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SENATE FLOOR VERSION
April 1, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3819 By: Sims of the House
and
Newhouse of the Senate
An Act relating to professions and occupations;
defining term; amending 59 O.S. 2021, Sections
1000.22, 1000.23, and 10 00.24, 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 Commission Act; adding vice -
chair duties; modifying Commission powers and duties;
clarifying who may attend tr aining provided by the
Commission; and creating energy payback requirements;
and providing for codification.
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.
SECTION 2. AMENDATORY 5 9 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 immed iately after July 1, 2009, and
annually thereafter, by electing 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 hol d such special meetings, emergency
meetings or continued or reconvened meetings as found by the
Commission to be necessary. A majority of the members of the
Commission shall constitute a quorum for the transaction of
business.
2. The chair shall preside at meetings of the Commission, 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 discretion 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 re volving 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 Open Records Act and the
Administrative Procedures Act.
6. All members of th e Commission and such employees as
determined by the Commission shall be bonded as required by Sections
85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
Statutes.
7. 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 shall be reimbursed f or 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 residential and commercial construction to be
used by all entities within this state. Codes and standards adopted
by the Commission shall be the minimum standards for residential 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 shal l prevent or take away from state agencies
the authority to enact and enforce requirements containing higher
standards and requirements than such minimum standards and
requirements.
C. Municipalities and other political subdivisions shall abide
by such minimum standards and requirements; provided, nothing in the
Oklahoma Uniform Building Code Commission Act sha ll prevent or take
away from such municipalities and other political subdivisions the
authority to enact and enforce requirements containing higher
standards and requirements than such minimum standards and
requirements.
D. The Oklahoma Uniform Building Code Commission shall have the
power and duty to establish a continuing education training and
certification process for, but not limited to, all residential and
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commercial construction industry personnel affected by the codes
adopted by the Commission, building code inspectors officials, and
design professionals. Building trades professionals may attend
training provided by the Oklahoma Uniform Build ing Code Commission.
The Commission shall establish regional training for the purpose of
training the county and municipal inspectors in the Uniform Building
Code this training regionally . The regional training shall be
offered at no cost to the particip ant 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 regional training and be
issued a certification for inspections by the Uniform Building Code
Commission on and after January 1, 2015. The training and
certification applications, qualifications and procedures shall be
promulgated by rules of the Commission. The Commission may
establish forms and proce dures 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 f ollows:
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 Commission shall have the power
to adopt, amend, repeal and promulgate rules as m ay be necessary to
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perform the duties required under the Oklahoma Uniform Building Code
Commission Act. Rul es authorized under this section shall not
become effective prior to October 1, 2009.
2. Beginning October 1, 2009, the Commission shall have the
power to enforce the provisions of the Oklahoma Uniform Building
Code Commission Act.
3. Any codes adopted by state agencies, municipalities or other
political subdivisions of the state prior to uniform codes being
adopted by the Oklahoma Uniform Building Code Commission, pursuant
to the provisions of, or rules promulgated pursuant to, the Oklahoma
Uniform Building Code Commission Act, shall be considered valid and
in effect until uniform codes are adopted by the Oklahoma Uniform
Building Code Commission.
B. The Oklahoma Uniform Building Code Commission shall have the
following powers:
1. Exercise all incidental powers and duties which are
necessary to effectuate the provisions of the Oklahoma Uniform
Building Code Commission Act;
2. Adopt and have an off icial seal;
3. Maintain an administrative staff, including, but not limited
to, an Oklahoma Uniform Buildin g Code Commission Chief Executive
Officer;
4. Direct such other expenditures as may be necessary in the
performance of its duties, including, but n ot limited to,
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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 for adop tion by the
Commission; and
6. Create a website listing all building codes adopted by the
Commission. The website shall provide a method for listi ng all
codes adopted by a state agency, city or any other political
subdivision of the state containing higher standards and
requirements than the codes adopted pursuant to the Oklahoma Uniform
Building Code Commission Act as required in Section 14 -107 of Title
11 of the Oklahoma Statutes.
C. After October 1, 2009, the Commission 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 Commis sion for each fiscal year. The
Commission's annual statement of receipts and expenditures shall be
audited by the State Auditor and Inspector or an independent
accounting firm, and the audit report shall be certified to the
Governor of this state to be tr ue and correct, under oath, by the
chair and vice-chair of the Commission.
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D. Any amendments or modificatio ns to the currently adopted
state codes shall be forwarded to the Oklahoma Uniform Building Code
Commission for consideration.
E. 1. The Commissio n shall promulgate rules for residential
single-family construction 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 ene rgy code or amendment.
2. The Commission shall not adopt any proposed energy code or
amendment for residential single-family construction that does not
have a payback period of seven (7) years or less unless a payback
period does not apply to the proposed code or amendment.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 1, 2024 - DO PASS AS AMENDED