Bill Text: OH SB289 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To license residential heating, ventilating, and air conditioning contractors, refrigeration contractors, electrical contractors, plumbing contractors, and hydronics contractors and to make changes to the law regulating those contractors.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-08-11 - To Insurance, Commerce, & Labor [SB289 Detail]

Download: Ohio-2009-SB289-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 289

Senator Buehrer 

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A BILL

To amend sections 4740.01, 4740.02, 4740.03, 4740.04,

1

4740.05, 4740.06, 4740.07, 4740.10, 4740.11,

2

4740.12, 4740.13, 4740.14, and 4740.16 of the

3

Revised Code to license residential heating,

4

ventilating, and air conditioning contractors,

5

refrigeration contractors, electrical

6

contractors, plumbing contractors, and hydronics

7

contractors and to make changes to the law

8

regulating those contractors.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4740.01, 4740.02, 4740.03, 4740.04,	10
4740.05, 4740.06, 4740.07, 4740.10, 4740.11, 4740.12, 4740.13,	11
4740.14, and 4740.16 of the Revised Code be amended to read as	12
follows:	13

Sec. 4740.01.  As used in this chapter:

14

(A) "LicenseUniversal license" means a license the Ohio	15
construction industry licensing board issues to an individual as	16
a heating, ventilating, and air conditioning contractor,	17
refrigeration contractor, electrical contractor, plumbing	18
contractor, or hydronics contractor for construction projects.	19

(B) "Residential only license" means a license the Ohio	20
construction industry licensing board issues to an individual as a	21
heating, ventilating, and air conditioning contractor,	22
refrigeration contractor, electrical contractor, plumbing	23
contractor, or hydronics contractor for residential construction	24
projects only.	25

(C) "Contractor" means any individual or business entity that	26
satisfies both of the following:	27

(1) Directs, supervises, or has responsibility for the means,	28
method, and manner of construction, improvement, renovation,	29
repair, or maintenance on a construction project with respect to	30
one or more trades and who offers, identifies, advertises, or	31
otherwise holds out or represents that the individual or business	32
entitycontracting company with which the individual is associated	33
is permitted or qualified to perform, direct, supervise, or have	34
responsibility for the means, method, and manner of	35
construction, improvement, renovation, repair, or maintenance	36
with respect to one or more trades on a construction project;	37

(2) Performs or otherwise employs, supervises, or directs	38
tradespersons who perform construction, improvement, renovation,	39
repair, or maintenance on a construction project with respect to	40
the contractor's trades.	41

(C)(D) "Contracting company" means a business entity in the	42
construction industry that contracts with a person for heating,	43
ventilating, and air conditioning construction projects,	44
refrigeration construction projects, electrical construction	45
projects, plumbing construction projects, or hydronics	46
construction projects.	47

(E) "Licensed trade" means a trade performed by a heating,	48
ventilating, and air conditioning contractor, a refrigeration	49
contractor, an electrical contractor, a plumbing contractor, or a	50
hydronics contractor.	51

(D)(F) "Tradesperson" means any individual who is supervised	52
or directed by a contractor or who is otherwise employed by a	53
contractor and who engages in construction, improvement,	54
renovation, repair, or maintenance of buildings or structures	55
without assuming responsibility for the means, method, or manner	56
of that construction, improvement, renovation, repair, or	57
maintenance.	58

(E)(G) "Construction project" means a construction project	59
involving a building or structure subject to Chapter 3781. of the	60
Revised Code and the rules adopted under that chapter,. A	61
construction project may include a residential building but not an	62
industrialized unit or a residential building as those items are	63
defined in section 3781.06 of the Revised Code.	64

Sec. 4740.02.  (A) There is hereby created within the	65
department of commerce, the Ohio construction industry licensing	66
board, consisting of seventeentwenty-three residents of this	67
state. The board shall have an administrative section, a plumbing	68
and hydronics section, an electrical section, and a heating,	69
ventilating, air conditioning, and refrigeration section. The	70
director of commerce shall appoint all members of the board. The	71
director or the director's designee shall serve as a member of	72
the administrative section and the director shall appoint to the	73
that section to represent the public, one member who is not a	74
member of any group certified by any section of the board. Each	75
section, other than the administrative section, shall annually	76
elect a membertwo members of its section, one who holds a	77
universal license and one who holds a residential only license,	78
to serve a one-year term on the administrative section.	79

(B)(1) The plumbing and hydronics section consists of five	80
the following seven members, one of whom is a:	81

(a) One plumbing inspector employed by the department of	82
commerce, a municipal corporation, or a health district, two of	83
whom are;	84

(b) Three plumbing contractors who have no affiliation with	85
any union representing plumbers, and two of whom arewho hold a	86
universal license and one who holds a residential only license;	87

(c) Three plumbing contractors who are signatories to	88
agreements with unions representing plumbers, two who hold a	89
universal license and one who holds a residential only license.	90

(2) The plumbing and hydronics section has primary	91
responsibility for the licensure of plumbing contractors and	92
hydronics contractors.	93

(C)(1) The electrical section consists of fivethe following	94
seven members, one of whom is an:	95

(a) One electrical inspector employed by the department of	96
commerce, a municipal corporation, or a county, two of whom are;	97

(b) Three electrical contractors who have no affiliation with	98
any union representing electricians, and two of whom arewho hold	99
a universal license and one who holds a residential only license;	100

(c) Three electrical contractors who are signatories to	101
agreements with unions representing electricians, two who hold a	102
universal license and one who holds a residential only license.	103

(2) The electrical section has primary responsibility for the	104
licensure of electrical contractors.	105

(D)(1) The heating, ventilating, air conditioning, and	106
refrigeration section consists of fivethe following seven	107
members, one of whom is a:	108

(a) One heating, ventilating, air conditioning, and	109
refrigeration inspector employed by either the department of	110
commerce or a municipal corporation; two of whom are	111

(b) Three heating, ventilating, and air conditioning	112
contractors or refrigeration contractors who have no affiliation	113
with any union representing heating, ventilating, and air	114
conditioning tradespersons or refrigeration tradespersons, two who	115
hold a universal license and one who holds a residential only	116
license; and two of whom are	117

(c) Three heating, ventilating, and air conditioning	118
contractors or refrigeration contractors who are signatories to	119
agreements with unions representing heating, ventilating, and air	120
conditioning tradespersons or refrigeration tradespersons, two who	121
hold a universal license and one who holds a residential only	122
license.	123

(2) The heating, ventilating, air conditioning, and	124
refrigeration section has primary responsibility for the	125
licensure of heating, ventilating, and air conditioning	126
contractors and refrigeration contractors.	127

(E) Within ninety days after July 31, 1992, initial	128
appointments shall be made to the board. Of the initial	129
appointments to the board, two appointments in each section, other	130
than the administrative section, are for terms ending one year	131
after July 31, 1992, and two are for terms ending two years after	132
July 31, 1992. All other appointments to the board are for terms	133
ending three years after July 31, 1992. Thereafter, termsTerms	134
of office are for three years, each term ending on the same day of	135
the same month of the year as did the term that it succeeds. Each	136
member shall hold office from the date of appointment until the	137
end of the term for which the member was appointed. Members may be	138
reappointed. Vacancies shall be filled in the manner provided for	139
original appointments. Any member appointed to fill a vacancy	140
occurring prior to the expiration of the term for which the	141
member's predecessor was appointed shall hold office as a member	142
for the remainder of that term. A member shall continue in office	143
subsequent to the expiration of a term until a successor takes	144
office or until a period of sixty days has elapsed, whichever	145
occurs first.	146

(F) Before entering upon the discharge of official duties,	147
each member shall take, and file with the secretary of state, the	148
oath of office required by Section 7 of Article XV, Ohio	149
Constitution.	150

(G) Each member, except for the director or the director's	151
designee, shall receive a per diem amount fixed pursuant to	152
section 124.15 of the Revised Code when actually attending to	153
matters of the board and for the time spent in necessary travel,	154
and all actual and necessary expenses incurred in the discharge of	155
official duties.	156

(H) The director of commerce may remove any member of the	157
board the director appoints for malfeasance, misfeasance, or	158
nonfeasance.	159

(I) Membership on the board and holding any office of the	160
board does not constitute holding a public office or employment	161
within the meaning of any section of the Revised Code, or an	162
interest, either direct or indirect, in a contract or expenditure	163
of money by the state or any municipal corporation, township,	164
special district, school district, county, or other political	165
subdivision. No member or officer of the board is disqualified	166
from holding any public office or employment nor shall the officer	167
or member forfeit any public office or employment by reason of	168
holding a position as an officer or member of the board.	169

(J) The board, and each section of the board, shall meet only	170
after adequate advance notice of the meeting has been given to	171
each member of the board or section, as appropriate.	172

Sec. 4740.03.  (A) The administrative section of the Ohio	173
construction industry licensing board annually shall elect from	174
among its members a chairperson and other officers as the board,	175
by rule, designates. The chairperson shall preside over meetings	176
of the administrative section or designate another member to	177
preside in the chairperson's absence. The administrative section	178
shall hold at least two regular meetings each year, but may meet	179
at additional times as specified by rule, at the call of the	180
chairperson, or upon the request of two or more members. A	181
majority of the members of the administrative section constitutes	182
a quorum for the transaction of all business. The administrative	183
section may not take any action without the concurrence of at	184
least threea majority of its members.	185

(B)(1) The administrative section shall employ a secretary,	186
who is not a member of the board, to serve at the pleasure of the	187
administrative section, and shall fix the compensation of the	188
secretary. The secretary shall be in the unclassified civil	189
service of the state.	190

(2) The secretary shall do all of the following:

191

(a) Keep or set standards for and delegate to another person	192
the keeping of the minutes, books, and other records and files of	193
the board and each section of the board;	194

(b) Issue all licenses in the name of the board;

195

(c) Send out all notices, including advance notices of	196
meetings of the board and each section of the board, and attend to	197
all correspondence of the board and each section of the board,	198
under the direction of the administrative section;	199

(d) Receive and deposit all fees payable pursuant to this	200
chapter into the labor operating fund created pursuant to section	201
121.084 of the Revised Code;	202

(e) Perform all other duties incidental to the office of the	203
secretary or properly assigned to the secretary by the	204
administrative section of the board.	205

(3) Before entering upon the discharge of the duties of the	206
secretary, the secretary shall file with the treasurer of state a	207
bond in the sum of five hundred thousand dollars, payable to the	208
state, to ensure the faithful performance of the secretary's	209
duties. The board shall pay the premium of the bond in the same	210
manner as it pays other expenditures of the board.	211

(C) Upon the request of the administrative section of the	212
board, the director of commerce shall supply the board and its	213
sections with personnel, office space, and supplies, as the	214
director determines appropriate. The administrative section of the	215
board shall employ any additional staff it considers necessary and	216
appropriate.	217

(D) The chairperson of the board or the secretary, or both,	218
as authorized by the board, shall approve all vouchers of the	219
board.	220

Sec. 4740.04.  The administrative section of the Ohio	221
construction industry licensing board is responsible for the	222
administration of this chapter and shall do all of the following:	223

(A) Schedule the contractor examinations each of the other	224
sections of the board directs. Each type of examination shall be	225
held at least four times per year.	226

(B) Select and contract with one or more persons to do all of	227
the following relative to the examinations:	228

(1) Prepare, administer, score, and maintain the	229
confidentiality of the examinations;	230

(2) Be responsible for all the expenses required to fulfill	231
division (B)(1) of this section;	232

(3) Charge an applicant a fee in an amount the	233
administrative section of the board authorizes for administering	234
the examinationprocessing the application;	235

(4) Design the examination for each type of contractor to	236
determine an applicant's competence to perform that type of	237
contracting.	238

(C) Issue and renew licenses as follows:

239

(1) Issue a license to any individual who the appropriate	240
section of the board determines is qualified pursuant to section	241
4740.06 of the Revised Code to hold a license and has attained,	242
within the twelve months preceding the individual's application	243
for licensure, a score on the examination that the appropriate	244
section authorizes for the licensed trade.	245

(a) Each license shall include the name of the contracting	246
company, the name and position of the person who assigned the	247
license to the contracting company, a license number, and an	248
expiration date. If the license is a residential only license, the	249
license number shall indicate that the license is a residential	250
only license.	251

(b) Each license issued to an individual who holds more than	252
one valid license shall contain the same license number and	253
expiration date as the original license issued to that individual.	254

(2) Renew licenses for individuals who meet the renewal	255
requirements of section 4740.06 of the Revised Code.	256

(D) Make an annual written report to the director of commerce	257
on proceedings had by or before the board for the previous year	258
and make an annual statement of all money received and expended by	259
the board during the year;	260

(E) Keep a record containing the name, address, the date on	261
which the board issues or renews a license to, and the license	262
number of, every heating, ventilating, and air conditioning	263
contractor, refrigeration contractor, electrical contractor,	264
plumbing contractor, and hydronics contractor issued a license	265
pursuant to this chapter;	266

(F) Regulate a contractor's use and display of a license	267
issued pursuant to this chapter and of any information contained	268
in that license;	269

(G) Adopt rules in accordance with Chapter 119. of the	270
Revised Code as necessary to properly discharge the administrative	271
section's duties under this chapter. The rules shall include, but	272
not be limited to, the following:	273

(1) Application procedures for examinations;

274

(2) Specifications for continuing education requirements for	275
license renewal that address all of the following:	276

(a) A requirement that an individual who holds any number of	277
valid and unexpired licenses accrue a total of ten hours of	278
continuing education courses per year;	279

(b) Fees the board charges to persons who provide continuing	280
education courses, in an amount of twenty-five dollars annually	281
for each person approved to provide courses, not more than ten	282
dollars plus one dollar per credit hour for each course offered	283
submitted to the board, and one dollar per credit hour of	284
instruction per attendee;	285

(c) A provision limiting approval of continuing education	286
courses to one year.	287

(3) Requirements for criminal records checks of applicants	288
under section 4776.03 of the Revised Code.	289

(H) Adopt any continuing education curriculum as the other	290
sections of the board establish or approve pursuant to division	291
(C) of section 4740.05 of the Revised Code;	292

(I) Keep a record of its proceedings and do all things	293
necessary to carry out this chapter.	294

Sec. 4740.05.  (A) Each section of the Ohio construction	295
industry licensing board, other than the administrative section,	296
shall do all of the following:	297

(1) Adopt rules in accordance with Chapter 119. of the	298
Revised Code that are limited to the following:	299

(a) Criteria for the section to use in evaluating the	300
qualifications of an individual;	301

(b) Criteria for the section to use in deciding whether to	302
authorize the administrative section to issue, renew, suspend,	303
revoke, or refuse to issue or renew a license;	304

(c) The determinations and approvals the section makes under	305
the reciprocity provision of section 4740.08 of the Revised Code;	306

(d) Criteria for continuing education courses conducted	307
pursuant to this chapter;	308

(e) A requirement that personsany training agency seeking	309
approval to provide continuing education courses submit the	310
required information to the appropriate section of the board at	311
least thirty days, but not more than one year, prior to the date	312
on which the course is proposed to be offered;	313

(f) A prohibition against any persontraining agency	314
providing a continuing education course unless the administrative	315
section of the board approved that personagency not more than one	316
year prior to the date the course is offered.	317

(2) Investigate allegations in reference to violations of	318
this chapter and the rules adopted pursuant to it that pertain to	319
the section and determine by rule a procedure to conduct	320
investigations and hearings on these allegations;	321

(3) Maintain a record of its proceedings;

322

(4) Grant approval to a persontraining agency to offer	323
continuing education courses pursuant to rules the board adopts;	324

(5) As required, do all things necessary to carry out this	325
chapter.	326

(B) In accordance with rules they establish, the trade	327
sections of the board shall authorize the administrative section	328
to issue, renew, suspend, revoke, or refuse to issue or renew	329
licenses for the classes of contractors for which each has primary	330
responsibility as set forth in section 4740.02 of the Revised	331
Code.	332

(C) Each trade section of the board shall establish or	333
approve a continuing education curriculum for license renewal for	334
each class of contractors for which the section has primary	335
responsibility. No curriculum may require more than fivethree	336
hours per year in specific course requirements. No contractor may	337
be required to take more than ten hours per year in continuing	338
education courses. The ten hours shall be the aggregate of hours	339
of continuing education for all licenses the contractor holds.	340

Sec. 4740.06. (A) Any individual who applies for a license	341
shall file a written application with the appropriate section of	342
the Ohio construction industry licensing board, accompanied with	343
the application fee as determined pursuant to section 4740.09 of	344
the Revised Code. The individual shall file the application not	345
more than sixty days nor less than thirty days prior to the date	346
of the examination. The application shall be on the form the	347
section prescribes and verified by the applicant's oath. The	348
applicant shall provide information satisfactory to the section	349
showing that the applicant meets the requirements of division (B)	350
of this section.	351

(B) To qualify to take an examination, an individual shall:

352

(1) Be at least eighteen years of age;

353

(2) Be a United States citizen or legal alien who produces	354
valid documentation to demonstrate the individual is a legal	355
resident of the United States;	356

(3) Either have been a tradesperson in the type of licensed	357
trade for which the application is filed for not less than five	358
years immediately prior to the date the application is filed, be a	359
currently registered engineer in this state with three years of	360
business experience in the construction industry in the trade for	361
which the engineer is applying to take an examination, or have	362
other experience acceptable to the appropriate section of the	363
board;	364

(4) Maintain contractor's liability insurance, including	365
without limitation, complete operations coverage, in an amount the	366
appropriate section of the board determines;	367

(5) Comply with Chapters 4121., 4123., 4127., 4131., and	368
4141. of the Revised Code;	369

(6) Identify the contracting company with which the applicant	370
is associated as a full-time officer, proprietor, partner, or	371
employee pursuant to section 4740.07 of the Revised Code and to	372
which the individual's license will be assigned;	373

(7) Not have done any of the following:

374

(a) Been convicted of or pleaded guilty to a misdemeanor	375
involving moral turpitude or of any felony subject to Chapter	376
4776. of the Revised Code;	377

(b) Violated this chapter or any rule adopted pursuant to it;

378

(c) Obtained or renewed a license issued pursuant to this	379
chapter, or any order, ruling, or authorization of the board or a	380
section of the board by fraud, misrepresentation, or deception;	381

(d) Engaged in fraud, misrepresentation, or deception in the	382
conduct of business.	383

(C) When an applicant for licensure as a contractor in a	384
licensed trade meets the qualifications set forth in division (B)	385
of this section and passes the required examination, the	386
appropriate section of the board, within ninety days after the	387
application was filed, shall authorize the administrative section	388
of the board to license the applicant for the type of contractor's	389
license for which the applicant qualifies. A section of the board	390
may withdraw its authorization to the administrative section for	391
issuance of a license for good cause shown, on the condition that	392
notice of that withdrawal is given prior to the administrative	393
section's issuance of the license.	394

(D) If the applicant does not pass the required examination,	395
the applicant may retake the examination not less than sixty days	396
after the applicant's initial examination and not more than one	397
time per year thereafter.	398

(E) All licenses a contractor holds pursuant to this chapter	399
shall expire annually on the same date, which shall be the	400
expiration date of the original license the contractor holds. An	401
individual holding a valid, unexpired license may renew the	402
license, without reexamination, by submitting an application to	403
the appropriate section of the board not more than ninety calendar	404
days before the expiration of the license, along with the renewal	405
fee the section requires and proof of compliance with the	406
applicable continuing education requirements. The applicant shall	407
provide information in the renewal application satisfactory to	408
demonstrate to the appropriate section that the applicant	409
continues to meet the requirements of division (B) of this	410
section.	411

Upon application and within one calendar year after a license	412
has expired, a section may waive any of the requirements for	413
renewal of a license upon finding that an applicant substantially	414
meets the renewal requirements or that failure to timely apply for	415
renewal is due to excusable neglect. A section that waives	416
requirements for renewal of a license may impose conditions upon	417
the licensee and assess a late filing fee of not more than double	418
the usual renewal fee. An applicant shall satisfy any condition	419
the section imposes before a license is reissued.	420

(E)(F) An individual holding a valid license may request the	421
section of the board that authorized that license to place the	422
license in inactive status under conditions, and for a period of	423
time, as that section determines.	424

(F)(G) Except for the ninety-day extension provided for a	425
license assigned to a business entitycontracting company under	426
division (D)(C) of section 4740.07 of the Revised Code, a license	427
held by an individual immediately terminates upon the death of the	428
individual.	429

(G)(H) Nothing in any license issued by the Ohio construction	430
industry licensing board shall be construed to limit or eliminate	431
any requirement of or any license issued by the Ohio fire marshal.	432

Sec. 4740.07.  (A) Except as otherwise provided in this	433
section, the administrative section of the Ohio construction	434
industry licensing board shall issue and renew all licenses under	435
this chapter in the name of the individual who meets the	436
requirements of section 4740.06 of the Revised Code.	437

(B) Any individual may request, atAt the time of applying	438
for a license or at any time thereafter, that the individual's	439
license be assigned to a business entity, an applicant shall	440
identify the contracting company with whom the individual is	441
associated as a full-time officer, proprietor, partner, or	442
employee. If the individual is issued or holds a license and meets	443
the requirements of this section for the assignment of the	444
license to a business entity, the administrative section shall	445
assign the license to and issue a license in the name of the	446
business entityindividual and contracting company. The license	447
assigned and issued to a business entity under this division shall	448
state the name and position of the individual who assigned the	449
license to the business entity.	450

(C)(B) During the period a business entitycontracting	451
company holds a license issued under division (B)(A) of this	452
section, the administrative section shall not issue another	453
license to the individual who assigned the license to the business	454
entitycontracting company for the same type of contracting for	455
which the business entitycontracting company utilizes the	456
assigned license.	457

(D)(C)(1) If an individual who assigned a license to a	458
business entity ceases to be associated with the business entity	459
contracting company to which the license is assigned for any	460
reason, including the death of the individual, the individual or	461
business entitycontracting company immediately shall notify the	462
appropriate section of the Ohio construction industry licensing	463
board of the date on which the individual ceased to be	464
associated with the business entitycontracting company. A	465
license assigned to a business entitycontracting company is	466
invalid ninety calendar days after the date on which the	467
individual who assigned the license ceases to be associated with	468
the business entitycontracting company or at an earlier time to	469
which the business entitycontracting company and the individual	470
agree.	471

(2) If a license assigned to a contracting company becomes	472
invalid pursuant to division (C)(1) of this section, an individual	473
shall do one of the following:	474

(a) At least fourteen days before the date the license	475
assigned to the contracting company becomes invalid, request the	476
appropriate section of the board to reassign the individual's	477
license to a contracting company with whom the individual is	478
associated as described in division (A) of this section;	479

(b) If the individual is not associated with a contracting	480
company as described in division (A) of this section on the date	481
the license assigned to the contracting company becomes invalid,	482
request that the appropriate section of the board place the	483
individual's license in escrow until the date the individual	484
requests the appropriate section of the board to assign the	485
license to another contracting company with whom the individual is	486
associated as described in division (A) of this section.	487

(3) If a license assigned to a business entitycontracting	488
company becomes invalid pursuant to division (D)(C)(1) of this	489
section and another individual has assigned a license to the	490
business entitycontracting company for the same type of	491
contracting for which the invalidated license had been assigned,	492
the business entitycontracting company may continue to operate	493
under the other assigned license.	494

(E)(D) Any work a business entitycontracting company	495
conducts under a license assigned under this section is deemed to	496
be conducted under the personal supervision of the individual	497
named in the license and any violation of any term of the license	498
is deemed to have been committed by the individual named in the	499
license.	500

For the period of time during which more than one license for	501
the same type of contracting is assigned to a business entity, any	502
work the business entity conducts under any of those licenses is	503
deemed to be conducted under the personal supervision of the	504
individuals named in those licenses and any violation of any term	505
of any license is deemed to have been committed by the	506
individuals named in all of the licenses contracting company,	507
the appropriate section of the board shall determine under which	508
license the violation was committed, and any individual named in	509
the other licenses shall not be held liable for the violation.	510

(F)(E) No individual who assigns a license to a business	511
entitycontracting company shall assign a license for the same	512
type of contracting to another business entitycontracting company	513
until the original license assigned is invalid pursuant to	514
division (D)(C) of this section.	515

(G)(F) Any individual who assigns a license to a business	516
entitycontracting company under this section shall be actively	517
engaged in business as the type of contractor for which the	518
license is issued and be readily available for consultation with	519
the business entitycontracting company to which the license is	520
assigned.	521

(H)(G) No license assigned under this section shall be	522
assigned to more than one business entitycontracting company at a	523
time.	524

Sec. 4740.10.  (A) The appropriate section of the Ohio	525
construction industry licensing board, upon an affirmative vote of	526
foura majority of its members, may take any of the following	527
actions against a licensee who violates Chapter 4740. of the	528
Revised Code:	529

(1) Impose a fine on the licensee, not exceeding one thousand	530
dollars per violation per day;	531

(2) Direct the administrative section to suspend the	532
licensee's license for a period of time the section establishes;	533

(3) Direct the administrative section to revoke the	534
licensee's license;	535

(4) Require the licensee to complete additional continuing	536
education course work. Any continuing education course work	537
completed pursuant to this division may not count toward any other	538
continuing education requirements this chapter establishes.	539

(5) Direct the administrative section to refuse to issue or	540
renew a license if the section finds that the applicant or	541
licensee has done any of the following:	542

(a) Been convicted of a misdemeanor involving moral turpitude	543
or a felony;	544

(b) Violated any provision of this chapter or the rules	545
adopted pursuant thereto;	546

(c) Obtained a license or any order, ruling, or authorization	547
of the board by fraud, misrepresentation, or deception;	548

(d) Engaged in fraud, misrepresentation, or deception in the	549
conduct of business.	550

(B) The appropriate section of the board shall determine the	551
length of time that a license is to be suspended and whether or	552
when an individual whose license has been revoked may apply for	553
reinstatement. The appropriate section of the board may accept or	554
refuse an application for reinstatement and may require an	555
examination for reinstatement.	556

(C) The appropriate section of the boardAn investigator	557
appointed by the director of commerce or the administrative	558
section pursuant to division (C) of section 4740.03 of the	559
Revised Code may investigate any alleged violation of this	560
chapter or the rules adopted pursuant to it on behalf of the	561
appropriate section of the board. The investigator's	562
investigation may include, but is not limited to, areas or	563
activities related only to permits or approvals.	564

(D) If, after an investigation, a section or the section's	565
designee determines that any person has engaged or is engaging	566
in any practice that violates this chapter or the rules adopted	567
pursuant to it, that section or the investigator may apply to the	568
court of common pleas of the county in which the violation	569
occurred or is occurring for an injunction or other appropriate	570
relief to enjoin or terminate the violation.	571

(D)(E) Any person who wishes to make a complaint against a	572
person who holds a license shall submit the complaint in writing	573
to the appropriate section of the board within three yearsone	574
year after the date of the action or event upon which the	575
complaint is based.	576

(F)(1) The appropriate section shall provide notice of any	577
fine imposed under division (A)(1) of this section to the	578
individual and to the contracting company to which the license is	579
assigned in writing and with a description of the appropriate	580
appeals process.	581

(2) If a licensee fails to pay a fine imposed under division	582
(A)(1) of this section within thirty days after the imposition of	583
the fine, the board shall notify the attorney general. The	584
attorney general may bring an action to recover the amount of	585
money and any reasonable attorney's fees.	586

Sec. 4740.11.  The Ohio construction industry licensing board	587
and its sections shall deposit twenty per cent of all receipts and	588
fines collected under this chapter into the construction	589
industry licensing enforcement fund which is hereby created. The	590
board shall use the funds to enforce the provisions of this	591
chapter.	592

The board shall deposit the remainder of the receipts and	593
fines collected under this chapter into the state treasury to the	594
credit of the labor operating fund created in section 121.084	595
of the Revised Code.	596

Sec. 4740.12.  (A) No political subdivision, district, or	597
agency of the state may adoptshall do either of the following:	598

(1) Adopt an ordinance or rule that requires contractor	599
registration and the assessment of a registration or license fee	600
unless that ordinance or rule also requires any contractor who	601
registers and pays the registration or license fee to be licensed	602
in the contractor's trade pursuant to this chapter;	603

(2) Require a contractor who is licensed in the contractor's	604
trade pursuant to this chapter to meet any additional eligibility	605
requirements for registration or licensure by the political	606
subdivision, district, or agency of the state.	607

(B) Nothing in this section shall be construed to limit the	608
ability of a political subdivision, district, or agency of this	609
state to charge a registration or license fee or to require	610
permits, approvals, or code compliance bonds.	611

(C) Except as provided in division (A) of this section,	612
nothing in this chapter shall be construed to limit the operation	613
of any statute or rule of this state or any ordinance or rule of	614
any political subdivision, district, or agency of the state that	615
does either of the following:	616

(1) Regulates the installation, repair, maintenance, or	617
alteration of plumbing systems, hydronics systems, electrical	618
systems, heating, ventilating, and air conditioning systems, or	619
refrigeration systems;	620

(2) Requires the registration and assessment of a	621
registration or license fee of tradespersons who perform heating,	622
ventilating, and air conditioning, refrigeration, electrical,	623
plumbing, or hydronics construction, improvement, renovation,	624
repair, or maintenance.	625

Sec. 4740.13. (A)(1) No individual shall perform any of the	626
duties, responsibilities, or functions of a heating, ventilating,	627
and air conditioning contractor, refrigeration contractor,	628
electrical contractor, plumbing contractor, or hydronics	629
contractor, other than for personal use, unless that individual is	630
licensed under this chapter or unless the individual is employed	631
by a contractor licensed under this chapter.	632

(2) No person shall act as or claim to be a type of	633
contractor that this chapter licenses unless that person holds or	634
has been assigned a license issued pursuant to this chapter for	635
the type of contractor that person is acting as or claiming to be.	636

(B) Upon the request of the appropriate section of the Ohio	637
construction industry licensing board, the attorney general may	638
bring a civil action for appropriate relief, including but not	639
limited to a temporary restraining order or permanent injunction	640
in the court of common pleas of the county where the unlicensed	641
person resides or is acting as or claiming to be a licensed	642
contractor.	643

(C) A contractor licensed under this chapter may install,	644
service, and maintain the related or interfaced control wiring for	645
equipment and devices related to their specific license, on the	646
condition that the control wiring is less than twenty-five volts.	647

(D) A person is not an electrical contractor subject to	648
licensure under this chapter for work that is limited to the	649
construction, improvement, renovation, repair, testing, or	650
maintenance of the following systems using less than fifty volts	651
of electricity: fire alarm or burglar alarm, cabling, tele-data	652
sound, communication, and landscape lighting and irrigation.	653

Sec. 4740.14.  (A) There is hereby created within the	654
department of commerce the residential construction advisory	655
committee consisting of ninethe following twelve persons the	656
director of commerce appoints. Of the advisory committee's	657
members, three shall be:	658

(1) Three general contractors who have recognized ability	659
and experience in the construction of residential buildings, two	660
shall be;	661

(2) Two building officials who have experience administering	662
and enforcing a residential building code, one;	663

(3) One, chosen from a list of three names the Ohio fire	664
chief's association submits, shall be from the fire service	665
certified as a fire safety inspector who has at least ten years	666
of experience enforcing fire or building codes, one shall be a;	667

(4) One residential contractor who has recognized ability and	668
experience in the remodeling and construction of residential	669
buildings, one shall be an;	670

(5) One architect registered pursuant to Chapter 4703. of	671
the Revised Code, with recognized ability and experience in the	672
architecture of residential buildings, and one;	673

(6) One licensed plumbing contractor chosen from a list of	674
three names submitted by the Ohio association of	675
plumbing-heating-cooling contractors;	676

(7) One licensed heating, ventilating, and air conditioning	677
contractor chosen from a list of three names submitted by the air	678
conditioning contractors of America-Ohio chapter;	679

(8) One licensed electrical contractor chosen from a list of	680
three names submitted by the associated electrical contractors,	681
central Ohio chapter, independent electrical contractors	682
(AEC/IEC);	683

(9) One, chosen from a list of three names the Ohio	684
municipal league submits to the director, shall be a mayor of a	685
municipal corporation in which the Ohio residential building	686
code is being enforced in the municipal corporation by a	687
certified building department.	688

(B) The director shall make appointments to the advisory	689
committee within ninety days after May 27, 2005.Terms	690

Terms of office shall be for three years, with each term	691
ending on the date three years after the date of appointment.	692
Each member shall hold office from the date of appointment until	693
the end of the term for which the member was appointed. The	694
director shall fill a vacancy in the manner provided for initial	695
appointments. Any member appointed to fill a vacancy in an	696
unexpired term shall hold office for the remainder of that term.	697

(C) The advisory committee shall do all of the following:

698

(1) Recommend to the board of building standards a building	699
code for residential buildings. The committee shall recommend a	700
code that it may model on a residential building code a national	701
model code organization issues, with adaptations necessary to	702
implement the code in this state. If the board of building	703
standards decides not to adopt a code the committee recommends,	704
the committee shall revise the code and resubmit it until the	705
board adopts a code the committee recommends as the state	706
residential building code;	707

(2) Advise the board regarding the establishment of standards	708
for certification of building officials who enforce the state	709
residential building code;	710

(3) Assist the board in providing information and guidance to	711
residential contractors and building officials who enforce the	712
state residential building code;	713

(4) Advise the board regarding the interpretation of the	714
state residential building code;	715

(5) Provide other assistance the committee considers	716
necessary;	717

(6) Provide the board with a written report of the	718
committee's findings for each consideration required by division	719
(D) of this section.	720

(D) The committee shall not make its recommendation to the	721
board pursuant to divisions (C)(1), (2), and (4) of this section	722
until the advisory committee has considered all of the	723
following:	724

(1) The impact that the state residential building code may	725
have upon the health, safety, and welfare of the public;	726

(2) The economic reasonableness of the residential building	727
code;	728

(3) The technical feasibility of the residential building	729
code;	730

(4) The financial impact that the residential building code	731
may have on the public's ability to purchase affordable housing.	732

(E) The advisory committee may provide the board with any	733
rule the committee recommends to update or amend the state	734
residential building code or any rule that the committee	735
recommends to update or amend the state residential building code	736
after receiving a petition described in division (A)(2) of section	737
3781.12 of the Revised Code.	738

(F) Members of the advisory committee shall receive no salary	739
for the performance of their duties as members, but shall receive	740
their actual and necessary expenses incurred in the performance of	741
their duties as members of the advisory committee and shall	742
receive a per diem for each day in attendance at an official	743
meeting of the committee, to be paid from the labor operating fund	744
in the state treasury, using fees collected in connection with	745
residential buildings pursuant to division (F)(2) of section	746
3781.102 of the Revised Code and deposited in that fund.	747

(G) The advisory committee is not subject to divisions (A)	748
and (B) of section 101.84 of the Revised Code.	749

Sec. 4740.16. (A) The(1) An investigator appointed by the	750
director of commerce pursuant to division (C) of section 4740.03	751
of the Revised Code, on behalf of the appropriate section of the	752
Ohio construction industry licensing board, may investigate any	753
person who allegedly has violated section 4740.13 of the Revised	754
Code. The investigator's investigation may include, but is not	755
limited to, areas or activities related only to permits or	756
approvals.	757

(2) Any person who wishes to make a complaint against a	758
person who allegedly has violated section 4740.13 of the Revised	759
Code shall submit the complaint in writing to the appropriate	760
section of the board within one year after the date of the action	761
or event upon which the complaint is based.	762

(B) If, after an investigation pursuant to section 4740.05	763
of the Revised Code, the appropriate section or the section's	764
designee determines that reasonable evidence exists that a	765
person has violated section 4740.13 of the Revised Code, within	766
seven days after that determination, the appropriate section or	767
the investigator shall send a written notice to that person in	768
the same manner as prescribed in section 119.07 of the Revised	769
Code for licensees, except that the notice shall specify that a	770
hearing will be held and specify the date, time, and place of the	771
hearing.	772

(B)(C) The appropriate section shall hold a hearing regarding	773
the alleged violation in the same manner prescribed for an	774
adjudication hearing under section 119.09 of the Revised Code. If	775
the appropriate section, after the hearing, determines a violation	776
has occurred, the appropriate section, upon an affirmative vote of	777
foura majority of its members, may impose a fine on the person,	778
not exceeding one thousand dollars per violation per day. The	779
appropriate section's determination is an order that the person	780
may appeal in accordance with section 119.12 of the Revised Code.	781

(C)(D) If the person who allegedly committed a violation of	782
section 4740.13 of the Revised Code fails to appear for a hearing,	783
the appropriate section may request the court of common pleas of	784
the county where the alleged violation occurred to compel the	785
person to appear before the appropriate section for a hearing.	786

(D)(E) If the appropriate section assesses a person a civil	787
penalty for a violation of section 4740.13 of the Revised Code and	788
the person fails to pay that civil penalty within the time period	789
prescribed by the appropriate section, the appropriate section	790
shall forward to the attorney general the name of the person and	791
the amount of the civil penalty for the purpose of collecting that	792
civil penalty. In addition to the civil penalty assessed pursuant	793
to this section, the person also shall pay any fee assessed by the	794
attorney general for collection of the civil penalty.	795

Section 2.  That existing sections 4740.01, 4740.02, 4740.03,	796
4740.04, 4740.05, 4740.06, 4740.07, 4740.10, 4740.11, 4740.12,	797
4740.13, 4740.14, and 4740.16 of the Revised Code are hereby	798
repealed.	799

Section 3.  Initial appointments of contractors holding the	800
residential only licenses to each section of the Ohio Construction	801
Licensing Board as required by this act shall be made within six	802
months after the effective date of the act. Notwithstanding	803
division (E) of section 4740.02 of the Revised Code, one member	804
for each section who holds a residential only license shall serve	805
an initial term of two years and one member for each section who	806
holds a residential only license shall serve an initial term of	807
three years. Thereafter, terms shall be as specified in division	808
(E) of section 4740.02 of the Revised Code.	809

Section 4.  The Director of Commerce shall make the initial	810
appointments of the additional three members of the Residential	811
Construction Advisory Committee required by this act within ninety	812
days after the effective date of the act. Terms shall be as	813
specified in division (B) of section 4740.14 of the Revised Code.	814

Section 5.  (A) Notwithstanding division (C) of section	815
4740.06 of the Revised Code, the appropriate section of the Ohio	816
Construction Licensing Board may authorize the administrative	817
section of the Board to license an applicant without requiring the	818
applicant to pass the examination if all of the following apply:	819

(1) The applicant applies for licensure within six months	820
after the effective date of this act.	821

(2) The applicant pays an application fee of fifty dollars.

822

(3) The applicant identifies the contracting company with	823
which the applicant is associated as a full-time officer,	824
proprietor, partner, or employee to which the applicant's license	825
will be assigned pursuant to section 4740.07 of the Revised Code.	826

(4) The applicant complies with section 4740.061 of the	827
Revised Code.	828

(5) The applicant submits to the appropriate section evidence	829
of all of the following:	830

(a) Current contractor's liability insurance in the name of a	831
single company under which the applicant is the primary insured.	832
The liability insurance shall be in an amount of not less than	833
five hundred thousand dollars including complete operations	834
coverage.	835

(b) Compliance with Chapters 4121., 4123, 4127., 4131., and	836
4141. of the Revised Code;	837

(c) Compliance with any other requirements the Board	838
determines to be necessary.	839

(6) The applicant has not done any of the following:

840

(a) Been convicted of or pleaded guilty to a misdemeanor	841
involving moral turpitude or of any felony subject to Chapter	842
4776. of the Revised Code;	843

(b) Violated Chapter 4740. of the Revised Code or any rule	844
adopted pursuant to it;	845

(c) Obtained or renewed a license issued pursuant to Chapter	846
4740. of the Revised Code, or any order, ruling, or authorization	847
of the Ohio Construction Industry Licensing Board or a section of	848
the Board by fraud, misrepresentation, or deception;	849

(d) Engaged in fraud, misrepresentation, or deception in the	850
conduct of business.	851

(7) The applicant meets either of the following requirements:

852

(a) The applicant holds a valid and unexpired registration or	853
license issued in the specialty trade by a municipality, county,	854
or health department of this state prior to the effective date of	855
this act.	856

(b) The applicant has been actively engaged as a residential	857
heating, ventilating, and air conditioning contractor,	858
refrigeration contractor, electrical contractor, plumbing	859
contractor, or hydronics contractor for at least three	860
consecutive years immediately preceding the effective date of	861
this act. The applicant shall submit to the Board records from	862
the contracting company with which the applicant is associated,	863
including tax returns and any other evidence necessary to verify	864
that the applicant has met the experience requirements of	865
division (A)(4)(b) of this section, and shall satisfy the	866
qualifications necessary to take the examination under division	867
(B) of section 4740.06 of the Revised Code. The applicant's	868
application shall be reviewed by at least three members of the	869
appropriate section of the Board.	870

(B) The Board shall issue a universal license to any person	871
that holds a license issued by the Ohio Construction Industry	872
Licensing Board, in good standing, as a heating, ventilating, and	873
air conditioning contractor, refrigeration contractor, electrical	874
contractor, plumbing contractor, or hydronics contractor prior to	875
the effective date of this act. A license issued under this	876
division shall be effective for the term of the license that it	877
replaced.	878