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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 158. Construction Industries Board |
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Chapter 85. Roofing Contractor Registration Regulations |
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Subchapter 11. Registration and Endorsement Revocation or Suspension and Prohibited Acts |
SECTION 158:85-11-2. Prohibited acts
Latest version.
- (1) Offering to engage in, by advertisement or otherwise, or performing roofing contractor work without first obtaining the appropriate registration and endorsement, if applicable, and maintaining it in good standing pursuant to the Act and these rules, unless otherwise excluded under the Act.(2) Advertising, either directly or through another, for roofing contractor work without a valid registration, or without displaying registration number and endorsement, if any, on any advertisement, including but not limited to contracts and signage on vehicles.(3) Soliciting roofing contractor work through contracts obtained by salespersons not under the direct supervision and employment of a registered roofing contractor when such contract is then sold for remuneration or something of value and consists of a pattern of conduct that can be shown to be a business practice in a secondary market of sales of contracts for profit. This does not include marketing or sales leads where no contract or bid was made.(4) Bringing or maintaining any claim, action, suit or proceeding in any court of this state related to the person's capacity as a roofing contractor without a valid registration and endorsement, when required, continuously while performing the work for which the claim, action, suit or proceeding is sought.(5) Committing fraud when executing or materially altering a roofing contract, mortgage, promissory note or other document incidental to performing roofing contractor work.(6) Performing roofing work contrary to any provision of the adopted references in OAC 158:85-1-4, except as otherwise provided by law or rule. Each violation of the adopted references in OAC 158:85-1-4 can be treated as a separate violation of this Chapter.(7) Making a false or fraudulent statement in an application for registration or endorsement.(8) Falsifying a registration.(9) Transferring a registration or endorsement.(10) Sharing a roofing contractor's registration or endorsement with another individual or business entity not otherwise allowed pursuant to 59 O.S. § 1151.7.(11) Engaging in or offering to engage in roofing contractor work using a roofing registration number or endorsement of another, whether the registration or endorsement is or is not in good standing.(12) Engaging in cheating or any act involving the fraudulent misrepresentation of an applicant by an examinee or one in the process of sitting for the examination.(13) Denying access to the Construction Industries Board or its representative on a job site for purposes of administering the Act.(14) Contracting for or performing roofing contractor work with expired general liability insurance policy.(b) The following prohibited acts apply to persons having received a registration number:(1) All prohibited acts applying to all persons in (a) of this Section apply to one having received a registration number.(2) Offering to engage in roofing contractor work while not in good standing or during a period of suspension or revocation of a registration or endorsement; or, acting as a roofing contractor without complying with the required disclosure and owner option to cancel the contract pursuant to 59 O.S. § 1151.5.(3) Making a false or misleading statement in an application for roofing contractor registration or renewal application or in soliciting a contract for roofing services.(4) Failing to display the roofing firm name and the roofing contractor registration number on all vehicles used to transport materials and tools in the operation of the business in letters and numerals at least two (2) inches in height in a conspicuous location on both sides of each vehicle in contrasting color to the background color.(5) Failing to post in a conspicuous place on each job site the name, registration number, and telephone number for the registration under which any work is being performed.(6) Performing roofing contractor work without keeping their registration on their person or in close proximity.(7) Failing to utilize a valid written contract when engaging in the business of roofing contractor work as described in Sections 1151.7 and 1151.21 of the Act.(8) Transferring a registration or endorsement.(9) Engaging in any fraudulent or deceptive acts or practices or misrepresentation of products, services or qualifications as a roofing contractor;(10) Failing to comply with any tax laws authorized by the state or any of its political subdivisions.(11) Abandoning a roofing contract without legal excuse after a deposit of money or other consideration has been paid.(12) Diverting funds or property entrusted to a roofing contractor.(13) Engaging in or offering to engage in roofing services without obtaining a proper permit as may be required by any state or local authority.(14) Damaging property or injuring persons while performing roofing services under a valid roofing contractor registration for which the roofing contractor's liability insurance or workers compensation coverage was inadequate.(15) Performing roofing work having gross defects in workmanship in a roofing contractor project that risks serious harm or injury to a person, or unjustly causes monetary damages in excess of Five Thousand Dollars ($5,000.00).(16) Failing to comply with a specified provision of this Chapter or the Roofing Contractor Registration Act.(17) Demonstrating incompetence to act as a roofing contractor performing residential roofing work.(18) Violating any provisions of the Roofing Contractor Registration Act, or any rule or order prescribed by the Construction Industries Board pursuant to the provisions of the Roofing Contractor Registration Act.(19) Willfully failing to perform normal business obligations without justifiable cause.(c) The following prohibited acts apply to those having received an endorsement:(1) All prohibited acts applying to all persons in (a) of this Section and those having received a registration number in (b) of this Section apply to one having received an endorsement.(2) Making a material misstatement in the application for an endorsement, or the renewal of an endorsement.(3) Obtaining any endorsement by false or fraudulent representation.(4) Loaning or allowing the use of such endorsement by any other person or illegally using an endorsement.(5) Transferring an endorsement.(6) Failing to display the existence of any commercial roofer endorsement on all vehicles used to transport materials and tools in the operation of the business in letters at least two (2) inches in height in a conspicuous location on both sides of each vehicle in contrasting color to the background color.(7) Failing to post in a conspicuous place on each job site the existence of any commercial roofer endorsement for the registration under which any work is being performed.(8) Performing roofing contractor work without keeping their registration and endorsement on their person or in close proximity while performing roofing contractor work.(9) Demonstrating incompetence to act as a commercial roofing contractor.(10) Violating any provisions of the Roofing Contractor Registration Act, or any rule or order prescribed by the Construction Industries Board pursuant to the provisions of the Roofing Contractor Registration Act.