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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3819 By: Sims
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 1000.22, 1000.23, and
1000.24, as amended by Section 1, Cha pter 56, O.S.L.
2023 (59 O.S. Supp. 2023, Section 1000.24) , which
relate to the Oklahoma Uniform Building Code
Commission Act; creating definitions; adding vi ce-
chair duties; modifying Commission powers and duties;
requiring a workforce development process ; creating
energy payback requirements .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1000.20a of Title 59, unless
there is created a duplication in numbering, reads as follows:
The words "payback period", when used in this act, shall mean
the amount of time a system, design, or project takes to generate
the amount of energy used to produce the said system , design, or
project.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.22, is
amended to read as follows:
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Section 1000.22 1. The Oklahoma Uniform Building Code
Commission shall organize immediately after July 1, 2009, and
annually thereafter, by e lecting from among its members a chair and
a vice-chair. The Commission shall hold regularly scheduled
meetings at least on ce each quarter at a time and place determined
by the Commission and may hold such special meetings, em ergency
meetings or continued or reconvened meetings as found by the
Commission to be necessary. A majority of the members of the
Commission shall const itute a quorum for the transaction of
business.
2. The chair shall preside at meetings of the Commissi on, set
the agenda, including any agenda items provided by the vice -chair,
sign orders and other required do cuments, coordinate Commission
activities and perform such other duties as may be prescribed by the
Commission.
3. The vice-chair shall perform the duties of the chair during
the absence or disability of the chair , may set items on the agenda,
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 d iscretion of the Commission, shall:
a. keep a record of all proceedings of the Commission and
certify to actions of the Commission,
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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 o f 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 prescribed in this
act or as may be prescr ibed by the Commission.
5. The Commission shall comply with the provisions of the
Oklahoma Open Meeting Act, the Oklahoma O pen Records Act and the
Administrative Proce dures Act.
6. All members of the Commission and such emplo yees as
determined by the Com mission shall be bonded as required by Sections
85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
Statutes.
7. The liability of any member or employee of the Commission
acting within the scope of Commission duties or employment shall be
governed by The Governmental Tort Claims Act.
8. Members of the Oklahoma Uniform Building Code Commission and
members of all technical committees shall serve without
compensation, but sha ll be reimbursed for all actual and necessary
expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement Act.
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SECTION 3. 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 all
building codes for residentia l and commercial construction t o be
used by all entities within this state. Codes and standards adopted
by the Commission shall be the minimum standards for residentia l and
commercial construction in this state.
B. All public projects shall abide by such minimum standards
and requirements; provided, nothing in the Oklahoma Uniform Building
Code Commission Act shall prevent or take away from state agencies
the authority to enact and enforce requirements containing higher
standards and requirements than suc h minimum standards and
requirements.
C. Municipalities and other political subdivisions shall abide
by such minimum standards and req uirements; provided, nothing in the
Oklahoma Uniform Building Code Commission Act shall prevent or take
away from such municipalities and other politica l subdivisions the
authority to enact and enforce requirements containing hig her
standards and requirements than such minimum standards a nd
requirements.
D. The Oklahoma Uniform Building Code Commission shall have the
power and duty to establish a continuing education training and
certification process for all residential and comm ercial
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construction industry personnel affected by the codes adopted by the
Commission, building code inspectors code officials, design
professionals, and building trades workers. The Commission shall
establish regional training for the purpose of trainin g the county
and municipal inspectors in the Uniform Buildin g Code this training
regionally. The regional training shall be offered at no cost to
the participant and shall be funded f rom the funds received pursuant
to Section 1000.25 of this title. Each inspector operating in this
state on behalf of any state age ncy or any municipal or county
office may complete regio nal training and be issued a cer tification
for inspections by the Un iform Building Code Commission on and after
January 1, 2015. The traini ng and certification applications,
qualifications and proced ures shall be promulgated by rules of the
Commission. The Commission may establish form s and procedures to
implement and administer the provisions of this section A fee,
limited to any cost direc tly associated with the class , may be
assessed to all participants other than state licensed code
officials.
E. The Commission shall establish a workforce development
process with the purpose of increasing the number of available code
officials in Oklahom a. Individuals may complete regional training
and be issued a certification for inspections by the Uniform
Building Code Commission . The training and certification
applications, qualifications and procedures shall be promulgated by
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rules of the Commission . The Commission may establish forms and
procedures to implement and administer the provisions of this
section.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.24, as
amended by Section 1, Chapter 56, O.S.L. 2023 (59 O.S. Supp. 2023,
Section 1000.24), is amended to read as follows:
Section 1000.24 A. 1. Beginning July 1, 2009, pursuant to and
in compliance with Article I of the Administrative Procedures Act,
the Oklahoma Uniform Building Code Commis sion 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. Rules authorized under this section shall not
become effective prior to Octo ber 1, 2009.
2. Beginning October 1, 2009, the Commission shall have the
power to enforce the provisions of the Oklahoma Uniform Building
Code Commission Act.
3. Any codes adopted by state agencies, municipalities or other
political subdivisions of the s tate prior to uniform codes being
adopted by the Oklahoma Uniform Building Code Commiss ion, pursuant
to the provisions of, or rules promulgated pursuant to, the Oklahoma
Uniform Building Code Commi ssion Act, shall be considered valid and
in effect until uniform codes are adopted by the Oklahoma Uniform
Building Code Commission.
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B. The Oklahoma Uniform Building Code Commission shall have the
following powers:
1. Exercise all incidental powers and duties which are
necessary to effectuate the provisions of the Oklahoma Uniform
Building Code Commission Act;
2. Adopt and have an official seal;
3. Maintain an administrative staff , including, but not limited
to, an Oklahoma Uniform Building Code Com mission Chief Executive
Officer;
4. Direct such other expendit ures as may be necessary in the
performance of its duties, including, but not limited t o,
expenditures for office space, equipment, furnishings and contracts
for services. All expenditures shall be made pursuant to the
Oklahoma Central Purchasing Act ;
5. Appoint technical committees to review and recommend for
adoption all building codes . The technical committees shall review
and recommend building codes with any amendments f or adoption by the
Commission; and
6. Create a website listing all building codes adopted by the
Commission. The website shall provide a method for listing all
codes adopted by a state agency, city or any other political
subdivision of the st ate containing higher standards and
requirements than the codes adopted pursuant to the Oklahoma Uniform
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Building Code Commission Act as required in Section 14-107 of Title
11 of the Oklahoma Statutes.
C. After October 1, 2009, the Commission shall account for all
receipts and expenditures of the moni es of the Commission, including
annually preparing and publishing a statement of receipts and
expenditures of the Commission for each fiscal year. The
Commission's annual statement of rec eipts and expenditures shall be
audited by the State Auditor and Ins pector or an independent
accounting firm, and the audit report shall be certified to the
Governor of this state to be true and corre ct, under oath, by the
chair and vice-chair of the Commission.
D. Any amendments or modifications to the currently adopted
state codes shall be forwarded to the Ok lahoma Uniform Building Code
Commission for considera tion.
E. 1. The Commission shall promulgate rules requiring all
proposed energy building codes or amendments to include:
a. A payback period analysis, or
b. A statement explaining why a payback period is not
applicable to the proposed energy code o r amendment.
2. The Commission shall not adopt any proposed energy code or
amendment that does not have a payback period of seven (7) years o r
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less unless a payback period does not apply to the proposed code
or amendment.
59-2-8938 SW 01/10/24