Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 85 - Roofing Contractor Registration Regulations › Subchapter 5 - Registration and Endorsement Requirements and Limitations, Display of Registration Number, Endorsement, Firm Name and Contact Information, Exclusions › Section 158:85-5-5 - Exclusions to requirements of registration and endorsement

Current through Vol. 41, No. 20, July 1, 2024
Unless exempt under the Roofing Contractor Registration Act,
				  a person must be a registered roofing contractor, and endorsed if required,
				  pursuant to the Roofing Contractor Registration Act before advertising or
				  acting as a roofing contractor. Persons excluded from registration, and
				  accompanying endorsement, are:
(1) a
				person engaged in the demolition of a structure or the cleanup of construction
				waste and debris that contains roofing material,
(2) a person working under the direct
				supervision of the roofing contractor who is hired either as an employee, day
				laborer, or contract laborer whose payment, received in any form, from the
				roofing contractor is subject to self-employment tax,
(3) a person working on his or her own
				property or that of an immediate relative and such person is not receiving any
				compensation, or
(4) a person
				acting as a handyman, as defined in this Chapter, who does not perform more
				than two roofing repair jobs per calendar year. Roofing repair jobs performed
				by a handyman per calendar year in excess of two per year do not fall under the
				exclusions from the provisions of the Act. Roofing repair jobs by a handyman in
				excess of two per year require registration. Roofing repair jobs estimated at
				$10,000.00 or more or repair area covering 25% or more of the roofing surface
				and paid out at less than $10,000.00 are not excluded;
(5) an actual owner of residential or farm
				property who physically performs, or has family member, employee or employees
				who perform with or without remuneration, roofing services including,
				construction, installation, renovation, repair, maintenance, alteration,
				waterproofing, or removal of materials or structures on property owned by such
				person;
(6) any authorized
				employee, representative or representatives of the United States Government,
				the State of Oklahoma, or any county, municipality, or other political
				subdivision of this state doing roofing work on their own facility that does
				not violate manufacturer specifications, applicable codes, nor compromise
				health or safety standards and practices;
(7) any person who furnishes any fabricated
				or finished product, material, or article of merchandise which is not
				incorporated into or attached to real property by such person so as to become
				affixed thereto;
(8) any person,
				including churches, or other charitable entities that provide roof repairs or
				replacements at no charge using volunteer labor;
(9) any employee of a registrant who does not
				hold himself or herself out for hire, advertise, or engage in contracting,
				except as an employee of a registrant;
(10) licensed engineers, licensed architects,
				licensed HVAC and any other person licensed by the jurisdiction, operating
				under the purview and within the scope of their respective license;
(11) a person who only furnishes roofing
				materials, roofing supplies or equipment and does not, nor do the person's
				employees, install or fabricate them into or consume them in the performance of
				the work of the roofing contractor;
(12) prime contractors, general contractors,
				property managers and project managers who bid on construction trade work in
				areas additional to roofing contractor work, and subcontract the roofing
				contractor work as long as they subcontract the roofing work to a currently
				registered roofing contractor who is in good standing; if the bid is solely for
				roofing contractor work, then a registration is required;
(13) owners of commercial properties
				including residential rental properties consisting of four (4) dwelling units
				or less, when acting as their own roofing contractor and providing all material
				supervision themselves, lessees of residential properties with the consent of
				the owner, who, whether themselves or with their own employees, perform roofing
				construction in or upon the properties, all installing roofing materials
				according to the International Building Code, as adopted by the Oklahoma
				Uniform Building Code Commission, or the manufacturer's installation
				instructions.
(14) owners of
				property when acting as their own roofing contractor, providing all material
				supervision themselves, and installing roofing materials according to the
				International Residential Code, as adopted by the Oklahoma Uniform Building
				Code Commission, or the manufacturer's installation instructions when building
				or improving a single family dwelling residence on such property for the
				occupancy of such owners and not intended for sale or rent. In any action
				brought under the Roofing Contractor Registration Act, proof of the sale or
				offering for sale of such structure or the renting or offering to rent of such
				structure by the owners of property within one (1) year after substantial
				completion of the structure when the structure can be occupied and used as
				intended but punch list items may remain, is presumptive evidence that the
				construction was undertaken with the intent of sale or rentor;
(15) metal building erectors who install
				prefabricated- or pre-engineered-metal-building packages, that may be known as
				PEMBs.
(A) Proof of metal building erector
				labor necessary to construct the components of a prefabricated-or
				pre-engineered-metal-building package must be demonstrated;
(i) proof of the labor necessary to construct
				the components may be demonstrated by providing documentation from a
				manufacturer for a previously erected prefabricated metal building and
				documentation of engineered plans with an engineer's stamp for a previously
				erected pre-engineered-metal-building package; and
(ii) proof of the labor necessary to
				construct components must include all the components necessary to complete the
				package, from the ground through to completion.