Chapter 4101:16-1 Meetings, Fees, and Records

4101:16-1-01 Notice of administrative rules hearing.

(A) Public Notice of the intention of the administrative, electrical, heating, ventilating, and air conditioning and refrigeration, and plumbing and hydronics sections of the Ohio construction industry licensing board to consider adopting, amending or rescinding a rule in accordance with division (A) to (E) of section 119.03 of the revised code shall be published once, in the English language, at least thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding said rules.

(B) The public notice shall specify the date, time, and place of the hearing and shall include:

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject which it relates.

(C) The board's secretary shall provide a copy of the public notice to any person who requests a copy and pays the cost of copying and mailing.

(D) The sections of the Ohio construction industry licensing board shall be authorized to give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified above (A) shall not in any way invalidate any action which may be taken by the sections of the Ohio construction industry licensing board.

Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.
R.C. 119.032 review dates: 04/01/2010

4101:16-1-02 Public meeting.

(A) Meetings of the administrative, electrical, heating, ventilating and air conditioning, refrigeration, plumbing and hydronics sections of the Ohio construction industry licensing board, in addition to the meetings required by sections 4740.04 and 4740.06 of the Revised Code, may be held at the call of the chairman or vice-chairman or upon a majority vote of a quorum of the members present at the section meetings.

(B) Upon request, any person may receive at least twenty-four hour advance notification in writing of all regularly scheduled meetings of the Ohio construction industry licensing board.

(C) Any representative of the news media may obtain at least twenty-four hours advance notice of all special meetings by requesting orally or in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A written request for such notification shall be addressed to: "Board Secretary, Ohio Construction Industry Licensing Board at 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-9009." The request shall provide the name of the individual media representative to be contacted, mailing address and a maximum of two telephone numbers of the representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(D) Public notice specifying the date, time and place of all regularly scheduled meetings of the sections shall be posted. Such posting shall state the time and place of the regularly scheduled meeting.

(E) In the event of a special meeting, and in addition to the notices provided for under paragraphs (B) and (C) of this rule, a notice stating the purpose, time and place of the meeting shall be made at http://www.com.state.oh.us/dic/dicocilb.htm and shall be made no later than four calendar days prior to the day of the special meeting.

(F) In the event of a special meeting of an emergency nature, notice shall be given as soon as possible.

(G) Questions of parliamentary procedure not otherwise provided for shall be governed by the most current version of "Robert's Rules of Order Newly Revised."

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 121.22
Rule Amplifies: 4740.04 , 4740.06
Prior Effective Dates: 04/01/05, 11/15/07

4101:16-1-03 Definitions.

(A) "Board" means the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the Revised Code.

(B) "Specialty section" or "trade section" or "appropriate section" means the plumbing and hydronics section, electrical section, and the heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry licensing board, as created pursuant to section 4740.02 of the revised code.

(C) "Specialty contractor" or "contractor" means an individual or business entity who holds one or more licenses issued by the appropriate specialty section pursuant to chapter 4740. of the Ohio revised code.

(D) "Curriculum" means a continuing education course topic in general business that is applicable to all trades, general health and safety that is applicable to all trades, technology that is trade specific, or code that is trade specific.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-01 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.
R.C. 119.032 review dates: 04/01/2010

4101:16-1-04 Administrative section officers.

The officers of the administrative section of the board shall consist of the following:

(A) A chairperson, who shall be elected annually by the members of the administrative section. The chairperson's duties include the following:

(1) To preside over meetings of the administrative section, or to designate a member to preside in the chairperson's and vice chairperson's absence.

(2) To sign all vouchers of the board upon presentation of a signed, itemized, and supported voucher.

(B) A vice-chairperson, who shall be elected annually by the members of the administrative section. The vice-chairperson's duties shall include performing the duties of the chairperson should the chairperson be absent or incapable of performing the duties required of the chairperson.

(C) The administrative section may do all things necessary to carry out the intent and purpose of chapter 4740. of the Ohio revised code unless such action conflicts with any act or duty specifically assigned to a specialty section pursuant to chapter 4740. of the Ohio revised code.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-03 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.04
R.C. 119.032 review dates: 04/01/2010

4101:16-1-05 Annual report to the director of commerce.

The administrative section shall prepare an annual written report to the director of the department of commerce detailing the proceedings had by or before the board during the previous fiscal year. The annual report shall be submitted to the director within thirty days of the end of the previous fiscal year.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-03 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740
R.C. 119.032 review dates: 04/01/2010

4101:16-1-06 Annual fiscal statement.

The administrative section shall prepare an annual fiscal statement stating all monies received and expended by the board during the previous fiscal year. The annual fiscal statement shall be completed within thirty days of the end of the previous fiscal year.

8/1/93, 9/4/98, 3/24/03, 2/9/04Replaces: 4101:16-1-04 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.04
R.C. 119.032 review dates: 04/01/2010

4101:16-1-07 Notification of examination result.

4101:16-1-07

(A) The administrative section or its designee shall be responsible for issuing licenses to individuals who attain a score of at least seventy percent on both sections of the examination authorized by the appropriate specialty sections and meet the requirements set forth in section 4740.06 of the Ohio revised code.

(B) The administrative section or the approved testing agency shall be responsible for notifying individuals whether the individual has passed both sections of the examination or failed one or both sections of the examination.

8/1/93, 9/4/98, 3/24/03, 2/9/04 Replaces: 4101:16-1-05 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.04 , 4740.05 , 4740.06
R.C. 119.032 review dates: 04/01/2010

4101:16-1-08 Display of license.

(A) An individual or entity holding a specialty contractor license issued pursuant to Chapter 4740. of the Revised Code shall display the issued license in a conspicuous place in each office or each place of business of the specialty contractor and each construction site.

(B) Any individual or entity holding a specialty contractor license issued pursuant to Chapter 4740. of the Revised Code shall display the license number assigned by the administrative section, on items associated with the specialty contracting business. Such items for the purpose of this rule include, but are not limited to, all business locations, business cards, vehicles containing name of the specialty contracting business, contracts and advertisements, including but not limited, to advertisement in the telephone directory if such advertisement is not just the name, address, and telephone number of the specialty contractor, and advertising specialty items. For the purposes of this rule, exempted from inclusion as advertising specialty items are pens, pencils, t-shirts, or hats, and other similar, smaller items as designated by the board.

The license number shall be displayed as OH LIC#-----.

(C) On vehicles displaying the name of the specialty contracting business, the license number shall be prominently placed on at least two sides of the vehicle and be of a size, but not less than two inches in height, that the number is easily noticed. The license number shall be displayed as OH LIC#-----.

(D) No license number shall be advertised for more than one business name.

Effective: 11/15/2007
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.04
Rule Amplifies: 4740.04
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-1-09 Replacement of a license.

(A) If a license issued pursuant to this rule should be lost, stolen, accidentally mutilated, or destroyed, the individual issued the license may request a duplicate of the license. In order for the licensee to obtain a duplicate license for a lost or stolen license, the licensee shall make sworn affidavit stating the facts associated with the loss or theft of the license, and pay a replacement fee in an amount of twenty-five dollars.

(B) In order for a licensee to obtain a duplicate copy of an accidentally mutilated or destroyed license, the licensee shall provide an affidavit stating the facts of the mutilation or destruction of the license, and pay a fee in an amount of twenty-five dollars. In lieu of the affidavit required by this rule, the secretary employed by the administrative section may accept any recognizable portion of a mutilated or destroyed license that the secretary deems sufficient evidence for replacement of the license. Upon a determination that an individual has met all of the requirements of this rule, the administrative section shall issue a duplicate license.

3/24/03, 2/9/04 Replaces: 4101:16-1-07 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.03 , 4740.04 , 4740.05
R.C. 119.032 review dates: 04/01/2010

4101:16-1-10 Notice of renewal date and application for renewal.

(A) The administrative section shall provide an application to each individual holding a license pursuant to chapter 4740. of the Ohio revised code of the expiration of the license. The application shall be in writing and shall be provided at a minimum of ninety days prior to the expiration of the license.

(B) The appropriate specialty section shall approve an application for renewal only if the licensee meets the qualifications in section 4740.06(B) of the Ohio revised code, paid the appropriate renewal fee, provided proof of the required contractor's liability insurance, pursuant to rule 4101:16-1-11 of the Ohio administrative code, and complied with the continuing education requirements pursuant to sections 4740.04 and 4740.06 of the Ohio revised code and rule 4101:1-2-01 of the Ohio administrative code.

3/24/03, 2/9/04 Replaces: 4101:16-1-08 Eff 04/01/2005
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.04 , 4740.05
R.C. 119.032 review dates: 04/01/2010

4101:16-1-11 Fees and insurance.

(A) The fees for applications for examination, issuance of licenses, replacement or duplicate licenses, and annual renewal of licenses are as follows:

(1) Twenty-five dollars for application for examination;

(2) Twenty-five dollars for the issuance of each license;

(3) Twenty-five dollars for a replacement or duplicate license;

(4) Sixty dollars for the annual renewal of each license;

(5) A late fee of not more than one hundred and twenty dollars will be assessed for each license not timely renewed under rule 4101:16-1-10 of the Administrative Code; and

(6) A penalty fee of thirty dollars will be assessed for each license for any check or other draft instrument used to pay any fee required by Chapter 4740. of the Revised Code that is returned to the board as unpaid.

(B) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A nonrefundable fee of ten dollars plus one dollar per credit hour for each course application submitted;

(2) A nonrefundable fee of one dollar per credit hour of instruction per attendee; and

(3) A nonrefundable fee of twenty-five dollars for each training agency application submitted.

(C) Each fee described in paragraphs (A) and (B) of this rule are nonrefundable and are payable to the administrative sections of the Ohio construction industry licensing board.

(D) All individuals holding a license pursuant to Chapter 4740. of the Revised Code, except an individual whose license has been placed in inactive status pursuant to division (E) of section 4740.06 of the Revised Code, shall maintain contractor's liability insurance, including without limitation, complete operations coverage in an amount of at least five hundred thousand dollars.

Effective: 11/15/2007
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.09 , 4740.15
Rule Amplifies: 4740.04 , 4740.05 , 4740.06 , 4740.09 , 4740.15
Prior Effective Dates: 3/24/03, 2/9/04, 4/1/05

4101:16-1-12 Reciprocity.

(A) Upon application to the appropriate specialty section and payment of the fee specified in rule 4101:16-1-11 of the Administrative Code for the issuance of a license, the appropriate section shall direct the administrative section to issue, without examination, a license to an individual, licensed in another state of the United States. Such issuance of a license is contingent upon a determination by the appropriate specialty section that the requirements for licensure under the laws of any other state of the United States are substantially equal to the requirements for the issuance of a license in the state of Ohio, that such other state extends similar reciprocity to licenses under Chapter 4740. of the Revised Code and that the states have entered into a written reciprocity agreement signed by the appropriate section and the other state. Such issuance of a license is also contingent upon receipt of a completed criminal records check performed pursuant to rule 4101:16-1-14 of the Administrative Code, and the Ohio construction industry licensing board having determined, in its discretion, whether the result of the criminal records check makes the applicant ineligible for a license.

(B) Any person who is granted a license pursuant to paragraph (A) of this rule and fails to meet the continuing education requirements in rule 4101:16-2-01 of the Administrative Code, or pay the renewal fee pursuant to rule 4101:16-1-11 of the Administrative Code, or fails to maintain the appropriate amount of contractor's insurance may apply one time for late renewal pursuant to rule 4101:16-3-06 of the Administrative Code.

(C) Any person who fails to renew their license or has been previously granted a late renewal shall not be granted another late renewal or granted another license under reciprocity but shall be required to file an application for the written examination pursuant to rule 4101:16-3-03 of the Administrative Code.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.08 , 4740.061 , 4776.01 , 4776.02 , 4776.03 , 4776.04
Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-1-13 Inactive status.

(A) Request for inactive status.

An individual holding a valid and un-expired current license issued pursuant to Chapter 4740. of the Revised Code may request that the license be placed in inactive status. The request shall be in writing on a form prescribed and furnished by the appropriate specialty section. The licensee shall provide any other information the appropriate specialty section deems necessary. A license may remain in inactive status indefinitely.

(B) Prohibition.

An individual who places their license in an inactive status shall not engage in specialty contracting or any activity for which the license is required. If the appropriate specialty section determines that the licensee has engaged in specialty contracting or activity requiring a valid license under Chapter 4740. of the Revised Code, the appropriate section may suspend or revoke the inactive license and such notification shall state that the person may request an adjudication hearing pursuant to rule 4101:16-4-04 of the Administrative Code and section 119.07 of the Revised Code.

(C) Renewal.

An individual who possesses an inactive status license shall apply each year in order to maintain the inactive status license. The renewal application shall be on a form prescribed and furnished by the appropriate specialty section and shall include the annual renewal fee of sixty dollars. If an individual fails to apply for renewal of the inactive status of the license pursuant to this rule, the license shall expire at the end of the inactive status period for which the license was granted. An individual whose inactive license has expired for non-renewal may apply in writing to the appropriate specialty section for a late renewal. The appropriate specialty section may allow the inactive license to be renewed untimely upon payment of the renewal fee plus a late fee pursuant to rule 4101:16-1-11 of the Administrative Code within the time period specified. If the individual fails to comply with the terms imposed by the appropriate specialty section the license shall automatically expire by operation of law without the taking of any action by the appropriate section or the board's secretary.

(D) Continuing education and insurance requirements.

During the period a license is in an inactive status, the licensee is exempt from the continuing education requirements of rule 4101:16-2-01 of the Administrative Code. The licensee is not required to maintain contractor liability insurance during the period the license is in inactive status.

(E) Return to active status.

An individual may have a license returned to active status upon the following conditions:

(1) The individual notifies the appropriate specialty section on a form prescribed and furnished by the section;

(2) The individual completes the cumulative continuing education requirements for the period of time that the license was in inactive status. An individual seeking to have a license returned to active status shall be required to complete no more than ten hours of continuing education courses for each year the license was in an inactive status, but not to exceed a total of thirty hours;

(3) The individual pays a reactivation fee of sixty dollars; and

(4) The individual provides evidence of at least five hundred thousand dollars in contractor liability insurance.

(F) Notification.

The specialty section shall maintain an up-to-date list of all licenses in inactive status, and shall make such list available to all building departments upon request.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.04 , 4740.05
Rule Amplifies: 4740.05 , 4740.06
Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-1-14 Criminal background check.

(A) An applicant for a license who has been referred to the administrative section pursuant to rule 4101:16-1-12 or 4101:16-3-05 of the Administrative Code shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant. The request shall be accompanied by a completed form prescribed under division (C)(1) of section 109.572 of the Revised Code, a set of fingerprint impressions obtained as described in division (C)(2) of section 109.572 of the Revised Code, and the fee prescribed under division (C)(3) of section 109.572 of the Revised Code. The applicant shall request the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information pertaining to the applicant. An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the Ohio construction industry licensing board's name and address. Upon completion of the criminal records check, the bureau shall send the results of the check to the board.

(B) A previous criminal records check requested by an applicant for a license is valid for one year from the date the last criminal records check was completed by the bureau of criminal identification and investigation. A new request must be made pursuant to paragraph (A) of this rule if the previous criminal records check is no longer valid.

(C) Pursuant to section 4776.04 of the Revised Code, the results of any criminal records check conducted pursuant to a request made under this rule, and any report containing those results, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than the following:

(1) The results may be made available to the Ohio construction industry licensing board for use in determining, in its discretion, whether the individual who is the subject of the check should be issued a license pursuant to section 4740.06 of the Revised Code, or;

(2) The results may be made available to the applicant or the applicant's representative.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 119.03 , 4740.04 , 4740.061
Rule Amplifies: 109.572 , 4740.061 , 4776.01 , 4776.02 , 4776.03 , 4776.04