Chapter 4101:16-2 Administrative Section

4101:16-2-01 Qualifications to take licensing examination.

In order to qualify to take an examination for a license issued by the appropriate specialty section, an individual must meet all of the following requirements:

(A) Make application with the appropriate specialty section pursuant to rule 4101:16-2-02 of the Administrative Code;

(B) Be at least eighteen years of age;

(C) Be a citizen of the United States of America or provide documentation to demonstrate that the individual is a legal resident alien of the United States;

(D) Successfully pass the criminal background test required by rule 4101:16-2-02 of the Administrative Code;

(E) Not violated any provisions of Chapter 4740. of the Revised Code, or any rule adopted pursuant to that chapter;

(F) Not obtained or renewed a license issued pursuant to Chapter 4740. of the Revised Code by fraud, misrepresentation, or deception;

(G) Not engaged in fraud, misrepresentation, or deception in the conduct of business; and

(H) Have been either:

(1) A tradesperson with at least five years of experience in the trade applying for immediately prior to the date the application is filed. Credit may be given for time in active military service to meet this requirement. Pursuant to rule 4101:16-3-01 of the Administrave Code, the tradesperson shall provide the appropriate section with documentation demonstrating that the individual has spent a majority of the required employment period as a tradesperson;

(2) A currently registered engineer in the state of Ohio with three years of business experience in the construction industry trade for which they are applying to take the examination;

(3) Have other experience acceptable to the section of the board that authorizes issuance of the type of license sought. Such accptable experience may include:

(a) Five years of experience in the trade for which the individual is applying even when such experience is not during the five years preceding the application, under the following conditions:

(i) Three years of the five years of experience must be obtained by performing construction work on commercial or residental projects in the licensed trade for which the individual is applying;

(ii) Education programs, other than an apprentice program approved by the state of Ohio, may be sumitted in lieu of work experience by the applicant up to a maximum of one year of the five years of experience necessary;

(iii) An engineer not currently registered in the state of Ohio must have at least five years of business experience in the construction industry in the licensed trade for which application is made;

(iv) Experience doing maintenance or repair work may be considered as applicable to the five years experience so long as it was maintenance and repair work done on construction projects in the licensed trade for which the individual is applying and subject to the rules promulgated by the Ohio board of building standards pursuant to Chapter 3781. of the Revised Code; all other maintenance and repair experience on projects or structures not subject to the rules of the Ohio board of building standards promugated pursuant to Chapter 3781. of the Revised Code shall not be considered applicable experience.

(v) The individual shall provide documentation such as local licenses or registrations, permits obtained, pay stubs, W-2's, signed contracts, invoices, or verification of employment on company letterhead demonstrating that the applicant has spent a majority of his time during the five year experience period in the licensed trade for which the individual is applying; or

(b) Five years experience as an Ohio government inspector in the trade for which the individual is applying.

(c) For the five years immediatley prior to the filing of the application the individual is the full-time officer, proprietor, or partner of a licensed commercial contracting company in the trade for which the individual is applying.

(d) Such acceptable experience shall not include:

(i) Job experience in the construction industry as an inventory worker, counter salesperson, manufacturer representative, purchasing agent, secretary, clerk, or bookkeeper.

(ii) General contractor experience that is not directly related to the trade for which the individual is applying.

Replaces: 4101:16-3-02

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.05
Rule Amplifies: 4740.05, 4740.06
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05, 11/15/2007, 12/24/09

4101:16-2-02 Application procedures for licensing examination and results.

(A) Application - Any individual who desires to take the examination for specialty contractor's license issued pursuant to Chapter 4740. of the Revised Code shall file a completed written application with the appropriate specialty section. The application shall be on a form prescribed and furnished by the appropriate specialty section. A fee of twenty-five dollars must be submitted with the application. The application must be notarized and filed with the secretary of the board.

(B) Additional information - An appropriate specialty section may decide, upon a majority vote of the section, that additional information, records, or documentation is needed in order to determine the qualifications of the applicant. Upon that determination, the chairperson of the appropriate specialty section may direct the board's secretary to request the applicant provide additional information in a manner the section deems appropriate.

(C) Conditional approval pending criminal records check - Upon approval of the applicant's qualifications, the appropriate specialty section shall notify the applicant in writing that the applicant has been approved to take the examination pending the receipt of successful criminal background checks. The notice shall instruct the applicant how to submit to a criminal background test in accordance with this rule and section 4776.03 of the Revised Code.

(D) Criminal records check - An applicant for a license who has been referred to the administrative section 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.

(E) Upon receipt of the criminal background check, the administrative section of the board shall determine whether the applicant has been convicted of a crime involving moral turpitude as it is defined in section 4776.10 of the Revised Code. No applicant may be approved for licensure if he or she has been convicted of a crime involving moral turpitude.

(F) Upon receipt of the criminal background check, the administrative section of the board shall determine whether the applicant has been convicted of any disqualifying offense, as that term is defined in section 4776.10 of the Revised Code. No applicant may be approved for licensure if he or she has been convicted of a disqualifying offense. Disqualifying offenses must bear a direct nexus to the employment sought, as determined by the administrative section of the board. Disqualifying offenses include, but are not limited to:

(1) Forgery (section 2913.31 of the Revised Code);

(2) Trademark counterfeiting (section 2913.34 of the Revised Code);

(3) Fraud (section 2913.40, 2913.42, 2913.45, 2913.47, 2913.48, or 2913.49 of the Revised Code);

(4) Receiving stolen property (section 2913.51 of the Revised Code);

(5) Bribery (section 2929.02 of the Revised Code);

(6) Theft in office (section 2921.41 of the Revised Code);

(7) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(8) Soliciting or accepting improper compensation (section 2921.43 of the Revised Code);

(9) Engaging in a pattern of corrupt activity (section 2929.32 of the Revised Code);

(10) Money laundering (division (A) of section 1315.55 of the Revised Code);

(11) Criminal negligence (section 2901.21 of the Revised Code).

(G) Approval for examination - Upon the receipt of an acceptable criminal records check, the appropriate specialty section shall notify the applicant in writing of its approval to take the examination for contractor's license. The notification shall include a schedule of test dates and information pertaining to the testing agency authorized to administer the test. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of the examination.

(H) Testing agency registration - An applicant, upon notification by the appropriate specialty section of the approval of the application, shall register to take the examination with the approved testing agency designated on the notification. The approved testing agency shall be responsible for all costs associated with the design, preparation, administration, and scoring of the examination. The approved testing agency may charge a fee to the applicant for those expenses associated with the examination as approved by the administrative section or set forth in contract. The approved testing agency shall notify the appropriate specialty section of the results of the examination.

(I) Issuance of license - Upon receiving a passing score on the licensing examination, the applicant shall forward the required license fee to the appropriate specialty section. Upon receiving notice that the applicant received a passing score and upon receipt of the requisite fee, the specialty section shall then issue a license to the applicant.

(J) Right to appeal - An applicant whose application to take the examination has been denied by the appropriate specialty section shall be notified in writing of the denial and the applicant's right to an adjudication hearing pursuant to rule 4101:16-1-07 of the Administrative Code.

(K) Validity of conditional approvals pending criminal records check - The approval to take the examination shall be effective for one year following receipt of a completed criminal records check pursuant to rule 4101:16-2-02 of the Administrative Code. An applicant who fails to take the examination within one year from the date approved shall submit a new application in accordance with this rule. An applicant must submit proof of a passing score on all parts of the examination, as determined by the appropriate section, no later than twelve months after passing the examination, If the applicant fails to submit his or her passing score to the appropriate section within the required time, the applicant shall resubmit an application.

(L) Validity of criminal records check - 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.

(M) Confidentiality of criminal records check - 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 143.43 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.

Replaces: 4101:16-2-02

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 119.03, 4740.04, 4740.05, 4740.061, 4740.15, 4776.10
Rule Amplifies: 4740.04, 4740.05, 4740.06 , 109.572, 4740.061, 4776.01, 4776.02, 4776.03, 4776.04
Prior Effective Dates: 10/15/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-2-03 Examinations.

(A) The administrative section of the board shall schedule the examinations, as directed by the appropriate sections, for individuals seeking a contractor's license and who have been approved to take an examination by the appropriate sections. The examination for each trade shall be scheduled at least four times a year. The examinations shall be held at various locations throughout the state. The approved applicant shall schedule the date of the examination with the approved testing agency. The administrative section or its designees may monitor the administration of the examination.

(B) The administrative section, in consultation with the appropriate section and the approved testing agency shall provide an examination consisting of two parts for applicants seeking a license pursuant to Chapter 4740. of the Revised Code. The two parts shall consist of: one part that is specific to the trade to which the applicant has applied, and one part of business and law. The appropriate section may, upon the request of an applicant, permit oral examinations, or other accommodations, if the section determines that an applicant's ability is substantially impaired for any identifiable reason. The appropriate specialty section or the approved testing agency may, upon request of an applicant, permit examinations in other than the English language, if the section determines that the applicant's ability to perform is substantially impaired due to lack of fluency in the English language.

(C) Prior to the examination, each applicant will be given printed instructions pertaining to the examination. Failure to comply with those instructions may be cause for expulsion from the examination. Applicants shall not be permitted to converse with other applicants during the examination.

(D) An applicant that has attained a score of seventy percent on each part of the examination shall be deemed to have satisfactorily passed the examination. Once an applicant has passed both parts of the examination, the business and law part shall be deemed a passing score for a period of three years from the date the license is issued, in the event that the applicant applies and is approved by the appropriate specialty section to sit for another examination pursuant to Chapter 4740. of the Revised Code.

(E) The examinations shall be initially scored by the authorized testing agency. After the initial scoring has been completed, the appropriate specialty section shall verify final scores. After verifying the final scores, the appropriate specialty section shall approve the applicants who have successfully passed both parts of the examination.

(F) Each individual taking the examination shall be notified in writing whether the individual passed or failed one or both parts of the examination. The notification shall be made within a reasonable amount of time after the completion of the scoring process pursuant to paragraph (E) of this rule.

(G) An applicant that fails to pass any part of the examination may retake the part of the examination that the applicant failed upon payment of the appropriate fee to the authorized testing agency. If an applicant fails to pass both sections of the examination within one calendar year from the date of receipt of a completed criminal records check, the approval to take the examination shall automatically expire without the taking of any action by the appropriate section or the board's secretary.

Replaces: 4101:16-2-03

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior Effective Dates: 10/15/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05, 11/15/07

4101:16-2-04 Issuance of licenses to successful applicants.

(A) After an appropriate specialty section approves the results of the examinations pursuant to rule 4101:16-2-02 of the Administrative Code, the section shall, within thirty days of the date of examination, authorize the administrative section to issue a license to each individual that passed the examination.

(B) The administrative section, upon receipt of the following, may issue a license to each designated and authorized applicant:

(1) Authorization from the appropriate specialty section to issue a license pursuant to paragraph (A) of this rule;

(2) Receipt of the appropriate fee;

(3) Certification by the applicant that the required issuance is maintained pursuant to rule 4101:16-2-09 of the Administrative Code; and

(4) Receipt of a completed criminal records check performed pursuant to rule 4101:16-2-02 of the Administrative Code. The issuance of a license by the administrative section is contingent upon 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.

(C) The contractor license issued to an applicant that successfully passed the examination shall contain the following information:

(1) Date of expiration of the license;

(2) Signatures of the chairperson of the administrative section and secretary of the board;

(3) A license number assigned only to the licensee;

(4) The name of the licensee and if assigned to a business, the name of the company to which the license is assigned; and

(5) The type of specialty license.

Replaces: 4101:16-2-04

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior Effective Dates: 10/15/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05, 01/01/2009

4101:16-2-05 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, hats, and other similar, smaller items as designated by the board.

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

(D) 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# ----- .

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

Replaces: 4101:16-1-08

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 10/15/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-2-06 Notice of renewal date and application for renewal.

The administrative section shall provide an application to each individual holding a license pursuant to Chapter 4740. of the 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.

Replaces: 4101:16- 1-10

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15

4101:16-2-07 Renewal of license.

(A) Notwithstanding the exception provided in rule 4101:16-1-08 of the Administrative Code, the appropriate specialty section upon receipt of a completed application shall renew a license if the person holding a valid license renews such license in accordance with rule 4101:16-2-06 of the Administrative Code and the licensee demonstrates that the licensee continues to meet the qualifications set forth in section 4740.06 of the Revised Code and if the licensee meets all the following renewal requirements:

(1) Certifies that the licensee has maintained at least five hundred thousand dollars in a contractor liability insurance;

(2) Pays the renewal fee as set forth in rule 4101:16-2-09 of the Administrative Code; and

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-08 of the Administrative Code. If the licensee fails to meet the renewal requirements, the license shall automatically be suspended without the taking of any action by the appropriate specialty section or the board's secretary. A suspended license may be reactivate upon application within one calendar year and approval of the appropriate specialty section from the expiration date of the license, provided that the renewal fee plus a late fee, certification of insurance and completion of the required ten hours of continuing education is completed within the time frame pursuant to paragraph (B) of rule 4101:16-3-05 of the Administrative Code. Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license without the taking of any action by the appropriate section or the board secretary.

(B) In accordance with section 4740.06 of the Revised Code, if the individual has been convicted of or pleaded guilty to a misdemeanor that is not a crime of moral turpitude or a disqualifying offense less than one year prior to making the renewal application, the section may use its discretion in granting or denying the individual a license, or may issue a conditional license. If any individual has been convicted of or pleaded guilty to a felony that is not a crime of moral turpitude or a disqualifying offense less than three years prior to making the renewal application, the section may use its discretion in granting or denying the individual a license, or may issue a conditional license.

(C) Within one calendar year after the expiration of the specialty contractor's license, a licensee who fails to timely renew his/her license may file an application for a late renewal to the appropriate specialty section. The appropriate specialty section may allow a licensee to renew late if the licensee demonstrates that the licensee continues to meet the requirements of division (B) of section 4740.06 of the Revised Code and complies with all of the following:

(1) Pays the renewal fee and any late fee assessed pursuant to rule 4101:16-2-09 of the Administrative Code;

(2) Certifies that the licensee maintains at least five hundred thousand dollars in contractor liability insurance;

(3) Complies with the continuing education requirements as set forth in rule 4101:16-2-08 of the Administrative Code; and

(4) Complies with the time frame set by the appropriate specialty section.

If the specialty sections grant a late renewal, the license will not become valid until the licensee has complied with the terms and conditions established by the appropriate specialty section.

(D) If the appropriate specialty section denies the renewal or late renewal request of a licensee under Chapter 4740. of the Revised Code, the appropriate specialty section shall notify the person in writing and such notification shall state that the person may request an adjudication hearing pursuant to rule 4101:16-1-07 of the Administrative Code and section 119.07 of the Revised Code.

Replaces: 4101:16-3-06

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 2/9/04, 4/1/05

4101:16-2-08 Continuing education - hours of instruction requirements.

(A) Except as provided in rule 4101:16-1-08 of the Administrative Code, a specialty contractor shall complete ten classroom hours of an approved continuing education course each year to be eligible to apply for the renewal of their license or licenses as follows:

(1) Except as provided in rule 4101:16-1-08 of the Administrative Code, a specialty contractor who holds only one plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration license pursuant to Chapter 4740. of the Revised Code shall take the required ten hours of continuing education in any course that has been approved by any of the specialty sections;

(2) Except as provided in rule 4101:16-1-08 of the Administrative Code, a specialty contractor who olds only an electrical license pursuant to Chapter 4740. of the Revised Code shall take ten hours of continuing education with at least five hours of electrical code that has been approved by the electrical section and the remaining five hours in any health and safety, business, or technology course approved by the electrical section;

(3) Except as provided in rule 4101:16-1-08 of the Administrative Code, a specialty contractor who holds more than one license in the plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration trade pursuant to Chapter 4740. of the Revised Code shall take the required hours of continuing education courses in any course that is approved by any of the specialty sections; and

(4) A specialty contractor who holds an electrical contractor's license and any other license or licenses pursuant to Chapter 4740. of the Revised Code shall take five hours of continuing education course in electrical code and the remaining hours of continuing education shall be in any course that is approved by any of the specialty sections.

(B) A classroom hour consists of at least fifty minutes of contact instruction. The remaining ten minutes shall only be used for the training agency's or instructor's administrative duties or a break. The training agency or instructor shall not accrue the ten minutes to start a course late, end a course early or to allow a longer break.

(C) Continuing education hours obtained by individuals holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code in excess of the total hours required each renewal period for the renewal eligibility shall not be transferred to help meet the requirements of the following renewal period.

(D) No individual holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code will receive credit for more than ten classroom hours of continuing education instruction taken in one calendar day.

(E) Upon application, within one calendar year from the date of expiration of the license or licenses, the appropriate specialty section of the board may waive any portion of the continuing education hours requirement in cases of certified illness, disability, military service, foreign residence, or excusable neglect which prevents the attendance of approved continuing education courses by a person holding a license pursuant to Chapter 4740. of the Revised Code or extend the time for the licensee to complete the required continuing education requirements if the licensee has substantially met the other renewal requirements as set forth in division (D) of section 4740.06 of the Revised Code and rule 4101:16-2-07 of the Administrative Code or demonstrates excusable neglect. Continuing education waivers or extension of time to complete the required continuing education requirements will be determined on a case-by-case basis.

(1) If the appropriate specialty section grants an extension of time to complete the continuing education requirements and the license has expired, such license will not be reissued until the licensee has completed the continuing education requirements.

(2) For the purposes of this paragraph, "excusable neglect" means any non-reoccurring facts or circumstances outside the control of the contractor that hindered or prevented the contractor from completing the required hours of continuing education required for renewal of the specialty contractor's license or licenses by the expiration of such license or licenses.

(F) Pursuant to division (D) of section 4740.06 of the Revised Code, if the continuing education requirements are not timely met by an individual holding a specialty contractor's license on or before the expiration date set forth on the license, the license shall be suspended automatically without the taking of any action by the appropriate section or the board's secretary. A suspended license may be reactivated upon application within one calendar year and approval of the appropriate section from the expiration date of the license, provided that the renewal fee plus a late fee, certification that contractor liability insurance is maintained, and completion of the continuing education hours required for that renewal period is completed within the time frame pursuant to rule 4101:16-2-08 of the Administrative Code. Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license without the taking of any action by the appropriate section or the board secretary.

Replaces: 4101:16-2-01

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 10/15/93, 9/4/98, 11/15/07

4101:16-2-09 Fees and insurance.

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

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

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

(3) Sixty dollars for the annual renewal of each license; one hundred eighty dollars for the triennial renewal of each license.

(4) A late fee of not more than one hundred and twenty dollars will be assessed for each license not timely renewal under rule 4101:16-2-07 of the Administrative Code; and

(5) 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 instructions 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 is nonrefundable and payable to the administrative section of the Ohio construction industry licensing board.

(D) All individual holding a license pursuant to Chapter 4740. of the Revised Code, except an individual whose license has been placed in inactive status pursuant to section 4740.06 of the Revised Code, shall maintain contractor's liability insurance in the individual's name including without limitation, complete operations coverage in an amount of at least five hundred thousand dollars. If an individual's license has been assigned to a business entity in accordance with section 4740.07 of the Revised Code, the contractor liability insurance shall be in the name of the business entity. The business entity must be registered with the Ohio secretary of state to do business in Ohio.

Replaces: 4101:16-1-11

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 3/24/03, 2/9/04, 4/1/05, 11/15/07

4101:16-2-10 Reciprocity.

(A) Upon application to the appropriate specialty section and payment of the fee specified in rule 4101:16-2-09 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 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 4101:16-2-02 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 4101:16-2-08 of the Administrative Code, or pay the renewal fee pursuant to rule 4101:16-2-09 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 4101:16-2-07 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 examination pursuant to rule 4101:16-2-02 of the Administrative Code.

Replaces:4101:16-1-12

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 10/15/93, 2/9/04, 4/1/05, 11/15/07, 1/1/09

4101:16-2-11 Conditional licenses.

(A) In accordance with division (I)(4) of section 4740.06 of the Revised Code, in lieu of denying the application or renewal, the appropriate specialty section may instead in its discretion issue a conditional license. The conditional license may impose certain obligations upon the individual in order to obtain or maintain the license. If the conditions are not met, or if the individual otherwise violates Chapter 4740. of the Revised Code or the rules enacted thereunder, the appropriate specialty section may revoke the conditional license.

(B) The conditional license shall last for one year and shall then expire, after which point the conditions imposed upon the license shall no longer be in effect and the individual shall be deemed fully-licensed. The individual shall still be obligated to comply with the requirements for every non-conditional licensee, including all renewal requirements.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15

4101:16-2-12 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 4101:16-1-07 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 4101:16-2-07 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 4101:16-2-08 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; In the event the individual was in the Complaint Contractor Program pursuant to rule 4101:16-1-08 of the Administrative Code at the time the license was placed in inactive status, the individual shall be required to complete no more than eight hours of continuing education courses for each year the license was in an inactive status, but not to exceed a total of twenty-four hours.

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

(4) The individual certifies that he or she maintains at least five hundred thousand dollars in contractor liability insurance pursuant to rule 4101:16-2-09 of the Administrative Code.

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

Replaces: 4101:16-1-13

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06, 4740.08, 4740.09, 4740.15
Prior effective dates: 3/23/03, 2/9/04, 4/1/05, 11/15/07, 1/1/09

4101:16-2-13 Military provisions related to licensure.

(A) Eligibility for licensure:

(1) In accordance with section 5903.03 of the Revised Code, there are no military programs of training, military primary specialties, and lengths of service that are substantially equivalent to or exceed the educational and experience requirements for licensure.

(2) A veteran's relevant military experience, education and training will be considered when determining whether the veteran has met all or part of the requirements for licensure. A veteran should provide all relevant military documentation demonstrating his or her military experience, education and training to assist the department in its determination.

(B) License renewal:

(1) In accordance with section 5903.10 of the Revised Code, a veteran, whose license expired due to the veteran's military service, shall be eligible for renewal of the expired license if the following conditions are met:

(a) The veteran presents the department with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the department, the veteran was honorably discharged or separated from the military under honorable conditions;

(b) The veteran is not disqualified because of a mental or physical disability which would preclude the veteran from meeting the license requirements; and

(c) The veteran meets the requirements for license renewal.

(2) In accordance with section 5903.10 of the Revised Code, a veteran's spouse whose license expired due to the veteran's military service shall be eligible for renewal of the expired license if the following conditions are met:

(a) The veteran's spouse presents the department with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the department, the veteran was honorable discharged or separated from the military under honorable conditions and as a result of the veteran's military duty the veteran's spouse was absent from this state; and

(b) The veteran's spouse meets the requirements for license renewal.

(3) A veteran or veteran's spouse who meets the conditions in paragraph (C)(1) or (2)(C) of the Administrative Code shall not be assessed a penalty for submitting a late renewal application and shall not be required to take a re-examination unless all licensees for renewal are required to successfully complete an examination prior to being renewed.

(C) Continuing education:

(1) A veteran may request an extension of the current continuing education reporting requirement if the following conditions are met:

(a) The veteran served on active duty inside or outside the United States for a period in excess of thirty-one days during the current or prior continuing education reporting period; and

(b) The veteran submitted an application and proper documentation certifying the active duty service and the length of the active duty service.

(2) Upon receiving the completed application and proper documentation, the department shall extend the current continuing education reporting period by an amount of time equal to the total number of months that the veteran spent on active duty during the current continuing education reporting period. Any portion of a month served shall be considered one full month.

(3) The department shall consider relevant education, training or service completed by the veteran while on active duty in determining whether the veteran has fulfilled required continuing eduction.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 09/10/2020
Promulgated Under: 119.03
Statutory Authority: 4740.04, 4740.09, 4740.15
Rule Amplifies: 4740.03, 4740.04, 4740.06