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

Section 1. That sections 4105.01, 4105.011, 4105.02, 4105.03, 4105.04, 4105.07, 4105.08, 4105.09, 4105.10, 4105.11, 4105.12, 4105.13, 4105.14, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06, 4740.07, 4740.12, and 4740.13 be amended and sections 4740.062 and 4740.071 of the Revised Code be enacted to read as follows:

Sec. 4105.01.  As used in this chapter:

(A) "Elevator" means a hoisting and lowering apparatus equipped with a car, cage, or platform which moves on or between permanent rails or guides and serves two or more fixed landings in a building or structure to which section 3781.06 of the Revised Code applies. "Elevator" includes dumb-waiters other than hand-powered dumb-waiters, escalators, belt manlifts, moving walks, of the endless belt type, other lifting or lowering apparatus permanently installed on or between rails or guides, and all equipment, machinery, and construction related to any elevator; but does not include construction material hoists and other similar temporary lifting or lowering apparatuses, ski lifts, traveling a conveyor belt used for manufacturing that is located within a larger machine, portable amusement rides or devices that are not affixed to a permanent foundation, or nonportable amusement rides or devices that are affixed to a permanent foundation.

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

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

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

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

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

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

(H) "Elevator contractor" means any sole proprietor, firm, or corporation, including any form of limited liability organization, that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators and that is licensed by the Ohio construction industry licensing board pursuant to section 4740.06 of the Revised Code.

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

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

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

(A) Formulate and adopt rules governing the design, construction, repair, alteration, and maintenance of nonresidential elevators. Such rules shall prescribe uniform minimum standards necessary for the protection of the public health and safety and shall follow generally accepted engineering standards, formulae, and practices established and pertaining to such elevator design, construction, repair, alteration, and maintenance. The board may shall adopt existing published standards as well as amendments thereto subsequently published by the same authority.

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

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

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

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

Sec. 4105.02.  No person may act, either as a general inspector or as a special inspector, of nonresidential elevators, unless he the person holds a certificate of competency from the division of industrial compliance.

Application for examination as an inspector of nonresidential elevators shall be in writing, accompanied by a fee to be established as provided in section 4105.17 of the Revised Code, and upon a blank to be furnished by the division, stating the school education of the applicant, a list of his the applicant's employers, his the applicant's period of employment, and the position held with each. An applicant shall also submit a letter from one or more of his the applicant's previous employers certifying as to his the applicant's character and experience.

Applications shall be rejected which contain any willful falsification or untruthful statements. An applicant, if the division considers his the applicant's history and experience sufficient, shall be examined by the superintendent of the division of industrial compliance by a written examination dealing with the construction, installation, operation, maintenance, and repair of nonresidential elevators and their appurtenances, and the applicant shall be accepted or rejected on the merits of his the applicant's application and examination.

The superintendent shall issue a certificate of competency in the inspection of nonresidential elevators to any applicant found competent upon examination. A rejected applicant shall be entitled, after the expiration of ninety days and upon payment of an examination fee to be established as provided in section 4105.17 of the Revised Code, to another examination. Should an applicant fail to pass the prescribed examination on second trial, he the applicant will not be permitted to be an applicant for another examination for a period of one year after the second examination.

Sec. 4105.03.  The superintendent of the division of industrial compliance, with the consent of the director of commerce, shall hire an assistant a chief elevator inspector who has at least ten years of experience in the inspection, construction, installation, maintenance, and repair of nonresidential elevators and their appurtenances.

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

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

Sec. 4105.04.  From the holders of certificates of competency in the inspection of nonresidential elevators, any company that is authorized to insure elevators in the state, may designate persons to inspect nonresidential elevators covered by such company's policies, and the department of public safety of any city and the clerk of any village may designate persons to inspect nonresidential elevators in such city or village. Such persons shall, upon the payment of a fee to be established as provided in section 4105.17 of the Revised Code, have issued to them annually by the division of industrial compliance, commissions to serve as special inspectors of nonresidential elevators in the state.

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

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

Sec. 4105.09.  The owner or user of any nonresidential elevator shall register, with the division of industrial compliance, every nonresidential elevator operated by him the owner or user, giving the type, capacity, and description, name of manufacturer, and purpose for which each is used. Such registration shall be made on a form to be furnished by the division.

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

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

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

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

Every inspector of nonresidential elevators shall forward to the superintendent a full and complete report of each inspection made of any nonresidential elevator and shall, on the day the inspection is completed, leave a copy of such report with the owner or operator of the nonresidential elevator, or his the owner's or operator's agent or representative. Such report shall indicate the exact condition of the nonresidential elevator and shall list any and all of the provisions of this chapter and any rules adopted pursuant thereto, with which the nonresidential elevator does not comply. Before attempting to enforce, by any remedy, civil or criminal, the provisions with which the inspected nonresidential elevator does not comply, the chief superintendent shall issue an adjudication order within the meaning of Chapter 119. of the Revised Code. If an owner or operator fails to allow an inspector access to a nonresidential elevator for purposes of inspection, that failure may be grounds for issuance of an adjudication order in accordance with Chapter 119. of the Revised Code.

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

Every adjudication order shall specify what appliances, site preparations, additions, repairs, or alterations to any nonresidential elevators, plans, materials, assemblages, or procedures are necessary for the same to comply with this chapter, or any rules adopted pursuant thereto. Such adjudication order shall be issued pursuant to Chapter 119. of the Revised Code and shall be effective without prior hearing, within thirty days after the receipt of such order, the owner of the nonresidential elevator specified therein may appeal to the board of building appeals under section 3781.19 of the Revised Code.

Notwithstanding the provisions of Chapter 119. of the Revised Code relating to adjudication hearings, a stenographic or mechanical record of the testimony and other evidence submitted before the board of building appeals shall be taken at the expense of the agency. A party adversely affected by an order issued following such adjudication hearing may appeal to the court of common pleas of the county in which he the party is a resident or in which the nonresidential elevator affected by such order is located. The court in such case shall not be confined to the record as certified to it by the agency, but any party may produce additional evidence and the court shall hear the matter upon such record and such additional evidence as is introduced by any party. The court shall not affirm the order of the agency unless the preponderance of the evidence before it supports the reasonableness and lawfulness of such order, and of any rules upon which the order of the agency is based in its application to the facts involved in the appeal.

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

Sec. 4105.12.  (A) The superintendent of the division of industrial compliance shall adopt, amend, and repeal rules exclusively for the issuance, renewal, suspension, and revocation of certificates of competency and certificates of operation, for the conduct of hearings related to these actions, and for the inspection of nonresidential elevators. Rules concerning the inspection of nonresidential elevators shall include the standards governing the inspection of nonresidential elevators.

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

Sec. 4105.13.  Every nonresidential elevator shall be constructed, equipped, maintained, and operated, with respect to the supporting members, elevator car, shaftways, guides, cables, doors, and gates, safety stops and mechanism, electrical apparatus and wiring, mechanical apparatus, counterweights, and all other appurtenances, in accordance with state laws and rules as are authorized in respect thereto. Where reasonable safety is obtained without complying to the literal requirements of such rules as in cases of practical difficulty or unnecessary hardship, the literal requirements of such rules shall not be required. The superintendent of the division of industrial compliance may permit the installation of vertical wheelchair lifts in public buildings to provide for handicapped accessibility where such lifts do not meet the literal requirements of the rules adopted by the board of building standards pursuant to section 4105.011 of the Revised Code, provided that reasonable safety may be obtained.

Sec. 4105.14.  Any person, firm, or corporation operating a passenger elevator located in a nonresidential building shall provide a seat for the use of the operator of such elevator.

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

Sec. 4105.15.  No certificate of operation for any nonresidential elevator shall be issued by the director of commerce until such nonresidential elevator has been inspected as required by this chapter. Certificates of operation shall be renewed by the owner or user of the nonresidential elevator in accordance with rules adopted by the superintendent of the division of industrial compliance pursuant to section 4105.12 of the Revised Code. Certificates of operation shall be kept on the premises where the nonresidential elevator is located and made readily available to inspectors and elevator mechanics.

Sec. 4105.16.  (A) Before any new installation of an a nonresidential elevator of permanent nature is erected or before any existing nonresidential elevator is removed to and installed in a different location, an elevator contractor shall submit an application of specifications in duplicate shall be submitted to the division superintendent of industrial compliance giving such information concerning the construction, installation, and operation of said the nonresidential elevator as the division superintendent may require on forms to be furnished by the division superintendent, together with complete construction plans in duplicate. In all cases where any changes or repairs are made which alter its construction of classification, grade or rated lifting capacity, except when made pursuant to a report of an inspector, an application of specifications in duplicate shall be submitted to the division superintendent, containing such information, or approval, except in those municipal corporations which maintain their own elevator inspection departments, in which event such specifications shall be submitted to the elevator department of the municipal corporation for its approval, and if approved, a permit for the erection or repair of such nonresidential elevator shall be issued by the municipal corporation. Upon approval of such application and construction plans, the superintendent of industrial compliance shall issue a permit for the erection or repair of such nonresidential elevator. A copy of the permit shall be posted at the work site at all times while work is in progress. No new nonresidential elevator shall be operated until completion in accordance with the approved plans and specifications, unless a temporary permit is granted by the division superintendent.

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

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

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

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

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

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

Sec. 4105.17.  (A) The fee for each inspection, or attempted inspection that, due to no fault of a general inspector or the division of industrial compliance, is not successfully completed, by a general inspector before the operation of a permanent new nonresidential elevator prior to the issuance of a certificate of operation, before operation of an a nonresidential elevator being put back into service after a repair, or as a result of the operation of section 4105.08 of the Revised Code and is an a nonresidential elevator required to be inspected under this chapter is twenty dollars plus ten dollars for each floor where the nonresidential elevator stops. The superintendent of industrial compliance may assess an additional fee of one hundred twenty-five dollars plus five dollars for each floor where an a nonresidential elevator stops for the reinspection of an a nonresidential elevator when a previous attempt to inspect that nonresidential elevator has been unsuccessful through no fault of a general inspector or the division of industrial compliance.

(B) The fee for each inspection, or attempted inspection, that due to no fault of the general inspector or the division of industrial compliance, is not successfully completed by a general inspector before operation of a permanent new nonresidential escalator or nonresidential moving walk prior to the issuance of a certificate of operation, before operation of an a nonresidential escalator or nonresidential moving walk being put back in service after a repair, or as a result of the operation of section 4105.08 of the Revised Code is three hundred dollars. The superintendent of the division of industrial compliance may assess an additional fee of one hundred fifty dollars for the reinspection of an a nonresidential escalator or nonresidential moving walk when a previous attempt to inspect that nonresidential escalator or nonresidential moving walk has been unsuccessful through no fault of the general inspector or the division of industrial compliance.

(C) The fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an a nonresidential elevator that is inspected every six months in accordance with division (A) of section 4105.10 of the Revised Code is two hundred dollars plus ten dollars for each floor where the nonresidential elevator stops, except where the nonresidential elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(D) The fee for issuing or renewing a certificate of operation under section 4105.05 of the Revised Code for an a nonresidential elevator that is inspected every twelve months in accordance with division (A)(B) of section 4105.10 of the Revised Code is fifty-five dollars plus ten dollars for each floor where the nonresidential elevator stops, except where the nonresidential elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

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

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

(G) The director of commerce, subject to the approval of the controlling board, may establish fees in excess of the fees provided in divisions (A), (B), (C), (D), and (E) of this section. Any moneys collected under this section shall be paid into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

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

(I) In addition to the fees assessed in divisions (A), (B), (C), (D), and (E) of this section, the board of building standards shall assess a fee of three dollars and twenty-five cents for each certificate of operation or renewal thereof issued under divisions (A), (B), (C), (D), or (E) of this section and for each permit issued under section 4105.16 of the Revised Code. The board shall adopt rules, in accordance with Chapter 119. of the Revised Code, specifying the manner by which the superintendent of industrial compliance shall collect and remit to the board the fees assessed under this division and requiring that remittance of the fees be made at least quarterly.

(J) For purposes of this section:

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

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

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

Sec. 4105.20.  No person shall violate any law relative to the operation, construction, maintenance, and repair of nonresidential elevators. All fines collected for violation of this section shall be forwarded to the superintendent of the division of industrial compliance, who shall pay them into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

Sec. 4105.21.  The superintendent of the division of industrial compliance shall enforce the provisions of this chapter that govern nonresidential elevators. If the superintendent or a general inspector of nonresidential elevators finds that an a nonresidential elevator or a part thereof does not afford reasonable safety as required by section 4105.13 of the Revised Code, the superintendent or the general inspector may seal such nonresidential elevator and post a notice thereon prohibiting further use of the that nonresidential elevator until the changes or alterations set forth in the notice have been made to the satisfaction of the superintendent or the inspector. The notice shall contain a statement that operators or passengers are subject to injury by its continued use, a description of the alteration or other change necessary to be made in order to secure safety of operation, date of such notice, name and signature of the superintendent or inspector issuing the notice.

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

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, elevator contractor, or elevator mechanic.

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

(1) 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 otherwise supervises or directs 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, an elevator contractor, or an elevator mechanic.

(D) "Tradesperson" means any individual who is supervised or directed by a contractor or who is otherwise employed by a contractor and 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. "Tradesperson" does not mean elevator mechanic.

(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.

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

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

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

(I) "Elevator" has the same meaning as in section 4105.01 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 twenty-two residents of this state. The board shall have an administrative section, a plumbing and hydronics section, an electrical section, an elevator 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 The elevator section consists of five members. One member shall be the superintendent of industrial compliance or a designee of the superintendent, and the director shall appoint the remaining four members. One of the appointed members shall be an elevator mechanic; one shall be a representative of a union representing elevator mechanics; one shall be an elevator contractor who is not affiliated with any unions representing elevator mechanics; and one shall be an elevator contractor who is a signatory to agreements made with unions representing elevator mechanics.

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

(F) Terms of office for the members of each section other than the administrative section are for three years, with each term ending on the same thirty-first day of the same month of the year as did the term that it succeeds July. 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)(G) 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)(H) Each member, except for the director or the director's designee or the superintendent or the superintendent'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)(I) The director of commerce may remove any member of the board the director appoints for malfeasance, misfeasance, or nonfeasance.

(I)(J) 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)(K) 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 and design the examination an individual applying for a license as an elevator mechanic must pass if the applicant, in satisfying the conditions for licensure set forth in division (D) of section 4740.06 of the Revised Code, elects to comply with divisions (D)(2)(a) and (3) of that section.

(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 or 4740.062 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, as applicable.

(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 or 4740.062 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, elevator contractor, and elevator mechanic issued a license pursuant to this chapter;

(F) Regulate a contractor's, elevator contractor's, or elevator mechanic'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. 4740.05.  (A) Each section of the Ohio construction industry licensing board, other than the administrative section, shall do all of the following:

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

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

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

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

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

(e) 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;

(f) 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.

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

(3) Maintain a record of its proceedings;

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

(5) 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 and, with respect to the elevator section, elevator contractors and elevator mechanics.

(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 and, with respect to the elevator section, elevator contractors, and elevator mechanics. No curriculum may require more than five hours per year in specific course requirements. No contractor, elevator contractor, or elevator mechanic may be required to take more than ten hours per year in continuing education courses. The ten hours shall be the aggregate of hours of continuing education for all licenses the contractor, elevator contractor, or elevator mechanic holds.

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

(B) To qualify to take an examination, 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 in the type of licensed trade for which the application is filed for not less than five years immediately prior to the date the application is filed, be a currently registered engineer in this state with three years of business experience in the construction industry in the trade for which the engineer is applying to take an examination, or have other experience acceptable to the appropriate section of the board;

(4) Maintain contractor's liability insurance, including without limitation, complete operations coverage, in an amount 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 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) Any individual who applies for a license as an elevator contractor shall file a written application with the elevator section of the board, accompanied by the application fee as determined pursuant to section 4740.09 of the Revised Code. The application shall be on the form the elevator section prescribes and the accuracy of the information contained in the application shall be verified by the applicant's oath. The applicant shall provide all of the following information on the form:

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

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

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

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

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

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

(a) The level of education of the applicant;

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

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

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

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

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

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

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

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

(E) When an applicant for licensure as a contractor in a licensed trade other than as an elevator contractor or elevator mechanic 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 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. When an applicant for licensure as an elevator contractor satisfies the qualifications set forth in division (C) of this section, the elevator section, within ninety days after the application was filed, shall authorize the administrative section of the board to license the applicant. When an applicant for licensure as an elevator mechanic satisfies the conditions set forth in division (D) of this section, the elevator section, within ninety days after the application was filed, shall authorize the administrative section of the board to issue a license to the applicant. 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)(F) All licenses a contractor, an elevator contractor, or an elevator mechanic holds pursuant to this chapter shall expire annually on the same date, which shall be the expiration date of the original license the contractor holds. An individual holding a valid, unexpired license may renew the license, without reexamination, by submitting an application to the appropriate section of the board not more than ninety calendar days before the expiration of the license, along with the renewal fee the section requires and proof of compliance with the applicable continuing education requirements. The applicant shall provide information in the renewal application satisfactory to demonstrate to the appropriate section that the applicant continues to meet the requirements of division (B), (C), or (D) of this section, as applicable.

Upon application and within one calendar year after a license has expired, a section may waive any of the requirements for renewal of a license upon finding that an applicant substantially meets the renewal requirements or that failure to timely apply for renewal is due to excusable neglect. A section that waives requirements for renewal of a license may impose conditions upon 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)(G) An individual holding a valid license may request the section of the board that authorized that license to place the license in inactive status under conditions, and for a period of time, as that section determines.

(F)(H) 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)(I) Nothing in any license issued by the Ohio construction industry licensing board shall be construed to limit or eliminate any requirement of or any license issued by the Ohio fire marshal.

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

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

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

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

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

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

(D) A licensed elevator contractor shall notify the elevator section of the licensed elevator contractor's inability to secure a qualified workforce in the event that the licensed elevator contractor is unable to locate available elevator mechanics that hold licenses issued pursuant to section 4740.06 of the Revised Code. If the elevator section determines that there is a shortage of elevator mechanics who hold licenses, the elevator section shall direct the administrative section to issue a temporary elevator mechanic license to an individual who completes an application to the satisfaction of the elevator section and meets the other requirements of division (B) of this section. The temporary elevator mechanic license is valid for a period of not more than one year after the date it is issued and remains valid only while a licensed elevator contractor employs the temporary license holder. The elevator section may renew the temporary elevator mechanic license on an annual basis upon the license holder's request in the event that the elevator section determines that there continues to be a shortage of elevator mechanics who hold licenses at the time of the request. If the elevator section determines that a shortage of elevator mechanics no longer exists and an individual licensed pursuant to this division wishes to continue providing services as an elevator mechanic, the individual shall apply for a license under division (D) of section 4740.06 of the Revised Code. The elevator section shall determine the fees for the initial issuance of a temporary elevator mechanic license and the renewal fee for that license in accordance with section 4740.09 of the Revised Code.

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 Except for an individual who applies for or holds a license as an elevator mechanic, temporary emergency elevator mechanic, or a temporary elevator mechanic issued by the board pursuant to section 4740.06 or 4740.062 of the Revised Code, 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 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 with the business entity for any reason, including 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 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 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) 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. 4740.071. No elevator contractor licensed under section 4740.06 or 4740.08 of the Revised Code shall use the elevator contractor's liability insurance policy to cover an elevator mechanic who erects, constructs, installs, alters, services, repairs, or maintains an elevator unless the elevator mechanic is performing those activities as an employee of the elevator contractor.

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

(B) Except as provided in division (A) of this section, 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:

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

(2) 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)(1) No person shall act as or claim to be 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.

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

(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.

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

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

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

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

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

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

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

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