Current through Vol. 42, No. 1, September 16, 2024
(a) The following are prohibited acts:
(1) No person, entity, or firm may engage in
mechanical contracting or perform mechanical work without first obtaining the
appropriate license or registration pursuant to this Chapter.
(2) No licensee shall perform mechanical work
in a category under which he or she is not licensed or work outside of the
confinements of the required Medical Gas certification.
(3) No licensee shall perform work contrary
to any provision of the standards of installation as described in OAC
158:50-1-4,
except as otherwise provided by law or rule. Each violation of the standards of
installation in OAC
158:50-1-4
can be treated as a separate violation of this Chapter.
(4) No person shall offer to engage in
mechanical work during the period his or her license is suspended or revoked.
(5) No employing mechanical firm
shall employ or use an unlicensed or unregistered individual or entity to
perform mechanical work.
(6) No
person, entity, or firm may transfer a license or registration.
(7) No individual or entity, licensed
pursuant to this Chapter shall enter into an agreement for the use of his or
her license with any firm or person which is, or has been adjudicated to be, in
violation of any provision of the Act, or whose license is currently suspended
or has within the last year been revoked, unless or until otherwise approved by
the Board.
(8) No person shall
make a materially false or fraudulent statement in an application for license.
(9) No person may alter a license.
(10) No licensee or registrant
shall fail to notify the Administrator of a change in his or her address.
(11) No licensee or registrant
shall perform mechanical work without keeping their license or registration and
any required certification on their person or in close proximity while
performing mechanical work.
(12)
No person may engage in cheating or any act involving the fraudulent
misrepresentation of an applicant by an examinee.
(13) No person or entity shall deny access to
the Construction Industries Board or its representative on a job site.
(b) The following
prohibited acts apply to persons issued a contractor license:
(1) No licensee shall employ or supervise
persons performing mechanical work unless those persons are licensed or
registered to perform that category of work.
(2) No licensee shall allow any apprentice to
perform mechanical work at the contractor's job site unless the apprentice will
have direct supervision by a person licensed to perform in that category of
mechanical work.
(3) No licensee
shall allow more than three (3) apprentices per journeyman at a job site.
(4) No licensee shall fail to
maintain a bond as provided for in OAC
158:50-5-3.
(5) No licensee shall fail to
provide proof of financial responsibility to the Administrator as provided for
in OAC
158:50-5-3(b).
(6) No licensee shall be
associated with and responsible for more than one mechanical firm.
(c) The following prohibited acts
apply to persons issued a journeyman license:
(1) No licensee shall allow an apprentice
under his or her direct supervision to perform mechanical work for which the
journeyman is not licensed to perform.
(2) No licensee shall perform mechanical work
except under the employment or supervision of a Mechanical Contractor.
(3) No licensee shall engage in
the planning, contracting, or furnishing of labor and/or materials used for
mechanical work.
Added at 19 Ok Reg 732, eff 1-22-02 (emergency); Added at
19 Ok Reg 1276, eff 5-28-02 ; Amended at 20 Ok Reg 2658, eff 7-26-03 ; Amended
at 21 Ok Reg 497, eff 11-14-03 (emergency); Amended at 21 Ok Reg 768, eff
4-26-04 ; Amended at 28 Ok Reg 2328, eff 5-11-11 through 7-14-12 (emergency)
1 ; Amended at 30 Ok Reg 776, eff 10-30-12
(emergency); Amended at 30 Ok Reg 1543, eff
7-11-13
1 This emergency action expired
without being superseded by a permanent action. Upon expiration of an emergency
amendatory action, the last effective permanent text is reinstated. Therefore,
on 7-15-12 (after the 7-14-12 expiration of this emergency action), the text of
158:50-11-2 reverted back to the permanent text that became effective 4-26-04,
as was last published in the 2011 Edition of the
OAC.