STATE OF OKLAHOMA. 2nd Session of the 54th Legislature (2014) AS INTRODUCED

Transcription

1 STATE OF OKLAHOMA nd Session of the th Legislature () HOUSE BILL 0 AS INTRODUCED By: Roberts (Dustin) An Act relating to professions and occupations; creating the Foundation Repair Contractors Act; defining terms; providing exceptions; authorizing Construction Industries Board to employ personnel and equipment; authorizing Board to promulgate rules; prohibiting certain actions; authorizing issuance of certain licenses; providing requirements for certain licenses; providing for application of license; providing for issuance of license; requiring employment of certain license holder; prohibiting enforcement of certain contracts; providing for penalties; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section.1 of Title, unless there This act shall be known and may be cited as the "Foundation Repair Contractors Act". SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there Req. No. Page 1

2 As used in the Foundation Repair Contractors Act: 1. "Board" means the Construction Industries Board or any person designated by the Board to administer the provisions of this act;. "Foundation" means that portion of a structure that serves the function of: a. supporting an overlying structure, b. providing a base for an overlying structure, or c. transmitting loads from an overlying structure to the underlying soils;. "Foundation repair contracting" means performing or offering to perform the design, installation, or construction functions in connection with the repair or maintenance of a foundation;. "Foundation repair contractor" means an individual or business engaged in foundation repair contracting for the public; and. "Mobile structure" means a structure that has wheels attached for the purpose of moving the structure from one location to another. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. The Foundation Repair Contractors Act shall not apply to: Req. No. Page

3 1. An individual homeowner who, without paid help, repairs the foundation of the individual's residence;. An individual licensed as an engineer by the State Board of Licensure for Professional Engineers and Land Surveyors, who engages in foundation repair contracting in connection with the business in which the individual is employed but who does not engage in that work for the public; or. An individual who engages in foundation repair contracting for a mobile structure. B. An individual is not required to hold a license under this act if the individual is engaged in foundation repair under the supervision of a license holder under this act. C. Foundation repair contracting by an individual who is exempt under this act remains subject to a permit, inspection, or approval requirement established by a municipal ordinance. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there The Construction Industries Board is authorized to employ personnel and procure such supplies and equipment as may be necessary to carry out and implement the provisions of the Foundation Repair Contractors Act, subject to budgetary limitations and funding. The Construction Industries Board may promulgate rules to implement the provisions of this act. Req. No. Page

4 SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. An individual shall not engage in foundation repair contracting unless the individual holds a license under the Foundation Repair Contractors Act. B. An individual who holds a license issued under this act is not required to hold a license issued by a municipality to engage in foundation repair contracting in the municipality. C. The Board shall issue master, journeyman, tradesman apprentice, and apprentice foundation repair contractor licenses. D. A master license entitles the license holder to engage in foundation repair contracting. E. An applicant for a master license under this act shall: 1. Be at least twenty-one () years of age;. Have at least sixty (0) months of documented, practical experience working in foundation repair contracting under the supervision of a master license holder during the preceding seven () years;. Have a high school diploma or its equivalent; and. Pass an examination administered by the Board. F. A journeyman license entitles the license holder to engage in the design and sale of foundation repair and of lifting, lowering, and adjusting buildings under the supervision of a master Req. No. Page

5 license holder. An applicant for a journeyman license under this act shall: 1. Be at least twenty-one () years of age;. Have at least twenty-four () months of documented, practical experience working in foundation repair contracting under the supervision of a master license holder during the preceding five () years;. Have a high school diploma or its equivalent; and. Pass an examination administered by the Board. G. A tradesman apprentice license entitles the license holder to engage in providing an estimate or design for a foundation repair or for the lifting, lowering, or adjusting of a building if the estimate or design is reviewed and approved in writing by a master license holder not later than the tenth business day after the date the estimate or design is presented to a member of the public. An applicant for a tradesman apprentice license under this act shall: 1. Be at least twenty-one () years of age;. Have a high school diploma or its equivalent; and. Pass an examination administered by the Board. H. An apprentice license entitles the license holder to engage in the repair of a foundation under the supervision of a master license holder. An applicant for an apprentice license under this act shall be at least eighteen () years of age. Req. No. Page

6 I. For purposes of determining an applicant's practical experience under this act, a four-year degree in engineering is equivalent to two () years of practical experience if: 1. The degree is from an institution of higher education; and. The institution's program is approved by the State Board of Licensure for Professional Engineers and Land Surveyors for the purpose of licensing engineers. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. An applicant for a license shall submit an application on the form prescribed by the Board. B. The application shall specify the class of license for which the applicant is applying. C. The application shall be accompanied by: 1. A statement containing evidence satisfactory to the Board of the applicant's required practical experience; and. The examination fee. D. The Board may conduct a criminal background check on an applicant. E. The Board shall prescribe a separate examination for each class of license, except that an examination is not required for an apprentice license. Req. No. Page

7 SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. The Board shall issue a foundation repair contractor license to an applicant that: 1. Passes the applicable examination;. Passes a criminal background check;. Pays the required fees; and. Meets the requirements of the Foundation Repair Contractors Act. B. Not later than the thirtieth day after the date an applicant fulfills the license requirements, the Board shall issue a license to the applicant. C. A license issued under this act expires at the end of the license period set by the Board. D. To renew a license, the license holder shall: 1. Submit a renewal application in the form prescribed by the Board;. Pay the required fee; and. Show evidence of having completed the continuing education requirements established by the Board. E. The Board shall prescribe the design of an original license and a renewal license. Req. No. Page

8 F. The Board shall adopt rules relating to the use, display and advertisement of a license. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. A foundation repair contracting company shall employ at least one full-time license holder who holds a master license. B. A foundation repair contracting company that does not employ a license holder as required by subsection A of this section at the time a contract for foundation repair contracting services is signed and at the time the services are performed shall not collect a fee or otherwise enforce the contract. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section. of Title, unless there A. Criminal penalties: Any person or entity who engages, or offers to engage, in foundation repair contracting in this state without being licensed by the Construction Industries Board or any person who violates any provision of the Foundation Repair Contractors Act, shall be guilty of a misdemeanor, punishable by a fine of not less than Two Hundred Fifty Dollars ($0.00), nor more than Two Thousand Dollars ($,000.00). B. Administrative penalties: Req. No. Page

9 Any person or entity who has been determined by the Board to have violated any provision of this act, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Two Hundred Fifty Dollars ($0.00) nor more than Ten Thousand Dollars ($,000.00) for each separate violation. SECTION. This act shall become effective November 1,. -- LRB 01/0/ Req. No. Page