Current through Vol. 42, No. 1, September 16, 2024
(a) To obtain an Authorized Provider
inspector license, the applicant shall:
(1)
Be recognized by a Political Subdivision,as meeting all requirements for a
state inspector's license in the category of the inspections being performed,
unlimited classification, and make any recognizing political subdivisions aware
he or she is free of direction and control of any contractor, person, or entity
who is requesting the inspection;
(2) Pass in the chosen category the unlimited
inspector classification examinations (residential and commercial) approved by
the Oklahoma Inspector Examiners Committee and complete all other requirements
in the Oklahoma Inspectors Act and rules for each category sought; and
(3) Complete an Authorized
Provider inspector license application for the examination, license or renewal
of license. The application shall be completed in writing on forms furnished by
the Construction Industries Board. Each application shall be accompanied by a
fee and proof of continuing education for renewals as required in the Oklahoma
Inspectors Act and rules. Every applicant shall provide to the Construction
Industries Board, on new and renewal applications, a completed application form
and verify to the Construction Industries Board upon request that applicant is
recognized by a political subdivision's city or county manager, clerk or
director of inspections department that the applicant will be performing as an
Authorized Provider of or within that Political Subdivision.
(b) It shall be unlawful for any
person to act as or perform the work of an Authorized Provider inspector unless
such person is qualified and licensed pursuant to the Oklahoma Inspectors Act
and regardless of the size of the Political Subdivision. An Authorized Provider
inspector license does not authorize an individual to issue permits.
(c) Authorized Provider inspectors licensed
by the state are deemed to be acting as independent contractors and not as
officers, employees or agents of the state. The state assumes no liability for
the actions or omissions of licensed Authorized Providers.
(d) Authorized Providers shall:
(1) In addition to complying with the
provisions of the Oklahoma Inspectors Act, provide proof of insurance coverage
of up to One Million Dollars ($1,000,000.00) in professional liability
insurance, in addition to One Million Dollars ($1,000,000.00) in errors and
omissions insurance as set by rule. Proof of valid and current insurance
coverage must be provided upon application for registration and renewal of
registration in the form of an insurance certificate listing the State of
Oklahoma as the certificate holder. Further, proof of compliance with the
workers' compensation laws of Oklahoma or exemption is required. Lapse of
insurance shall result in the change of license status to inactive;
(2) Not be under the direction and control of
any entity that performs industrial, commercial or residential construction
within the Political Subdivision in which they would provide services;
(3) Not be under the direction and
control of any entity that designs industrial, commercial or residential
projects within the Political Subdivision in which they would provide services;
(4) Provide written reports
acceptable to the Political Subdivision according to the Political Subdivision
requirements;
(5) Not be
prohibited in this act from providing other plan review and inspection services
for jurisdictions that pertain to infrastructure projects, utilities projects
or other services not regulated by the Oklahoma Inspectors Act, except as
restricted or limited by the Political Subdivision;
(6) Not be allowed to apply for a provisional
license as described in Section
1036
of Title 59 of the Oklahoma Statutes; and
(7) Provide evidence of being certified for
the specific license category for which they are applying and shall only
provide services in the area of certification and licensing.
(e) A Political Subdivision should
report to the CIB any instances of an Authorized Provider failing to maintain
liability insurance, failing to comply with worker's compensation laws, and if
the Authorized Provider is working under the direction and control of an entity
to which they are also providing services.
