| Section 1. That sections 4105.01, 4105.011, 4105.02, 4105.03, | 11 |
|
4105.04,
4105.07, 4105.08, 4105.09, 4105.10, 4105.11,
4105.12, | 12 |
|
4105.13, 4105.14, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, | 13 |
|
4105.21, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05,
4740.06, | 14 |
|
4740.07, 4740.12, and 4740.13 be amended and sections
4740.062 | 15 |
|
and 4740.071 of the Revised
Code be enacted to read as follows: | 16 |
| (A) "Elevator" means a hoisting and lowering apparatus | 18 |
|
equipped with a car, cage, or platform which moves on or between | 19 |
|
permanent rails or guides and serves two or more fixed landings
in | 20 |
a building or structure to which section 3781.06 of the Revised | 21 |
Code applies.
"Elevator" includes dumb-waiters other than | 22 |
|
hand-powered
dumb-waiters, escalators, belt
manlifts,
moving | 23 |
walks, of
the endless
belt type,
other lifting or lowering | 24 |
|
apparatus
permanently installed on or
between rails or guides, and | 25 |
|
all
equipment, machinery, and
construction related to any | 26 |
|
elevator;
but does not include
construction material hoists and | 27 |
|
other
similar
temporary lifting or
lowering apparatuses, ski | 28 |
lifts,
travelinga conveyor belt used for manufacturing that is | 29 |
|
located
within a larger machine,
portable amusement
rides or | 30 |
|
devices that
are not
affixed to a
permanent foundation,
or | 31 |
|
nonportable
amusement rides
or devices
that are affixed to a | 32 |
|
permanent
foundation. | 33 |
| (H) "Elevator contractor" means any sole proprietor, firm, or | 50 |
|
corporation, including any form of limited liability organization, | 51 |
|
that is engaged in the business of erecting, constructing, | 52 |
|
installing, altering, servicing, repairing, or maintaining | 53 |
|
elevators and that is licensed by the Ohio construction industry | 54 |
|
licensing board pursuant to section 4740.06 of the Revised Code. | 55 |
| (A) Formulate and adopt rules governing the design, | 63 |
|
construction, repair,
alteration, and maintenance of | 64 |
| nonresidential elevators.
Such rules shall prescribe
uniform | 65 |
|
minimum standards necessary for
the protection of the
public | 66 |
|
health and safety
and shall follow
generally
accepted | 67 |
|
engineering standards, formulae, and
practices
established and | 68 |
|
pertaining to such elevator design, construction,
repair, | 69 |
alteration, and maintenance. The board mayshall adopt existing | 70 |
|
published
standards as
well as amendments thereto subsequently | 71 |
|
published by the same
authority. | 72 |
| Application for examination as an inspector of nonresidential | 85 |
|
elevators
shall be in writing, accompanied by a fee to be | 86 |
|
established as
provided in section 4105.17 of the Revised Code, | 87 |
|
and upon a blank
to be furnished by the division, stating the | 88 |
school
education
of the applicant, a list of histhe applicant's | 89 |
employers,
histhe applicant's period of
employment, and the | 90 |
|
position held with each. An applicant shall
also submit a letter | 91 |
from one or more of histhe applicant's
previous employers | 92 |
certifying as to histhe applicant's character and experience. | 93 |
| Applications shall be rejected which contain any willful | 94 |
|
falsification or untruthful statements. An applicant, if the | 95 |
division considers histhe applicant's history and experience | 96 |
sufficient, shall be
examined by the superintendent of the | 97 |
division of industrial
compliance by a
written examination dealing | 98 |
|
with
the construction, installation, operation, maintenance, and | 99 |
|
repair of nonresidential elevators and their appurtenances, and | 100 |
the applicant
shall be accepted or rejected on the merits of his | 101 |
| the
applicant's application
and examination. | 102 |
| The superintendent shall issue a certificate of competency
in | 103 |
|
the inspection of nonresidential elevators to any applicant found | 104 |
|
competent upon
examination. A rejected applicant shall be | 105 |
|
entitled, after the
expiration of ninety days and upon payment of | 106 |
|
an examination fee
to be established as provided in section | 107 |
|
4105.17 of the Revised
Code, to another examination. Should an | 108 |
|
applicant fail to pass
the prescribed examination on second trial, | 109 |
hethe applicant
will not be
permitted to be an applicant for | 110 |
|
another examination for a period
of one year after the second | 111 |
|
examination. | 112 |
Sec. 4105.03. The superintendent of the division of | 113 |
|
industrial compliance, with the consent of the director of | 114 |
commerce,
shall hire an assistanta chief elevator inspector who | 115 |
has at least ten years of experience in
the inspection, | 116 |
|
construction, installation,
maintenance, and repair of | 117 |
| nonresidential elevators
and their appurtenances. | 118 |
| Sec. 4105.04. From the holders of certificates of competency | 127 |
|
in the
inspection of nonresidential elevators, any company that is | 128 |
|
authorized
to insure
elevators
in the state, may designate | 129 |
|
persons
to
inspect nonresidential elevators covered by such | 130 |
|
company's
policies, and the department of public safety of any | 131 |
|
city and the
clerk of any village may designate persons to inspect | 132 |
| nonresidential elevators in such city
or village. Such persons | 133 |
|
shall, upon the payment of a fee to be established
as provided in | 134 |
|
section 4105.17 of the Revised Code, have issued to them
annually | 135 |
|
by the division of industrial compliance,
commissions to serve as | 136 |
|
special inspectors of nonresidential elevators in the state. | 137 |
| Sec. 4105.09. The owner or user of any nonresidential | 147 |
|
elevator shall register, with the
division of industrial | 148 |
compliance, every nonresidential elevator operated by himthe | 149 |
|
owner or user, giving the
type, capacity, and description, name of | 150 |
|
manufacturer, and purpose for which
each is used. Such | 151 |
|
registration shall be made on a form to be furnished by
the | 152 |
|
division. | 153 |
| Every inspector of nonresidential elevators shall forward to | 173 |
|
the superintendent a full and complete report
of each inspection | 174 |
|
made of any nonresidential elevator and shall, on the day the | 175 |
|
inspection
is
completed, leave a copy of
such report with the | 176 |
owner or operator
of the nonresidential elevator, or histhe | 177 |
|
owner's or operator's agent or
representative. Such report shall | 178 |
|
indicate the exact condition of
the nonresidential
elevator and | 179 |
|
shall list any and all of the provisions of this
chapter and any | 180 |
|
rules adopted pursuant thereto, with which the nonresidential | 181 |
|
elevator
does not comply. Before attempting to enforce, by any | 182 |
|
remedy, civil or
criminal, the provisions with which the inspected | 183 |
nonresidential
elevator does not comply,
the chiefsuperintendent | 184 |
|
shall issue an
adjudication order within the meaning of Chapter | 185 |
|
119.
of the
Revised Code. If an owner or operator fails to allow | 186 |
|
an inspector
access to a nonresidential elevator for purposes of | 187 |
|
inspection,
that failure may be grounds for issuance of an | 188 |
|
adjudication order
in accordance with Chapter 119. of the Revised | 189 |
|
Code. | 190 |
| Every adjudication order shall specify what appliances, site | 196 |
|
preparations,
additions, repairs, or alterations to any | 197 |
| nonresidential elevators,
plans, materials,
assemblages, or | 198 |
|
procedures are necessary for the
same to comply with
this | 199 |
|
chapter, or any rules adopted pursuant
thereto. Such
adjudication | 200 |
|
order shall be issued pursuant to
Chapter 119. of the Revised | 201 |
|
Code and shall be effective without
prior hearing, within thirty | 202 |
|
days after
the receipt of such order,
the owner of the | 203 |
| nonresidential elevator specified therein may
appeal to the
board | 204 |
|
of building appeals under section 3781.19 of the Revised
Code. | 205 |
| Notwithstanding the provisions of Chapter 119. of the Revised | 206 |
|
Code relating to
adjudication hearings, a stenographic or | 207 |
|
mechanical record of the testimony
and other evidence submitted | 208 |
|
before the board of building appeals shall be
taken at the expense | 209 |
|
of the agency. A party adversely affected by an order
issued | 210 |
|
following such adjudication hearing may appeal to the court of | 211 |
common
pleas of the county in which hethe party is a resident or | 212 |
|
in
which the nonresidential elevator
affected by such order is | 213 |
|
located. The court
in such case shall not be
confined to the | 214 |
|
record as certified to
it by the agency, but any party may | 215 |
|
produce additional evidence
and the court shall hear the matter | 216 |
|
upon such
record and such
additional evidence as is introduced by | 217 |
|
any party. The court
shall
not affirm the order of the agency | 218 |
|
unless the preponderance of the
evidence before it supports the | 219 |
|
reasonableness and lawfulness of
such order,
and of any rules | 220 |
|
upon which the order of the agency is
based in its
application to | 221 |
|
the facts involved in the appeal. | 222 |
Sec. 4105.12. (A) The superintendent of the division of | 228 |
|
industrial
compliance
shall adopt, amend, and
repeal rules | 229 |
|
exclusively for the
issuance, renewal,
suspension,
and | 230 |
|
revocation of certificates of
competency and certificates of | 231 |
|
operation, for the conduct of
hearings related to these actions, | 232 |
|
and for
the inspection
of
nonresidential elevators. Rules | 233 |
|
concerning the inspection of
nonresidential elevators shall | 234 |
|
include the standards
governing
the inspection of nonresidential | 235 |
|
elevators. | 236 |
| Sec. 4105.13. Every nonresidential elevator shall be | 240 |
|
constructed,
equipped,
maintained, and operated, with respect to | 241 |
|
the
supporting members,
elevator car, shaftways, guides, cables, | 242 |
|
doors, and gates, safety
stops and mechanism, electrical | 243 |
|
apparatus and wiring, mechanical
apparatus, counterweights, and | 244 |
|
all other appurtenances, in
accordance with state laws and
rules | 245 |
|
as are authorized in respect
thereto. Where
reasonable safety is | 246 |
|
obtained without complying to
the literal
requirements of such | 247 |
|
rules as in cases of practical
difficulty or unnecessary hardship, | 248 |
the literal requirements of
such rules shall not be required. The | 249 |
superintendent of the
division of
industrial compliance may | 250 |
permit the installation of
vertical
wheelchair lifts
in public | 251 |
buildings to provide for
handicapped
accessibility where such | 252 |
lifts do not meet the
literal
requirements of the rules adopted | 253 |
by the board of
building
standards pursuant to section 4105.011 | 254 |
of the Revised
Code, provided that reasonable safety may be | 255 |
obtained. | 256 |
| Sec. 4105.15. No certificate of operation for any | 265 |
| nonresidential elevator
shall be issued
by the director of | 266 |
|
commerce until such nonresidential elevator
has been inspected as | 267 |
|
required by
this chapter.
Certificates of
operation shall be | 268 |
|
renewed by the
owner or user of the nonresidential
elevator
in | 269 |
accordance with
rules adopted by the superintendent of the | 270 |
division of
industrial
compliance pursuant to section 4105.12
of | 271 |
|
the Revised Code.
Certificates of operation shall be kept on the | 272 |
|
premises
where the nonresidential elevator is located and
made | 273 |
|
readily
available to
inspectors and elevator mechanics. | 274 |
Sec. 4105.16. (A) Before any new installation of ana | 275 |
|
nonresidential elevator
of
permanent nature
is erected or before | 276 |
|
any existing nonresidential
elevator is
removed to
and installed | 277 |
|
in a different
location, an elevator
contractor shall submit an | 278 |
application
of specifications in
duplicate shall be submitted to | 279 |
the divisionsuperintendent
of
industrial compliance giving such | 280 |
|
information
concerning the
construction, installation, and | 281 |
operation of saidthe nonresidential
elevator as the
division | 282 |
| superintendent may
require on forms to be furnished by
the | 283 |
divisionsuperintendent,
together with complete
construction | 284 |
|
plans in
duplicate. In all
cases where any changes or repairs
are | 285 |
|
made
which alter its
construction of classification, grade or | 286 |
|
rated
lifting capacity,
except when made pursuant to a report of | 287 |
|
an
inspector, an
application of specifications in duplicate shall | 288 |
be
submitted to
the divisionsuperintendent,
containing such | 289 |
|
information, or
approval, except in
those municipal
corporations | 290 |
|
which maintain
their own elevator
inspection departments, in
which | 291 |
|
event such
specifications shall
be submitted to the elevator | 292 |
|
department
of
the municipal
corporation for its approval, and if | 293 |
|
approved, a
permit for
the
erection or repair of such | 294 |
| nonresidential elevator
shall be
issued
by the
municipal | 295 |
|
corporation. Upon approval of
such
application
and
construction | 296 |
plans,
the
superintendent of
industrial compliance
shall issue a | 297 |
|
permit for the
erection or
repair of such nonresidential elevator. | 298 |
| A copy of the permit shall
be posted at
the work site at all | 299 |
|
times while work is in progress.
No new nonresidential
elevator | 300 |
|
shall be operated until
completion
in accordance
with the | 301 |
|
approved plans and
specifications, unless
a
temporary
permit is | 302 |
granted by the
divisionsuperintendent. | 303 |
| Sec. 4105.17. (A) The fee for
each inspection, or
attempted | 322 |
|
inspection that, due to no fault of a general inspector
or the | 323 |
|
division of
industrial compliance, is not successfully
completed, | 324 |
|
by a general
inspector
before the operation of
a
permanent new | 325 |
| nonresidential elevator prior to the issuance of a certificate of | 326 |
operation,
before operation of ana nonresidential elevator being | 327 |
put back into
service after
a repair, or as a result of the | 328 |
operation of section
4105.08 of
the Revised Code and is ana | 329 |
|
nonresidential elevator required to be
inspected
under
this | 330 |
|
chapter is
twenty dollars plus
ten dollars
for each
floor
where | 331 |
|
the nonresidential elevator stops. The
superintendent
of | 332 |
|
industrial
compliance
may assess
an additional fee of one hundred | 333 |
twenty-five
dollars
plus five
dollars for each floor
where ana | 334 |
nonresidential
elevator stops
for the
reinspection of ana | 335 |
|
nonresidential elevator when a previous
attempt to
inspect
that | 336 |
| nonresidential elevator has been unsuccessful through no
fault of | 337 |
|
a
general
inspector or the division of industrial
compliance. | 338 |
| (B) The fee for each inspection, or attempted inspection, | 339 |
|
that due to no fault of the general inspector or the division of | 340 |
|
industrial compliance, is not successfully completed by a general | 341 |
|
inspector before operation of a permanent new nonresidential | 342 |
|
escalator or nonresidential moving
walk prior to the issuance of a | 343 |
certificate of operation, before
operation of ana nonresidential | 344 |
|
escalator or nonresidential moving walk being put back in service | 345 |
|
after a repair, or as a result of the operation of section 4105.08 | 346 |
|
of the Revised Code is three hundred dollars. The superintendent | 347 |
of the division of industrial compliance may assess an additional | 348 |
fee of one hundred fifty dollars for the reinspection of ana | 349 |
|
nonresidential escalator or nonresidential moving walk when a | 350 |
|
previous attempt to inspect that nonresidential
escalator or | 351 |
| nonresidential moving walk has been unsuccessful through no fault | 352 |
|
of
the general inspector or the division of industrial compliance. | 353 |
| (C) The
fee for
issuing or renewing a
certificate of | 354 |
operation under
section
4105.15 of the Revised
Code
for ana | 355 |
|
nonresidential elevator that
is inspected every six months
in | 356 |
|
accordance with
division (A) of
section 4105.10 of the Revised | 357 |
|
Code is
two
hundred
dollars
plus ten dollars for each floor where | 358 |
|
the nonresidential
elevator stops,
except where the | 359 |
| nonresidential elevator has been inspected by a
special
inspector | 360 |
|
in accordance with section 4105.07 of the
Revised Code. | 361 |
| (D) The fee for issuing or renewing a certificate of | 362 |
operation under section 4105.05 of the Revised Code for ana | 363 |
|
nonresidential
elevator that is inspected every twelve months in | 364 |
|
accordance with
division (A) of section 4105.10 of the Revised | 365 |
|
Code is
fifty-five
dollars plus ten dollars for each floor where | 366 |
|
the nonresidential
elevator stops,
except where the | 367 |
| nonresidential elevator has been inspected by a
special
inspector | 368 |
|
in accordance with
section 4105.07 of the
Revised Code. | 369 |
(G) The
director of commerce,
subject to the
approval
of
the | 381 |
|
controlling board, may establish
fees in excess
of the fees | 382 |
|
provided in
divisions (A),
(B), (C), (D), and (E) of this | 383 |
|
section.
Any moneys
collected under
this section shall be paid | 384 |
|
into the
state
treasury
to the credit
of the industrial | 385 |
|
compliance
operating fund
created
in section
121.084 of the | 386 |
|
Revised Code. | 387 |
| (I) In addition to the
fees assessed in
divisions (A),
(B), | 393 |
|
(C), (D), and (E) of
this
section, the board of
building | 394 |
|
standards
shall assess a fee
of
three dollars and
twenty-five | 395 |
|
cents for each
certificate of
operation or renewal
thereof issued | 396 |
|
under divisions
(A), (B), (C), (D), or (E) of this
section and | 397 |
|
for each
permit
issued under section
4105.16 of the
Revised Code. | 398 |
|
The
board shall
adopt rules, in
accordance with
Chapter 119. of | 399 |
|
the
Revised Code,
specifying the
manner by which
the | 400 |
superintendent
of
industrial
compliance shall
collect
and remit | 401 |
|
to
the board the fees assessed
under this
division and
requiring | 402 |
|
that
remittance of the fees be
made at
least quarterly. | 403 |
| Sec. 4105.20. No person shall violate any law relative to | 419 |
|
the operation,
construction, maintenance, and repair of | 420 |
| nonresidential elevators. All fines collected for
violation of | 421 |
this section shall be forwarded to the superintendent of the | 422 |
division of industrial compliance, who shall pay them into the | 423 |
|
state treasury
to the credit of the industrial compliance | 424 |
|
operating fund created in section
121.084 of the Revised Code. | 425 |
Sec. 4105.21. The superintendent of the division of | 426 |
|
industrial compliance shall enforce the provisions of this chapter | 427 |
| that govern nonresidential elevators. If the superintendent or a | 428 |
general inspector of nonresidential elevators finds that ana | 429 |
|
nonresidential elevator
or a part thereof does not afford | 430 |
|
reasonable safety as required by section
4105.13 of the Revised | 431 |
|
Code, the superintendent or the general
inspector may seal such | 432 |
| nonresidential
elevator and post a notice thereon prohibiting | 433 |
further
use of thethat nonresidential elevator
until the changes | 434 |
|
or alterations set
forth in the notice have been made to the | 435 |
|
satisfaction of the
superintendent or the inspector. The notice | 436 |
|
shall contain
a
statement that operators or passengers are | 437 |
|
subject to injury by
its
continued use, a description of the | 438 |
|
alteration or other change
necessary to be
made in order to | 439 |
|
secure safety of operation, date
of such notice, name and | 440 |
|
signature of the superintendent or
inspector issuing the notice. | 441 |
| (A) "License" means a
license
the Ohio
construction industry | 449 |
|
licensing board issues to an
individual as a
heating, ventilating, | 450 |
|
and air
conditioning contractor,
refrigeration contractor, | 451 |
electrical
contractor, plumbing
contractor, or hydronics | 452 |
|
contractor, elevator contractor, or elevator
mechanic. | 453 |
| (1) For
compensation, directs, supervises, or has | 456 |
|
responsibility for the means,
method, and manner of construction, | 457 |
|
improvement,
renovation, repair, or maintenance on a construction | 458 |
|
project with respect to one or more trades
and
who
offers, | 459 |
|
identifies, advertises, or otherwise
holds out or
represents that | 460 |
|
the
individual or business entity is permitted or
qualified to
| 461 |
|
perform, direct, supervise, or have responsibility
for the means, | 462 |
|
method,
and
manner of
construction,
improvement, renovation, | 463 |
|
repair, or
maintenance with respect to one or more trades on a | 464 |
|
construction project; | 465 |
| (D) "Tradesperson" means an individual employed by a | 474 |
|
contractor who engages in
construction, improvement, renovation, | 475 |
|
repair, or maintenance of
buildings or structures without assuming | 476 |
|
responsibility for the
means, method, or manner of that | 477 |
|
construction, improvement,
renovation, repair, or maintenance. | 478 |
| "Tradesperson" does not mean an elevator
mechanic. | 479 |
| (F) "Elevator contractor" means any sole proprietor, firm, or | 485 |
|
corporation, including any form of limited liability organization, | 486 |
|
that is engaged in the business of erecting, constructing, | 487 |
|
installing, altering, servicing, repairing, or maintaining | 488 |
|
elevators. | 489 |
| Sec. 4740.02. (A) There is hereby created within the | 498 |
|
department of
commerce, the Ohio
construction industry
licensing | 499 |
board, consisting of seventeentwenty-two
residents of this state. | 500 |
|
The board
shall have an
administrative section, a plumbing | 501 |
|
section, an
electrical
section, an elevator section, and a | 502 |
|
heating, ventilating, air conditioning,
and
refrigeration section. | 503 |
|
The director of commerce shall appoint
all
members of the board. | 504 |
|
The director or
the director's
designee shall serve as a member of | 505 |
|
the
administrative section and
the director shall appoint to the
| 506 |
|
section to represent the public, one
member
who is not a member | 507 |
|
of
any group certified by any section of the board. Each section, | 508 |
|
other than the administrative section, shall annually elect a | 509 |
|
member of
its
section to serve a one-year term on the | 510 |
|
administrative section. | 511 |
| (B) The plumbing section consists of five members,
one
of | 512 |
|
whom is a plumbing inspector employed by
the department of | 513 |
|
commerce, a municipal
corporation, or a health district, two of | 514 |
|
whom are
plumbing contractors
who have no
affiliation with any | 515 |
|
union representing plumbers, and two of whom
are plumbing | 516 |
|
contractors who are
signatories to agreements with unions | 517 |
|
representing
plumbers. | 518 |
| (C) The electrical section consists of five members,
one of | 521 |
|
whom is an electrical inspector
employed by the department
of | 522 |
|
commerce, a municipal
corporation, or a county, two of
whom are | 523 |
|
electrical contractors who have no affiliation with
any union | 524 |
|
representing electricians, and two of whom are
electrical | 525 |
|
contractors who are signatories to
agreements with unions | 526 |
|
representing
electricians. | 527 |
| (D) The heating, ventilating, air conditioning, and | 530 |
|
refrigeration section consists of five members, one of whom
is a | 531 |
|
heating, ventilating, air conditioning, and
refrigeration | 532 |
|
inspector employed by either the department of commerce or a | 533 |
|
municipal corporation; two of whom are heating, ventilating,
and | 534 |
|
air conditioning contractors or refrigeration contractors
who
have | 535 |
|
no
affiliation with any union representing
heating,
ventilating, | 536 |
|
and air conditioning tradespersons or
refrigeration
tradespersons; | 537 |
|
and two of whom are heating,
ventilating, and air
conditioning | 538 |
|
contractors or refrigeration contractors who
are
signatories to | 539 |
|
agreements with
unions representing heating,
ventilating, and air | 540 |
|
conditioning
tradespersons or
refrigeration
tradespersons. | 541 |
(E) Within ninety days after July 31, 1992, initial | 546 |
appointments shall be made to the
board. Of the initial | 547 |
appointments to the
board, two appointments in each section, other | 548 |
than the
administrative section, are for terms ending one year | 549 |
after July
31, 1992, and two
are for terms ending two
years after | 550 |
July 31,
1992. All other
appointments to the board are for terms | 551 |
ending three years after
July 31, 1992.
Thereafter, termsThe | 552 |
|
elevator section consists of five members. One member shall be the | 553 |
|
superintendent of industrial compliance or a designee of the | 554 |
|
superintendent, and the director shall appoint the remaining four | 555 |
|
members. One of the appointed members shall be an elevator | 556 |
|
mechanic; one shall be a representative of a union representing | 557 |
|
elevator mechanics; one shall be
an elevator contractor who is | 558 |
|
not
affiliated with any unions
representing elevator mechanics; | 559 |
|
and
one shall be an elevator
contractor who is a signatory to | 560 |
|
agreements made with unions
representing elevator mechanics. | 561 |
| (F) Terms of
office for the members of each section other | 564 |
|
than the administrative section
are for three years, with each | 565 |
term ending on the samethirty-first day of
the same
month of the | 566 |
year as did the term that it succeedsJuly. Each
member
shall hold | 567 |
|
office from the date of appointment until the
end
of the term for | 568 |
|
which the member was appointed. Members may
be
reappointed. | 569 |
|
Vacancies shall be filled in the manner provided
for original | 570 |
|
appointments. Any member appointed to fill a
vacancy
occurring | 571 |
|
prior to the expiration of the term for
which the
member's | 572 |
|
predecessor was appointed shall hold
office as a member
for the | 573 |
|
remainder of that term. A member shall continue in
office | 574 |
|
subsequent to the expiration of
a term until a successor takes | 575 |
|
office or until a
period of sixty days
has
elapsed, whichever | 576 |
|
occurs first. | 577 |
(I)(J) Membership on the board and holding any office of the | 592 |
|
board does not constitute holding a public office or
employment | 593 |
|
within the meaning of any section of the Revised Code,
or an | 594 |
|
interest, either direct or indirect, in a contract or
expenditure | 595 |
|
of money by the state or any municipal corporation,
township, | 596 |
|
special district, school district, county, or other
political | 597 |
|
subdivision. No member or officer of the board is
disqualified | 598 |
|
from holding any public office or employment nor
shall the officer | 599 |
|
or member forfeit any public office or
employment by
reason of | 600 |
|
holding a position as an officer or
member of
the board. | 601 |
| Sec. 4740.03. (A) The administrative section of the Ohio | 605 |
|
construction industry licensing board annually shall elect from | 606 |
|
among its members a chairperson and other officers as
the board, | 607 |
|
by rule, designates. The chairperson shall preside over
meetings | 608 |
|
of
the administrative section or designate another member to | 609 |
|
preside
in the chairperson's absence. The chairperson shall not | 610 |
|
vote on matters that come before the administrative section. The | 611 |
|
administrative section
shall hold at least
two regular meetings | 612 |
|
each year, but may meet
at additional times
as specified by rule, | 613 |
|
at the call of the
chairperson,
or upon the request of two or more | 614 |
|
members. A
majority of the voting members
of the administrative | 615 |
|
section
constitutes
a quorum for the transaction of all business. | 616 |
|
The
administrative
section may not take any action without the | 617 |
|
concurrence of at
least three of its voting members. | 618 |
| (4) Design the examination for each type of contractor to | 669 |
|
determine an applicant's competence to perform that type of | 670 |
|
contracting and design the examination an individual applying for | 671 |
|
a license as an elevator mechanic must pass if the applicant, in | 672 |
|
satisfying the conditions for licensure set forth in division (D) | 673 |
|
of section 4740.06 of the Revised Code, elects to comply with | 674 |
|
divisions (D)(2)(a) and (3) of that section. | 675 |
| (E) Keep a record containing the name, address, the date
on | 693 |
|
which the board issues or renews a
license
to, and the license | 694 |
|
number of, every
heating,
ventilating, and air conditioning | 695 |
|
contractor, refrigeration
contractor, electrical contractor, | 696 |
plumbing contractor, and
hydronics contractor, elevator | 697 |
|
contractor, and elevator mechanic issued a license
pursuant
to | 698 |
|
this chapter; | 699 |
| (B) In accordance with rules they establish, the trade | 759 |
|
sections of the board shall authorize the administrative section | 760 |
|
to issue, renew, suspend, revoke, or refuse to issue or renew | 761 |
|
licenses for the classes of contractors for which each has primary | 762 |
|
responsibility as set forth in section 4740.02 of the Revised Code | 763 |
| and, with respect to the elevator section, elevator contractors | 764 |
|
and elevator mechanics. | 765 |
| (C) Each trade section of the board shall establish or | 766 |
|
approve a continuing education curriculum for license renewal for | 767 |
|
each class of contractors for which the section has primary | 768 |
|
responsibility and, with respect to the elevator section, elevator | 769 |
|
contractors, and elevator mechanics. No
curriculum may require | 770 |
|
more than five hours per year in specific
course requirements. No | 771 |
|
contractor, elevator
contractor, or elevator mechanic may be | 772 |
|
required to take more than
ten hours per year in continuing | 773 |
|
education courses. The ten hours
shall be the aggregate of hours | 774 |
|
of continuing education for all
licenses the contractor, elevator | 775 |
|
contractor,
or elevator mechanic holds. | 776 |
Sec. 4740.06. (A) AnyExcept as provided in divisions (C) and | 777 |
|
(D) of this section, any individual who applies for
a
license | 778 |
|
shall file a written
application with
the appropriate
section of | 779 |
|
the Ohio construction industry
licensing board,
accompanied with | 780 |
|
the application fee as determined pursuant to
section
4740.09 of | 781 |
|
the Revised Code. The individual shall file
the
application not | 782 |
|
more than sixty
days
nor less than
thirty days prior to the date | 783 |
|
of the
examination.
The application
shall be on the form the | 784 |
|
section prescribes and verified by the
applicant's
oath. The | 785 |
|
applicant shall provide
information satisfactory to
the
section | 786 |
|
showing that
the applicant meets the
requirements of division (B) | 787 |
|
of this
section. | 788 |
| (3) Either have been a tradesperson
in the type of
licensed | 794 |
|
trade for which the application is filed
for not less than
five | 795 |
|
years immediately prior to the date the
application is filed,
be a | 796 |
|
currently registered engineer in this state with three years of | 797 |
|
business experience in the
construction industry in the trade for | 798 |
|
which the engineer is applying to take an examination, or have | 799 |
|
other
experience acceptable to the appropriate
section of the | 800 |
|
board; | 801 |
| (C) Any individual who applies for a license as an elevator | 814 |
|
contractor shall file a written application with the elevator | 815 |
|
section of the board, accompanied by the application fee as | 816 |
|
determined pursuant to section 4740.09 of the Revised Code. The | 817 |
|
application shall be on the form the elevator section prescribes | 818 |
|
and the accuracy of the information contained in the application | 819 |
|
shall be verified by the applicant's oath. The applicant shall | 820 |
|
provide all of the following information on the form: | 821 |
| (2) The type of business entity under which the applicant is | 824 |
|
organized. If organized as a partnership, the applicant shall | 825 |
|
provide the name and residence address of each partner. If | 826 |
|
organized as a corporation, the applicant shall provide the name | 827 |
|
and business address of the corporation, the name and residence | 828 |
|
address of the principal officer of the corporation, and the name | 829 |
|
and business address of an agent located in the state who is | 830 |
|
authorized to accept service of process on behalf of the | 831 |
|
corporation. | 832 |
| (D)(1) Any individual who applies for a license as an | 842 |
|
elevator mechanic shall file a written application
with the | 843 |
|
elevator section of the board, accompanied by the
application fee | 844 |
|
as determined pursuant to section 4740.09 of the
Revised Code. | 845 |
|
The application shall be on the form the elevator
section | 846 |
|
prescribes and the accuracy of the information contained
in the | 847 |
|
application shall be verified by the applicant's oath. The | 848 |
|
application shall include all of the following information: | 849 |
| (E) When an applicant for licensure as a contractor in a | 882 |
|
licensed trade other than as an elevator
contractor or elevator | 883 |
|
mechanic meets the qualifications set
forth in
division (B) of | 884 |
|
this section and passes the required
examination,
the
appropriate | 885 |
|
section of the
board, within ninety
days after the
application | 886 |
|
was filed, shall authorize the
administrative section of the board | 887 |
|
to
license the applicant for
the
type of contractor's license for | 888 |
|
which
the applicant
qualifies. When an applicant for licensure as | 889 |
|
an elevator
contractor satisfies the qualifications set forth in | 890 |
|
division (C)
of this section, the elevator
section, within | 891 |
|
ninety days after the application was filed, shall
authorize the | 892 |
|
administrative section of the board to license the
applicant. | 893 |
|
When an applicant for licensure as an elevator mechanic satisfies | 894 |
|
the conditions set forth in division (D) of this section, the | 895 |
|
elevator section, within ninety days after the application was | 896 |
|
filed, shall authorize the administrative section of the board to | 897 |
|
issue a license to the applicant. A section of the board may | 898 |
|
withdraw its
authorization
to
the administrative section for | 899 |
|
issuance of a license for
good
cause shown, on the condition that | 900 |
|
notice of that
withdrawal is
given prior to the administrative | 901 |
|
section's
issuance of the
license. | 902 |
(D)(F) All licenses a contractor, an
elevator contractor, or | 903 |
|
an elevator mechanic holds pursuant to
this chapter shall expire | 904 |
|
annually on the same date, which shall
be the expiration date of | 905 |
|
the original license the contractor
holds. An
individual
holding | 906 |
|
a valid,
unexpired license may
renew
the license, without | 907 |
|
reexamination,
by submitting an application
to the
appropriate | 908 |
|
section of the board not more than
ninety
calendar
days before | 909 |
|
the
expiration of the license, along with the
renewal fee the | 910 |
|
section requires and proof of compliance with
the
applicable | 911 |
|
continuing
education requirements. The applicant shall
provide | 912 |
|
information in the renewal application
satisfactory to | 913 |
|
demonstrate to the appropriate section
that
the applicant | 914 |
|
continues to meet the requirements of
division (B), (C), or (D)
of | 915 |
|
this
section, as applicable. | 916 |
| Upon application and within one calendar year after a license | 917 |
|
has expired, a section may waive any of the
requirements for | 918 |
|
renewal of a license upon finding that an
applicant substantially | 919 |
|
meets the renewal requirements or
that
failure to timely apply for | 920 |
|
renewal is due to excusable
neglect.
A section that
waives | 921 |
|
requirements for renewal of a license may impose
conditions upon
| 922 |
|
the licensee and assess a late filing
fee of not more than double | 923 |
|
the usual renewal fee. An applicant shall satisfy any condition | 924 |
|
the section imposes before a license is reissued. | 925 |
| Sec. 4740.062. (A) Notwithstanding section 4740.06 of the | 938 |
|
Revised Code, in the event that the governor declares the state of | 939 |
|
Ohio to be in a state of emergency due to a natural disaster or a | 940 |
|
mass work stoppage that results in an insufficient number of | 941 |
|
licensed elevator mechanics required to safely inspect or erect, | 942 |
|
construct, install, alter, service, repair, or maintain elevators | 943 |
|
in this state, the elevator section of the Ohio construction | 944 |
|
industry licensing board shall issue temporary emergency elevator | 945 |
|
mechanic
licenses to qualified individuals. | 946 |
| (C) The elevator section shall direct the administrative | 963 |
|
section of the board to issue a temporary emergency
elevator | 964 |
|
mechanic license to an individual who completes an
application to | 965 |
|
the satisfaction of the elevator section and meets the
other | 966 |
|
requirements of division (B) of this section. The temporary | 967 |
|
emergency elevator mechanic license is valid for a period of not | 968 |
|
more than forty-five days after the date it is issued. The | 969 |
|
elevator
section may renew the temporary emergency elevator | 970 |
|
mechanic
license for an additional period of thirty days upon the | 971 |
|
license
holder's request in the event that the state of emergency | 972 |
|
is still
in effect at the time of the request. No fees shall be | 973 |
|
charged for
the issuance or renewal of a temporary emergency | 974 |
|
elevator mechanic
license under this division. | 975 |
| (D) A licensed elevator contractor shall notify the
elevator | 976 |
|
section of the licensed elevator contractor's inability to
secure | 977 |
|
a qualified workforce in the event that the licensed
elevator | 978 |
|
contractor is unable to locate available elevator
mechanics that | 979 |
|
hold licenses issued pursuant to section 4740.06 of the Revised | 980 |
|
Code. If the
elevator section determines that there is a shortage | 981 |
|
of elevator
mechanics who hold licenses, the elevator section | 982 |
|
shall direct the administrative section to issue a temporary | 983 |
|
elevator mechanic license to an individual
who completes an | 984 |
|
application to the satisfaction of the elevator section
and meets | 985 |
|
the other requirements of division (B) of this section.
The | 986 |
|
temporary elevator mechanic license is valid for a period of
not | 987 |
|
more than one year after the date it is issued and remains
valid | 988 |
|
only while a licensed elevator contractor employs the
temporary | 989 |
|
license holder. The elevator section may renew the
temporary | 990 |
|
elevator mechanic license on an annual basis upon the license | 991 |
|
holder's request in the event that
the elevator section | 992 |
|
determines that there continues to be a
shortage of elevator | 993 |
|
mechanics who hold licenses
at the time of
the request. If the | 994 |
|
elevator section determines that a shortage of elevator mechanics | 995 |
|
no longer exists and an individual licensed pursuant to this | 996 |
|
division wishes to continue providing services as an elevator | 997 |
|
mechanic, the individual shall apply for a license under division | 998 |
|
(D) of section 4740.06 of the Revised Code. The elevator section | 999 |
|
shall
determine the fees for
the initial issuance of a temporary | 1000 |
|
elevator mechanic license and
the renewal fee for that license in | 1001 |
|
accordance with section
4740.09 of the Revised
Code. | 1002 |
(B) AnyExcept for an individual who applies for or holds a | 1008 |
|
license as an elevator mechanic, temporary emergency elevator | 1009 |
|
mechanic, or a temporary elevator mechanic issued
by the board | 1010 |
|
pursuant to
section 4740.06 or 4740.062 of the Revised Code, any | 1011 |
|
individual may request,
at the time of applying
for
a
license or | 1012 |
|
at any time thereafter,
that the individual's
license be
assigned | 1013 |
|
to
a business
entity
with whom the individual
is associated as a | 1014 |
|
full-time
officer,
proprietor, partner, or
employee. If the | 1015 |
|
individual is
issued or
holds a license and
meets the
requirements | 1016 |
|
of
this section for
the assignment of
the
license to a business | 1017 |
|
entity, the
administrative section shall
assign the license to and | 1018 |
|
issue
a
license in the
name of
the
business entity. The license | 1019 |
|
assigned
and
issued to a business
entity under this division | 1020 |
|
shall
state
the
name and position of
the individual who assigned | 1021 |
|
the
license
to the business entity. | 1022 |
| (D)(1) If an individual who assigned a
license to a
business | 1029 |
|
entity
ceases to be associated with the business entity
for any | 1030 |
|
reason, including the death of the
individual,
the individual or | 1031 |
|
business entity immediately
shall
notify the appropriate section | 1032 |
|
of the board of the date on which
the individual ceased to be | 1033 |
|
associated
with the business entity. A
license assigned to
a | 1034 |
|
business entity is invalid ninety calendar days after
the
date on | 1035 |
|
which the individual who assigned the license
ceases
to be | 1036 |
|
associated with the business entity or at an earlier time to which | 1037 |
|
the business entity and the individual agree. | 1038 |
| Sec. 4740.071. No elevator contractor licensed under section | 1068 |
|
4740.06 or 4740.08 of the Revised Code shall use the elevator | 1069 |
|
contractor's liability insurance policy to cover an elevator | 1070 |
|
mechanic who erects, constructs, installs, alters, services, | 1071 |
|
repairs, or maintains an elevator unless the elevator mechanic is | 1072 |
|
performing those activities as an employee of the elevator | 1073 |
|
contractor. | 1074 |
| Sec. 4740.12. (A) No political subdivision, district, or | 1075 |
|
agency of the state may adopt an ordinance or rule that requires | 1076 |
|
contractor registration and the assessment of a registration or | 1077 |
|
license fee unless that ordinance or rule also requires any | 1078 |
|
contractor, elevator contractor, or elevator
mechanic who | 1079 |
|
registers and pays the registration or license fee to
be licensed | 1080 |
|
in the contractor's trade or as an elevator contractor or elevator | 1081 |
|
mechanic pursuant to this
chapter. | 1082 |
| (D) A person is not an electrical contractor subject to | 1117 |
|
licensure under this chapter for work that is limited to the | 1118 |
|
construction, improvement, renovation, repair, testing, or | 1119 |
|
maintenance of the following systems using less than fifty volts | 1120 |
|
of electricity: fire alarm or burglar alarm, cabling, tele-data | 1121 |
|
sound, communication, and landscape lighting and irrigation. | 1122 |
| Section 2. That existing sections 4105.01, 4105.011, 4105.02, | 1126 |
|
4105.03, 4105.04, 4105.07, 4105.08, 4105.09, 4105.10,
4105.11, | 1127 |
|
4105.12, 4105.13, 4105.14, 4105.15, 4105.16,
4105.17,
4105.191, | 1128 |
|
4105.20, 4105.21, 4740.01, 4740.02, 4740.03,
4740.04, 4740.05, | 1129 |
|
4740.06, 4740.07, 4740.12, and 4740.13 of the
Revised Code are | 1130 |
|
hereby
repealed. | 1131 |
| Section 4. Within ninety days after the effective date of | 1135 |
|
this act, the director of commerce shall appoint members to the | 1136 |
|
elevator section of the Ohio construction industry licensing board | 1137 |
|
created in section 4740.02 of the Revised Code as amended by this | 1138 |
|
act. One of the members shall be appointed to a term that ends | 1139 |
|
July 31, 2009, one member shall be appointed to a term that ends | 1140 |
|
July 31, 2010, and the remaining members of the elevator section | 1141 |
|
shall be appointed to terms that end July 31, 2011. Thereafter, | 1142 |
|
terms of office for the members of the elevator section shall be | 1143 |
|
in accordance with section 4740.02 of the Revised Code as amended | 1144 |
|
by this act. | 1145 |
| Section 5. (A) Notwithstanding sections 4740.06 and 4740.13 | 1146 |
|
of the
Revised
Code, as amended by this act, any person who, not | 1147 |
|
later
than one
year after the effective date of this act, makes | 1148 |
|
an
application to
the Elevator Section of the Ohio Construction | 1149 |
|
Industry Licensing Board on a form provided by
the Elevator | 1150 |
|
Section and who submits proof satisfactory to the
Elevator | 1151 |
|
Section that the applicant meets both of the following | 1152 |
|
requirements, may receive a license as an
elevator mechanic | 1153 |
|
without examination: | 1154 |