Bill Text: OH SB78 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To make changes to the law regulating specialty construction contractors.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2014-09-17 - Effective Date [SB78 Detail]
Download: Ohio-2013-SB78-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To make changes to the law regulating specialty construction contractors.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2014-09-17 - Effective Date [SB78 Detail]
Download: Ohio-2013-SB78-Engrossed.html
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Senator Hughes
Cosponsors:
Senators Brown, Bacon, Burke, Eklund, Gentile, Patton, Peterson, Sawyer, Schiavoni
To amend sections 4740.01, 4740.02, 4740.04, 4740.05, | 1 |
4740.06, 4740.07, 4740.08, 4740.09, 4740.13, and | 2 |
4740.16, to enact new section 4740.10 and section | 3 |
4740.131, and to repeal section 4740.10 of the | 4 |
Revised Code to make changes to the law regulating | 5 |
specialty construction contractors. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4740.01, 4740.02, 4740.04, 4740.05, | 7 |
4740.06, 4740.07, 4740.08, 4740.09, 4740.13, and 4740.16 be | 8 |
amended and new section 4740.10 and section 4740.131 of the | 9 |
Revised Code be enacted to read as follows: | 10 |
Sec. 4740.01. As used in this chapter: | 11 |
(A) "License" means a license the Ohio construction industry | 12 |
licensing board issues to an individual as a heating, ventilating, | 13 |
and air conditioning contractor, refrigeration contractor, | 14 |
electrical contractor, plumbing contractor, or hydronics | 15 |
contractor. | 16 |
(B) "Contractor" means any individual or | 17 |
contracting company that satisfies both of the following: | 18 |
(1) | 19 |
means, method, and manner of construction, improvement, | 20 |
renovation, repair, or maintenance on a construction project with | 21 |
respect to one or more trades and who offers, identifies, | 22 |
advertises, or otherwise holds out or represents that the | 23 |
individual or | 24 |
qualified to perform | 25 |
for the means, method, and manner of construction, improvement, | 26 |
renovation, repair, or maintenance with respect to one or more | 27 |
trades on a construction project; | 28 |
(2) | 29 |
of the following: | 30 |
(a) Performs construction, improvement, or renovation on a | 31 |
construction project with respect to the individual's or | 32 |
contracting company's trade; | 33 |
(b) Employs tradespersons who perform construction, | 34 |
improvement, or renovation | 35 |
construction project with respect to the
| 36 |
individual's or contracting company's trades. | 37 |
(C) "Contracting company" means a company in the construction | 38 |
industry working on construction projects. | 39 |
(D) "Licensed trade" means a trade performed by a heating, | 40 |
ventilating, and air conditioning contractor, a refrigeration | 41 |
contractor, an electrical contractor, a plumbing contractor, or a | 42 |
hydronics contractor. | 43 |
| 44 |
45 | |
contractor and who engages in construction, improvement, | 46 |
renovation, repair, or maintenance of buildings or structures | 47 |
without assuming responsibility for the means, method, or manner | 48 |
of that construction, improvement, renovation, repair, or | 49 |
maintenance. | 50 |
| 51 |
involving a building or structure subject to Chapter 3781. of the | 52 |
Revised Code and the rules adopted under that chapter, but not an | 53 |
industrialized unit or a residential building as defined in | 54 |
section 3781.06 of the Revised Code. | 55 |
(G) "Training agency" means an entity approved by the | 56 |
administrative section of the board to provide continuing | 57 |
education courses. | 58 |
Sec. 4740.02. (A) There is hereby created within the | 59 |
department of commerce, the Ohio construction industry licensing | 60 |
board, consisting of seventeen residents of this state. The board | 61 |
shall have an administrative section | 62 |
sections: a plumbing and hydronics section, an electrical section, | 63 |
and a heating, ventilating, air conditioning, and refrigeration | 64 |
section. The director of commerce shall appoint all members of the | 65 |
board. The director or the director's designee shall serve as a | 66 |
member of the administrative section and the director shall | 67 |
appoint to the section to represent the public, one member who is | 68 |
not a member of any group certified by any section of the board. | 69 |
Each section, other than the administrative section, shall | 70 |
annually elect a member of its section to serve a one-year term on | 71 |
the administrative section. | 72 |
(B) The plumbing and hydronics section consists of five | 73 |
members, one of whom is a plumbing inspector employed by the | 74 |
department of commerce, a municipal corporation, or a health | 75 |
district, two of whom are plumbing contractors who have no | 76 |
affiliation with any union representing plumbers, and two of whom | 77 |
are plumbing contractors who are signatories to agreements with | 78 |
unions representing plumbers. | 79 |
The plumbing and hydronics section has primary responsibility | 80 |
for the licensure of plumbing contractors and hydronics | 81 |
contractors. | 82 |
(C) The electrical section consists of five members, one of | 83 |
whom is an electrical inspector employed by the department of | 84 |
commerce, a municipal corporation, or a county, two of whom are | 85 |
electrical contractors who have no affiliation with any union | 86 |
representing electricians, and two of whom are electrical | 87 |
contractors who are signatories to agreements with unions | 88 |
representing electricians. | 89 |
The electrical section has primary responsibility for the | 90 |
licensure of electrical contractors. | 91 |
(D) The heating, ventilating, air conditioning, and | 92 |
refrigeration section consists of five members, one of whom is a | 93 |
heating, ventilating, air conditioning, and refrigeration | 94 |
inspector employed by either the department of commerce or a | 95 |
municipal corporation; two of whom are heating, ventilating, and | 96 |
air conditioning contractors or refrigeration contractors who have | 97 |
no affiliation with any union representing heating, ventilating, | 98 |
and air conditioning tradespersons or refrigeration tradespersons; | 99 |
and two of whom are heating, ventilating, and air conditioning | 100 |
contractors or refrigeration contractors who are signatories to | 101 |
agreements with unions representing heating, ventilating, and air | 102 |
conditioning tradespersons or refrigeration tradespersons. | 103 |
The heating, ventilating, air conditioning, and refrigeration | 104 |
section has primary responsibility for the licensure of heating, | 105 |
ventilating, and air conditioning contractors and refrigeration | 106 |
contractors. | 107 |
(E) Within ninety days after July 31, 1992, initial | 108 |
appointments shall be made to the board. Of the initial | 109 |
appointments to the board, two appointments in each section, other | 110 |
than the administrative section, are for terms ending one year | 111 |
after July 31, 1992, and two are for terms ending two years after | 112 |
July 31, 1992. All other appointments to the board are for terms | 113 |
ending three years after July 31, 1992. Thereafter, terms of | 114 |
office are for three years, each term ending on the same day of | 115 |
the same month of the year as did the term that it succeeds. Each | 116 |
member shall hold office from the date of appointment until the | 117 |
end of the term for which the member was appointed. Members may be | 118 |
reappointed. Vacancies shall be filled in the manner provided for | 119 |
original appointments. Any member appointed to fill a vacancy | 120 |
occurring prior to the expiration of the term for which the | 121 |
member's predecessor was appointed shall hold office as a member | 122 |
for the remainder of that term. A member shall continue in office | 123 |
subsequent to the expiration of a term until a successor takes | 124 |
office or until a period of sixty days has elapsed, whichever | 125 |
occurs first. | 126 |
(F) Before entering upon the discharge of official duties, | 127 |
each member shall take | 128 |
oath of office required by Section 7 of Article XV, Ohio | 129 |
Constitution. | 130 |
(G) Each member, except for the director or the director's | 131 |
designee, shall receive a per diem amount fixed pursuant to | 132 |
section 124.15 of the Revised Code when actually attending to | 133 |
matters of the board and for the time spent in necessary travel, | 134 |
and all actual and necessary expenses incurred in the discharge of | 135 |
official duties. | 136 |
(H) The director of commerce may remove any member of the | 137 |
board the director appoints for malfeasance, misfeasance, or | 138 |
nonfeasance. | 139 |
(I) Membership on the board and holding any office of the | 140 |
board does not constitute holding a public office or employment | 141 |
within the meaning of any section of the Revised Code, or an | 142 |
interest, either direct or indirect, in a contract or expenditure | 143 |
of money by the state or any municipal corporation, township, | 144 |
special district, school district, county, or other political | 145 |
subdivision. No member or officer of the board is disqualified | 146 |
from holding any public office or employment nor shall the officer | 147 |
or member forfeit any public office or employment by reason of | 148 |
holding a position as an officer or member of the board. | 149 |
(J) The board, and each section of the board, shall meet only | 150 |
after adequate advance notice of the meeting has been given to | 151 |
each member of the board or section, as appropriate. | 152 |
Sec. 4740.04. The administrative section of the Ohio | 153 |
construction industry licensing board is responsible for the | 154 |
administration of this chapter and shall do all of the following: | 155 |
(A) Schedule the contractor examinations each of the other | 156 |
sections of the board directs. Each type of examination shall be | 157 |
held at least four times per year. | 158 |
(B) Select and contract with one or more persons to do all of | 159 |
the following relative to the examinations: | 160 |
(1) Prepare, administer, score, and maintain the | 161 |
confidentiality of the examinations; | 162 |
(2) Be responsible for all the expenses required to fulfill | 163 |
division (B)(1) of this section; | 164 |
(3) Charge an applicant a fee in an amount the administrative | 165 |
section of the board authorizes for administering the examination | 166 |
| 167 |
168 | |
169 |
(C) Issue and renew licenses as follows: | 170 |
(1) Issue a license to any individual who the appropriate | 171 |
specialty section of the board determines is qualified pursuant to | 172 |
section 4740.06 of the Revised Code to hold a license and has | 173 |
attained, within the twelve months preceding the individual's | 174 |
application for licensure, a score on the examination that the | 175 |
appropriate specialty section authorizes for the licensed trade. | 176 |
(a) Each license shall include | 177 |
license number | 178 |
contracting company associated with the individual, as applicable. | 179 |
(b) Each license issued to an individual who holds more than | 180 |
one valid license shall contain the same license number and | 181 |
expiration date as the original license issued to that individual. | 182 |
(2) Renew licenses for individuals who meet the renewal | 183 |
requirements of section 4740.06 of the Revised Code. | 184 |
(D) Make an annual written report to the director of commerce | 185 |
on proceedings had by or before the board for the previous year | 186 |
and make an annual statement of all money received and expended by | 187 |
the board during the year; | 188 |
(E) Keep a record containing the name, address, the date on | 189 |
which the board issues or renews a license to, and the license | 190 |
number of, every heating, ventilating, and air conditioning | 191 |
contractor, refrigeration contractor, electrical contractor, | 192 |
plumbing contractor, and hydronics contractor issued a license | 193 |
pursuant to this chapter; | 194 |
(F) Regulate a contractor's use and display of a license | 195 |
issued pursuant to this chapter and of any information contained | 196 |
in that license; | 197 |
(G) Adopt rules in accordance with Chapter 119. of the | 198 |
Revised Code as necessary to properly discharge the administrative | 199 |
section's duties under this chapter. The rules shall include, but | 200 |
not be limited to, the following: | 201 |
(1) Application procedures for examinations; | 202 |
(2) Specifications for continuing education requirements for | 203 |
license renewal that address all of the following: | 204 |
(a) A requirement that an individual who holds any number of | 205 |
valid and unexpired licenses accrue a total of ten hours of | 206 |
continuing education courses per year; | 207 |
(b) Fees the board charges to persons who provide continuing | 208 |
education courses, in an amount of twenty-five dollars annually | 209 |
for each person approved to provide courses, not more than ten | 210 |
dollars plus one dollar per credit hour for each course | 211 |
submitted to a specialty section of the board for approval | 212 |
according to division (F) of section 4740.05 of the Revised Code, | 213 |
and one dollar per credit hour of instruction per attendee; | 214 |
(c) A provision limiting approval of continuing education | 215 |
courses to one year. | 216 |
(3) Requirements for criminal records checks of applicants | 217 |
under section 4776.03 of the Revised Code. | 218 |
(H) Adopt any continuing education curriculum as the other | 219 |
sections of the board establish or approve pursuant to division | 220 |
221 |
(I) Keep a record of its proceedings and do all things | 222 |
necessary to carry out this chapter. | 223 |
Sec. 4740.05. | 224 |
construction industry licensing board, other than the | 225 |
administrative section, shall do all of the following: | 226 |
| 227 |
Revised Code that are limited to the following: | 228 |
| 229 |
qualifications of an individual; | 230 |
| 231 |
232 | |
revoke, or refuse to issue or renew a license; | 233 |
| 234 |
under the reciprocity provision of section 4740.08 of the Revised | 235 |
Code; | 236 |
| 237 |
pursuant to this chapter; | 238 |
| 239 |
approval to provide continuing education courses submit the | 240 |
required information to the appropriate specialty section of the | 241 |
board at least thirty days, but not more than one year, prior to | 242 |
the date on which the course is proposed to be offered; | 243 |
| 244 |
providing a continuing education course unless the administrative | 245 |
section of the board approved that | 246 |
than one year prior to the date the course is offered; | 247 |
| 248 |
4740.06, 4740.10, and 4776.10 of the Revised Code. | 249 |
| 250 |
this chapter and the rules adopted pursuant to it that pertain to | 251 |
the specialty section and determine by rule a procedure to conduct | 252 |
investigations and hearings on these allegations; | 253 |
| 254 |
| 255 |
continuing education courses pursuant to rules the board adopts; | 256 |
| 257 |
chapter | 258 |
| 259 |
260 | |
261 | |
262 | |
263 | |
264 |
| 265 |
(F) Establish or approve a continuing education curriculum | 266 |
for license renewal for each class of contractors for which the | 267 |
section has primary responsibility. No curriculum may require more | 268 |
than five hours per year in specific course requirements. No | 269 |
contractor may be required to take more than ten hours per year in | 270 |
continuing education courses. The ten hours shall be the aggregate | 271 |
of hours of continuing education for all licenses the contractor | 272 |
holds. | 273 |
(G) Design the examination for the type of contractor the | 274 |
specialty section licenses to determine an applicant's competence | 275 |
to perform that type of contracting. | 276 |
Sec. 4740.06. (A) Any individual who applies for a license | 277 |
shall file a written application with the appropriate specialty | 278 |
section of the Ohio construction industry licensing board, | 279 |
accompanied with the application fee as determined pursuant to | 280 |
section 4740.09 of the Revised Code. | 281 |
282 | |
283 | |
the form the section prescribes and verified by the applicant's | 284 |
oath. The applicant shall provide information satisfactory to the | 285 |
section showing that the applicant meets the requirements of | 286 |
division (B) of this section. | 287 |
(B) To qualify to take an examination, an individual shall: | 288 |
(1) Be at least eighteen years of age; | 289 |
(2) Be a United States citizen or legal alien who produces | 290 |
valid documentation to demonstrate the individual is a legal | 291 |
resident of the United States; | 292 |
(3) Either have been a tradesperson in the type of licensed | 293 |
trade for which the application is filed for not less than five | 294 |
years immediately prior to the date the application is filed, be a | 295 |
currently registered engineer in this state with three years of | 296 |
business experience in the construction industry in the trade for | 297 |
which the engineer is applying to take an examination, or have | 298 |
other experience acceptable to the appropriate specialty section | 299 |
of the board; | 300 |
(4) Maintain contractor's liability insurance | 301 |
302 | |
appropriate specialty section of the board determines and only in | 303 |
one contracting company name; | 304 |
(5) Not have done any of the following: | 305 |
(a) Been convicted of or pleaded guilty to a crime of moral | 306 |
turpitude or a disqualifying offense as those terms are defined in | 307 |
section 4776.10 of the Revised Code; | 308 |
(b) Violated this chapter or any rule adopted pursuant to it; | 309 |
(c) Obtained or renewed a license issued pursuant to this | 310 |
chapter, or any order, ruling, or authorization of the board or a | 311 |
section of the board by fraud, misrepresentation, or deception; | 312 |
(d) Engaged in fraud, misrepresentation, or deception in the | 313 |
conduct of business. | 314 |
(C) When an applicant for licensure as a contractor in a | 315 |
licensed trade meets the qualifications set forth in division (B) | 316 |
of this section and passes the required examination, the | 317 |
appropriate specialty section of the board, within ninety days | 318 |
after the application was filed, shall authorize the | 319 |
administrative section of the board to license the applicant for | 320 |
the type of contractor's license for which the applicant | 321 |
qualifies. A specialty section of the board may withdraw its | 322 |
authorization to the administrative section for issuance of a | 323 |
license for good cause shown, on the condition that notice of that | 324 |
withdrawal is given prior to the administrative section's issuance | 325 |
of the license. | 326 |
(D)(1) Except as provided in division (D)(2) of this section, | 327 |
if an applicant does not pass the required examination, the | 328 |
applicant may retake the examination not less than sixty days | 329 |
after the applicant's most recent examination. | 330 |
(2) An applicant who does not pass the required examination | 331 |
after taking the examination five times under this section shall | 332 |
reapply for a license under division (A) of this section before | 333 |
retaking the required examination any subsequent time. | 334 |
(E) All licenses a contractor holds pursuant to this chapter | 335 |
shall expire annually on the same date, which shall be the | 336 |
expiration date of the original license the contractor holds. An | 337 |
individual holding a valid, unexpired license may renew the | 338 |
license, without reexamination, by submitting an application to | 339 |
the appropriate specialty section of the board not more than | 340 |
ninety calendar days before the expiration of the license, along | 341 |
with the renewal fee the specialty section requires and proof of | 342 |
compliance with the applicable continuing education requirements. | 343 |
The applicant shall provide information in the renewal application | 344 |
satisfactory to demonstrate to the appropriate specialty section | 345 |
that the applicant continues to meet the requirements of division | 346 |
(B) of this section. | 347 |
Upon application and within one calendar year after a license | 348 |
has expired, a section may waive any of the requirements for | 349 |
renewal of a license upon finding that an applicant substantially | 350 |
meets the renewal requirements or that failure to timely apply for | 351 |
renewal is due to excusable neglect. A section that waives | 352 |
requirements for renewal of a license may impose conditions upon | 353 |
the licensee and assess a late filing fee of not more than double | 354 |
the usual renewal fee. An applicant shall satisfy any condition | 355 |
the section imposes before a license is reissued. | 356 |
| 357 |
section of the board that authorized that license to place the | 358 |
license in inactive status under conditions, and for a period of | 359 |
time, as that section determines. | 360 |
| 361 |
license assigned to a | 362 |
division (D) of section 4740.07 of the Revised Code, a license | 363 |
held by an individual immediately terminates upon the death of the | 364 |
individual. | 365 |
| 366 |
industry licensing board shall be construed to limit or eliminate | 367 |
any requirement of or any license issued by the Ohio fire marshal. | 368 |
| 369 |
this section, no | 370 |
maintain, renew, or enforce any rule, or otherwise preclude in any | 371 |
way, an individual from receiving or renewing a license under this | 372 |
chapter due to any past criminal activity or interpretation of | 373 |
moral character, except as pursuant to division (B)(5)(a) of this | 374 |
section. If the specialty section denies an individual a license | 375 |
or license renewal, the reasons for such denial shall be put in | 376 |
writing. | 377 |
(2) Except as otherwise provided in this division, if an | 378 |
individual applying for a license has been convicted of or pleaded | 379 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 380 |
a disqualifying offense less than one year prior to making the | 381 |
application, the section may use its discretion in granting or | 382 |
denying the individual a license. Except as otherwise provided in | 383 |
this division, if an individual applying for a license has been | 384 |
convicted of or pleaded guilty to a felony that is not a crime of | 385 |
moral turpitude or a disqualifying offense less than three years | 386 |
prior to making the application, the section may use its | 387 |
discretion in granting or denying the individual a license. The | 388 |
provisions in this paragraph do not apply with respect to any | 389 |
offense unless the section, prior to the effective date of this | 390 |
amendment, was required or authorized to deny the application | 391 |
based on that offense. | 392 |
In all other circumstances, the section shall follow the | 393 |
procedures it adopts by rule that conform to division | 394 |
this section. | 395 |
(3) In considering a renewal of an individual's license, the | 396 |
section shall not consider any conviction or plea of guilty prior | 397 |
to the initial licensing. However, the board may consider a | 398 |
conviction or plea of guilty if it occurred after the individual | 399 |
was initially licensed, or after the most recent license renewal. | 400 |
(4) The section may grant an individual a conditional license | 401 |
that lasts for one year. After the one-year period has expired, | 402 |
the license is no longer considered conditional, and the | 403 |
individual shall be considered fully licensed. | 404 |
Sec. 4740.07. (A) Except as otherwise provided in this | 405 |
section, the administrative section of the Ohio construction | 406 |
industry licensing board shall issue and renew all licenses under | 407 |
this chapter in the name of the individual who meets the | 408 |
requirements of section 4740.06 of the Revised Code. | 409 |
(B) | 410 |
under this chapter shall request, at the time of applying for a | 411 |
license | 412 |
be assigned to a | 413 |
individual is | 414 |
415 | |
416 | |
assignment of the license to a | 417 |
company, the administrative section shall assign the license to | 418 |
and issue a license in the name of the
| 419 |
company. The license assigned and issued to a | 420 |
contracting company under this division shall state the name and | 421 |
position of the individual who assigned the license to the | 422 |
423 | |
to a contracting company in accordance with this division, the | 424 |
appropriate specialty section of the board shall place that | 425 |
license in inactive status. | 426 |
(C) During the period a | 427 |
holds a license issued under division (B) of this section, the | 428 |
administrative section shall not issue another license to the | 429 |
individual who assigned the license to the
| 430 |
contracting company for the same type of contracting for which the | 431 |
432 |
(D)(1) If | 433 |
to a
| 434 |
this section ceases to be associated with the
| 435 |
contracting company for any reason, including the death of the | 436 |
437 | |
438 | |
appropriate specialty section of the board of the date on which | 439 |
the | 440 |
441 | |
442 | |
following, as applicable: | 443 |
(a) Ninety calendar days after the
| 444 |
445 | |
446 |
(b) Ninety calendar days after the contractor completes a | 447 |
change of company form; | 448 |
(c) At an earlier time to which the | 449 |
contracting company and the | 450 |
(2) If a license | 451 |
452 | |
(D)(1) of this section and another individual has assigned a | 453 |
license to the
| 454 |
type of contracting for which the invalidated license assignation | 455 |
had been | 456 |
may continue to operate under the other assigned license. | 457 |
(E) Any work a | 458 |
under | 459 |
division (F) of section 4740.04 of the Revised Code is deemed to | 460 |
be conducted under the personal supervision of the individual | 461 |
named in the license and any violation of any term of the license | 462 |
is deemed to have been committed by the individual named in the | 463 |
license. | 464 |
| 465 |
466 | |
467 | |
468 | |
469 | |
470 | |
471 |
(F) No individual who assigns a license to a | 472 |
contracting company shall assign a license for the same type of | 473 |
contracting to another | 474 |
the original license | 475 |
division (D) of this section. | 476 |
(G) Any individual who assigns a license to a | 477 |
contracting company under this section shall be actively engaged | 478 |
in business as the type of contractor for which the license is | 479 |
issued and be readily available for consultation with the | 480 |
481 |
(H) No license assigned under this section shall be assigned | 482 |
to more than one | 483 |
Sec. 4740.08. When a written reciprocity agreement between | 484 |
the states exists, and an individual who is registered, licensed, | 485 |
or certified in another state applies to the appropriate specialty | 486 |
section of the Ohio construction industry licensing board submits | 487 |
a copy of the reciprocity agreement, and pays the licensure fee | 488 |
determined pursuant to section 4740.09 of the Revised Code, the | 489 |
appropriate specialty section of the board shall authorize the | 490 |
administrative section to issue, without examination, a license to | 491 |
that individual if the appropriate specialty section of the board | 492 |
determines, pursuant to rules it adopts, that the requirements for | 493 |
registration, licensure, or certification under the laws of the | 494 |
other state are substantially equal to the requirements for | 495 |
licensure in this state and that the other state extends similar | 496 |
reciprocity to persons licensed under this chapter. The | 497 |
appropriate specialty section of the board may withdraw its | 498 |
authorization to the administrative section for issuance of a | 499 |
license for good cause prior to the administrative section's | 500 |
issuance of the license. | 501 |
Sec. 4740.09. The fees for licenses and their renewal, | 502 |
including late fees, subject to the approval of the controlling | 503 |
board, shall be determined by each respective specialty section of | 504 |
the Ohio construction industry | 505 |
respective specialty section of the board may increase these | 506 |
fees, provided that no increase exceeds fifty per cent of the | 507 |
lowest fee determined by that section of the board during the | 508 |
three-year period immediately preceding an increase, and further | 509 |
provided that no increase is made more than once a year. | 510 |
Sec. 4740.10. (A) A specialty section of the Ohio | 511 |
construction industry licensing board may impose any of the | 512 |
following, or any combination of the following, disciplinary | 513 |
actions against an applicant or license holder for committing an | 514 |
act listed in division (B) of this section: | 515 |
(1) Suspend, revoke, or refuse to issue any license; | 516 |
(2) Require additional continuing education hours; | 517 |
(3) Issue a fine. | 518 |
(B)(1) An applicant or licensee shall be subject to | 519 |
disciplinary action as prescribed under division (A) of this | 520 |
section for any of the following: | 521 |
(a) Having been convicted of or pleading guilty to a crime of | 522 |
moral turpitude or disqualifying offense as those terms are | 523 |
defined in section 4776.10 of the Revised Code; | 524 |
(b) Violating any provision of this chapter; | 525 |
(c) Violating any rule adopted pursuant to this chapter; | 526 |
(d) Obtaining or attempting to obtain a license or a renewal | 527 |
of such license pursuant to this chapter by means of fraud, | 528 |
deception, or misrepresentation; | 529 |
(e) Obtaining an order, ruling, or authorization from any | 530 |
section of the board by means of fraud or misrepresentation; | 531 |
(f) Engaging in fraud, misrepresentation, or deception in the | 532 |
conduct of business; | 533 |
(g) Transferring the person's license to another person | 534 |
without the approval of the appropriate specialty section; | 535 |
(h)(i) Allowing the person's license to be used by an | 536 |
unlicensed person or entity; | 537 |
(ii) Division (B)(1)(h)(i) of this section does not apply to | 538 |
a contracting company that has been assigned a license under | 539 |
section 4740.07 of the Revised Code. | 540 |
(i) Failing to comply with a disciplinary action imposed by | 541 |
the appropriate specialty section; | 542 |
(j) Failing to maintain insurance throughout the license | 543 |
year, unless the license has properly been placed in inactive | 544 |
status under section 4740.06 of the Revised Code. | 545 |
(2) The appropriate specialty section of the board may take | 546 |
disciplinary action against an applicant or license holder as | 547 |
prescribed under division (A) of this section upon receiving | 548 |
notice that a municipal corporation or any other governmental | 549 |
agency has suspended or revoked the local contracting license or | 550 |
registration of an individual or contracting company that also | 551 |
holds a license pursuant to this chapter. | 552 |
(C) The appropriate specialty sections shall direct the | 553 |
administrative section to refuse to issue any license to an | 554 |
applicant upon a finding by the appropriate specialty section that | 555 |
the applicant has done either of the following: | 556 |
(1) Had another person take the required examination for the | 557 |
applicant; | 558 |
(2) Failed to pass the required examination. | 559 |
(D) If an individual fails to request a hearing within thirty | 560 |
days after the date a specialty section, in accordance with | 561 |
section 119.07 of the Revised Code, notifies the individual of the | 562 |
board's intent to impose a disciplinary action against the | 563 |
individual under division (A) of this section, the specialty | 564 |
section, by a majority vote of a quorum of the section members, | 565 |
may impose the action against the individual without holding an | 566 |
adjudication hearing. | 567 |
Sec. 4740.13. (A) No person shall act as or claim to be a | 568 |
type of contractor that this chapter licenses unless that person | 569 |
holds or has been assigned a license issued pursuant to this | 570 |
chapter for the type of contractor that person is acting as or | 571 |
claiming to be. | 572 |
(B) Upon the request of the appropriate specialty section of | 573 |
the Ohio construction industry licensing board, the attorney | 574 |
general may bring a civil action for appropriate relief, including | 575 |
but not limited to a temporary restraining order or permanent | 576 |
injunction in the court of common pleas of the county where the | 577 |
unlicensed person resides or is acting as or claiming to be a | 578 |
licensed contractor. | 579 |
(C) A contractor licensed under this chapter may install, | 580 |
service, and maintain the related or interfaced control wiring for | 581 |
equipment and devices related to their specific license, on the | 582 |
condition that the control wiring is less than twenty-five volts. | 583 |
(D) A person is not an electrical contractor subject to | 584 |
licensure under this chapter for work that is limited to the | 585 |
construction, improvement, renovation, repair, testing, or | 586 |
maintenance of the following systems using less than fifty volts | 587 |
of electricity: fire alarm or burglar alarm, cabling, tele-data | 588 |
sound, communication, and landscape lighting and irrigation. | 589 |
Sec. 4740.131. Nothing in this chapter shall be construed to | 590 |
prohibit a contractor from leasing, on a temporary or permanent | 591 |
basis, an employee from a professional employer organization, as | 592 |
defined by section 4125.01 of the Revised Code, or from a | 593 |
temporary agency to perform work under the direct supervision of | 594 |
the contractor. | 595 |
Sec. 4740.16. (A) | 596 |
director of commerce, on behalf of the appropriate specialty | 597 |
section of the Ohio construction industry licensing board may | 598 |
investigate any person who allegedly has violated section 4740.13 | 599 |
of the Revised Code. If, after an investigation pursuant to | 600 |
section 4740.05 of the Revised Code, the appropriate specialty | 601 |
section determines that reasonable evidence exists that a person | 602 |
has violated section 4740.13 of the Revised Code | 603 |
604 | |
shall send a written notice to that person in the same manner as | 605 |
prescribed in section 119.07 of the Revised Code for licensees | 606 |
607 | |
608 |
(B) The appropriate specialty section shall hold a hearing | 609 |
regarding the alleged violation in the same manner prescribed for | 610 |
an adjudication hearing under section 119.09 of the Revised Code. | 611 |
If the appropriate specialty section, after the hearing, | 612 |
determines a violation has occurred, the appropriate specialty | 613 |
section, upon an affirmative vote of
| 614 |
members, may impose a fine on the person, not exceeding one | 615 |
thousand dollars per violation per day and may file a complaint | 616 |
against the person with the appropriate local prosecutor for | 617 |
criminal prosecution. The appropriate specialty section's | 618 |
determination is an order that the person may appeal in accordance | 619 |
with section 119.12 of the Revised Code. | 620 |
(C) | 621 |
622 | |
623 | |
624 | |
625 |
| 626 |
civil penalty for a violation of section 4740.13 of the Revised | 627 |
Code and the person fails to pay that civil penalty within the | 628 |
time period prescribed by the appropriate specialty section, the | 629 |
appropriate specialty section shall forward to the attorney | 630 |
general the name of the person and the amount of the civil penalty | 631 |
for the purpose of collecting that civil penalty. In addition to | 632 |
the civil penalty assessed pursuant to this section, the person | 633 |
also shall pay any fee assessed by the attorney general for | 634 |
collection of the civil penalty. | 635 |
(D) If a person fails to request a hearing within thirty days | 636 |
after the date the appropriate specialty section, in accordance | 637 |
with section 119.07 of the Revised Code, notifies the person of | 638 |
the section's intent to act against the person under division (A) | 639 |
of this section, the section, by majority vote of a quorum of the | 640 |
section members, may take the action against a person without | 641 |
holding an adjudication hearing. | 642 |
Section 2. That existing sections 4740.01, 4740.02, 4740.04, | 643 |
4740.05, 4740.06, 4740.07, 4740.08, 4740.09, 4740.13, and 4740.16 | 644 |
and section 4740.10 of the Revised Code are hereby repealed. | 645 |
Section 3. Notwithstanding division (B) of section 4740.07 | 646 |
of the Revised Code, as amended by this act, an individual who is | 647 |
licensed as a speciality contractor pursuant to section 4740.06 of | 648 |
the Revised Code on the effective date of this act and who has not | 649 |
assigned the individual's license to a contracting company shall | 650 |
have sixty days after the effective date of this act to assign the | 651 |
license to a contracting company in accordance with section | 652 |
4740.07 of the Revised Code, as amended by this act. If a license | 653 |
is not assigned to a contracting company within sixty days after | 654 |
the effective date of this act, the appropriate specialty section | 655 |
of the Ohio Construction Industry Licensing Board shall place the | 656 |
license in inactive status. | 657 |