SECTION 158:50-9-1. Qualifications for mechanical licensure

(a)   Application. A person desiring to be licensed under this Chapter, unless otherwise provided in this Chapter, shall file an application with the application fee, examination fee (unless the examination fee is paid directly to a testing provider), and the initial License fee to the Administrator. The fees must be received no less than three (3) working days before the examination date. If the applicant fails to meet the minimum qualifications to take the examination, the application fee will be forfeited.

(b)   Experience. All persons applying for a license must provide proof of experience in the mechanical trade. Applicants for mechanical license examinations who are not licensed and wish to include experience gained in Oklahoma must maintain an apprentice registration on file with the Oklahoma Construction Industries Board for all experience obtained in Oklahoma. The Construction Industries Board will not consider experience obtained in or outside of Oklahoma as verifiable experience for periods in which an apprentice is unregistered, except for experience lawfully obtained according to any applicable federal or state laws, and must be comprised of mechanical work as defined under the Act and in this Chapter.

(1)   Applicants for a journeyman license must be at least eighteen (18) years of age and have:

(A)   three (3) years of verifiable experience in the mechanical trade in the category for which he or she is applying, or

(B)   an associate's degree or vocational diploma certifying completion of a formal mechanical educational program approved by the Committee, consisting of one thousand (1,000) hours or more from a school approved by the Committee, which exhibits knowledge of the trade in the category of license applied for and one (1) year of verifiable experience in the mechanical trade, or

(C)   a vocational diploma certifying completion of a formal mechanical educational program approved by the Committee, consisting of five hundred (500) or more hours from a school approved by the Committee, which exhibits knowledge of the trade in the category of license applied for, and two (2) years of verifiable experience in the mechanical trade, or

(D)   a vocational diploma certifying completion of a a formal mechanical educational program approved by the Committee, consisting of a minimum of three hundred and seventy five (375) or more hours from a school approved by the Committee, which exhibits knowledge of the trade and in the category of license applied for, and two and one-fourth (2 1/4) years of verifiable experience in the mechanical trade, or

(E)   a vocational diploma certifying completion of a formal mechanical educational program approved by the Committee, consisting of a minimum of three hundred and thirty four (334) or more hours from a school approved by the Committee, which exhibits knowledge of the trade and in the category of license applied for, and two and one-third (2 1/3) years of verifiable experience in the mechanical trade, or

(F)   a vocational diploma certifying completion of a formal mechanical educational program approved by the Committee, consisting of a minimum of two hundred and fifty (250) or more hours from a school approved by the Committee, which exhibits knowledge of the trade and in the category of license applied for, and two and one-half (2 1/2) years of verifiable experience in the mechanical trade, or

(G)   equivalent, verifiable experience in the mechanical trade while serving in the U.S. military, or

(H)   experience sufficient to obtain the special certification required for the mechanical category sought by the tendered application, such as Ground Source Piping and Medical Gas, or

(I)   a verifiable out-of-state license in the mechanical classification for which the applicant is applying may expedite processing of the requirements or be considered for reciprocity under OAC 158:50-9-6 if there is a written reciprocity agreement with that state. The license must:

(i)   be current,

(ii)   be in good standing, and

(iii)   meet qualifications listed in (A) through (F) above.

(2)   Applicants for a contractor license must meet the same requirements as a journeyman with an additional one (1) year of experience.

(3)   Applicants much present transcripts showing the Committee approved schools, the Committee approved program, courses, hours attended, grades, any certificates achieved, and a vocational diploma or certificate of completion for the specific educational program and school that has been approved by the Committee. The Administrator shall make the final determination on acceptability of the described supporting documentation.

(c)   Examination. A license cannot be issued until the applicant has passed the appropriate examination for the license type and category. Examinations and the passing score for each examination shall be approved by the Committee. Applicants for the Ground Source Piping category shall provide proof of being certified by examination in the proper installation of ground source piping by an organization approved by the Committee. Applicants for the Petroleum Refinery journeyman category shall provide proof of being certified by examination in the area of industrial pipefitter by an organization approved by the Committee. Applicants for the Medical Gas category shall provide proof of being certified by examination in accordance with the most current NFPA 99 standard or certified in the proper installation of medical gas piping by an organization approved by the Committee. Applicants for a Fueled Hearth Product Work license shall provide proof of having been certified by examination in accordance with NFI in one of the three (3) categories: gas, wood, or pellets per OAC 158:50-5-2(b)(10).

(1)   If the applicant does not pass the exam, the applicant may reapply for the exam and pay an additional retesting fee. However, no person will be allowed to retake an exam within thirty (30) days of the first failed exam or within ninety (90) days of the second or subsequent failed exam.

(2)   Applicants for a contractor license must pass both portions (business/law and trade) of the contractor license exam. If an applicant for a contractor license passes only one of the two portions of the required exam, the applicant need only retake the portion of the exam not passed if done within three (3) years of the date the Applicant is approved and eligible to sit for the contractor's exam. Otherwise, the Applicant will need to retake both portions of the contractor license exam.

(3)   If an applicant for a contractor license passes only the trade portion of the contractor exam, the applicant may choose to apply the passing score of the trade portion of the contractor exam to a journeyman license application within the same license category as the trade portion of the contractor exam that the applicant passed. All other requirements in the Act and this Chapter for a journeyman license are required, including but not limited to, completing the journeyman application form and submitting any applicable fee, both of which must be received by the Board no more than one year after passing the trade portion of the contractor exam. The timeframe to complete both portions of the contractor exam as provided in (c)(2) of this Section is applicable even if a journeyman license is obtained under this subsection.

(4)   A contractor license, whether active or inactive, must be renewed annually including completing the renewal form and paying the renewal license fee for a contractor license. An inactive contractor status may be changed to active contractor status at any time by providing proof of compliance with bond and insurance requirements as provided in this Chapter. A contractor, whether active or inactive, can elect to renew as a journeyman with filing of a journeyman renewal application and fee which election will be considered a permanent change of license category. If a permanent license category change occurs and the individual wants to change from journeyman to contractor category, either active or inactive, the individual must retake and pass the contractor license exam and meet all other contractor license requirements in the Act and this Chapter.

(5)   If an active or inactive contractor license is current, the Applicant may pursue other category contractor applications in the same trade without being required to retake the business and law portion of the exam if the business and law portion was successfully passed previously.

(6)   Any applicant who violates exam procedures as determined by the examination provider, including but not limited to cheating, misrepresenting oneself as another, or inappropriate actions during an examination may be immediately notified and expelled from the examination. Furthermore, the applicant's exam will be considered invalid and the applicant will be disqualified from retaking the exam for a period of time no less than 30 days and no more than 365 days as determined by the Administrator of the Construction Industries Board.

(7)   No person shall be allowed any assistance in reading the contractor's examination, nor shall any persons other than the examinees or the Committee members be allowed in the examination area. However, an applicant may request that the Committee make reasonable accommodations for any disability.

(d)   Outstanding fines. A license cannot be issued or renewed until the applicant has paid any and all outstanding fines due and owing to any division of the Construction Industries Board.

[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 23 Ok Reg 1149, eff 3-29-07 through 7-14-07 (emergency); Amended at 24 Ok Reg 2872, eff 8-25-07; Amended at 27 Ok Reg 2087, eff 7-11-10; 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 33 Ok Reg 127, eff 10-26-15 (emergency); Amended at 33 Ok Reg 582, eff 8-25-16; Amended at 34 Ok Reg 885, eff 10-1-17; 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 before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-07 (after the 7-14-07 expiration of the emergency action), the text of 158:50-9-1 reverted back to the permanent text that became effective 7-26-03, as was last published in the 2006 Edition of the OAC, and remained as such until amended by permanent action on 8-25-07.