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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3819 By: Sims of the House
and
Newhouse of the Senate
COMMITTEE SUBSTITUTE
An Act relating to professions and occupations;
defining term; amending 59 O.S. 2021, Sections
1000.22, 1000.23, and 1000.24, as amended by Section
1, Chapter 56, O.S.L. 2023 ( 59 O.S. Supp. 2023,
Section 1000.24), which relate to the Oklahoma
Uniform Building Code Comm ission Act; adding vice-
chair duties; modifying Commission powers and duties;
clarifying who may attend training provided by the
Commission; requiring a workforce development
process; and 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 term "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 said system, design, or project.
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SECTION 2. AMENDATORY 59 O.S. 2021, Section 100 0.22, is
amended to read as follows:
Section 1000.22 1. The Oklahoma Uniform Building Code
Commission shall organize immediately after July 1, 2009, and
annually thereafter, by electing from among its members a chair and
a vice-chair. The Commission sha ll 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 major ity 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 documents, 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:
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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 prescribed in this
act or as may be prescribed by the Commission.
5. The Commission shall comply with the provisions of the
Oklahoma Open Meeting Act, the Oklahoma O pen Records Act and the
Administrative Procedures Act.
6. All members of the Commission and such emplo yees as
determined by the Commission shall be bonded as required by Sections
85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
Statutes.
7. The liability of any member or employee of the Commission
acting within the scope of Commission duties or employmen t 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 shall be reimbursed for all actual and necessary
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expenses incurred in the performance of their duties in accordance
with the State Travel Reimbursement A ct.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is
amended to read as follows:
Section 1000.23 A. The Oklahoma Uniform Buildin g Code
Commission shall have the power and the duty to review and adopt all
building codes for residential and commercial construction t o be
used by all entities within this state. Codes and standards adopted
by the Commission shall be the minimum standar ds for residential and
commercial construction in this state.
B. All public projects shall a bide by such minimum standards
and requirements; provided, nothing in the Oklahoma Uniform Building
Code Commission Act shall prevent or take away from state agenc ies
the authority to enact and enforce requirements containing higher
standards and requireme nts than such 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 mi nimum standards and
requirements.
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D. The Oklahoma Uniform Building Code Commission shall hav e the
power and duty to establish a continuing education training and
certification process for, but not limited to, all residential and
commercial construction industry personnel affected by the codes
adopted by the Commission, building code inspectors officials, and
design professionals. Building trades professio nals may attend
training provided by the Oklahoma Uniform Building Code Commission .
The Commission shall establish regional training for the purpose of
training the county and municipal inspecto rs in the Uniform Building
Code this training regionally . The regional training shall be
offered at no cost to t he participant and shall be funded f rom the
funds received pursuant to Section 1000.25 of this title. Each
inspector operating in this state o n behalf of any state agency or
any municipal or county office may co mplete regional training and be
issued a certification for inspections by the Un iform Building Code
Commission on and after January 1, 2015. The traini ng and
certification applications, qualifications and procedures shall be
promulgated by rules of the Co mmission. The Commission may
establish forms and procedures to implement and ad minister 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 offici als.
E. The Commission shall establish a workforce development
process with the purpose of increasing the number of available code
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officials in Oklahom a. Individuals may complete regional training
and be issued a certification for inspections by the Unif orm
Building Code Commission. The training and certification
applications, qualifications, and procedures shall be promulgated by
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 amende d 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 Commission , pursuant
to the provisions of, or rules promulgated pursuant to, the Oklahoma
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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.
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 to,
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 othe r political
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subdivision of the state containing higher standards and
requirements than the codes adopted pursuant to the Oklahoma Uniform
Building Code Commission Act as required in Section 14-107 of Title
11 of the Oklahoma Statutes.
C. After October 1, 2009, the Commission 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 receipts 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 correct, 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 requir ing 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.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND CO MMERCE, dated
02/28/2024 - DO PASS, As Amended and Coauthored.