This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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Rule |
Rule 4101:16-2-01 | Qualifications to take licensing examination.
Effective:
September 6, 2024
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 for which the license is being
applied 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 Administrative 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 professional 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 acceptable 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 residential 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
submitted 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) The individual shall provide documentation, such as
W-2s or IRS schedule Cs, as well as obtained permits, a journeyman card, a
certificate of completion of apprenticeship from an apprentice program approved
by the state of Ohio or the United States department of labor, or certificates
from a training agency approved by the board demonstrating completion of forty
hours of continuing education in code for the trade for which the individual is
applying, as the appropriate specialty section requires to demonstrate that the
individual has spent a majority of the required five-year experience period in
the licensed trade for which the individual is applying. (b) Five years experience as an Ohio government inspector in the
trade for which the individual is applying. (c) For the five years immediately prior to the filing of the
application, the individual is the full-time owner, partner, or employee of a
licensed commercial contracting company in the trade for which the individual
is applying. (d) Such acceptable experience does 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.
Last updated September 6, 2024 at 8:18 AM
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Rule 4101:16-2-02 | Application procedures for licensing examination and results.
(A) Any individual who desires to take
the examination for a license issued pursuant to Chapter 4740. of the Revised
Code shall file a completed written application 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) 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) 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 on how to submit to a criminal background test in accordance with
this rule and Chapter 4776. of the Revised Code. (D) 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 of 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 of 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 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) Engaging in a pattern of corrupt
activity (section 2929.32 of the Revised Code); (9) Money laundering (division (A) of
section 1315.55 of the Revised Code); (10) Criminal negligence (section 2901.21
of the Revised Code). (G) 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 a 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) 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 is 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) 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) 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) 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) 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 (D) of this rule if the previous criminal records check is no longer
valid. (M) 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.
Last updated May 13, 2022 at 8:33 AM
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Rule 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 license 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 a language 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 communicate with other
applicants during the examination. (D) An applicant that has attained a
score of seventy per cent 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) Within a reasonable amount of time
after the completion of the scoring process pursuant to paragraph (E) of this
rule, each individual taking the examination shall be notified whether the
individual passed or failed one or both parts of the examination. (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. The approval to take the examination shall automatically expire without
the taking of any action by the appropriate section or the board's
secretary one calendar year from the date of receipt of a completed criminal
records check.
Last updated May 13, 2022 at 8:33 AM
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Rule 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 4101:16-2-03
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) The appropriate fee
pursuant to rule 4101:16-2-09 of the Administrative Code; (3) Certification by the
applicant that the required insurance is maintained pursuant to rule
4101:16-2-09 of the Administrative Code; and (4) 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 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 the position of the licensee at the company to which the license
is assigned; (5) The name of the contracting company to which the
license is assigned; and (6) The type of specialty
license.
Last updated May 13, 2022 at 8:33 AM
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Rule 4101:16-2-05 | Display of license.
(A) An individual or entity holding a
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
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 the name of the specialty contracting business, contracts,
and advertisements (including, but not limited to, advertisements 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, pens, pencils, t-shirts, hats, and other similar
small items as designated by the board are not considered advertising specialty
items. (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, not less than two
inches in height, so that the number is easily noticed. (E) No license number may be advertised
for more than one business name.
Last updated May 13, 2022 at 8:33 AM
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Rule 4101:16-2-06 | Notice of renewal date and application for renewal.
At least ninety days prior to the expiration of a
license, the administrative section shall provide or make available an
application to each individual holding a license pursuant to Chapter 4740. of
the Revised Code. The application shall be on a form and in a format prescribed
by the appropriate specialty section.
Last updated May 13, 2022 at 8:33 AM
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Rule 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, the licensee demonstrates
that the licensee continues to meet the qualifications set forth in section
4740.06 of the Revised Code, and the licensee meets all the following renewal
requirements: (1) Certifies that the
licensee has maintained at least five hundred thousand dollars in 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 reactivated upon application within one calendar year from the
expiration date of the license and approval of the appropriate specialty
section, provided that the renewal fee plus a late fee, certification of the
required contractor liability insurance, and completion of the required hours
of continuing education are completed within the time frame set by the
appropriate specialty section. (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 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 of the denial and of the right to request an adjudication hearing
pursuant to rule 4101:16-1-07 of the Administrative Code and section 119.07 of
the Revised Code.
Last updated May 13, 2022 at 8:34 AM
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Rule 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 licensee 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 licensee who holds one or more
plumbing; hydronics; heating, ventilating, and air conditioning; or
refrigeration license(s) 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 licensee who holds 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; and (3) A licensee 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 in
electrical code and the remaining five hours of continuing education in any
course that is approved by any of the specialty sections. (B) A classroom hour consists of at least
fifty minutes of 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 of
non-instruction to start a course late, end a course early, or to allow a
longer break. (C) Continuing education hours obtained
by individuals holding a license pursuant to Chapter 4740. of the Revised Code
in excess of the total hours required each renewal period for renewal
eligibility shall not be transferred to help meet the requirements of the
following renewal period. (D) No individual holding a 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 (E)
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 extensions 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 licensee that hindered or prevented
the licensee from completing the required hours of continuing education
required for renewal of the license or licenses by the expiration of such
license or licenses. (F) Pursuant to division (E) of section
4740.06 of the Revised Code, if the continuing education requirements are not
timely met by an individual holding a 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 from the expiration date of the license and approval of the
appropriate section, 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 are
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.
Last updated May 13, 2022 at 8:34 AM
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Rule 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 renewed 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 fee of ten dollars
plus one dollar per credit hour for each course application
submitted; (2) A fee of one dollar
per credit hour of instruction per attendee; and (3) A 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 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 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.
Last updated May 13, 2022 at 8:34 AM
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Rule 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 the
other state are substantially equal to the licensure requirements under Chapter
4740. of the Revised Code and that the other state has entered into a written
reciprocity agreement with the appropriate section of the board. 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, pay the
renewal fee pursuant to rule 4101:16-2-09 of the Administrative Code, or
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 in the normal renewal time frame and under late renewal or who 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.
Last updated May 13, 2022 at 8:34 AM
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Rule 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) A conditional license is valid for
one year, 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.
Last updated May 13, 2022 at 8:35 AM
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Rule 4101:16-2-12 | Inactive status.
(A) 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) 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 in
an 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) In order to maintain a license in
inactive status, an individual shall apply for a renewal of the inactive
license each year in accordance with rule 4101:16-2-07 of the Administrative
Code. 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 due to 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 late, pursuant to rule
4101:16-2-07 of the Administrative Code, upon payment of the renewal fee plus a
late fee 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) 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) 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 compliant 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) 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.
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Rule 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 board 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, is eligible for renewal of the expired
license if the following conditions are met: (a) The veteran presents the board with satisfactory evidence
that, not more than six months prior to the date the evidence is submitted to
the board, 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 that 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 is eligible for renewal of
the expired license if the following conditions are met: (a) The veteran's spouse presents the board with
satisfactory evidence that, not more than six months prior to the date the
evidence is submitted to the board, the veteran was honorably 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 (C)(2) 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 board 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 board shall
consider relevant education, training, or service completed by the veteran
while on active duty in determining whether the veteran has fulfilled the
continuing education requirements.
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Rule 4101:16-2-14 | Temporary licenses for members of the military and their spouses.
As provided in section 4743.041 of the Revised
Code, temporary licenses shall be issued in accordance with Chapter 1301:3-9 of
the Administrative Code.
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