130th Ohio General Assembly
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(125th General Assembly)
(Substitute Senate Bill Number 179)



AN ACT
To amend sections 715.27, 3703.10, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07 and to enact sections 3703.21 and 4740.99 of the Revised Code to change the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board, to make other changes related to the licensing of trade contractors, and to permit the Ohio Turnpike Commission to keep cost estimates for specified construction projects confidential until all bids are received.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 715.27, 3703.10, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07 be amended and sections 3703.21 and 4740.99 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) Provide for the licensing of house movers; plumbers; sewer tappers; vault cleaners; and specialty contractors who are not required to hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code.

A municipal corporation may, pursuant to division (A)(3) of this section, require;

(4) Require all specialty contractors other than those who hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, 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.

(B) No municipal corporation shall require any specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage in the type of contracting for which the license is held, within the municipal corporation.

(C) For a specialty A municipal corporation may require a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, to register with the municipal corporation and pay any fee the municipal corporation imposes before that specialty contractor may engage within the municipal corporation in the type of contracting for which the license is held within the municipal corporation, a municipal corporation may require the contractor to register with the municipal corporation and may impose a fee, provided that the. Any fee is shall be the same for all specialty contractors who wish to engage in that the same type of contracting, and. A municipal corporation 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 a municipal corporation requires registration, imposes such a fee, or 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 a contractor who presents proof of holding a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, who registers, pays the fee, obtains a bond, and submits the proof described under divisions (C)(1), (2), and (3) of this section, as required, to engage in the type of contracting for which the license is held, within the municipal corporation.

(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.

(E) A municipal corporation that licenses specialty contractors pursuant to division (A)(3) of this section may accept, for purposes of satisfying the requirements of that division its licensing requirements, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by a specialty contractor holds, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(F) A municipal corporation shall not register a specialty contractor who is required to hold a license under Chapter 4740. of the Revised Code but does not hold a valid license issued under that chapter.

(G) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, as those terms contractors are defined in section 4740.01 described in Chapter 4740. of the Revised Code.

Sec. 3703.10.  All prosecutions and proceedings by the department of commerce for the violation of sections 3703.01 to 3703.09 of the Revised Code, or for the violation of any of the orders or rules of the department under those sections, shall be instituted by the director of commerce. All fines or judgments collected by the department shall be paid into the state treasury to the credit of the industrial compliance operating fund created by section 121.084 of the Revised Code.

The director, the board of health of a general or city health district, or any person charged with enforcing the rules of the department adopted under sections 3703.01 to 3703.09 of the Revised Code may petition the court of common pleas for injunctive or other appropriate relief requiring any person violating a rule adopted or order issued by the director under this chapter those sections to comply with the rule or order. The court of common pleas of the county in which the offense is alleged to be occuring occurring may grant injunctive or other appropriate relief.

Sec. 3703.21.  (A) Within ninety days after the effective date of this section, the superintendent of the division of industrial compliance shall appoint a backflow advisory board consisting of not more than ten members, who shall serve at the pleasure of the superintendent. The superintendent shall appoint a representative from the plumbing section of the division of industrial compliance, three representatives recommended by the plumbing administrator of the division of industrial compliance, a representative of the drinking water program of the Ohio environmental protection agency, three representatives recommended by the director of environmental protection, and not more than two members who are not employed by the plumbing or water industry.

The board shall advise the superintendent on matters pertaining to the training and certification of backflow technicians.

(B) The superintendent shall adopt rules in accordance with Chapter 119. of the Revised Code to provide for the certification of backflow technicians. The rules shall establish all of the following requirements, specifications, and procedures:

(1) Requirements and procedures for the initial certification of backflow technicians, including eligibility criteria and application requirements and fees;

(2) Specifications concerning and procedures for taking examinations required for certification as a backflow technician, including eligibility criteria to take the examination and application requirements and fees for taking the examination;

(3) Specifications concerning and procedures for renewing a certification as a backflow technician, including eligibility criteria, application requirements, and fees for renewal;

(4) Specifications concerning and procedures for both of the following:

(a) Approval of training agencies authorized to teach required courses to candidates for certification as backflow technicians or continuing education courses to certified backflow technicians;

(b) Renewal of the approval described in division (B)(4)(a) of this section.

(5) Education requirements that candidates for initial certification as backflow technicians must satisfy and continuing education requirements that certified backflow technicians must satisfy;

(6) Grounds and procedures for denying, suspending, or revoking certification, or denying the renewal of certification, as a backflow technician;

(7) Procedures for issuing administrative orders for the remedy of any violation of this section or any rule adopted pursuant to division (B) of this section, including, but not limited to, procedures for assessing a civil penalty authorized under division (D) of this section;

(8) Any provision the superintendent determines is necessary to administer or enforce this section.

(C) No individual shall engage in the installation, testing, or repair of any isolation backflow prevention device unless that individual possesses a valid certification as a backflow technician. This division does not apply with respect to the installation, testing, or repair of any containment backflow prevention device.

(D) Whoever violates division (C) of this section or any rule adopted pursuant to division (B) of this section shall pay a civil penalty of not more than five thousand dollars for each day that the violation continues. The superintendent may, by order, assess a civil penalty under this division, or may request the attorney general to bring a civil action to impose the civil penalty in the court of common pleas of the county in which the violation occurred or where the violator resides.

(E) Any action taken under a rule adopted pursuant to division (B)(6) of this section is subject to the appeal process of Chapter 119. of the Revised Code. An administrative order issued pursuant to rules adopted under division (B)(7) of this section and an appeal to that type of administrative order shall be executed in accordance with Chapter 119. of the Revised Code.

(F) As used in this section:

(1) "Isolation backflow prevention device" means a device for the prevention of the backflow of liquids, solids, or gases that is regulated by the building code adopted pursuant to section 3781.10 of the Revised Code and rules adopted pursuant to this section.

(2) "Containment backflow prevention device" means a device for the prevention of the backflow of liquids, solids, or gases that is installed by the supplier of, or as a requirement of, any public water system as defined in division (A) of section 6109.01 of the Revised Code.

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 that, as of 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 the buildings or classes of buildings subject to the provisions of division (E) of section 3781.10 of the Revised Code.

(B) 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 who are not required to hold a valid and unexpired license pursuant to Chapter 4740. of the Revised Code.

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 specialty contractors pursuant to section 715.27 of the Revised Code.

A board of county commissioners, pursuant to this division, may require all electrical contractors and heating, ventilating, and air conditioning contractors, other than those who hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, 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 this division.

(C) No board of county commissioners shall require any specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage in the 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.

(D) A board may impose a fee for registration of a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code before that specialty contractor may engage in the 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, provided that the fee is the same for all specialty contractors who wish to engage in that type of contracting. If a board imposes such a fee, the board immediately shall permit a specialty contractor who presents proof of holding a valid and unexpired license and pays the required fee to engage in the 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.

(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) Each political subdivision that prescribes fees pursuant to division (E) of this section shall collect, on behalf of the board of building standards, a fee equal to three per cent of such those 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.

(G) A board of county commissioners that adopts rules providing for the licensing of electrical and heating, ventilating, and air conditioning contractors, pursuant to division (B) of this section, may accept, for purposes of satisfying the requirements of rules adopted under that division, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by an electrical or heating, ventilating, and air conditioning contractor, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(H) A board of county commissioners shall not register a specialty contractor who is required to hold a license under Chapter 4740. of the Revised Code but does not hold a valid license issued under that chapter.

(I) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, as those terms contractors are defined in section 4740.01 described in Chapter 4740. of the Revised Code.

Sec. 4740.01.  As used in this chapter:

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

(B) "Heating, ventilating, and air conditioning contractor Contractor" means any individual or business entity who that 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 construction, improvement, renovation, repair, testing, or maintenance on a construction project with respect to one or more trades and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to perform, direct, supervise, or have responsibility for the means, method, and manner of heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance with respect to one or more trades on a construction project;

(2) Is a tradesperson Performs 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 with respect to the contractor's trades.

(C) "Refrigeration contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of refrigeration construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of refrigeration 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 satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of electrical construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of electrical 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 used in this chapter, "electrical contracting" does not include the construction, improvement, renovation, repair, or maintenance of any 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 satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of plumbing construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to 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 satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of hydronics construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of hydronics 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) "Contractor" "Licensed trade" means a trade performed by a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor.

(H)(D) "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)(E) "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 involving the following buildings or structures:

(1) An an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code;

(2) A or 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 licensing board, consisting of seventeen residents of this state. The board shall consist of have 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 the director's designee shall serve as a member of the administrative section and the director shall appoint to the administrative section to represent the public, 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 Each section, other than the administrative section, shall annually elect a member of their own respective its section to serve a one-year term on the administrative section.

(B) The plumbing section shall consist consists of five members, one of whom is a plumbing inspector employed by the department of commerce, a municipal corporation, or a health district, two 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.

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

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

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

(D) The heating, ventilating, air conditioning, and refrigeration section shall consist consists of five members, one of whom is a 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 who have no affiliation with any union representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons; and two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who are signatories to agreements with unions representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons.

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

(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 appointment until the end of the term for which 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 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 the member's a term until the member's a successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(F) Before entering upon the discharge of 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 director's designee the director appoints under division (A) 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 official duties.

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

(I) Membership on the board and holding 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 holding a position as an officer or member of the board.

(J) The board, 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 licensing 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 licenses 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 industrial compliance operating fund created pursuant to section 4740.11 121.084 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 licensing board is responsible for the administration of this chapter and shall do all of the following:

(A) Schedule the contractor examinations for heating, ventilating, and air conditioning contractors, refrigeration contractors, electrical contractors, plumbing contractors, and hydronics contractors, as directed by the applicable section each of the other sections of the board directs. The administrative section shall schedule examinations to Each type of examination shall 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, authorizes for administering the examination;

(4) Design the examination for each type of contractor to determine an applicant's competence to perform the that type of contracting for which the applicant is seeking licensure.

(C) Issue and renew licenses to individuals who have attained at least the minimum score on an examination 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 appropriate section authorizes for the licensed trade. Hydronics contractors shall pass the examinations for both the plumbing section and the heating, ventilating, air conditioning, and refrigeration section. The appropriate section shall determine whether the individual also is qualified as required by section 4740.06 of the Revised Code to hold a license;.

(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 license to, and the license number of, every heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, and hydronics contractor issued a 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;. The rules shall include, but not be limited to, the following:

(1) Application procedures for examinations;

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

(a) Criteria for continuing education courses conducted pursuant to this chapter;

(b) A requirement that individuals holding a valid and unexpired license accrue ten hours of continuing education courses per year;

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

(d) A prohibition against any person providing a continuing education course unless the administrative section of the board approved that person not more than one year prior to the date the course is offered;

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

(f) A provision limiting approval of continuing education courses to one year.

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

(I) Grant approval to a person or entity to offer continuing education courses pursuant to rules the board adopts;

(J) 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 (A) Each section of the Ohio construction industry examining licensing 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, other than the administrative section, shall do all of the following:

(A)(1) Adopt rules in accordance with Chapter 119. of the Revised Code as this chapter relates to their respective sections. The rules shall be that are limited to the following:

(1) Application procedures for examinations;

(2) 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)(a) Criteria for the section of the board shall to use in evaluating the qualifications of an individual;

(4)(b) Criteria for the section of the board shall to use in deciding whether to authorize the administrative section to issue, renew, suspend, revoke, or refuse to issue or renew a license;

(5) Determinations (c) The determinations and approvals made the section makes under the reciprocity provision of section 4740.08 of the Revised Code.

(B)(2) Investigate allegations in reference to violations of this chapter and the rules adopted pursuant thereto pertaining to it that pertain to the section and determine by rule a procedure for to conduct investigations and hearings on these allegations;

(C)(3) Maintain a record of its proceedings;

(D) Grant approval to persons to offer continuing education courses pursuant to rules adopted under division (A)(2) of this section;

(E)(4) As required, do all things necessary to carry out this chapter.

(B) In accordance with rules they establish, the trade sections of the board shall authorize the administrative section to issue, renew, suspend, revoke, or refuse to issue or renew licenses for the classes of contractors for which each has primary responsibility as set forth in section 4740.02 of the Revised Code.

(C) Each trade section of the board shall establish or approve a continuing education curriculum for license renewal for each class of contractors for which the section has primary responsibility. No curriculum may require that more than five hours out of the ten total required per year be specific course requirements.

Sec. 4740.06. (A) Any individual who applies for a license shall file a written application with the appropriate section of the Ohio construction industry examining licensing board, accompanied with the application fee as determined pursuant to section 4740.09 of the Revised Code. The 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 the section of the board prescribes and verified by the applicant's oath. It shall contain The applicant shall provide information satisfactory to the appropriate section showing that the applicant meets the requirements of division (B) of this section.

(B) To qualify to take the an 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 or legal alien who produces valid documentation to demonstrate the individual is a legal resident of the United States;

(3) Either have been a tradesperson for in the type of contractor licensed trade 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 appropriate 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 determines;

(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 it;

(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 When an applicant for licensure as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor in a licensed trade 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 was filed, shall authorize the administrative section of the board to license the applicant for the type of contractor's license for which 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 license issued under this chapter expires one year after the date of issue, but each. An individual holding a valid, unexpired license may renew the license, without reexamination, by applying submitting an application to the appropriate section of the board not more than ninety calendar days before the expiration of the license, and submitting with the application along with the renewal fee as determined pursuant to section 4740.09 of the Revised Code the section requires and proof of compliance with the applicable continuing education requirements applicable to that contractor. The renewal application applicant shall contain provide information in the renewal application satisfactory to demonstrate to the appropriate section of the board showing that the applicant continues to meet the requirements of division (B) of this section.

The appropriate Upon application and within one calendar year after a license has expired, a section of the board may waive any of the requirements for renewal of a license upon finding that the an applicant substantially has met meets the renewal requirements or that failure to timely apply for renewal is due to excusable neglect. If, in renewing a license, a A section of the board that waives requirements for renewal, that section of a license may impose conditions upon that the licensee and assess a late filing fee of not more than double the usual renewal fee. An applicant shall satisfy any condition the section imposes before a license is reissued.

(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 determines.

(F) Except for the ninety-day extension provided for a license assigned to a business entity 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 licensing board shall be construed to limit or eliminate any requirement of or any license issued by the Ohio fire marshal.

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

(B) Any individual may request, at the time of applying for a license or at any time thereafter, that the individual's license be assigned to a business entity with whom the individual is associated as a full-time officer, proprietor, partner, or employee. If the individual is issued or holds a license and meets the requirements of this section for the assignment of the license to a business entity, the administrative section shall assign the license to and issue a license in the name of the business entity. The license assigned and issued to a business entity under this division shall state the name and position of the individual who assigned the license to the business entity.

(C) During the period a business entity holds a license issued under division (B) of this section, the administrative section shall not issue another license to the individual who assigned the license to the business entity another license for the same type of contracting for which the business entity utilizes the assigned license is utilized by the business entity.

(D)(1) If an individual who assigned a license to a business entity ceases to be associated with the business entity for any reason, including, without limitation, the death of the individual, the individual or business entity immediately shall notify the appropriate section of the board of the date on which the individual ceased to be associated with the business entity. A license assigned to a business entity is invalid ninety calendar days after the 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 conducts under a license assigned under this section is deemed to be conducted under the personal supervision of the individual named in the license and all violations any violation of any terms term of the license are is deemed to have been committed by the individual named in the 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 conducts under any of those licenses is deemed to be conducted under the personal supervision of the individuals named in each of the those licenses and all violations any violation of any terms term of any of the licenses are license is deemed to have been committed by the individuals named in each all of the licenses.

(F) No individual who assigns a license to a business entity under division (B) of this section shall assign a license for the same type of contracting to another business entity until after ninety days after the individual ceases to be associated with the business entity to whom which the individual had previously assigned a license.

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

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

Sec. 4740.08.  Upon application When an individual who is registered, licensed, or certified in another state applies to the appropriate section of the Ohio construction industry examining licensing board and payment of pays the licensure fee determined pursuant to section 4740.09 of the Revised Code for the issuance of a license, the appropriate section of the board shall authorize the administrative section of the board to issue, without examination, a license to an that individual registered, licensed, or certified in another state of the United States, provided that if the appropriate section of the board determines, pursuant to the rule adopted under division (A)(5) of section 4740.05 of the Revised Code rules it adopts, 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 licensure in this state and further provided that such the other state extends similar reciprocity to 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. 4740.10.  (A) The heating, ventilating, air conditioning, and refrigeration appropriate section of the Ohio construction industry examining licensing 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 may take any of the following actions against a licensee who violates Chapter 4740. of the Revised Code:

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

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

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

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

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

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

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

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

(4)(d) 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 license is to be suspended and whether or when an individual whose license has been revoked may apply for reinstatement. 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 the rules adopted pursuant thereto to it. If, after its an 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 to it, that section may apply to the court of common pleas of the county in which the section determined that the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

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

Sec. 4740.101.  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the construction industry examining licensing board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter.

Sec. 4740.11.  The Ohio construction industry examining licensing board and its sections shall deposit all receipts and fines collected under this chapter into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

Sec. 4740.12.  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 does either of the following:

(A) Regulates the installation, repair, maintenance, or alteration of plumbing systems, hydronics systems, electrical systems, heating, ventilating, and air conditioning systems, or refrigeration systems;

(B) Requires the registration and assessment of a registration or license fee of tradespersons who perform heating, ventilating, and air conditioning, refrigeration, electrical, plumbing, or hydronics construction, improvement, renovation, repair, or maintenance.

Sec. 4740.13. (A) No person shall act as or claim to be a heating, ventilating, and air conditioning contractor, refrigeration contractor, plumbing contractor, electrical contractor, or hydronics a type of contractor that this chapter licenses 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.

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

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

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

Sec. 4740.99. Whoever violates division (A) of section 4740.13 of the Revised Code is guilty of a minor misdemeanor on the first violation and a misdemeanor of the fourth degree on subsequent violations.

Sec. 5537.07.  (A) When the cost to the Ohio turnpike commission under any contract with a person other than a governmental agency involves an expenditure of more than ten thousand dollars, the commission shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in Franklin county, and in such other publications as the commission determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. The commission may require that the cost estimate for the construction, demolition, alteration, repair, improvement, renovation, or reconstruction of roadways and bridges for which the commission is required to receive bids be kept confidential and remain confidential until after all bids for the public improvement have been received or the deadline for receiving bids has passed. Thereafter, and before opening the bids submitted for the roadways and bridges, the commission shall make the cost estimate public knowledge by reading the cost estimate in a public place. The commission may reject any and all bids. The requirements of this division do not apply to contracts for the acquisition of real property or compensation for professional or other personal services.

(B) Each bid for a contract for construction, demolition, alteration, repair, improvement, renovation, or reconstruction shall contain the full name of every person interested in it and shall meet the requirements of section 153.54 of the Revised Code.

(C) Each bid for a contract, other than for a contract referred to in division (B) of this section, shall contain the full name of every person interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured.

(D) A bond with good and sufficient surety, approved by the commission, shall be required of every contractor awarded a contract, other than a contract referred to in division (B) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon the faithful performance of the contract.

SECTION 2. That existing sections 715.27, 3703.10, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.10, 4740.101, 4740.11, 4740.12, 4740.13, and 5537.07 of the Revised Code are hereby repealed.

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