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Sub. S. B. No. 179As Reported by the House Homeland Security, Engineering and Architectural Design CommitteeAs Reported by the House Homeland Security, Engineering and Architectural Design Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Nein, Carey, Stivers, Harris
REPRESENTATIVE Hagan
A BILL
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;
(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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