To amend sections 715.27, 3737.65, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09, 4740.10, 4740.101, 4740.11, and 4740.13 and to enact sections 307.382 and 4740.011 of the Revised Code to change the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board and to make other changes related to that Board.

Section 1. That sections 715.27, 3737.65, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09, 4740.10, 4740.101, 4740.11, and 4740.13 be amended and sections 307.382 and 4740.011 of the Revised Code be enacted to read as follows:

Sec. 307.382. (A) A board of county commissioners may adopt, by resolution, rules establishing standards and providing for the licensing of contractors who are not required to hold a valid license pursuant to Chapter 4740. of the Revised Code. The rules apply within the unincorporated area of the county and within any municipal corporation where the legislative authority has contracted with the board pursuant to section 307.15 of the Revised Code to enforce the county rules within the municipal corporation. The rules shall not conflict with rules the board of building standards adopts pursuant to section 3781.10 of the Revised Code or that the department of commerce adopts pursuant to Chapter 3703. of the Revised Code.

(B)(1) A board of county commissioners may require any contractor who is not required to hold a valid license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills and may impose a fee and additional requirements for a license to engage in the contractor's respective trade within the board's jurisdiction.

(2) No board of county commissioners shall require any contractor who holds a valid license issued pursuant to Chapter 4740. of the Revised Code to complete an examination, test, or demonstration of technical skills to engage in the type of contracting for which the license is held within the unincorporated area of the county and within any municipal corporation in which the county enforces county regulations pursuant to a contract.

(C)(1) A board may impose a fee to register a contractor who holds a valid license issued pursuant to Chapter 4740. of the Revised Code before that contractor may engage, within the board's jurisdiction, in the type of contracting for which the license is held. Any fee shall be the same for all contractors who engage in the same type of contracting.

(2) Any board that imposes a fee immediately shall permit a contractor who presents proof of a valid license and pays the fee to engage in the type of contracting for which the license is held within the board's jurisdiction as specified in division (B)(2) of this section.

(D) A board of county commissioners that adopts rules for licensing contractors pursuant to this section may accept, in satisfaction of its rules, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code for the practice of the licensed trade as it relates to the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

Sec. 715.27.  (A) Any municipal corporation may:

(1) Regulate the erection of fences, billboards, signs, and other structures, within the municipal corporation, and provide for the removal and repair of insecure billboards, signs, and other structures;

(2) Regulate the construction and repair of wires, poles, plants, and all equipment to be used for the generation and application of electricity;

(3) Provide for the licensing of house movers; plumbers; sewer tappers; vault cleaners; and specialty contractors who are not required to hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code.

A municipal corporation may, pursuant to division (A)(3) of this section, require all specialty contractors other than those who (4) Require any individual or business that does not hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, to successfully complete an examination, test, or demonstration of technical skills, and may impose a fee and additional requirements for to obtain a license or registration to register to engage in their respective occupations an occupation described in this division within the jurisdiction of the municipal corporation.

(B) No municipal corporation shall require any specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage within the municipal corporation in the type of contracting for which the license is held, within the municipal corporation.

(C) For (1) A municipal corporation shall require a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, before that specialty contractor to register with the municipal corporation and pay any fee the municipal corporation imposes before that contractor may engage within the municipal corporation in the type of contracting for which the license is held within the municipal corporation, a municipal corporation may require the contractor to register with the municipal corporation and may impose a fee, provided that the. Any fee is shall be the same for all specialty contractors who wish to engage in that the same type of contracting, and.

(2) A municipal corporation may require a bond and proof of all of the following before a contractor may register:

(1)(a) Insurance pursuant to division (B)(4) of section 4740.06 of the Revised Code;

(2)(b) Compliance with Chapters 4121. and 4123. of the Revised Code;

(3)(c) Registration with the tax department of the municipal corporation.

If a (3) A municipal corporation requires registration, imposes such a fee, or requires a bond or proof of the items listed in divisions (C)(1), (2), and (3) of this section, the municipal corporation immediately shall permit a contractor who presents proof of holding a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, who registers, pays the fee, obtains a bond, and submits the proof described under divisions (C)(1), (2), and (3) of this section, as required, to engage in the type of contracting for which the license is held, within the municipal corporation, when the contractor fulfills all of the municipal corporation's requirements pursuant to this division.

(D) A municipal corporation may revoke the registration of a contractor registered with that municipal corporation for good cause shown. Good cause shown includes the failure of a contractor to maintain a bond or the items listed in divisions the municipal corporation requires pursuant to division (C)(1), (2), and (3)(2) of this section, if the municipal corporation requires those.

(E) A municipal corporation that licenses specialty contractors pursuant to division (A)(3) of this section may shall accept, for purposes of satisfying the requirements of that division its licensing requirements, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by a specialty the contractor holds, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(F) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, as those terms are defined has the same meaning as in section 4740.01 of the Revised Code.

Sec. 3737.65.  (A) No person shall sell, offer for sale, or use any fire protection or fire fighting equipment that does not meet the minimum standards established by the fire marshal in the state fire code the board of building standards establishes.

(B) Except for public and private mobile fire trucks, no person shall service, test, repair, or install for profit any fire protection or fire fighting equipment without a certificate or a provisional certificate issued by the fire marshal Ohio construction industry licensing board.

(C)(1) The fire marshal Ohio construction industry licensing board shall not issue a provisional certificate pursuant to division (B) of this section to any individual who is not unless that individual is enrolled in a bona fide apprenticeship training program registered with the apprenticeship council pursuant to section 4139.05 of the Revised Code or with the bureau of apprenticeship and training of the United States department of labor. A

(2) A provisional certificate issued pursuant to this section authorizes an individual to engage in the activities permitted under division (B) of this section only if the individual:

(1) Remains is enrolled in such an apprenticeship training program; described in this division and

(2) Is is directly supervised by an individual who possesses holds a valid and current certificate issued pursuant to division (B) of this section for the activities in which the individual issued the provisional certificate is engaged and the certified individual directly supervising the individual issued the provisional certificate only and who supervises only one provisional certificate holder.

Sec. 3781.102.  (A) Any county or municipal building department certified pursuant to division (E) of section 3781.10 of the Revised Code as of September 14, 1970, and that, as of that date, was inspecting single-family, two-family, and three-family residences, and any township building department certified pursuant to division (E) of section 3781.10 of the Revised Code, is hereby declared to be certified to inspect single-family, two-family, and three-family residences containing industrialized units, and such building department shall inspect the buildings or classes of buildings subject to the provisions of division (E) of section 3781.10 of the Revised Code.

(B) Each board of county commissioners may adopt, by resolution, rules establishing standards and providing for the licensing of electrical and heating, ventilating, and air conditioning contractors who are not required to hold a valid and unexpired license pursuant to Chapter 4740. of the Revised Code.

Rules adopted by a board of county commissioners pursuant to this division may be enforced within the unincorporated areas of the county and within any municipal corporation where the legislative authority of the municipal corporation has contracted with the board for the enforcement of the county rules within the municipal corporation pursuant to section 307.15 of the Revised Code. The rules shall not conflict with rules adopted by the board of building standards pursuant to section 3781.10 of the Revised Code or by the department of commerce pursuant to Chapter 3703. of the Revised Code. This division does not impair or restrict the power of municipal corporations under Section 3 Article XVIII, Ohio Constitution, to adopt rules concerning the erection, construction, repair, alteration, and maintenance of buildings and structures or of establishing standards and providing for the licensing of specialty contractors pursuant to section 715.27 of the Revised Code.

A board of county commissioners, pursuant to this division, may require all electrical contractors and heating, ventilating, and air conditioning contractors, other than those who hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, to successfully complete an examination, test, or demonstration of technical skills, and may impose a fee and additional requirements for a license to engage in their respective occupations within the jurisdiction of the board's rules under this division.

(C) No board of county commissioners shall require any specialty who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage in the type of contracting for which the license is held, within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code.

(D) A board may impose a fee for registration of a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code before that specialty contractor may engage in the type of contracting for which the license is held within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code, provided that the fee is the same for all specialty contractors who wish to engage in that type of contracting. If a board imposes such a fee, the board immediately shall permit a specialty contractor who presents proof of holding a valid and unexpired license and pays the required fee to engage in the type of contracting for which the license is held within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code.

(E) The Any political subdivision associated with each a municipal, township, and or county building department certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code may prescribe fees to be paid by persons, political subdivisions, or any department, agency, board, commission, or institution of the state, for the acceptance and approval of plans and specifications, and for the making of inspections, made pursuant to sections 3781.03 and 3791.04 of the Revised Code.

(F) Each (C)(1) Any political subdivision that prescribes fees pursuant to division (E)(B) of this section shall collect, on behalf of the board of building standards, a fee equal to three per cent of such those fees. The board shall adopt rules, in accordance with Chapter 119. of the Revised Code, specifying the manner in which the any fee assessed pursuant to this division shall be collected and remitted monthly to the board. The board shall pay the any fee assessed pursuant to this division into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

(2) All money credited to the fund under this division shall be used exclusively for both of the following:

(1)(a) Operating costs of the board;

(2)(b) Providing services, including educational programs, for the building departments that are certified by the board certifies pursuant to division (E) of section 3781.10 of the Revised Code.

(G) A board of county commissioners that adopts rules providing for the licensing of electrical and heating, ventilating, and air conditioning contractors, pursuant to division (B) of this section, may accept, for purposes of satisfying the requirements of rules adopted under that division, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by an electrical or heating, ventilating, and air conditioning contractor, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(H) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, as those terms are defined has the same meaning as in section 4740.01 of the Revised Code.

Sec. 4740.01.  As used in this chapter:

(A) "License" means a license issued by the Ohio construction industry examining licensing board issues to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, roofing contractor, or any other contractor holding any other license issued by a section of the Ohio construction industry licensing board.

(B) "Heating, ventilating, and air conditioning contractor Contractor" means any individual or business entity who that satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to perform, direct, supervise, or have responsibility for the means, method, and manner of heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson Performs or employs tradespersons who perform and who are trained to perform heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance a licensed trade on a construction project.

(C) "Refrigeration contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of refrigeration construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of refrigeration construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform refrigeration construction, improvement, renovation, repair, or maintenance on a construction project.

(D) "Electrical contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of electrical construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of electrical construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform electrical construction, improvement, renovation, repair, or maintenance on a construction project.

As used in this chapter, "electrical contracting" does not include the construction, improvement, renovation, repair, or maintenance of any of the following systems using less than fifty volts:

(a) Fire alarm or burglar alarm;

(b) Tele-data;

(c) Cabling;

(d) Sound;

(e) Communication;

(f) Landscape lighting and irrigation.

(E) "Plumbing contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of plumbing construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of plumbing construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform plumbing construction, improvement, renovation, repair, or maintenance on a construction project.

(F) "Hydronics contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of hydronics construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of hydronics construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform hydronics construction, improvement, renovation, repair, or maintenance on a construction project.

(G) "Contractor "Licensed trades" means the trades performed by a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor, roofing contractor, or other contractor holding any other license issued by the Ohio construction industry licensing board.

(H)(D) "Tradesperson" means an individual who, for compensation, engages in construction, improvement, renovation, repair, or maintenance of buildings or structures without assuming responsibility for the means, method, or manner of that construction, improvement, renovation, repair, or maintenance.

(I)(E) "Construction project" means a the construction project involving improvement, renovation, repair, or maintenance of a building or structure that is subject to Chapter 3781. of the Revised Code and the rules adopted under that chapter, but not involving the following buildings or structures:

(1) An an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code;

(2) A or a building or structure constructed pursuant to rules adopted under section 3781.181 or 3781.21 of the Revised Code.

(F) "Roofing contractor" means a contractor, as defined in division (B) of this section, who installs and repairs roofs and decks on residential, commercial, and industrial structures using materials that form water-tight and weather-resistant surfaces, including, but not limited to cedar, cement fiber, and composition shingles, all types of metal coverings, wood shakes, slate, metal and clay shingles, and other applications of protective and reflective roof and deck coatings, sheet metal valleys, flashings, gravel stops, gutters and downspouts, and bituminous waterproofing.

Sec. 4740.011. (A) The Ohio construction industry licensing board may adopt rules pursuant to Chapter 119. of the Revised Code under which the board issues licenses for any area of construction that is reasonably related to an existing section of the board. This division does not authorize the board to issue licenses for the installation of landscape lighting and irrigation.

(B) In addition to other licenses it issues, the electrical section shall issue licenses for the following:

(1) Fire and burglar alarm installation;

(2) Low voltage electrical contracting using fifty volts or less;

(3) Installation of traffic signal lighting.

(C) In addition to other licenses it issues, the mechanical section shall issue licenses for installation of the following:

(1) Pre-fabricated fireplaces;

(2) Gas piping, including but not limited to propane.

(D) In addition to other licenses it issues, the plumbing section shall issue licenses for the following:

(1) Installation of water softeners;

(2) Backflow testing.

Sec. 4740.02.  (A)(1) There is hereby created within the department of commerce, the Ohio construction industry examining licensing board, consisting of seventeen twenty-two residents of this state. The board shall consist of have an administrative section, a plumbing section, an electrical section, and a heating, ventilating, air conditioning, and refrigeration section, and a roofing section. The director of commerce shall appoint all members of the board. The

(2) The administrative section consists of six members. The director or the director's designee shall serve as a member of the administrative section and the. The director shall appoint to the administrative section to represent the public, one member who is a representative of the public who is not a member of any group certified by any section of the board. The plumbing, electrical, and heating, ventilating, air conditioning, and refrigeration sections each shall Each section annually shall elect a member of their own respective the section to serve a one-year term on the administrative section.

(B) The plumbing section shall consist consists of five members, one of whom is a plumbing inspector employed by the department of commerce, a municipal corporation, or a health district, two of whom are plumbing contractors who have no affiliation with any union representing plumbers, and two of whom are plumbing contractors who are signatories to agreements with unions representing plumbers.

(C) The electrical section shall consist consists of five members, one of whom is an electrical inspector employed by the department of commerce, a municipal corporation, or a county, two of whom are electrical contractors who have no affiliation with any union representing electricians, and two of whom are electrical contractors who are signatories to agreements with unions representing electricians.

(D) The heating, ventilating, air conditioning, and refrigeration section shall consist consists of five members, one of whom is a heating, ventilating, air conditioning, and refrigeration inspector employed by either the department of commerce or a municipal corporation; two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who have no affiliation with any union representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons; and two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who are signatories to agreements with unions representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons.

(E) Within ninety days after July 31, 1992, initial appointments shall be made to the board. The roofing section consists of five members, one of whom is employed by a state or local certified building department, two of whom are roofing contractors who are not affiliated with any union, and two of whom are roofing contractors who are signatories to agreements with unions.

(F) Of the initial appointments to the board, two appointments in each section, other than the administrative section, two are for terms ending one year after July 31, 1992, and of the year of the appointment, two are for terms ending two years after July 31, 1992. All other appointments to the board are for terms ending of the year of the appointment, and one is for a term that ends three years after July 31, 1992 of the year of the appointment. Thereafter, terms of office are for three years, with each term ending on the same day of the same month of the year as did the term that it succeeds thirty-first day of July. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's a successor takes office or until a period of sixty days has elapsed, whichever occurs first.

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

(G)(H) Each member of the board, except for the director or the director's designee the director appoints under division (A) of this section, shall receive a per diem amount fixed pursuant to section 124.15 of the Revised Code when actually attending to matters of the board and for the time spent in necessary travel, and all actual and necessary expenses incurred in the discharge of official duties.

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

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

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

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

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

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

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

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

(c) Post on the internet in a format capable of being searched by each criteria, all of the following for each license:

(i) The name of the license holder;

(ii) The company to which the license is assigned or an indication that the license is in escrow;

(iii) The license number;

(iv) The contractor number.

The secretary shall make the initial posting not later than ninety days after the effective date of this amendment. The secretary shall post information for any new license within seven days after issuance of the license.

(d) Send out all notices, including advance notices of meetings of the board and each section of the board, and attend to all correspondence of the board and each section of the board, under the direction of the administrative section;

(d)(e) Receive and deposit all fees payable pursuant to this chapter into the construction industry examining licensing fund created pursuant to section 4740.11 of the Revised Code;

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

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

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

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

(E) The administrative section shall adopt uniform rules to govern the activities of the other sections. These rules control in any conflict with the rules of another section.

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

(A) Schedule the contractor examinations for heating, ventilating, and air conditioning contractors, refrigeration contractors, electrical contractors, plumbing contractors, and hydronics contractors, as directed by the applicable as each section of the board directs. The administrative section shall schedule examinations to Each examination shall be held at least four times per year.

(B) Select and contract with one or more persons to do all of the following relative to the examinations described in division (A) of this section:

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

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

(3) Charge an applicant a fee, in an amount authorized by the administrative section of the board, authorizes for administering the examination;

(4) Design the examination for each type of contractor to determine an applicant's competence to perform the that type of contracting for which the applicant is seeking licensure.

(C) Issue and renew licenses to individuals who have attained at least the minimum score on an examination authorized by the plumbing section for plumbing contractors, the electrical section for electrical contractors, the heating, ventilating, air conditioning, and refrigeration section for heating, ventilating, and air conditioning contractors and refrigeration contractors, and both the heating, ventilating, air conditioning, and refrigeration and plumbing sections for hydronics contractors, on the condition that the appropriate section authorizes for that licensed trade. The hydronics contractors shall pass the examinations that both the heating, ventilating, and air conditioning section and the plumbing section administer. The appropriate section of the board determines that shall determine whether the individual also applicant is qualified as required by section 4740.06 of the Revised Code to hold a license;.

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

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

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

(G) Adopt rules in accordance with Chapter 119. of the Revised Code as necessary to properly discharge the administrative section's duties under this chapter;

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

Sec. 4740.05.  The heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry examining licensing board for heating, ventilating, and air conditioning contractors and refrigeration contractors; the plumbing section of the board for plumbing contractors; the electrical section for electrical contractors; and both the heating, ventilating, air conditioning, and refrigeration and the plumbing sections for hydronics contractors, and each section of the board shall do all of the following:

(A) Adopt rules in accordance with Chapter 119. of the Revised Code as this chapter relates to their respective sections. The rules shall be that are limited to the following:

(1) Application procedures for examinations;

(2) Specifications concerning continuing Continuing education requirements for license renewal that address include all of the following:

(a) Criteria for selecting and approving courses and persons to provide those courses;

(b) A specification that The number of hours of continuing education coursework that an individual must complete for license renewal, subject to the following:

(i) That individuals holding a valid and unexpired license be required to accrue no more than thirty hours of continuing education courses over a period of three years;

(ii) That a section may require an individual to complete ten hours of coursework during each year with the provision that a person may carry over excess credits earned during one year into the next year;

(iii) That not less than ten hours during a three-year period be trade specific as the section determines;

(iv) That an individual may receive up to ten hours of credit in a single day;

(v) That individuals who hold multiple licenses complete the continuing education requirements for courses that focus on the trade specific curriculum only, as each section determine, applicable to the specific trade for each section in which the individual holds a license;

(vi) That the credit an individual earns for non-trade specific courses in one section be credited to the non-trade specific requirements for all licenses the individual holds.

(c) A requirement that persons seeking approval to provide continuing education courses submit information regarding the courses to the appropriate section of the board for approval not less than ninety thirty days nor more than one year prior to the date on which the courses are offered, unless a section of the board permits submission at a different time;

(d) A prohibition against any person providing a continuing education course for the purpose of meeting continuing education requirements unless, not more than one year prior to the date the course is offered, the person has been approved by the appropriate section of the board approves that person to provide that course;

(e) A provision limiting approval of continuing education courses to one year;

(f) A provision establishing the following annual fees, to be paid to the board by persons approved to provide continuing education courses:

(i) For the approval of each continuing education course, not more than ten dollars plus an additional one dollar per credit hour fee per attendee to be paid after the event at the time each attendee's credit is certified;

(ii) For the approval of each person providing continuing education courses, twenty-five dollars.

(3) Criteria for the section of the board shall to use in evaluating the qualifications of an individual;

(4) Criteria for the section of the board shall to use in deciding whether to issue, renew, suspend, revoke, or refuse to issue or renew a license;

(5) Determinations and approvals made under the reciprocity provision of section 4740.08 of the Revised Code.

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

(C) Maintain a record of its proceedings;

(D) Grant approval to persons to offer continuing education courses pursuant to rules adopted under division (A)(2) of this section;

(E) Provide and maintain a single-license bond for each contractor to which a license is assigned, not to exceed twenty-five thousand dollars. The bond shall be conditioned upon the contractor completing construction and correcting any physical damage to public property or infrastructure, for which the sole beneficiary or obligee of any default payment shall be the public authority, to correct any noncompliance specific to the default. Any certified county or municipal building department may require as part of local license registration that the department be informed of any change in status of the license, bond, or proof of insurance.

(F) The board shall adopt rules in accordance with Chapter 119. of the Revised Code to provide appropriate terms for the license bond and to provide procedures under which the current status of any license, bond, and proof of insurance, including self-insurance, is available to the public and to inspecting authorities.

(G) As required, do all things necessary to carry out this chapter.

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

(B) To qualify to take the an examination required to obtain a license for a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, an individual shall:

(1) Be at least eighteen years of age;

(2) Be a United States citizen, or legal alien who produces valid documentation to demonstrate the individual is a legal permanent resident of Ohio;

(3) Either have been a tradesperson for in the type of contractor licensed trade for which the application is filed for not less than five years immediately prior to the date the application is filed, be an engineer, have three years of business experience in the construction industry, or have other experience acceptable to the appropriate section of the board that authorizes issuance of the type of license sought;

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

(5) Not have done any of the following:

(a) Been convicted of or pleaded guilty to a misdemeanor involving moral turpitude or of any felony within the last ten years prior to the date of application. The board, in its discretion, may grant the individual a license if the individual demonstrates to the board's satisfaction that granting a license to the individual will not jeopardize the safety of the public;

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

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

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

(C) If the When an applicant for licensure as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor in a licensed trade meets the qualifications set forth in division (B) of this section and passes the required examination, the appropriate section of the board, within ninety days after the applicant filed the application was filed, shall authorize the administrative section of the board to license the applicant for the type of contractor's license for which the applicant qualifies. A section of the board may withdraw its authorization to the administrative section for issuance of a license for good cause shown, on the condition that if it gives notice of that withdrawal is given prior to the administrative section's issuance of the license.

(D) Each license issued under this chapter expires one year after the date of issue, but each. An individual holding a valid, unexpired license may renew the license, without reexamination, by applying submitting an application to the appropriate section of the board not more than ninety days before the expiration of the license, and submitting with the application along with the renewal fee as determined pursuant to section 4740.09 of the Revised Code the section requires and proof of compliance with the applicable continuing education requirements applicable to that contractor. The renewal application applicant shall contain provide information in the renewal application satisfactory to demonstrate to the appropriate section of the board showing that the applicant continues to meet the requirements of division (B) of this section.

The appropriate A section of the board may waive any of the requirements for renewal of a license upon finding that the an applicant substantially has met meets the renewal requirements or that failure to timely apply for renewal is due to excusable neglect. If, in renewing a license, a A section of the board that waives requirements for renewal, that section of a license may impose conditions upon that the licensee and assess a late filing fee of not more than double the usual renewal fee.

(E) An individual holding a valid and unexpired license may and who is not employed by a contractor business entity shall request the section of the board that authorized the issuance of that license to place the license in inactive status under conditions and for a period of time as determined by that section of the board determines.

(F) Except for the ninety-day extension provided for a license assigned to a business entity under division (D) of section 4740.07 of the Revised Code, a license held by an individual immediately terminates upon the death of the individual.

(G) Nothing in any license issued by the Ohio construction industry examining board shall be construed to limit or eliminate any requirement of or any license issued by the Ohio fire marshal No license the board issues shall be construed to limit or eliminate any license or requirement for any license a municipal corporation issues for a journeyperson or tradesperson.

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

(B) Any Each individual may shall request, at the time of applying for a license or at any time thereafter, that the individual's license be assigned to a business entity with whom the individual is associated as a full-time officer, proprietor, partner, or employee. If the individual is issued or holds a license and meets the requirements of this section for the assignment of the license to a business entity, the administrative section shall assign the license to and issue a license in the name of the business entity. The license assigned and issued to a business entity under this division shall state the name and position of the individual who assigned the license to the business entity. The board shall assign that entity a single contractor number.

(C) During the period a business entity holds a license issued under division (B) of this section, the administrative section shall not issue to the an individual who assigned the a license to the a business entity another license for the same type of contracting for which the business entity utilizes the assigned license is utilized by the business entity.

(D)(1) If an individual who assigned a license to a business entity ceases to be associated with the business entity for any reason, including, without limitation, the death of the individual, the individual or business entity immediately shall notify the appropriate section of the board of the date on which the individual ceased to be associated with the business entity. A license assigned to a business entity is invalid ninety days after the date on which the individual who assigned the license ceases to be associated with the business entity.

(2) If a license assigned to a business entity becomes invalid pursuant to division (D)(1) of this section and another individual has assigned a license to the business entity for the same type of contracting for which the invalidated license had been assigned, the business entity may continue to operate under the other assigned license.

(E) Any work conducted by a business entity under a license assigned under this section is deemed to be conducted under the personal supervision of the individual named in the license and all violations any violation of any terms of the license are is deemed to have been committed by the individual named in the license.

For the period of time during which more than one license for the same type of contracting is assigned under this section to a business entity, any work conducted by the business entity conducts under any of those licenses is deemed to be conducted under the personal supervision of the individuals named in each of the those licenses and all violations any violation of any the terms of any of the licenses are license is deemed to have been committed by the individuals named in each all of the licenses.

(F) No individual who assigns a license to a business entity under division (B) of this section shall assign a license for the same type of contracting to another business entity until after ninety days after the individual ceases to be associated with the business entity to whom which the individual had previously assigned a license.

(G) Any individual who assigns a license to a business entity under this section shall be actively engaged in business as the type of contractor for which the license is issued and be readily available for consultation with the business entity to which the license is assigned.

(H) No license assigned under this section shall be assigned to more than one business entity at a time.

(I) Any contractor licensed pursuant to this chapter shall display all of the following:

(1) A copy of the license in a conspicuous place in each office or place of business of the contractor;

(2) The contractor number on any vehicles associated with the business to which the license is assigned;

(3) The contractor number on any item associated with the contracting business, including business cards, advertisements, web sites, and promotional materials.

Sec. 4740.08.  Upon application to the appropriate section of the Ohio construction industry examining licensing board and payment of the licensure fee determined pursuant to section 4740.09 of the Revised Code for the issuance of a license, the appropriate section of the board shall authorize the administrative section of the board to issue, without examination, a license to an individual registered, licensed, or certified in another state of the United States, provided that if the appropriate section of the board determines, pursuant to the rule adopted it adopts under division (A)(5) of section 4740.05 of the Revised Code, that the requirements for registration, licensure, or certification under the laws of the other state of the United States are substantially equal to the requirements for licensure in this state and further provided that such the other state extends similar reciprocity to persons licensed under this chapter. The appropriate section of the board may withdraw its authorization to the administrative section for issuance of a license for good cause shown prior to the administrative section's issuance of the license.

Sec. 4740.09.  The fees for licenses and their renewal, including late fees, subject Subject to the controlling board approval of the controlling board, shall be determined by each respective section of the Ohio construction industry examining board. Each respective section of the board may increase these fees, provided that no increase exceeds fifty per cent of the lowest fee determined by that section of the board during the three-year period immediately preceding an increase, and further provided that no increase is made more than once a year fees for license examinations, certificates, and renewals are as follows:

(A) Twenty-five dollars for the examination for each license;

(B) Twenty-five dollars for the issuance of each certificate of licensure;

(C) Forty dollars for the annual renewal of each license.

Sec. 4740.10.  (A) The heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry examining board for heating, ventilating, and air conditioning contractors and for refrigeration contractors; the electrical section of the board for electrical contractors; the plumbing section of the board for plumbing contractors; and both the plumbing section and the heating, ventilating, air conditioning, and refrigeration section for hydronics contractors appropriate section of the Ohio construction industry licensing board may suspend or revoke a license and may direct the administrative section of the board to refuse to issue or renew a license if the section of the board finds that the applicant or licensee has done any of the following:

(1) Been convicted of a misdemeanor involving moral turpitude or a felony; during the ten years prior to the date of application. Notwithstanding a conviction, the board may grant the individual a license if the individual demonstrates to the board's satisfaction that the safety of the public is not jeopardized if it grants the license.

(2) Violated any provision of this chapter or the rules adopted pursuant thereto;

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

(4) Engaged in fraud, misrepresentation, or deception in the conduct of business.

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

(C) The appropriate section of the board may investigate:

(1) Investigate any alleged violation of this chapter or rules adopted pursuant thereto to it. If, after its an investigation, a section of the board determines that any person has engaged or is engaging in any practice that violates this chapter or the rules adopted pursuant thereto to it, that section may apply to the court of common pleas of the county in which the section determined that the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

(2) Levy a civil fine of not more than five hundred dollars against any individual or business who violates this chapter or the rules adopted pursuant to it.

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

Sec. 4740.101.  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the construction industry examining licensing board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter.

Sec. 4740.11.  The Ohio construction industry examining licensing board and its sections shall deposit all receipts collected under this chapter into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

Sec. 4740.13. (A) No person shall act as or claim to be a heating, ventilating, and air conditioning contractor, refrigeration contractor, plumbing contractor, electrical contractor, or hydronics contractor unless that person holds or has been assigned a license issued pursuant to this chapter for the type of contractor that person is acting as or claiming to be.

(B) The legislative body of a municipal corporation, a board of township trustees, or a board of county commissioners shall require a contractor to register a license prior to the time of bidding any public project to be awarded by the political subdivision and may not require any other license or permit.

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

Section 2. That existing sections 715.27, 3737.65, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09, 4740.10, 4740.101, 4740.11, and 4740.13 of the Revised Code are hereby repealed.

Section 3. The Director of Commerce shall appoint the five members of the roofing section of the Ohio Construction Industry Licensing Board no later than July 31, 2004.

Section 4. For backflow contractors, the plumbing section of the Ohio Construction Industry Licensing Board shall issue a backflow license to any person who holds a valid backflow certificate in the state on the effective date of this section. No other person is eligible for certification pursuant to this section.

For all other licenses this act establishes, the appropriate section shall issue a license to any individual who does all of the following:

(A) Applies to the section within one hundred eighty days from the effective date of this section;

(B) Pays a fee of $40;

(C) Has been actively engaged in the trade applied for in this state for at least three consecutive years immediately prior to the effective date of this section;

(D) Furnishes business records, including but not limited to contracts, permits, inspection reports, or other evidence verifying experience to the satisfaction of the section;

(E) Provides evidence of current contractor's liability insurance including complete operations coverage in the amount of five hundred thousand dollars, except that any applicant affiliated with a business that has more than one applicant or license holder need only provide evidence of the total amount of five hundred thousand dollars;

(F) Provides evidence of current compliance with workers' compensation coverage, Chapters 4121. and 4123. of the Revised Code, and any other applicable legal requirements to do business in the state as determined by the administrative section.