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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2556 By: McBride
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 1000.2, 1000.3,
1000.6, 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. 20 21, Sections 1000.21,
1000.22, 1000.23, 1000.24, 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.
2021, Sections 1000.26 and 1000.27, which relate to
the Chief Executive Officer and legal advisor to the
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. 2021, Se ction 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
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plumbing, electrical and mechanical trades, the building a nd
construction inspectors, home inspectors, and the roofing
contractors and implement and administer the Oklahoma Uniform
Building Code Commission Act through the powers and dutie s 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 Go vernor 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,
b. two members shall have at least ten (10) years '
experience in the electrical trade, of which one sh all
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 an d one shall be a
mechanical journeyman, and
d. one member shall have at least ten (10) years '
experience as a building and construction inspector.
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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 vacanci es and 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 th e Governor at any time.
SECTION 2. AMENDATORY 59 O.S. 2021, 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 amon g 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
meetings, or continued or reconvened meetings as foun d 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 Bo ard
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 chai r and shall perform such other
duties as may be presc ribed by the Board or authorized by law.
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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 appro priate 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 di sbursements for the prior
fiscal year, showing the am ount 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.
B. The Board shall act in acco rdance with the provisions of the
Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the
Administrative Procedures Act.
C. All members of the Board and such employees as de termined 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 S tatutes.
D. The liability of any member or em ployee of the Board acting
within the scope of Board duties or employment shall be go verned by
The Governmental Tort Claims Act.
E. Members of the Board sha ll serve without compensation but
shall be reimbursed for all actual and necessary expenses incurre d
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in the performance of their duties in accordance with the State
Travel Reimbursement Act.
SECTION 3. AMENDATORY 59 O.S. 2021, Sec tion 1000.4, is
amended to read as follows:
Section 1000.4 A. 1. Pursuant to and in comp liance 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 t he Board shall be reviewed and approved as
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 Ac t, 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 Code Commissi on 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 Plumbing License La w
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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, but not limit ed to,
performing inspections of licenses, registratio ns, endorsements and
construction sites not otherwise subject to code inspection for
compliance with statewide adopted building codes applicable to the
trades licensed by the Board ;
2. Serve as a code variance and appeals board for the trades
and industries it regulates which do not have statuto ry code
variance and appeals boards;
3. Order or subpoena the attendance of witnesses, the
inspection of records and premises, and the production of relevant
books and papers for the investigation of m atters that may come
before the Board;
4. Initiate disciplinary proceedings, request prosec ution 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;
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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 Licensi ng Act and the Roofing
Contractor Registration Act; pr ovided, 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 pi peline companies, gas processing
companies, rural elec tric associations, municipal utilities or their
subsidiaries, chemical plants, gas processing plants or petroleum
refineries where the entity uses their employees or contractors to
work on their own fac ilities or equipment;
7. Direct such other expenditur es 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 expenditures shall be made pursuant to the
Oklahoma Central Purchasing Act; and
8. Enforce provisions of the plum bing, electrical and
mechanical codes as adopted by the Oklahoma Uniform Building Code
Commission pursuant to the Oklahoma Uniform Building Code Commission
Act.
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C. The Board shall account for all receipts and expendit ures of
the monies of the Board, inclu ding annually preparing and publishing
a statement of receipts and expenditures of the Board for each
fiscal year. The Board 's annual statement of receipts and
expenditures shall be audited by the State Auditor and In spector or
an independent accounting f irm 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 the Governor o f this
state to be true and correct, under oath, by th e 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 rela ting to
business, labor and construction industry lice nsing or regulation
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, pena lties 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 assessed for any v iolation of law or rule
shall be automatically reviewe d 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
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present to the Board a writte n 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 each case at t he 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 c ontinued by the Board after
being placed on an agenda for final Board review, except with th e
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.
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 aut horized 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 fees to
the prevailing party.
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SECTION 4. AMENDATORY 59 O.S. 2021, 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 Construction
Industries Board shall hire a Construction Industries Board
Administrator. The Construction Industri es 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.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 1000.21, is
amended to read as follows:
Section 1000.21 A. 1. There is here by created the Oklahoma
Uniform Building Code Commission within the Construction Industries
Board which. The Construction Industries Board is authorized to
administer the Oklah oma 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 thereto. The Oklahoma
Uniform Building Code Commission shall consist of thirteen (13)
members, eleven of whom shall be appointed by the Governor with the
advice and consent of the Senate as follows:
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a. one member who is a general contractor from a
statewide organization that represents resident ial
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 contractors,
d. one member who is a contractor from a statewide
organization that represents plumbing contractors ,
e. one member who is a contractor from a statewide
organization that represents heating and cooling
contractors,
f. one member who is a licensed electrical engineer from
a state-recognized professional engineering firm,
g. 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 st atutory functions for
municipalities for at least fifteen (15) years prior
to November 1, 2005,
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h. one member who is a Certified Building Official
employed by a political subdiv ision,
i. one member who is a licensed architect from a
statewide organization that represents architects,
j. one member who is from the insurance industry with
knowledge of building codes and experience in property
loss mitigation, and
k. one member who is a licensed mechanical engineer from
a state-recognized professional engineeri ng firm.
2. The members shall be appoint ed for staggered terms of four
(4) years. The initial appointment of the members added by this act
shall be made within ninety (90) day s of the effective date of this
act. A full term of office for purposes of det ermining term limits
provided in subsecti on C of this section shall be the completion of
a full four-year term of appointment.
B. The remaining two members of the Commission sh all 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 s hall serve more than two consecutive full four -
year terms; provided, such a mem ber 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
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vacancies and unexpired terms in the same 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 purposes 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, regul ar and
special, held within any period of twelve (12) consecutive months,
the member shall thereupon cease to hold offic e by operation of law.
SECTION 6. AMENDATORY 59 O.S. 20 21, 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
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 spec ial
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.
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2. B. The chair shall preside at meeti ngs 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 t he 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 Building 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
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 prescri bed in this
act or as may be presc ribed 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 Act.
6. D. All members of the Commission and such employees as
determined by the Commission shall be bonded as required by Sections
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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 Commis sion 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 actua l and necessary
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
SECTION 7. AMENDATORY 59 O.S. 2021, 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
prescribe standards and practices pursuant to this act by reviewing
and adopting all building codes for residential and commerc ial
construction to be used by all entities within this state. Codes
and standards adopted by the Commission shall be the minimum
standards for residential and commercial construction in this state.
B. All public projects shall abide by such minimum stan dards
and requirements; provid ed, nothing in the Oklahoma Unifo rm Building
Code Commission Act shall prevent or take away from state agencies
the authority to enact and enforce requirements containing higher
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standards and requirements than such minimum sta ndards and
requirements.
C. Municipalities and other political subdivisions shall abide
by such minimum standards and requirements; provided, nothing in the
Oklahoma Uniform Building Code Commission Act shall prevent or take
away from such municipalities and other political subdivisio ns the
authority to enact and enf orce requirements containing higher
standards and requirements than such minimum standards 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 procedures for prelicensing
inspector training and other inspector training that enhances the
education of building and construction inspec tors; provided, the
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 comm ittee that develops any program
or curriculum, and recommends to the Construction Industries Board
proposed administrative rules set ting forth any standards and
procedures to be adopted pursuant to paragraph 1 of subsection A of
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Section 1000.24 of this title . The Commission shall establish
regional prelicensing training on a regional basis for the purpose
of training the county and mu nicipal 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 along with any books or
materials as may be determined necessary by the Board when fu nds are
available 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 standards, qualifications and application
procedures for the instructor, provider, if a nonstate gover nmental
entity, and the inspector trainee appl ications 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 sect ion.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 1000.24, is
amended to read as follows:
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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 Boa rd shall have the power to adopt, amend,
repeal and promulgate rules as may be necessary to perform the
duties required under the Oklahoma Uniform Building Code Commission
Act; provided that all rules pertaining to adoption of st atewide
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 altered by the Construction
Industries Board, so that the Oklahoma Uniform Buildin g Code
Commission retains a nd has the full, unaltered authority to review,
revise and adopt the statewide building codes , with any
administrative services needed in the administrative rules process
to be provided by administrative staff of the Construction
Industries Board. Rules authorized under this section shall not
become effective prior t o October 1, 2009.
2. Beginning October 1, 2009, the Commission shall have the
power to enforce the provisions of the O klahoma Uniform Building
Code Commission Act.
3. Any codes adopted by st ate agencies, municipalities or other
political subdivisions of the state prior to uniform codes being
adopted by the Oklahoma Uniform Building Code Commission, pursuant
to the provisions of, or rules promulgated pursuant to, the Oklahoma
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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 C ommission shall have the
following powers:
1. Exercise all incidental po wers and duties which are
necessary to effectuate the provision s of the Oklahoma Uniform
Building Code Commission Act;
2. Adopt and have an official seal;
3. Maintain an administrat ive staff, including, but not limited
to, an Oklahoma Uniform Building Co de Commission Chief Executive
Officer;
4. Direct such other ex penditures as may be necessary in the
performance of its duties, including, but not limited to,
expenditures for office space, equipment, furnishings and contracts
for services. All expenditur es shall be made pursuant to the
Oklahoma Central Purchasing Ac t;
5. 2. Appoint technical committees to review and recommend for
adoption all building codes. The technical committee s shall review
and recommend building codes wi th any amendments for adopt ion by the
Commission, receive requests for advisory opinions f or
interpretation of any statewide building code adopted pursuant to
this act, evaluate the requests for appropriateness of need for an
advisory opinion, assign any r equests to the appropriate technical
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committee requesting participation from entities resp onsible for the
enforcement of any code involved in the request providing deference
to an entity's previous interpretati on and, upon recommendation of a
technical committee, issue advisory opin ions 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 require d in
Section 14-107 of Title 11 of the Oklahom a 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
publishing a statement of receipts and expenditures of the
Commission for each fi scal year. The Commission 's annual statement
of receipts and expenditures shall be audited by the State Auditor
and Inspector or an independent accounting firm, and the audit
report shall be certified to the Governor of this sta te 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. 2021, Section 1000.25, is
amended to read as follows:
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Section 1000.25 A. The Oklahoma Uniform Building Code
Commission shall establish recommend to the Construction Indust ries
Board a system of fees to be charged for the issuance and renewal of
any construction permits i ssued by any agency, municipality, or
other political subdivision o f 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 Legis lature 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
Article I of the Administrative Procedures Act for adoption of rul es
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 sta te 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 permi t 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
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this title within thirty (30) days after the end of the preced ing
calendar month. The Oklahoma Uniform Buil ding Code Commission shall
report to the Governor, President Pro Tempore of the Senate an d the
Speaker of the House semiannually its collections for the six (6)
months preceding the report;
3. Fees shall be co llected by any state agency, municipality or
other political subdivision issuing construction permits within this
state. The fees shal l be deposited in an account created by the
collecting entity for that purpose;
4. The state agency , municipality or oth er political
subdivision shall remit the monie s in the account on a monthly basis
directly to the State Treasury for deposit in the Okl ahoma Uniform
Building Code Commission Revolving Fund created pursuant to Section
1000.28 of this title. Along with the deposits required by this
paragraph, each stat e agency, municipality or other political
subdivision shall also submit a report stating 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 collecti ng and remitting fees pursuant to this section
may levy a fee up to fifty cents ($0.50) for every construction
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permit or renewal permit issued. These monies shall be deposited
into an account for the sole use of the state agency, muni cipality
or other political subdivision. The state agency, municip ality 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 correctness a nd accuracy of payments made to the State
Treasury pursuant to this title;
7. Funds collected by a state agency, municip ality or other
political subdivision and remit ted to the State Treasury pursuant to
the Oklahoma Uniform Building Code Commission Act s hall be deposited
in the Oklahoma Uniform Building Code Commission Revolving Fund and
shall be used solely for the purpos es of the Oklahoma Uniform
Building Code Commission Act; provided that of the gross permit fees
charged, collected and received, ten pe rcent (10%) shall be paid
into the General Revenue Fund of the state ; and
8. Nothing in this act sh all prevent the Oklah oma Uniform
Building Code Commission from offe ring incentives for prompt
payment.
SECTION 10. AMENDATORY 59 O. S. 2021, Section 1000.28, is
amended to read as follows:
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Section 1000.28 There is hereby created in the State Treasury a
revolving fund for the Oklahoma Uniform Build ing 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 Oklah oma Uniform
Building Code Commission Act . All monies accruing to the credit of
the fund are hereby appropriated and may b e budgeted and expended by
the Commission Board for the purpose of implementing and
administering the Oklahoma Uniform Building Code C ommission Act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 11. REPEALER 59 O.S. 20 21, Sections 1000.26 and
1000.27, are hereby repealed.
SECTION 12. This act shall become effective November 1, 2023.
59-1-5177 LRB 01/07/23