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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1628 By: Sneed
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 1151.2a, which relates
to the Construction Industries Board ; authorizing the
Construction Industries Board to administer and
enforce residential roofer endorsement provisions;
amending 59 O.S. 2021, Section 1151.5, which relates
to roofing contractor registration ; modifying various
requirements to obtain a roofing contractor license;
amending 59 O.S. 2021, Section 1151.8, which relates
to registration fees; modifying registration fees;
establishing the residential roofer endorsement
examination; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1151.2a, is
amended to read as follows:
Section 1151.2a. A. The Construction Industries Board is
authorized to administer and e nforce the Roofing Contractor
Registration Act.
B. 1. The Construction Indus tries Board is authorized to
administer and enforce the commercial roofer endorsement provisions
of the Roofing Contractor Registration Act.
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2. The Construction Industries Board shall have the authority
to administer and enforce the provisions of the commercial roofer
endorsement provisions of the Roofing Contractor Registration Act,
including the authority to:
a. establish the examination and continuing education
requirements and procedures for endorsements of
persons desiring or intending to engage in th e
business or trade of a commercial roofing contractor
with the advice and input from the Committee of
Roofing Examiners using assistance from a third -party
vendor as necessary a nd appropriate,
b. establish and enforce the minimum standards of
commercial roofer endorsements in this state and rules
promulgated pursuant to the commercial roofer
endorsement provisions of the Roofing Contractor
Registration Act with the advice and inp ut from the
Committee of Roofing Examiners,
c. promulgate, prescribe, amend, a nd repeal rules
necessary to implement the provisions of the
commercial roofer endorsement of the Roofing
Contractor Registration Act with the advice and input
from the Committee of Roofing Examiners,
d. issue, renew, suspend, revoke, modify or deny
endorsements to engage in commercial roofing
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contractor work pursuant to the Roofing Contractor
Registration Act,
e. conduct investigations for the purpose of inspecting
commercial roofer endorsements for compliance with the
commercial roofer endorsement provisi ons of the
Roofing Contractor Registration Act, and of the rules
of the Board promulgated pursuant thereto, into the
qualifications of applicants and allegations of
violations,
f. establish and levy administrative fines against any
person who violates any of the provisions of the
commercial roofer endorsement standards of the Roofing
Contractor Registration Act or any rule promulgated
pursuant thereto, not to exceed five percent ( 5%) of
the commercial job. For any residential job on a
first violation the B oard may issue a warning; on any
second violation levy and administrative fine not to
exceed Five Hundred Dollars ($500.00); on a third
violation, levy an administrative fine not to exceed
Three Thousand Five Hundred Dollars ($3,500.00); and
for any subsequent violation, revoke the registration
and commercial roofer endorsement,
g. initiate disciplinary proceedings and provide hearings
on any person who violates any of the provisi ons of
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the commercial roofer endorsement standards of the
Roofing Contractor R egistration Act or any rule
promulgated pursuant thereto,
h. request prosecution of and initiate injunctive
proceedings against any person who violates any of the
provisions of the commercial roofers endorsement in
the Roofing Contractor Registration Act or any rule
promulgated pursuant to the commercial roofer
endorsement of the Roofing Contractor Registration
Act, and
i. exercise all incidental powers as necessary and proper
to implement and enforce the provisions of the
commercial roofer endorsement of t he Roofing
Contractor Registration Act and the rules promulgated
pursuant thereto.
C. 1. The Construction Industries Board is authorized to
administer and enforce the residenti al roofer endorsement provisions
of the Roofing Contractor Registration Act.
2. The Construction Industries Board shall have the authority
to administer and enforce the provisions of the residential roofer
endorsement provisions of the Roofing Contractor Registration Act,
including the authority to:
a. establish the examination and continuing education
requirements and procedures for endorsements of
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persons desiring or intending to engage in the
business or trade of a residential roofing contractor
with the advice and input from the Committee of
Roofing Examiners using assistance from a third -party
vendor as necessary and appropriate,
b. establish and enforce the minimum standards of
residential roofer endorsements in this state and
rules promulgated pursua nt to the residential roofer
endorsement provisions of the Roofing Contractor
Registration Act with the advice and input from the
Committee of Roofing Examiners,
c. promulgate, prescribe, amend, and repeal rules
necessary to implement the provisions of the
residential roofer endorsement of the Roofing
Contractor Registration Act with the advice and input
from the Committee of Roofing Examiners,
d. issue, renew, suspend, revoke, modify , or deny
endorsements to engage in residential roofing
contractor work pursuant to the Roofing Contractor
Registration Act,
e. conduct investigations f or the purpose of inspecting
residential roofer endorsements for compliance with
the commercial roofer endorsement provisions of the
Roofing Contractor Registration Act, and of t he rules
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of the Board promulgated pursuant thereto, into the
qualifications of applicants and allegations of
violations,
f. establish and levy administrative fines against any
person who violates any of the provisions of the
residential roofer endorsement standards of the
Roofing Contractor Registration Act or any rule
promulgated pursuant thereto. For any residential
job, on a first violation , the Board may issue a
warning; on any second violation , levy an
administrative fine not to exceed Five Hundred Do llars
($500.00); on a third violation, levy an
administrative fine not to exceed Three Thousand Five
Hundred Dollars ($3,500.00); and for any subsequent
violation, revoke the registration and residential
roofer endorsement,
g. initiate disciplinary proceed ings and provide hearings
on any person who violates any of the provisions of
the residential roofer endorsement standards of the
Roofing Contractor Registration Act or any rule
promulgated pursuant thereto,
h. request prosecution of and initiate injunctiv e
proceedings against any person who violates any of the
provisions of the residential roofers endorsement in
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the Roofing Contractor Registration Act or any rule
promulgated pursuant to the residential roofer
endorsement of the Roofing Contractor Registrat ion
Act, and
i. exercise all incidental powers as necessary and proper
to implement and enforce the provisions of the
residential roofer endorsement of the Roofing
Contractor Registration Act and the rules promulgated
pursuant thereto.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1151.5, is
amended to read as follows:
Section 1151.5. A. Applications for registration shall be made
to the Construction Industries Board in writing on forms approved
and provided by the Board and shall be accompanied by the proper
fee.
B. An applicant or qualifying party whose r egistration is
denied, or the person has a conviction, or pled guilty or nolo
contendere to a misdemeanor, or otherwise fails to meet the
requirements of application, may obtain a hearing before the
Committee of Roofing Examiners in order to provide information in
support of the application requirements and any other information
showing the applicant's ability and willingness to comply with the
requirements of the Roofing Contract or Registration Act, and to
protect the public health, safety and welfare.
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C. To obtain a roofing contractor registration under the
Roofing Contractor Registration Act, a qualifying party who is
eighteen (18) years of age or older shall submit, on forms t he
registrar prescribes:
1. An application under oath containing a statement:
a. of the qualifying party's experience and
qualifications as a roofing contractor, if any,
b. that the qualifying party desires the issuance of a
roofing contractor registratio n certificate,
c. that the qualifying party has read the Roofing
Contractor Registration Act and will comply with the
provisions of the Roofing Contractor Registration Act
and rules,
d. that the qualifying party will comply with state laws
and local ordinances relating to standards and
permits,
e. that the qualifying party has or has not been
registered or licensed as a roofing contractor in
another state and whether any disciplinary action has
been taken against such registration or license and
whether it is currently in good standing, and
f. that the nonresident qualifying party ap points the
Secretary of State as legal service agent for all
lawful process to be served upon the applicant for
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work performed in this state or as otherwise provided
in the Roofing Contractor Registration Act;
2. The qualifying party's name, physical address and proof
thereof, business name, telephone number, address and place of
incorporation, if different, information on any other person who
will be authorized to act as the bus iness entity, and the
applicant's phone telephone number, if different;
3. The entity's federal tax ID number, or the employer's or
owner's or qualifying party's social security Social Security
number, and the employer's account number assigned by the Oklahoma
Employment Security Commission. The social security Social Security
number information shall remain with the registrar as confidential
and privileged except for necessary disclosures to state agencies to
verify compliance with requirements with this act, or upon request
by law enforcement; and
4. A copy of the roofing contra ctor's certificate of liability
insurance shall be filed with the application and shall be not less
than Five Hundred Thousand Dollars ($500,000.00) for residential
roofing contractor work and shall not be less than One Million
Dollars ($1,000,000.00) for commercial roofing contractor work.
Additionally, the Construction Industry Board and the Oklahoma
Roofing Contractors Association must be listed as a certificate
holder. Any insurance company issuing a liability policy to a
roofing contractor pursuant t o the provisions of the Roofing
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Contractor Registration Act shall be required to notify the
Construction Industries Board in the event such liability policy is
cancelled for any reason or lapses for nonpayment of premiums. All
registrations granted under the Roofing Contractor Registration Act
shall be suspended on the date of the policy cancellation. The
registrar must receive proof of insurance prior to restoring the
registration.
In addition, the roofing contractor shall submit proof that the
contractor has secured workers' compensation coverage satisfactory
under the Workers' Compensation Act, or an affidavit of exemption or
self-insurance as authorized pursuant to the Worker s' Compensation
Act. If the registrar deems it appropriate or necessary, the
registrar may also require other information to be included on the
application form to assist the registrar in registering the person
as a contractor.
D. The qualifying party ap plying for a commercial roofer
endorsement must provide information on the leg al entity, including
but not limited to the articles, organizational agreements or
documents establishing the legal entity, including a list of the
officers, members, managers, p artners, or other managing agents of
the legal entity. The qualifying party shall also provide a
certificate of good standing or a trade name report from the Office
of the Secretary of State.
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E. The registrar shall refuse to register any person if the
registrar determines:
1. The application contains false, misleading, or incompl ete
information;
2. The applicant fails to provide a certificate of good
standing or a trade name report from the Office of the Secretary of
State;
3. The applicant, qualifying party, or any member of the legal
entity fails or refuses to provide any information requested by the
registrar;
4. The applicant fails or refuses to pay the required fees;
5. The applicant, qualifying party, or owner or officer or
managing member of th e legal entity is ineligible for registration
due to a suspended or revoked re gistration in this state;
6. The nonresident applicant has a revoked or suspended
registration or license required by law for roofing contractors in
another state; or
7. The applicant, qualifying party, or legal entity has failed
or refuses to submit any taxes due in this state.
F. The registrar shall notify the applicant in writing if the
registrar denies a registration or renewal certificate, and shall
provide the applicant a n opportunity to respond to or cure any
defect in the written application or r enewal for a period of ten
(10) days from the date of the written notification. An applicant
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aggrieved by a decision of the registrar denying a registration or
renewal may appeal the decision as provided in the Roofing
Contractor Registration Act, the Construction Industries Board Act,
or the Administrative Procedures Act, or the applicant may reapply
after a ninety-day waiting period, if otherwise eligible under the
provisions of the Roofing Contractor Registration Act. The
application and renewal fees s hall not be refundable.
G. The registrar shall classify as not in good standing the
registration of any roofing contractor who fails to:
1. Maintain liability insurance coverag e;
2. Maintain workers' compensation coverage satisfactory under
the Workers' Compensation Act, or provide an affidavit of exemption
or self-insurance as authorized pursuant to the Workers'
Compensation Act;
3. File, renew, or properly amend any fictitio us name
certificate;
4. Maintain an active status of a corporation or registr ation
as a foreign corporation, a limited liability company or
registration as a foreign limited liability company, a limited
liability partnership registration or foreign limite d liability
partnership registration, or a limited partnership certificate or
limited partnership or foreign limited partnership certificate of
authority, with the Office of the Secretary of State;
5. File or renew a trade name registration;
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6. Maintain or renew a roofing contractor registration as
provided in the Roofing Contract or Registration Act;
7. Notify the registrar of a change in name, address, legal
business entity, qualifying party, legal service agent, or
adjudication by a court of competent jurisdiction for any act or
omission specified in subsection A of Section 1151.14 of this title
or a violation of the Roofing Contractor Registration Act;
8. Maintain a registration as required by law in another state
while registered in this state as a n onresident roofing contractor;
or
9. File and pay all taxes of the qualifying party and legal
entity when due in this state.
H. The registrar shall send a written notice to the qualifying
party when his or her registration is not in good standing.
I. Any roofing contractor who has been notified by the
registrar that his or her registration is not in good standing shall
cease soliciting or entering new roofing services and projects as of
the date of such notification; however, the roofing contractor shall
be allowed to complete roofing projects where actual physical work
has begun prior to the date of issuance of the notice that his or
her registration is not in good standing. The roofing contractor
must disclose the change in standing to any homeowner or other
person who has an interest in any job covered under the Roofing
Contractor Registration Act. Upon notice of a change in standing,
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the homeowner shall have the option to cancel the contract. The
roofing contractor will be owed the actual cost incur red for
materials and the market value of labor already incurred on the job.
The roofing contractor must obtain an updated authorization from the
homeowner and other parties of interest if there is an agreement to
continue the job as originally negotiated . If the roofing
contractor fails to correct the deficiency specified in the notice
by evidence satisfactory to the registrar within thirty (30) days of
the date of the notice, or if the roofing contractor solicits or
enters into new roofing services cont racts or projects while the
roofing contractor's registration is not in good s tanding, or while
such registration is suspended or revoked, the roofing contractor
shall be in violation of the provisions of the Roofing Contractor
Registration Act.
J. Any registration that remains not in good standing for a
sixty-day period shall be suspended on the sixtieth day from the
date of issuance of the notice to the roofing contractor that his or
her registration is not in good standing. Any registration that
remains not in good standing, and is suspended for such cause, shall
be revoked on the ninetieth day from the date of issuance of the
notice to the roofing contractor that his or her registration is not
in good standing. The registrar shall notify the roofing c ontractor
upon suspension or revocation of his or her registration for failure
to comply in bringing such registration into good standing as
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required by law. The roofing contractor may reinstate his or her
registration to good standing by paying the requi red fees provided
in Section 1151.12 of this title and complying with all othe r
requirements for issuance of a registration in good standing.
K. Any registrant, qualifying party, or roofing company owner
aggrieved by the decision of the registrar to suspe nd or revoke a
registration pursuant to this section may appeal such decision as
provided in this act or the Administrative Procedures Act.
L. For any suspended license, the contractor's registration
number will be null and void and the contractor will be required to
submit a new application that meets the requirements under this a ct.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 1151.8, is
amended to read as follows:
Section 1151.8. A. At the time of making application for a
roofing contractor registration certificate pursuant to the Roofing
Contractor Registration Act, the applicant shall pay to the
registrar a fee of Seventy-five Dollars ($75.00) Five Hundred
Dollars ($500.00) for the annual initial registration certificate.
B. All monies collected by the registrar for roofing contractor
registration applications, renewals and other fee assessments shall
be deposited by the registrar and credited to the Roofing Contractor
Registration Revolving Fund and such funds shall be used by the
registrar to implement and administer the provisions of the Roofing
Contractor Registration Act.
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C. The fee to be submitted with an application for a roofing
contractor registration may be prorated as set by the provisions of
the Roofing Contractor Registration Act or rules. Unless prorated
at the time of initial registrati on, fees for initial registration
shall be paid in the amount stated in subsection A of this section
and such registration certificates shall expire each year on the
last day of the birth month of the qualifying party. Renewals will
be prorated as provided in Section 1151.3 of this title.
D. A renewal fee for a roofing contractor registration shall be
Seventy-five Dollars ($75.00) Two Hundred Fifty Dollars ($250.00)
for the annual renewal registration certificate.
E. A lapsed or expired roofing contracto r registration shall
result in a Five-Hundred-Dollar ($500.00) reinstatement fee.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1151.25a of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in the Roofing Contractor
Registration Act, on and after November 1, 2025, every roofing
contractor offering to engage in or engaging in performing
residential roofing contractor work in thi s state shall be required
to receive a residential roofing endorsement. To receive a
residential roofing endorsement the roofing contractor shall be
required to take and success fully pass a residential roofing
examination approved under the provisions of this act, and be in
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compliance with all other provisions of the act and rules thereof
before acting or being endorsed as a residential roofing contractor.
For applicants who have been registered and in good standing with
the Construction Industries Board since November 1, 2022, there will
be a twelve-month grandfathering -in period from November 1, 2025, to
either pass the exam or complete an additional ten (10) hours of
continuing education credits to be granted a residential roofer
endorsement.
B. Examinations for a residential roofer endorsement shall be
uniform and practical in nature and sufficiently strict to test the
qualifications and fitness of the applicants for endorsem ent.
Examinations shall be in whole or in part in writing. Examinations
shall be offered at least monthly; dates, times, and locations are
to be determined by the registrar or third -party vendor with
approval of the registrar.
C. Any applicant initially failing to pass the examination
shall not be permitted to take another examination for a period of
thirty (30) days. Any applicant subsequently failing to pass the
examination shall not be permitted to take another examination for a
period of ninety (90 ) days. However, in a declared state of
emergency, the examination shall be a vailable as often as possible
as determined by the registrar.
D. No residential roofer endorsement shall be renewed unless
the qualifying party has completed the required hours of continuing
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education, as determined and approved by the Committee of Roofing
Examiners and the Construction Industries Board.
E. For all new applicants not registered and in good standing
with the Construction Industries Board prior to November 1, 2025 ,
the Construction Industries Board will issue a residential roofer
endorsement to qualifying applicants no sooner th an thirty (30) days
from the date of the application. New applicants shall not be
allowed to sell, offer, bid, inspect or perform any resi dential
roofing contractor work in this state until a residential roofer
endorsement is issued.
F. For all applicants registered and in good standing with the
Construction Industries Board prior to November 1, 2025:
1. The residential roofer endorsement shall be issued
immediately upon compliance with the provisions of this section; and
2. Shall be allowed to continue residential roofing contractor
work at all times during the residential roofer endorsement
application process.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10105 TKR 01/15/25