As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 385


Representatives Stewart, Foley 

Cosponsors: Representatives Domenick, Hagan, Harris, Murray, Okey, Williams, B., Yuko 



A BILL
To amend sections 4105.01, 4105.011, 4105.02, 1
4105.03, 4105.04, 4105.07 to 4105.17, 4105.191, 2
4105.20, 4105.21, 4740.01, 4740.02, 4740.04 to 3
4740.07, 4740.12, and 4740.13 and to enact 4
sections 4740.062 and 4740.071 of the Revised 5
Code to create the Elevator Section of the Ohio 6
Construction Industry Licensing Board, to require 7
licensure of elevator contractors and elevator 8
mechanics, and to make changes to the laws 9
governing elevator servicing and inspections.10


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

       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, 4740.04, 4740.05, 4740.06, 4740.07, 14
4740.12, and 4740.13 be amended and sections 4740.062 and 15
4740.071 of the Revised Code be enacted to read as follows:16

       Sec. 4105.01.  As used in this chapter:17

       (A) "Elevator" means a hoisting and lowering apparatus18
equipped with a car, cage, or platform which moves on or between19
permanent rails or guides and serves two or more fixed landings in20
a building or structure to which section 3781.06 of the Revised21
Code applies. "Elevator" includes dumb-waiters other than22
hand-powered dumb-waiters, escalators, belt manlifts, moving 23
walks, of the endless belt type, other lifting or lowering24
apparatus permanently installed on or between rails or guides, and25
all equipment, machinery, and construction related to any26
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 a32
permanent foundation.33

       (B) "Passenger elevator" means an elevator that is designed34
to carry persons to its contract capacity.35

       (C) "Freight elevator" means an elevator normally used for36
carrying freight and on which only the operator and employees in37
the pursuit of their duties, by the permission of the employer,38
are allowed to ride.39

       (D) "Gravity elevator" means an elevator utilizing gravity to 40
move.41

       (E) "General inspector" means a state inspector examined and 42
hired to inspect nonresidential elevators and lifting apparatus 43
for that state.44

       (F) "Special inspector" means an inspector examined and 45
commissioned by the superintendent of the division of industrial46
compliance to inspect nonresidential elevators and lifting 47
apparatus in the state.48

       (G) "Inspector" means either a general or special inspector.49

       (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

       (I) "Nonresidential elevator" means an elevator located 56
within a nonresidential building.57

       (J) "Nonresidential building" has the same meaning as in 58
section 3781.06 of the Revised Code.59

       Sec. 4105.011. The board of building standards, established 60
by section 3781.07 of the Revised Code, shall do all of the 61
following:62

       (A) Formulate and adopt rules governing the design, 63
construction, repair, alteration, and maintenance of 64
nonresidential elevators. Such rules shall prescribe uniform65
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

       (B) Prescribe the tests that shall be used to ascertain the 73
qualities of materials used in the construction, repair, or 74
alteration of elevators;75

       (C) Make a standard form of certificate of inspection;76

       (D) Prescribe the examinations for certificates of 77
competency provided for in section 4105.02 of the Revised Code;78

       (C) Adopt other rules in accordance with Chapter 119. of the 79
Revised Code necessary to carry out this chapter.80

       Sec. 4105.02.  No person may act, either as a general81
inspector or as a special inspector, of nonresidential elevators, 82
unless hethe person holds a certificate of competency from the 83
division of industrial compliance.84

       Application for examination as an inspector of nonresidential85
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's89
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 employers92
certifying as to histhe applicant's character and experience.93

       Applications shall be rejected which contain any willful94
falsification or untruthful statements. An applicant, if the95
division considers histhe applicant's history and experience96
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, and99
repair of nonresidential elevators and their appurtenances, and 100
the applicant shall be accepted or rejected on the merits of his101
the applicant's application and examination.102

       The superintendent shall issue a certificate of competency in103
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 of113
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

       The superintendent, with the consent of the director of 119
commerce, and in compliance with Chapter 124. of the Revised Code, 120
may appoint and hire general inspectors of nonresidential121
elevators from the holders of certificates of competency.122

       The superintendent and each general inspector may enter any 123
nonresidential building or room within that building during all 124
reasonable hours to perform an examination or inspection of a 125
nonresidential elevator.126

       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 such130
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 as136
special inspectors of nonresidential elevators in the state.137

       Sec. 4105.07.  If ana nonresidential elevator is insured by 138
a company authorized to insure elevators in the state, the 139
inspection may be made by a special inspector of such company, and 140
the only fee collectible by the state shall be the certificate fee 141
provided for in section 4105.17 of the Revised Code.142

       Sec. 4105.08.  If ana nonresidential elevator is not 143
inspected by a special inspector, the inspection shall be made by 144
a general inspector, and for each inspection there shall be a fee 145
charged as provided in section 4105.17 of the Revised Code.146

       Sec. 4105.09.  The owner or user of any nonresidential147
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

       Sec. 4105.10. (A) Every passenger elevator, escalator, moving 154
walk, and freight elevator, including gravity elevators, that is 155
located in a nonresidential building shall be inspected twice 156
every twelve months.157

       (B) Power dumb-waiters, hoists, and other lifting or lowering 158
apparatus, not designed to carry persons, permanently installed, 159
either on or between rails or guides, and located in a 160
nonresidential building, shall be inspected at least once every 161
twelve months.162

       (C) The board of building standards may designate by rule,163
classifications of passenger elevators with a capacity of seven164
hundred fifty pounds or less that shall be inspected once every165
twelve months.166

       Sec. 4105.11.  The inspection of nonresidential elevators 167
shall be made by the inspectors authorized in sections 4105.03 and 168
4105.04 of the Revised Code, under the supervision of the 169
superintendent of the division of industrial compliance, and the 170
superintendent shall enforce this chapter and any rules adopted171
pursuant thereto.172

       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 histhe177
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 any180
rules adopted pursuant thereto, with which the nonresidential181
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 chiefsuperintendent184
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

       The approval of construction plans, or an application of 191
specifications under section 4105.16 of the Revised Code is a 192
license, and the failure to approve such plans or specifications 193
by the chiefsuperintendent within sixty days after they are filed 194
is an adjudication order denying the issuance of a license.195

       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 Revised201
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 may215
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

       Failure to comply with the requirements of any order issued 223
pursuant to this section or the continued operation of any 224
nonresidential elevator after it has been sealed pursuant to 225
section 4105.21 of the Revised Code is hereby declared a public226
nuisance.227

       Sec. 4105.12.  (A) The superintendent of the division of228
industrial compliance shall adopt, amend, and repeal rules 229
exclusively for the issuance, renewal, suspension, and 230
revocation of certificates of competency and certificates of231
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

       (B) Notwithstanding division (A) of this section, the237
superintendent shall not adopt rules relating to construction,238
maintenance, and repair of nonresidential elevators.239

       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, electrical243
apparatus and wiring, mechanical apparatus, counterweights, and244
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. 4105.14.  Any person, firm, or corporation operating a 257
passenger elevator located in a nonresidential building shall 258
provide a seat for the use of the operator of such elevator.259

       Any person, firm, or corporation operating a passenger 260
elevator located in a nonresidential building may regulate the use 261
of such seats by the operator. At no time shall a person operating 262
a passenger elevator be compelled to stand a longer period of time 263
than two consecutive hours in any working day.264

       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 as267
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 an278
application of specifications in duplicate shall be submitted to279
the divisionsuperintendent of industrial compliance giving such 280
information concerning the construction, installation, and 281
operation of saidthe nonresidential elevator as the division282
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 municipal295
corporation. Upon approval of such application and construction 296
plans, the superintendent of industrial compliance shall issue a297
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

       (B) The final inspection, before operation, of a permanent, 304
new, or repaired nonresidential elevator shall be made by a 305
general inspector or a special inspector designated by the 306
superintendent.307

       (C) The superintendent may revoke a permit issued under 308
division (A) of this section for any of the following reasons:309

       (1) When any false statement or misrepresentation as to a 310
material fact is made regarding the application, plans, or 311
specifications on which the permit is based;312

       (2) When the permit is issued in error and should not have 313
been issued in accordance with this chapter;314

       (3) When the work detailed under the permit is not being 315
performed in accordance with the provisions of the application, 316
plans, or specifications, or within the conditions of the permit;317

       (4) When the elevator contractor to whom the permit is issued 318
fails or refuses to comply with the requirements of a notice 319
related to a sealed nonresidential elevator under section 4105.21 320
of the Revised Code.321

       Sec. 4105.17.  (A) The fee for each inspection, or attempted322
inspection that, due to no fault of a general inspector or the323
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 of326
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 this330
chapter is twenty dollars plus ten dollars for each floor where331
the nonresidential elevator stops. The superintendent of332
industrial compliance may assess an additional fee of one hundred333
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 of340
industrial compliance, is not successfully completed by a general341
inspector before operation of a permanent new nonresidential342
escalator or nonresidential moving walk prior to the issuance of a 343
certificate of operation, before operation of ana nonresidential344
escalator or nonresidential moving walk being put back in service345
after a repair, or as a result of the operation of section 4105.08346
of the Revised Code is three hundred dollars. The superintendent347
of the division of industrial compliance may assess an additional348
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 of354
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 of362
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)(B) 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

       (E) The fee for issuing or renewing a certificate of370
operation under section 4105.15 of the Revised Code for ana 371
nonresidential escalator or a nonresidential moving walk is three 372
hundred dollars, except where the nonresidential escalator or 373
nonresidential moving walk has been inspected by a special374
inspector in accordance section 4105.07 of the Revised Code.375

       (F) All other fees to be charged for any examination given or 376
other service performed by the division of industrial compliance 377
pursuant to this chapter shall be prescribed by the director of 378
commerce. The fees shall be reasonably related to the costs of 379
such examination or other service.380

       (G) The director of commerce, subject to the approval of the 381
controlling board, may establish fees in excess of the fees382
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

       (H) Any person who fails to pay an inspection fee required388
for any inspection conducted by the division pursuant to this389
chapter within forty-five days after the inspection is conducted390
shall pay a late payment fee equal to twenty-five per cent of the391
inspection fee.392

       (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

       (J) For purposes of this section:404

       (1) "EscalatorNonresidential escalator" means a power 405
driven, inclined, continuous stairway used for raising or lowering 406
passengers that is located in a nonresidential building.407

       (2) "MovingNonresidential moving walk" means a passenger 408
carrying device on which passengers stand or walk, with a 409
passenger carrying surface that is uninterrupted and remains 410
parallel to its direction of motion that is located in a 411
nonresidential building.412

       Sec. 4105.191.  Any person owning or operating any 413
nonresidential elevator subject to this chapter shall file a 414
written report with the superintendent of the division of 415
industrial compliance within seventy-two hours after the416
occurrence of any accident involving such nonresidential elevator 417
which results in death or bodily injury to any person.418

       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 the422
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 of426
industrial compliance shall enforce the provisions of this chapter 427
that govern nonresidential elevators. If the superintendent or a428
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 the435
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 and440
signature of the superintendent or inspector issuing the notice.441

       If an owner or an operator of a nonresidential elevator fails 442
to provide access to the superintendent or a general inspector to 443
that nonresidential elevator, that failure may be considered 444
grounds to determine that that nonresidential elevator does not 445
afford reasonable safety as required by section 4105.13 of the 446
Revised Code.447

       Sec. 4740.01.  As used in this chapter:448

       (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

       (B) "Contractor" means any individual or business entity that 454
satisfies both of the following:455

       (1) Directs, supervises, or has responsibility for the means,456
method, and manner of construction, improvement, renovation, 457
repair, or maintenance on a construction project with respect to 458
one or more trades and who offers, identifies, advertises, or 459
otherwise holds out or represents that the individual or business 460
entity is permitted or qualified to perform, direct, supervise, or 461
have responsibility for the means, method, and manner of 462
construction, improvement, renovation, repair, or maintenance 463
with respect to one or more trades on a construction project;464

       (2) Performs or otherwise supervises or directs 465
tradespersons who perform construction, improvement, renovation, 466
repair, or maintenance on a construction project with respect to 467
the contractor's trades.468

       (C) "Licensed trade" means a trade performed by a heating, 469
ventilating, and air conditioning contractor, a refrigeration 470
contractor, an electrical contractor, a plumbing contractor, or a 471
hydronics contractor, an elevator contractor, or an elevator 472
mechanic.473

       (D) "Tradesperson" means any individual who is supervised or 474
directed by a contractor or who is otherwise employed by a 475
contractor and who engages in construction, improvement, 476
renovation, repair, or maintenance of buildings or structures 477
without assuming responsibility for the means, method, or manner 478
of that construction, improvement, renovation, repair, or 479
maintenance. "Tradesperson" does not mean elevator mechanic.480

       (E) "Construction project" means a construction project481
involving a building or structure subject to Chapter 3781. of the 482
Revised Code and the rules adopted under that chapter, but not an 483
industrialized unit or a residential building as defined in 484
section 3781.06 of the Revised Code.485

       (F) "Elevator contractor" means any sole proprietor, firm, or 486
corporation, including any form of limited liability organization, 487
that is engaged in the business of erecting, constructing, 488
installing, altering, servicing, repairing, or maintaining 489
elevators.490

       (G) "Elevator mechanic" means any individual who is engaged 491
in erecting, constructing, installing, altering, servicing, 492
repairing, or maintaining elevators.493

       (H) "Elevator helper or apprentice" means an individual who 494
works under the general direction of an elevator mechanic 495
licensed under section 4740.06 of the Revised Code.496

       (I) "Elevator" has the same meaning as in section 4105.01 of 497
the Revised Code.498

       Sec. 4740.02.  (A) There is hereby created within the499
department of commerce, the Ohio construction industry licensing 500
board, consisting of seventeentwenty-two residents of this state. 501
The board shall have an administrative section, a plumbing and 502
hydronics section, an electrical section, an elevator section,503
and a heating, ventilating, air conditioning, and refrigeration 504
section. The director of commerce shall appoint all members of 505
the board. The director or the director's designee shall serve as 506
a member of the administrative section and the director shall 507
appoint to the section to represent the public, one member who 508
is not a member of any group certified by any section of the 509
board. Each section, other than the administrative section, shall 510
annually elect a member of its section to serve a one-year term on 511
the administrative section.512

       (B) The plumbing and hydronics section consists of five 513
members, one of whom is a plumbing inspector employed by the 514
department of commerce, a municipal corporation, or a health 515
district, two of whom are plumbing contractors who have no516
affiliation with any union representing plumbers, and two of whom517
are plumbing contractors who are signatories to agreements with 518
unions representing plumbers.519

       The plumbing and hydronics section has primary responsibility 520
for the licensure of plumbing contractors and hydronics 521
contractors.522

       (C) The electrical section consists of five members, one of 523
whom is an electrical inspector employed by the department of 524
commerce, a municipal corporation, or a county, two of whom are525
electrical contractors who have no affiliation with any union526
representing electricians, and two of whom are electrical527
contractors who are signatories to agreements with unions528
representing electricians.529

        The electrical section has primary responsibility for the 530
licensure of electrical contractors.531

       (D) The heating, ventilating, air conditioning, and532
refrigeration section consists of five members, one of whom is a 533
heating, ventilating, air conditioning, and refrigeration534
inspector employed by either the department of commerce or a535
municipal corporation; two of whom are heating, ventilating, and536
air conditioning contractors or refrigeration contractors who have 537
no affiliation with any union representing heating, ventilating, 538
and air conditioning tradespersons or refrigeration tradespersons; 539
and two of whom are heating, ventilating, and air conditioning 540
contractors or refrigeration contractors who are signatories to 541
agreements with unions representing heating, ventilating, and air 542
conditioning tradespersons or refrigeration tradespersons.543

        The heating, ventilating, air conditioning, and refrigeration 544
section has primary responsibility for the licensure of heating, 545
ventilating, and air conditioning contractors and refrigeration 546
contractors.547

       (E) Within ninety days after July 31, 1992, initial548
appointments shall be made to the board. Of the initial549
appointments to the board, two appointments in each section, other550
than the administrative section, are for terms ending one year551
after July 31, 1992, and two are for terms ending two years after552
July 31, 1992. All other appointments to the board are for terms553
ending three years after July 31, 1992. Thereafter, termsThe 554
elevator section consists of five members. One member shall be the 555
superintendent of industrial compliance or a designee of the 556
superintendent, and the director shall appoint the remaining four 557
members. One of the appointed members shall be an elevator 558
mechanic; one shall be a representative of a union representing 559
elevator mechanics; one shall be an elevator contractor who is 560
not affiliated with any unions representing elevator mechanics; 561
and one shall be an elevator contractor who is a signatory to 562
agreements made with unions representing elevator mechanics.563

       The elevator section has primary responsibility for the 564
licensure of elevator contractors and elevator mechanics.565

       (F) Terms of office for the members of each section other 566
than the administrative section are for three years, with each 567
term ending on the samethirty-first day of the same month of the 568
year as did the term that it succeedsJuly. Each member shall hold 569
office from the date of appointment until the end of the term for 570
which the member was appointed. Members may be reappointed. 571
Vacancies shall be filled in the manner provided for original 572
appointments. Any member appointed to fill a vacancy occurring 573
prior to the expiration of the term for which the member's 574
predecessor was appointed shall hold office as a member for the 575
remainder of that term. A member shall continue in office576
subsequent to the expiration of a term until a successor takes 577
office or until a period of sixty days has elapsed, whichever 578
occurs first.579

       (F)(G) Before entering upon the discharge of official duties,580
each member shall take, and file with the secretary of state, the581
oath of office required by Section 7 of Article XV, Ohio582
Constitution.583

       (G)(H) Each member, except for the director or the director's 584
designee or the superintendent or the superintendent's designee,585
shall receive a per diem amount fixed pursuant to section 124.15586
of the Revised Code when actually attending to matters of the587
board and for the time spent in necessary travel, and all actual588
and necessary expenses incurred in the discharge of official589
duties.590

       (H)(I) The director of commerce may remove any member of the591
board the director appoints for malfeasance, misfeasance, or592
nonfeasance.593

       (I)(J) Membership on the board and holding any office of the594
board does not constitute holding a public office or employment 595
within the meaning of any section of the Revised Code, or an 596
interest, either direct or indirect, in a contract or expenditure 597
of money by the state or any municipal corporation, township, 598
special district, school district, county, or other political 599
subdivision. No member or officer of the board is disqualified 600
from holding any public office or employment nor shall the officer 601
or member forfeit any public office or employment by reason of 602
holding a position as an officer or member of the board.603

       (J)(K) The board, and each section of the board, shall meet604
only after adequate advance notice of the meeting has been given605
to each member of the board or section, as appropriate.606

       Sec. 4740.04.  The administrative section of the Ohio607
construction industry licensing board is responsible for the608
administration of this chapter and shall do all of the following:609

       (A) Schedule the contractor examinations each of the other 610
sections of the board directs. Each type of examination shall be 611
held at least four times per year.612

       (B) Select and contract with one or more persons to do all of613
the following relative to the examinations:614

       (1) Prepare, administer, score, and maintain the615
confidentiality of the examinations;616

       (2) Be responsible for all the expenses required to fulfill617
division (B)(1) of this section;618

       (3) Charge an applicant a fee in an amount the 619
administrative section of the board authorizes for administering 620
the examination;621

       (4) Design the examination for each type of contractor to622
determine an applicant's competence to perform that type of623
contracting and design the examination an individual applying for 624
a license as an elevator mechanic must pass if the applicant, in 625
satisfying the conditions for licensure set forth in division (D) 626
of section 4740.06 of the Revised Code, elects to comply with 627
divisions (D)(2)(a) and (3) of that section.628

       (C) Issue and renew licenses as follows:629

       (1) Issue a license to any individual who the appropriate 630
section of the board determines is qualified pursuant to section 631
4740.06 or 4740.062 of the Revised Code to hold a license and has 632
attained, within the twelve months preceding the individual's 633
application for licensure, a score on the examination that the 634
appropriate section authorizes for the licensed trade, as 635
applicable.636

       (a) Each license shall include a license number and an 637
expiration date.638

       (b) Each license issued to an individual who holds more than 639
one valid license shall contain the same license number and 640
expiration date as the original license issued to that individual.641

       (2) Renew licenses for individuals who meet the renewal 642
requirements of section 4740.06 or 4740.062 of the Revised Code.643

       (D) Make an annual written report to the director of commerce 644
on proceedings had by or before the board for the previous year 645
and make an annual statement of all money received and expended by 646
the board during the year;647

       (E) Keep a record containing the name, address, the date on648
which the board issues or renews a license to, and the license649
number of, every heating, ventilating, and air conditioning650
contractor, refrigeration contractor, electrical contractor,651
plumbing contractor, and hydronics contractor, elevator 652
contractor, and elevator mechanic issued a license pursuant to 653
this chapter;654

       (F) Regulate a contractor's, elevator contractor's, or 655
elevator mechanic's use and display of a license issued pursuant 656
to this chapter and of any information contained in that license;657

       (G) Adopt rules in accordance with Chapter 119. of the658
Revised Code as necessary to properly discharge the administrative659
section's duties under this chapter. The rules shall include, but 660
not be limited to, the following:661

       (1) Application procedures for examinations;662

       (2) Specifications for continuing education requirements for 663
license renewal that address all of the following:664

       (a) A requirement that an individual who holds any number of 665
valid and unexpired licenses accrue a total of ten hours of 666
continuing education courses per year;667

       (b) Fees the board charges to persons who provide continuing 668
education courses, in an amount of twenty-five dollars annually 669
for each person approved to provide courses, not more than ten 670
dollars plus one dollar per credit hour for each course offered, 671
and one dollar per credit hour of instruction per attendee;672

       (c) A provision limiting approval of continuing education 673
courses to one year.674

       (3) Requirements for criminal records checks of applicants 675
under section 4776.03 of the Revised Code.676

       (H) Adopt any continuing education curriculum as the other 677
sections of the board establish or approve pursuant to division 678
(C) of section 4740.05 of the Revised Code;679

        (I) Keep a record of its proceedings and do all things680
necessary to carry out this chapter.681

       Sec. 4740.05.  (A) Each section of the Ohio construction 682
industry licensing board, other than the administrative section, 683
shall do all of the following:684

       (1) Adopt rules in accordance with Chapter 119. of the685
Revised Code that are limited to the following:686

       (a) Criteria for the section to use in evaluating the 687
qualifications of an individual;688

       (b) Criteria for the section to use in deciding whether to 689
authorize the administrative section to issue, renew, suspend, 690
revoke, or refuse to issue or renew a license;691

        (c) The determinations and approvals the section makes under 692
the reciprocity provision of section 4740.08 of the Revised Code;693

       (d) Criteria for continuing education courses conducted 694
pursuant to this chapter;695

       (e) A requirement that persons seeking approval to provide 696
continuing education courses submit the required information to 697
the appropriate section of the board at least thirty days, but not 698
more than one year, prior to the date on which the course is 699
proposed to be offered;700

       (f) A prohibition against any person providing a continuing 701
education course unless the administrative section of the board 702
approved that person not more than one year prior to the date the 703
course is offered.704

       (2) Investigate allegations in reference to violations of705
this chapter and the rules adopted pursuant to it that pertain to 706
the section and determine by rule a procedure to conduct 707
investigations and hearings on these allegations;708

       (3) Maintain a record of its proceedings;709

       (4) Grant approval to a person to offer continuing education 710
courses pursuant to rules the board adopts;711

        (5) As required, do all things necessary to carry out this712
chapter.713

       (B) In accordance with rules they establish, the trade 714
sections of the board shall authorize the administrative section 715
to issue, renew, suspend, revoke, or refuse to issue or renew 716
licenses for the classes of contractors for which each has primary 717
responsibility as set forth in section 4740.02 of the Revised Code 718
and, with respect to the elevator section, elevator contractors 719
and elevator mechanics.720

       (C) Each trade section of the board shall establish or 721
approve a continuing education curriculum for license renewal for 722
each class of contractors for which the section has primary 723
responsibility and, with respect to the elevator section, elevator 724
contractors, and elevator mechanics. No curriculum may require 725
more than five hours per year in specific course requirements. No 726
contractor, elevator contractor, or elevator mechanic may be 727
required to take more than ten hours per year in continuing 728
education courses. The ten hours shall be the aggregate of hours 729
of continuing education for all licenses the contractor, elevator 730
contractor, or elevator mechanic holds.731

       Sec. 4740.06. (A) AnyExcept as provided in divisions (C) and 732
(D) of this section, any individual who applies for a license733
shall file a written application with the appropriate section of734
the Ohio construction industry licensing board, accompanied with735
the application fee as determined pursuant to section 4740.09 of736
the Revised Code. The individual shall file the application not 737
more than sixty days nor less than thirty days prior to the date 738
of the examination. The application shall be on the form the 739
section prescribes and verified by the applicant's oath. The 740
applicant shall provide information satisfactory to the section 741
showing that the applicant meets the requirements of division (B) 742
of this section.743

       (B) To qualify to take an examination, an individual shall:744

       (1) Be at least eighteen years of age;745

       (2) Be a United States citizen or legal alien who produces 746
valid documentation to demonstrate the individual is a legal 747
resident of the United States;748

       (3) Either have been a tradesperson in the type of licensed 749
trade for which the application is filed for not less than five 750
years immediately prior to the date the application is filed, be a 751
currently registered engineer in this state with three years of752
business experience in the construction industry in the trade for 753
which the engineer is applying to take an examination, or have 754
other experience acceptable to the appropriate section of the 755
board;756

       (4) Maintain contractor's liability insurance, including757
without limitation, complete operations coverage, in an amount the 758
appropriate section of the board determines;759

       (5) Not have done any of the following:760

       (a) Been convicted of or pleaded guilty to a misdemeanor761
involving moral turpitude or of any felony;762

       (b) Violated this chapter or any rule adopted pursuant to it;763

       (c) Obtained or renewed a license issued pursuant to this764
chapter, or any order, ruling, or authorization of the board or a765
section of the board by fraud, misrepresentation, or deception;766

       (d) Engaged in fraud, misrepresentation, or deception in the767
conduct of business.768

       (C) Any individual who applies for a license as an elevator 769
contractor shall file a written application with the elevator 770
section of the board, accompanied by the application fee as 771
determined pursuant to section 4740.09 of the Revised Code. The 772
application shall be on the form the elevator section prescribes 773
and the accuracy of the information contained in the application 774
shall be verified by the applicant's oath. The applicant shall 775
provide all of the following information on the form:776

       (1) The name, residence address, and primary business address 777
of the applicant;778

       (2) The type of business entity under which the applicant is 779
organized. If organized as a partnership, the applicant shall 780
provide the name and residence address of each partner. If 781
organized as a corporation, the applicant shall provide the name 782
and business address of the corporation, the name and residence 783
address of the principal officer of the corporation, and the name 784
and business address of an agent located in the state who is 785
authorized to accept service of process on behalf of the 786
corporation.787

       (3) The approximate number of elevator mechanics to be 788
employed by the elevator contractor and evidence satisfactory to 789
the elevator section that the applicant is in compliance with 790
Chapters 4121. and 4123. of the Revised Code;791

       (4) Evidence satisfactory to the elevator section that the 792
applicant maintains liability insurance coverage for each elevator 793
mechanic the applicant employs in an amount the elevator section 794
determines is appropriate;795

       (5) Other information that the elevator section may require.796

       (D)(1) Any individual who applies for a license as an 797
elevator mechanic shall file a written application with the 798
elevator section of the board, accompanied by the application fee 799
as determined pursuant to section 4740.09 of the Revised Code. 800
The application shall be on the form the elevator section 801
prescribes and the accuracy of the information contained in the 802
application shall be verified by the applicant's oath. The 803
application shall include all of the following information:804

       (a) The level of education of the applicant;805

       (b) A list of the applicant's employers;806

       (c) The applicant's period of employment, and the position 807
held with each employer;808

       (d) Other information that the elevator section may require.809

       (2) An applicant for a license as an elevator mechanic shall 810
submit one of the following with the applicant's application:811

       (a) A letter from one or more of the applicant's previous 812
employers that satisfactorily demonstrates to the elevator section 813
that the applicant has at least three years of experience in the 814
elevator industry, including construction, maintenance, service, 815
or repair of elevators, or any combination thereof;816

       (b) A copy of the applicant's certificate of completion of a 817
nationally recognized training program approved by the elevator 818
section pursuant to rules adopted by the elevator section and 819
evidence that the applicant successfully passed a nationally 820
recognized examination approved by the elevator section pursuant 821
to rules adopted by the elevator section;822

       (c) A copy of the applicant's certificate of completion of an 823
apprenticeship program for elevator mechanics that satisfies the 824
requirements the elevator section establishes in rules the section 825
adopts and is registered with the United States department of 826
labor, bureau of apprenticeship training or the Ohio 827
apprenticeship council.828

       (3) An applicant for a license as an elevator mechanic who 829
submits a letter described in division (D)(2)(a) of this section 830
to comply with the requirements of division (D)(2) of this section 831
also shall submit with the applicant's application proof of having 832
passed the examination described in division (B)(4) of section 833
4740.04 of the Revised Code.834

       (E) When an applicant for licensure as a contractor in a 835
licensed trade other than as an elevator contractor or elevator 836
mechanic meets the qualifications set forth in division (B) of 837
this section and passes the required examination, the appropriate 838
section of the board, within ninety days after the application 839
was filed, shall authorize the administrative section of the board840
to license the applicant for the type of contractor's license for 841
which the applicant qualifies. When an applicant for licensure as 842
an elevator contractor satisfies the qualifications set forth in 843
division (C) of this section, the elevator section, within 844
ninety days after the application was filed, shall authorize the 845
administrative section of the board to license the applicant. 846
When an applicant for licensure as an elevator mechanic satisfies 847
the conditions set forth in division (D) of this section, the 848
elevator section, within ninety days after the application was 849
filed, shall authorize the administrative section of the board to 850
issue a license to the applicant. A section of the board may 851
withdraw its authorization to the administrative section for 852
issuance of a license for good cause shown, on the condition that 853
notice of that withdrawal is given prior to the administrative 854
section's issuance of the license.855

       (D)(F) All licenses a contractor, an elevator contractor, or 856
an elevator mechanic holds pursuant to this chapter shall expire 857
annually on the same date, which shall be the expiration date of 858
the original license the contractor holds. An individual holding 859
a valid, unexpired license may renew the license, without 860
reexamination, by submitting an application to the appropriate 861
section of the board not more than ninety calendar days before 862
the expiration of the license, along with the renewal fee the 863
section requires and proof of compliance with the applicable 864
continuing education requirements. The applicant shall provide 865
information in the renewal application satisfactory to 866
demonstrate to the appropriate section that the applicant 867
continues to meet the requirements of division (B), (C), or (D) of 868
this section, as applicable.869

        Upon application and within one calendar year after a license 870
has expired, a section may waive any of the requirements for 871
renewal of a license upon finding that an applicant substantially 872
meets the renewal requirements or that failure to timely apply for 873
renewal is due to excusable neglect. A section that waives874
requirements for renewal of a license may impose conditions upon 875
the licensee and assess a late filing fee of not more than double876
the usual renewal fee. An applicant shall satisfy any condition 877
the section imposes before a license is reissued.878

       (E)(G) An individual holding a valid license may request the879
section of the board that authorized that license to place the 880
license in inactive status under conditions, and for a period of 881
time, as that section determines.882

       (F)(H) Except for the ninety-day extension provided for a 883
license assigned to a business entity under division (D) of 884
section 4740.07 of the Revised Code, a license held by an885
individual immediately terminates upon the death of the886
individual.887

       (G)(I) Nothing in any license issued by the Ohio construction888
industry licensing board shall be construed to limit or eliminate889
any requirement of or any license issued by the Ohio fire marshal.890

       Sec. 4740.062.  (A) Notwithstanding section 4740.06 of the 891
Revised Code, in the event that the governor declares the state of 892
Ohio to be in a state of emergency due to a natural disaster or a 893
mass work stoppage that results in an insufficient number of 894
licensed elevator mechanics required to safely inspect or erect, 895
construct, install, alter, service, repair, or maintain elevators 896
in this state, the elevator section of the Ohio construction 897
industry licensing board shall issue temporary emergency elevator 898
mechanic licenses to qualified individuals.899

       (B) An individual may qualify to receive a temporary 900
emergency elevator mechanic license under division (A) of this 901
section or a temporary elevator mechanic license under division 902
(D) of this section if the individual satisfies the following 903
requirements:904

       (1) Applies to the elevator section on a form provided by the 905
elevator section to receive a temporary emergency elevator 906
mechanic license or temporary elevator mechanic license, as 907
applicable;908

       (2) Provides to the elevator section written documentation 909
obtained from a licensed elevator contractor attesting to the fact 910
that the applicant possesses a sufficient amount of education and 911
documented experience to perform elevator mechanic work without 912
direct supervision;913

       (3) Provides to the elevator section any other information 914
the elevator section requires.915

       (C) The elevator section shall direct the administrative 916
section of the board to issue a temporary emergency elevator 917
mechanic license to an individual who completes an application to 918
the satisfaction of the elevator section and meets the other 919
requirements of division (B) of this section. The temporary 920
emergency elevator mechanic license is valid for a period of not 921
more than forty-five days after the date it is issued. The 922
elevator section may renew the temporary emergency elevator 923
mechanic license for an additional period of thirty days upon the 924
license holder's request in the event that the state of emergency 925
is still in effect at the time of the request. No fees shall be 926
charged for the issuance or renewal of a temporary emergency 927
elevator mechanic license under this division.928

       (D) A licensed elevator contractor shall notify the elevator 929
section of the licensed elevator contractor's inability to secure 930
a qualified workforce in the event that the licensed elevator 931
contractor is unable to locate available elevator mechanics that 932
hold licenses issued pursuant to section 4740.06 of the Revised 933
Code. If the elevator section determines that there is a shortage 934
of elevator mechanics who hold licenses, the elevator section 935
shall direct the administrative section to issue a temporary 936
elevator mechanic license to an individual who completes an 937
application to the satisfaction of the elevator section and meets 938
the other requirements of division (B) of this section. The 939
temporary elevator mechanic license is valid for a period of not 940
more than one year after the date it is issued and remains valid 941
only while a licensed elevator contractor employs the temporary 942
license holder. The elevator section may renew the temporary 943
elevator mechanic license on an annual basis upon the license 944
holder's request in the event that the elevator section 945
determines that there continues to be a shortage of elevator 946
mechanics who hold licenses at the time of the request. If the 947
elevator section determines that a shortage of elevator mechanics 948
no longer exists and an individual licensed pursuant to this 949
division wishes to continue providing services as an elevator 950
mechanic, the individual shall apply for a license under division 951
(D) of section 4740.06 of the Revised Code. The elevator section 952
shall determine the fees for the initial issuance of a temporary 953
elevator mechanic license and the renewal fee for that license in 954
accordance with section 4740.09 of the Revised Code.955

       Sec. 4740.07.  (A) Except as otherwise provided in this 956
section, the administrative section of the Ohio construction 957
industry licensing board shall issue and renew all licenses under 958
this chapter in the name of the individual who meets the 959
requirements of section 4740.06 of the Revised Code.960

       (B) AnyExcept for an individual who applies for or holds a 961
license as an elevator mechanic, temporary emergency elevator 962
mechanic, or a temporary elevator mechanic issued by the board 963
pursuant to section 4740.06 or 4740.062 of the Revised Code, any964
individual may request, at the time of applying for a license or 965
at any time thereafter, that the individual's license be assigned 966
to a business entity with whom the individual is associated as a 967
full-time officer, proprietor, partner, or employee. If the 968
individual is issued or holds a license and meets the requirements 969
of this section for the assignment of the license to a business 970
entity, the administrative section shall assign the license to and 971
issue a license in the name of the business entity. The license972
assigned and issued to a business entity under this division 973
shall state the name and position of the individual who assigned 974
the license to the business entity.975

       (C) During the period a business entity holds a license976
issued under division (B) of this section, the administrative977
section shall not issue another license to the individual who978
assigned the license to the business entity for the same type of 979
contracting for which the business entity utilizes the assigned980
license.981

       (D)(1) If an individual who assigned a license to a business 982
entity ceases to be associated with the business entity for any 983
reason, including the death of the individual, the individual or 984
business entity immediately shall notify the appropriate section 985
of the board of the date on which the individual ceased to be 986
associated with the business entity. A license assigned to a987
business entity is invalid ninety calendar days after the date on 988
which the individual who assigned the license ceases to be 989
associated with the business entity or at an earlier time to which 990
the business entity and the individual agree.991

       (2) If a license assigned to a business entity becomes992
invalid pursuant to division (D)(1) of this section and another993
individual has assigned a license to the business entity for the994
same type of contracting for which the invalidated license had995
been assigned, the business entity may continue to operate under996
the other assigned license.997

       (E) Any work a business entity conducts under a license998
assigned under this section is deemed to be conducted under the999
personal supervision of the individual named in the license and 1000
any violation of any term of the license is deemed to have been 1001
committed by the individual named in the license.1002

       For the period of time during which more than one license for1003
the same type of contracting is assigned to a business entity, any 1004
work the business entity conducts under any of those licenses is 1005
deemed to be conducted under the personal supervision of the 1006
individuals named in those licenses and any violation of any term 1007
of any license is deemed to have been committed by the individuals 1008
named in all of the licenses.1009

       (F) No individual who assigns a license to a business entity 1010
shall assign a license for the same type of contracting to another 1011
business entity until the original license assigned is invalid 1012
pursuant to division (D) of this section.1013

       (G) Any individual who assigns a license to a business entity 1014
under this section shall be actively engaged in business as the 1015
type of contractor for which the license is issued and be readily 1016
available for consultation with the business entity to which the 1017
license is assigned.1018

       (H) No license assigned under this section shall be assigned 1019
to more than one business entity at a time.1020

       Sec. 4740.071. No elevator contractor licensed under section 1021
4740.06 or 4740.08 of the Revised Code shall use the elevator 1022
contractor's liability insurance policy to cover an elevator 1023
mechanic who erects, constructs, installs, alters, services, 1024
repairs, or maintains an elevator unless the elevator mechanic is 1025
performing those activities as an employee of the elevator 1026
contractor.1027

       Sec. 4740.12.  (A) No political subdivision, district, or 1028
agency of the state may adopt an ordinance or rule that requires 1029
contractor registration and the assessment of a registration or 1030
license fee unless that ordinance or rule also requires any 1031
contractor, elevator contractor, or elevator mechanic who 1032
registers and pays the registration or license fee to be licensed 1033
in the contractor's trade or as an elevator contractor or elevator 1034
mechanic pursuant to this chapter.1035

       (B) Except as provided in division (A) of this section, 1036
nothing in this chapter shall be construed to limit the operation 1037
of any statute or rule of this state or any ordinance or rule of 1038
any political subdivision, district, or agency of the state that 1039
does either of the following:1040

       (1) Regulates the installation, repair, maintenance, or1041
alteration of plumbing systems, hydronics systems, electrical 1042
systems, heating, ventilating, and air conditioning systems, or 1043
refrigeration systems;1044

       (2) Requires the registration and assessment of a1045
registration or license fee of tradespersons who perform heating,1046
ventilating, and air conditioning, refrigeration, electrical,1047
plumbing, or hydronics construction, improvement, renovation,1048
repair, or maintenance.1049

       Sec. 4740.13. (A)(1) No person shall act as or claim to be a 1050
type of contractor that this chapter licenses unless that person 1051
holds or has been assigned a license issued pursuant to this 1052
chapter for the type of contractor that person is acting as or 1053
claiming to be.1054

       (2) No person shall act or claim to be an elevator contractor 1055
or elevator mechanic unless that person holds a license issued by 1056
the Ohio construction industry licensing board pursuant to 1057
section 4740.06 or 4740.062 of the Revised Code.1058

        (B) Upon the request of the appropriate section of the Ohio 1059
construction industry licensing board, the attorney general may 1060
bring a civil action for appropriate relief, including but not 1061
limited to a temporary restraining order or permanent injunction 1062
in the court of common pleas of the county where the unlicensed 1063
person resides or is acting as or claiming to be a licensed 1064
contractor.1065

       (C) A contractor licensed under this chapter may install, 1066
service, and maintain the related or interfaced control wiring for1067
equipment and devices related to their specific license, on the1068
condition that the control wiring is less than twenty-five volts.1069

       (D) A person is not an electrical contractor subject to 1070
licensure under this chapter for work that is limited to the 1071
construction, improvement, renovation, repair, testing, or 1072
maintenance of the following systems using less than fifty volts 1073
of electricity: fire alarm or burglar alarm, cabling, tele-data 1074
sound, communication, and landscape lighting and irrigation.1075

       (E) An elevator helper or apprentice is not required to be 1076
licensed in order to perform work under the general supervision of 1077
an individual who holds a license as an elevator mechanic.1078

       Section 2. That existing sections 4105.01, 4105.011, 4105.02, 1079
4105.03, 4105.04, 4105.07, 4105.08, 4105.09, 4105.10, 4105.11, 1080
4105.12, 4105.13, 4105.14, 4105.15, 4105.16, 4105.17, 4105.191, 1081
4105.20, 4105.21, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06, 1082
4740.07, 4740.12, and 4740.13 of the Revised Code are hereby 1083
repealed.1084

       Section 3. Division (A)(2) of section 4740.13 of the Revised 1085
Code, as amended by this act, shall take effect eighteen months 1086
after the effective date of this act.1087

       Section 4. Within ninety days after the effective date of 1088
this act, the director of commerce shall appoint members to the 1089
elevator section of the Ohio construction industry licensing board 1090
created in section 4740.02 of the Revised Code as amended by this 1091
act. One of the members shall be appointed to a term that ends 1092
July 31, 2009, one member shall be appointed to a term that ends 1093
July 31, 2010, and the remaining members of the elevator section 1094
shall be appointed to terms that end July 31, 2011. Thereafter, 1095
terms of office for the members of the elevator section shall be 1096
in accordance with section 4740.02 of the Revised Code as amended 1097
by this act.1098

       Section 5. (A) Notwithstanding sections 4740.06 and 4740.13 1099
of the Revised Code, as amended by this act, any person who, not 1100
later than one year after the effective date of this act, makes 1101
an application to the Elevator Section of the Ohio Construction 1102
Industry Licensing Board on a form provided by the Elevator 1103
Section and who submits a fee established by the Elevator Section 1104
and proof satisfactory to the Elevator Section that the 1105
applicant meets both of the following requirements, may receive a 1106
license as an elevator mechanic without examination:1107

       (1) That the applicant has worked without direct and 1108
immediate supervision as an elevator mechanic for an elevator 1109
contractor in the elevator industry;1110

       (2) That the applicant has worked as an elevator mechanic for 1111
an elevator contractor in the elevator industry within three years 1112
immediately prior to the effective date of this act.1113

       (B) Notwithstanding section 4740.06 of the Revised Code, as 1114
amended by this act, a sole proprietor, firm, or corporation may 1115
act as an elevator contractor without an elevator contractor 1116
license for a period lasting not longer than eighteen months after 1117
the effective date of this act.1118