As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 444

Representative Stewart, J. 

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 

Senators Miller, D., Goodman, Harris, Patton, Seitz, Wagoner, Fedor, Boccieri 

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A BILL

To amend sections 3781.111, 4517.21, 4740.01,

1

4740.02, 4740.04, and 4740.10 and to enact

2

section 4740.16 of the Revised Code to make

3

changes to the construction industry licensing

4

laws, to discipline unlicensed contractors,

5

eliminate unlicensed contractor activity, to

6

provide that an insurer or subrogee may sell

7

through a licensed motor vehicle auction owner a

8

motor vehicle that comes into its possession

9

through the operation of an insurance contract,

10

to create a rebuttable presumption for purposes

11

of enforcement of the Ohio Civil Rights

12

Commission that items submitted for plan approval

13

under the Board Building Standards rules are in

14

compliance with the Board's rules relating to

15

accessibility, and to require the Board to provide

16

statewide training on accessibility rules.

17

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

Section 1. That sections 3781.111, 4517.21, 4740.01, 4740.02,	18
4740.04, and 4740.10 be amended and section 4740.16 of the	19
Revised Code be enacted to read as follows:	20

Sec. 3781.111.  (A) In addition to the powers conferred by	21
any other section of the Revised Code, the board of building	22
standards shall adopt standards and rules to facilitate the	23
reasonable access and use by all persons with a disability of all	24
buildings and the facilities of buildings for which plans are	25
submitted for approval under section 3791.04 of the Revised Code.	26
No standard or rule shall be applied to any building the plans or	27
drawings, specifications, and date of which have been approved	28
prior to the time that the standard or rule takes effect.	29

(B)(1) Except as otherwise provided in this section, the	30
standards and rules adopted by the board pursuant to this section	31
shall be in accordance with the "Americans with Disabilities Act	32
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the	33
"Fair Housing Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A.	34
3601, as amended.	35

(2) For purposes of enforcement by the Ohio civil rights	36
commission only, approval of a plan as required under section	37
3791.04 of the Revised Code creates a rebuttable presumption that	38
the plans, drawings, specifications, or data submitted are in	39
compliance with the rules adopted by the board pursuant to this	40
section as they relate to accessibility.	41

(C) All signs posted to designate special parking locations	42
for persons with a disability and persons with disabilities that	43
limit or impair the ability to walk in accordance with division	44
(E) of section 4511.69 of the Revised Code and the standards and	45
rules adopted pursuant to this section shall be mounted on a fixed	46
or movable post or otherwise affixed in a vertical position at a	47
height so that the sign is clearly visible to the driver of a	48
vehicle when parked in such a location. If a new sign or a	49
replacement sign designating a special parking location is posted	50
on or after the effective date of this amendmentOctober14, 1999,	51
there also shall be affixed upon the surface of that sign or	52
affixed next to the designating sign a notice that states the fine	53
applicable for the offense of parking a motor vehicle in the	54
special designated parking location if the motor vehicle is not	55
legally entitled to be parked in that location.	56

(D) As used in this section, "disability" has the same	57
meaning as in section 4112.01 of the Revised Code. As used in	58
division (C) of this section, "persons with disabilities that	59
limit or impair the ability to walk" has the same meaning as in	60
division (A)(1) of section 4503.44 of the Revised Code.	61

(E) No owner of a building or facility where special parking	62
locations for persons with a disability must be designated in	63
accordance with the standards and rules adopted pursuant to this	64
section shall fail to properly mark the special parking locations	65
as required by those standards and rules or fail to maintain the	66
markings of the special parking locations, including the erection	67
and maintenance of the fixed or movable signs.	68

(F) The board annually shall provide statewide training on	69
the rules adopted by the board pursuant to this section as they	70
relate to accessibility for nonresidential building department	71
personnel certified by the board who approve, review plans, and	72
inspect nonresidential construction.	73

Sec. 4517.21.  (A) No motor vehicle auction owner licensed	75
under Chapter 4517. of the Revised Code shall:	76

(1) Engage in the sale of motor vehicles at retail from the	77
same licensed location;	78

(2) Knowingly permit the auctioning of a motor vehicle if the	79
motor vehicle auction owner has reasonable cause to believe it is	80
not being offered for sale by the legal owner of the motor	81
vehicle;	82

(3) Knowingly permit the sale of a motor vehicle to any	83
person except the following:	84

(a) A motor vehicle dealer licensed in this state or any	85
other jurisdiction, or any other person licensed pursuant to	86
Chapter 4517. of the Revised Code or a substantially similar	87
statute of any other jurisdiction;	88

(b) A person who purchases a motor vehicle from a licensed	89
motor vehicle dealer at an auction of motor vehicles conducted at	90
the licensed motor vehicle dealer's place of business in	91
accordance with division (B) of this section;	92

(c) A person who purchases a classic motor vehicle, as	93
defined in section 4517.021 of the Revised Code, at an auction	94
conducted at the established place of business of a licensed motor	95
vehicle auction owner where only classic motor vehicles are being	96
auctioned.	97

(4) Knowingly permit the sale of a motor vehicle by any	98
person who is not licensed pursuant to Chapter 4517. of the	99
Revised Code, except by insurers and subrogees selling only those	100
motor vehicles that have come into their possession through	101
the operation of the terms of an insurance contract;	102

(5) Knowingly permit any person to violate section 4517.19 of	103
the Revised Code;	104

(6) Deny reasonable inspection of the motor vehicle auction	105
owner's business records, relating to the sale of motor vehicles,	106
to the registrar of motor vehicles or the attorney general, when	107
requested in writing to do so. The motor vehicle auction owner	108
shall maintain for a period of six years from the date of the sale	109
of a motor vehicle at least the following information:	110

(a) The year, make, model and vehicle identification number	111
of the motor vehicle;	112

(b) The name and address of the selling dealer;

113

(c) The name and address of the buying dealer;

114

(d) The date of the sale;

115

(e) The purchase price;

116

(f) The odometer reading of the motor vehicle at the time of	117
sale and an odometer disclosure statement from the seller that	118
complies with subchapter IV of the "Motor Vehicle Information and	119
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	120

A motor vehicle auction owner may supplement the required	121
information with any additional information the motor vehicle	122
auction owner considers appropriate.	123

(7) Knowingly permit a dealer whose license has been	124
suspended or revoked, or a person whose application for a license	125
to operate as a dealer has been denied, to participate as a buyer	126
or seller at the motor vehicle auction owner's auction after	127
notification by the registrar of the suspension or revocation of a	128
license, or denial of an application for a license. The registrar	129
shall notify each auction owner by certified mail, return receipt	130
requested, within five business days of the suspension or	131
revocation of a license, or the denial of an application for	132
license. Any motor vehicle auction owner who has knowledge of the	133
presence at the motor vehicle auction owner's auction of a dealer	134
whose license has been suspended or revoked, or of a person whose	135
application for a license to operate as a dealer has been denied,	136
shall immediately cause the removal of the person from the	137
auction.	138

(8) Knowingly accept a motor vehicle for sale or possible	139
sale by a dealer whose license has been suspended or revoked,	140
during the period of suspension or revocation, or by a person	141
whose application for a license to operate as a dealer has been	142
denied, after notification by the registrar, in accordance with	143
division (G) of this section, of the suspension or revocation of	144
the license, or denial of an application for a license.	145

(9) Knowingly permit the auctioning of a motor vehicle whose	146
ownership is not evidenced at the time of auctioning by a current	147
certificate of title or a manufacturer's certificate of origin,	148
and all title assignments that evidence the seller's ownership of	149
the motor vehicle, without first giving clear and unequivocal	150
notice of the lack of such evidence.	151

(B) Notwithstanding any provision of Chapter 4517. of the	152
Revised Code to the contrary, a licensed motor vehicle auction	153
owner, in addition to engaging in the business of auctioning motor	154
vehicles at the auction owner's established place of business, may	155
engage in the business of auctioning a licensed motor vehicle	156
dealer's motor vehicles at that licensed motor vehicle dealer's	157
established place of business, provided such dealer's place of	158
business is not owned, operated, or in any way managed by a motor	159
vehicle auction owner or subsidiary. The motor vehicle auction	160
owner is not required to obtain an additional license for each	161
dealer's premises at which the motor vehicle auction owner is	162
engaging in the business of auctioning motor vehicles, regardless	163
of whether the dealer's premises are located in another county,	164
but the motor vehicle auction owner is required to have a	165
certified copy of the auction owner's license available for	166
inspection when the auction owner is engaging in the business of	167
auctioning motor vehicles at an established place of business of a	168
licensed motor vehicle dealer.	169

(C) Whoever violates this section is guilty of a misdemeanor	170
of the fourth degree.	171

Sec. 4740.01.  As used in this chapter:

172

(A) "License" means a license the Ohio construction industry	173
licensing board issues to an individual as a heating, ventilating,	174
and air conditioning contractor, refrigeration contractor,	175
electrical contractor, plumbing contractor, or hydronics	176
contractor.	177

(B) "Contractor" means any individual or business entity that	178
satisfies both of the following:	179

(1) For compensation, directsDirects, supervises, or has	180
responsibility for the means, method, and manner of construction,	181
improvement, renovation, repair, or maintenance on a construction	182
project with respect to one or more trades and who offers,	183
identifies, advertises, or otherwise holds out or represents that	184
the individual or business entity is permitted or qualified to	185
perform, direct, supervise, or have responsibility for the means,	186
method, and manner of construction, improvement, renovation,	187
repair, or maintenance with respect to one or more trades on a	188
construction project;	189

(2) Performs or employsotherwise supervises or directs	190
tradespersons who perform construction, improvement, renovation,	191
repair, or maintenance on a construction project with respect to	192
the contractor's trades.	193

(C) "Licensed trade" means a trade performed by a heating,	194
ventilating, and air conditioning contractor, a refrigeration	195
contractor, an electrical contractor, a plumbing contractor, or a	196
hydronics contractor.	197

(D) "Tradesperson" means anany individual who is supervised	198
or directed by a contractor or who is otherwise employed by a	199
contractor and who engages in construction, improvement,	200
renovation, repair, or maintenance of buildings or structures	201
without assuming responsibility for the means, method, or manner	202
of that construction, improvement, renovation, repair, or	203
maintenance.	204

(E) "Construction project" means a construction project	205
involving a building or structure subject to Chapter 3781. of the	206
Revised Code and the rules adopted under that chapter, but not an	207
industrialized unit or a residential building as defined in	208
section 3781.06 of the Revised Code.	209

Sec. 4740.02.  (A) There is hereby created within the	210
department of commerce, the Ohio construction industry licensing	211
board, consisting of seventeen residents of this state. The board	212
shall have an administrative section, a plumbing and hydronics	213
section, an electrical section, and a heating, ventilating, air	214
conditioning, and refrigeration section. The director of commerce	215
shall appoint all members of the board. The director or the	216
director's designee shall serve as a member of the administrative	217
section and the director shall appoint to the section to represent	218
the public, one member who is not a member of any group certified	219
by any section of the board. Each section, other than the	220
administrative section, shall annually elect a member of its	221
section to serve a one-year term on the administrative section.	222

(B) The plumbing and hydronics section consists of five	223
members, one of whom is a plumbing inspector employed by the	224
department of commerce, a municipal corporation, or a health	225
district, two of whom are plumbing contractors who have no	226
affiliation with any union representing plumbers, and two of whom	227
are plumbing contractors who are signatories to agreements with	228
unions representing plumbers.	229

The plumbing and hydronics section has primary responsibility	230
for the licensure of plumbing contractors and hydronics	231
contractors.	232

(C) The electrical section consists of five members, one of	233
whom is an electrical inspector employed by the department of	234
commerce, a municipal corporation, or a county, two of whom are	235
electrical contractors who have no affiliation with any union	236
representing electricians, and two of whom are electrical	237
contractors who are signatories to agreements with unions	238
representing electricians.	239

The electrical section has primary responsibility for the	240
licensure of electrical contractors.	241

(D) The heating, ventilating, air conditioning, and	242
refrigeration section consists of five members, one of whom is a	243
heating, ventilating, air conditioning, and refrigeration	244
inspector employed by either the department of commerce or a	245
municipal corporation; two of whom are heating, ventilating, and	246
air conditioning contractors or refrigeration contractors who have	247
no affiliation with any union representing heating, ventilating,	248
and air conditioning tradespersons or refrigeration tradespersons;	249
and two of whom are heating, ventilating, and air conditioning	250
contractors or refrigeration contractors who are signatories to	251
agreements with unions representing heating, ventilating, and air	252
conditioning tradespersons or refrigeration tradespersons.	253

The heating, ventilating, air conditioning, and refrigeration	254
section has primary responsibility for the licensure of heating,	255
ventilating, and air conditioning contractors and refrigeration	256
contractors.	257

(E) Within ninety days after July 31, 1992, initial	258
appointments shall be made to the board. Of the initial	259
appointments to the board, two appointments in each section, other	260
than the administrative section, are for terms ending one year	261
after July 31, 1992, and two are for terms ending two years after	262
July 31, 1992. All other appointments to the board are for terms	263
ending three years after July 31, 1992. Thereafter, terms of	264
office are for three years, each term ending on the same day of	265
the same month of the year as did the term that it succeeds. Each	266
member shall hold office from the date of appointment until the	267
end of the term for which the member was appointed. Members may be	268
reappointed. Vacancies shall be filled in the manner provided for	269
original appointments. Any member appointed to fill a vacancy	270
occurring prior to the expiration of the term for which the	271
member's predecessor was appointed shall hold office as a member	272
for the remainder of that term. A member shall continue in office	273
subsequent to the expiration of a term until a successor takes	274
office or until a period of sixty days has elapsed, whichever	275
occurs first.	276

(F) Before entering upon the discharge of official duties,	277
each member shall take, and file with the secretary of state, the	278
oath of office required by Section 7 of Article XV, Ohio	279
Constitution.	280

(G) Each member, except for the director or the director's	281
designee, shall receive a per diem amount fixed pursuant to	282
section 124.15 of the Revised Code when actually attending to	283
matters of the board and for the time spent in necessary travel,	284
and all actual and necessary expenses incurred in the discharge of	285
official duties.	286

(H) The director of commerce may remove any member of the	287
board the director appoints for malfeasance, misfeasance, or	288
nonfeasance.	289

(I) Membership on the board and holding any office of the	290
board does not constitute holding a public office or employment	291
within the meaning of any section of the Revised Code, or an	292
interest, either direct or indirect, in a contract or expenditure	293
of money by the state or any municipal corporation, township,	294
special district, school district, county, or other political	295
subdivision. No member or officer of the board is disqualified	296
from holding any public office or employment nor shall the officer	297
or member forfeit any public office or employment by reason of	298
holding a position as an officer or member of the board.	299

(J) The board, and each section of the board, shall meet only	300
after adequate advance notice of the meeting has been given to	301
each member of the board or section, as appropriate.	302

Sec. 4740.04.  The administrative section of the Ohio	303
construction industry licensing board is responsible for the	304
administration of this chapter and shall do all of the following:	305

(A) Schedule the contractor examinations each of the other	306
sections of the board directs. Each type of examination shall be	307
held at least four times per year.	308

(B) Select and contract with one or more persons to do all of	309
the following relative to the examinations:	310

(1) Prepare, administer, score, and maintain the	311
confidentiality of the examinations;	312

(2) Be responsible for all the expenses required to fulfill	313
division (B)(1) of this section;	314

(3) Charge an applicant a fee in an amount the	315
administrative section of the board authorizes for administering	316
the examination;	317

(4) Design the examination for each type of contractor to	318
determine an applicant's competence to perform that type of	319
contracting.	320

(C) Issue and renew licenses as follows:

321

(1) Issue a license to any individual who the appropriate	322
section of the board determines is qualified pursuant to section	323
4740.06 of the Revised Code to hold a license and has attained,	324
within the twelve months preceding the individual's application	325
for licensure, a score on the examination that the appropriate	326
section authorizes for the licensed trade.	327

(a) Each license shall include a license number and an	328
expiration date.	329

(b) Each license issued to an individual who holds more than	330
one valid license shall contain the same license number and	331
expiration date as the original license issued to that individual.	332

(2) Renew licenses for individuals who meet the renewal	333
requirements of section 4740.06 of the Revised Code.	334

(D) Make an annual written report to the director of commerce	335
on proceedings had by or before the board for the previous year	336
and make an annual statement of all money received and expended by	337
the board during the year;	338

(E) Keep a record containing the name, address, the date on	339
which the board issues or renews a license to, and the license	340
number of, every heating, ventilating, and air conditioning	341
contractor, refrigeration contractor, electrical contractor,	342
plumbing contractor, and hydronics contractor issued a license	343
pursuant to this chapter;	344

(F) Regulate a contractor's use and display of a license	345
issued pursuant to this chapter and of any information contained	346
in that license;	347

(G) Adopt rules in accordance with Chapter 119. of the	348
Revised Code as necessary to properly discharge the administrative	349
section's duties under this chapter. The rules shall include, but	350
not be limited to, the following:	351

(1) Application procedures for examinations;

352

(2) Specifications for continuing education requirements for	353
license renewal that address all of the following:	354

(a) A requirement that an individual who holds any number of	355
valid and unexpired licenses accrue a total of ten hours of	356
continuing education courses per year;	357

(b) Fees the board charges to persons who provide continuing	358
education courses, in an amount of twenty-five dollars annually	359
for each person approved to provide courses, not more than ten	360
dollars plus one dollar per credit hour for each course offered,	361
and one dollar per credit hour of instruction per attendee;	362

(c) A provision limiting approval of continuing education	363
courses to one year.	364

(3) Requirements for criminal records checks of applicants	365
under section 4776.03 of the Revised Code.	366

(H) Adopt any continuing education curriculum as the other	367
sections of the board establish or approve pursuant to division	368
(C) of section 4740.05 of the Revised Code;	369

(I) Keep a record of its proceedings and do all things	370
necessary to carry out this chapter.	371

Sec. 4740.10.  (A) The appropriate section of the Ohio	372
construction industry licensing board, upon an affirmative vote of	373
four of its members, may take any of the following actions against	374
a licensee who violates Chapter 4740. of the Revised Code:	375

(1) Impose a fine on the licensee, not exceeding one thousand	376
dollars per violation per day;	377

(2) Direct the administrative section to suspend the	378
licensee's license for a period of time the section establishes;	379

(3) Direct the administrative section to revoke the	380
licensee's license;	381

(4) Require the licensee to complete additional continuing	382
education course work. Any continuing education course work	383
completed pursuant to this division may not count toward any other	384
continuing education requirements this chapter establishes.	385

(5) Direct the administrative section to refuse to issue or	386
renew a license if the section finds that the applicant or	387
licensee has done any of the following:	388

(a) Been convicted of a misdemeanor involving moral turpitude	389
or a felony;	390

(b) Violated any provision of this chapter or the rules	391
adopted pursuant thereto;	392

(c) Obtained a license or any order, ruling, or authorization	393
of the board by fraud, misrepresentation, or deception;	394

(d) Engaged in fraud, misrepresentation, or deception in the	395
conduct of business.	396

(B) The appropriate section of the board shall determine the	397
length of time that a license is to be suspended and whether or	398
when an individual whose license has been revoked may apply for	399
reinstatement. The appropriate section of the board may accept or	400
refuse an application for reinstatement and may require an	401
examination for reinstatement.	402

(C) The appropriate section of the board may investigate any	403
alleged violation of this chapter or the rules adopted pursuant to	404
it. If, after an investigation, a section determines that any	405
person has engaged or is engaging in any practice that violates	406
this chapter or the rules adopted pursuant to it, that section may	407
apply to the court of common pleas of the county in which the	408
violation occurred or is occurring for an injunction or other	409
appropriate relief to enjoin or terminate the violation.	410

(D) Any person who wishes to make a complaint against a	411
person who holds a license shall submit the complaint in writing	412
to the appropriate section of the board within three years after	413
the date of the action or event upon which the complaint is	414
based.	415

Sec. 4740.16. (A) The appropriate section of the Ohio	416
construction industry licensing board may investigate any person	417
who allegedly has violated section 4740.13 of the Revised Code.	418
If, after an investigation pursuant to section 4740.05 of the	419
Revised Code, the appropriate section determines that reasonable	420
evidence exists that a person has violated section 4740.13 of the	421
Revised Code, within seven days after that determination, the	422
appropriate section shall send a written notice to that person in	423
the same manner as prescribed in section 119.07 of the Revised	424
Code for licensees, except that the notice shall specify that a	425
hearing will be held and specify the date, time, and place of the	426
hearing.	427

(B) The appropriate section shall hold a hearing regarding	428
the alleged violation in the same manner prescribed for an	429
adjudication hearing under section 119.09 of the Revised Code. If	430
the appropriate section, after the hearing, determines a violation	431
has occurred, the appropriate section, upon an affirmative vote of	432
four of its members, may impose a fine on the person, not	433
exceeding one thousand dollars per violation per day. The	434
appropriate section's determination is an order that the person	435
may appeal in accordance with section 119.12 of the Revised Code.	436

(C) If the person who allegedly committed a violation of	437
section 4740.13 of the Revised Code fails to appear for a hearing,	438
the appropriate section may request the court of common pleas of	439
the county where the alleged violation occurred to compel the	440
person to appear before the appropriate section for a hearing.	441

(D) If the appropriate section assesses a person a civil	442
penalty for a violation of section 4740.13 of the Revised Code and	443
the person fails to pay that civil penalty within the time period	444
prescribed by the appropriate section, the appropriate section	445
shall forward to the attorney general the name of the person and	446
the amount of the civil penalty for the purpose of collecting that	447
civil penalty. In addition to the civil penalty assessed pursuant	448
to this section, the person also shall pay any fee assessed by the	449
attorney general for collection of the civil penalty.	450

Section 2. That existing sections 3781.111, 4517.21, 4740.01,	451
4740.02, 4740.04, and 4740.10 of the Revised Code are hereby	452
repealed.	453

Section 3.  Section 3781.111 of the Revised Code is presented	454
in this act as a composite of the section as amended by both Sub.	455
H.B. 148 and Am. H.B. 264 of the 123rd General Assembly. The	456
General Assembly, applying the principle stated in division (B)	457
of section 1.52 of the Revised Code that amendments are to be	458
harmonized if reasonably capable of simultaneous operation, finds	459
that the composite is the resulting version of the section in	460
effect prior to the effective date of the section as presented in	461
this act.	462