The following words or terms, when used in this Chapter,
shall have the following meaning, unless the context clearly indicates
otherwise:
"Act" means Roofing Contractor Registration Act
as found at 59 O.S. § 1151, et seq.
"Administrator" means the Administrator of the
Board as described in the Construction Industries Board Act found at 59 O.S.
§ 1000.1, et seq.
"Advertise" means any written publication,
dissemination, solicitation, contract, bid, promotional item, or circulation
which is intended to directly or indirectly induce any person to contract for
roofing construction services with the advertiser, including, but not limited
to, business cards, telephone directory display advertisements, vehicle
signage, radio, television and electronic solicitations.
"Applicant" means the qualifying party, or if no
qualifying party, any person applying under the Roofing Contractor Registration
Act for a roofing contractor registration to be issued by the Construction
Industries Board. Applicant also means any person making application under the
Act for endorsement, examination, roofing code variance, or continuing
education program and instructor approval.
"Board" means the Oklahoma Construction
Industries Board.
"Bonds and Insurance Unit" means the staff unit
that processes bonds and insurance for all trades, under the direction of the
Construction Industries Board.
"Business entity" means a person as defined in
this Subchapter.
"Certificate of insurance" means a general
liability policy in the amounts specified in 59 O.S. Section 1151.5(C)(4) for
roofing contractor work for which the general liability policy includes the
registration number, if any, the roofing firm name, and that the policy
specifically covers roofing work, with the Construction Industries Board added
as a certificate holder to be immediately provided notice in the event such
liability policy is cancelled for any reason or expires for non-payment of
premiums.
"Cheating" means any unapproved deviation from
any official instruction given before, during or after a commercial endorsement
examination, for the purpose of affecting or influencing the examination
results or otherwise providing an undue advantage to any examinee.
"Commercial roofing contractor work" means work
done on roofing systems or structures as defined as commercial in the
International Building Code, as adopted by the Oklahoma Uniform Building Code
Commission; except it does not mean buildings used for commercial purposes
having equivalent or substantially the same roofing requirements as a
"residence" defined herein, including but not limited to business offices
converted from a structure that formerly was a residence.
"Committee" means the Committee of Roofing
Examiners.
"Comparable material" means for shingles and
shakes - any comparable material to shingles in the application and connection
to the roof and to other pieces in an interlocking, stair step, alternating
fashion consisting of individual overlapping elements that are laid in a method
from the bottom edge of the roof up, with each successive layer overlapping the
joints below.
"Contract laborer" means any person employed on
a temporary or leased basis who is performing the labor of roofing work and
does not provide either direct supervision, does not employ or terminate the
employment of others, does not pay others, or does not act in any way in a
supervisory or managing capacity.
"Contracting" means engaging or offering to
engage in any roofing work which requires a valid and appropriate registration
or endorsement from the Construction Industries Board as required by the
Roofing Contractor Registration Act. Also, evidence of securing a permit,
including roofing work from a governmental agency or the employment of a person
on a roofing project, shall be accepted in any court, including administrative
hearings, as prima facie evidence of the existence of a contract.
"Credit Hour" or "Hour" means at
least fifty (50) minutes of classroom instruction with a ten (10) minute
break.
"Direct Supervision" means when an employer is
responsible for, authorizes, or determines the type and extent of work
assigned, reviews and approves the quality of an employee's work performed
before being considered completed, provides close supervision, direction or
guidance, and determines when the work is completed in fulfillment of a
contract or subcontract for the construction, alteration, repair or improvement
of a new or existing roof. The employer providing direct supervision is one
responsible for the details of the work, the locality of the work,
instrumentality and tools to be used to complete the work, the length of time
for which an employee is employed, or the method, manner, means, and/or amount
of payment to an employee.
"Employee" means any person, whether lawfully or
unlawfully employed, in the service of another and who does not follow his or
her own judgment and discretion as to the means, mode, or manner and details in
the performance of the work but is hired to do the work and is subject to the
control of the employer as to the means, mode, or manner and details in the
performance of the work.
"Excluded from registration" means those for
whom no registration or endorsement is required pursuant to 59 O.S. §
1151.2(18)(a) through (d) and 59 O.S. §1151.9(B).
"Handyman" means, a person who is receiving
compensation from the owner in an amount less than $10,000.00 or a repair area
covering less than 25% of the roofing surface and who is performing roofing
work in conjunction with other repairs to the property and who does not perform
more than two roofing repair jobs per calendar year. Any roofing repair jobs
performed by a handyman in excess of two per calendar year are not excluded
from the provisions of the Act. Roofing repair jobs estimated at $10,000.00 or
more or repair of an area covering 25% or more of the roofing surface and paid
out at less than $10,000.00 are not excluded.
"Hearing Board" means the Roofing Hearing Board
created by the Act.
"Homeowner" means one who owns and resides in,
or who resides in, or who contracts for the purchase, construction, remodeling
or repairing of a residence.
"ICC" means the International Code
Council.
"Labor-only crews" means a crew that is to
perform the installation of asphalt shingles, tile shingles, synthetic shakes,
wood shakes or other comparable materials to a sloped roof, as defined by the
standards of installation set forth in this Chapter.
"Nonresident contractor" means any contractor
who has not established and maintained a place of business as a roofing
contractor in this state within the preceding year, or who claims residency in
another state, or who has not submitted an income tax return as an Oklahoma
resident within the preceding year.
"Oklahoma Uniform Building Code Commission" or
"OUBCC" means the state agency created under 59 O.S. §
1000.20, et seq., and authorized to adopt all building codes
and standards for residential and commercial construction to be used as minimum
standards by all entities within this State.
"Owner" means the person who owns the property
or is a lessee of the property.
"Person" means any natural person, firm, limited
or general partnership, corporation, association, limited liability company,
trust, association, other legal entity and any organization capable of
conducting business, or any combination thereof acting as a unit, unless the
intent to give a more limited meaning is disclosed clearly by the Roofing
Contractor Registration Act.
"Prime contractor" means a general contractor,
commercial contractor, or other contractor who contracts directly with the
owner for construction trade work in multiple trade areas.
"Project manager" means one who manages
construction projects consisting of work involving multiple trades.
"Public contract" means a contract with the
State of Oklahoma, its political subdivisions, or any board, commission, or
department thereof, or with any board of county commissioners, or with any city
council, school board, or with any state or municipal agency, or with any other
public board, body, commission, or agency authorized to award contracts for the
construction or reconstruction of public works and includes subcontracts
undertaken to perform works covered by the original contract or any part
thereof.
"Qualifying party" means a natural person who is
an officer or owner of the corporation, a member of the limited liability
company, or a general partner of the limited liability partnership, and who is
actively engaged in the work undertaken by the registrant for which a
registration is required pursuant to the Roofing Contractor Registration Act
who meets the experience and ability requirements for registration on behalf of
the registrant.
"Reciprocity agreement" means a written
agreement between states whereby a person holding a roofing registration,
endorsement or license in another state with substantially similar or greater
requirements than Oklahoma may be registered and endorsed for commercial
roofing work, if any, in this State after application and payment of a fee for
registration and endorsement by reciprocity.
"Registrar" means the Construction Industries
Board or any person designated by the Board to administer the provisions of the
Roofing Contractor Registration Act.
"Registration" means the process of applying for
an initial or renewal registration which upon approval is exhibited by a
registration number and card issued pursuant to the Roofing Contractor
Registration Act.
"Registration number" means the roofing
registration number issued by the registrar to the registrant's qualifying
party.
"Registrant" means a holder of a registration
issued pursuant to the Roofing Contractor Registration Act.
"Residence" means a single structure for
residential occupancy or use which is a detached one- to four-family dwelling
or a multiple single-family dwelling (townhouse) not more than three (3)
stories/floors above grade plane in height with a separate means of egress, and
which is intended for use as a primary habitation, and any appurtenances
thereto shall be in compliance with the International Residential Code, as
adopted by the Oklahoma Uniform Building Code Commission.
"Residential roofing contractor work" means work
done on roofing systems as defined in the International Residential Code, as
adopted by the Oklahoma Uniform Building Code Commission, or as defined as a
"residence" herein; including buildings used for commercial purposes having
asphalt shingles, tile shingles, synthetic shakes, wood shakes or other
comparable materials applied to a sloped roof equal to the same roofing
requirements as a "residence" defined herein, including but not limited to
business offices converted from a structure that formerly was a residence.
"Roofing contractor" means any person, including
a subcontractor and nonresident contractor, engaged in the business of
commercial or residential roofing contractor work as that term is defined and
exclusions listed in 59 O.S. § 1151.2 and this Chapter.
"Roofing contractor work" means the
installation, fabrication or assembly of equipment or systems included in
commercial or residential roofing systems as defined in the International
Building Code and the International Residential Code, as adopted by the
Oklahoma Uniform Building Code Commission, and roofing construction work
including, but not limited to, installation, renovation, remodeling, reroofing,
reconstructing, repair, maintenance, improvement, alteration, and
waterproofing, unless specifically excluded in the Roofing Contractor
Registration Act.
"Roofing firm" means any person, as defined by
the Act, offering to engage or engaging in roofing contractor work.
"Roofing Hearing Board" means the Hearing Board
enacted pursuant to 59 O.S. § 1151.28 which shall consist of a designee of
the Construction Industries Board, as chair, and the members of the Committee
of Roofing Examiners acting in compliance with the provisions of the
Construction Industries Board Act, rules and Article II of the Administrative
Procedures Act
"Roofing Unit" means the staff and
administrative support unit to the Committee of Roofing Examiners and the
Roofing Hearing Board.
"Stand-by" means the file number for a
commercial endorsement examination for a person other than the one designated
by the roofing firm as the commercially endorsed qualifying party. This is not
an endorsement or registration to be a commercially endorsed qualifying party
but allows a person to apply and take the commercial endorsed examination for
the purpose of standing by to be designated by the roofing firm as its
qualifying party if all other requirements for a qualifying party are met. A
passing exam score for commercial endorsement for a stand-by file number shall
be valid for three (3) years or until the standards of installation per this
Chapter change, whichever comes first. Then a person will need to retake the
commercial endorsement exam unless already having become registered and
commercially endorsed.
"Subcontractor" means one who contracts with a
prime contractor, general contractor, residential contractor, project manager,
property manager, another subcontractor, or another entity for roofing
contractor work.
"Variance" means the use of an alternative
material or method of construction from that prescribed in the International
Building Code or the International Residential Code or other approved documents
by the Oklahoma Uniform Building Code Commission, described as the standard of
installation at OAC
158:85-1-4, for use at a
particular location or project specified in the variance application.
"Variance and Appeals Board" means the Oklahoma
State Roofing Installation Code Variance and Appeals Board enacted pursuant to
59 O.S. § 1151.29.
