The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 338 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Senators Beagle, Hughes, Brown, Turner, Hite, Kearney, Lehner, Sawyer, Schiavoni, Skindell, Tavares, Wagoner
A BILL
To enact sections 4720.01, 4720.02, 4720.03, 4720.04,
4720.05, 4720.051, 4720.06, 4720.07, 4720.08,
4720.09, 4720.10, 4720.11, and 4720.12 of the
Revised Code to require registration and establish
laws governing the practices of air conveyance
system cleaning servicers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4720.01, 4720.02, 4720.03, 4720.04,
4720.05, 4720.051, 4720.06, 4720.07, 4720.08, 4720.09, 4720.10,
4720.11, and 4720.12 of the Revised Code be enacted to read as
follows:
Sec. 4720.01. As used in this chapter:
(A) "Air conveyance system cleaning servicer" means any
individual or business entity that satisfies both of the
following:
(1) For compensation, directs, supervises, or has
responsibility for the means, method, and manner of performance of
air conveyance system cleaning services;
(2) Performs or otherwise supervises or directs other
individuals who perform air conveyance system cleaning services.
(B) "Air conveyance system cleaning service" means the
cleaning of a whole system within a forced airstream, consisting
of various heating and cooling components.
(C) "Consumer" has the same meaning as in section 1345.01 of
the Revised Code.
(D) "Crime" means any offense involving consumer fraud,
predatory marketing practices, misleading advertising practices,
or any other offense relating adversely to a person's competence
to honestly and safely perform air conveyance system cleaning
services.
(E) "Department" means the department of commerce.
(F) "Director" means the director of commerce or the
director's designee.
(G) "Residential property" means any single or multi-unit
structure used in whole or in part as a place of dwelling and any
accessory construction incidental to the structure. "Residential
property" does not include either of the following:
(1) An industrialized unit as described in section 3781.06 of
the Revised Code;
(2) A mobile home as described in section 4501.01 of the
Revised Code.
Sec. 4720.02. (A) No individual or business entity shall do
either of the following without registering with or being assigned
a registration by the director of commerce in accordance with this
chapter:
(1) Act or attempt to act as an air conveyance cleaning
system servicer;
(2) Advertise in print, put out any sign, card, or other
device that would indicate to the public that the individual or
business entity is an air conveyance system cleaning servicer in
the state, or cause the individual's or business entity's name to
be included in a classified advertisement or directory in the
state under a classification as an air conveyance system cleaning
servicer.
(B) No individual or business entity that performs air
conveyance system cleaning services shall do any of the following:
(1) Represent that a consumer's air conveyance system
contains any substance that is dangerous or that continued use by
the consumer of their air conveyance system may be harmful when
such is not the fact;
(2) Represent that the individual or business entity has any
sponsorship, approval, or affiliation relating to air conveyance
system cleaning services that the individual or business entity
does not have;
(3) Misrepresent any sponsorship, approval, or affiliation
relating to air conveyance system cleaning services that the
individual or business entity does have;
(4) Misrepresent the benefits of available air conveyance
system cleaning services, including the ability to test for and
identify mold present in an air conveyance system;
(5) Knowingly make a false report to a consumer, or potential
consumer, in a solicitation;
(6) Fail to make available accurate registration information
to a consumer.
(C) A violation of any provision of this chapter, including
rules adopted by the director of commerce pursuant to section
4720.03 of the Revised Code, shall constitute an unfair,
deceptive, or unconscionable act or practice under sections
1345.01 to 1345.13 of the Revised Code.
Sec. 4720.03. The director of commerce shall adopt rules
establishing all of the following:
(A) Registration standards, including financial
responsibility and work experience requirements;
(C) A system by which consumers can readily identify
registered air conveyance system cleaning servicers, that, at a
minimum, should consist of a searchable internet database;
(D) Other provisions for the enforcement of this chapter.
Sec. 4720.04. (A) The director of commerce shall assign each
air conveyance system cleaning servicer registrant a unique
registration number at the time a registration is approved and
shall keep a record of all registration numbers for a period of
twenty years.
(B) The director may deny issuance or renewal, or revoke, a
registration in accordance with section 4720.08 of the Revised
Code for failure to comply with, or violation of, the provisions
of this chapter or for any other good cause shown within the
purpose of the chapter. A denial or revocation shall not be made
except upon reasonable notice to, and opportunity to be heard by,
the applicant or registrant.
(C) The director may do any of the following in enforcing the
chapter:
(1) In lieu of revoking a registration, suspend a
registration for a reasonable time period;
(2) In lieu of suspending a registration, assess a monetary
penalty to the registrant;
(3) In lieu of revoking a registration, suspend a
registration for a reasonable time period and assess a monetary
penalty to the registrant;
(4) Issue a new registration to an applicant whose previous
registration was revoked.
(D) The director shall prepare, print, and distribute
booklets, pamphlets, or other written information that explains
the provisions of this chapter and make the information available
to consumers.
(E) The director shall not issue or renew a registration
until the person applying for registration issuance or renewal
demonstrates that the administrator of workers' compensation has
issued to the person a certificate in accordance with section
4123.35 of the Revised Code establishing that the person has paid
the required premiums or been granted the privilege to self-insure
under Chapter 4123. of the Revised Code.
Sec. 4720.05. (A) To register as an air conveyance system
cleaning servicer with the director of commerce as required by
division (A) of section 4720.02 of the Revised Code, an individual
shall do all of the following:
(1) Complete an application for registration on a form
provided by the department;
(2) Pay a reasonable fee, determined by the director, in an
amount sufficient to meet the expenses the department incurs in
administering the registration program;
(3) File a disclosure statement as described in division (C)
of this section with the department.
(B) Each air conveyance system cleaning servicer registered
under this chapter shall file an amended registration form,
provided by the department, within twenty days after any change in
the information required on a registration form. No fee shall be
required for the filing of an amendment.
(C) In accordance with division (A)(3) of this section, every
applicant for an air conveyance system cleaning servicer
registration shall file a disclosure statement with the director
of commerce stating whether the applicant has been convicted of or
pleaded guilty to any crime. If any of the information required to
be included in the disclosure statement changes, or if additional
information should be added after the applicant or registrant
files the statement, the applicant or registrant shall provide
that information to the director, in writing, within thirty
calendar days of the change or addition.
Sec. 4720.051. (A) If an individual who applies for
registration pursuant to division (A) of section 4720.05 of the
Revised Code intends to perform air conveyance system cleaning
services as a business entity or intends to supervise or direct
individuals who will perform air conveyance system cleaning
services for a business entity, that individual, at the time of
applying for a registration or any time thereafter, shall request
that the individual's registration be assigned to the business
entity with whom the individual is associated.
(B) If the individual who requests assignment is issued or
holds a registration, the director of commerce shall assign the
registration in the name of the business entity. The assigned
registration shall state the name and position of the individual
who assigned the registration to the business entity.
(C) If an individual who assigned a registration 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 shall notify the director of the
date on which the individual ceased to be associated with the
business entity. A registration assigned to a business entity is
invalid ninety calendar days after the date on which the
individual who assigned the registration ceases to be associated
with the business entity or at an earlier time to which the
business entity and the individual agree.
In the event that another individual has also assigned a
registration to the business entity, the business entity may
continue to operate under the valid registration.
(D) Any work a business entity or its employees performs
under an assigned registration is deemed to be conducted under the
personal supervision of the individual named in the assignment.
In the event that more than one registration is assigned to a
business entity, any work the business entity or its employees
performs is deemed to be conducted under the personal supervision
of each individual named in each assignment.
(E) Any individual who assigns a registration to a business
entity under this section shall be actively engaged in business as
an air conveyance system cleaning servicer and be readily
available for consultation with the business entity to which the
registration is assigned.
(F) No registration assigned under this section shall be
assigned to more than one business entity at a time.
Sec. 4720.06. The provisions of this chapter shall apply to
any person engaging in any of the activities regulated by this
chapter in the state, including persons whose residence or
principal place of business is located outside of the state.
Sec. 4720.07. Each registered air conveyance system cleaning
servicer shall annually reregister with the director by completing
an application for registration on a form provided by the
department and paying a reasonable fee, as determined by the
director.
Sec. 4720.08. (A) In accordance with section 4720.04 of the
Revised Code, the director of commerce may refuse to issue,
suspend, or revoke any registration of an applicant or registrant
upon reasonable proof that the applicant or registrant is
incapable, for medical or any other good cause, of executing the
functions of a registrant in a manner consistent with the public's
health, safety, and welfare or has done any of the following:
(1) Obtained a registration through fraud, deception, or
misrepresentation;
(2) Engaged in the use or employment of dishonesty, fraud,
deception, misrepresentation, false promise, or false pretense;
(3) Engaged in gross negligence, gross malpractice, or gross
incompetence;
(4) Engaged in repeated acts of negligence, malpractice, or
incompetence;
(5) Engaged in professional or occupational misconduct as
determined by the director;
(6) Except as provided in division (E) of this section, been
convicted of or pleaded guilty to any crime involving moral
turpitude or relating adversely to a person's competence to
honestly and safely perform air conveyance system cleaning
services;
(7) Had the authority to engage in air conveyance system
cleaning services revoked or suspended by any other state, agency,
or authority for reasons consistent with this section;
(8) Violated or failed to comply with the provisions of any
rule administered by the director;
(9) Was determined to be a noncomplying employer by the
administrator of workers' compensation pursuant to Chapter 4123.
of the Revised Code.
(B) The director shall prohibit an applicant who violates
section 4720.02 of the Revised Code from registering as an air
conveyance system cleaning servicer for a period of up to six
months after the violation.
(C) An applicant or registrant whose registration is denied,
suspended, or revoked pursuant to division (A) or (B) of this
section, upon a written request transmitted to the director within
thirty calendar days of the denial, suspension, or revocation, may
appeal the decision pursuant to Chapter 119. of the Revised Code.
(D) An applicant or registrant shall have the continuing duty
to provide any assistance or information requested by the
director, and to cooperate in any inquiry, investigation, or
hearing conducted by the director regarding the issuance, denial,
suspension, or revocation of a registration.
(E) Notwithstanding division (A)(6) of this section, the
director shall not deny a registration or have a registration
suspended or revoked on the basis of any conviction or plea of
guilty disclosed if the applicant or registrant has affirmatively
demonstrated to the director clear and convincing evidence of the
applicant's or registrant's rehabilitation. In determining whether
an applicant or registrant has affirmatively demonstrated
rehabilitation, the director shall consider the following factors:
(1) The nature and responsibility of the position the
applicant or registrant would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the applicant or registrant when the offense
was committed;
(6) Whether the offense was an isolated incident or repeated
situation;
(7) Any social conditions that may have contributed to the
offense;
(8) Any evidence of rehabilitation, including good conduct in
prison or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational
schooling, successful participation in correctional work-release
programs, or the recommendation of persons who have the applicant
or registrant under their supervision.
Sec. 4720.09. Every registered air conveyance system
cleaning servicer shall secure, maintain, and file with the
director of commerce proof of commercial general liability
insurance in a minimum amount of five hundred thousand dollars per
occurrence. If a registrant's insurance is to be canceled or is
nonrenewable, the registrant shall submit to the director a copy
of a new insurance policy or a replacement policy that meets the
requirements of this section before the former policy lapses.
Sec. 4720.10. Each registrant shall prominently display the
registration number assigned to the registrant, as described in
division (A) of section 4720.04 of the Revised Code, in the
registrant's place of business, in all advertisements distributed
within the state, on business documents, contracts, and
correspondence with consumers of air conveyance system cleaning
services, and on all commercial vehicles registered in the state
that are leased or owned by the registrant and used by the
registrant for the purpose of engaging in air conveyance system
cleaning services.
If a registration has been assigned to a business entity
pursuant to section 4720.051 of the Revised Code, the business
entity shall display the registration number of the individual
named in the assignment. If more than one registration is assigned
to a business entity, the business entity shall display the
registration number of each individual named in each assignment.
Sec. 4720.11. This chapter and the rules adopted pursuant to
it shall supersede any ordinance or regulation of a municipal
corporation that provides for licensing or registration of air
conveyance system cleaning servicers or for the protection of
consumers by bonds or warranties required to be provided by
servicers. A municipal corporation may enact ordinances and
regulations relating to air conveyance system cleaning servicers
that are not provided for in this chapter or in rules adopted by
the director of commerce pursuant to this chapter.
Sec. 4720.12. (A) No registered air conveyance system
cleaning servicer shall perform any air conveyance system cleaning
services unless that servicer enters into a written contract with
the consumer. The contract shall clearly and accurately set forth
in legible form and understandable language all agreements and
conditions related to the service, including all of the following:
(1) The legal name of the air conveyance system cleaning
servicer, and if the registration has been assigned pursuant to
section 4720.051 of the Revised Code, the name of the individual
associated with the assignment;
(2) The business address and registration number, as
described in division (A) of section 4720.04 of the Revised Code,
of the air conveyance system cleaning servicer;
(3) A copy of the proof of commercial general liability
insurance required of a servicer pursuant to section 4720.09 of
the Revised Code;
(4) The total price or other consideration to be paid by the
consumer, including the finance charges.
Section 2. Section 4720.02 of the Revised Code, as enacted by
this act, shall take effect six months after the effective date of
this act.
|
|