32 | 27 | | |
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33 | 28 | | ENGROSSED HOUSE |
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34 | 29 | | BILL NO. 2085 By: Blair of the House |
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35 | 30 | | |
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36 | 31 | | and |
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37 | 32 | | |
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38 | 33 | | Weaver of the Senate |
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39 | 34 | | |
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40 | 35 | | |
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41 | 36 | | |
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42 | 37 | | |
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43 | 38 | | An Act relating to professions and occupations; |
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44 | 39 | | amending 59 O.S. 2021, Section s 1000.20, 1000.21, |
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45 | 40 | | 1000.23 and 1000.25, which relate to the Oklahoma |
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46 | 41 | | Uniform Building Code Commission Act; updating |
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47 | 42 | | internal citations; modifying membership and |
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48 | 43 | | appointment requirements; modifying powers and duties |
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49 | 44 | | of the Commission to include to continuing education |
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50 | 45 | | requirements; providing for the assessment of certain |
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51 | 46 | | fee; directing the de posit of fee into certain f und; |
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52 | 47 | | establishing work development process to increase |
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53 | 48 | | code official development; providing for the |
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54 | 49 | | promulgation of certain rules; updating reference to |
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55 | 50 | | certain permit allowing for the electronic submission |
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56 | 51 | | of collections report ; and providing an effective |
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57 | 52 | | date. |
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58 | 53 | | |
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59 | 54 | | |
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60 | 55 | | |
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61 | 56 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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62 | 57 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 1000.20, is |
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63 | 58 | | amended to read as follows: |
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64 | 59 | | Section 1000.20. Sections 1000.20 through 1000.29 1000.30 of |
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65 | 60 | | this title shall be known and may be cited as the "Oklahoma Uniform |
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66 | 61 | | Building Code Commission Act". |
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67 | 62 | | SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.21, is |
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68 | 63 | | amended to read as follows: |
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98 | 92 | | Board which shall consist of thirteen (13) members, eleven of whom |
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99 | 93 | | shall be appointed by the Governor with the advice and consent of |
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100 | 94 | | the Senate as follows: |
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101 | 95 | | a. one member who is a general contractor from a |
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102 | 96 | | statewide organization that represents residential |
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103 | 97 | | construction, |
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104 | 98 | | b. one member who is a general contractor from a |
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105 | 99 | | statewide organization that represents commercial |
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106 | 100 | | construction, |
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107 | 101 | | c. one member who is a contractor from a statewide |
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108 | 102 | | organization that re presents electrical contractors, |
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109 | 103 | | d. one member who is a contractor from a statewide |
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110 | 104 | | organization that represents plumbing contractors, |
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111 | 105 | | e. one member who is a contractor from a statewide |
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112 | 106 | | organization that represents heating and cooling |
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113 | 107 | | contractors, |
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114 | 108 | | f. one member who is a licensed electrical engineer from |
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115 | 109 | | a state-recognized professional engineering firm, |
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116 | 110 | | g. one member who is a local -level regulator/inspector |
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117 | 111 | | who is a member of a statewide organization that is |
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118 | 112 | | exempt from taxation under federal law and designa ted |
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119 | 113 | | pursuant to the provisions of the Internal Revenue |
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149 | 142 | | functions for municipalities for at least fifteen (15) |
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150 | 143 | | ten (10) years prior to November 1, 2005 , |
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151 | 144 | | h. one member who is a Certified Building Official |
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152 | 145 | | certified building official employed by a political |
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153 | 146 | | subdivision, |
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154 | 147 | | i. one member who is a licensed architect from a |
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155 | 148 | | statewide organization that represents architects, |
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156 | 149 | | j. one member who is from the insuranc e industry with |
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157 | 150 | | knowledge of building codes and experience in property |
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158 | 151 | | loss mitigation, and |
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159 | 152 | | k. one member who is a licensed mechanical engineer from |
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160 | 153 | | a state-recognized professional engineering firm. |
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161 | 154 | | 2. The members shall be appointed for staggered terms of four |
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162 | 155 | | (4) years. The initial appointment of the members added by this act |
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163 | 156 | | shall be made within ninety (90) days of the effective date of this |
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164 | 157 | | act. A full term of office for purposes of determining term limits |
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165 | 158 | | provided in subsection C of this section shal l be the completion of |
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166 | 159 | | a full four-year term of appointment. |
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167 | 160 | | B. The remaining two members of the Commission shall be the |
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168 | 161 | | State Fire Marshal, or a designee, and an appointee of the |
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169 | 162 | | Construction Industries Board. |
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200 | 192 | | year terms; provided, such a member shall be eligible to serve un til |
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201 | 193 | | a successor is appointed, and such member may be reappointed after a |
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202 | 194 | | two-year absence from the Commission. The Governor shall fill all |
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203 | 195 | | vacancies and unexpired terms in the same manner as the original |
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204 | 196 | | appointment of the member whose position is to be f illed. No |
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205 | 197 | | initial appointment to a term of less than four (4) years or any |
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206 | 198 | | partial-term appointment to fill a vacancy or unexpired term of |
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207 | 199 | | another member shall be counted for purposes of determining term |
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208 | 200 | | limits. An appointed member may be removed by the Governor for |
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209 | 201 | | cause. |
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210 | 202 | | D. Whenever a member of the Commission is absent from more than |
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211 | 203 | | one-half (1/2) of all meetings of the governing body, regular and |
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212 | 204 | | special, held within any period of twelve (12) consecutive months, |
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213 | 205 | | the member shall thereupon cease to ho ld office by operation of law. |
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214 | 206 | | SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is |
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215 | 207 | | amended to read as follows: |
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216 | 208 | | Section 1000.23. A. The Oklahoma Uniform Building Code |
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217 | 209 | | Commission shall have the power and the duty to review and adopt all |
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218 | 210 | | building codes and standards for residential and commercial |
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219 | 211 | | construction to be used by all entities within this state. Codes |
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251 | 242 | | Code Commission Act shall prevent or take away from state agencies |
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252 | 243 | | the authority to enact and enforce requirements containing higher |
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253 | 244 | | standards and requirements than such minimum standards and |
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254 | 245 | | requirements. |
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255 | 246 | | C. Municipalities and other political subdivisions shall abide |
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256 | 247 | | by such minimum standards and requirements; provided, nothing in the |
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257 | 248 | | Oklahoma Uniform Building Code Commission Act shall prevent or take |
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258 | 249 | | away from such municipalities and other political subdivisions the |
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259 | 250 | | authority to enact and enforce requirements containing higher |
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260 | 251 | | standards and requirements than such minimum standards and |
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261 | 252 | | requirements. |
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262 | 253 | | D. The Oklahoma Uniform Building Code Commission shall have the |
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263 | 254 | | power and duty to establish a continuing education and training and |
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264 | 255 | | certification process for all residential and commercial building |
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265 | 256 | | construction industry personnel affected by the codes adopted by the |
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266 | 257 | | Commission, including, but not limited to, code inspectors |
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267 | 258 | | officials, design professionals, and trade workers . The Commission |
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268 | 259 | | shall establish regional training for the purpose of training the |
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269 | 260 | | county and municipal inspectors in the Uniform Building Code. The |
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270 | 261 | | regional training shall be offered at no cost to the participant |
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302 | 292 | | directly associated with the training and shall be remitted to the |
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303 | 293 | | State Treasury pursuant to the Oklahoma Uniform Building Code |
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304 | 294 | | Commission Act. Such fees shall be deposited in the Ok lahoma |
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305 | 295 | | Uniform Building Code Comm ission Revolving Fund and shall be used |
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306 | 296 | | solely for the purposes of the Oklahoma Uniform Building Code |
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307 | 297 | | Commission Act. Each inspector code official operating in this |
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308 | 298 | | state on behalf of any state agency or any municipal or c ounty |
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309 | 299 | | office may complete regional training and be issued a certification |
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310 | 300 | | for inspections certificate of completion by the Oklahoma Uniform |
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311 | 301 | | Building Code Commission on and after January 1, 2015 . The training |
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312 | 302 | | and certification applications, qualifications and procedures shall |
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313 | 303 | | be promulgated by rules of the Commission. The Commission may |
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314 | 304 | | establish forms and procedures to implement and administer the |
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315 | 305 | | provisions of this section. |
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316 | 306 | | E. The Commission shall establish a workforce development |
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317 | 307 | | process with the purpo se of increasing the number of available code |
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318 | 308 | | officials in Oklahoma. The Commission shall promulgate rules on the |
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319 | 309 | | workforce development applications, qualifications, forms, and |
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320 | 310 | | procedures to implement and administer the provisions of this |
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321 | 311 | | section. |
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353 | 342 | | issuance and renewal of any co nstruction permits issued by any |
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354 | 343 | | agency, municipality, or other political subdivision of this state. |
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355 | 344 | | B. This provision is subject to the following limitations: |
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356 | 345 | | 1. No schedule of fees may be established or amended by the |
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357 | 346 | | Commission except during such time s as the Legislature is in |
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358 | 347 | | session; provided, the Commission may establish or amend a schedule |
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359 | 348 | | of fees at a time when the Legislature is not in session if the fees |
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360 | 349 | | or schedule of fees has been specifically authorized by the |
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361 | 350 | | Legislature pursuant to paragrap hs 2 3 and 3 4 of this subsection. |
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362 | 351 | | The Commission must follow the procedures required by Article I of |
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363 | 352 | | the Administrative Procedures Act for adoption of rules in |
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364 | 353 | | establishing or amending any such schedule of fees; |
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365 | 354 | | 2. The Commission shall charge fees for building construction |
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366 | 355 | | permits and renewal of such permits issued by any state agency, |
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367 | 356 | | municipality, or other political subdivision of this state which |
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368 | 357 | | authorized work governed by codes within the purview of the |
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369 | 358 | | Commission only within the following ranges: |
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370 | 359 | | For |
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371 | 360 | | a. for issuance of permit not to exceed $5.00 |
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372 | 361 | | For |
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404 | 392 | | report electronically to the Governor, President Pro Tempore of the |
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405 | 393 | | Senate and the Speaker of the House semiannually its collections for |
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406 | 394 | | the six (6) months preceding the report; |
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407 | 395 | | 3. 4. Fees shall be collected by an y state agency, municipality |
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408 | 396 | | or other political subdivision issuing construction permits within |
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409 | 397 | | this state. The fees shall be deposited in an account created by |
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410 | 398 | | the collecting entity for that purpose; |
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411 | 399 | | 4. 5. The state agency, municipality or other politic al |
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412 | 400 | | subdivision shall remit the mo nies in the account on a monthly basis |
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413 | 401 | | directly to the State Treasury for deposit in the Oklahoma Uniform |
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414 | 402 | | Building Code Commission Revolving Fund created pursuant to Section |
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415 | 403 | | 1000.28 of this title. Along with the deposits r equired by this |
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416 | 404 | | paragraph, each state agency, municipality or other political |
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417 | 405 | | subdivision shall also submit a report stating the total amount of |
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418 | 406 | | funds collected and the total number of fees imposed during the |
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419 | 407 | | preceding month. The report shall be made on c omputerized or manual |
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420 | 408 | | disposition reports as provided by rule of the Commission; |
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421 | 409 | | 5. 6. Any state agency, municipality or other political |
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422 | 410 | | subdivision collecting and remitting fees pursuant to this section |
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423 | 411 | | may levy a fee up to fifty cents ($0.50) for every construction |
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455 | 442 | | collected and the total number of fees imposed to the State Treasury |
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456 | 443 | | in the report required by paragraph 4 5 of this subsection; |
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457 | 444 | | 6. 7. It shall be the responsibility of the state agency, |
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458 | 445 | | municipality or other political subdivision t o account for and |
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459 | 446 | | ensure the correctness and accuracy of payments made to the State |
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460 | 447 | | Treasury pursuant to this title; |
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461 | 448 | | 7. 8. Funds collected by a state agency, municipality or other |
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462 | 449 | | political subdivision and remitted to the State Treasury pursuant to |
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463 | 450 | | the Oklahoma Uniform Building Code Comm ission Act shall be deposited |
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464 | 451 | | in the Oklahoma Uniform Building Code Commission Revolving Fund and |
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465 | 452 | | shall be used solely for the purposes of the Oklahoma Uniform |
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466 | 453 | | Building Code Commission Act; and |
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467 | 454 | | 8. 9. Nothing in this act the Oklahoma Uniform Building Code |
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468 | 455 | | Commission Act shall prevent the Oklahoma Uniform Building Code |
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469 | 456 | | Commission from offering incentives for prompt payment. |
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470 | 457 | | SECTION 5. This act shall become effective November 1, 2025. |
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