Oklahoma 2022 Regular Session

Oklahoma House Bill HB1818 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1818 Page 1 1
	3	+	HB1818 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1818 By: Dempsey and McBride of the
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	HOUSE BILL 1818 By: Dempsey and McBride of the
30	36		House
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32	38		and
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34	40		Montgomery of the Senate
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40		-	[ professions and occupations - Construction
41		-	Industries Board Act - authorizing Board to
42		-	administer the Oklahoma Unifo rm Building Code
43		-	Commission Act - Oklahoma Uniform Building Code
44		-	Commission Act - authorizing Construction
45		-	Industries Board to administer the Oklahoma Uniform
46		-	Building Code Commission Act - effective date ]
	46	+	AS INTRODUCED
47	47
	48	+	An Act relating to professions a nd occupations;
	49	+	amending 59 O.S. 2011, 1000.2, as last amended by
	50	+	Section 5, Chapter 116, O.S.L. 2020, 1000.3, as
	51	+	amended by Section 3, Chapter 332, O.S.L. 2013,
	52	+	1000.4, as last amended by Section 4, Chapter 332,
	53	+	O.S.L. 2013 and 1000.6 (59 O.S. Supp. 2020, Sections
	54	+	1000.2, 1000.3 and 1000.4), which relate to the
	55	+	Construction Industries Board Act; authorizing Board
	56	+	to administer the Oklahoma Uniform Building Code
	57	+	Commission Act; modifying powers and duties of the
	58	+	Board; clarifying language; amending 59 O.S. 2011,
	59	+	Sections 1000.21, as amended by Section 2, Chapter
	60	+	223, O.S.L. 2014, 1000.22, 1000.23, as amended by
	61	+	Section 3, Chapter 223, O.S.L. 2014, 1000.24,
	62	+	1000.25, as last amended by Section 4, Chapter 223,
	63	+	O.S.L. 2014 and 1000.28, as amended by Section 273,
	64	+	Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2020,
	65	+	Sections 1000.21, 1000.23, 1000.25 and 1000.28),
	66	+	which relate to the Oklahoma Uniform Building Code
	67	+	Commission Act; authorizing Construction Industries
	68	+	Board to administer the Oklahoma Uniform Building
	69	+	Code Commission Act; modifying powers and duties of
	70	+	the Oklahoma Uniform Building Code Commission;
	71	+	providing for administrative services; authorizing
	72	+	Commission to recommend system of fees; providing for
	73	+	payment of certain fees collected; repealing 59 O.S.
	74	+	2011, Sections 1000.26 and 1000.27, which relate to
	75	+	the Chief Executive Officer and legal advisor to the
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49		-
50		-
51		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52		-	SECTION 1. AMENDATORY 59 O.S. 2011, Section 1000.2, as
53		-	last amended by Section 5, Chapter 116, O.S.L. 2020 (59 O.S. Supp.
54		-	2020, Section 1000.2), is amended to read as follows:
55		-	Section 1000.2 A. The Construction Industries Board is hereby
56		-	re-created to continue until July 1, 2023, in accordance with the
57		-	provisions of the Oklahoma Sunset Law. The Board shall regulate the
58		-	plumbing, electrical and mechanical trades, the building and
59		-	construction inspectors, home inspectors, and the roofing
60		-
61		-	ENGR. H. B. NO. 1818 Page 2 1
	77	+	HB1818 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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	103	+	Oklahoma Uniform Building Code Commission; and
	104	+	providing an effective date.
	105	+
	106	+
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	108	+
	109	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	110	+	SECTION 1. AMENDATORY 59 O.S. 2011, Section 1000.2, as
	111	+	last amended by Section 5, Chapter 116, O.S.L. 2020 (59 O.S. Supp.
	112	+	2020, Section 1000.2), is amended to read as follows:
	113	+	Section 1000.2 A. The Construction Industries Board is hereby
	114	+	re-created to continue until July 1, 2023, in accordance with the
	115	+	provisions of the Oklahoma Sunset Law. The Board shall regulate the
	116	+	plumbing, electrical and mechanical trades, the building and
	117	+	construction inspectors, home inspectors, and the roofing
86	118		contractors and implement and administer the Oklahoma Uniform
87	119		Building Code Commission Act through the powers and duties set forth
88	120		in the Construction Industries Board Act and in the respective
89	121		licensing or registration acts for such trades, or as otherwise
90	122		provided by law.
91	123		B. 1. Beginning July 1, 2013, the Board shall be composed of
92	124		seven (7) members appointed by the Governor with the advice and
93	125		consent of the Senate, as follows:
94	126		a. two members shall have at least ten (10) years '
95	127		experience in the plumbing trade , of which one shall
96	128		be a plumbing contractor and one shall be a journeyman
97	129		plumber,
98		-	b. two members shall have at least ten (10) years '
99		-	experience in the electrical trade, of which one shall
100		-	be an electrical contractor and one shall be a
101		-	journeyman electrician ,
102		-	c. two members shall have at least ten (10) years '
103		-	experience in the mechanical trade, of which one shall
104		-	be a mechanical contractor and one shall be a
105		-	mechanical journeyman, and
106		-	d. one member shall have at least ten (10) years '
107		-	experience as a building and construction inspector.
108		-	2. Members shall be appointed for staggered terms of four (4)
109		-	years, as designated by the Governor. Members shall continue in
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111		-	ENGR. H. B. NO. 1818 Page 3 1
	131	+	HB1818 HFLR Page 3
	132	+	BOLD FACE denotes Committee Amendments. 1
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	157	+	b. two members shall have at least ten (10) years '
	158	+	experience in the electrical trade, of which one shall
	159	+	be an electrical contractor and one shall be a
	160	+	journeyman electrician,
	161	+	c. two members shall have at least ten (10) years '
	162	+	experience in the mechanical trade, of which one shall
	163	+	be a mechanical contractor and one shall be a
	164	+	mechanical journeyman, and
	165	+	d. one member shall have at least ten (10) years '
	166	+	experience as a build ing and construction inspector.
	167	+	2. Members shall be appointed for staggered terms of four (4)
	168	+	years, as designated by the Governor. Members shall continue in
136	169		office until a successor is appointed by the Governor. The Governor
137	170		shall fill all vacancies an d unexpired terms in the same manner as
138	171		the original appointment of the member whose position is to be
139	172		filled. A member may be removed by the Governor at any time.
140	173		SECTION 2. AMENDATORY 59 O.S. 2011, Section 1000.3, as
141	174		amended by Section 3, Chapter 332, O.S.L. 2013 (59 O.S. Supp. 2020,
142	175		Section 1000.3), is amended to read as follows:
143	176		Section 1000.3 A. 1. The Construction Industries Board shall
144	177		organize on by September 1 each year, by electing from among its
145	178		members a chair and a vice-chair. The Board shall hold regularly
146	179		scheduled meetings at least once each quarter at a time and place
147	180		determined by the Board and may hold special meetings, emergency
148		-	meetings, or continued or reconvened meetings as found by the Board
149		-	to be necessary. A majority of the members of the Board shall
150		-	constitute a quorum for the transaction of business.
151		-	2. The chair shall preside at meetings of the Board, set the
152		-	agenda, sign orders and other required documents, coordinate Board
153		-	activities, and perform suc h other duties as may be prescribed by
154		-	the Board or authorized by law.
155		-	3. The vice-chair shall perform the duties of the chair during
156		-	the absence or disability of the chair and shall perform such other
157		-	duties as may be prescribed by the Board or authorize d by law.
158		-	4. The Construction Industries Board Administrator, at the
159		-	discretion of the Board , shall:
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161		-	ENGR. H. B. NO. 1818 Page 4 1
	182	+	HB1818 HFLR Page 4
	183	+	BOLD FACE denotes Committee Amendments. 1
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	208	+	meetings, or continued or reconvened meetings as found by the Board
	209	+	to be necessary. A majority of the members of the Board shall
	210	+	constitute a quorum for the transaction of business.
	211	+	2. The chair shall preside at meetings of the Board, set the
	212	+	agenda, sign orders and other required documents, coordinate Board
	213	+	activities, and perform such other duties as may be prescribed by
	214	+	the Board or authorized by law.
	215	+	3. The vice-chair shall perform the duties of the chair during
	216	+	the absence or disability of the chair and shall perform such other
	217	+	duties as may be prescribed by the Board or autho rized by law.
	218	+	4. The Construction Industries Board Administrator, at the
	219	+	discretion of the Board , shall:
186	220		a. keep a record of all proceedings of the Board and
187	221		certify to actions of the Board,
188	222		b. oversee the receipt and deposit of all monies received
189	223		by the Board in the appropriate revolving funds,
190	224		c. submit, at the first regular meeting of the Board
191	225		after the end of each fiscal year, a full itemized
192	226		report of the receipts and disbursements for the prior
193	227		fiscal year, showing the amount of funds on hand, and
194	228		d. perform such other duties as are prescribed in the
195	229		Construction Industries Board Act or as may be
196	230		prescribed by the Board or required by law.
197		-	B. The Board shall act in accordance with the provisions of the
198		-	Oklahoma Open Meeting Act, the Oklahoma Open Recor ds Act, and the
199		-	Administrative Procedures Act.
200		-	C. All members of the Board and such employees as determined by
201		-	the Board shall be bonded as required by Sections 85.26 85.58Q
202		-	through 85.31 85.58V of Title 74 of the Oklahoma Statutes.
203		-	D. The liability of a ny member or employee of the Board acting
204		-	within the scope of Board duties or employment shall be governed by
205		-	The Governmental Tort Claims Act.
206		-	E. Members of the Board shall serve without compensation but
207		-	shall be reimbursed for all actual and necessary e xpenses incurred
208		-	in the performance of their duties in accordance with the State
209		-	Travel Reimbursement Act.
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211		-	ENGR. H. B. NO. 1818 Page 5 1
	232	+	HB1818 HFLR Page 5
	233	+	BOLD FACE denotes Committee Amendments. 1
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	258	+	B. The Board shall act in accordance with the provisions of the
	259	+	Oklahoma Open Meeting Act, the Oklahoma Open R ecords Act, and the
	260	+	Administrative Procedures Act.
	261	+	C. All members of the Board and such employees as determined by
	262	+	the Board shall be bonded as required by Sections 85.26 85.58Q
	263	+	through 85.31 85.58V of Title 74 of the Oklahoma Statutes.
	264	+	D. The liability of any member or employee of the Board acting
	265	+	within the scope of Board duties or employment shall be governed by
	266	+	The Governmental Tort Claims Act.
	267	+	E. Members of the Board shall serve without compensation but
	268	+	shall be reimbursed for all actual and necessa ry expenses incurred
	269	+	in the performance of their duties in accordance with the State
	270	+	Travel Reimbursement Act.
236	271		SECTION 3. AMENDATORY 59 O.S. 2011, Section 1000.4, as
237	272		last amended by Section 4, Chapter 332, O.S.L. 2013 (59 O.S. Sup p.
238	273		2020, Section 1000.4), is amended to read as follows:
239	274		Section 1000.4 A. 1. Pursuant to and in compliance with
240	275		Article I of the Administrative Procedures Act, the Construction
241	276		Industries Board shall have the power to adopt, amend, repeal , and
242	277		promulgate rules as may be necessary to regulate the plumbing,
243	278		electrical, and mechanical and roofing trades, building and
244		-	construction inspectors and, home inspectors, and implement and
	279	+	construction inspectors , and home inspectors, and implement and
245	280		administer the Oklahoma Uniform Building Code Commission Act . All
246	281		rules promulgated by the Board shall be reviewed and approved as
247		-	provided in subsection F of Section 308 of Title 75 of the Oklahoma
248		-	Statutes Article I of the Administrative Procedures Act and the
249		-	Construction Industries Board Act .
250		-	2. The Board shall have the power to enforce the provisions of
251		-	the Construction Industries Board Act, The Plumbing License Law of
252		-	1955, the Oklahoma Inspectors Act, the Electrical License Act, the
253		-	Mechanical Licensing Act, the Home Inspection Licensing Act, the
254		-	Oklahoma Uniform Building Code Commission Act and the Roofing
255		-	Contractor Registration Act, as provided in the respective acts.
256		-	B. The Board shall have the following powers:
257		-	1. Exercise all incidental powers and duties which are
258		-	necessary to effectuate the provisions of The Plumbing Li cense Law
259		-	of 1955, the Oklahoma Inspectors Act, the Electrical License Act,
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261		-	ENGR. H. B. NO. 1818 Page 6 1
	283	+	HB1818 HFLR Page 6
	284	+	BOLD FACE denotes Committee Amendments. 1
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	309	+	provided in subsection F of Section 308 of Title 75 of the Oklahoma
	310	+	Statutes Article I of the Administrative Procedures Act and the
	311	+	Construction Industries Board Act .
	312	+	2. The Board shall have the power to enforce the provisions of
	313	+	the Construction Industries Board Act, The Plumbing License Law of
	314	+	1955, the Oklahoma Inspectors Act, the Electrical License Act, the
	315	+	Mechanical Licensing Act, the Home Inspection Licensing Act, the
	316	+	Oklahoma Uniform Building C ode Commission Act and the Roofing
	317	+	Contractor Registration Act, as provided in the respective acts.
	318	+	B. The Board shall have the following powers:
	319	+	1. Exercise all incidental powers and duties which are
	320	+	necessary to effectuate the provisions of The Plumbin g License Law
	321	+	of 1955, the Oklahoma Inspectors Act, the Electrical License Act,
286	322		the Mechanical Licensing Act, and the Oklahoma Uniform Building Code
287	323		Commission Act, the Home Inspection Licensing Act and the Roofing
288	324		Contractor Registration Act, including, b ut not limited to,
289	325		performing inspections of licenses, registrations, endorsements and
290	326		construction sites for compliance with statewide adopted building
291	327		codes applicable to the trades licensed by the Board ;
292	328		2. Serve as a code variance and appeals board fo r the trades
293	329		and industries it regulates which do not have statutory code
294	330		variance and appeals boards;
295	331		3. Order or subpoena the attendance of witnesses, the
296	332		inspection of records and premises, and the production of relevant
297		-	books and papers for the investigat ion of matters that may come
298		-	before the Board;
299		-	4. Initiate disciplinary proceedings, request prosecution of
300		-	and initiate injunctive proceedings against any person who violates
301		-	any of the provisions of The Plumbing License Law of 1955, the
302		-	Oklahoma Inspectors Act, the Electrical License Act, the Mechanical
303		-	Licensing Act, and the Home Inspection Licensing Act and the Roofing
304		-	Contractor Registration Act ;
305		-	5. Maintain an administrative staff including, but not limited
306		-	to, a Construction Industries Board Administrator whose appointment
307		-	shall be made as provided in Section 1000.6 of this title;
308		-	6. Establish and levy administrative fines for violations of
309		-	law or rule in the trades and industries the Board licenses or
310	333
311		-	ENGR. H. B. NO. 1818 Page 7 1
	334	+	HB1818 HFLR Page 7
	335	+	BOLD FACE denotes Committee Amendments. 1
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	360	+	books and papers for the invest igation of matters that may come
	361	+	before the Board;
	362	+	4. Initiate disciplinary proceedings, request prosecution of
	363	+	and initiate injunctive proceedings against any person who violates
	364	+	any of the provisions of The Plumbing License Law of 1955, the
	365	+	Oklahoma Inspectors Act, the Electrical License Act, the Mechanical
	366	+	Licensing Act, and the Home Inspection Licensing Act and the Roofing
	367	+	Contractor Registration Act ;
	368	+	5. Maintain an administrative staff including, but not limited
	369	+	to, a Construction Industries Board Administrator whose appointment
	370	+	shall be made as provided in Section 1000.6 of this title;
	371	+	6. Establish and levy administrative fines for violations of
	372	+	law or rule in the trades and industries the Board licenses or
336	373		regulates or against any person or entity denying the Board or its
337	374		representatives access to a job site for purposes of enforcing any
338	375		of the provisions of The Plumbing License Law of 1955, the Oklahoma
339	376		Inspectors Act, the Electrical License Act, and the Mechanical
340	377		Licensing Act, or the Home Inspection Licensing Act and the Roofing
341	378		Contractor Registration Act; provided, however, the Board is not
342	379		authorized to inspect or issue administrative violations or fines
343	380		for public utilities, public service corporations, intrastate gas
344	381		pipeline companies, gas gathering pipeline companies, gas processing
345	382		companies, rural electric associations, municipal utilities or their
346	383		subsidiaries, chemical plants, gas processing plants or petroleum
347		-	refineries where the entity uses their employees or contractors to
348		-	work on their own facilities or equipment;
349		-	7. Direct such other expenditures as may be necessary in the
350		-	performance of its duties including, but not limited to,
351		-	expenditures for office space, equipment, furnishings and contracts
352		-	for legal services. All expenditures s hall be made pursuant to the
353		-	Oklahoma Central Purchasing Act; and
354		-	8. Enforce provisions of the plumbing, electrical and
355		-	mechanical codes as adopted by the Oklahoma Uniform Building Code
356		-	Commission pursuant to the Oklahoma Uniform Building Code Commission
357		-	Act.
358		-	C. The Board shall account for all receipts and expenditures of
359		-	the monies of the Board, including annually preparing and publishing
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	385	+	HB1818 HFLR Page 8
	386	+	BOLD FACE denotes Committee Amendments. 1
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	411	+	refineries where the entity uses their employees or contractors to
	412	+	work on their own facilities or equipment;
	413	+	7. Direct such other expenditures as may be necessary in the
	414	+	performance of its duties including, but not limited to,
	415	+	expenditures for office space, equipment, furnishings and contracts
	416	+	for legal services. All expenditur es shall be made pursuant to the
	417	+	Oklahoma Central Purchasing Act; and
	418	+	8. Enforce provisions of the plumbing, electrical and
	419	+	mechanical codes as adopted by the Oklahoma Uniform Building Code
	420	+	Commission pursuant to the Oklahoma Uniform Building Code Commiss ion
	421	+	Act.
	422	+	C. The Board shall account for all receipts and expenditures of
	423	+	the monies of the Board, including annually preparing and publishing
386	424		a statement of receipts and expenditures of the Board for each
387	425		fiscal year. The Board 's annual statement of rece ipts and
388	426		expenditures shall be audited by the State Auditor and Inspector or
389	427		an independent accounting firm in accordance with the provisions of
390	428		subsection B of Section 212 of Title 74 of the Oklahoma Statutes,
391	429		and the audit report shall be certified to th e Governor of this
392	430		state to be true and correct, under oath, by the chair and vice -
393	431		chair of the Board. A copy of such certified report shall be
394	432		delivered to the chairs of the respective Senate and House of
395	433		Representatives Committees having authority over matters relating to
396	434		business, labor and construction industry licensing or regulation
397		-	not later than February 1 each year if it is not otherwise available
398		-	electronically on the website of the State Auditor and Inspector .
399		-	D. The Board shall account for all fin es, penalties and fees
400		-	assessed and collected pursuant to the Administrative Procedures Act
401		-	or any rule promulgated for regulation of any industry and trade
402		-	under the authority of the Construction Industries Board. All
403		-	fines, penalties and fees assessed f or any violation of law or rule
404		-	shall be automatically reviewed and brought before the entire Board
405		-	for consideration and vote not later than the last day of the
406		-	monthly quarter in which ninety (90) days from the date it was
407		-	imposed. The Construction Indu stries Board Administrator shall
408		-	present to the Board a written recommendation and summary for each
409		-	case in which an assessment of a fine, penalty or fee was imposed
410	435
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430	456		20
431	457		21
432	458		22
433	459		23
434	460		24
435	461
	462	+	not later than February 1 each year if it is not otherwise available
	463	+	electronically on the website of the State Auditor and Inspector .
	464	+	D. The Board shall account for all fines, penalties and fees
	465	+	assessed and collected pursuant to the Administrative Procedures Act
	466	+	or any rule promulgated for regulation of any industry and trade
	467	+	under the authority of the Construction Industries Board. All
	468	+	fines, penalties and fees assess ed for any violation of law or rule
	469	+	shall be automatically reviewed and brought before the entire Board
	470	+	for consideration and vote not later than the last day of the
	471	+	monthly quarter in which ninety (90) days from the date it was
	472	+	imposed. The Construction Industries Board Administrator shall
	473	+	present to the Board a written recommendation and summary for each
	474	+	case in which an assessment of a fine, penalty or fee was imposed
436	475		after administrative proceedings. The Board shall consider the
437	476		recommendations for ea ch case at the next meeting date and at such
438	477		meeting shall either vote to affirm the recommendations or vote to
439	478		deny the recommendations and remand the case for further
440	479		administrative hearing, with or without instructions. No
441	480		administrative case shall be delayed or continued by the Board after
442	481		being placed on an agenda for final Board review, except with the
443	482		consent of all parties. The licensee or persons affected by the
444	483		imposition of an administrative fine, penalty or fee on final review
445	484		by the Board shall have all rights of appeal preserved pursuant to
446	485		the Administrative Procedures Act until final action by the Board.
447		-	E. The Construction Industries Board shall hear all appeals
448		-	timely made from an administrative ruling relating to an industry
449		-	and trade regulated by the Board; however, this appeal authority
450		-	shall not be in addition to the appeal process authorized by the
451		-	Administrative Procedures Act. Any final order ruling by the Board
452		-	from an administrative hearing may be further appealed as authorized
453		-	by the Administrative Procedures Act. Any appeal to a district
454		-	court shall be to the district court District Court of Oklahoma
455		-	County. The district court, upon conclusion of an appeal from a
456		-	Board ruling, shall be authorized to award reasonable legal fees to
457		-	the prevailing party.
458		-	SECTION 4. AMENDATORY 59 O.S. 2011, Section 1000.6, is
459		-	amended to read as follows:
460	486
461		-	ENGR. H. B. NO. 1818 Page 10 1
	487	+	HB1818 HFLR Page 10
	488	+	BOLD FACE denotes Committee Amendments. 1
462	489		2
463	490		3
464	491		4
465	492		5
466	493		6
467	494		7
468	495		8
469	496		9
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472	499		12
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485	512
	513	+	E. The Construction Industries Board shall hear all appeals
	514	+	timely made from an administrative ruling relating to an industry
	515	+	and trade regulated by the Board; however, this appeal authority
	516	+	shall not be in addition to the appeal process authorized by the
	517	+	Administrative Procedures Act. Any final order ruling by the Board
	518	+	from an administrative hearing may be further appealed as authorized
	519	+	by the Administrative Procedures Act. Any appeal to a district
	520	+	court shall be to the district court District Court of Oklahoma
	521	+	County. The district court, upon conclusion of an appeal from a
	522	+	Board ruling, shall be authorized to award reasonable legal fee s to
	523	+	the prevailing party.
	524	+	SECTION 4. AMENDATORY 59 O.S. 2011, Section 1000.6, is
	525	+	amended to read as follows:
486	526		Section 1000.6 A. No later than January 1, 2002, and
487	527		thereafter, each time the position becomes vacant, the Constructi on
488	528		Industries Board shall hire a Construction Industries Board
489	529		Administrator. The Construction Industries Board may, upon a
490	530		majority vote, terminate the employment of the Construction
491	531		Industries Board Administrator.
492	532		B. The Construction Industries Board Administrator shall assist
493	533		the Construction Industries Board in the performance of its duties
494	534		and shall report directly to the Board.
495		-	SECTION 5. AMENDATORY 59 O.S. 2011, Section 1000.21, as
496		-	amended by Section 2, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020 ,
497		-	Section 1000.21), is amended to read as follows:
498		-	Section 1000.21 A. 1. There is hereby created the Oklahoma
499		-	Uniform Building Code Commission within the Construction Industries
500		-	Board which. The Construction Industries Board is aut horized to
501		-	administer the Oklahoma Uniform Building Code Commission Act and
502		-	exercise all incidental powers necessary and proper to implement and
503		-	enforce the provisions of the Oklahoma Uniform Building Code
504		-	Commission Act and the rules promulgated thereto. The Oklahoma
505		-	Uniform Building Code Commission shall consist of eleven (11)
506		-	members, nine of whom shall be appointed by the Governor with the
507		-	advice and consent of the Senate as follows:
508	535
509		-	ENGR. H. B. NO. 1818 Page 11 1
	536	+	HB1818 HFLR Page 11
	537	+	BOLD FACE denotes Committee Amendments. 1
510	538		2
511	539		3
512	540		4
513	541		5
514	542		6
515	543		7
516	544		8
517	545		9
518	546		10
519	547		11
520	548		12
521	549		13
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523	551		15
524	552		16
525	553		17
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527	555		19
528	556		20
529	557		21
530	558		22
531	559		23
532	560		24
533	561
	562	+	SECTION 5. AMENDATORY 59 O.S. 2011, Section 1000.21, as
	563	+	amended by Section 2, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020 ,
	564	+	Section 1000.21), is amended to read as follows:
	565	+	Section 1000.21 A. 1. There is hereby created the Oklahoma
	566	+	Uniform Building Code Commission within the Construction Industries
	567	+	Board which. The Construction Industries Board is authorized to
	568	+	administer the Oklahoma Uniform Building Code Commission Act and
	569	+	exercise all incidental powers necessary and proper to implement and
	570	+	enforce the provisions of the Oklahoma Uniform Building Code
	571	+	Commission Act and the rules promulgated there to. The Oklahoma
	572	+	Uniform Building Code Commission shall consist of eleven (11)
	573	+	members, nine of whom shall be appointed by the Governor with the
	574	+	advice and consent of the Senate as follows:
534	575		a. one member who is a general contractor from a
535	576		statewide organization that represents residential
536	577		construction,
537	578		b. one member who is a general contractor from a
538	579		statewide organization that represents commercial
539	580		construction,
540	581		c. one member who is a contractor from a statewide
541	582		organization that represents electrical con tractors,
542	583		d. one member who is a contractor from a statewide
543	584		organization that represents plumbing contractors,
544		-	e. one member who is a contractor from a statewide
545		-	organization that represents heating and cooling
546		-	contractors,
547		-	f. one member who is a local -level regulator/inspector
548		-	who is a member of a statewide organization that is
549		-	exempt from taxation under federal law and designated
550		-	pursuant to the provisions of the Internal Revenue
551		-	Code, 26 U.S.C., Section 170(a), who has represented
552		-	municipalities and had sta tutory functions for
553		-	municipalities for at least fifteen (15) years prior
554		-	to November 1, 2005,
555		-	g. one member who is a Certified Building Official
556		-	employed by a political subdivision,
557	585
558		-	ENGR. H. B. NO. 1818 Page 12 1
	586	+	HB1818 HFLR Page 12
	587	+	BOLD FACE denotes Committee Amendments. 1
559	588		2
560	589		3
561	590		4
562	591		5
563	592		6
564	593		7
565	594		8
566	595		9
567	596		10
568	597		11
569	598		12
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571	600		14
572	601		15
573	602		16
574	603		17
575	604		18
576	605		19
577	606		20
578	607		21
579	608		22
580	609		23
581	610		24
582	611
	612	+	e. one member who is a contractor from a statewide
	613	+	organization that represents heating and cooling
	614	+	contractors,
	615	+	f. one member who is a local -level regulator/inspector
	616	+	who is a member of a statewide organization that is
	617	+	exempt from taxation under federal law and designated
	618	+	pursuant to the provisions of the Internal Revenue
	619	+	Code, 26 U.S.C., Section 170(a), who has represented
	620	+	municipalities and had statutory functions for
	621	+	municipalities for at least fifteen (15) years prior
	622	+	to November 1, 2005,
	623	+	g. one member who is a Certified Building Official
	624	+	employed by a political subdivision,
583	625		h. one member who is a licensed architect from a
584	626		statewide organizati on that represents architects, and
585	627		i. one member who is from the insurance industry with
586	628		knowledge of building codes and experience in property
587	629		loss mitigation.
588	630		2. The members shall be appointed for staggered terms of four
589	631		(4) years, beginning July 1, 200 9. A full term of office for
590	632		purposes of determining term limits provided in subsection C of this
591	633		section shall be the completion of a full four -year term of
592	634		appointment.
593		-	B. The remaining two members of the Commission shall be the
594		-	State Fire Marshal, or a de signee, and an appointee of the
595		-	Construction Industries Board.
596		-	C. Appointed members shall continue in office until a successor
597		-	is appointed by the Governor, notwithstanding the term limitations.
598		-	No appointed member shall serve more than two consecutive f ull four-
599		-	year terms; provided, such a member shall be eligible to serve until
600		-	a successor is appointed, and such member may be reappointed after a
601		-	two-year absence from the Commission. The Governor shall fill all
602		-	vacancies and unexpired terms in the same manner as the original
603		-	appointment of the member whose position is to be filled. No
604		-	initial appointment to a term of less than four (4) years or any
605		-	partial-term appointment to fill a vacancy or unexpired term of
606		-	another member shall be counted for purpos es of determining term
607	635
608		-	ENGR. H. B. NO. 1818 Page 13 1
	636	+	HB1818 HFLR Page 13
	637	+	BOLD FACE denotes Committee Amendments. 1
609	638		2
610	639		3
611	640		4
612	641		5
613	642		6
614	643		7
615	644		8
616	645		9
617	646		10
618	647		11
619	648		12
620	649		13
621	650		14
622	651		15
623	652		16
624	653		17
625	654		18
626	655		19
627	656		20
628	657		21
629	658		22
630	659		23
631	660		24
632	661
	662	+	B. The remaining two members of the Commission shall be the
	663	+	State Fire Marshal, or a designee, and an appointee of the
	664	+	Construction Industries Board.
	665	+	C. Appointed members shall continue in office until a successor
	666	+	is appointed by the Governor, notwithstanding the term limitations.
	667	+	No appointed member shall serve more than two consecuti ve full four-
	668	+	year terms; provided, such a member shall be eligible to serve until
	669	+	a successor is appointed, and such member may be reappointed after a
	670	+	two-year absence from the Commission. The Governor shall fill all
	671	+	vacancies and unexpired terms in the s ame manner as the original
	672	+	appointment of the member whose position is to be filled. No
	673	+	initial appointment to a term of less than four (4) years or any
	674	+	partial-term appointment to fill a vacancy or unexpired term of
	675	+	another member shall be counted for pu rposes of determining term
633	676		limits. An appointed member may be removed by the Governor for
634	677		cause.
635	678		D. Whenever a member of the Commission is absent from more than
636	679		one-half (1/2) of all meetings of the governing body, regular and
637	680		special, held within any pe riod of twelve (12) consecutive months,
638	681		the member shall thereupon cease to hold office by operation of law.
639	682		SECTION 6. AMENDATORY 59 O.S. 2011, Section 1000.22, is
640	683		amended to read as follows:
641	684		Section 1000.22 1. A. The Oklahoma Uniform Building Code
642	685		Commission shall organize immediately after July 1, 2009, and
643		-	annually thereafter, by electing annually elect from among its
644		-	members a chair and a vice -chair. The Commission shall hold
645		-	regularly scheduled meetings at least once each quar ter at a time
646		-	and place determined by the Commission and may hold such special
647		-	meetings, emergency meetings or continued or reconvened meetings as
648		-	found by the Commission to be necessary. A majority of the members
649		-	of the Commission shall constitute a quor um for the transaction of
650		-	business.
651		-	2. B. The chair shall preside at meetings of the Commission,
652		-	set the agenda, sign orders and other required documents, coordinate
653		-	Commission activities and perform such other duties as may be
654		-	prescribed by the Oklahoma Uniform Building Code Commission Act.
655	686
656		-	ENGR. H. B. NO. 1818 Page 14 1
	687	+	HB1818 HFLR Page 14
	688	+	BOLD FACE denotes Committee Amendments. 1
657	689		2
658	690		3
659	691		4
660	692		5
661	693		6
662	694		7
663	695		8
664	696		9
665	697		10
666	698		11
667	699		12
668	700		13
669	701		14
670	702		15
671	703		16
672	704		17
673	705		18
674	706		19
675	707		20
676	708		21
677	709		22
678	710		23
679	711		24
680	712
	713	+	annually thereafter, by electing annually elect from among its
	714	+	members a chair and a vice -chair. The Commission shall hold
	715	+	regularly scheduled meetings at least once each quarter at a time
	716	+	and place determined by the Commission and may hold such special
	717	+	meetings, emergency meetings or continued or reconvened meetings as
	718	+	found by the Commission to be necessary. A majority of the members
	719	+	of the Commission shall constitute a quorum for the transaction of
	720	+	business.
	721	+	2. B. The chair shall preside at meetings of the Commission,
	722	+	set the agenda, sign orders and other required documents, coordinate
	723	+	Commission activities and perform such other duties as may be
	724	+	prescribed by the Oklahoma Uniform Building Code Commission Act.
681	725		3. C. The vice-chair shall perform the duties of the chair
682	726		during the absence or disability of the chair and shall perform such
683	727		other duties as may be prescribed by the Commission.
684	728		4. The Oklahoma Uniform Buildin g Code Commission Chief
685	729		Executive Officer, at the discretion of the Commission, shall:
686	730		a. keep a record of all proceedings of the Commission and
687	731		certify to actions of the Commission,
688	732		b. oversee the receipt and deposit of all monies received
689	733		by the Commission in the appropriate revolving funds,
690	734		c. submit, at the first regular meeting of the Commission
691	735		after the end of each fiscal year, a fully itemized
692		-	report of the receipts and disbursements for the prior
693		-	fiscal year, showing the amount of funds on hand, and
694		-	d. perform such other duties as are prescribed in this
695		-	act or as may be prescribed by the Commission.
696		-	5. The Commission shall comply with the provisions of the
697		-	Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the
698		-	Administrative Procedures Act.
699		-	6. D. All members of the Commission and such employees as
700		-	determined by the Commission shall be bonded as required by Sections
701		-	85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
702		-	Statutes.
703	736
704		-	ENGR. H. B. NO. 1818 Page 15 1
	737	+	HB1818 HFLR Page 15
	738	+	BOLD FACE denotes Committee Amendments. 1
705	739		2
706	740		3
707	741		4
708	742		5
709	743		6
710	744		7
711	745		8
712	746		9
713	747		10
714	748		11
715	749		12
716	750		13
717	751		14
718	752		15
719	753		16
720	754		17
721	755		18
722	756		19
723	757		20
724	758		21
725	759		22
726	760		23
727	761		24
728	762
	763	+	report of the receipts and disbursements for the prior
	764	+	fiscal year, showing the amount of funds on hand, an d
	765	+	d. perform such other duties as are prescribed in this
	766	+	act or as may be prescribed by the Commission.
	767	+	5. The Commission shall comply with the provisions of the
	768	+	Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the
	769	+	Administrative Procedures Ac t.
	770	+	6. D. All members of the Commission and such employees as
	771	+	determined by the Commission shall be bonded as required by Sections
	772	+	85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
	773	+	Statutes.
729	774		7. E. The liability of any member or employee of the Commission
730	775		acting within the scope of Commission duties or employment shall be
731	776		governed by The Governmental Tort Claims Act.
732	777		8. F. Members of the Oklahoma Uniform Building Code Commission
733	778		and members of all technical committees shall serve without
734	779		compensation, but shall be reimbursed for all actual and necessary
735	780		expenses incurred in the performance of their duties in accordance
736	781		with the State Travel Reimbursement Act.
737	782		SECTION 7. AMENDATORY 59 O.S. 2011, Section 1000.23, as
738	783		amended by Section 3, Chapter 223, O.S.L. 2014 (59 O.S. Supp. 2020 ,
739	784		Section 1000.23), is amended to read as follows:
740	785		Section 1000.23 A. The Oklahoma Uniform Building Code
741	786		Commission shall have the power and the duty to review and adopt
742		-	prescribe standards and pra ctices pursuant to this act by reviewing
743		-	and adopting all building codes for residential and commercial
744		-	construction to be used by all entities within this state. Codes
745		-	and standards adopted by the Commission shall be the minimum
746		-	standards for residential and commercial construction in this state.
747		-	B. All public projects shall abide by such minimum standards
748		-	and requirements; provided, nothing in the Oklahoma Uniform Building
749		-	Code Commission Act shall prevent or take away from state agencies
750		-	the authority to enact and enforce requirements containing higher
751		-	standards and requirements than such minimum standards and
752		-	requirements.
753	787
754		-	ENGR. H. B. NO. 1818 Page 16 1
	788	+	HB1818 HFLR Page 16
	789	+	BOLD FACE denotes Committee Amendments. 1
755	790		2
756	791		3
757	792		4
758	793		5
759	794		6
760	795		7
761	796		8
762	797		9
763	798		10
764	799		11
765	800		12
766	801		13
767	802		14
768	803		15
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773	808		20
774	809		21
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776	811		23
777	812		24
778	813
	814	+	prescribe standards and practices pursuant to this act by reviewing
	815	+	and adopting all building codes for residential and commercial
	816	+	construction to be used by all entities within this state. Codes
	817	+	and standards adopted by the Commission shall be the minimum
	818	+	standards for residen tial and commercial construction in this state.
	819	+	B. All public projects shall abide by such minimum standards
	820	+	and requirements; provided, nothing in the Oklahoma Uniform Building
	821	+	Code Commission Act shall prevent or take away from state agencies
	822	+	the authority to enact and enforce requirements containing higher
	823	+	standards and requirements than such minimum standards and
	824	+	requirements.
779	825		C. Municipalities and other political subdivisions shall abide
780	826		by such minimum standards and requirements; provided, nothing i n the
781	827		Oklahoma Uniform Building Code Commission Act shall prevent or take
782	828		away from such municipalities and other political subdivisions the
783	829		authority to enact and enforce requirements containing higher
784	830		standards and requirements than such minimum standard s and
785	831		requirements.
786	832		D. The Oklahoma Uniform Building Code Commission shall have the
787	833		power and duty to establish a training and certification process for
788	834		all residential and commercial building code inspectors that
789	835		prescribes standards, practices and proce dures for prelicensing
790	836		inspector training and other inspector training that enhances the
791	837		education of building and construction inspectors; provided , the
792		-	training does not infringe upon the education requirements and
793		-	processes under the Oklahoma Inspectors Act . Prelicensing programs
794		-	prescribing the standards, practices and procedures for prelicensing
795		-	building inspectors for use by other state agencies and other
796		-	education providers, both public and private, may be developed
797		-	through the use of a technical comm ittee that develops any program
798		-	or curriculum, and recommends to the Construction Industries Board
799		-	proposed administrative rules setting forth any standards and
800		-	procedures to be adopted pursuant to paragraph 1 of subsection A of
801		-	Section 1000.24 of this title . The Commission shall establish
802		-	regional prelicensing training on a regional basis for the purpose
803	838
804		-	ENGR. H. B. NO. 1818 Page 17 1
	839	+	HB1818 HFLR Page 17
	840	+	BOLD FACE denotes Committee Amendments. 1
805	841		2
806	842		3
807	843		4
808	844		5
809	845		6
810	846		7
811	847		8
812	848		9
813	849		10
814	850		11
815	851		12
816	852		13
817	853		14
818	854		15
819	855		16
820	856		17
821	857		18
822	858		19
823	859		20
824	860		21
825	861		22
826	862		23
827	863		24
828	864
	865	+	training does not infringe upon the education requirements and
	866	+	processes under the Oklahoma Inspectors Act. Prelicensing programs
	867	+	prescribing the standards, practices and procedures for prelicensing
	868	+	building inspectors for use by other state agencies and other
	869	+	education providers, both public and private, may be developed
	870	+	through the use of a technical co mmittee that develops any program
	871	+	or curriculum, and recommends to the Construction Industries Board
	872	+	proposed administrative rules setting forth any standards and
	873	+	procedures to be adopted pursuant to paragraph 1 of subsection A of
	874	+	Section 1000.24 of this t itle. The Commission shall establish
	875	+	regional prelicensing training on a regional basis for the purpose
829	876		of training the county and municipal inspectors in the Uniform
830	877		Building Code statewide building codes adopted pursuant to this act .
831	878		The regional training shall be offered at no cost to the participant
832	879		building and construction inspector trainee and shall be funded from
833	880		the funds received pursuant to Section 1000.25 of this title. Each
834	881		inspector operating in this state on behalf of any state agency or
835	882		any municipal or county office may complete participate in regional
836	883		training and be issued a certification for inspections by the
837	884		Uniform Building Code Commission on and after January 1, 2015
838	885		certificate of completion for any training program established
839	886		pursuant to this act; however, any certificate of completion is
840	887		subject to the continuing education approval process of the
841	888		licensing entity. The training and certification applications
842		-	standards, qualifications and application procedures for the
843		-	instructor, provider, if a nonstate governmental entity, and the
844		-	inspector trainee applications shall be promulgated by
845		-	administrative rules of the Commission Board. The Commission may
846		-	establish forms Forms and procedures may be established to implement
847		-	and administer the provisions of this section.
848		-	SECTION 8. AMENDATORY 59 O.S. 2011, Section 1000.24, is
849		-	amended to read as follows:
850		-	Section 1000.24 A. 1. Beginning July 1, 2009, pursuant
851		-	Pursuant to and in compliance with Article I of the Admi nistrative
852		-	Procedures Act, the Oklahoma Uniform Building Code Commission
853	889
854		-	ENGR. H. B. NO. 1818 Page 18 1
	890	+	HB1818 HFLR Page 18
	891	+	BOLD FACE denotes Committee Amendments. 1
855	892		2
856	893		3
857	894		4
858	895		5
859	896		6
860	897		7
861	898		8
862	899		9
863	900		10
864	901		11
865	902		12
866	903		13
867	904		14
868	905		15
869	906		16
870	907		17
871	908		18
872	909		19
873	910		20
874	911		21
875	912		22
876	913		23
877	914		24
878	915
	916	+	standards, qualifications and application procedures for the
	917	+	instructor, provider, if a nonstate governmental entity, and the
	918	+	inspector trainee applications shall be promulgated by
	919	+	administrative rules of the Commission Board. The Commission may
	920	+	establish forms Forms and procedures may be established to implement
	921	+	and administer the provisions of this section.
	922	+	SECTION 8. AMENDATORY 59 O.S. 2011, Section 1000.24, is
	923	+	amended to read as follows:
	924	+	Section 1000.24 A. 1. Beginning July 1, 2009, pursuant
	925	+	Pursuant to and in compliance with Article I of the Administrative
	926	+	Procedures Act, the Oklahoma Uniform Building Code Commission
879	927		Construction Industries Board shall have the power to adopt, amend,
880	928		repeal and promulgate rules as may be necessary to perform the
881	929		duties required under the Oklahoma Uniform Build ing Code Commission
882	930		Act; provided that all rules pertaining to adoption of statewide
883	931		building codes proposed after technical review and for the purpose
884	932		of revising and adopting the statewide building codes pursuant to
885	933		this act shall not be changed or alter ed by the Construction
886	934		Industries Board, so that the Oklahoma Uniform Building Code
887	935		Commission retains and has the full, unaltered authority to review,
888	936		revise and adopt the statewide building codes , with any
889	937		administrative services needed in the administra tive rules process
890	938		to be provided by administrative staff of the Construction
891		-	Industries Board. Rules authorized under this section shall not
892		-	become effective prior to October 1, 2009.
893		-	2. Beginning October 1, 2009, the Commission shall have the
894		-	power to enforce the provisions of the Oklahoma Uniform Building
895		-	Code Commission Act.
896		-	3. Any codes adopted by state agencies, municipalities or other
897		-	political subdivisions of the state prior to uniform codes being
898		-	adopted by the Oklahoma Uniform Building Code Commiss ion, pursuant
899		-	to the provisions of, or rules promulgated pursuant to, the Oklahoma
900		-	Uniform Building Code Commission Act, shall be considered valid and
901		-	in effect until uniform codes are adopted by the Oklahoma Uniform
902		-	Building Code Commission.
903	939
904		-	ENGR. H. B. NO. 1818 Page 19 1
	940	+	HB1818 HFLR Page 19
	941	+	BOLD FACE denotes Committee Amendments. 1
905	942		2
906	943		3
907	944		4
908	945		5
909	946		6
910	947		7
911	948		8
912	949		9
913	950		10
914	951		11
915	952		12
916	953		13
917	954		14
918	955		15
919	956		16
920	957		17
921	958		18
922	959		19
923	960		20
924	961		21
925	962		22
926	963		23
927	964		24
928	965
	966	+	Industries Board. Rules authorized under this section shall not
	967	+	become effective prior to October 1, 2009.
	968	+	2. Beginning October 1, 2009, the Commission shall have the
	969	+	power to enforce the provisions of the Oklahoma Uniform Building
	970	+	Code Commission Act.
	971	+	3. Any codes adopted by state agencies, municipalities or other
	972	+	political subdivisions of the state prior to uniform codes being
	973	+	adopted by the Oklahoma Uniform Building Code Com mission, pursuant
	974	+	to the provisions of, or rules promulgated pursuant to, the Oklahoma
	975	+	Uniform Building Code Commission Act, shall be considered valid and
	976	+	in effect until uniform codes are adopted by the Oklahoma Uniform
	977	+	Building Code Commission.
929	978		B. The Oklahoma Uniform Building Code Commission shall have the
930	979		following powers:
931	980		1. Exercise all incidental powers and duties which are
932	981		necessary to effectuate the provisions of the Oklahoma Uniform
933	982		Building Code Commission Act;
934	983		2. Adopt and have an official se al;
935	984		3. Maintain an administrative staff, including, but not limited
936	985		to, an Oklahoma Uniform Building Code Commission Chief Executive
937	986		Officer;
938	987		4. Direct such other expenditures as may be necessary in the
939	988		performance of its duties, including, but not limit ed to,
940	989		expenditures for office space, equipment, furnishings and contracts
941		-	for services. All expenditures shall be made pursuant to the
942		-	Oklahoma Central Purchasing Act;
943		-	5. 2. Appoint technical committees to review and recommend for
944		-	adoption all building code s. The technical committees shall review
945		-	and recommend building codes with any amendments for adoption by the
946		-	Commission, receive requests for advisory opinions for
947		-	interpretation of any statewide building code adopted pursuant to
948		-	this act, evaluate the r equests for appropriateness of need for an
949		-	advisory opinion, assign any requests to the appropriate technical
950		-	committee requesting participation from entities responsible for the
951		-	enforcement of any code involved in the request providing deference
952		-	to an entity's previous interpretation and, upon recommendation of a
953	990
954		-	ENGR. H. B. NO. 1818 Page 20 1
	991	+	HB1818 HFLR Page 20
	992	+	BOLD FACE denotes Committee Amendments. 1
955	993		2
956	994		3
957	995		4
958	996		5
959	997		6
960	998		7
961	999		8
962	1000		9
963	1001		10
964	1002		11
965	1003		12
966	1004		13
967	1005		14
968	1006		15
969	1007		16
970	1008		17
971	1009		18
972	1010		19
973	1011		20
974	1012		21
975	1013		22
976	1014		23
977	1015		24
978	1016
	1017	+	for services. All expenditures shall be made pursuant to the
	1018	+	Oklahoma Central Purchasing Act;
	1019	+	5. 2. Appoint technical committees to review and recommend for
	1020	+	adoption all building codes. The technical committees shall review
	1021	+	and recommend building codes with any amendments for adoption by the
	1022	+	Commission, receive requests for advisory opinions for
	1023	+	interpretation of any statewide building code adopted pursuant to
	1024	+	this act, evaluate t he requests for appropriateness of need for an
	1025	+	advisory opinion, assign any requests to the appropriate technical
	1026	+	committee requesting participation from entities responsible for the
	1027	+	enforcement of any code involved in the request providing deference
	1028	+	to an entity's previous interpretation and, upon recommendation of a
979	1029		technical committee, issue advisory opinions interpreting the
980	1030		adopted statewide code ; and
981	1031		6. 3. Create a website listing all building codes adopted by
982	1032		the Commission and any advisory opinions issued. The website shall
983	1033		provide a method for listing all codes adopted by a state agency,
984	1034		city or any other political subdivision of the state containing
985	1035		higher standards and requirements than the codes adopted pursuant to
986	1036		the Oklahoma Uniform Building Code Commission Act as required in
987	1037		Section 14-107 of Title 11 of the Oklahoma Statutes.
988	1038		C. After October 1, 2009, the Commission The Construction
989	1039		Industries Board shall account for all receipts and expenditures of
990	1040		the monies of the Commission, including annually preparing and
991		-	publishing a statement of receipts and expenditures of the
992		-	Commission for each fiscal year. The Commission 's annual statement
993		-	of receipts and expenditures shall be audited by the State Auditor
994		-	and Inspector or an independent accounting firm, and the audit
995		-	report shall be certified to the Governor of this state to be true
996		-	and correct, under oath, by the chair and vice -chair of the
997		-	Commission Construction Industries Board .
998		-	SECTION 9. AMENDATORY 59 O.S. 2011, Secti on 1000.25, as
999		-	last amended by Section 4, Chapter 223, O.S.L. 2014 (59 O.S. Supp.
1000		-	2020, Section 1000.25), is amended to read as follows:
1001		-	Section 1000.25 A. The Oklahoma Uniform Building Code
1002		-	Commission shall establish recommend to the Construction Indust ries
1003	1041
1004		-	ENGR. H. B. NO. 1818 Page 21 1
	1042	+	HB1818 HFLR Page 21
	1043	+	BOLD FACE denotes Committee Amendments. 1
1005	1044		2
1006	1045		3
1007	1046		4
1008	1047		5
1009	1048		6
1010	1049		7
1011	1050		8
1012	1051		9
1013	1052		10
1014	1053		11
1015	1054		12
1016	1055		13
1017	1056		14
1018	1057		15
1019	1058		16
1020	1059		17
1021	1060		18
1022	1061		19
1023	1062		20
1024	1063		21
1025	1064		22
1026	1065		23
1027	1066		24
1028	1067
	1068	+	publishing a statement of receipts and expenditures of the
	1069	+	Commission for each fiscal year. The Commission 's annual statement
	1070	+	of receipts and expenditures shall be audited by the State Auditor
	1071	+	and Inspector or an independent account ing firm, and the audit
	1072	+	report shall be certified to the Governor of this state to be true
	1073	+	and correct, under oath, by the chair and vice -chair of the
	1074	+	Commission Construction Industries Board .
	1075	+	SECTION 9. AMENDATORY 59 O.S. 2011, S ection 1000.25, as
	1076	+	last amended by Section 4, Chapter 223, O.S.L. 2014 (59 O.S. Supp.
	1077	+	2020, Section 1000.25), is amended to read as follows:
	1078	+	Section 1000.25 A. The Oklahoma Uniform Building Code
	1079	+	Commission shall establish recommend to the Construction In dustries
1029	1080		Board a system of fees to be charged for the issuance and renewal of
1030	1081		any construction permits issued by any agency, municipality, or
1031	1082		other political subdivision of this state.
1032	1083		B. This provision is subject to the following limitations:
1033	1084		1. No schedule of fees may be established or amended by the
1034	1085		Commission Board except during such times as the Legislature is in
1035	1086		session; provided, the Commission Board may establish or amend a
1036	1087		schedule of fees at a time when the Legislature is not in session if
1037	1088		the fees or schedule of fees has been specifically authorized by the
1038	1089		Legislature pursuant to paragraphs 2 and 3 of this subsection. The
1039	1090		Commission must Board shall follow the procedures required by
1040		-	Article I of the Administrative Procedures Act for adoption of rul es
1041		-	in establishing or amending any such schedule of fees;
1042		-	2. The Commission Board shall charge fees for building permits
1043		-	and renewal of such permits issued by any state agency,
1044		-	municipality, or other political subdivision of this state which
1045		-	authorized work governed by codes within the purview of the
1046		-	Commission Board only within the following ranges:
1047		-	For issuance of permit not to exceed $5.00 $4.00
1048		-	For renewal of permit not to exceed $5.00
1049		-	Fees shall be remitted to the Oklahoma Uniform Building Code
1050		-	Commission Revolving Fund created pursuant to Section 1000.28 of
1051		-	this title within thirty (30) days after the end of the preceding
1052		-	calendar month. The Oklahoma Uniform Building Code Commission shall
1053	1091
1054		-	ENGR. H. B. NO. 1818 Page 22 1
	1092	+	HB1818 HFLR Page 22
	1093	+	BOLD FACE denotes Committee Amendments. 1
1055	1094		2
1056	1095		3
1057	1096		4
1058	1097		5
1059	1098		6
1060	1099		7
1061	1100		8
1062	1101		9
1063	1102		10
1064	1103		11
1065	1104		12
1066	1105		13
1067	1106		14
1068	1107		15
1069	1108		16
1070	1109		17
1071	1110		18
1072	1111		19
1073	1112		20
1074	1113		21
1075	1114		22
1076	1115		23
1077	1116		24
1078	1117
	1118	+	Article I of the Administrative Procedures Act for adoption of rules
	1119	+	in establishing or amending any such schedule of fees;
	1120	+	2. The Commission Board shall charge fees for building permits
	1121	+	and renewal of such permits issued by any state agency,
	1122	+	municipality, or other political subdivision of this state which
	1123	+	authorized work governed by codes within the purview of the
	1124	+	Commission Board only within the following ranges:
	1125	+	For issuance of permit not to exceed $5.00 $4.00
	1126	+	For renewal of permit not to exceed $5.00
	1127	+	Fees shall be remitted to the Oklahoma Uniform Building Code
	1128	+	Commission Revolving Fund created pursuant to Section 1000.28 of
	1129	+	this title within thirty (30) days after the end of the preceding
	1130	+	calendar month. The Oklahoma Uniform Building Code Commission shall
1079	1131		report to the Governor, President Pro Tempore of the Senat e and the
1080	1132		Speaker of the House semiannually its collections for the six (6)
1081	1133		months preceding the report;
1082	1134		3. Fees shall be collected by any state agency, municipality or
1083	1135		other political subdivision issuing construction permits within this
1084	1136		state. The fees shall be deposited in an account created by the
1085	1137		collecting entity for that purpose;
1086	1138		4. The state agency, municipality or other political
1087	1139		subdivision shall remit the monies in the account on a monthly basis
1088	1140		directly to the State Treasury for deposit in the Oklahoma Uniform
1089	1141		Building Code Commission Revolving Fund created pursuant to Section
1090		-	1000.28 of this title. Along with the deposits required by this
1091		-	paragraph, each state agency, municipality or other political
1092		-	subdivision shall also submit a report stating the total amount of
1093		-	funds collected and the total number of fees imposed during the
1094		-	preceding month. The report shall be made on computerized or manual
1095		-	disposition reports as provided by rule of the Commission rules
1096		-	promulgated pursuant to paragraph 1 of subsection A of Section
1097		-	1000.24 of this title ;
1098		-	5. Any state agency, municipality or other political
1099		-	subdivision collecting and remitting fees pursuant to this section
1100		-	may levy a fee up to fifty cents ($0.50) for every construction
1101		-	permit or renewal permit issued. These monies shall be deposited
1102		-	into an account for the sole use of the state agency, municipality
1103	1142
1104		-	ENGR. H. B. NO. 1818 Page 23 1
	1143	+	HB1818 HFLR Page 23
	1144	+	BOLD FACE denotes Committee Amendments. 1
1105	1145		2
1106	1146		3
1107	1147		4
1108	1148		5
1109	1149		6
1110	1150		7
1111	1151		8
1112	1152		9
1113	1153		10
1114	1154		11
1115	1155		12
1116	1156		13
1117	1157		14
1118	1158		15
1119	1159		16
1120	1160		17
1121	1161		18
1122	1162		19
1123	1163		20
1124	1164		21
1125	1165		22
1126	1166		23
1127	1167		24
1128	1168
	1169	+	1000.28 of this title. Along with the deposits required by this
	1170	+	paragraph, each state agency, municipality or other political
	1171	+	subdivision shall also submit a report stat ing the total amount of
	1172	+	funds collected and the total number of fees imposed during the
	1173	+	preceding month. The report shall be made on computerized or manual
	1174	+	disposition reports as provided by rule of the Commission rules
	1175	+	promulgated pursuant to paragraph 1 of subsection A of Section
	1176	+	1000.24 of this title ;
	1177	+	5. Any state agency, municipality or other political
	1178	+	subdivision collecting and remitting fees pursuant to this section
	1179	+	may levy a fee up to fifty cents ($0.50) for every construction
	1180	+	permit or renewal pe rmit issued. These monies shall be deposited
	1181	+	into an account for the sole use of the state agency, municipality
1129	1182		or other political subdivision. The state agency, municipality or
1130	1183		other political subdivision shall state the total amount of funds
1131	1184		collected and the total number of fees imposed to the State Treasury
1132	1185		in the report required by paragraph 4 of this subsection;
1133	1186		6. It shall be the responsibility of the state agency,
1134	1187		municipality or other political subdivision to account for and
1135	1188		ensure the correctne ss and accuracy of payments made to the State
1136	1189		Treasury pursuant to this title;
1137	1190		7. Funds collected by a state agency, municipality or other
1138	1191		political subdivision and remitted to the State Treasury pursuant to
1139	1192		the Oklahoma Uniform Building Code Commission A ct shall be deposited
1140		-	in the Oklahoma Uniform Building Code Commission Revolving Fund and
1141		-	shall be used solely for the purposes of the Oklahoma Uniform
1142		-	Building Code Commission Act ; provided that of the gross permit fees
1143		-	charged, collected and received, ten pe rcent (10%) shall be paid
1144		-	into the General Revenue Fund of the state ; and
1145		-	8. Nothing in this act shall prevent the Oklahoma Uniform
1146		-	Building Code Commission from offering incentives for prompt
1147		-	payment.
1148		-	SECTION 10. AMENDATORY 59 O. S. 2011, Section 1000.28, as
1149		-	amended by Section 273, Chapter 304, O.S.L. 2012 (59 O.S. Supp.
1150		-	2020, Section 1000.28), is amended to read as follows:
1151		-	Section 1000.28 There is hereby created in the State Treasury a
1152		-	revolving fund for the Oklahoma Uniform Bui lding Code Commission to
1153	1193
1154		-	ENGR. H. B. NO. 1818 Page 24 1
	1194	+	HB1818 HFLR Page 24
	1195	+	BOLD FACE denotes Committee Amendments. 1
1155	1196		2
1156	1197		3
1157	1198		4
1158	1199		5
1159	1200		6
1160	1201		7
1161	1202		8
1162	1203		9
1163	1204		10
1164	1205		11
1165	1206		12
1166	1207		13
1167	1208		14
1168	1209		15
1169	1210		16
1170	1211		17
1171	1212		18
1172	1213		19
1173	1214		20
1174	1215		21
1175	1216		22
1176	1217		23
1177	1218		24
1178	1219
	1220	+	in the Oklahoma Uniform Building Code Commission Revolving Fund and
	1221	+	shall be used solely for the purposes of the Oklahoma Uniform
	1222	+	Building Code Commission Act ; provided that of the gross permit fees
	1223	+	charged, collected and received, te n percent (10%) shall be paid
	1224	+	into the General Revenue Fund of the state ; and
	1225	+	8. Nothing in this act shall prevent the Oklahoma Uniform
	1226	+	Building Code Commission from offering incentives for prompt
	1227	+	payment.
	1228	+	SECTION 10. AMENDATORY 5 9 O.S. 2011, Section 1000.28, as
	1229	+	amended by Section 273, Chapter 304, O.S.L. 2012 (59 O.S. Supp.
	1230	+	2020, Section 1000.28), is amended to read as follows:
	1231	+	Section 1000.28 There is hereby created in the State Treasury a
	1232	+	revolving fund for the Oklahoma Uniform Building Code Commission to
1179	1233		be designated the Oklahoma Uniform Building Code Commission
1180	1234		Revolving Fund. The fund shall be a continuous fund, not subject to
1181	1235		fiscal year limitations, and shall consist of all fees or payments
1182	1236		of any type received by the Commission Construction Industries Board
1183	1237		for the purposes outlined in the provisions of the Oklahoma Uniform
1184	1238		Building Code Commission Act . All monies accruing to the credit of
1185	1239		the fund are hereby appropriated and may be budgeted and expended by
1186	1240		the Commission Board for the purpose of implementing and
1187	1241		administering the Oklahoma Uniform Building Code Commission Act.
1188	1242		Expenditures from the fund shall be made upon warrants issued by the
1189	1243		State Treasurer against claims filed as prescribed by law with the
	1244	+
	1245	+	HB1818 HFLR Page 25
	1246	+	BOLD FACE denotes Committee Amendments. 1
	1247	+	2
	1248	+	3
	1249	+	4
	1250	+	5
	1251	+	6
	1252	+	7
	1253	+	8
	1254	+	9
	1255	+	10
	1256	+	11
	1257	+	12
	1258	+	13
	1259	+	14
	1260	+	15
	1261	+	16
	1262	+	17
	1263	+	18
	1264	+	19
	1265	+	20
	1266	+	21
	1267	+	22
	1268	+	23
	1269	+	24
	1270	+
1190	1271		Director of the Office of Management and Enterprise Services for
1191	1272		approval and payment.
1192	1273		SECTION 11. REPEALER 59 O.S. 2011, Sections 1000.26 and
1193	1274		1000.27, are hereby repealed.
1194	1275		SECTION 12. This act shall become effective November 1 , 2021.
1195		-	Passed the House of Representatives the 2nd day of March, 2021.
1196	1276
1197		-
1198		-
1199		-
1200		-	Presiding Officer of the House
1201		-	of Representatives
1202		-
1203		-
1204		-	Passed the Senate the ___ day of __________, 2021.
1205		-
1206		-
1207		-
1208		-
1209		-	Presiding Officer of the Senate
	1277	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
	1278	+	02/24/2021 - DO PASS, As Coauthored.