Title 158. Construction Industries Board




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The official permanent rules of the Construction Industries Board are on file with the Office of Administrative Rules of the Secretary of State and are available for use by the public at depository libraries throughout the state and at most county clerk's offices. Copies of Title 158 Construction Industries Board may be purchased from the Secretary of State, Office of Administrative Rules, P.O. Box 53390, Oklahoma

City, OK 73152-3390 (405) 521-4911 www.sos.state.ok.us.
Other publications such as this are unofficial. The Construction Industries Board has tried to ensure the text of the rules herein is the same as that which is on file in the Oklahoma Administrative Code. Any discrepancies will be decided in favor of the text in the Office of Administrative Rules.

TITLE 158.  Construction Industries Board

CHAPTER 1.  Procedures of the Oklahoma Construction Industries Board

[OAR Docket #06-685]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 3. General Operation And Procedures

158:1-3-2. Office hours [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1000.4

DATES:

Comment period:

December 15, 2005 through January 16, 2006

Public hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted to Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove the rules resulted in the approval on April 18, 2006

Final Adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a


INCORPORATIONS BY REFERENCE:

n/a


ANALYSIS:

The purpose of the proposed rules is to amend the office hours.

CONTACT PERSON:

Jeanne Britt,C.P.O., Executive Assistant, Construction Industries Board, 2401 N.W. 23,Ste. 5 Oklahoma City, OK 73107 telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., § 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 3.  General Operation and Procedures

158:1-3-2.  Office hours

     Office hours are from 8:00 a.m. to 5:00 4:30 p.m., unless otherwise designated by the Administrator, each day except Saturday and Sunday and legal holidays established by statute or by the Governor.



[OAR Docket #06-685; filed 4-18-06]

TITLE 158.  Construction Industries Board

CHAPTER 10.  Fine Schedule

[OAR Docket #06-686]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 3. Administrative Fine Schedule

158:10-3-1. Common requirements under the Electrical License Act, the Mechanical Licensing Act and the Plumbing License Law of 1955 [AMENDED]

158:10-3-2. Other requirements under the Electrical License Act and/or the Mechanical Licensing Act [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1000.4.

DATES:

Comment period:

December 15, 2005 through January 16, 2006

Public Hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted to Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove resulted in approval on April 18, 2006.

Final adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a

INCORPORATIONS BY REFERENCE:



n/a

ANALYSIS:

The purpose of the proposed rules is to clarify language in the administration of fines.

CONTACT PERSON:

Jeanne Britt, Rules Liaison, Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, OK 73107; telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 3.  Administrative Fine Schedule

158:10-3-1.  Common requirements under the Electrical License Act, the Mechanical Licensing Act and the Plumbing License Law of 1955

(a)    The schedule of fines in this Section is based on violation of requirements common to the rules promulgated under authority of the Electrical License Act, the Mechanical Licensing Act and The Plumbing License Law of 1955, or each of the respective licensing laws. Except as provided in Section 158:10-3-3, the fine schedule for citations issued by the Board for violations of the following requirements is:

(1)    Contracting without license, which includes offering to perform work:

(A)    First - $400;

(B)    Second or subsequent - $500.

(2)    Inactive contractor or a journeyman engaged in contracting:

A)    First - $450;

(B)    Second or subsequent - $500.

(3)    Contracting with an expired bond:

(A)    First - $200;

(B)    Second or subsequent - $320.

(43)    Contractor working unlicensed or unregistered individual (per person):

(A)    First - $190;

(B)    Second or subsequent - $400.

(54)    Contractor working registered apprentice without direct supervision (per apprentice):

A)    First - $100;

(B)    Second or subsequent - $250.

(65)    Unlicensed or unregistered individual working for a contractor performing trade work under the direction of one acting as a contractor:

(A)    First - $150;

(B)    Second or subsequent - $280.

(76)    Loaning a license:

(A)    First - $500;

(B)    Second or subsequent - $500.

(87)    Forging or altering a license:

(A)    First - $400;

(B)    Second or subsequent - $500.

(98)    Code violations per day (after NOV compliance date):

(A)    First - $210.



(9)    Contracting with an expired bond:

(A)    First - $200;

(B)    Second or subsequent - $320.

(10)    Contracting with expired insurance

(A)    First - $200

(B)    Second or subsequent - $320

(1011)    Failure to properly display firm name and state license number on vehicles:

(A)    First - $70;

(B)    Second or subsequent - $190.

(b)    Violations of any other provision of the Electrical Industry Regulations, the Mechanical Industry Regulations and the Plumbing Industry Regulations not otherwise provided hereinabove or in 158:10-3-2, shall be subject to a fine of $200.00 for the first offense and $400.00 for each subsequent offense.

158:10-3-2.  Other requirements under the Electrical License Act and/or the Mechanical Licensing Act

     The schedule of fines in this Section are based on violation of requirements common to the rules promulgated under authority of the Electrical License Act and/or the Mechanical Licensing Act, or each of the respective licensing laws. Except as provided in Section 158:10-3-3, the fine schedule for citations issued by the Board for violations of the following requirements is:

(1)    Contracting with expired insurance (electrical and mechanical trades):

A)    First - $200

(B)    Second or subsequent - $320

Failure to display state contractor license number on advertising, contracts, and bids (electrical trade only):



(1)    First - $70

(2)    Second or subsequent - $190.

[OAR Docket #06-686; filed 4-18-06]

TITLE 158.  Construction Industries Board

CHAPTER 30.  Plumbing Industry Regulations

[OAR Docket #06-687]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. General Provisions

158:30-1-2. Definitions [AMENDED]

158:30-1-4. Standard of installation [AMENDED]

Subchapter 9. Examination Procedures, License And Registration Fees And Duration Of Licenses

158:30-9-1. Examination procedures [AMENDED]

Subchapter 13. Procedure Of The Variance And Appeals Boards, Plan Review Applications And Fees, Code Variance Applications And Fee, And Code Interpretation Appeals

158:30-13-2. Procedures of the Variance and Appeals Board [AMENDED]

158:30-13-3. Code variance applications and fee [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1002.

DATES:

Comment period:

December 15, 2005 through January 16, 2006.

Public Hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted to Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove these rules resulted in the approval on April 18, 2006

Final Adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a


INCORPORATIONS BY REFERENCE:

Incorporated standards:

2006 International Plumbing Code

2006 International Fuel Gas Code

Plumbing portions of the 2006 International Residential Code

Incorporating rules:

158:30-1-4.

Availability:

8:00 a.m. to 5:00 p.m., Monday through Friday at Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, 73107 telephone:(405) 271-2771; facsimile: (405) 271-5254.

ANALYSIS:

The purpose of these rules is to incorporate the 2006 International Plumbing Code, 2006 International Fuel Gas Code, and the plumbing portions of the 2006 International Residential Code as the minimum standard for the installation of plumbing in Oklahoma where no ordinance or regulation of a governmental subdivision applies in 158:1-3-4 and in 158:30-9-1; to reference the current standard of installation in 158:30-1-2; To change the physical address of the Construction Industries Board in 158:30-13-2; and to reference current code in 158:30-13-3.

CONTACT PERSON:

Jeanne Britt, Rules Liaison, Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, 73107 telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 1.  General Provisions

158:30-1-2.  Definitions

     The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the plumbing license law of 1955 as found at 59O.S.§ 1001 et seq.

"Administrator" means the Administrator of the Board as described in the Construction Industries Board Act found at 59 O.S. § 1000.1 et seq.

"Applicant" means any person applying for an examination, for a license or registration, for review of plans and specifications or for a plumbing code variance from the current, published edition of the code of plumbing regulations endorsed by the International Code Council (ICC) by the Board under the Act.

"Board" means the Oklahoma Construction Industries Board.

"Bonds and Insurance Unit" means the consolidated unit that processes bonds, insurance, and citations under the direction of the Construction Industries Board.

"Cheating" means any unapproved deviation from any official instruction given before, during or after a license examination, for the purpose of affecting or influencing the examination results or otherwise providing an undue advantage to any examinee.

"Committee" means the Committee of Plumbing Examiners.

"Direct supervision" means the on-the-job presence by the supervisor who must be a licensed plumbing contractor or plumbing journeyman.

"Farm Operations"

(A)    For purposes of the Plumbing License Law, "farm" means land devoted primarily to production for sale of livestock or agricultural commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(B)    For purposes of the Plumbing License Law, "Farm building" means all homes (i.e., domiciles, residences), or buildings therewith designed and used primarily for and in conjunction with conducting farming operations, provided that said buildings are not connected to a public water and/or sewage system. A "farm building" shall not include other structures such as stores, service stations, schools, motels, or any other building having public access, whether connected to private or public water or sewer systems.

"Maintenance of state owned or operated facilities" means maintenance of state institutions and school districts and will be construed as all repair and/or upkeep of existing plumbing or plumbing fixtures within existing state owned buildings or local school district owned buildings. This term shall not include the installation of plumbing in a new building or new additions to existing structures or replacement of plumbing systems in existing buildings.

"Plumbing" means and includes:

(A)    all piping, fixtures, appurtenances and appliances for, and in connection with, a supply of water within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a water main or other source of supply;

(B)    all piping, fixtures, appurtenances and appliances for sanitary drainage or storm drainage facilities, including venting systems for such facilities, within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a public disposal system or other acceptable terminal;

(C)    the installation, repair, maintenance and renovation of all piping, fixtures, appurtenances and appliances for a supply of water, or for the disposal of waste water, liquid waste, or sewage within or adjacent to any building, structure, or conveyance, on the premises and to the source of supply of water or point of disposal of wastes;

(D)    the original installation of a water softener but not the exchanging of the units whereby only unions are disturbed in the replacement;

(E)    the installation of water services and building sewers;

(F)    sewer cleaning-house sewer maintenance; and,

G) automatic sprinkler systems which do not comply with Section 1017, paragraph D, of the Oklahoma State Plumbing License Law.



"Plumbing License Unit" means the staff and administrative support unit to the Committee of Plumbing Examiners and the Plumbing Hearing Board.

"Reciprocity agreement" means an agreement whereby a person holding a plumber's license or registration who is licensed in other states with substantially similar or greater licensure requirements may be licensed in this State after payment of a fee for licensing by reciprocity.

"Variance" means the use of an alternative material or method of construction from that prescribed in the current, published edition of the code of plumbing regulations endorsed by the International Plumbing Code/2000 for use at a particular location or project specified in the variance application; and

"Variance and Appeals Board" means the Oklahoma State Plumbing Installation Code Variance and Appeals Board.

158:30-1-4.  Standard of installation

     The Construction Industries Board hereby incorporates the International Plumbing Code/2003 2006, 20032006 International Fuel Gas Code, and the plumbing portion of the 2003 2006 International Residential Code as the minimum standard for the installation of plumbing in Oklahoma where no ordinance or regulation of a governmental subdivision applies.

SUBCHAPTER 9.  Examination Procedures, License and Registration Fees and Duration of Licenses

158:30-9-1.  Examination procedures

(a)    The plumbing standards for the plumbing examination shall be the International Plumbing Code/2000 as adopted in 158:30-1-4.

(b)Any previously certified examination may be used to meet an examination requirement.

(c)    Examination for a plumber's license shall include, but not be limited to, written questions and drawings and/or charts.

(d)    The maximum grade value of each part of the plumbing examination shall be 100 points. An examinee must make 70% or more on each part, above, to pass the examination.

(e)    Attendance at an approved technical school with specialization in the plumbing skills may be substituted for experience or employment on an equal time basis. Substitution of education for experience shall be limited to a maximum of one half the experience requirement. Applicants must present to the Administrator for approval records of schools attended, grades and/or certificates of completion if education is to be substituted for experience.

(f)    Applicants for the plumbing contractor examination must be capable of reading English without assistance. A person who cannot meet this requirement may request a hearing before the Committee to request reasonable accommodations.

(g)    Except as authorized by the Plumbing Examining Committee, no person, other than examinees, shall be permitted in the examination area.

(h)    An examinee who is caught cheating during the course of an examination shall be deemed to have failed the examination.

(i)    Applicants for the journeyman examination must be eighteen (18) years of age or older and have three (3) years experience in the plumbing trade.

(j)    Applicants for the contractors examination must be eighteen (18) years of age or older and have four (4) years experience in the plumbing trade.

(k)    The fees for both examination and license must be on deposit with the Administrator in advance of the examination.

(l)    If the applicant fails to meet the minimum qualifications to take the examination, the application fee will be forfeited.

(m)    Applicants failing to appear for their examination on the date scheduled shall forfeit the examination fee unless notification is received by the Administrator at least 24 hours prior to examination date.

SUBCHAPTER 13.  Procedure of the Variance and Appeals Boards, Plan Review Applications and Fees, Code Variance Applications and Fee, and Code Interpretation Appeals

158:30-13-2.  Procedures of the Variance and Appeals Board

     The Administrator shall call a meeting of the Variance and Appeals Board after the Administrator receives proper application for a variance accompanied by the fifty dollar ($50.00) filing fee or receives proper notice of an appeal of the Board's interpretation of the current, published edition of the code of plumbing regulations endorsed by the International Plumbing Code/2000 as applied to a particular installation. Variance and Appeals Board meetings are held in the Oklahoma State Board of Health Building at 1000 N.E. 10th Street, Oklahoma City, Oklahoma 73117-1299 principal offices of the Construction Industries Board referenced at 158:1-3-1 or at another location named by the Administrator. The Variance and Appeals Board shall comply with the Oklahoma Open Meetings Act.

158:30-13-3.  Code variance applications and fee

(a)    Applications for a variance from the current, published edition of the code of plumbing regulations endorsed by the International Code Council (ICC) by an Oklahoma-licensed plumber shall be submitted to the Administrator. An application provided by the Administrator and the fifty-dollar ($50.00) filing fee shall accompany sufficient technical data submitted to support the proposed variance. Applications submitted after the use of materials or methods of construction not in conformance with the current, published edition of the code of plumbing regulations endorsed by the International Plumbing Code/2000 that are relevant to the application, or submitted where a city or town has adopted a nationally recognized, plumbing installation code by ordinance, shall not be considered by the Variance and Appeals Board.

(b)    The applicant and the Administrator may offer testimony to the Variance and Appeals Board which is relevant to the code variance requested. If testimony will be offered to support the application, the applicant shall include in the application the identity of the applicant's witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness. If the Administrator contests the application, and will offer testimony to rebut the application, the Administrator will provide the applicant with the identity of the Administrator's witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness.



[OAR Docket #06-687; filed 4-18-06]

TITLE 158.  Construction Industries Board

CHAPTER 40.  Electrical Industry Regulations

[OAR Docket #06-688]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 3. Procedures Of The Committee And The Hearing Board

158:40-3-1. Procedures of the committee [AMENDED]

Subchapter 7. License Classifications

158:40-7-2. Residential electrical license[AMENDED]

Subchapter 13. Procedures Of The Variance And Appeals Board, Plan Review Applications And Filing Fees, Code Variance Applications And Filing Fee And Code Interpretation Appeals

158:40-13-2. Procedures of the variance and appeals board [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1689

DATES:

Comment Period:

December 15, 2005 through January 16, 2006

Public Hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted to Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove the rules resulted in approval on April 18, 2006.

Final Adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a


INCORPORATIONS BY REFERENCE:

n/a


ANALYSIS:

The rule changes provide a change of the principal office address of the Construction Industries Board. The purpose of this rule is to clarify language and allow two thousand (2000) hours of maintenance and military experience as an option to satisfy the requirements of the residential electrical journeyman's license.

CONTACT PERSON:

Jeanne Britt, C.P.O., Executive Assistant, Construction Industries Board, 2401 N.W. 23,Ste 5, Oklahoma City, OK 73107 telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 3.  Procedures of the Committee and the Hearing Board

158:40-3-1.  Procedures of the committee

(a)    Committee meetings are generally, and unless otherwise stated by the Administrator, Oklahoma State Board of Health Building at 1000 N.E. 10th Street, Oklahoma City, Oklahoma 73117-1299 the principal offices of the Construction Industries Board referenced at 158:1-3-1. The Committee shall meet and conduct examinations, as often as is necessary, but at least once each quarter when applications are pending. Meetings of the Committee will comply with the Oklahoma Open Meeting Act.

(b)    The Committee may write and shall administer electrical examinations; shall notify applicants by mail of the dates and time of examinations; shall grade examinations; shall certify qualified applicants; may recommend regulations to the Administrator and to the State Construction Industries Board; and shall act as advisor to the Administrator on electrical matters.

(c)    Application for licensure shall be done by filling out an application for examination on a form provided by the Electrical License Unit.

(d)    The public may communicate with the Committee in person or by mail through the Oklahoma Construction Industries Board. The Administrator will make available all forms and instructions used by the Committee, rules, and all other written statements of policy or interpretations, all final orders, decisions and opinions. Copies will be provided upon payment of a fee of 25 cents per page.

SUBCHAPTER 7.  License Classifications

158:40-7-2.  Residential electrical license

(a)    Residential electrical licenses are limited to wiring buildings as defined in the National Electrical code for one and two family dwellings.

(b)    Applicants for residential electrical contractor examination must:

(1)    be eighteen (18) years of age or older, have served four thousand (4,000) hours as an apprentice,

(2)    have passed the residential or unlimited journeyman examination and

(3)    have an additional four thousand (4,000) hours as a residential or unlimited journeyman electrician under the employment and supervision of an electrical contractor. One thousand (1,000) hours of the four thousand (4,000) hours as a licensed journeyman may be satisfied by actual classroom hours of formal electrical education.

(c)    Applicants for residential electrical journeyman examination must:



(1)    be eighteen (18) years of age or older and

(2)    verify at least four thousand (4,000) hours (2 years) experience in the electrical construction trade as an apprentice under the direct supervision of a journeyman electrician or electrical contractor.

(A)    two thousand (2,000) of such hours may be satisfied by actual classroom hours of formal electrical education. or

(B)    Two thousand (2,000) hours may be satisfied by verified experience performing electrical maintenance or military electrical installations.

SUBCHAPTER 13.  Procedures of the Variance and Appeals Board, Plan Review Applications and Filing Fees, Code Variance Applications and Filing Fee and Code Interpretation Appeals

158:40-13-2.  Procedures of the variance and appeals board

     The Administrator shall call a meeting of the Variance and Appeals Board after the Administrator receives proper application for a variance accompanied by the fifty dollar ($50.00) filing fee or receives proper notice of an appeal of the Board's interpretation of the National Electrical Code as applied to a particular installation. Variance and Appeals Board meetings are held at 1000 N.E. 10th Street, Oklahoma City, Oklahoma 73117-1299 the principal offices of the Construction Industries Board referenced at 158:1-3-1 or at another location named by the Administrator. The Variance and Appeals Board shall comply with the Oklahoma Open Meetings Act.



[OAR Docket #06-688; filed 4-18-06]

TITLE 158.  Construction Industries Board

CHAPTER 50.  Mechanical Industry Regulations

[OAR Docket #06-689]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. General Provisions

158:50-1-2. Definitions [AMENDED]

158:50-1-4. Adopted references and standard of workmanship [AMENDED]

Subchapter 11. License Revocation Or Suspension And Prohibited Acts

158:50-11-1. License retention requirements [AMENDED]

Subchapter 13. Procedures Of The Variance And Appeals Board, Plan Review Applications And Fees, Code Variance Applications And Fee, Code Interpretation Appeals.

158:50-13-2. Procedures of the variance and appeals board [AMENDED]

158:50-13-3. Code variance applications and fee [AMENDED]

158:50-13-4. Code interpretation appeals [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1689.

DATES:

Comment period:

December 15, 2005 through January 16, 2006

Public Hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove resulted in approval on April 18, 2006.

Final adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a

INCORPORATIONS BY REFERENCE:



Incorporating standards:

2006 International Mechanical Code

2006 International Fuel Gas Code

Chapters 12 through 24 of the International Residential Code.

Incorporating rules:

158:30-1-4.

Availability:

8:00 a.m. to 5:00 p.m., Monday through Friday at Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, 73107 telephone:(405) 271-2771; facsimile: (405) 271-5254.

ANALYSIS:

The rule changes provide a change of the principal office address of the Construction Industries Board, and incorporates the International Mechanical Code/2006, International Fuel Gas Code/2006, and the International Residential Code/2006, (Chapters 12 through 24) as the minimum standard for mechanical work in Oklahoma.

CONTACT PERSON:

Jeanne Britt, Rules Liaison, Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, OK 73107; telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 1.  General Provisions

158:50-1-2.  Definitions

     The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:



"Act" means Mechanical Licensing Act as found at 59 O.S. § 1850.1 et seq.

"Administrator" means the Administrator of the Board as described in the Construction Industries Board Act found at 59 O.S. § 1000.1 et seq.

"Applicant" means any person applying for an examination, for a license or registration, for review of plans and specifications or for a mechanical code variance from the ICC International Mechanical Code/2000 or the International Fuel Gas Code/2000 and the International Residential Code/2000 (Chapters 12 through 24) by the Construction Industries Board under the Act.

"Associated with and responsible for" means the relationship between a mechanical contractor and mechanical firm based on the mechanical contractor being a permanent employee, owner, partner, or officer in a corporate firm, and whereby the mechanical contractor shall give full time to the supervision and control of operations necessary to secure full compliance with the provisions of the Mechanical Licensing Act and this Chapter.

"Board" means the Oklahoma Construction Industries Board.

"Bonds and Insurance Unit" means the consolidated unit that processes bonds, insurance, and citations under the direction of the Construction Industries Board.

"Cheating" means any unapproved deviation from any official instruction given before, during or after a license examination, for the purpose of affecting or influencing the examination results or otherwise providing an undue advantage to any examinee.

"Committee" means the Committee of Mechanical Examiners.

"Direct supervision" means the on-the-job presence by the supervisor who must be a licensed mechanical contractor or mechanical journeyman.

"Gas piping" means and includes all natural gas piping within or adjacent to any building, structure, or conveyance, on the premises up to the connection with a natural gas meter, regulator, or other source of supply.

"Ground source piping" means piping buried below the earth's surface or submerged in a water well, lake or pond and used in conjunction with a heat pump to provide heating, ventilation and/or air conditioning to a structure.

"Humidification", when applied to air conditioning, means and includes an increase or decrease in moisture content of the air being conditioned and supplied to the space for human occupancy by means of that integral part of the entire air conditioning system, equipment, and control devices; when applied to refrigeration, means and includes an increase or decrease in the moisture content of the air or product being conditioned for a food preservation measure or manufacturing process by means of the integral part of the entire refrigeration system, equipment, and control devices.

"HVAC" or "heating, ventilation and air conditioning" means the process of treating air by controlling its temperature, humidity, and cleanliness and of supplying such air to spaces for human occupancy by means of an integrated system of air conditioning and ventilation equipment, accessories and control devices.

"ICC" means the International Code Council.

"Limited residential journeyman" means a type and category of mechanical license that is restricted to new installations in detached one or two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with a separate means of egress as regulated by this chapter.

"Mechanical License Unit" means the staff and administrative support unit to the Committee of Mechanical Examiners and the Mechanical Hearing Board.

"Mechanical work" means the installation, maintenance, repair, or renovation, in whole or in part, of any heating system, cooling system, mechanical refrigeration system or ventilation system or any equipment or piping carrying chilled water, air for ventilation purposes, or natural gas, or the installation, maintenance, repair, or renovation of process piping used to carry any liquid, substance, or material, including steam and hot water used for space heating purposes not under the jurisdiction of the Department of Labor, provided that minor maintenance and repairs are excluded.

"Minor repairs and maintenance" means minor repairs or maintenance prescribed in the manufacturer's operating instructions to be performed by the equipment owner or his authorized agent, and shall not include replacement and repairs of any nature on natural gas piping, natural gas controls, the low voltage manufacturer installed controls, the vent system of fuel burning appliances or any repair or maintenance which would violate the safe operation of the equipment.

"Process" means a series of operations performed in the making or treatment of a product.

"Process piping" means lay out, assembly, installation, and maintenance of pipe systems, pipe supports, and related hydraulic and pneumatic equipment for steam, hot water, heating, cooling, lubricating and fire sprinklers, not subject to regulation pursuant to the Alarm Industry Act, and industrial production and processing systems.

"Reciprocity" means an agreement whereby a person holding a mechanical license or registration who is licensed in other states with substantially similar or greater licensure requirements may be licensed in this State after payment of a fee for licensing by reciprocity.

"Refrigeration system" means a system employing fluid which normally is vaporized and liquefied in an air conditioning system, food preservation measure or manufacturing process.

"Sheet metal" means the ferrous and non-ferrous ductwork and components which house and ventilates air conditioning systems, both assembled and custom fabricated.

"Variance" means the use of an alternative material or method of construction from that prescribed in the ICC International Mechanical Code/2000 or the International Fuel Gas Code/2000 or the International Residential Code/2000(Chapters 12 through 24) for use at a particular location or project specified in the variance application; and

"Variance and Appeals Board" means the Oklahoma State Mechanical Installation Code Variance and Appeals.

158:50-1-4.  Adopted references and standard of workmanship

     The Construction Industries Board hereby incorporates the International Mechanical Code/20032006, International Fuel Gas Code/20032006, and the International Residential Code/20032006, Chapters 12 through 24) as the minimum standard for mechanical work in Oklahoma.

SUBCHAPTER 11.  License Revocation or Suspension and Prohibited Acts

158:50-11-1.  License retention requirements

     All mechanical work performed by the licensee shall be minimally in accordance with the ICC International Mechanical Code/2000 and/or the International Fuel Gas Code/2000 and the International Residential Code/2000 (Chapters 12 through 24)adopted references in 158:50-1-4. An exception shall be made only if the plans calling for other than the adopted references in 158:50-1-4 or have been approved by the Office of State Fire Marshal.

SUBCHAPTER 13.  Procedures of the Variance and Appeals Board, Plan Review Applications and Fees, Code Variance Applications and Fee, Code Interpretation Appeals

158:50-13-2.  Procedures of the Variance and Appeals Board

     The Administrator shall call a meeting of the Variance and Appeals Board after the Administrator receives proper application for a variance accompanied by the fifty dollar ($50.00) filing fee or receives proper notice of an appeal of the Department's interpretation of the ICC International Mechanical Code/20002006 or the International Fuel Gas Code/20002006 and the International Residential Code/20002006 (Chapters 12 through 24)as applied to a particular installation. Variance and Appeals Board meetings are held at 1000 N.E. 10th Street, Oklahoma City, Oklahoma 73117-1299 the principal offices of the Construction Industries Board referenced at 158:1-3-1, or at another location named by the Administrator. The Variance and Appeals Board shall comply with the Oklahoma Open Meetings Act.

158:50-13-3.  Code variance applications and fee

(a)    Applications for a variance from the ICC International Mechanical Code/2000 or the International Fuel Gas Code/2000 and the International Residential Code/2000 (Chapters 12 through 24) adopted references in 158:50-1-4 by an Oklahoma-licensed, mechanical contractor, or other person as stated in statute, shall be submitted to the Administrator. An application form and the fifty-dollar ($50.00) filing fee shall accompany sufficient technical data submitted to support the proposed variance. Applications submitted after the use of materials or methods of construction not in conformance with the ICC International Mechanical Code/2000 or the International Fuel Gas Code/2000 and the International Residential Code/2000 (Chapters 12 through 24) adopted references in 158:50-1-4, or submitted where a city or town has adopted a nationally recognized, mechanical installation code by ordinance, shall not be considered by the Variance and Appeals Board.

(b)    The applicant and the Administrator may offer testimony to the Variance and Appeals Board which is relevant to the code variance requested. If testimony will be offered to support the application, the applicant shall include in the application the identity of the applicant's witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness. If the Administrator contests the application, and will offer testimony to rebut the application, the Administrator will provide the applicant with the identity of the Administrator's witnesses by name, profession or occupation, address and telephone number, and a concise summary of the expected testimony of each witness.

158:50-13-4.  Code interpretation appeals

     A mechanical contractor, or any party who has an ownership interest in or who is in responsible charge of the design of or work on the mechanical installation, may appeal the Department's interpretation of the adopted ICC International Mechanical Code/2000 or the adopted International Fuel Gas Code/2000 and the adopted International Residential Code/2000 (Chapters 12 through 24) adopted references in 158:50-1-4 as applied during the Administrator's review of mechanical plans and specifications or inspection of a mechanical installation to the Variance and Appeals Board created pursuant to Title 59, O.S. Supp. 1994, § 1850.16. Such appeals shall be made in writing to the Administrator within fourteen days after the Department's code interpretation or receipt of written notice of the alleged code violation by the licensed mechanical contractor, and shall be heard only if based on a claim that:

(1)    the true intent of the installation code has been incorrectly interpreted;

(2)    the provisions of the code do not fully apply; or

(3)    an equal or better form of installation is proposed.

[OAR Docket #06-689; filed 4-18-06]

TITLE 158.  Construction Industries Board

CHAPTER 60.  Inspectors Regulations

[OAR Docket #06-690]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. General Provisions

158:60-1-2. Definitions [AMENDED]

Subchapter 5. Categories And Classifications Of Inspector Licenses, Qualifications For Inspector Licensure, License Requirements For Inspectors, Fee, Certification And Continuing Education For Inspectors, And Continuing Education Courses.

158:60-5-2. Qualifications for inspector licensure [AMENDED]

158:60-5-4. Fees, certification and continuing education for inspectors[AMENDED]

158:60-5-5. Continuing education courses [AMENDED]

AUTHORITY:

Construction Industries Board; 59 O.S. § 1000.4

DATES:

Comment period:

December 15, 2005 through January 16, 2006

Public Hearing:

February 8, 2006

Adoption:

February 8, 2006

Submitted to Governor:

February 17, 2006

Submitted to House:

February 17, 2006

Submitted to Senate:

February 17, 2006

Gubernatorial approval:

March 29, 2006

Legislative approval:

Failure of the legislature to disapprove resulted in approval on April 18, 2006.

Final adoption:

April 18, 2006

Effective:

May 25, 2006

SUPERSEDED EMERGENCY ACTIONS:

n/a


INCORPORATIONS BY REFERENCE:

n/a


ANALYSIS:

The rule eliminates obsolete organizations. The rule change in 158:60-5-5 no longer requires the social security number on sign-in sheets in the continuing education classes.

CONTACT PERSON:

Jeanne Britt, Rules Liaison, Construction Industries Board, 2401 N.W. 23, Suite 5, Oklahoma City, OK 73107; telephone:(405) 271-2771; facsimile: (405) 271-5254; electronic mail: jeanneb@cib.state.ok.us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A) WITH AN EFFECTIVE DATE OF MAY 25, 2006:

SUBCHAPTER 1.  General Provisions

158:60-1-2.  Definitions

     The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:



"Act" means the Oklahoma Inspectors Act as found at 59 O.S.§ 1031 et seq.

"Administrator" means the Administrator of the Board as described in the Construction Industries Board Act found at 59 O.S. § 1000.1 et seq.

"Board" means the Construction Industries Board.

"BOCA" means the Building Officials and Code Administrators International, Inc., a nationally recognized code organization that publishes codes as standards for governing building, mechanical and plumbing installations and that certifies inspectors in various categories in the building and construction trades.

"Certification" means approval by a certifying entity demonstrating that an applicant has passed an appropriate certification examination.

"C.E.U." means a continuing education unit that is either one (1) clock hour of Committee approved instruction or its equivalent as determined by the Committee.

"Committee" means the Oklahoma Inspector Examiners Committee.

"IAPMO" means the International Association of Plumbing and Mechanical Officials, a nationally recognized code organization that publishes a code for governing plumbing installations and that certifies inspectors in the plumbing trade.

"ICBO" means the International Conference of Building Officials, a nationally recognized code organization that publishes codes as standards for governing building and mechanical installations and that certifies inspectors in various categories in the building and construction trades.

"ICC" means International Code Council, a nationally recognized code organization that publishes codes as standards for governing building and mechanical installations and that certifies inspectors in various categories in the building and construction trades.

"OCIB EXAM" means an examination prepared by the Committee.

"Provisional license" means a license issued for not more than two years to a person who has made proper application but does not meet all licensing requirements.

"Residential" means the classification of inspector license, which authorizes an individual to conduct electrical, mechanical, plumbing or building inspections of only those structures designated as use group R3 or R4 in the most current adopted National Building Code.

"SBCCI" means the Southern Building Code Congress International, a nationally recognized code organization that publishes codes as standards for governing building, mechanical and plumbing installations and that certifies inspectors in various categories in the building and construction trades.

"Unlimited" means the classification of inspector license which authorizes an individual to conduct electrical, mechanical, plumbing or building inspections of all structures or installations.

SUBCHAPTER 5.  Categories and Classifications of Inspector Licenses, Qualifications for Inspector Licensure, License Requirements for Inspectors, Fees, Certification and Continuing Education for Inspectors, and Continuing Education Courses

158:60-5-2.  Qualifications for inspector licensure

(a)    Initial application must be made on the form provided by the Administrator.

(b)    The proper fees must accompany any application, including the late fee if application for renewal is made within one year after expiration of the initial license.

(c)    The applicant must submit as soon as is practicable after application is made:

(1)    proof of certification by a national code organization recognized by the Committee, such as BOCA, ICC, IAPMO, ICBO, or SBCCI;

(2)    proof of certification by the Committee that the person has passed the Oklahoma Inspector Examination; or

(3)    proof that the required C.E.U.'s have been completed.

(d)    Section 158:60-3-4 sets forth the licensing qualifications for the license categories and classifications provided in 158:60-3-1. However, no person shall be required to meet the continuing education requirements for the licensing year the certification requirements of 158:60-3-2(c)1 or 2 are met.

(e)    A provisional license is issued to allow a person to work as an inspector even though all the license qualifications have not been met. This provisional license will provide the licensee with adequate time and motivation to become educated and meet all licensure requirements within two years after being issued the provisional license. No person shall be issued more than one provisional license at a time, nor shall a provisional license be issued twice for the same category. The initial fee for the provisional license shall be $35.00.

(f)    The Administrator shall maintain a list of inactive inspectors, said list shall be made available on request to any political subdivision who may need the services of a licensed inspector.

158:60-5-4.  Fees, certification and continuing education for inspectors

(a)    Fees, certification and continuing education requirements for inspectors are as follows:

(1)    Building inspectors (both unlimited and residential licenses):

(A)    $35.00 Fee for license and renewal;

(B)    $70.00 Late fee; and

(C)    Certification or exam - BOCA, ICC, ICBO, SBCCI, or Construction Industries Inspector's Exam.

(D)    C.E.U. - 5 (effective for license year beginning July 1, 1995).

(2)    Electrical inspectors (both unlimited and residential licenses):

(A)    $35.00 Fee for license and renewal;

(B)    $70.00 Late fees for renewal license; and

(C)    Certification or exam - BOCA, ICC, ICBO, SBCCI, or Construction Industries Inspector's Exam.

(D)    C.E.U. - 5 (effective for license year beginning July 1, 1995).

(3)    Mechanical inspectors (both unlimited and residential licenses):

(A)    $35.00 Fee for license and renewal;

(B)    $70.00 late fees for renewal license; and

(C)    Certification or exam - BOCA, ICC, ICBO, SBCCI, or Construction Industries Inspector's Exam.

(D)    C.E.U. - 5 (effective for license year beginning July 1, 1995).

(4)    Plumbing inspectors (both unlimited and residential licenses):

(A)    $35.00 Fee for license and renewal;

(B)    $70.00 late fees for renewal license; and

(C)    Certification or exam - BOCA, ICC, ICBO, SBCCI, or Construction Industries Inspector's Exam.

(D)    C.E.U. - 5 (effective for license year beginning July 1, 1995).

158:60-5-5.  Continuing education courses

(a)     Continuing education course approval. Any entity which desires to sponsor education to licensees in compliance with the continuing education requirements of OAR 158:60-5-4 shall file an application for approval on the form prescribed by the Department. The application shall include a list of the course instructors and their qualifications, an agenda detailing the material to be presented, the location of the training, the program objectives, and the number of clock hours of classroom and supervised instruction. Licensees shall not receive continuing education credit for attending classes that are not approved by the Committee. After completion of the course, the entity shall submit sign-in sheets for all sessions. The sign-in sheets shall include the signature and social security number or state inspector license number of each person in attendance. The entity shall verify the total number of continuing education hours completed by each attendee. All programs shall be presented as submitted unless changes have been approved. Changes to the program shall be submitted to the Department within 10 days of the training session for review by the committee. Failure to obtain approval of changes may result in loss of CEU approval.

(b)     Approval requirements for continuing education. All continuing education providers shall abide by the following requirements:

(1)    All material and information presented shall pertain to the discipline in which the person is licensed.

(2)    All courses must be of at least two (2) hours in length.

(3)    The training location must be outside the regular work place or after hours.

(4)    Each attendee shall complete an evaluation on a form provided by the Department. The entity shall return the completed evaluation form to the Department.



[OAR Docket #06-690; filed 4-18-06]


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