SECTION 158:50-11-2. Prohibited acts

(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to be, in violation of any provision of the Act, or whose license is currently suspended or has within the last year been revoked, unless or until otherwise approved by the Board.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.

[Source: 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); Amended at 30 Ok Reg 776, eff 10-30-12 (emergency); Amended at 30 Ok Reg 1543, eff 7-11-13; Amended at 31 Ok Reg 920, eff 9-12-14; Amended at 32 Ok Reg 1636, eff 9-11-15; Amended at 35 Ok Reg 925, eff 10-1-18; Amended at 37 Ok Reg 1055, eff 10-1-20]

Note

EDITOR’S NOTE: 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, and remained as such until amended again by emergency action on 10-30-12.