1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2556 By: McBride
4
5
6 AS INTRODUCED
7 An Act relating to professions and occupations;
amending 59 O.S. 2021, Sections 1000.2, 1000.3,
8 1000.6, which relate to the Construction Industries
Board Act; authorizing Board to administer the
9 Oklahoma Uniform Building Code Commission Act;
modifying powers and duties of the Board; clarifying
10 language; amending 59 O.S. 2021, Sections 1000.21,
1000.22, 1000.23, 1000.24, 1000.25 and 1000.28, which
11 relate to the Oklahoma Uniform Building Code
Commission Act; authorizing Construction Industries
12 Board to administer the Oklahoma Uniform Building
Code Commission Act; modifying powers and duties of
13 the Oklahoma Uniform Building Code Commission;
providing for administrative services; authorizing
14 Commission to recommend system of fees; providing for
payment of certain fees collected; repealing 59 O.S.
15 2021, Sections 1000.26 and 1000.27, which relate to
the Chief Executive Officer and legal advisor to the
16 Oklahoma Uniform Building Code Commission; and
providing an effective date.
17
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1000.2, is
21 amended to read as follows:
22 Section 1000.2 A. The Construction Industries Board is hereby
23 re-created to continue until July 1, 2023, in accordance with the
24 provisions of the Oklahoma Sunset Law. The Board shall regulate the
Req. No. 5177 Page 1
1 plumbing, electrical and mechanical trades, the building and
2 construction inspectors, home inspectors, and the roofing
3 contractors and implement and administer the Oklahoma Uniform
4 Building Code Commission Act through the powers and duties set forth
5 in the Construction Industries Board Act and in the respective
6 licensing or registration acts for such trades, or as otherwise
7 provided by law.
8 B. 1. Beginning July 1, 2013, the Board shall be composed of
9 seven (7) members appointed by the Governor with the advice and
10 consent of the Senate, as follows:
11 a. two members shall have at least ten (10) years'
12 experience in the plumbing trade, of which one shall
13 be a plumbing contractor and one shall be a journeyman
14 plumber,
15 b. two members shall have at least ten (10) years'
16 experience in the electrical trade, of which one shall
17 be an electrical contractor and one shall be a
18 journeyman electrician,
19 c. two members shall have at least ten (10) years'
20 experience in the mechanical trade, of which one shall
21 be a mechanical contractor and one shall be a
22 mechanical journeyman, and
23 d. one member shall have at least ten (10) years'
24 experience as a building and construction inspector.
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1 2. Members shall be appointed for staggered terms of four (4)
2 years, as designated by the Governor. Members shall continue in
3 office until a successor is appointed by the Governor. The Governor
4 shall fill all vacancies and unexpired terms in the same manner as
5 the original appointment of the member whose position is to be
6 filled. A member may be removed by the Governor at any time.
7 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.3, is
8 amended to read as follows:
9 Section 1000.3 A. 1. The Construction Industries Board shall
10 organize on by September 1 each year, by electing from among its
11 members a chair and a vice-chair. The Board shall hold regularly
12 scheduled meetings at least once each quarter at a time and place
13 determined by the Board and may hold special meetings, emergency
14 meetings, or continued or reconvened meetings as found by the Board
15 to be necessary. A majority of the members of the Board shall
16 constitute a quorum for the transaction of business.
17 2. The chair shall preside at meetings of the Board, set the
18 agenda, sign orders and other required documents, coordinate Board
19 activities, and perform such other duties as may be prescribed by
20 the Board or authorized by law.
21 3. The vice-chair shall perform the duties of the chair during
22 the absence or disability of the chair and shall perform such other
23 duties as may be prescribed by the Board or authorized by law.
24
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1 4. The Construction Industries Board Administrator, at the
2 discretion of the Board, shall:
3 a. keep a record of all proceedings of the Board and
4 certify to actions of the Board,
5 b. oversee the receipt and deposit of all monies received
6 by the Board in the appropriate revolving funds,
7 c. submit, at the first regular meeting of the Board
8 after the end of each fiscal year, a full itemized
9 report of the receipts and disbursements for the prior
10 fiscal year, showing the amount of funds on hand, and
11 d. perform such other duties as are prescribed in the
12 Construction Industries Board Act or as may be
13 prescribed by the Board or required by law.
14 B. The Board shall act in accordance with the provisions of the
15 Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the
16 Administrative Procedures Act.
17 C. All members of the Board and such employees as determined by
18 the Board shall be bonded as required by Sections 85.26 85.58Q
19 through 85.31 85.58V of Title 74 of the Oklahoma Statutes.
20 D. The liability of any member or employee of the Board acting
21 within the scope of Board duties or employment shall be governed by
22 The Governmental Tort Claims Act.
23 E. Members of the Board shall serve without compensation but
24 shall be reimbursed for all actual and necessary expenses incurred
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1 in the performance of their duties in accordance with the State
2 Travel Reimbursement Act.
3 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.4, is
4 amended to read as follows:
5 Section 1000.4 A. 1. Pursuant to and in compliance with
6 Article I of the Administrative Procedures Act, the Construction
7 Industries Board shall have the power to adopt, amend, repeal, and
8 promulgate rules as may be necessary to regulate the plumbing,
9 electrical and, mechanical and roofing trades, building and
10 construction inspectors and, home inspectors, and implement and
11 administer the Oklahoma Uniform Building Code Commission Act. All
12 rules promulgated by the Board shall be reviewed and approved as
13 provided in subsection F of Section 308 of Title 75 of the Oklahoma
14 Statutes Article I of the Administrative Procedures Act and the
15 Construction Industries Board Act.
16 2. The Board shall have the power to enforce the provisions of
17 the Construction Industries Board Act, The Plumbing License Law of
18 1955, the Oklahoma Inspectors Act, the Electrical License Act, the
19 Mechanical Licensing Act, the Home Inspection Licensing Act, the
20 Oklahoma Uniform Building Code Commission Act and the Roofing
21 Contractor Registration Act, as provided in the respective acts.
22 B. The Board shall have the following powers:
23 1. Exercise all incidental powers and duties which are
24 necessary to effectuate the provisions of The Plumbing License Law
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1 of 1955, the Oklahoma Inspectors Act, the Electrical License Act,
2 the Mechanical Licensing Act, and the Oklahoma Uniform Building Code
3 Commission Act, the Home Inspection Licensing Act and the Roofing
4 Contractor Registration Act, including, but not limited to,
5 performing inspections of licenses, registrations, endorsements and
6 construction sites not otherwise subject to code inspection for
7 compliance with statewide adopted building codes applicable to the
8 trades licensed by the Board;
9 2. Serve as a code variance and appeals board for the trades
10 and industries it regulates which do not have statutory code
11 variance and appeals boards;
12 3. Order or subpoena the attendance of witnesses, the
13 inspection of records and premises, and the production of relevant
14 books and papers for the investigation of matters that may come
15 before the Board;
16 4. Initiate disciplinary proceedings, request prosecution of
17 and initiate injunctive proceedings against any person who violates
18 any of the provisions of The Plumbing License Law of 1955, the
19 Oklahoma Inspectors Act, the Electrical License Act, the Mechanical
20 Licensing Act, and the Home Inspection Licensing Act and the Roofing
21 Contractor Registration Act;
22 5. Maintain an administrative staff including, but not limited
23 to, a Construction Industries Board Administrator whose appointment
24 shall be made as provided in Section 1000.6 of this title;
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1 6. Establish and levy administrative fines for violations of
2 law or rule in the trades and industries the Board licenses or
3 regulates or against any person or entity denying the Board or its
4 representatives access to a job site for purposes of enforcing any
5 of the provisions of The Plumbing License Law of 1955, the Oklahoma
6 Inspectors Act, the Electrical License Act, and the Mechanical
7 Licensing Act, or the Home Inspection Licensing Act and the Roofing
8 Contractor Registration Act; provided, however, the Board is not
9 authorized to inspect or issue administrative violations or fines
10 for public utilities, public service corporations, intrastate gas
11 pipeline companies, gas gathering pipeline companies, gas processing
12 companies, rural electric associations, municipal utilities or their
13 subsidiaries, chemical plants, gas processing plants or petroleum
14 refineries where the entity uses their employees or contractors to
15 work on their own facilities or equipment;
16 7. Direct such other expenditures as may be necessary in the
17 performance of its duties including, but not limited to,
18 expenditures for office space, equipment, furnishings and contracts
19 for legal services. All expenditures shall be made pursuant to the
20 Oklahoma Central Purchasing Act; and
21 8. Enforce provisions of the plumbing, electrical and
22 mechanical codes as adopted by the Oklahoma Uniform Building Code
23 Commission pursuant to the Oklahoma Uniform Building Code Commission
24 Act.
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1 C. The Board shall account for all receipts and expenditures of
2 the monies of the Board, including annually preparing and publishing
3 a statement of receipts and expenditures of the Board for each
4 fiscal year. The Board's annual statement of receipts and
5 expenditures shall be audited by the State Auditor and Inspector or
6 an independent accounting firm in accordance with the provisions of
7 subsection B of Section 212 of Title 74 of the Oklahoma Statutes,
8 and the audit report shall be certified to the Governor of this
9 state to be true and correct, under oath, by the chair and vice-
10 chair of the Board. A copy of such certified report shall be
11 delivered to the chairs of the respective Senate and House of
12 Representatives Committees having authority over matters relating to
13 business, labor and construction industry licensing or regulation
14 not later than February 1 each year if it is not otherwise available
15 electronically on the website of the State Auditor and Inspector.
16 D. The Board shall account for all fines, penalties and fees
17 assessed and collected pursuant to the Administrative Procedures Act
18 or any rule promulgated for regulation of any industry and trade
19 under the authority of the Construction Industries Board. All
20 fines, penalties and fees assessed for any violation of law or rule
21 shall be automatically reviewed and brought before the entire Board
22 for consideration and vote not later than the last day of the
23 monthly quarter in which ninety (90) days from the date it was
24 imposed. The Construction Industries Board Administrator shall
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1 present to the Board a written recommendation and summary for each
2 case in which an assessment of a fine, penalty or fee was imposed
3 after administrative proceedings. The Board shall consider the
4 recommendations for each case at the next meeting date and at such
5 meeting shall either vote to affirm the recommendations or vote to
6 deny the recommendations and remand the case for further
7 administrative hearing, with or without instructions. No
8 administrative case shall be delayed or continued by the Board after
9 being placed on an agenda for final Board review, except with the
10 consent of all parties. The licensee or persons affected by the
11 imposition of an administrative fine, penalty or fee on final review
12 by the Board shall have all rights of appeal preserved pursuant to
13 the Administrative Procedures Act until final action by the Board.
14 E. The Construction Industries Board shall hear all appeals
15 timely made from an administrative ruling relating to an industry
16 and trade regulated by the Board; however, this appeal authority
17 shall not be in addition to the appeal process authorized by the
18 Administrative Procedures Act. Any final order ruling by the Board
19 from an administrative hearing may be further appealed as authorized
20 by the Administrative Procedures Act. Any appeal to a district
21 court shall be to the district court District Court of Oklahoma
22 County. The district court, upon conclusion of an appeal from a
23 Board ruling, shall be authorized to award reasonable legal fees to
24 the prevailing party.
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1 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.6, is
2 amended to read as follows:
3 Section 1000.6 A. No later than January 1, 2002, and
4 thereafter, each time the position becomes vacant, the Construction
5 Industries Board shall hire a Construction Industries Board
6 Administrator. The Construction Industries Board may, upon a
7 majority vote, terminate the employment of the Construction
8 Industries Board Administrator.
9 B. The Construction Industries Board Administrator shall assist
10 the Construction Industries Board in the performance of its duties
11 and shall report directly to the Board.
12 SECTION 5. AMENDATORY 59 O.S. 2021, Section 1000.21, is
13 amended to read as follows:
14 Section 1000.21 A. 1. There is hereby created the Oklahoma
15 Uniform Building Code Commission within the Construction Industries
16 Board which. The Construction Industries Board is authorized to
17 administer the Oklahoma Uniform Building Code Commission Act and
18 exercise all incidental powers necessary and proper to implement and
19 enforce the provisions of the Oklahoma Uniform Building Code
20 Commission Act and the rules promulgated thereto. The Oklahoma
21 Uniform Building Code Commission shall consist of thirteen (13)
22 members, eleven of whom shall be appointed by the Governor with the
23 advice and consent of the Senate as follows:
24
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1 a. one member who is a general contractor from a
2 statewide organization that represents residential
3 construction,
4 b. one member who is a general contractor from a
5 statewide organization that represents commercial
6 construction,
7 c. one member who is a contractor from a statewide
8 organization that represents electrical contractors,
9 d. one member who is a contractor from a statewide
10 organization that represents plumbing contractors,
11 e. one member who is a contractor from a statewide
12 organization that represents heating and cooling
13 contractors,
14 f. one member who is a licensed electrical engineer from
15 a state-recognized professional engineering firm,
16 g. one member who is a local-level regulator/inspector
17 who is a member of a statewide organization that is
18 exempt from taxation under federal law and designated
19 pursuant to the provisions of the Internal Revenue
20 Code, 26 U.S.C., Section 170(a), who has represented
21 municipalities and had statutory functions for
22 mun