SENATORS Nein, Carey, Stivers, Harris

To amend sections 715.27, 3703.10, 3781.102, 4740.01,

1

4740.02, 4740.03, 4740.04, 4740.05, 4740.06,

2

4740.07, 4740.08, 4740.09, 4740.10, 4740.101,

3

4740.11, 4740.12, 4740.13, and 5537.07 and to

4

enact sections 3703.21 and 4740.99 of the Revised

5

Code to change the name of the Ohio Construction

6

Industry Examining Board to the Ohio Construction

7

Industry Licensing Board, to make other changes

8

related to the licensing of trade contractors, and

9

to permit the Ohio Turnpike Commission to keep

10

cost estimates for specified construction projects

11

confidential until all bids are received.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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
4740.09, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07	15
be amended and sections 3703.21 and 4740.99 of the Revised Code be	16
enacted to read as follows:	17

Sec. 715.27.  (A) Any municipal corporation may:

18

(1) Regulate the erection of fences, billboards, signs, and	19
other structures, within the municipal corporation, and provide	20
for the removal and repair of insecure billboards, signs, and	21
other structures;	22

(2) Regulate the construction and repair of wires, poles,	23
plants, and all equipment to be used for the generation and	24
application of electricity;	25

(3) Provide for the licensing of house movers; plumbers;	26
sewer tappers; vault cleaners; and specialty contractors who are	27
not required to hold a valid and unexpired license issued pursuant	28
to Chapter 4740. of the Revised Code.	29

A municipal corporation may, pursuant to division (A)(3) of	30
this section, require;	31

(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

(B) No municipal corporation shall require any specialty	39
contractor who holds a valid and unexpired license issued pursuant	40
to Chapter 4740. of the Revised Code to successfully complete an	41
examination, test, or demonstration of technical skills in order	42
to engage in the type of contracting for which the license is	43
held, within the municipal corporation.	44

(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

(1) Insurance pursuant to division (B)(4) of section 4740.06	58
of the Revised Code;	59

(2) Compliance with Chapters 4121. and 4123. of the Revised	60
Code;	61

(3) Registration with the tax department of the municipal	62
corporation.	63

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

(D) A municipal corporation may revoke the registration of a	74
contractor registered with that municipal corporation for good	75
cause shown. Good cause shown includes the failure of a contractor	76
to maintain a bond or the items listed in divisions (C)(1), (2),	77
and (3) of this section, if the municipal corporation requires	78
those.	79

(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

(F) A municipal corporation shall not register a specialty	89
contractor who is required to hold a license under Chapter 4740.	90
of the Revised Code but does not hold a valid license issued under	91
that chapter.	92

(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

The board shall advise the superintendent on matters	128
pertaining to the training and certification of backflow	129
technicians.	130

(B) The superintendent shall adopt rules in accordance with	131
Chapter 119. of the Revised Code to provide for the certification	132
of backflow technicians. The rules shall establish all of the	133
following requirements, specifications, and procedures:	134

(1) Requirements and procedures for the initial certification	135
of backflow technicians, including eligibility criteria and	136
application requirements and fees;	137

(2) Specifications concerning and procedures for taking	138
examinations required for certification as a backflow technician,	139
including eligibility criteria to take the examination and	140
application requirements and fees for taking the examination;	141

(3) Specifications concerning and procedures for renewing a	142
certification as a backflow technician, including eligibility	143
criteria, application requirements, and fees for renewal;	144

(4) Specifications concerning and procedures for both of the	145
following:	146

(a) Approval of training agencies authorized to teach	147
required courses to candidates for certification as backflow	148
technicians or continuing education courses to certified backflow	149
technicians;	150

(b) Renewal of the approval described in division (B)(4)(a)	151
of this section.	152

(5) Education requirements that candidates for initial	153
certification as backflow technicians must satisfy and continuing	154
education requirements that certified backflow technicians must	155
satisfy;	156

(6) Grounds and procedures for denying, suspending, or	157
revoking certification, or denying the renewal of certification,	158
as a backflow technician;	159

(7) Procedures for issuing administrative orders for the	160
remedy of any violation of this section or any rule adopted	161
pursuant to division (B) of this section, including, but not	162
limited to, procedures for assessing a civil penalty authorized	163
under division (D) of this section;	164

(8) Any provision the superintendent determines is necessary	165
to administer or enforce this section.	166

(C) No individual shall engage in the installation, testing,	167
or repair of any isolation backflow prevention device unless that	168
individual possesses a valid certification as a backflow	169
technician. This division does not apply with respect to the	170
installation, testing, or repair of any containment backflow	171
prevention device.	172

(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

(E) Any action taken under a rule adopted pursuant to	181
division (B)(6) of this section is subject to the appeal process	182
of Chapter 119. of the Revised Code. An administrative order	183
issued pursuant to rules adopted under division (B)(7) of this	184
section and an appeal to that type of administrative order shall	185
be executed in accordance with Chapter 119. of the Revised Code.	186

(F) As used in this section:

187

(1) "Isolation backflow prevention device" means a device for	188
the prevention of the backflow of liquids, solids, or gases that	189
is regulated by the building code adopted pursuant to section	190
3781.10 of the Revised Code and rules adopted pursuant to this	191
section.	192

(2) "Containment backflow prevention device" means a device	193
for the prevention of the backflow of liquids, solids, or gases	194
that is installed by the supplier of, or as a requirement of, any	195
public water system as defined in division (A) of section 6109.01	196
of the Revised Code.	197

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

(B) Each board of county commissioners may adopt, by	209
resolution, rules establishing standards and providing for the	210
licensing of electrical and heating, ventilating, and air	211
conditioning contractors who are not required to hold a valid and	212
unexpired license pursuant to Chapter 4740. of the Revised Code.	213

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

All money credited to the fund under this division shall be	287
used exclusively for both of the following:	288

(1) Operating costs of the board;

289

(2) Providing services, including educational programs, for	290
the building departments that are certified by the board pursuant	291
to division (E) of section 3781.10 of the Revised Code.	292

(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

(H) A board of county commissioners shall not register a	304
specialty contractor who is required to hold a license under	305
Chapter 4740. of the Revised Code but does not hold a valid	306
license issued under that chapter.	307

(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

Sec. 4740.01.  As used in this chapter:

314

(A) "License" means a license issued by the Ohio construction	315
industry examininglicensing board issues to an individual as a	316
heating, ventilating, and air conditioning contractor,	317
refrigeration contractor, electrical contractor, plumbing	318
contractor, or hydronics contractor.	319

(B) "Heating, ventilating, and air conditioning contractor	320
Contractor" means any individual or business entity whothat	321
satisfies both of the following:	322

(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

(2) Is a tradespersonPerforms or employs tradespersons who	334
perform and who are trained to perform heating, ventilating, and	335
air conditioning construction, improvement, renovation, repair, or	336
maintenance on a construction project with respect to the	337
contractor's trades.	338

(C) "Refrigeration contractor" means any individual or	339
business entity who satisfies both of the following:	340

(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

(2) Is a tradesperson or employs tradespersons who perform	350
and who are trained to perform refrigeration construction,	351
improvement, renovation, repair, or maintenance on a construction	352
project.	353

(D) "Electrical contractor" means any individual or business	354
entity who satisfies both of the following:	355

(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

(2) Is a tradesperson or employs tradespersons who perform	365
and who are trained to perform electrical construction,	366
improvement, renovation, repair, or maintenance on a construction	367
project.	368

As used in this chapter, "electrical contracting" does not	369
include the construction, improvement, renovation, repair, or	370
maintenance of any of the following systems using less than fifty	371
volts:	372

(a) Fire alarm or burglar alarm;

373

(b) Tele-data;

374

(c) Cabling;

375

(d) Sound;

376

(e) Communication;

377

(f) Landscape lighting and irrigation.

378

(E) "Plumbing contractor" means any individual or business	379
entity who satisfies both of the following:	380

(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

(2) Is a tradesperson or employs tradespersons who perform	390
and who are trained to perform plumbing construction, improvement,	391
renovation, repair, or maintenance on a construction project.	392

(F) "Hydronics contractor" means any individual or business	393
entity who satisfies both of the following:	394

(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

(2) Is a tradesperson or employs tradespersons who perform	404
and who are trained to perform hydronics construction,	405
improvement, renovation, repair, or maintenance on a construction	406
project.	407

(G) "Contractor" "Licensed trade" means a trade performed by	408
a heating, ventilating, and air conditioning contractor, a	409
refrigeration contractor, an electrical contractor, a plumbing	410
contractor, or a hydronics contractor.	411

(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

(I)(E) "Construction project" means a construction project	417
involving a building or structure that is subject to Chapter 3781.	418
of the Revised Code and the rules adopted under that chapter, but	419
not involving the following buildings or structures:	420

(1) Anan industrialized unit as defined in division (C)(3)	421
of section 3781.06 of the Revised Code;	422

(2) Aor a building or structure constructed pursuant to	423
rules adopted under section 3781.181 or 3781.21 of the Revised	424
Code.	425

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

The plumbing section has primary responsibility for the	449
licensure of plumbing contractors and hydronics contractors.	450

(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

The electrical section has primary responsibility for the	458
licensure of electrical contractors.	459

(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

The heating, ventilating, air conditioning, and refrigeration	473
section has primary responsibility for the licensure of heating,	474
ventilating, and air conditioning contractors and refrigeration	475
contractors.	476

(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

(F) Before entering upon the discharge of official duties,	496
each member shall take, and file with the secretary of state, the	497
oath of office required by Section 7 of Article XV, Ohio	498
Constitution.	499

(G) Each member of the board, except for the director or the	500
director's designee the director appoints under division (A) of	501
this section, shall receive a per diem amount fixed pursuant to	502
section 124.15 of the Revised Code when actually attending to	503
matters of the board and for the time spent in necessary travel,	504
and all actual and necessary expenses incurred in the discharge of	505
official duties.	506

(H) The director of commerce may remove any member of the	507
board the director appoints for malfeasance, misfeasance, or	508
nonfeasance.	509

(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

(J) The board, and each section of the board, shall meet only	521
after adequate advance notice of the meeting has been given to	522
each member of the board or section, as appropriate.	523

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

(B)(1) The administrative section shall employ a secretary,	537
who is not a member of the board, to serve at the pleasure of the	538
administrative section, and shall fix the compensation of the	539
secretary. The secretary shall be in the unclassified civil	540
service of the state.	541

(2) The secretary shall do all of the following:

542

(a) Keep or set standards for and delegate to another person	543
the keeping of the minutes, books, and other records and files of	544
the board and each section of the board;	545

(b) Issue all licenses in the name of the board;

546

(c) Send out all notices, including advance notices of	547
meetings of the board and each section of the board, and attend to	548
all correspondence of the board and each section of the board,	549
under the direction of the administrative section;	550

(d) Receive and deposit all fees payable pursuant to this	551
chapter into the construction industry examiningindustrial	552
compliance operating fund created pursuant to section 4740.11	553
121.084 of the Revised Code;	554

(e) Perform all other duties incidental to the office of the	555
secretary or properly assigned to the secretary by the	556
administrative section of the board.	557

(3) Before entering upon the discharge of the duties of the	558
secretary, the secretary shall file with the treasurer of state a	559
bond in the sum of five thousand dollars, payable to the state, to	560
ensure the faithful performance of the secretary's duties. The	561
board shall pay the premium of the bond in the same manner as it	562
pays other expenditures of the board.	563

(C) Upon the request of the administrative section of the	564
board, the director of commerce shall supply the board and its	565
sections with personnel, office space, and supplies, as the	566
director determines appropriate. The administrative section of the	567
board shall employ any additional staff it considers necessary and	568
appropriate.	569

(D) The chairperson of the board or the secretary, or both,	570
as authorized by the board, shall approve all vouchers of the	571
board.	572

Sec. 4740.04.  The administrative section of the Ohio	573
construction industry examininglicensing board is responsible for	574
the administration of this chapter and shall do all of the	575
following:	576

(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

(B) Select and contract with one or more persons to do all of	584
the following relative to the examinations described in division	585
(A) of this section:	586

(1) Prepare, administer, score, and maintain the	587
confidentiality of the examinations;	588

(2) Be responsible for all the expenses required to fulfill	589
division (B)(1) of this section;	590

(3) Charge an applicant a fee, in an amount authorized by the	591
administrative section of the board,authorizes for administering	592
the examination;	593

(4) Design the examination for each type of contractor to	594
determine an applicant's competence to perform thethat type of	595
contracting for which the applicant is seeking licensure.	596

(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

(D) Make an annual written report to the director of commerce	612
on proceedings had by or before the board for the previous year	613
and make an annual statement of all money received and expended by	614
the board during the year;	615

(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

(F) Regulate a contractor's use and display of a license	622
issued pursuant to this chapter and of any information contained	623
in that license;	624

(G) Adopt rules in accordance with Chapter 119. of the	625
Revised Code as necessary to properly discharge the administrative	626
section's duties under this chapter;. The rules shall include, but	627
not be limited to, the following:	628

(1) Application procedures for examinations;

629

(2) Specifications for continuing education requirements for	630
license renewal that address all of the following:	631

(a) Criteria for continuing education courses conducted	632
pursuant to this chapter;	633

(b) A requirement that individuals holding a valid and	634
unexpired license accrue ten hours of continuing education courses	635
per year;	636

(c) A requirement that persons seeking approval to provide	637
continuing education courses submit the required information to	638
the appropriate section of the board at least thirty days, but not	639
more than one year, prior to the date on which the course is	640
proposed to be offered;	641

(d) A prohibition against any person providing a continuing	642
education course unless the administrative section of the board	643
approved that person not more than one year prior to the date the	644
course is offered;	645

(e) Fees the board charges to persons who provide continuing	646
education courses, in an amount of twenty-five dollars annually	647
for each person approved to provide courses, not more than ten	648
dollars plus one dollar per credit hour for each course offered,	649
and one dollar per credit hour of instruction per attendee;	650

(f) A provision limiting approval of continuing education	651
courses to one year.	652

(H) Adopt any continuing education curriculum as the other	653
sections of the board establish or approve pursuant to division	654
(C) of section 4740.05 of the Revised Code;	655

(I) Grant approval to a person or entity to offer continuing	656
education courses pursuant to rules the board adopts;	657

(J) Keep a record of its proceedings and do all things	658
necessary to carry out this chapter.	659

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

(A)(1) Adopt rules in accordance with Chapter 119. of the	669
Revised Code as this chapter relates to their respective sections.	670
The rules shall bethat are limited to the following:	671

(1) Application procedures for examinations;

672

(2) Specifications concerning continuing education	673
requirements for license renewal that address all of the	674
following:	675

(a) Criteria for selecting and approving courses and persons	676
to provide those courses;	677

(b) A specification that individuals holding a valid and	678
unexpired license be required to accrue no more than thirty hours	679
of continuing education courses over a period of three years;	680

(c) A requirement that persons seeking approval to provide	681
continuing education courses submit information regarding the	682
courses to the appropriate section of the board for approval not	683
less than ninety days nor more than one year prior to the date on	684
which the courses are offered, unless a section of the board	685
permits submission at a different time;	686

(d) A prohibition against any person providing a course for	687
the purpose of meeting continuing education requirements unless,	688
not more than one year prior to the date the course is offered,	689
the person has been approved by the appropriate section of the	690
board to provide that course;	691

(e) A provision limiting approval of continuing education	692
courses to one year;	693

(f) A provision establishing the following annual fees, to be	694
paid to the board by persons approved to provide continuing	695
education courses:	696

(i) For the approval of each continuing education course, not	697
more than ten dollars plus one dollar per credit hour;	698

(ii) For the approval of each person providing continuing	699
education courses, twenty-five dollars.	700

(3)(a) Criteria for the section of the board shallto use in	701
evaluating the qualifications of an individual;	702

(4)(b) Criteria for the section of the board shallto use in	703
deciding whether to authorize the administrative section to issue,	704
renew, suspend, revoke, or refuse to issue or renew a license;	705

(5) Determinations(c) The determinations and approvals made	706
the section makes under the reciprocity provision of section	707
4740.08 of the Revised Code.	708

(B)(2) Investigate allegations in reference to violations of	709
this chapter and the rules adopted pursuant thereto pertaining to	710
it that pertain to the section and determine by rule a procedure	711
forto conduct investigations and hearings on these allegations;	712

(C)(3) Maintain a record of its proceedings;

713

(D) Grant approval to persons to offer continuing education	714
courses pursuant to rules adopted under division (A)(2) of this	715
section;	716

(E)(4) As required, do all things necessary to carry out this	717
chapter.	718

(B) In accordance with rules they establish, the trade	719
sections of the board shall authorize the administrative section	720
to issue, renew, suspend, revoke, or refuse to issue or renew	721
licenses for the classes of contractors for which each has primary	722
responsibility as set forth in section 4740.02 of the Revised	723
Code.	724

(C) Each trade section of the board shall establish or	725
approve a continuing education curriculum for license renewal for	726
each class of contractors for which the section has primary	727
responsibility. No curriculum may require that more than five	728
hours out of the ten total required per year be specific course	729
requirements.	730

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

(B) To qualify to take thean examination required to obtain	744
a license for a heating, ventilating, and air conditioning	745
contractor, refrigeration contractor, electrical contractor,	746
plumbing contractor, or hydronics contractor, an individual shall:	747

(1) Be at least eighteen years of age;

748

(2) Be a United States citizen or legal alien who produces	749
valid documentation to demonstrate the individual is a legal	750
resident of the United States;	751

(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

(4) Maintain contractor's liability insurance, including	759
without limitation, complete operations coverage, in an amount	760
determined by the appropriate section of the board determines;	761

(5) Not have done any of the following:

762

(a) BeenWithin five years preceding the date the applicant	763
submits an application for a license under this chapter, been	764
convicted of or pleaded guilty to a misdemeanor involving moral	765
turpitude or of any felony;	766

(b) Violated this chapter or any rule adopted pursuant to	767
this chapterit;	768

(c) Obtained or renewed a license issued pursuant to this	769
chapter, or any order, ruling, or authorization of the board or a	770
section of the board by fraud, misrepresentation, or deception;	771

(d) Engaged in fraud, misrepresentation, or deception in the	772
conduct of business.	773

(C) If theWhen an applicant for licensure as a heating,	774
ventilating, and air conditioning contractor, refrigeration	775
contractor, electrical contractor, plumbing contractor, or	776
hydronics contractor in a licensed trade meets the qualifications	777
set forth in division (B) of this section and passes the required	778
examination, the appropriate section of the board, within ninety	779
days after the applicant filed the application was filed, shall	780
authorize the administrative section of the board to license the	781
applicant for the type of contractor's license for which the	782
applicant qualifies. A section of the board may withdraw its	783
authorization to the administrative section for issuance of a	784
license for good cause shown, on the condition that notice of that	785
withdrawal is given prior to the administrative section's issuance	786
of the license.	787

(D) Each license issued under this chapter expires one year	788
after the date of issue, but each. An individual holding a valid,	789
unexpired license may renew the license, without reexamination, by	790
applyingsubmitting an application to the appropriate section of	791
the board not more than ninety calendar days before the expiration	792
of the license, and submitting with the applicationalong with the	793
renewal fee as determined pursuant to section 4740.09 of the	794
Revised Codethe section requires and proof of compliance with the	795
applicable continuing education requirements applicable to that	796
contractor. The renewal applicationapplicant shall contain	797
provide information in the renewal application satisfactory to	798
demonstrate to the appropriate section of the board showing that	799
the applicant continues to meet the requirements of division (B)	800
of this section.	801

The appropriateUpon application and within one calendar year	802
after a license has expired, a section of the board may waive any	803
of the requirements for renewal of a license upon finding that the	804
an applicant substantially has metmeets the renewal requirements	805
or that failure to timely apply for renewal is due to excusable	806
neglect. If, in renewing a license, aA section of the boardthat	807
waives requirements for renewal, that sectionof a license may	808
impose conditions upon thatthe licensee and assess a late filing	809
fee of not more than double the usual renewal fee. An applicant	810
shall satisfy any condition the section imposes before a license	811
is reissued.	812

(E) An individual holding a valid and unexpired license may	813
request the section of the board that authorized the issuance of	814
that license to place the license in inactive status under	815
conditions, and for a period of time, as determined by that	816
section of the boarddetermines.	817

(F) Except for the ninety-day extension provided for a	818
license assigned to a business entity under division (D) of	819
section 4740.07 of the Revised Code, a license held by an	820
individual immediately terminates upon the death of the	821
individual.	822

(G) Nothing in any license issued by the Ohio construction	823
industry examininglicensing board shall be construed to limit or	824
eliminate any requirement of or any license issued by the Ohio	825
fire marshal.	826

Sec. 4740.07.  (A) Except as otherwise provided in this	827
section, the administrative section of the Ohio construction	828
industry examininglicensing board shall issue and renew all	829
licenses under this chapter in the name of the individual who	830
meets the requirements of section 4740.06 of the Revised Code.	831

(B) Any individual may request, at the time of applying for a	832
license or at any time thereafter, that the individual's license	833
be assigned to a business entity with whom the individual is	834
associated as a full-time officer, proprietor, partner, or	835
employee. If the individual is issued or holds a license and meets	836
the requirements of this section for the assignment of the license	837
to a business entity, the administrative section shall assign the	838
license to and issue a license in the name of the business entity.	839
The license assigned and issued to a business entity under this	840
division shall state the name and position of the individual who	841
assigned the license to the business entity.	842

(C) During the period a business entity holds a license	843
issued under division (B) of this section, the administrative	844
section shall not issue another license to the individual who	845
assigned the license to the business entity another license for	846
the same type of contracting for which the business entity	847
utilizes the assigned license is utilized by the business entity.	848

(D)(1) If an individual who assigned a license to a business	849
entity ceases to be associated with the business entity for any	850
reason, including, without limitation,the death of the	851
individual, the individual or business entity immediately shall	852
notify the appropriate section of the board of the date on which	853
the individual ceased to be associated with the business entity. A	854
license assigned to a business entity is invalid ninety calendar	855
days after the date on which the individual who assigned the	856
license ceases to be associated with the business entity.	857

(2) If a license assigned to a business entity becomes	858
invalid pursuant to division (D)(1) of this section and another	859
individual has assigned a license to the business entity for the	860
same type of contracting for which the invalidated license had	861
been assigned, the business entity may continue to operate under	862
the other assigned license.	863

(E) Any work conducted by a business entity conducts under a	864
license assigned under this section is deemed to be conducted	865
under the personal supervision of the individual named in the	866
license and all violationsany violation of any termsterm of the	867
license areis deemed to have been committed by the individual	868
named in the license.	869

For the period of time during which more than one license for	870
the same type of contracting is assigned under this section to a	871
business entity, any work conducted by the business entity	872
conducts under any of those licenses is deemed to be conducted	873
under the personal supervision of the individuals named in each of	874
thethose licenses and all violationsany violation of any terms	875
term of any of the licenses arelicense is deemed to have been	876
committed by the individuals named in eachall of the licenses.	877

(F) No individual who assigns a license to a business entity	878
under division (B) of this section shall assign a license for the	879
same type of contracting to another business entity until after	880
ninety days after the individual ceases to be associated with the	881
business entity to whomwhich the individual had previously	882
assigned a license.	883

(G) Any individual who assigns a license to a business entity	884
under this section shall be actively engaged in business as the	885
type of contractor for which the license is issued and be readily	886
available for consultation with the business entity to which the	887
license is assigned.	888

(H) No license assigned under this section shall be assigned	889
to more than one business entity at a time.	890

Sec. 4740.08. Upon applicationWhen an individual who is	891
registered, licensed, or certified in another state applies to the	892
appropriate section of the Ohio construction industry examining	893
licensing board and payment ofpays the licensure fee determined	894
pursuant to section 4740.09 of the Revised Code for the issuance	895
of a license, the appropriate section of the board shall authorize	896
the administrative section of the board to issue, without	897
examination, a license to anthat individual registered, licensed,	898
or certified in another state of the United States, provided that	899
if the appropriate section of the board determines, pursuant to	900
the rule adopted under division (A)(5) of section 4740.05 of the	901
Revised Coderules it adopts, that the requirements for	902
registration, licensure, or certification under the laws of the	903
other state of the United States are substantially equal to the	904
requirements for licensure in this state and further provided that	905
suchthe other state extends similar reciprocity to persons	906
licensed under this chapter. The appropriate section of the board	907
may withdraw its authorization to the administrative section for	908
issuance of a license for good cause shown prior to the	909
administrative section's issuance of the license.	910

Sec. 4740.09. TheReasonable fees for licenses and their	911
renewal, including late fees, subject to the approval of the	912
controlling board, shall be determined by each respectivethe	913
administrative section of the Ohio construction industry examining	914
licensing board. Each respective section of the boardThe	915
administrative section shall establish the reasonable fees	916
pursuant to rules it adopts in accordance with Chapter 119. of the	917
Revised Code. The administrative section may increase these fees,	918
provided that the increase is reasonable and that no increase	919
exceeds fifty per cent of the lowest fee determined by that	920
section of the board during the three-year period immediately	921
preceding an increase, and further provided that no increase is	922
made more than once a year.	923

Sec. 4740.10.  (A) The heating, ventilating, air	924
conditioning, and refrigerationappropriate section of the Ohio	925
construction industry examininglicensing board for heating,	926
ventilating, and air conditioning contractors and for	927
refrigeration contractors; the electrical section of the board for	928
electrical contractors; the plumbing section of the board for	929
plumbing contractors; and both the plumbing section and the	930
heating, ventilating, air conditioning, and refrigeration section	931
for hydronics contractors may suspend or revoke a license and may	932
directmay take any of the following actions against a licensee	933
who violates Chapter 4740. of the Revised Code:	934

(1) Impose a fine on the licensee, not exceeding one thousand	935
dollars per violation per day;	936

(2) Direct the administrative section to suspend the	937
licensee's license for a period of time the section establishes;	938

(3) Direct the administrative section to revoke the	939
licensee's license;	940

(4) Require the licensee to complete additional continuing	941
education course work. Any continuing education course work	942
completed pursuant to this division may not count toward any other	943
continuing education requirements this chapter establishes.	944

(5) Direct the administrative section of the board to refuse	945
to issue or renew a license if the section of the board finds that	946
the applicant or licensee has done any of the following:	947

(1)(a) Been convicted of a misdemeanor involving moral	948
turpitude or a felony;	949

(2)(b) Violated any provision of this chapter or the rules	950
adopted pursuant thereto;	951

(3)(c) Obtained a license or any order, ruling, or	952
authorization of the board by fraud, misrepresentation, or	953
deception;	954

(4)(d) Engaged in fraud, misrepresentation, or deception in	955
the conduct of business.	956

(B) The appropriate section of the board shall determine the	957
length of time that a license is to be suspended and whether or	958
when an individual whose license has been revoked may apply for	959
reinstatement. The appropriate section of the board may accept or	960
refuse an application for reinstatement and may require an	961
examination for reinstatement.	962

(C) The appropriate section of the board may investigate any	963
alleged violation of this chapter or the rules adopted pursuant	964
theretoto it. If, after itsan investigation, a section of the	965
board determines that any person has engaged or is engaging in any	966
practice that violates this chapter or the rules adopted pursuant	967
theretoto it, that section may apply to the court of common pleas	968
of the county in which the section determined that the violation	969
occurred or is occurring for an injunction or other appropriate	970
relief to enjoin or terminate the violation.	971

(D) Any person who wishes to make a complaint against a	972
person who holds a license shall submit the complaint in writing	973
to the appropriate section of the board within one yearthree	974
years after the date of the action or event upon which the	975
complaint is based.	976

Sec. 4740.101.  On receipt of a notice pursuant to section	977
3123.43 of the Revised Code, the construction industry examining	978
licensing board shall comply with sections 3123.41 to 3123.50 of	979
the Revised Code and any applicable rules adopted under section	980
3123.63 of the Revised Code with respect to a certificate issued	981
pursuant to this chapter.	982

Sec. 4740.11.  The Ohio construction industry examining	983
licensing board and its sections shall deposit all receipts and	984
fines collected under this chapter into the state treasury to the	985
credit of the industrial compliance operating fund created in	986
section 121.084 of the Revised Code.	987

Sec. 4740.12.  Nothing in this chapter shall be construed to	988
limit the operation of any statute or rule of this state or any	989
ordinance or rule of any political subdivision, district, or	990
agency of the state that does either of the following:	991

(A) Regulates the installation, repair, maintenance, or	992
alteration of plumbing systems, hydronics systems, electrical	993
systems, heating, ventilating, and air conditioning systems, or	994
refrigeration systems;	995

(B) Requires the registration and assessment of a	996
registration or license fee of tradespersons who perform heating,	997
ventilating, and air conditioning, refrigeration, electrical,	998
plumbing, or hydronics construction, improvement, renovation,	999
repair, or maintenance.	1000

Sec. 4740.13. (A) No person shall act as or claim to be a	1001
heating, ventilating, and air conditioning contractor,	1002
refrigeration contractor, plumbing contractor, electrical	1003
contractor, or hydronicsa type of contractor that this chapter	1004
licenses unless that person holds or has been assigned a license	1005
issued pursuant to this chapter for the type of contractor that	1006
person is acting as or claiming to be.	1007

Contractors(B) Upon the request of the appropriate section	1008
of the Ohio construction industry licensing board, the attorney	1009
general may bring a civil action for appropriate relief, including	1010
but not limited to a temporary restraining order or permanent	1011
injunction in the court of common pleas of the county where the	1012
unlicensed person resides or is acting as or claiming to be a	1013
licensed contractor.	1014

(C) A contractor licensed under this chapter may install,	1015
service, and maintain the related or interfaced control wiring for	1016
equipment and devices related to their specific license, on the	1017
condition that the control wiring is less than twenty-five volts.	1018

(D) A person is not an electrical contractor subject to	1019
licensure under this chapter for work that is limited to the	1020
construction, improvement, renovation, repair, testing, or	1021
maintenance of the following systems using less than fifty volts	1022
of electricity: fire alarm or burglar alarm, cabling, tele-data	1023
sound, communication, and landscape lighting and irrigation.	1024

Sec. 4740.99. Whoever violates division (A) of section	1025
4740.13 of the Revised Code is guilty of a minor misdemeanor on	1026
the first violation and a misdemeanor of the fourth degree on	1027
subsequent violations.	1028

Sec. 5537.07.  (A) When the cost to the Ohio turnpike	1029
commission under any contract with a person other than a	1030
governmental agency involves an expenditure of more than ten	1031
thousand dollars, the commission shall make a written contract	1032
with the lowest responsive and responsible bidder in accordance	1033
with section 9.312 of the Revised Code after advertisement for not	1034
less than two consecutive weeks in a newspaper of general	1035
circulation in Franklin county, and in such other publications as	1036
the commission determines, which notice shall state the general	1037
character of the work and the general character of the materials	1038
to be furnished, the place where plans and specifications therefor	1039
may be examined, and the time and place of receiving bids. The	1040
commission may require that the cost estimate for the	1041
construction, demolition, alteration, repair, improvement,	1042
renovation, or reconstruction of roadways and bridges for which	1043
the commission is required to receive bids be kept confidential	1044
and remain confidential until after all bids for the public	1045
improvement have been received or the deadline for receiving bids	1046
has passed. Thereafter, and before opening the bids submitted for	1047
the roadways and bridges, the commission shall make the cost	1048
estimate public knowledge by reading the cost estimate in a public	1049
place. The commission may reject any and all bids. The	1050
requirements of this division do not apply to contracts for the	1051
acquisition of real property or compensation for professional or	1052
other personal services.	1053

(B) Each bid for a contract for construction, demolition,	1054
alteration, repair, improvement, renovation, or reconstruction	1055
shall contain the full name of every person interested in it and	1056
shall meet the requirements of section 153.54 of the Revised Code.	1057

(C) Each bid for a contract, other than for a contract	1058
referred to in division (B) of this section, shall contain the	1059
full name of every person interested in it and shall be	1060
accompanied by a sufficient bond or certified check on a solvent	1061
bank that if the bid is accepted a contract will be entered into	1062
and the performance of its proposal secured.	1063

(D) A bond with good and sufficient surety, approved by the	1064
commission, shall be required of every contractor awarded a	1065
contract, other than a contract referred to in division (B) of	1066
this section, in an amount equal to at least fifty per cent of the	1067
contract price, conditioned upon the faithful performance of the	1068
contract.	1069

Section 2. That existing sections 715.27, 3703.10, 3781.102,	1070
4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07,	1071
4740.08, 4740.09, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13,	1072
and 5537.07 of the Revised Code are hereby repealed.	1073