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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 434 |
REPRESENTATIVES BUEHRER-CATES-HOOPS-MOTTLEY-NETZLEY-OLMAN-
TRAKAS-KRUPINSKI-CORBIN-VERICH-ROBINSON-WILLIAMS-HARRIS-
TERWILLEGER-CALVERT-WIDENER-FERDERBER-METTLER-HOLLISTER-
YOUNG-SCHULER-PERRY-HARTNETT-JOLIVETTE-D. MILLER
A BILL
To amend sections 715.27, 3781.102, 4740.01 to 4740.10, and
4740.12, to enact section 4740.051, and to repeal sections
4740.13 and 4740.99 of the Revised Code to require statewide
certification of specified contractors and make additional
modifications to the Construction Industry Certification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 715.27, 3781.102, 4740.01, 4740.02,
4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09,
4740.10, and 4740.12 be amended and section 4740.051 of the
Revised Code be enacted to read as follows:
Sec. 715.27. (A) Any municipal corporation may:
(1) Regulate the erection of fences, billboards, signs,
and other structures, within the municipal corporation, and
provide for the removal and repair of insecure billboards, signs,
and other structures;
(2) Regulate the construction and repair of wires, poles,
plants, and all equipment to be used for the generation and
application of electricity;
(3) Except as limited by division (B) of this section,
provide PROVIDE for the licensing of house movers, heating,
ventilating,
and air conditioning contractors, refrigeration contractors,
electrical contractors, plumbers, plumbing contractors, hydronics
contractors, sewer tappers, and vault cleaners AND CONTRACTORS WHO DO
NOT HOLD A VALID AND UNEXPIRED LICENSE ISSUED PURSUANT TO CHAPTER
4740. of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this
section, a municipal corporation may, pursuant to division (A)(3)
of this section, require all heating, ventilating, and air
conditioning contractors, refrigeration contractors, electrical
contractors, plumbing contractors, and hydronics contractors to
successfully complete an examination, test, or demonstration of
technical skills and may impose a fee and additional requirements
for a license or registration to engage in their respective
occupations within the jurisdiction of the municipal corporation.
(2) No municipal corporation shall require any heating,
ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, or
hydronics contractor who has HOLDS a valid and unexpired
qualification
certificate LICENSE ISSUED PURSUANT TO CHAPTER 4740. OF THE
REVISED CODE to successfully complete an examination,
test, or
demonstration of technical skills in order to receive a license
or registration to engage in his respective
business, except that
a THE TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD, WITHIN
THE municipal corporation that has adopted, on or before the
effective date of this amendment, a
heating,
ventilating, and air conditioning, or refrigeration, electrical,
hydronics, or plumbing code which is not in conflict with Chapter
3781. or 3791. of the Revised Code or rules adopted thereunder,
may require a contractor who holds a valid and unexpired
qualification certificate to successfully complete an examination
or test only in those areas that differ from requirements
established under Chapters 3781. and 3791. of the Revised Code
and rules adopted thereunder.
(3) A municipal corporation may impose a fee and
additional requirements for licensure or (C) FOR
registration of an
individual A CONTRACTOR who holds a valid and unexpired
qualification
certificate in order for LICENSE ISSUED PURSUANT TO CHAPTER
4740.
OF THE REVISED CODE, BEFORE that individual to
CONTRACTOR MAY engage in his
respective business THE TYPE OF CONTRACTING FOR WHICH THE LICENSE
IS HELD within the municipal corporation, A MUNICIPAL CORPORATION MAY
IMPOSE A FEE, provided
that the fee and additional requirements are IS the same for all
individuals CONTRACTORS who wish to engage in that
business TYPE OF CONTRACTING
AND MAY REQUIRE A BOND AND PROOF OF ALL OF THE FOLLOWING:
(1) INSURANCE PURSUANT TO DIVISION (B)(4) OF SECTION 4740.06 OF
THE REVISED CODE;
(2) COMPLIANCE WITH CHAPTERS 4121. AND 4123. of the Revised Code;
(3) REGISTRATION WITH THE TAX DEPARTMENT OF THE MUNICIPAL
CORPORATION. If
IF a municipal
corporation imposes such a fee or additional requirements REQUIRES A
BOND OR PROOF OF THE ITEMS LISTED IN DIVISIONS (C)(1), (2), AND (3)
OF THIS SECTION, the
municipal corporation immediately shall permit an individual A
CONTRACTOR who
presents proof of holding a valid and unexpired qualification
certificate and who LICENSE ISSUED PURSUANT TO CHAPTER 4740.
OF THE
REVISED CODE, pays the required fee and
satisfies all
additional requirements imposed by the municipal corporation,
OBTAINS A BOND, AND SUBMITS THE REQUIRED PROOF UNDER DIVISIONS
(C)(1), (2), AND (3) OF THIS SECTION to
engage in his respective business THE TYPE OF CONTRACTING FOR WHICH
THE LICENSE IS HELD, within the
municipal
corporation.
(C) As used in this section, "heating, ventilating, and
air conditioning contractor," "refrigeration contractor,"
"electrical contractor," "plumbing contractor," "hydronics
contractor," and "qualification certificate" have the same
meanings as those terms are defined in section 4740.01 of the
Revised Code
(D) A MUNICIPAL CORPORATION MAY REVOKE THE REGISTRATION OF A
CONTRACTOR REGISTERED WITH THAT MUNICIPAL CORPORATION FOR GOOD CAUSE SHOWN.
GOOD CAUSE SHOWN INCLUDES THE FAILURE OF A
CONTRACTOR TO MAINTAIN A BOND OR THE ITEMS LISTED IN DIVISIONS
(C)(1), (2), AND (3) OF THIS SECTION, IF THE MUNICIPAL CORPORATION
REQUIRES THOSE.
Sec. 3781.102. (A) Any county or municipal building
department certified pursuant to division (E) of section 3781.10
of the Revised Code as of September 14, 1970, and which was
THAT, as
of such THAT date, WAS inspecting single-family,
two-family, and
three-family residences, and any township building department
certified pursuant to division (E) of section 3781.10 of the
Revised Code, is hereby declared to be certified to inspect
single-family, two-family, and three-family residences containing
industrialized units, and such building department shall inspect
such THE buildings or classes of buildings subject to the
provisions
of division (E) of section 3781.10 of the Revised Code.
(B) Except as limited by division (C) of this section,
each board of county commissioners may adopt, by resolution,
rules establishing standards and providing for the licensing of
electrical and heating, ventilating, and air conditioning
contractors.
Rules adopted by a board of county commissioners pursuant
to this division may be enforced within the unincorporated areas
of the county and within any municipal corporation where the
legislative authority of the municipal corporation has contracted
with the board for the enforcement of the county rules within the
municipal corporation pursuant to section 307.15 of the Revised
Code. The rules shall not conflict with rules adopted by the
board of building standards pursuant to section 3781.10 of the
Revised Code or by the department of commerce pursuant to Chapter
3703. of the Revised Code. This division does not impair or
restrict the power of municipal corporations under Section 3
Article XVIII, Ohio Constitution, to adopt rules concerning
the erection, construction, repair, alteration, and maintenance
of buildings and structures or of establishing standards and
providing for the licensing of electrical and heating,
ventilating, and air conditioning contractors pursuant to section
715.27 of the Revised Code.
(C)(1) Except as provided in division (C)(2) of this
section, a board of county commissioners, pursuant to division
(B) of this section, may require all electrical contractors and
heating, ventilating, and air conditioning contractors to
successfully complete an examination, test, or demonstration of
technical skills and may impose a fee and additional requirements
for a license to engage in their respective occupations within
the jurisdiction of the board's rules under division (B) of this
section.
(2) No board of county commissioners shall require any
electrical contractor or heating, ventilating, and air
conditioning contractor who has HOLDS a valid and unexpired
qualification certificate LICENSE ISSUED PURSUANT TO
CHAPTER 4740.
OF THE
REVISED CODE to successfully complete an
examination, test, or demonstration of technical skills in order
to receive a license to engage in the contractor's
respective business, except
that a board that has adopted, on or before July 31, 1992, a
heating, ventilating, and
air conditioning, or refrigeration, electrical, hydronics, or
plumbing code which is not in conflict with Chapter 3781. or
3791. of the Revised Code or rules adopted thereunder, may
require a contractor who holds a valid and unexpired
qualification certificate to successfully complete an examination
or test only in those areas that differ from requirements
established under Chapters 3781. and 3791. of the Revised Code
and rules adopted thereunder
TYPE OF CONTRACTING FOR WHICH THE LICENSE IS HELD,
WITHIN THE UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY
MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED
WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN
THE MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE
REVISED
CODE.
(3)(C) A board may impose a fee and additional
requirements
for licensure REGISTRATION of an individual A
CONTRACTOR who holds a valid and unexpired
qualification certificate, in order for LICENSE ISSUED PURSUANT TO
CHAPTER 4740. OF THE REVISED CODE BEFORE that
individual to CONTRACTOR MAY engage
in the individual's respective business TYPE OF CONTRACTING FOR
WHICH THE LICENSE IS HELD within the
jurisdiction of the board's
rules under division (B) of this section
UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY
MUNICIPAL CORPORATION WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED
WITH THE BOARD FOR THE ENFORCEMENT OF COUNTY REGULATIONS WITHIN
THE MUNICIPAL CORPORATION, PURSUANT TO SECTION 307.15 OF THE
REVISED
CODE, provided that the fee
and additional requirements are IS the same for all
individuals CONTRACTORS who
wish to engage in the business THAT TYPE OF CONTRACTING. If
the A board imposes such a fee
or additional requirements, the board immediately shall permit an
individual A CONTRACTOR who presents proof of holding a valid and
unexpired
qualification certificate LICENSE and who pays the
required fee and
satisfies all additional requirements imposed by the board to
engage in the individual's respective business TYPE OF CONTRACTING
FOR WHICH
THE LICENSE IS HELD within the
jurisdiction of the
board's rules under division (B) of this section
UNINCORPORATED AREAS OF THE COUNTY AND WITHIN ANY MUNICIPAL CORPORATION
WHOSE LEGISLATIVE AUTHORITY HAS CONTRACTED WITH THE BOARD FOR THE ENFORCEMENT
OF COUNTY REGULATIONS WITHIN THE MUNICIPAL CORPORATION, PURSUANT TO SECTION
307.15 OF THE REVISED CODE.
(D) As used in this section, "electrical contractor,"
"heating, ventilating, and air conditioning contractor," and
"qualification certificate" have the same meanings as in section
4740.01 of the Revised Code.
(E) The political subdivision associated with each
municipal, township, and county building department certified by
the board of building standards pursuant to division (E) of
section 3781.10 of the Revised Code may prescribe fees to be paid
by persons, political subdivisions, or any department, agency,
board, commission, or institution of the state, for the
acceptance and approval of plans and specifications, and for the
making of inspections, pursuant to sections 3781.03 and 3791.04
of the Revised Code.
(F)(E) Each political subdivision that prescribes fees
pursuant to
division (E)(D) of this section shall collect, on behalf of
the board of
building standards, a fee equal to three per cent of such fees. The board
shall adopt rules, in accordance with Chapter 119. of the Revised Code,
specifying the manner in which the fee assessed pursuant to this division
shall be
collected and remitted monthly to the board. The board shall pay the fee
assessed pursuant to this division into the state treasury to the credit of
the industrial compliance operating fund created in section 121.084 of the
Revised Code.
All money credited to the fund under this division shall be used
exclusively for both of the following:
(1) Operating costs of the board;
(2) Providing services, including educational programs, for the building
departments that are certified by the board pursuant to division (E)
of section 3781.10 of the Revised Code.
Sec. 4740.01. As used in this chapter:
(A) "Qualification certificate LICENSE" means a
certificate LICENSE
issued
by the Ohio construction industry examining board to an
individual or business entity as a heating, ventilating, and air
conditioning contractor, refrigeration contractor, electrical
contractor, plumbing contractor, or hydronics contractor.
(B) "Heating, ventilating, and air conditioning
contractor" means any individual OR BUSINESS ENTITY who assumes
responsible charge,
supervision, or direction of persons engaged in SATISFIES BOTH OF THE
FOLLOWING:
(1) FOR
COMPENSATION, DIRECTS, SUPERVISES, OR HAS RESPONSIBILITY FOR THE MEANS,
METHOD, AND MANNER OF heating,
ventilating, and air conditioning contracting, or CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT
AND who
engages in,
offers to engage in, IDENTIFIES, advertises, or otherwise
HOLDS OUT OR represents that he
THE
INDIVIDUAL OR BUSINESS ENTITY is permitted OR QUALIFIED to
engage in the design of, planning of,
superintending of, contracting for, or responsible charge
PERFORM, DIRECT, SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD,
AND
MANNER of
heating, ventilating, and air conditioning contracting CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM AND WHO ARE
TRAINED TO PERFORM HEATING, VENTILATING, AND AIR CONDITIONING CONSTRUCTION,
IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT.
(C) "Refrigeration contractor" means any individual OR BUSINESS ENTITY
who
assumes responsible charge, supervision, or direction of persons
engaged in SATISFIES BOTH OF THE FOLLOWING:
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF refrigeration
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in,
offers
to engage in, IDENTIFIES, advertises, or otherwise
HOLDS OUT OR represents that he THE
INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to engage in
the design of, planning
of,
superintending of, contracting for, or responsible charge DIRECT,
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of
refrigeration contracting CONSTRUCTION, IMPROVEMENT, RENOVATION,
REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM AND WHO ARE
TRAINED TO PERFORM REFRIGERATION CONSTRUCTION, IMPROVEMENT, RENOVATION,
REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT.
(D) "Electrical contractor" means any individual OR BUSINESS ENTITY
who
assumes responsible charge, supervision, or direction of persons
engaged in SATISFIES BOTH OF THE FOLLOWING:
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF electrical
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in,
offers to
engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT
OR represents that he THE
INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to engage in
the design of, planning
of,
superintending of, contracting for, or responsible charge DIRECT,
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of
electrical contracting CONSTRUCTION, IMPROVEMENT, RENOVATION,
REPAIR, OR MAINTENANCE ON A CONSTRUCTION PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM AND WHO ARE
TRAINED TO PERFORM ELECTRICAL CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR,
OR MAINTENANCE ON A CONSTRUCTION PROJECT. As
AS used in this division CHAPTER,
"electrical
contracting" does not include the construction, installation,
alteration IMPROVEMENT, RENOVATION, repair, OR
maintenance, or service of any fire OF THE FOLLOWING SYSTEMS
USING LESS THAN FIFTY VOLTS:
(a) FIRE alarm or burglar alarm;
(b) TELE-DATA;
(c) CABLING;
(d) SOUND;
(e) COMMUNICATION;
(f) LANDSCAPE LIGHTING AND IRRIGATION.
(E) "Plumbing contractor" means any individual OR BUSINESS ENTITY who
assumes
responsible charge, supervision, or direction of persons engaged
in SATISFIES BOTH OF THE FOLLOWING:
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS RESPONSIBILITY
FOR THE MEANS, METHOD, AND MANNER OF plumbing contracting, or
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A
CONSTRUCTION PROJECT AND who
engages in, offers to engage in, IDENTIFIES,
advertises, or otherwise HOLDS OUT OR represents that he THE
INDIVIDUAL OR
BUSINESS ENTITY is
permitted or qualified to engage in the design of, planning of,
superintending
of, contracting for, or responsible charge DIRECT, SUPERVISE, OR HAVE
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of plumbing
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE ON A
CONSTRUCTION PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM AND WHO ARE
TRAINED TO PERFORM PLUMBING CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR
MAINTENANCE ON A CONSTRUCTION PROJECT.
(F) "Hydronics contractor" means any individual OR BUSINESS ENTITY who
assumes responsible charge, supervision, or direction of persons
engaged in SATISFIES BOTH OF THE FOLLOWING:
(1) FOR COMPENSATION, DIRECTS, SUPERVISES, OR HAS
RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER OF hydronics
contracting, or CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR
MAINTENANCE ON A CONSTRUCTION PROJECT AND who engages in, offers
to
engage in, IDENTIFIES, advertises, or otherwise HOLDS OUT
OR represents that he THE
INDIVIDUAL OR BUSINESS ENTITY is permitted or qualified to engage in
the design of, planning
of,
superintending of, contracting for, or responsible charge DIRECT,
SUPERVISE, OR HAVE RESPONSIBILITY FOR THE MEANS, METHOD, AND MANNER of
hydronics contracting CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR,
OR MAINTENANCE ON A CONSTRUCTION PROJECT;
(2) IS A TRADESPERSON OR EMPLOYS TRADESPERSONS WHO PERFORM AND WHO ARE
TRAINED TO PERFORM HYDRONICS CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR
MAINTENANCE ON A CONSTRUCTION PROJECT.
(G) As used in this section, "contracting" means the
engagement of a person under any written or verbal contract,
agreement, or understanding, whereby such person provides
services or materials which are subject to examination under this
chapter "CONTRACTOR" MEANS A HEATING, VENTILATING, AND AIR
CONDITIONING CONTRACTOR, A REFRIGERATION CONTRACTOR, AN
ELECTRICAL CONTRACTOR, A PLUMBING CONTRACTOR, OR A HYDRONICS
CONTRACTOR.
(H) "TRADESPERSON" MEANS AN INDIVIDUAL WHO,
FOR COMPENSATION, ENGAGES IN
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE OF
BUILDINGS OR STRUCTURES WITHOUT ASSUMING RESPONSIBILITY FOR THE
MEANS, METHOD, OR MANNER OF THAT CONSTRUCTION, IMPROVEMENT,
RENOVATION, REPAIR, OR MAINTENANCE.
(I) "CONSTRUCTION PROJECT" MEANS A CONSTRUCTION PROJECT INVOLVING
A BUILDING OR STRUCTURE THAT IS SUBJECT TO
CHAPTER 3781. of the Revised Code
AND THE RULES ADOPTED UNDER THAT CHAPTER, BUT NOT INCLUDING
ANY
OF THE FOLLOWING BUILDINGS OR STRUCTURES:
(1) A ONE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING HOUSE OR
AN ACCESSORY STRUCTURE INCIDENTAL TO THAT DWELLING HOUSE;
(2) AN INDUSTRIALIZED UNIT AS DEFINED IN DIVISION (C)(3) OF
SECTION 3781.06 OF THE REVISED CODE;
(3) A BUILDING OR STRUCTURE CONSTRUCTED PURSUANT TO RULES ADOPTED
UNDER SECTION 3781.181 OR 3781.21 of the Revised Code.
Sec. 4740.02. (A) There is hereby created WITHIN THE DEPARTMENT OF
COMMERCE, the Ohio
construction industry examining board, consisting of seventeen
residents of this state. The board shall consist of an
administrative section, a plumbing section, an electrical
section, and a heating, ventilating, air conditioning, and
refrigeration section.
The director of commerce shall appoint all
members of the board. The director or
his THE DIRECTOR'S designee shall serve as a member of the
administrative section and
the director shall appoint to the
administrative section, one member who is a representative of the public
who is not a member of
any group certified by ANY SECTION OF the board. The plumbing,
electrical, and
heating, ventilating, air conditioning, and refrigeration
sections each shall annually elect a member of each THEIR OWN
respective
section to serve a one-year term on the administrative section.
(B) The plumbing section shall consist of five members,
four of whom are plumbing contractors, and one of whom is an
employee of A PLUMBING INSPECTOR EMPLOYED BY
the department of commerce other than the director or his
designee who serves as a member of the administrative section.
Of the
four plumbing
members, two shall be engaged in plumbing contracting and shall
represent unions representing plumbers and, A MUNICIPAL
CORPORATION, OR A HEALTH DISTRICT, two shall OF WHOM ARE
PLUMBING CONTRACTORS
WHO have no
affiliation with any union representing plumbers, AND TWO OF WHOM
ARE PLUMBING CONTRACTORS WHO ARE
SIGNATORIES TO AGREEMENTS WITH UNIONS REPRESENTING
PLUMBERS.
(C) The electrical section shall consist of five members,
one of whom is a municipal building AN electrical inspector
EMPLOYED BY THE DEPARTMENT OF COMMERCE, A MUNICIPAL
CORPORATION, OR A COUNTY, two of
whom are electrical contractors and who have no affiliation with
any union representing electricians, and two of whom are
electrical contractors and who represent ARE SIGNATORIES TO
AGREEMENTS WITH unions representing
electricians.
(D) The heating, ventilating, air conditioning, and
refrigeration section shall consist of five members, one of whom
is a municipal heating, ventilating, air conditioning, and
refrigeration inspector EMPLOYED BY EITHER THE DEPARTMENT OF COMMERCE OR A
MUNICIPAL CORPORATION; two of whom are heating, ventilating,
and air conditioning CONTRACTORS or refrigeration contractors
and who have no
affiliation with any union representing persons engaged in
heating, ventilating, and air conditioning TRADESPERSONS or
refrigeration
contracting TRADESPERSONS; and two of whom are heating,
ventilating, and air
conditioning CONTRACTORS or refrigeration contractors and who
represent ARE SIGNATORIES TO AGREEMENTS WITH
unions representing heating, ventilating, and air conditioning
TRADESPERSONS or
refrigeration contractors TRADESPERSONS.
(E) Within ninety days after July 31, 1992, initial
appointments shall be made to the
board. Of the initial appointments to the
board, two appointments in each section, other than the
administrative section, are for terms ending one year after July
31, 1992, and two
are for terms ending two
years after July 31,
1992. All other
appointments to the board are for terms ending three years after
July 31, 1992.
Thereafter, terms of office
are for three years, each term ending on the same day of the same
month of the year as did the term that it succeeds. Each member
shall hold office from the date of his appointment until the end
of the term for which he THE MEMBER was appointed. Members may
be
reappointed. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a
vacancy occurring prior to the expiration date of the term for
which his THE MEMBER'S predecessor was appointed shall hold
office as a member
for the remainder of that term. A member shall continue in
office subsequent to the expiration date of his THE MEMBER'S
term until his THE MEMBER'S successor takes office or until a
period of sixty days has
elapsed, whichever occurs first.
(F) Before entering upon the discharge of his OFFICIAL duties,
each
member shall take, and file with the secretary of state, the oath
of office required by Section 7 of Article XV, Ohio Constitution.
(G) Each member of the board, except for the director or the
designee the director appoints under division (A) of this section,
and the employee of the department of commerce the director appoints under
division (B) of this section, shall receive a per diem amount
fixed pursuant to section 124.15 of the
Revised Code when actually attending to matters of the board and
for the time spent in necessary travel, and all actual and
necessary expenses incurred in the discharge of his OFFICIAL
duties.
(H) The director of commerce may remove any
member of the board he THE DIRECTOR appoints for malfeasance,
misfeasance, or
nonfeasance.
(I) Membership on the board and holding an ANY office of the
board does not constitute the holding of a public office or
employment within the meaning of any section of the Revised Code,
or an interest, either direct or indirect, in a contract or
expenditure of money by the state or any municipal corporation,
township, special district, school district, county, or other
political subdivision. No member or officer of the board is
disqualified from holding any public office or employment nor
shall the officer or member forfeit any PUBLIC office or employment by
reason of his HOLDING A position as an officer or member of
the board.
(J) The board is part of the department of commerce for administrative
purposes,
AND EACH SECTION OF THE BOARD, SHALL MEET ONLY
AFTER ADEQUATE ADVANCE NOTICE OF THE MEETING HAS BEEN GIVEN TO
EACH MEMBER OF THE BOARD OR SECTION, AS APPROPRIATE.
Sec. 4740.03. (A) The administrative section of the Ohio
construction industry examining board annually shall elect from
among its members a chairperson and other officers as
the board, by rule, designates. The chairperson shall preside over
meetings of
the administrative section or designate another member to preside
in the chairperson's absence. The administrative section
shall hold at least
two regular meetings each year, but may meet at additional times
as specified by rule, at the call of the chairperson,
or upon the request of two or more members. A majority of the members
OF THE ADMINISTRATIVE SECTION
constitutes a quorum for the transaction of all business. The
administrative section may not take any action without the
concurrence of AT LEAST three OF ITS members.
(B)(1) The administrative section shall employ a
secretary, who is not a member of the board, to serve at the
pleasure of the ADMINISTRATIVE section, and shall fix the
compensation of
the secretary. THE SECRETARY SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE OF
THE STATE.
(2) The secretary shall do all of the following:
(a) Keep OR SET STANDARDS FOR AND DELEGATE TO ANOTHER PERSON THE KEEPING
OF the minutes, books, and other records and files
of the board and each section of the board;
(b) Issue all qualification certificates in the name of the board;
(c) Send out all notices, INCLUDING ADVANCE NOTICES OF MEETINGS OF
THE BOARD AND EACH SECTION OF THE BOARD, and attend to all
correspondence
of the board and each section OF THE BOARD, under the direction of the
administrative section;
(d) Receive and deposit all fees payable pursuant to this
chapter into the construction industry examining fund created
pursuant to section 4740.11 of the Revised Code;
(e) Perform all other duties incidental to the office of
the secretary or
properly assigned to the secretary by the administrative
section of the
board.
(3) Before entering upon the discharge of the duties of
the secretary, the
secretary shall file with the treasurer of state a bond in the
sum of five thousand dollars, payable to the state, to ensure the
faithful performance of the secretary's duties.
The board shall pay the
premium of the bond in the same manner as it pays other
expenditures of the board.
(C) Upon the request of the administrative section of the
board, the director of commerce shall supply the
board and its sections with personnel, office space, and
supplies, as the director determines
appropriate. THE ADMINISTRATIVE SECTION OF THE BOARD SHALL EMPLOY ANY
ADDITIONAL STAFF IT CONSIDERS NECESSARY AND APPROPRIATE.
(D) The chairperson of the board or the secretary, or
both,
as authorized by the board, shall approve all vouchers of
the board.
Sec. 4740.04. The administrative section of the Ohio
construction industry examining board is responsible for the
administration of this chapter and shall do all of the following:
(A) Schedule, administer, and supervise the examinations
for qualification certificates for heating, ventilating, and air
conditioning contractors, refrigeration contractors, electrical
contractors, plumbing contractors, and hydronics contractors, as
directed by the heating, ventilating, air conditioning, and
refrigeration section, the electrical section, and the plumbing
APPLICABLE
section OF THE BOARD. The administrative section shall conduct
the SCHEDULE
examinations TO BE HELD at least four times per year.
(B) SELECT AND CONTRACT WITH ONE OR MORE PERSONS TO DO ALL OF
THE FOLLOWING RELATIVE TO THE EXAMINATIONS DESCRIBED IN DIVISION
(A) OF THIS SECTION:
(1) PREPARE, ADMINISTER, SCORE, AND MAINTAIN THE
CONFIDENTIALITY OF THE EXAMINATIONS;
(2) BE RESPONSIBLE FOR ALL THE EXPENSES REQUIRED TO
FULFILL DIVISION (B)(1) OF THIS
SECTION;
(3) CHARGE AN APPLICANT A FEE, IN AN AMOUNT AUTHORIZED BY
THE ADMINISTRATIVE SECTION OF THE BOARD, FOR ADMINISTERING THE
EXAMINATION;
(4) DESIGN THE EXAMINATION FOR EACH TYPE OF CONTRACTOR TO
DETERMINE AN APPLICANT'S COMPETENCE TO PERFORM THE TYPE OF
CONTRACTING FOR WHICH THE APPLICANT IS SEEKING
LICENSURE.
(C) Issue qualification certificates AND RENEW
LICENSES to
individuals who
have attained at least the minimum score on an examination
prepared AUTHORIZED by the plumbing section for plumbing
contractors, the
electrical section for electrical contractors, the heating,
ventilating, air conditioning, and refrigeration section for
heating, ventilating, and air conditioning contractors and
refrigeration contractors, and both the heating, ventilating, air
conditioning, and refrigeration and plumbing sections for
hydronics contractors,
ON THE CONDITION THAT THE
APPROPRIATE SECTION OF THE BOARD DETERMINES THAT THE INDIVIDUAL
ALSO IS QUALIFIED AS REQUIRED BY SECTION 4740.06 OF THE
REVISED CODE TO HOLD A LICENSE;
(C) Suspend, revoke, or refuse to issue or renew
qualification certificates as directed by the plumbing section
for plumbing contractors; the electrical section for electrical
contractors; the heating, ventilating, air conditioning, and
refrigeration section for heating, ventilating, and air
conditioning contractors and refrigeration contractors; and both
the heating, ventilating, air conditioning, and refrigeration and
plumbing sections for hydronics contractors;
(D) Make an annual written report to the director of
commerce on proceedings had by or before the board
for the previous year and make an annual statement of all money
received and expended by the board during the year;
(E) Keep a record containing the name, address, the date
on which the board issues or renews a qualification certificate
LICENSE
to, and the qualification certificate LICENSE number of, every
heating,
ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, and
hydronics contractor issued a qualification certificate LICENSE
pursuant
to this chapter;
(F) REGULATE A CONTRACTOR'S USE AND DISPLAY OF A LICENSE
ISSUED PURSUANT TO THIS CHAPTER AND OF ANY INFORMATION CONTAINED
IN THAT LICENSE;
(G) ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE AS NECESSARY TO PROPERLY
DISCHARGE THE ADMINISTRATIVE SECTION'S DUTIES UNDER THIS
CHAPTER;
(H) Keep a record of its proceedings and do all things
necessary to carry out this chapter.
Sec. 4740.05. The heating, ventilating, air conditioning,
and refrigeration section of the Ohio construction industry
examining board for heating, ventilating, and air conditioning
contractors and refrigeration contractors; the plumbing section
of the board for plumbing contractors; the electrical section for
electrical contractors; and both the heating, ventilating, air
conditioning, and refrigeration and the plumbing sections for
hydronics contractors, shall do all of the following:
(A) Adopt rules in accordance with Chapter 119. of the
Revised Code as this chapter relates to their respective
sections. The rules shall be limited to the following:
(1) Application procedures for examinations;
(2) Approval of a third party to prepare, administer, and score the
examination. The approved third party shall be responsible for all expenses
associated with the preparation, administration, and scoring of the
examination and may charge the applicant for a qualification certificate a fee
for such expenses. The examination for each type of contractor certified
pursuant to
this chapter shall be substantially uniform and designed so as to
establish the competence and qualifications of the applicant in
the subjects pertinent to the particular business for which the
applicant seeks a qualification certificate.
(3) Selection and approval of courses to meet the
continuing education requirements for renewal of a qualification
certificate, which requirements shall be no more than thirty
course hours over a three-year period for an individual who holds
one or more qualification certificates issued pursuant to section
4740.06 or 4740.08 of the Revised Code;
(4) Issuance of or refusal to issue qualification
certificates to qualified individuals and suspension or
revocation of qualification certificates of unqualified
individuals SPECIFICATIONS CONCERNING CONTINUING EDUCATION
REQUIREMENTS FOR LICENSE RENEWAL THAT ADDRESS ALL OF
THE FOLLOWING:
(a) CRITERIA FOR SELECTING AND
APPROVING COURSES AND PERSONS TO PROVIDE THOSE COURSES;
(b) A SPECIFICATION THAT INDIVIDUALS
HOLDING A VALID AND UNEXPIRED LICENSE BE REQUIRED TO ACCRUE
NO MORE THAN THIRTY HOURS OF CONTINUING EDUCATION COURSES OVER A
PERIOD OF THREE YEARS;
(c) A REQUIREMENT THAT PERSONS
SEEKING APPROVAL TO PROVIDE CONTINUING EDUCATION COURSES SUBMIT
INFORMATION REGARDING THE COURSES TO THE APPROPRIATE SECTION OF
THE BOARD FOR APPROVAL NOT LESS THAN NINETY DAYS NOR MORE THAN
ONE YEAR PRIOR TO THE DATE ON WHICH THE COURSES ARE OFFERED,
UNLESS A SECTION OF THE BOARD PERMITS SUBMISSION AT A DIFFERENT
TIME;
(d) A PROHIBITION AGAINST ANY PERSON
PROVIDING A COURSE FOR THE PURPOSE OF MEETING CONTINUING
EDUCATION REQUIREMENTS UNLESS, NOT MORE THAN ONE YEAR PRIOR TO
THE DATE THE COURSE IS OFFERED, THE PERSON HAS BEEN APPROVED BY
THE APPROPRIATE SECTION OF THE BOARD TO PROVIDE THAT
COURSE;
(e) A PROVISION LIMITING APPROVAL OF
CONTINUING EDUCATION COURSES TO ONE YEAR;
(f) A PROVISION ESTABLISHING THE
FOLLOWING ANNUAL FEES, TO BE PAID TO THE BOARD BY PERSONS
APPROVED TO PROVIDE CONTINUING EDUCATION COURSES:
(i) FOR THE APPROVAL OF EACH
CONTINUING EDUCATION COURSE, NOT MORE THAN TEN DOLLARS PLUS ONE
DOLLAR PER CREDIT HOUR;
(ii) FOR THE APPROVAL OF EACH PERSON
PROVIDING CONTINUING EDUCATION COURSES, TWENTY-FIVE
DOLLARS.
(3) CRITERIA THE SECTION OF THE BOARD SHALL USE IN
EVALUATING THE QUALIFICATIONS OF AN INDIVIDUAL;
(4) CRITERIA THE SECTION OF THE BOARD SHALL USE IN
DECIDING WHETHER TO ISSUE, RENEW, SUSPEND, REVOKE, OR REFUSE TO
ISSUE OR RENEW A LICENSE;
(5) Determinations and approvals made under the
reciprocity provision of section 4740.08 of the Revised Code.
(B) Investigate all allegations in reference to violations
of this chapter and the rules adopted pursuant thereto PERTAINING TO THE
SECTION and
determine by rule a procedure for investigations and hearings on
these allegations;
(C) Keep MAINTAIN a record of its proceedings
and;
(D) GRANT APPROVAL TO PERSONS TO OFFER CONTINUING
EDUCATION COURSES PURSUANT TO RULES ADOPTED UNDER DIVISION
(A)(2) OF THIS SECTION;
(E) AS REQUIRED, do all things
necessary to carry out this chapter.
(F) THE ELECTRICAL SECTION OF THE OHIO CONSTRUCTION
INDUSTRY EXAMINING BOARD MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER
119. of the Revised Code TO PROVIDE PROCEDURES FOR EXAMINATION, CERTIFICATION, LICENSURE, AND
CONTINUING EDUCATION OF A LOW-VOLTAGE CONTRACTOR, LIMITED TO A SINGLE
ELECTRICAL SUBLICENSE SPECIFICALLY FOR WORK INCLUDING BURGLAR ALARM SYSTEMS
AND FIRE ALARM SYSTEMS, IF THE WORK IS PERFORMED ON A COMMERCIAL BUILDING.
Sec. 4740.051. NO PERSON SHALL ACT AS OR CLAIM TO BE A
HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR,
REFRIGERATION CONTRACTOR, PLUMBING CONTRACTOR, ELECTRICAL
CONTRACTOR, OR HYDRONICS CONTRACTOR UNLESS THAT PERSON HOLDS OR
HAS BEEN ASSIGNED A LICENSE ISSUED PURSUANT TO THIS CHAPTER
FOR THE TYPE OF CONTRACTOR THAT PERSON IS ACTING AS OR CLAIMING
TO BE.
Sec. 4740.06. (A) Any person INDIVIDUAL who applies for
a qualification certificate LICENSE shall file a written
application with
the appropriate section of the Ohio construction industry
examining board, accompanied with the APPLICATION fee set forth
in AS DETERMINED PURSUANT TO section
4740.09 of the Revised Code. The person INDIVIDUAL shall file
the
application with the appropriate section not more than sixty days
nor less than thirty days prior to the date of the examination.
The application shall be on the form prescribed by the
appropriate section of the board and verified by the applicant's
oath. It shall contain information satisfactory to the
appropriate section showing that the applicant meets the
requirements of division (B) of this section.
(B) To receive a qualification certificate QUALIFY TO TAKE THE
EXAMINATION
REQUIRED TO OBTAIN A LICENSE for a heating,
ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, or
hydronics contractor, an individual shall:
(1) Be at least eighteen years of age;
(2) Be a United States citizen;
(3) Be of good moral character;
(4) Pass the examination given by the board in his
particular business and pay the required examination fee;
(5) Have the following experience in his
particular business:
(a) With respect to a heating, ventilating, and air
conditioning contractor or a refrigeration contractor, for a
continuous period of at least two years immediately preceding his
application for examination, be engaged in heating, ventilating,
and air conditioning contracting or refrigeration contracting,
respectively;
(b) With respect to an electrical contractor, for a
continuous period of at least two years immediately preceding his
application for examination, be engaged in electrical
contracting;
(c) With respect to a plumbing contractor, for a
continuous period of at least two years immediately preceding his
application for examination, be engaged in plumbing contracting;
(d) With respect to a hydronics contractor, for a
continuous period of at least two years immediately preceding his
application for examination, be engaged in hydronics contracting.
(6) Pay the applicable fee set forth in section 4740.09 of
the Revised Code for the issuance of a qualification certificate
EITHER HAVE BEEN A TRADESPERSON
FOR THE TYPE OF CONTRACTOR FOR WHICH THE APPLICATION IS FILED
FOR NOT LESS THAN FIVE YEARS IMMEDIATELY PRIOR TO THE DATE THE
APPLICATION IS FILED, BE AN ENGINEER, HAVE THREE YEARS OF
BUSINESS EXPERIENCE IN THE CONSTRUCTION INDUSTRY, OR HAVE OTHER
EXPERIENCE ACCEPTABLE TO THE SECTION OF THE BOARD THAT
AUTHORIZES ISSUANCE OF THE TYPE OF LICENSE SOUGHT;
(4) MAINTAIN CONTRACTOR'S LIABILITY INSURANCE, INCLUDING
WITHOUT LIMITATION, COMPLETE OPERATIONS COVERAGE, IN AN AMOUNT
DETERMINED BY THE APPROPRIATE SECTION OF THE BOARD;
(5) NOT HAVE DONE ANY OF THE FOLLOWING:
(a) BEEN CONVICTED OF OR PLEADED
GUILTY TO A MISDEMEANOR INVOLVING MORAL TURPITUDE OR OF ANY
FELONY;
(b) VIOLATED THIS CHAPTER OR ANY RULE
ADOPTED PURSUANT TO THIS CHAPTER;
(c) OBTAINED OR RENEWED A LICENSE
ISSUED PURSUANT TO THIS CHAPTER, OR ANY ORDER, RULING, OR
AUTHORIZATION OF THE BOARD OR A SECTION OF THE BOARD BY FRAUD,
MISREPRESENTATION, OR DECEPTION;
(d) ENGAGED IN FRAUD,
MISREPRESENTATION, OR DECEPTION IN THE CONDUCT OF
BUSINESS.
(C) If the applicant for LICENSURE AS a heating, ventilating, and
air
conditioning contractor's CONTRACTOR, refrigeration
contractor's CONTRACTOR, electrical
contractor's CONTRACTOR, plumbing contractor's
CONTRACTOR, or hydronics contractor's
qualification certificate CONTRACTOR meets the qualifications set
forth in
division (B) of this section AND PASSES THE REQUIRED EXAMINATION, the
appropriate section of the
board, WITHIN NINETY DAYS AFTER THE APPLICANT FILED THE
APPLICATION, shall direct AUTHORIZE the
administrative section of the board
to
issue him a qualification certificate
in LICENSE THE APPLICANT FOR the
business TYPE OF CONTRACTOR'S LICENSE for which he
THE APPLICANT qualifies. A SECTION OF THE BOARD MAY WITHDRAW ITS
AUTHORIZATION TO
THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A LICENSE FOR
GOOD CAUSE SHOWN, ON THE CONDITION THAT NOTICE OF THAT
WITHDRAWAL IS GIVEN PRIOR TO THE ADMINISTRATIVE SECTION'S
ISSUANCE OF THE LICENSE.
(D) Each qualification certificate LICENSE issued under this
chapter expires one year after the date of issue, but each person
INDIVIDUAL
holding a valid, unexpired qualification certificate LICENSE may
renew
his certificate THE LICENSE, without reexamination, by applying
to the
appropriate section of the board within NOT MORE THAN ninety
days of BEFORE the
expiration of his certificate THE LICENSE, and submitting with
his THE application the renewal fee set forth in AS
DETERMINED PURSUANT TO section 4740.09
of the
Revised Code and proof of compliance with the continuing
education requirements for his particular business APPLICABLE TO
THAT CONTRACTOR. THE RENEWAL APPLICATION SHALL CONTAIN INFORMATION
SATISFACTORY TO THE APPROPRIATE SECTION OF THE BOARD SHOWING
THAT THE APPLICANT CONTINUES TO MEET THE REQUIREMENTS OF
DIVISION (B) OF THIS
SECTION.
THE APPROPRIATE SECTION OF THE BOARD MAY WAIVE ANY OF THE
REQUIREMENTS FOR RENEWAL OF A LICENSE UPON FINDING THAT THE
APPLICANT SUBSTANTIALLY HAS MET THE RENEWAL REQUIREMENTS AND
THAT FAILURE TO TIMELY APPLY FOR RENEWAL IS DUE TO EXCUSABLE
NEGLECT. IF, IN RENEWING A LICENSE, A SECTION OF THE BOARD
WAIVES REQUIREMENTS FOR RENEWAL, THAT SECTION MAY IMPOSE
CONDITIONS UPON THAT LICENSEE AND ASSESS A LATE FILING
FEE OF NOT MORE THAN DOUBLE THE USUAL RENEWAL FEE.
(E) AN INDIVIDUAL
HOLDING A VALID AND UNEXPIRED LICENSE MAY REQUEST THE
SECTION OF THE BOARD THAT AUTHORIZED THE ISSUANCE OF THAT
LICENSE TO PLACE THE LICENSE IN INACTIVE STATUS UNDER
CONDITIONS AND FOR A PERIOD OF TIME AS DETERMINED BY THAT
SECTION OF THE BOARD.
(F) EXCEPT FOR THE
NINETY-DAY EXTENSION PROVIDED FOR UNDER DIVISION
(D) OF SECTION 4740.07 OF THE
REVISED
CODE, A LICENSE HELD BY AN
INDIVIDUAL IMMEDIATELY TERMINATES UPON THE DEATH OF THE
INDIVIDUAL.
(G) NOTHING IN ANY LICENSE ISSUED BY THE OHIO
CONSTRUCTION INDUSTRY EXAMINING BOARD SHALL BE CONSTRUED TO LIMIT OR ELIMINATE
ANY REQUIREMENT OR ANY LICENSE ISSUED BY THE OHIO FIRE MARSHAL.
Sec. 4740.07. (A) Except as provided in this section, the
administrative section of the Ohio construction industry
examining board shall issue and renew all qualification
certificates LICENSES under section 4740.06 of the Revised
Code THIS
CHAPTER in the
name of the person INDIVIDUAL who meets the
qualifications REQUIREMENTS of and who takes
the examination required by that section 4740.06 OF THE
REVISED CODE.
(B) Any person INDIVIDUAL may request, at the time of applying
for a
qualification certificate LICENSE or at any time thereafter,
that his rights
in the qualification certificate INDIVIDUAL'S LICENSE be
assigned to
a business
entity with whom he THE INDIVIDUAL is associated as a full-time
officer,
proprietor, partner, or employee. If the person INDIVIDUAL is
issued or
holds a qualification certificate LICENSE and meets the
requirements of
this section for the assignment of his rights in
the
qualification certificate LICENSE to a business entity, the
administrative section shall assign the certificate holder's
rights LICENSE to and issue the qualification certificate
A LICENSE in the
name of
the business entity. The qualification certificate LICENSE
assigned and
issued to a business entity under this division shall state the
name and position of the person INDIVIDUAL who assigned his
right in the
qualification certificate LICENSE to the business entity.
(C) During the period the A business entity holds the
qualification certificate A LICENSE issued under division
(A)(B) of this
section, the administrative section shall not issue a
qualification certificate to the person INDIVIDUAL who
assigned his
rights in the qualification certificate LICENSE to the
business entity
ANOTHER LICENSE FOR THE SAME TYPE OF CONTRACTING FOR WHICH THE ASSIGNED
LICENSE IS UTILIZED BY THE BUSINESS ENTITY.
(D)(1) If the person AN INDIVIDUAL who assigned his
rights in a
qualification certificate LICENSE to a business entity
becomes
disassociated CEASES TO BE ASSOCIATED with the business entity
FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEATH OF THE INDIVIDUAL,
the person INDIVIDUAL OR BUSINESS ENTITY immediately
shall notify the appropriate section of the board of his
disassociation THE DATE ON WHICH THE INDIVIDUAL CEASED TO BE ASSOCIATED
WITH THE BUSINESS ENTITY. A qualification certificate
LICENSE assigned to
a
business entity is invalid ninety days after the disassociation
DATE ON WHICH THE INDIVIDUAL WHO ASSIGNED THE LICENSE
CEASES TO BE ASSOCIATED WITH THE BUSINESS ENTITY.
(2) IF A LICENSE ASSIGNED TO A BUSINESS ENTITY
BECOMES INVALID PURSUANT TO DIVISION
(D)(1) OF THIS SECTION AND
ANOTHER INDIVIDUAL HAS ASSIGNED A LICENSE TO THE BUSINESS
ENTITY FOR THE SAME TYPE OF CONTRACTING FOR WHICH THE
INVALIDATED LICENSE HAD BEEN ASSIGNED, THE BUSINESS ENTITY
MAY CONTINUE TO OPERATE UNDER THE OTHER ASSIGNED
LICENSE.
(E) Any work conducted by a business entity under a
qualification certificate LICENSE assigned under this section is
deemed
to be conducted under the personal supervision of the person
INDIVIDUAL
named in the qualification certificate LICENSE and all
violations of any
terms of the qualification certificate LICENSE are
imputed DEEMED
to HAVE BEEN COMMITTED BY the person INDIVIDUAL
named in the qualification certificate LICENSE.
FOR THE PERIOD OF TIME DURING WHICH MORE THAN ONE
LICENSE FOR THE SAME TYPE OF CONTRACTING IS ASSIGNED UNDER
THIS SECTION TO A BUSINESS ENTITY, ANY WORK CONDUCTED BY THE
BUSINESS ENTITY UNDER ANY OF THOSE LICENSES IS DEEMED TO BE
CONDUCTED UNDER THE PERSONAL SUPERVISION OF THE INDIVIDUALS
NAMED IN EACH OF THE LICENSES AND ALL VIOLATIONS OF ANY
TERMS OF ANY OF THE LICENSES ARE DEEMED TO HAVE BEEN
COMMITTED BY THE INDIVIDUALS NAMED IN EACH OF THE
LICENSES.
(F) No person INDIVIDUAL who assigns his rights in a
qualification
certificate LICENSE to a business entity under division (B) of this
section:
(1) Is eligible to receive a separate qualification
certificate in his name during the time the
business entity holds
the certificate;
(2) Shall SHALL assign his rights in a
qualification
certificate LICENSE FOR THE SAME TYPE OF CONTRACTING
to a ANOTHER business entity, if that assignment takes place
within
UNTIL AFTER
ninety days after the person becomes disassociated INDIVIDUAL CEASES
TO BE ASSOCIATED with a THE
business entity to whom the person INDIVIDUAL had previously
assigned his
rights to a qualification certificate LICENSE.
(G) Any person INDIVIDUAL who assigns his rights in a
qualification
certificate LICENSE to a business entity under this section shall
be
actively engaged in the business AS THE TYPE OF CONTRACTOR for
which the qualification
certificate LICENSE is issued and be readily available for
consultation
with the business entity to which the qualification certificate
LICENSE
is assigned.
(H) No qualification certificate LICENSE assigned under this
section shall be used by ASSIGNED TO more than one business
entity at a time.
Sec. 4740.08. Upon application to the appropriate section
of the Ohio construction industry examining board and payment of
the fee specified in DETERMINED PURSUANT TO section 4740.09 of
the Revised Code for the
issuance of a qualification certificate LICENSE, the appropriate
section
of the board shall direct AUTHORIZE the administrative section
of the board
to issue, without examination, a qualification certificate
LICENSE to an
individual registered, licensed, or certified in another state of
the United States, provided that the appropriate section of the
board determines pursuant to the rule adopted under division
(A)(5) of section 4740.05 of the Revised Code that the
requirements for registration, licensure, or certification under
the laws of the other state of the United States are
substantially equal to the requirements for the issuance of a
qualification certificate LICENSURE in this state and further
provided that
such other state extends similar reciprocity to holders of
qualification certificates PERSONS LICENSED under this chapter.
THE APPROPRIATE
SECTION OF THE BOARD MAY WITHDRAW ITS
AUTHORIZATION TO THE ADMINISTRATIVE SECTION FOR ISSUANCE OF A
LICENSE FOR GOOD CAUSE SHOWN PRIOR TO THE ADMINISTRATIVE
SECTION'S ISSUANCE OF THE LICENSE.
Sec. 4740.09. (A) The fees for the qualification
certificates LICENSES and their renewal, and for applying to
take the examinations
required for the
issuance of qualification certificates are as follows:
(1) Twenty-five dollars for the application to take the required
examination for each qualification certificate. This fee is in addition to
the fee described in division (A)(2) of section 4740.05 of the Revised Code
that may be charged to the applicant by a third party responsible for the
preparation, administration, and scoring of the examination.
(2) Twenty-five dollars for the issuance of each
qualification certificate;
(3) Forty dollars for the annual renewal of each
qualification certificate.
(B) Subject INCLUDING LATE FEES, SUBJECT to the approval of the
controlling board, the
administrative SHALL BE DETERMINED BY EACH RESPECTIVE SECTION OF THE
OHIO CONSTRUCTION INDUSTRY EXAMINING BOARD. EACH RESPECTIVE
section of the Ohio construction industry
examining board may increase the THESE fees specified in
division (A)
of this section, provided that no increase exceeds fifty per cent
of the fees specified in that division LOWEST FEE DETERMINED BY THAT
SECTION OF THE BOARD DURING THE THREE-YEAR PERIOD IMMEDIATELY PRECEDING AN
INCREASE, AND FURTHER PROVIDED THAT NO INCREASE IS MADE MORE THAN ONCE A
YEAR.
Sec. 4740.10. (A) The heating, ventilating, air
conditioning, and refrigeration section of the Ohio construction
industry examining board for heating, ventilating, and air
conditioning contractors and for refrigeration contractors; the
electrical section of the board for electrical contractors; the
plumbing section of the board for plumbing contractors; and both
the plumbing section and the heating, ventilating, air
conditioning, and refrigeration section for hydronics contractors
may SUSPEND OR REVOKE A LICENSE AND MAY direct the administrative
section of the board to suspend,
revoke, or refuse to issue or renew any qualification
certificate A LICENSE
if the section of the board finds that the applicant or
certificate holder LICENSEE has done any of the following:
(1) Been convicted of a misdemeanor involving moral
turpitude or a felony;
(2) Violated any provision of this chapter or the rules
adopted pursuant thereto;
(3) Obtained his
qualification certificate A LICENSE or any board or
section order, ruling, or authorization OF THE BOARD by means
of fraud or,
misrepresentation, OR DECEPTION;
(4) Been guilty of gross misconduct in pursuit of his
profession ENGAGED IN FRAUD, MISREPRESENTATION, OR DECEPTION IN THE
CONDUCT OF BUSINESS.
(B) The appropriate section of the board shall determine
the length OF TIME that a qualification certificate
LICENSE is to be
suspended or AND
whether OR WHEN an individual whose qualification certificate
LICENSE
has been
revoked may apply for reinstatement and, if so, when. The
appropriate section of the board may accept or refuse an
application for reinstatement and may require an examination for
reinstatement.
(C) THE APPROPRIATE SECTION OF THE BOARD MAY INVESTIGATE ANY ALLEGED
VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT THERETO.
If, AFTER ITS INVESTIGATION, A SECTION OF THE BOARD DETERMINES
THAT any person has engaged or is engaging in any
practice that violates this chapter or the rules adopted pursuant
thereto, the administrative THAT section of the board may
apply to the
court of common pleas of the county in which the alleged SECTION
DETERMINED THAT THE
violation occurred or is occurring for an injunction or other
appropriate relief to restrain the act ENJOIN OR TERMINATE THE
VIOLATION.
(D) Any person who wishes to make a complaint against a
person who holds a qualification certificate LICENSE shall
submit the
complaint in writing to the appropriate section of the board
within one year after the date of the action or event upon which
the complaint is based.
Sec. 4740.12. (A) Except as otherwise provided in this
chapter, only a municipal corporation pursuant to section 715.27
of the Revised Code or a board of county commissioners pursuant
to section 3781.102 of the Revised Code shall regulate the
licensing of heating, ventilating, and air conditioning
contractors, refrigeration contractors, electrical contractors,
plumbing contractors, and hydronics contractors.
(B) Nothing in this chapter shall be construed to limit
the operation of any statute or rule of this state or any
ordinance or rule of any political subdivision, district, or
agency of the state that:
(1)(A) Regulates the installation, repair, maintenance, or
alteration of plumbing systems, electrical systems, heating,
ventilating, and air conditioning systems, or refrigeration
systems;
(2)(B) Requires the registration and assessment of a
registration or license fee of individuals who are engaged in the
business of TRADESPERSONS WHO PERFORM heating, ventilating, and air
conditioning,
refrigeration, electrical, plumbing, or hydronics contracting
CONSTRUCTION, IMPROVEMENT, RENOVATION, REPAIR, OR MAINTENANCE.
Section 2. That existing sections 715.27, 3781.102, 4740.01,
4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08,
4740.09, 4740.10, and 4740.12, and sections 4740.13 and 4740.99
of the Revised Code are hereby repealed.
Section 3. (A) On or before one hundred twenty days after the
effective date of this section, the Ohio Construction Industry
Examining Board shall send notice by regular mail to the
legislative authority of a municipal corporation and to the
board of county commissioners of every
county that, prior to the effective date of this section, provided
for the licensing or registration of heating, ventilating, and
air conditioning contractors, refrigeration contractors,
plumbing contractors, electrical contractors, or hydronics
contractors, informing the municipal corporation and board of
county commissioners of the provisions of this act.
(B) Within ninety days after the effective date of this section,
the board shall publish notice of the provisions of this act in
appropriate trade publications and in a newspaper of general
circulation in each of the nine most populous metropolitan areas
of this state, once a week for three consecutive weeks.
Section 4. (A) The heating, ventilating, air conditioning, and
refrigeration section of the Ohio Construction Industry
Examining Board for heating, ventilating, and air conditioning
contractors and refrigeration contractors; the plumbing section
of the board for plumbing contractors; the electrical section
for electrical contractors; and both the heating, ventilating,
air conditioning, and refrigeration section and the plumbing
section for hydronics contractors shall issue a
license for
those types of contractors, as appropriate, to any individual
who meets the criteria described in division (B) or (C) of this
section.
(B) The individual does all of the following:
(1) Applies to the appropriate section of the board within
seven months after the effective date of this section;
(2) Pays the appropriate fee determined pursuant to section
4740.09 of the Revised Code;
(3) Has been actively engaged as a heating, ventilating, and
air conditioning contractor, refrigeration contractor, plumbing
contractor, electrical contractor, or hydronics contractor, as
applicable, in this state for at least three years immediately
prior to the effective date of this section;
(4) Furnishes business records or other evidence to verify the
experience required under division (C)(1)(c) of this section to
the satisfaction of the appropriate section of the board;
(5) Provides evidence of all of the following:
(a) Current contractor's liability insurance, including without
limitation, complete operations coverage, in the amount of three
hundred thousand dollars;
(b) Compliance with Chapters 4121. and 4123. of the Revised
Code;
(c) Compliance with any other applicable legal requirements to
do business in this state, as determined by the board.
(C) The individual applies to the appropriate section of the
board within one year after the effective date of this section, pays
the appropriate fee determined pursuant to section 4740.09 of
the Revised Code, and demonstrates that the individual satisfies
qualification requirements as the board determines, to the
board's satisfaction.
(D) Notwithstanding division (B)(5)(a) of this section, when more than one
individual affiliated with a business entity is issued a license pursuant to
division (B) or (C) of this section, those individuals collectively shall
provide to the appropriate section of the board evidence of current
contractor's liability coverage, including complete operations coverage, in
the total amount of three hundred thousand dollars.
(E) A person who holds a valid and unexpired qualification
certificate issued prior to the effective date of this section under
Chapter 4740. of the Revised Code and who provides evidence of
current contractor's liability insurance, including, without
limitation, complete operations coverage, in the amount of three
hundred thousand dollars, shall be deemed by the Ohio
Construction Industry Examining Board as holding a license
under this act until the expiration date of the qualification
certificate. Thereafter, licensure renewal shall be
in accordance with Sections 1 and 2 of this act.
Section 5. Sections 1 and 2 of this act shall take effect one
hundred eighty days after the effective date of this section.
Section 6. In enacting this legislation, both of the following are the intent
of
the General Assembly:
(A) That the provisions of this act are general
laws created in the exercise of the state's police power,
arising out of matters of statewide concern, and are designed
for the health, safety, and welfare of contractors, their
employees, and the public;
(B) That the provisions of this act eliminate duplicative bureaucracies to
create a system under which an affected contractor may obtain a single license
to permit the contractor to do business in all parts of this state and to
obtain authorization to do business in other states.
Section 7. In enacting this legislation, it is not the intent of
the General Assembly to classify or reclassify construction
activities to place them under the scope of this act, or to
interfere with the right of a construction employer to assign
employees to construction activities as enunciated by the Ohio
Supreme Court in Pipefitters Union Local 392 v. Kokosing
Construction Co., Inc. (1998) 81 Ohio St.3d 214, regardless of
whether the construction activities are governed by the rules adopted by
the Board of Building Standards pursuant to Chapter 3781. of the Revised
Code.
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