authorizes | 757 |
issuance of the type of
license sought; | 758 |
(C) If theWhen an applicant for licensure as a heating, | 772 |
ventilating, and
air
conditioning contractor, refrigeration | 773 |
contractor, electrical
contractor, plumbing
contractor, or | 774 |
hydronics contractor in a licensed trade meets the qualifications | 775 |
set
forth in
division (B) of this section and passes the required | 776 |
examination,
the
appropriate section of the
board, within ninety | 777 |
days after the
applicant filed the
application was filed, shall | 778 |
authorize the
administrative section of the board
to
license the | 779 |
applicant for
the
type of contractor's license for which
the | 780 |
applicant
qualifies. A section of the board may withdraw its | 781 |
authorization
to
the administrative section for issuance of a | 782 |
license for
good
cause shown, on the condition that notice of that | 783 |
withdrawal is
given prior to the administrative section's
issuance | 784 |
of the
license. | 785 |
(D) Each license issued under this
chapter expires one year | 786 |
after the date of issue, but each. An
individual
holding a valid, | 787 |
unexpired license may
renew
the license, without reexamination,
by | 788 |
applyingsubmitting an application
to the
appropriate section of | 789 |
the board not more than
ninety calendar
days before the
expiration | 790 |
of the license, and submitting
with
the applicationalong with the | 791 |
renewal fee as
determined pursuant to
section 4740.09
of the | 792 |
Revised Codethe section requires and proof of compliance with
the | 793 |
applicable continuing
education requirements applicable to
that | 794 |
contractor. The renewal applicationapplicant shall contain | 795 |
provide information in the renewal application
satisfactory to | 796 |
demonstrate to the appropriate section of the board showing
that | 797 |
the applicant continues to meet the requirements of
division (B) | 798 |
of this
section. | 799 |
The appropriateUpon application and within one calendar year | 800 |
after a license has expired, a section of the board may waive any | 801 |
of the
requirements for renewal of a license upon finding that the | 802 |
an
applicant substantially has metmeets the renewal requirements | 803 |
or
that
failure to timely apply for renewal is due to excusable | 804 |
neglect.
If, in renewing a license, aA section of the boardthat | 805 |
waives
requirements for renewal, that sectionof a license may | 806 |
impose
conditions upon
thatthe licensee and assess a late filing | 807 |
fee of not more than double
the usual renewal fee. An applicant | 808 |
shall satisfy any condition the section imposes before a license | 809 |
is reissued. | 810 |
(B) Any individual may request, at the time of applying
for
a
| 830 |
license or at any time thereafter,
that the individual's
license | 831 |
be
assigned to
a business
entity with whom the individual
is | 832 |
associated as a full-time
officer,
proprietor, partner, or | 833 |
employee. If the individual is
issued or
holds a license and
meets | 834 |
the
requirements of
this section for the assignment of
the
license | 835 |
to a business entity, the
administrative section shall
assign the | 836 |
license to and issue
a license in the
name of
the
business entity. | 837 |
The license
assigned and
issued to a business
entity under this | 838 |
division shall state the
name and position of
the individual who | 839 |
assigned the
license to the business entity. | 840 |
(D)(1) If an individual who assigned a
license to a
business | 847 |
entity
ceases to be associated with the business entity
for any | 848 |
reason, including, without limitation,the death of the | 849 |
individual,
the individual or business entity immediately
shall | 850 |
notify the appropriate section of the board of the date on which | 851 |
the individual ceased to be associated
with the business entity. A
| 852 |
license assigned to
a
business entity is invalid ninety calendar | 853 |
days after
the
date on which the individual who assigned the | 854 |
license
ceases
to be associated with the business entity. | 855 |
For the period of time during which more than one
license for | 868 |
the same type of contracting is assigned under
this section to a | 869 |
business entity, any work conducted by the
business entity | 870 |
conducts under
any of those licenses is deemed to be
conducted | 871 |
under the personal
supervision of the individuals
named in each of | 872 |
thethose licenses and
all violationsany violation of any
terms | 873 |
term of any of the licenses arelicense is deemed to
have been | 874 |
committed by the individuals named in eachall of the
licenses. | 875 |
Sec. 4740.08. Upon applicationWhen an individual who is | 889 |
registered, licensed, or certified in another state applies to the | 890 |
appropriate section
of
the Ohio construction industry examining | 891 |
licensing board and payment ofpays
the licensure
fee determined | 892 |
pursuant to section 4740.09 of
the Revised Code
for the
issuance | 893 |
of a license, the appropriate
section
of the
board shall authorize | 894 |
the administrative section
of the board
to
issue, without | 895 |
examination, a
license to anthat
individual
registered, licensed, | 896 |
or certified in another state of
the United
States, provided that | 897 |
if the appropriate section of the
board
determines, pursuant to | 898 |
the rule adopted under division
(A)(5) of
section 4740.05 of the | 899 |
Revised Coderules it adopts, that the
requirements for | 900 |
registration, licensure, or certification under
the laws of the | 901 |
other state of the United States are
substantially equal to the | 902 |
requirements for licensure in this state and further
provided
that | 903 |
suchthe other state extends similar reciprocity to persons | 904 |
licensed under this chapter.
The appropriate
section of the board | 905 |
may withdraw its
authorization to the administrative section for | 906 |
issuance of a
license for good cause shown prior to the | 907 |
administrative
section's issuance of the license. | 908 |
Sec. 4740.10. (A) The heating, ventilating, air | 909 |
conditioning, and refrigerationappropriate section of the Ohio | 910 |
construction
industry examininglicensing board for heating, | 911 |
ventilating, and air
conditioning contractors and for | 912 |
refrigeration contractors; the
electrical section of the board for | 913 |
electrical contractors; the
plumbing section of the board for | 914 |
plumbing contractors; and both
the plumbing section and the | 915 |
heating, ventilating, air
conditioning, and refrigeration section | 916 |
for hydronics contractors
may suspend or revoke a license and may | 917 |
directmay take any of the following actions against a licensee | 918 |
who violates Chapter 4740. of the Revised Code: | 919 |
(C) The appropriate section of the board may investigate any | 948 |
alleged
violation of this chapter or the rules adopted pursuant | 949 |
theretoto it.
If, after itsan investigation, a section of the | 950 |
board
determines
that any person has engaged or is engaging in any | 951 |
practice that violates this chapter or the rules adopted pursuant | 952 |
theretoto it, that section may
apply to the
court of common pleas | 953 |
of
the county in which the section
determined that the
violation | 954 |
occurred or is occurring for an injunction or other
appropriate | 955 |
relief to enjoin or terminate the
violation. | 956 |
Sec. 4740.13. (A) No person shall act as or claim to be a | 986 |
heating, ventilating, and air conditioning contractor, | 987 |
refrigeration contractor, plumbing contractor, electrical | 988 |
contractor, or hydronicsa type of contractor that this chapter | 989 |
licenses unless that person holds or
has been assigned a license | 990 |
issued pursuant to this chapter
for
the type of contractor that | 991 |
person is acting as or claiming
to be. | 992 |
(D) A person is not an electrical contractor subject to | 1004 |
licensure under this chapter for work that is limited to the | 1005 |
construction, improvement, renovation, repair, testing, or | 1006 |
maintenance of the following systems using less than fifty volts | 1007 |
of electricity: fire alarm or burglar alarm, cabling, tele-data | 1008 |
sound, communication, and landscape lighting and irrigation. | 1009 |
Sec. 5537.07. (A) When the cost to the Ohio turnpike | 1014 |
commission under any contract with a person other than a | 1015 |
governmental agency involves an expenditure of more than ten | 1016 |
thousand dollars, the commission shall make a written contract | 1017 |
with the lowest responsive and responsible bidder in accordance | 1018 |
with section 9.312 of the Revised Code after advertisement for
not | 1019 |
less than two consecutive weeks in a newspaper of general | 1020 |
circulation in Franklin county, and in such other publications as | 1021 |
the commission determines, which notice shall state the general | 1022 |
character of the work and the general character of the materials | 1023 |
to be furnished, the place where plans and specifications
therefor | 1024 |
may be examined, and the time and place of receiving
bids. The | 1025 |
commission may require that the cost estimate for the | 1026 |
construction, demolition, alteration, repair, improvement, | 1027 |
renovation, or reconstruction of roadways and bridges for which | 1028 |
the commission is required to receive bids be kept confidential | 1029 |
and remain confidential until after all bids for the public | 1030 |
improvement have been received or the deadline for receiving bids | 1031 |
has passed. Thereafter, and before opening the bids submitted for | 1032 |
the roadways and bridges, the commission shall make the cost | 1033 |
estimate public knowledge by reading the cost estimate in a public | 1034 |
place. The commission may reject any and all bids. The | 1035 |
requirements of this division do not apply to contracts for the | 1036 |
acquisition of real property or compensation for professional or | 1037 |
other personal services. | 1038 |
Section 2. That existing sections 715.27, 3703.10, 3781.102, | 1055 |
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, | 1056 |
4740.08, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07 | 1057 |
of the Revised Code are hereby repealed. | 1058 |