Oklahoma 2025 Regular Session

Oklahoma House Bill HB2085 Compare Versions

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3328 ENGROSSED HOUSE
3429 BILL NO. 2085 By: Blair of the House
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3631 and
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3833 Weaver of the Senate
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4338 An Act relating to professions and occupations;
4439 amending 59 O.S. 2021, Section s 1000.20, 1000.21,
4540 1000.23 and 1000.25, which relate to the Oklahoma
4641 Uniform Building Code Commission Act; updating
4742 internal citations; modifying membership and
4843 appointment requirements; modifying powers and duties
4944 of the Commission to include to continuing education
5045 requirements; providing for the assessment of certain
5146 fee; directing the de posit of fee into certain f und;
5247 establishing work development process to increase
5348 code official development; providing for the
5449 promulgation of certain rules; updating reference to
5550 certain permit allowing for the electronic submission
5651 of collections report ; and providing an effective
5752 date.
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6156 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6257 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1000.20, is
6358 amended to read as follows:
6459 Section 1000.20. Sections 1000.20 through 1000.29 1000.30 of
6560 this title shall be known and may be cited as the "Oklahoma Uniform
6661 Building Code Commission Act".
6762 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.21, is
6863 amended to read as follows:
64+Section 1000.21. A. 1. There is hereb y created the Oklahoma
65+Uniform Building Code Commission within the Construction Industries
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96-Section 1000.21. A. 1. There is hereby created the Oklahoma
97-Uniform Building Code Commission within the Construction Industries
9892 Board which shall consist of thirteen (13) members, eleven of whom
9993 shall be appointed by the Governor with the advice and consent of
10094 the Senate as follows:
10195 a. one member who is a general contractor from a
10296 statewide organization that represents residential
10397 construction,
10498 b. one member who is a general contractor from a
10599 statewide organization that represents commercial
106100 construction,
107101 c. one member who is a contractor from a statewide
108102 organization that re presents electrical contractors,
109103 d. one member who is a contractor from a statewide
110104 organization that represents plumbing contractors,
111105 e. one member who is a contractor from a statewide
112106 organization that represents heating and cooling
113107 contractors,
114108 f. one member who is a licensed electrical engineer from
115109 a state-recognized professional engineering firm,
116110 g. one member who is a local -level regulator/inspector
117111 who is a member of a statewide organization that is
118112 exempt from taxation under federal law and designa ted
119113 pursuant to the provisions of the Internal Revenue
114+Code of 1986, as amended, 26 U.S.C., Section 170(a),
115+who has represented municipalities and had statutory
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147-Code of 1986, as amended, 26 U.S.C., Section 170(a),
148-who has represented municipalities and had statutory
149142 functions for municipalities for at least fifteen (15)
150143 ten (10) years prior to November 1, 2005 ,
151144 h. one member who is a Certified Building Official
152145 certified building official employed by a political
153146 subdivision,
154147 i. one member who is a licensed architect from a
155148 statewide organization that represents architects,
156149 j. one member who is from the insuranc e industry with
157150 knowledge of building codes and experience in property
158151 loss mitigation, and
159152 k. one member who is a licensed mechanical engineer from
160153 a state-recognized professional engineering firm.
161154 2. The members shall be appointed for staggered terms of four
162155 (4) years. The initial appointment of the members added by this act
163156 shall be made within ninety (90) days of the effective date of this
164157 act. A full term of office for purposes of determining term limits
165158 provided in subsection C of this section shal l be the completion of
166159 a full four-year term of appointment.
167160 B. The remaining two members of the Commission shall be the
168161 State Fire Marshal, or a designee, and an appointee of the
169162 Construction Industries Board.
163+C. Appointed members shall continue in office until a successor
164+is appointed by the Governor, notwithstanding the term limitations.
165+No appointed member shall serve more than two consecutive full four -
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197-C. Appointed members shall continue in office until a successor
198-is appointed by the Governor, notwithstanding the term limitations.
199-No appointed member shall serve more than two consecutive full four -
200192 year terms; provided, such a member shall be eligible to serve un til
201193 a successor is appointed, and such member may be reappointed after a
202194 two-year absence from the Commission. The Governor shall fill all
203195 vacancies and unexpired terms in the same manner as the original
204196 appointment of the member whose position is to be f illed. No
205197 initial appointment to a term of less than four (4) years or any
206198 partial-term appointment to fill a vacancy or unexpired term of
207199 another member shall be counted for purposes of determining term
208200 limits. An appointed member may be removed by the Governor for
209201 cause.
210202 D. Whenever a member of the Commission is absent from more than
211203 one-half (1/2) of all meetings of the governing body, regular and
212204 special, held within any period of twelve (12) consecutive months,
213205 the member shall thereupon cease to ho ld office by operation of law.
214206 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is
215207 amended to read as follows:
216208 Section 1000.23. A. The Oklahoma Uniform Building Code
217209 Commission shall have the power and the duty to review and adopt all
218210 building codes and standards for residential and commercial
219211 construction to be used by all entities within this state. Codes
212+and standards adopted by the Commission shall be the minimum
213+standards for residential and commercial construction in t his state.
214+B. All public projects shall abide by such minimum standards
215+and requirements; provided, nothing in the Oklahoma Uniform Building
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247-and standards adopted by the Commission shall be the minimum
248-standards for residen tial and commercial construction in this state.
249-B. All public projects shall abide by such minimum standards
250-and requirements; provided, nothing in the Oklahoma Uniform Building
251242 Code Commission Act shall prevent or take away from state agencies
252243 the authority to enact and enforce requirements containing higher
253244 standards and requirements than such minimum standards and
254245 requirements.
255246 C. Municipalities and other political subdivisions shall abide
256247 by such minimum standards and requirements; provided, nothing in the
257248 Oklahoma Uniform Building Code Commission Act shall prevent or take
258249 away from such municipalities and other political subdivisions the
259250 authority to enact and enforce requirements containing higher
260251 standards and requirements than such minimum standards and
261252 requirements.
262253 D. The Oklahoma Uniform Building Code Commission shall have the
263254 power and duty to establish a continuing education and training and
264255 certification process for all residential and commercial building
265256 construction industry personnel affected by the codes adopted by the
266257 Commission, including, but not limited to, code inspectors
267258 officials, design professionals, and trade workers . The Commission
268259 shall establish regional training for the purpose of training the
269260 county and municipal inspectors in the Uniform Building Code. The
270261 regional training shall be offered at no cost to the participant
262+state-licensed building code officials and shall be funded from the
263+funds received pursuant to Section 1000.25 of this title. A fee may
264+be assessed to all participants other than state-licensed code
265+officials. When assessed, the fee shall be limited to any cost
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298-state-licensed building code officials and shall be funded from the
299-funds received pursuant to Section 1000.25 of this title. A fee may
300-be assessed to all participants other than state-licensed code
301-officials. When assessed, the fee shall be limited to any cost
302292 directly associated with the training and shall be remitted to the
303293 State Treasury pursuant to the Oklahoma Uniform Building Code
304294 Commission Act. Such fees shall be deposited in the Ok lahoma
305295 Uniform Building Code Comm ission Revolving Fund and shall be used
306296 solely for the purposes of the Oklahoma Uniform Building Code
307297 Commission Act. Each inspector code official operating in this
308298 state on behalf of any state agency or any municipal or c ounty
309299 office may complete regional training and be issued a certification
310300 for inspections certificate of completion by the Oklahoma Uniform
311301 Building Code Commission on and after January 1, 2015 . The training
312302 and certification applications, qualifications and procedures shall
313303 be promulgated by rules of the Commission. The Commission may
314304 establish forms and procedures to implement and administer the
315305 provisions of this section.
316306 E. The Commission shall establish a workforce development
317307 process with the purpo se of increasing the number of available code
318308 officials in Oklahoma. The Commission shall promulgate rules on the
319309 workforce development applications, qualifications, forms, and
320310 procedures to implement and administer the provisions of this
321311 section.
312+SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.25, is
313+amended to read as follows:
314+Section 1000.25. A. The Oklahoma Uniform Building Code
315+Commission shall establish a system of fees to be charged for the
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349-SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.25, is
350-amended to read as follows:
351-Section 1000.25. A. The Oklahoma Uniform Building Code
352-Commission shall establish a system of fees to be charged f or the
353342 issuance and renewal of any co nstruction permits issued by any
354343 agency, municipality, or other political subdivision of this state.
355344 B. This provision is subject to the following limitations:
356345 1. No schedule of fees may be established or amended by the
357346 Commission except during such time s as the Legislature is in
358347 session; provided, the Commission may establish or amend a schedule
359348 of fees at a time when the Legislature is not in session if the fees
360349 or schedule of fees has been specifically authorized by the
361350 Legislature pursuant to paragrap hs 2 3 and 3 4 of this subsection.
362351 The Commission must follow the procedures required by Article I of
363352 the Administrative Procedures Act for adoption of rules in
364353 establishing or amending any such schedule of fees;
365354 2. The Commission shall charge fees for building construction
366355 permits and renewal of such permits issued by any state agency,
367356 municipality, or other political subdivision of this state which
368357 authorized work governed by codes within the purview of the
369358 Commission only within the following ranges:
370359 For
371360 a. for issuance of permit not to exceed $5.00
372361 For
362+b. for renewal of permit not to exceed $5.00
363+3. Fees shall be remitted to the Oklahoma Uniform Building Code
364+Commission within thirty (30) days after the end of the preceding
365+calendar month. The Oklaho ma Uniform Building Code Commissi on shall
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400-b. for renewal of permit not to exceed $5.00
401-3. Fees shall be remitted to the Oklahoma Uniform Building Code
402-Commission within thirty (30) days after the end of the preceding
403-calendar month. The Oklahoma Uniform Building Code Commissi on shall
404392 report electronically to the Governor, President Pro Tempore of the
405393 Senate and the Speaker of the House semiannually its collections for
406394 the six (6) months preceding the report;
407395 3. 4. Fees shall be collected by an y state agency, municipality
408396 or other political subdivision issuing construction permits within
409397 this state. The fees shall be deposited in an account created by
410398 the collecting entity for that purpose;
411399 4. 5. The state agency, municipality or other politic al
412400 subdivision shall remit the mo nies in the account on a monthly basis
413401 directly to the State Treasury for deposit in the Oklahoma Uniform
414402 Building Code Commission Revolving Fund created pursuant to Section
415403 1000.28 of this title. Along with the deposits r equired by this
416404 paragraph, each state agency, municipality or other political
417405 subdivision shall also submit a report stating the total amount of
418406 funds collected and the total number of fees imposed during the
419407 preceding month. The report shall be made on c omputerized or manual
420408 disposition reports as provided by rule of the Commission;
421409 5. 6. Any state agency, municipality or other political
422410 subdivision collecting and remitting fees pursuant to this section
423411 may levy a fee up to fifty cents ($0.50) for every construction
412+permit or renewal permit issued. These monies shall be deposited
413+into an account for the sole use of the state agency, municipality
414+or other political subdivision. The state agency, municipality or
415+other political subdivision shall state the total amount of funds
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451-permit or renewal permit issued. These monies shall be deposited
452-into an account for the sole use of the state agency, municipality
453-or other political subdivision. The state agency, municipality or
454-other political subdivision shall state the total amount of funds
455442 collected and the total number of fees imposed to the State Treasury
456443 in the report required by paragraph 4 5 of this subsection;
457444 6. 7. It shall be the responsibility of the state agency,
458445 municipality or other political subdivision t o account for and
459446 ensure the correctness and accuracy of payments made to the State
460447 Treasury pursuant to this title;
461448 7. 8. Funds collected by a state agency, municipality or other
462449 political subdivision and remitted to the State Treasury pursuant to
463450 the Oklahoma Uniform Building Code Comm ission Act shall be deposited
464451 in the Oklahoma Uniform Building Code Commission Revolving Fund and
465452 shall be used solely for the purposes of the Oklahoma Uniform
466453 Building Code Commission Act; and
467454 8. 9. Nothing in this act the Oklahoma Uniform Building Code
468455 Commission Act shall prevent the Oklahoma Uniform Building Code
469456 Commission from offering incentives for prompt payment.
470457 SECTION 5. This act shall become effective November 1, 2025.
471-COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
472-April 17, 2025 - DO PASS
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484+Passed the House of Repre sentatives the 25th day of March, 2025.
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489+ Presiding Officer of the House
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494+Passed the Senate the ___ day of __________, 2025.
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