Ohio HVAC & Mechanical Licensing Law

Ohio Code · 9 sections

The following is the full text of Ohio’s hvac & mechanical licensing law statutes as published in the Ohio Code. For the official version, see the Ohio Legislature.

ORC § 4740.01

| Construction industry licensing board definitions.   Effective: September 17, 2014 Latest Legislation: Senate Bill 78 - 130th General Assembly PDF: Download Authenticated PDF   As used in this chapter: (A) "License" means a license the Ohio construction industry licensing board issues to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor. (B) "Contractor" means any individual or contracting company that satisfies both of the following: (1) Has responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance on a construction project with respect to one or more trades and who offers, identifies, advertises, or otherwise holds out or represents that the individual or contracting company is permitted or qualified to perform or have responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance with respect to one or more trades on a construction project; (2) Does either of the following: (a) Performs construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trade; (b) Employs tradespersons who perform construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trades. (C) "Contracting company" means a company in the construction industry working on construction projects. (D) "Licensed trade" means a trade performed by a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor. (E) "Tradesperson" means any individual who is employed by a contractor and who engages in construction, improvement, renovation, repair, or maintenance of buildings or structures without assuming responsibility for the means, method, or manner of that construction, improvement, renovation, repair, or maintenance. (F) "Construction project" means a construction project involving a building or structure subject to Chapter 3781. of the Revised Code and the rules adopted under that chapter, but not an industrialized unit or a residential building as defined in section 3781.06 of the Revised Code. (G) "Training agency" means an entity approved by the administrative section of the board to provide continuing education courses. Section

Ohio Rev. Code § 4740.01

As used in this chapter:

(A) "License" means a license the Ohio construction industry licensing board issues to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor.

(B) "Contractor" means any individual or contracting company that satisfies both of the following:

(1) Has responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance on a construction project with respect to one or more trades and who offers, identifies, advertises, or otherwise holds out or represents that the individual or contracting company is permitted or qualified to perform or have responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance with respect to one or more trades on a construction project;

(2) Does either of the following:

(a) Performs construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trade;

(b) Employs tradespersons who perform construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trades.

(C) "Contracting company" means a company in the construction industry working on construction projects.

(D) "Licensed trade" means a trade performed by a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor.

(E) "Tradesperson" means any individual who is employed by a contractor and who engages in construction, improvement, renovation, repair, or maintenance of buildings or structures without assuming responsibility for the means, method, or manner of that construction, improvement, renovation, repair, or maintenance.

(F) "Construction project" means a construction project involving a building or structure subject to Chapter 3781 of the Revised Code and the rules adopted under that chapter, but not an industrialized unit or a residential building as defined in section 3781.06 of the Revised Code.

(G) "Training agency" means an entity approved by the administrative section of the board to provide continuing education courses.

ORC § 4740.02

| Ohio construction industry licensing board.   Effective: September 17, 2014 Latest Legislation: Senate Bill 78 - 130th General Assembly PDF: Download Authenticated PDF   (A) There is hereby created within the department of commerce, the Ohio construction industry licensing board, consisting of seventeen residents of this state. The board shall have an administrative section and three specialty sections: a plumbing and hydronics section, an electrical section, and a heating, ventilating, air conditioning, and refrigeration section. The director of commerce shall appoint all members of the board. The director or the director's designee shall serve as a member of the administrative section and the director shall appoint to the section to represent the public, one member who is not a member of any group certified by any section of the board. Each section, other than the administrative section, shall annually elect a member of its section to serve a one-year term on the administrative section. (B) The plumbing and hydronics section consists of five members, one of whom is a plumbing inspector employed by the department of commerce, a municipal corporation, or a health district, two of whom are plumbing contractors who have no affiliation with any union representing plumbers, and two of whom are plumbing contractors who are signatories to agreements with unions representing plumbers. The plumbing and hydronics section has primary responsibility for the licensure of plumbing contractors and hydronics contractors. (C) The electrical section consists of five members, one of whom is an electrical inspector employed by the department of commerce, a municipal corporation, or a county, two of whom are electrical contractors who have no affiliation with any union representing electricians, and two of whom are electrical contractors who are signatories to agreements with unions representing electricians. The electrical section has primary responsibility for the licensure of electrical contractors. (D) The heating, ventilating, air conditioning, and refrigeration section consists of five members, one of whom is a heating, ventilating, air conditioning, and refrigeration inspector employed by either the department of commerce or a municipal corporation; two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who have no affiliation with any union representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons; and two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who are signatories to agreements with unions representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons. The heating, ventilating, air conditioning, and refrigeration section has primary responsibility for the licensure of heating, ventilating, and air conditioning contractors and refrigeration contractors. (E) Within nin

Ohio Rev. Code § 4740.02

There is created within the department of commerce the Ohio construction industry licensing board, consisting of seventeen residents of this state. The board has an administrative section and three specialty sections: plumbing and hydronics, electrical, and heating, ventilating, air conditioning, and refrigeration. The director of commerce appoints all board members. The plumbing and hydronics section consists of five members including a plumbing inspector, two non-union plumbing contractors, and two union-affiliated plumbing contractors, with primary responsibility for licensure of plumbing and hydronics contractors. The electrical section consists of five members including an electrical inspector, two non-union electrical contractors, and two union-affiliated electrical contractors, with primary responsibility for licensure of electrical contractors. The heating, ventilating, air conditioning, and refrigeration section consists of five members including an inspector, two non-union contractors, and two union-affiliated contractors, with primary responsibility for licensure of these contractors. Initial appointments were made within ninety days after July 31, 1992. Terms of office are three years. Before taking office, each member takes the oath required by Section 7 of Article XV, Ohio Constitution. Members receive per diem and expenses for board duties. The director may remove any appointed member for malfeasance, misfeasance, or nonfeasance. Board membership does not constitute public office or employment. The board must provide adequate advance notice before meetings.

Ohio Rev. Code § 4740.04

The administrative section of the Ohio construction industry licensing board is responsible for the administration of this chapter and shall do all of the following:

(A) Schedule the contractor examinations each of the other sections of the board directs. Each type of examination shall be held at least four times per year.

(B) Select and contract with one or more persons to prepare, administer, score, and maintain the confidentiality of the examinations; be responsible for all the expenses required; charge an applicant a fee in an amount the administrative section of the board authorizes for administering the examination.

(C) Issue and renew licenses: issue a license to any individual who the appropriate specialty section of the board determines is qualified pursuant to section 4740.06 and has attained the required examination score. Each license shall include the contractor's name, license number, expiration date, and the name of the contracting company associated with the individual. Renew licenses for individuals who meet the renewal requirements of section 4740.06.

(D) Make an annual written report to the director of commerce on proceedings had by or before the board for the previous year and make an annual statement of all money received and expended by the board during the year.

(E) Keep a record containing the name, address, the date on which the board issues or renews a license to, and the license number of, every heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, and hydronics contractor issued a license pursuant to this chapter.

(F) Regulate a contractor's use and display of a license issued pursuant to this chapter and of any information contained in that license.

(G) Adopt rules in accordance with Chapter 119 as necessary to properly discharge the administrative section's duties under this chapter, including application procedures for examinations, specifications for continuing education requirements for license renewal, and requirements for criminal records checks.

(H) Adopt any continuing education curriculum as the other sections of the board establish or approve.

(I) Keep a record of its proceedings and do all things necessary to carry out this chapter.

Ohio Rev. Code § 4740.10

Division (A) authorizes specialty sections to suspend, revoke, or refuse licenses; require continuing education; or impose fines. Division (B) establishes grounds for discipline including convictions of moral turpitude, violations of chapter provisions or rules, obtaining licenses through fraud, misrepresentation in business conduct, unauthorized license transfers, allowing unlicensed use, non-compliance with prior disciplinary actions, and failure to maintain insurance. Division (B)(2) permits discipline upon notice that a governmental agency suspended or revoked an applicant's local license. Division (C) requires compliance with section 9.79 regarding conviction-based refusals. Division (D) directs refusal of licenses for exam cheating or failure. Division (E) allows imposition of discipline without hearing if the individual fails to request one within thirty days of notice.

ORC § 4740.12

| Local regulation - regulation by other state agencies.   Effective: March 30, 2007 Latest Legislation: House Bill 487 - 126th General Assembly PDF: Download Authenticated PDF   (A) No political subdivision, district, or agency of the state may adopt an ordinance or rule that requires contractor registration and the assessment of a registration or license fee unless that ordinance or rule also requires any contractor who registers and pays the registration or license fee to be licensed in the contractor's trade pursuant to this chapter. (B) Except as provided in division (A) of this section, nothing in this chapter shall be construed to limit the operation of any statute or rule of this state or any ordinance or rule of any political subdivision, district, or agency of the state that does either of the following: (1) Regulates the installation, repair, maintenance, or alteration of plumbing systems, hydronics systems, electrical systems, heating, ventilating, and air conditioning systems, or refrigeration systems; (2) Requires the registration and assessment of a registration or license fee of tradespersons who perform heating, ventilating, and air conditioning, refrigeration, electrical, plumbing, or hydronics construction, improvement, renovation, repair, or maintenance. Section

Ohio Rev. Code § 4740.12

Division (A) establishes that political subdivisions cannot require contractor registration and fees unless registrants are also licensed in their trade per this chapter. Division (B) preserves existing state and local regulations governing installation, repair, maintenance, or alteration of plumbing, hydronics, electrical, HVAC, and refrigeration systems, as well as registration requirements for tradespersons in these fields.

Ohio Rev. Code § 4764.03

Section 4764.02 does not apply to any person described as follows if the person is acting within the scope of practice of the person's respective profession: (A) A person employed by or whose services are retained by the state or a political subdivision for enforcing building codes; (B) A person holding a valid certificate to practice architecture issued under Chapter 4703; (C) A person registered as a professional engineer under Chapter 4733; (D) A heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor who is licensed under Chapter 4740 or section 3781.102 or who is licensed or registered under section 715.27; (E) A real estate broker, salesperson, foreign real estate dealer, or foreign real estate salesperson licensed under Chapter 4735; (F) A real estate appraiser licensed under Chapter 4763; (G) A public insurance adjuster who holds a valid certificate of authority issued under Chapter 3951 or an employee or representative of an insurer conducting an inspection for purposes related to the business of insurance; (H) A commercial applicator of pesticide licensed under Chapter 921.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)