The Akron Legal News

Stalled bill seeks to license roofers

KEITH ARNOLD
Special to the Legal News
Published: July 20, 2017

A measure that seeks to license commercial roofers just as commercial plumbers, HVAC specialists and electricians are licensed has made little progress in the Ohio House of Representatives committee to which it was referred May 1.

The sole sponsor of House Bill 164, Republican Rep. Tom Patton of Strongsville, told members of the Economic Development, Commerce and Labor Committee that his bill aims to protect public and private property owners and mitigate the independent contractor abuse that undermines Ohio's economy.

"HB 164 would simply add a commercial roofing license section to the existing specialty contractors licensing structure," he said during the first hearing. "... This legislation proposes an efficient way to enact licensure while protecting the general public.

"It also will curb 1099 abuse without expanding Ohio's governmental structure."

Patton noted the roofing profession has continued to become more and more technical.

"The ability to have qualified licensed contractors working on a crucial part of public and private commercial buildings is important," he said. "Contractors believe this is a route that will make Ohio safer.

"The Ohio Roofing Contractors Association believes the Ohio Construction Industry Licensing Board fees and rules are fair, and I'm encouraged by the fact that the OCILB has operated a stable and financially self-sustaining licensing program for many years."

The board falls under the purview of the Ohio Department of Commerce in the Division of Industrial Compliance and Labor and currently licenses commercial contractors doing plumbing, HVAC, hydronics, refrigeration and electrical work in the Buckeye State.

HB 164 would allow commercial roofing contractors with three years of demonstrated continuous business existence to be grandfathered into the licensing system at the annual renewal rate of $60 per year as long as they meet the following criteria:

• Show proof of insurance;

• Be at least 18 years of age;

• Be a U.S. citizen or a legal alien;

• Not have been convicted of or plead guilty to a misdemeanor involving moral turpitude or of any felony; and

• Carry minimum $500,000 contractor liability coverage.

Contractors who do not meet the grandfather provision or who are newly formed would have to meet the requirements above and pass a business exam and a roofing specific exam, Patton said.

The bill calls for creation of a commercial roofing section board that would oversee testing issues, including test question review, testing applications and continuing education course approvals.

According to analysis of the bill provided by the Ohio Legislative Service Commission, roofing contractors currently may be licensed at the local level but are not currently licensed at the state level.

"A person who violates this requirement is guilty of a minor misdemeanor on the first violation and a fourth degree misdemeanor on subsequent violations," commission analyst Paul Luzzi wrote. "Additionally, the person may be subject to a civil penalty of up to $1,000 assessed by the roofing section of the OCILB after a notice and a hearing."

HB 164 is a facsimile to Senate Bill 249, Patton introduced as a senator during the 131st General Assembly.

The lawmaker noted that the measure unanimously cleared the Senate Transportation, Commerce, and Labor Committee during the previous legislative session.

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