HB1818 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1818 By: Dempsey and McBride of the
House
and
Montgomery of the Senate
AS INTRODUCED
An Act relating to professions a nd occupations;
amending 59 O.S. 2011, 1000.2, as last amended by
Section 5, Chapter 116, O.S.L. 2020, 1000.3, as
amended by Section 3, Chapter 332, O.S.L. 2013,
1000.4, as last amended by Section 4, Chapter 332,
O.S.L. 2013 and 1000.6 (59 O.S. Supp. 2020, Sections
1000.2, 1000.3 and 1000.4), which relate to the
Construction Industries Board Act; authorizing Board
to administer the Oklahoma Uniform Building Code
Commission Act; modifying powers and duties of the
Board; clarifying language; amending 59 O.S. 2011,
Sections 1000.21, as amended by Section 2, Chapter
223, O.S.L. 2014, 1000.22, 1000.23, as amended by
Section 3, Chapter 223, O.S.L. 2014, 1000.24,
1000.25, as last amended by Section 4, Chapter 223,
O.S.L. 2014 and 1000.28, as amended by Section 273,
Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2020,
Sections 1000.21, 1000.23, 1000.25 and 1000.28),
which relate to the Oklahoma Uniform Building Code
Commission Act; authorizing Construction Industries
Board to administer the Oklahoma Uniform Building
Code Commission Act; modifying powers and duties of
the Oklahoma Uniform Building Code Commission;
providing for administrative services; authorizing
Commission to recommend system of fees; providing for
payment of certain fees collected; repealing 59 O.S.
2011, Sections 1000.26 and 1000.27, which relate to
the Chief Executive Officer and legal advisor to the
HB1818 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Oklahoma Uniform Building Code Commission; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 1000.2, as
last amended by Section 5, Chapter 116, O.S.L. 2020 (59 O.S. Supp.
2020, Section 1000.2), is amended to read as follows:
Section 1000.2 A. The Construction Industries Board is hereby
re-created to continue until July 1, 2023, in accordance with the
provisions of the Oklahoma Sunset Law. The Board shall regulate the
plumbing, electrical and mechanical trades, the building and
construction inspectors, home inspectors, and the roofing
contractors and implement and administer the Oklahoma Uniform
Building Code Commission Act through the powers and duties set forth
in the Construction Industries Board Act and in the respective
licensing or registration acts for such trades, or as otherwise
provided by law.
B. 1. Beginning July 1, 2013, the Board shall be composed of
seven (7) members appointed by the Governor with the advice and
consent of the Senate, as follows:
a. two members shall have at least ten (10) years '
experience in the plumbing trade , of which one shall
be a plumbing contractor and one shall be a journeyman
plumber,
HB1818 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. two members shall have at least ten (10) years '
experience in the electrical trade, of which one shall
be an electrical contractor and one shall be a
journeyman electrician,
c. two members shall have at least ten (10) years '
experience in the mechanical trade, of which one shall
be a mechanical contractor and one shall be a
mechanical journeyman, and
d. one member shall have at least ten (10) years '
experience as a build ing and construction inspector.
2. Members shall be appointed for staggered terms of four (4)
years, as designated by the Governor. Members shall continue in
office until a successor is appointed by the Governor. The Governor
shall fill all vacancies an d unexpired terms in the same manner as
the original appointment of the member whose position is to be
filled. A member may be removed by the Governor at any time.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 1000.3, as
amended by Section 3, Chapter 332, O.S.L. 2013 (59 O.S. Supp. 2020,
Section 1000.3), is amended to read as follows:
Section 1000.3 A. 1. The Construction Industries Board shall
organize on by September 1 each year, by electing from among its
members a chair and a vice-chair. The Board shall hold regularly
scheduled meetings at least once each quarter at a time and place
determined by the Board and may hold special meetings, emergency
HB1818 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
meetings, or continued or reconvened meetings as found by the Board
to be necessary. A majority of the members of the Board shall
constitute a quorum for the transaction of business.
2. The chair shall preside at meetings of the Board, set the
agenda, sign orders and other required documents, coordinate Board
activities, and perform such other duties as may be prescribed by
the Board or authorized by law.
3. The vice-chair shall perform the duties of the chair during
the absence or disability of the chair and shall perform such other
duties as may be prescribed by the Board or autho rized by law.
4. The Construction Industries Board Administrator, at the
discretion of the Board , shall:
a. keep a record of all proceedings of the Board and
certify to actions of the Board,
b. oversee the receipt and deposit of all monies received
by the Board in the appropriate revolving funds,
c. submit, at the first regular meeting of the Board
after the end of each fiscal year, a full itemized
report of the receipts and disbursements for the prior
fiscal year, showing the amount of funds on hand, and
d. perform such other duties as are prescribed in the
Construction Industries Board Act or as may be
prescribed by the Board or required by law.
HB1818 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The Board shall act in accordance with the provisions of the
Oklahoma Open Meeting Act, the Oklahoma Open R ecords Act, and the
Administrative Procedures Act.
C. All members of the Board and such employees as determined by
the Board shall be bonded as required by Sections 85.26 85.58Q
through 85.31 85.58V of Title 74 of the Oklahoma Statutes.
D. The liability of any member or employee of the Board acting
within the scope of Board duties or employment shall be governed by
The Governmental Tort Claims Act.
E. Members of the Board shall serve without compensation but
shall be reimbursed for all actual and necessa ry expenses incurred
in the performance of their duties in accordance with the State
Travel Reimbursement Act.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 1000.4, as
last amended by Section 4, Chapter 332, O.S.L. 2013 (59 O.S. Sup p.
2020, Section 1000.4), is amended to read as follows:
Section 1000.4 A. 1. Pursuant to and in compliance with
Article I of the Administrative Procedures Act, the Construction
Industries Board shall have the power to adopt, amend, repeal , and
promulgate rules as may be necessary to regulate the plumbing,
electrical, and mechanical and roofing trades, building and
construction inspectors , and home inspectors, and implement and
administer the Oklahoma Uniform Building Code Commission Act . All
rules promulgated by the Board shall be reviewed and approved as
HB1818 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided in subsection F of Section 308 of Title 75 of the Oklahoma
Statutes Article I of the Administrative Procedures Act and the
Construction Industries Board Act .
2. The Board shall have the power to enforce the provisions of
the Construction Industries Board Act, The Plumbing License Law of
1955, the Oklahoma Inspectors Act, the Electrical License Act, the
Mechanical Licensing Act, the Home Inspection Licensing Act, the
Oklahoma Uniform Building C ode Commission Act and the Roofing
Contractor Registration Act, as provided in the respective acts.
B. The Board shall have the following powers:
1. Exercise all incidental powers and duties which are
necessary to effectuate the provisions of The Plumbin g License Law
of 1955, the Oklahoma Inspectors Act, the Electrical License Act,
the Mechanical Licensing Act, and the Oklahoma Uniform Building Code
Commission Act, the Home Inspection Licensing Act and the Roofing
Contractor Registration Act, including, b ut not limited to,
performing inspections of licenses, registrations, endorsements and
construction sites for compliance with statewide adopted building
codes applicable to the trades licensed by the Board ;
2. Serve as a code variance and appeals board fo r the trades
and industries it regulates which do not have statutory code
variance and appeals boards;
3. Order or subpoena the attendance of witnesses, the
inspection of records and premises, and the production of relevant
HB1818 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
books and papers for the invest igation of matters that may come
before the Board;
4. Initiate disciplinary proceedings, request prosecution of
and initiate injunctive proceedings against any person who violates
any of the provisions of The Plumbing License Law of 1955, the
Oklahoma Inspectors Act, the Electrical License Act, the Mechanical
Licensing Act, and the Home Inspection Licensing Act and the Roofing
Contractor Registration Act ;
5. Maintain an administrative staff including, but not limited
to, a Construction Industries Board Administrator whose appointment
shall be made as provided in Section 1000.6 of this title;
6. Establish and levy administrative fines for violations of
law or rule in the trades and industries the Board licenses or
regulates or against any person or entity denying the Board or its
representatives access to a job site for purposes of enforcing any
of the provisions of The Plumbing License Law of 1955, the Oklahoma
Inspectors Act, the Electrical License Act, and the Mechanical
Licensing Act, or the Home Inspection Licensing Act and the Roofing
Contractor Registration Act; provided, however, the Board is not
authorized to inspect or issue administrative violations or fines
for public utilities, public service corporations, intrastate gas
pipeline companies, gas gathering pipeline companies, gas processing
companies, rural electric associations, municipal utilities or their
subsidiaries, chemical plants, gas processing plants or petroleum
HB1818 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
refineries where the entity uses their employees or contractors to
work on their own facilities or equipment;
7. Direct such other expenditures as may be necessary in the
performance of its duties including, but not limited to,
expenditures for office space, equipment, furnishings and contracts
for legal services. All expenditur es shall be made pursuant to the
Oklahoma Central Purchasing Act; and
8. Enforce provisions of the plumbing, electrical and
mechanical codes as adopted by the Oklahoma Uniform Building Code
Commission pursuant to the Oklahoma Uniform Building Code Commiss ion
Act.
C. The Board shall account for all receipts and expenditures of
the monies of the Board, including annually preparing and publishing
a statement of receipts and expenditures of the Board for each
fiscal year. The Board 's annual statement of rece ipts and
expenditures shall be audited by the State Auditor and Inspector or
an independent accounting firm in accordance with the provisions of
subsection B of Section 212 of Title 74 of the Oklahoma Statutes,
and the audit report shall be certified to th e Governor of this
state to be true and correct, under oath, by the chair and vice -
chair of the Board. A copy of such certified report shall be
delivered to the chairs of the respective Senate and House of
Representatives Committees having authority over matters relating to
business, labor and construction industry licensing or regulation
HB1818 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not later than February 1 each year if it is not otherwise available
electronically on the website of the State Auditor and Inspector .
D. The Board shall account for all fines, penalties and fees
assessed and collected pursuant to the Administrative Procedures Act
or any rule promulgated for regulation of any industry and trade
under the authority of the Construction Industries Board. All
fines, penalties and fees assess ed for any violation of law or rule
shall be automatically reviewed and brought before the entire Board
for consideration and vote not later than the last day of the
monthly quarter in which ninety (90) days from the date it was
imposed. The Construction Industries Board Administrator shall
present to the Board a written recommendation and summary for each
case in which an assessment of a fine, penalty or fee was imposed
after administrative proceedings. The Board shall consider the
recommendations for ea ch case at the next meeting date and at such
meeting shall either vote to affirm the recommendations or vote to
deny the recommendations and remand the case for further
administrative hearing, with or without instructions. No
administrative case shall be delayed or continued by the Board after
being placed on an agenda for final Board review, except with the
consent of all parties. The licensee or persons affected by the
imposition of an administrative fine, penalty or fee on final review
by the Board shall have all rights of appeal preserved pursuant to
the Administrative Procedures Act until final action by the Board.
HB1818 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. The Construction Industries Board shall hear all appeals
timely made from an administrative ruling relating to an industry
and trade regulated by the Board; however, this appeal authority
shall not be in addition to the appeal process authorized by the
Administrative Procedures Act. Any final order ruling by the Board
from an administrative hearing may be further appealed as authorized
by the Administrative Procedures Act. Any appeal to a district
court shall be to the district court District Court of Oklahoma
County. The district court, upon conclusion of an appeal from a
Board ruling, shall be authorized to award reasonable legal fee s to
the prevailing party.
SECTION 4. AMENDATORY 59 O.S. 2011, Section 1000.6, is
amended to read as follows:
Section 1000.6 A. No later than January 1, 2002, and
thereafter, each time the position becomes vacant, the Constructi on
Industries Board shall hire a Construction Industries Board
Administrator. The Construction Industries Board may, upon a
majority vote, terminate the employment of the Construction
Industries Board Administrator.
B. The Construction Industries Board Administrator shall assist
the Construction Industries Board in the performance of its duties
and shall report directly to the Board.
HB1818 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 5. AMENDATORY 59 O.S. 2011, Section 1000.21, as
amended by Section 2, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020 ,
Section 1000.21), is amended to read as follows:
Section 1000.21 A. 1. There is hereby created the Oklahoma
Uniform Building Code Commission within the Construction Industries
Board which. The Construction Industries Board is authorized to
administer the Oklahoma Uniform Building Code Commission Act and
exercise all incidental powers necessary and proper to implement and
enforce the provisions of the Oklahoma Uniform Building Code
Commission Act and the rules promulgated there to. The Oklahoma
Uniform Building Code Commission shall consist of eleven (11)
members, nine of whom shall be appointed by the Governor with the
advice and consent of the Senate as follows:
a. one member who is a general contractor from a
statewide organization that represents residential
construction,
b. one member who is a general contractor from a
statewide organization that represents commercial
construction,
c. one member who is a contractor from a statewide
organization that represents electrical con tractors,
d. one member who is a contractor from a statewide
organization that represents plumbing contractors,
HB1818 HFLR Page 12
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
e. one member who is a contractor from a statewide
organization that represents heating and cooling
contractors,
f. one member who is a local -level regulator/inspector
who is a member of a statewide organization that is
exempt from taxation under federal law and designated
pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 170(a), who has represented
municipalities and had statutory functions for
municipalities for at least fifteen (15) years prior
to November 1, 2005,
g. one member who is a Certified Building Official
employed by a political subdivision,
h. one member who is a licensed architect from a
statewide organizati on that represents architects, and
i. one member who is from the insurance industry with
knowledge of building codes and experience in property
loss mitigation.
2. The members shall be appointed for staggered terms of four
(4) years, beginning July 1, 200 9. A full term of office for
purposes of determining term limits provided in subsection C of this
section shall be the completion of a full four -year term of
appointment.
HB1818 HFLR Page 13
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The remaining two members of the Commission shall be the
State Fire Marshal, or a designee, and an appointee of the
Construction Industries Board.
C. Appointed members shall continue in office until a successor
is appointed by the Governor, notwithstanding the term limitations.
No appointed member shall serve more than two consecuti ve full four-
year terms; provided, such a member shall be eligible to serve until
a successor is appointed, and such member may be reappointed after a
two-year absence from the Commission. The Governor shall fill all
vacancies and unexpired terms in the s ame manner as the original
appointment of the member whose position is to be filled. No
initial appointment to a term of less than four (4) years or any
partial-term appointment to fill a vacancy or unexpired term of
another member shall be counted for pu rposes of determining term
limits. An appointed member may be removed by the Governor for
cause.
D. Whenever a member of the Commission is absent from more than
one-half (1/2) of all meetings of the governing body, regular and
special, held within any pe riod of twelve (12) consecutive months,
the member shall thereupon cease to hold office by operation of law.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 1000.22, is
amended to read as follows:
Section 1000.22 1. A. The Oklahoma Uniform Building Code
Commission shall organize immediately after July 1, 2009, and
HB1818 HFLR Page 14
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
annually thereafter, by electing annually elect from among its
members a chair and a vice -chair. The Commission shall hold
regularly scheduled meetings at least once each quarter at a time
and place determined by the Commission and may hold such special
meetings, emergency meetings or continued or reconvened meetings as
found by the Commission to be necessary. A majority of the members
of the Commission shall constitute a quorum for the transaction of
business.
2. B. The chair shall preside at meetings of the Commission,
set the agenda, sign orders and other required documents, coordinate
Commission activities and perform such other duties as may be
prescribed by the Oklahoma Uniform Building Code Commission Act.
3. C. The vice-chair shall perform the duties of the chair
during the absence or disability of the chair and shall perform such
other duties as may be prescribed by the Commission.
4. The Oklahoma Uniform Buildin g Code Commission Chief
Executive Officer, at the discretion of the Commission, shall:
a. keep a record of all proceedings of the Commission and
certify to actions of the Commission,
b. oversee the receipt and deposit of all monies received
by the Commission in the appropriate revolving funds,
c. submit, at the first regular meeting of the Commission
after the end of each fiscal year, a fully itemized
HB1818 HFLR Page 15
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
report of the receipts and disbursements for the prior
fiscal year, showing the amount of funds on hand, an d
d. perform such other duties as are prescribed in this
act or as may be prescribed by the Commission.
5. The Commission shall comply with the provisions of the
Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the
Administrative Procedures Ac t.
6. D. All members of the Commission and such employees as
determined by the Commission shall be bonded as required by Sections
85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
Statutes.
7. E. The liability of any member or employee of the Commission
acting within the scope of Commission duties or employment shall be
governed by The Governmental Tort Claims Act.
8. F. Members of the Oklahoma Uniform Building Code Commission
and members of all technical committees shall serve without
compensation, but shall be reimbursed for all actual and necessary
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
SECTION 7. AMENDATORY 59 O.S. 2011, Section 1000.23, as
amended by Section 3, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020 ,
Section 1000.23), is amended to read as follows:
Section 1000.23 A. The Oklahoma Uniform Building Code
Commission shall have the power and the duty to review and adopt
HB1818 HFLR Page 16
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
prescribe standards and practices pursuant to this act by reviewing
and adopting all building codes for residential and commercial
construction to be used by all entities within this state. Codes
and standards adopted by the Commission shall be the minimum
standards for residen tial and commercial construction in this state.
B. All public projects shall abide by such minimum standards
and requirements; provided, nothing in the Oklahoma Uniform Building
Code Commission Act shall prevent or take away from state agencies
the authority to enact and enforce requirements containing higher
standards and requirements than such minimum standards and
requirements.
C. Municipalities and other political subdivisions shall abide
by such minimum standards and requirements; provided, nothing i n the
Oklahoma Uniform Building Code Commission Act shall prevent or take
away from such municipalities and other political subdivisions the
authority to enact and enforce requirements containing higher
standards and requirements than such minimum standard s and
requirements.
D. The Oklahoma Uniform Building Code Commission shall have the
power and duty to establish a training and certification process for
all residential and commercial building code inspectors that
prescribes standards, practices and proce dures for prelicensing
inspector training and other inspector training that enhances the
education of building and construction inspectors; provided , the
HB1818 HFLR Page 17
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
training does not infringe upon the education requirements and
processes under the Oklahoma Inspectors Act. Prelicensing programs
prescribing the standards, practices and procedures for prelicensing
building inspectors for use by other state agencies and other
education providers, both public and private, may be developed
through the use of a technical co mmittee that develops any program
or curriculum, and recommends to the Construction Industries Board
proposed administrative rules setting forth any standards and
procedures to be adopted pursuant to paragraph 1 of subsection A of
Section 1000.24 of this t itle. The Commission shall establish
regional prelicensing training on a regional basis for the purpose
of training the county and municipal inspectors in the Uniform
Building Code statewide building codes adopted pursuant to this act .
The regional training shall be offered at no cost to the participant
building and construction inspector trainee and shall be funded from
the funds received pursuant to Section 1000.25 of this title. Each
inspector operating in this state on behalf of any state agency or
any municipal or county office may complete participate in regional
training and be issued a certification for inspections by the
Uniform Building Code Commission on and after January 1, 2015
certificate of completion for any training program established
pursuant to this act; however, any certificate of completion is
subject to the continuing education approval process of the
licensing entity. The training and certification applications
HB1818 HFLR Page 18
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
standards, qualifications and application procedures for the
instructor, provider, if a nonstate governmental entity, and the
inspector trainee applications shall be promulgated by
administrative rules of the Commission Board. The Commission may
establish forms Forms and procedures may be established to implement
and administer the provisions of this section.
SECTION 8. AMENDATORY 59 O.S. 2011, Section 1000.24, is
amended to read as follows:
Section 1000.24 A. 1. Beginning July 1, 2009, pursuant
Pursuant to and in compliance with Article I of the Administrative
Procedures Act, the Oklahoma Uniform Building Code Commission
Construction Industries Board shall have the power to adopt, amend,
repeal and promulgate rules as may be necessary to perform the
duties required under the Oklahoma Uniform Build ing Code Commission
Act; provided that all rules pertaining to adoption of statewide
building codes proposed after technical review and for the purpose
of revising and adopting the statewide building codes pursuant to
this act shall not be changed or alter ed by the Construction
Industries Board, so that the Oklahoma Uniform Building Code
Commission retains and has the full, unaltered authority to review,
revise and adopt the statewide building codes , with any
administrative services needed in the administra tive rules process
to be provided by administrative staff of the Construction
HB1818 HFLR Page 19
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Industries Board. Rules authorized under this section shall not
become effective prior to October 1, 2009.
2. Beginning October 1, 2009, the Commission shall have the
power to enforce the provisions of the Oklahoma Uniform Building
Code Commission Act.
3. Any codes adopted by state agencies, municipalities or other
political subdivisions of the state prior to uniform codes being
adopted by the Oklahoma Uniform Building Code Com mission, pursuant
to the provisions of, or rules promulgated pursuant to, the Oklahoma
Uniform Building Code Commission Act, shall be considered valid and
in effect until uniform codes are adopted by the Oklahoma Uniform
Building Code Commission.
B. The Oklahoma Uniform Building Code Commission shall have the
following powers:
1. Exercise all incidental powers and duties which are
necessary to effectuate the provisions of the Oklahoma Uniform
Building Code Commission Act;
2. Adopt and have an official se al;
3. Maintain an administrative staff, including, but not limited
to, an Oklahoma Uniform Building Code Commission Chief Executive
Officer;
4. Direct such other expenditures as may be necessary in the
performance of its duties, including, but not limit ed to,
expenditures for office space, equipment, furnishings and contracts
HB1818 HFLR Page 20
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for services. All expenditures shall be made pursuant to the
Oklahoma Central Purchasing Act;
5. 2. Appoint technical committees to review and recommend for
adoption all building codes. The technical committees shall review
and recommend building codes with any amendments for adoption by the
Commission, receive requests for advisory opinions for
interpretation of any statewide building code adopted pursuant to
this act, evaluate t he requests for appropriateness of need for an
advisory opinion, assign any requests to the appropriate technical
committee requesting participation from entities responsible for the
enforcement of any code involved in the request providing deference
to an entity's previous interpretation and, upon recommendation of a
technical committee, issue advisory opinions interpreting the
adopted statewide code ; and
6. 3. Create a website listing all building codes adopted by
the Commission and any advisory opinions issued. The website shall
provide a method for listing all codes adopted by a state agency,
city or any other political subdivision of the state containing
higher standards and requirements than the codes adopted pursuant to
the Oklahoma Uniform Building Code Commission Act as required in
Section 14-107 of Title 11 of the Oklahoma Statutes.
C. After October 1, 2009, the Commission The Construction
Industries Board shall account for all receipts and expenditures of
the monies of the Commission, including annually preparing and
HB1818 HFLR Page 21
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
publishing a statement of receipts and expenditures of the
Commission for each fiscal year. The Commission 's annual statement
of receipts and expenditures shall be audited by the State Auditor
and Inspector or an independent account ing firm, and the audit
report shall be certified to the Governor of this state to be true
and correct, under oath, by the chair and vice -chair of the
Commission Construction Industries Board .
SECTION 9. AMENDATORY 59 O.S. 2011, S ection 1000.25, as
last amended by Section 4, Chapter 223, O.S.L. 2014 (59 O.S. Supp.
2020, Section 1000.25), is amended to read as follows:
Section 1000.25 A. The Oklahoma Uniform Building Code
Commission shall establish recommend to the Construction In dustries
Board a system of fees to be charged for the issuance and renewal of
any construction permits issued by any agency, municipality, or
other political subdivision of this state.
B. This provision is subject to the following limitations:
1. No schedule of fees may be established or amended by the
Commission Board except during such times as the Legislature is in
session; provided, the Commission Board may establish or amend a
schedule of fees at a time when the Legislature is not in session if
the fees or schedule of fees has been specifically authorized by the
Legislature pursuant to paragraphs 2 and 3 of this subsection. The
Commission must Board shall follow the procedures required by
HB1818 HFLR Page 22
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Article I of the Administrative Procedures Act for adoption of rules
in establishing or amending any such schedule of fees;
2. The Commission Board shall charge fees for building permits
and renewal of such permits issued by any state agency,
municipality, or other political subdivision of this state which
authorized work governed by codes within the purview of the
Commission Board only within the following ranges:
For issuance of permit not to exceed $5.00 $4.00
For renewal of permit not to exceed $5.00
Fees shall be remitted to the Oklahoma Uniform Building Code
Commission Revolving Fund created pursuant to Section 1000.28 of
this title within thirty (30) days after the end of the preceding
calendar month. The Oklahoma Uniform Building Code Commission shall
report to the Governor, President Pro Tempore of the Senat e and the
Speaker of the House semiannually its collections for the six (6)
months preceding the report;
3. Fees shall be collected by any state agency, municipality or
other political subdivision issuing construction permits within this
state. The fees shall be deposited in an account created by the
collecting entity for that purpose;
4. The state agency, municipality or other political
subdivision shall remit the monies in the account on a monthly basis
directly to the State Treasury for deposit in the Oklahoma Uniform
Building Code Commission Revolving Fund created pursuant to Section
HB1818 HFLR Page 23
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1000.28 of this title. Along with the deposits required by this
paragraph, each state agency, municipality or other political
subdivision shall also submit a report stat ing the total amount of
funds collected and the total number of fees imposed during the
preceding month. The report shall be made on computerized or manual
disposition reports as provided by rule of the Commission rules
promulgated pursuant to paragraph 1 of subsection A of Section
1000.24 of this title ;
5. Any state agency, municipality or other political
subdivision collecting and remitting fees pursuant to this section
may levy a fee up to fifty cents ($0.50) for every construction
permit or renewal pe rmit issued. These monies shall be deposited
into an account for the sole use of the state agency, municipality
or other political subdivision. The state agency, municipality or
other political subdivision shall state the total amount of funds
collected and the total number of fees imposed to the State Treasury
in the report required by paragraph 4 of this subsection;
6. It shall be the responsibility of the state agency,
municipality or other political subdivision to account for and
ensure the correctne ss and accuracy of payments made to the State
Treasury pursuant to this title;
7. Funds collected by a state agency, municipality or other
political subdivision and remitted to the State Treasury pursuant to
the Oklahoma Uniform Building Code Commission A ct shall be deposited
HB1818 HFLR Page 24
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
in the Oklahoma Uniform Building Code Commission Revolving Fund and
shall be used solely for the purposes of the Oklahoma Uniform
Building Code Commission Act ; provided that of the gross permit fees
charged, collected and received, te n percent (10%) shall be paid
into the General Revenue Fund of the state ; and
8. Nothing in this act shall prevent the Oklahoma Uniform
Building Code Commission from offering incentives for prompt
payment.
SECTION 10. AMENDATORY 5 9 O.S. 2011, Section 1000.28, as
amended by Section 273, Chapter 304, O.S.L. 2012 (59 O.S. Supp.
2020, Section 1000.28), is amended to read as follows:
Section 1000.28 There is hereby created in the State Treasury a
revolving fund for the Oklahoma Uniform Building Code Commission to
be designated the Oklahoma Uniform Building Code Commission
Revolving Fund. The fund shall be a continuous fund, not subject to
fiscal year limitations, and shall consist of all fees or payments
of any type received by the Commission Construction Industries Board
for the purposes outlined in the provisions of the Oklahoma Uniform
Building Code Commission Act . All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Commission Board for the purpose of implementing and
administering the Oklahoma Uniform Building Code Commission Act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
HB1818 HFLR Page 25
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 11. REPEALER 59 O.S. 2011, Sections 1000.26 and
1000.27, are hereby repealed.
SECTION 12. This act shall become effective November 1 , 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/24/2021 - DO PASS, As Coauthored.