Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 85 - Roofing Contractor Registration Regulations › Subchapter 1 - General Provisions › Section 158:85-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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.