Sub. H. B. No. 444 As Passed by the House

Cosponsors: Representatives Szollosi, Luckie, Bolon, Book, Boyd, Brady, Brown, Budish, Celeste, Chandler, DeBose, Domenick, Driehaus, Dyer, Evans, Fende, Foley, Garrison, Gerberry, Goyal, Harwood, Heard, Koziura, Letson, Lundy, McGregor, J., Newcomb, Okey, Patton, Sayre, Slesnick, Stewart, D., Ujvagi, Williams, B., Williams, S., Yuko

(A) "License" means a license the Ohio construction industry	11
licensing board issues to an individual as a heating, ventilating,	12
and air conditioning contractor, refrigeration contractor,	13
electrical contractor, plumbing contractor, or hydronics	14
contractor.	15

(B) "Contractor" means any individual or business entity that	16
satisfies both of the following:	17

(1) ~~For compensation, directs~~Directs, supervises, or has	18
responsibility for the means, method, and manner of construction,	19
improvement, renovation, repair, or maintenance on a construction	20
project with respect to one or more trades and who offers,	21
identifies, advertises, or otherwise holds out or represents that	22
the individual or business entity is permitted or qualified to	23
perform, direct, supervise, or have responsibility for the means,	24
method, and manner of construction, improvement, renovation,	25
repair, or maintenance with respect to one or more trades on a	26
construction project;	27

(2) Performs or ~~employs~~has employees who are tradespersons	28
who perform construction, improvement, renovation, repair, or	29
maintenance on a construction project with respect to the	30
contractor's trades.	31

(C) "Licensed trade" means a trade performed by a heating,	32
ventilating, and air conditioning contractor, a refrigeration	33
contractor, an electrical contractor, a plumbing contractor, or a	34
hydronics contractor.	35

Section 1. That sections 4740.01, 4740.02, 4740.04, and	7
4740.07 be amended and section 4740.16 of the Revised Code be	8
enacted to read as follows:	9

(D) "Tradesperson" means an individual employed by a	36
contractor who engages in construction, improvement, renovation,	37
repair, or maintenance of buildings or structures without assuming	38
responsibility for the means, method, or manner of that	39
construction, improvement, renovation, repair, or maintenance.	40

(E) "Construction project" means a construction project	41
involving a building or structure subject to Chapter 3781. of the	42
Revised Code and the rules adopted under that chapter, but not an	43
industrialized unit or a residential building as defined in	44
section 3781.06 of the Revised Code.	45

Sec. 4740.02. (A) There is hereby created within the	46
department of commerce, the Ohio construction industry licensing	47
board, consisting of seventeen residents of this state. The board	48
shall have an administrative section, a plumbing and hydronics	49
section, an electrical section, and a heating, ventilating, air	50
conditioning, and refrigeration section. The director of commerce	51
shall appoint all members of the board. The director or the	52
director's designee shall serve as a member of the administrative	53
section and the director shall appoint to the section to represent	54
the public, one member who is not a member of any group certified	55
by any section of the board. Each section, other than the	56
administrative section, shall annually elect a member of its	57
section to serve a one-year term on the administrative section.	58

(B) The plumbing and hydronics section consists of five	59
members, one of whom is a plumbing inspector employed by the	60
department of commerce, a municipal corporation, or a health	61
district, two of whom are plumbing contractors who have no	62
affiliation with any union representing plumbers, and two of whom	63
are plumbing contractors who are signatories to agreements with	64
unions representing plumbers.	65

The plumbing and hydronics section has primary responsibility	66
for the licensure of plumbing contractors and hydronics	67
contractors.	68

(C) The electrical section consists of five members, one of	69
whom is an electrical inspector employed by the department of	70
commerce, a municipal corporation, or a county, two of whom are	71
electrical contractors who have no affiliation with any union	72
representing electricians, and two of whom are electrical	73
contractors who are signatories to agreements with unions	74
representing electricians.	75

The electrical section has primary responsibility for the	76
licensure of electrical contractors.	77

(D) The heating, ventilating, air conditioning, and	78
refrigeration section consists of five members, one of whom is a	79
heating, ventilating, air conditioning, and refrigeration	80
inspector employed by either the department of commerce or a	81
municipal corporation; two of whom are heating, ventilating, and	82
air conditioning contractors or refrigeration contractors who have	83
no affiliation with any union representing heating, ventilating,	84
and air conditioning tradespersons or refrigeration tradespersons;	85
and two of whom are heating, ventilating, and air conditioning	86
contractors or refrigeration contractors who are signatories to	87
agreements with unions representing heating, ventilating, and air	88
conditioning tradespersons or refrigeration tradespersons.	89

The heating, ventilating, air conditioning, and refrigeration	90
section has primary responsibility for the licensure of heating,	91
ventilating, and air conditioning contractors and refrigeration	92
contractors.	93

(E) Within ninety days after July 31, 1992, initial	94
appointments shall be made to the board. Of the initial	95
appointments to the board, two appointments in each section, other	96
than the administrative section, are for terms ending one year	97
after July 31, 1992, and two are for terms ending two years after	98
July 31, 1992. All other appointments to the board are for terms	99
ending three years after July 31, 1992. Thereafter, terms of	100
office are for three years, each term ending on the same day of	101
the same month of the year as did the term that it succeeds. Each	102
member shall hold office from the date of appointment until the	103
end of the term for which the member was appointed. Members may be	104
reappointed. Vacancies shall be filled in the manner provided for	105
original appointments. Any member appointed to fill a vacancy	106
occurring prior to the expiration of the term for which the	107
member's predecessor was appointed shall hold office as a member	108
for the remainder of that term. A member shall continue in office	109
subsequent to the expiration of a term until a successor takes	110
office or until a period of sixty days has elapsed, whichever	111
occurs first.	112

(F) Before entering upon the discharge of official duties,	113
each member shall take, and file with the secretary of state, the	114
oath of office required by Section 7 of Article XV, Ohio	115
Constitution.	116

(G) Each member, except for the director or the director's	117
designee, shall receive a per diem amount fixed pursuant to	118
section 124.15 of the Revised Code when actually attending to	119
matters of the board and for the time spent in necessary travel,	120
and all actual and necessary expenses incurred in the discharge of	121
official duties.	122

(H) The director of commerce may remove any member of the	123
board the director appoints for malfeasance, misfeasance, or	124
nonfeasance.	125

(I) Membership on the board and holding any office of the	126
board does not constitute holding a public office or employment	127
within the meaning of any section of the Revised Code, or an	128
interest, either direct or indirect, in a contract or expenditure	129
of money by the state or any municipal corporation, township,	130
special district, school district, county, or other political	131
subdivision. No member or officer of the board is disqualified	132
from holding any public office or employment nor shall the officer	133
or member forfeit any public office or employment by reason of	134
holding a position as an officer or member of the board.	135

(J) The board, and each section of the board, shall meet only	136
after adequate advance notice of the meeting has been given to	137
each member of the board or section, as appropriate.	138

Sec. 4740.04. The administrative section of the Ohio	139
construction industry licensing board is responsible for the	140
administration of this chapter and shall do all of the following:	141

(A) Schedule the contractor examinations each of the other	142
sections of the board directs. Each type of examination shall be	143
held at least four times per year.	144

(B) Select and contract with one or more persons to do all of	145
the following relative to the examinations:	146

(1) Prepare, administer, score, and maintain the	147
confidentiality of the examinations;	148

(2) Be responsible for all the expenses required to fulfill	149
division (B)(1) of this section;	150

(3) Charge an applicant a fee in an amount the	151
administrative section of the board authorizes for administering	152
the examination;	153

(4) Design the examination for each type of contractor to	154
determine an applicant's competence to perform that type of	155
contracting.	156

(1) Issue a license to any individual who the appropriate	158
section of the board determines is qualified pursuant to section	159
4740.06 of the Revised Code to hold a license and has attained,	160
within the twelve months preceding the individual's application	161
for licensure, a score on the examination that the appropriate	162
section authorizes for the licensed trade.	163

(a) Each license shall include a license number and an	164
expiration date.	165

(b) Each license issued to an individual who holds more than	166
one valid license shall contain the same license number and	167
expiration date as the original license issued to that individual.	168

(2) Renew licenses for individuals who meet the renewal	169
requirements of section 4740.06 of the Revised Code.	170

(D) Make an annual written report to the director of commerce	171
on proceedings had by or before the board for the previous year	172
and make an annual statement of all money received and expended by	173
the board during the year;	174

(E) Keep a record containing the name, address, the date on	175
which the board issues or renews a license to, and the license	176
number of, every heating, ventilating, and air conditioning	177
contractor, refrigeration contractor, electrical contractor,	178
plumbing contractor, and hydronics contractor issued a license	179
pursuant to this chapter;	180

(F) Regulate a contractor's use and display of a license	181
issued pursuant to this chapter and of any information contained	182
in that license;	183

(G) Adopt rules in accordance with Chapter 119. of the	184
Revised Code as necessary to properly discharge the administrative	185
section's duties under this chapter. The rules shall include, but	186
not be limited to, the following:	187

(2) Specifications for continuing education requirements for	189
license renewal that address all of the following:	190

(a) A requirement that an individual who holds any number of	191
valid and unexpired licenses accrue a total of ten hours of	192
continuing education courses per year;	193

(b) Fees the board charges to persons who provide continuing	194
education courses, in an amount of twenty-five dollars annually	195
for each person approved to provide courses, not more than ten	196
dollars plus one dollar per credit hour for each course offered,	197
and one dollar per credit hour of instruction per attendee;	198