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Sub. H. B. No. 444 As Reported by the Senate Insurance, Commerce and Labor CommitteeAs Reported by the Senate Insurance, Commerce and Labor Committee
127th General Assembly | Regular Session | 2007-2008 |
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Representative Stewart, J.
Cosponsors:
Representatives Szollosi, Luckie, Bolon, Book, Boyd, Brady, Brown, Budish, Celeste, Chandler, DeBose, Domenick, Driehaus, Dyer, Evans, Fende, Foley, Garrison, Gerberry, Goyal, Harwood, Heard, Koziura, Letson, Lundy, McGregor, J., Newcomb, Okey, Patton, Sayre, Slesnick, Stewart, D., Ujvagi, Williams, B., Williams, S., Yuko
Senator Miller, D.
A BILL
To amend sections 3781.111, 4517.21, 4740.01,
4740.02, 4740.04, and
4740.07 and to enact
section 4740.16 of the
Revised Code to make
changes to the construction
industry licensing
laws, to discipline unlicensed
contractors,
eliminate unlicensed contractor
activity, to
provide that an insurer or subrogee may sell
through a licensed
motor vehicle auction owner a
motor vehicle that comes into its
possession
through the operation of an insurance contract,
and to
require
the Ohio Civil Rights Commission
to deem that specified
persons
involved with the
construction of a building have
complied with
the
Americans with Disabilities Act if the owner
of that building
obtained a proper
building
permit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3781.111, 4517.21, 4740.01, 4740.02,
4740.04, and
4740.07 be amended and section 4740.16 of the
Revised Code be
enacted to read as follows:
Sec. 3781.111. (A) In addition to the powers conferred by
any other section of the Revised Code, the board of building
standards shall adopt standards and rules to facilitate the
reasonable access and use by all persons with a disability of all
buildings and the facilities of buildings for which plans are
submitted for approval under section 3791.04 of the Revised Code.
No standard or rule shall be applied to any building the plans or
drawings, specifications, and date of which have been approved
prior to the time that the standard or rule takes effect.
(B)(1) Except as otherwise provided in this section, the
standards and rules adopted by the board pursuant to this section
shall be in accordance with the "Americans with
Disabilities Act
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and the
"Fair Housing
Amendments Act of 1988," 102 Stat. 1619, 42 U.S.C.A.
3601, as amended.
(2) If the owner of a building obtains a license to commence
construction of that building as required under section 3791.04 of
the Revised Code, for purposes of enforcement by the Ohio civil
rights commission,
the following persons who prepared the plans,
drawings,
specifications, or data submitted to obtain that
license, are deemed to have
complied with the "Americans with
Disabilities Act of 1990," 104
Stat., 42 U.S.C. 12101:
(b) An architect registered under Chapter 4703. of the
Revised Code;
(c) A professional engineer registered under Chapter 4733. of
the Revised Code;
(d) Persons other than registered architects or registered
engineers who are permitted, pursuant to sections 3791.04,
4703.18, and 4733.18 of the Revised Code, to submit such plans,
drawings, specifications, or data.
(C) All signs posted to designate special parking
locations
for persons with a disability and persons with disabilities that
limit or impair the ability to walk in accordance with division
(E)
of section 4511.69 of the Revised Code and the standards and
rules adopted pursuant to this section shall be mounted on a
fixed
or movable post or otherwise affixed in a vertical position
at a
height so that the sign is clearly visible to the driver of
a
vehicle when parked in such a location. If a new sign or a
replacement
sign designating a special parking location is posted
on or after the
effective date of this amendment October 14,
1999,
there also shall be affixed upon the surface
of that sign or
affixed next to the designating sign a notice that states the
fine
applicable for the offense of parking a motor vehicle in the
special designated parking location if the motor vehicle is not
legally entitled to be parked in that location.
(D) As used in this section, "disability" has the
same
meaning as in section 4112.01 of the Revised Code. As used in
division
(C) of this section, "persons with disabilities that
limit or impair the
ability to walk" has the same meaning as in
division (A)(1) of section 4503.44
of the Revised Code.
(E) No owner of a building or facility where special
parking
locations for persons with a disability must be designated in
accordance with the standards and rules adopted pursuant to this
section shall fail to properly mark the special parking locations
as required by those standards and rules or fail to maintain the
markings of the special parking locations, including the erection
and maintenance of the fixed or movable signs.
Sec. 4517.21.
(A) No motor vehicle auction owner licensed
under Chapter 4517. of the Revised Code shall:
(1) Engage in the sale of motor vehicles at retail from
the
same licensed location;
(2) Knowingly permit the auctioning of a motor vehicle if
the
motor vehicle auction owner has reasonable cause to
believe it
is
not being offered for
sale by the legal owner of the motor
vehicle;
(3) Knowingly permit the sale of a motor vehicle to any
person except the following:
(a) A motor vehicle dealer licensed in this state or
any
other jurisdiction, or any other person licensed pursuant to
Chapter 4517.
of the Revised Code or a
substantially similar
statute of any other jurisdiction;
(b) A person who purchases a motor vehicle from a licensed
motor vehicle dealer at an auction of motor vehicles conducted at
the licensed motor vehicle dealer's place of business in
accordance with division (B) of this section;
(c)
A person who purchases a classic motor vehicle, as
defined in section 4517.021 of the Revised Code, at an auction
conducted at the established place of business of a licensed motor
vehicle auction owner where only classic motor vehicles are being
auctioned.
(4) Knowingly permit the sale of a motor vehicle by any
person who is not licensed pursuant to Chapter
4517. of the
Revised Code, except by insurers and subrogees selling only
those
motor
vehicles that have come
into their possession
through
the
operation of the terms of an
insurance contract;
(5) Knowingly permit any person to violate section
4517.19
of
the Revised Code;
(6) Deny reasonable inspection of the motor vehicle
auction
owner's business records,
relating to the sale of motor
vehicles,
to the registrar of motor
vehicles or the attorney
general, when
requested in writing to do
so. The motor vehicle
auction owner
shall maintain for a period of six
years
from the
date of the sale
of a motor vehicle at least the
following
information:
(a) The year, make, model and vehicle identification
number
of the motor vehicle;
(b) The name and address of the selling dealer;
(c) The name and address of the buying dealer;
(d) The date of the sale;
(f) The odometer reading of the motor vehicle at the time
of
sale and an odometer disclosure statement from the seller that
complies with subchapter IV of the "Motor Vehicle Information and
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
A motor vehicle auction owner may supplement the required
information
with any additional information the motor vehicle
auction
owner considers appropriate.
(7) Knowingly permit a dealer whose license has been
suspended
or revoked,
or a person whose application for a license
to operate
as a dealer has been denied, to
participate as a buyer
or seller at the motor vehicle auction
owner's auction after
notification by the registrar of the suspension or revocation of
a
license, or denial of an application for a license. The registrar
shall
notify each auction owner by
certified mail, return receipt
requested, within five business
days of the suspension or
revocation of a license, or
the denial of an application for
license. Any motor
vehicle
auction owner who has knowledge of the
presence at the motor
vehicle auction owner's auction of
a dealer
whose license has
been suspended or revoked, or of a person whose
application for a
license to operate as a dealer has been denied,
shall immediately cause the
removal
of the person from the
auction.
(8) Knowingly accept a motor vehicle for sale or possible
sale by a dealer whose license has been
suspended or revoked,
during the period of suspension or
revocation, or by a person
whose application for a license to operate as a
dealer has
been
denied, after notification by the registrar, in accordance
with
division (G) of this section, of the suspension or
revocation of
the license, or denial of an application
for a license.
(9) Knowingly permit the auctioning of a motor vehicle
whose
ownership is not evidenced at the time of auctioning by a
current
certificate of title or a manufacturer's certificate of
origin,
and all title assignments that evidence the seller's
ownership of
the motor vehicle, without first giving clear and
unequivocal
notice of the lack of such evidence.
(B)
Notwithstanding any provision of Chapter 4517. of the
Revised Code to the contrary, a licensed motor vehicle auction
owner, in addition to engaging in the business of auctioning motor
vehicles at the auction owner's established place of business, may
engage in the business of auctioning a licensed motor vehicle
dealer's motor vehicles at that licensed motor vehicle dealer's
established place of business, provided such dealer's place of
business is not owned, operated, or in any way managed by a motor
vehicle auction owner or subsidiary. The motor vehicle auction
owner is not required to obtain an additional license for each
dealer's premises at which the motor vehicle auction owner is
engaging in the business of auctioning motor vehicles, regardless
of whether the dealer's premises are located in another county,
but the motor vehicle auction owner is required to have a
certified copy of the auction owner's license available for
inspection when the auction owner is engaging in the business of
auctioning motor vehicles at an established place of business of a
licensed motor vehicle dealer.
(C) Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree.
Sec. 4740.01. As used in this chapter:
(A) "License" means a
license
the Ohio
construction industry
licensing board issues to an
individual as a
heating, ventilating,
and air
conditioning contractor,
refrigeration contractor,
electrical
contractor, plumbing
contractor, or hydronics
contractor.
(B) "Contractor"
means any individual or business entity that
satisfies both of the
following:
(1) For
compensation, directs Directs, supervises, or has
responsibility for the means,
method, and manner of construction,
improvement,
renovation, repair, 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
construction,
improvement, renovation,
repair, or
maintenance with respect to one or more trades on a
construction project;
(2) Performs or employs has employees who are tradespersons
who perform
construction,
improvement, renovation, repair, or
maintenance on a construction project with respect to the
contractor's trades.
(C)
"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.
(D) "Tradesperson" means an individual employed by a
contractor who 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.
(E) "Construction project" means a construction project
involving
a building or structure subject to
Chapter 3781.
of the
Revised Code
and the rules adopted under that chapter, but
not
an
industrialized unit or a residential building as defined in
section 3781.06 of the Revised Code.
Sec. 4740.02. (A) There is hereby created within the
department of
commerce, the Ohio
construction industry
licensing
board, consisting of seventeen
residents of this state. The board
shall have an
administrative section, a plumbing and hydronics
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
section to represent
the public, one
member
who is not a member
of
any group certified
by any section of the board. Each section, other than the
administrative section, shall annually elect a member of
its
section to serve a one-year term on the
administrative section.
(B) The plumbing and hydronics section 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 and hydronics section has primary responsibility
for the licensure of plumbing contractors and hydronics
contractors.
(C) The electrical section 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 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 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 of
a term until 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, except for the director or the
director's
designee,
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 holding 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. 4740.04. The administrative section of the Ohio
construction industry licensing board is responsible for the
administration of this chapter and shall do all of the following:
(A) Schedule the contractor examinations
each of the other
sections of the board directs.
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:
(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
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 that type of
contracting.
(C) Issue and renew
licenses as follows:
(1) Issue a license to any individual who the appropriate
section of the board determines is qualified pursuant to section
4740.06 of the Revised Code to hold a license and has attained,
within the twelve months preceding the individual's application
for licensure, a
score on the examination that the appropriate
section authorizes
for the licensed trade.
(a) Each license shall include a license number and an
expiration date.
(b) Each license issued to an individual who holds more than
one valid license shall contain the same license number and
expiration date as the original license issued to that individual.
(2) Renew licenses for individuals who meet the renewal
requirements of section 4740.06 of the Revised Code.
(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) A requirement that an individual who holds any number of
valid and unexpired licenses accrue a total of ten hours of
continuing education courses per year;
(b) 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;
(c) A provision limiting approval of continuing education
courses to one year.
(3) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(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)
Keep a record of its proceedings and do all things
necessary to carry out this chapter.
Sec. 4740.07. (A) Except as otherwise provided in this
section, the
administrative section of the Ohio construction
industry
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 An individual may shall request, at the time of
applying
for
a
license or at any time thereafter,
that the
individual's
license be
assigned to
a one 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
for the same type
of
contracting for which the business entity utilizes the assigned
license.
(D)(1) If an individual who assigned a
license to a
business
entity
ceases to be associated, for any reason, with the business
entity
for any reason, including the death of the
individual to
whom the individual's license had been assigned,
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 or at an earlier time to which
the business entity and the individual agree.
(2) If a license assigned to a business entity becomes
invalid pursuant to division (D)(1) of this section, an individual
shall do one of the following:
(a) At least ninety days before the date the license
assigned to the business entity becomes invalid, or, if the
business entity and the individual agree to an invalidation date
that is prior to the expiration of that ninety-day period as
permitted under division (D)(1) of this section, on that
invalidation date, request the
appropriate section of the board
to reassign the individual's
license to a business entity with
whom the individual is
associated as described in division (B) of
this section;
(b) If the individual is not associated with a business
entity as described in division (B) of this section on the date
the license assigned to the business entity becomes invalid,
request that the appropriate section of the board place the
individual's license in escrow until the date the individual
requests the appropriate section of the board to assign the
license to another business entity with whom the individual is
associated as described in division (B) of this section.
(3) 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 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
any violation of any
term of the license 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 to a
business entity, any
work the
business entity conducts under
any of those licenses is
deemed to be
conducted under the personal
supervision of the
individuals
named in those licenses and
any violation of any
term
of any license is deemed to
have been
committed by the individuals
named in all of the
licenses.
(F) No individual who assigns a
license to a business
entity
shall assign a
license
for the same type of contracting
to
another
business entity
until
the original license assigned is invalid
pursuant to division (D)(1) of this section.
(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. 4740.16. (A) The appropriate section of the Ohio
construction industry licensing board may investigate any person
who allegedly has violated section 4740.13 of the Revised Code.
If, after an investigation pursuant to section 4740.05 of the
Revised Code, the appropriate section determines that reasonable
evidence exists that a person has violated section 4740.13 of the
Revised Code, within seven days after that determination, the
appropriate section shall send a written notice to that person in
the same manner as prescribed in section 119.07 of the Revised
Code for licensees, except that the notice shall specify that a
hearing will be held and specify the date, time, and place of the
hearing.
(B) The appropriate section shall hold a hearing regarding
the alleged violation in the same manner prescribed for an
adjudication hearing under section 119.09 of the Revised Code. If
the appropriate section, after the hearing, determines a violation
has occurred, the appropriate section may impose a fine on the
person, not exceeding one thousand dollars per violation per day.
The appropriate section's determination is an order that the
person may appeal in accordance with section 119.12 of the Revised
Code.
(C) If the person who allegedly committed a violation of
section 4740.13 of the Revised Code fails to appear for a hearing,
the appropriate section may
request the court of common pleas of
the county where the alleged
violation occurred to compel the
person to appear before the
appropriate section for a hearing.
(D) If the appropriate section assesses a person a civil
penalty for a violation of section 4740.13 of the Revised Code and
the person fails to pay that civil penalty within the time period
prescribed by the appropriate section, the appropriate section
shall forward to the attorney general the name of the person and
the amount of the civil penalty for the purpose of collecting that
civil penalty. In addition to the civil penalty assessed pursuant
to this section, the person also shall pay any fee assessed by the
attorney general for collection of the civil penalty.
Section 2. That existing sections 3781.111, 4517.21, 4740.01,
4740.02, 4740.04,
and 4740.07 of the Revised Code are hereby
repealed.
Section 3. Section 3781.111 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
Sub.
H.B. 148 and Am. H.B. 264 of the 123rd General Assembly.
The
General Assembly, applying the
principle stated in division
(B)
of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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