Sponsor Testimony — Representative Tom Patton on House Bill 129 (House Commerce and Labor, 2023-04-18)
Summary
Representative Tom Patton gave sponsor testimony on HB 129, the Commercial Roofing Contractor bill, to the House Commerce and Labor Committee. HB 129 would add a commercial roofing license section to the specialty contractors licensing structure of the Ohio Construction Industry Licensing Board. Commercial roofing contractors who show three years of continuous business existence and meet listed criteria would be grandfathered in at the annual licensing renewal rate of $60 per year. Contractors outside that provision would have to pass a business exam and a roofing specific exam. The testimony says HB 88 passed the committee 11-0 last year.
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“Sponsor Testimony — Representative Tom Patton on House Bill 129 (House Commerce and Labor, 2023-04-18).”
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Representative Tom Patton
House Bill 129 Sponsor Testimony
House Commerce and Labor Committee
Chairman Johnson, Vice Chair Manchester, Ranking Member McNally, and Members of the
House Commerce and Labor Committee - Thank you for the opportunity to provide sponsor
testimony on HB 129, the Commercial Roofing Contractor bill. This bill mirrors past versions of
the legislation – HB 88 which passed this very committee last year 11-0 and the full House 75-
16. Thank you to all the members that supported this important bill.
Non-union and union contractors support this bill. Small contractors support it. Large contractors
support it as did safety forces that have to work in these structures everyday including the
Northern Ohio Fire Fighters and the Ohio Association of Professional Fire Fighters that testified
in support last session.
The Ohio Roofing Contractors Association, NECA Greater Cleveland Chapter, Mid States
District Council of Roofers and Waterproofers all testified in support of this bill last session.
BILL OVERVIEW:
HB 129 would simply add a commercial roofing license section to the existing specialty
contractors licensing structure. The Ohio Construction Industry Licensing Board (OCILB)
located within the Ohio Department of Commerce in the Division of Industrial Compliance and
Labor currently licenses commercial contractors doing plumbing, HVAC, hydronics,
refrigeration, and electrical work in Ohio. The proposed licensure contained in HB 129 mirrors
that system and would ONLY be for commercial roofing contractors.
This legislation proposes an efficient way to enact licensure while protecting the general public.
It is important to note that just like the other trades OCILB monitors there are NO bond
requirement as part of this licensure. It also will curb 1099 abuse without expanding Ohio’s
governmental structure. The roofing profession has continued to become more and more
technical. The ability to have qualified licensed contractors working on a crucial part of public
and private commercial buildings is important. Contractors believe this is a route that will make
Ohio safer. The Ohio Roofing Contractors Association believes the OCILB fees and rules are
fair, and I’m encouraged by the fact that the OCILB has operated a stable and financially self-
sustaining licensing program for many years.
STRUCTURE:
1
Currently, the OCILB consists of five boards – one representing each section of the industry
which is licensed plus one Administrative Board. The roofing license bill would create an
additional Roofing Section Board and add one roofing board member to the Administrative
Board. Currently, each section board within Ohio Revised Code is made up of two union-shop
contractors, two open-shop employers, and one public member. Each member is appointed by
the Governor based upon industry and OCILB staff recommendations. The bill would maintain
this make up for COMMERCIAL Roofing Contractors.
The Section Boards oversee testing issues, including test question review, testing applications
and continuing education course approvals to ensure the industry’s input on how these critical
elements are applied to the new and licensed contractors in the system. The Administrative
Board is made up of a member from each section Board plus a public member. The
Administrative Board oversees continuing education providers, advertising enforcement,
program budget issues, and rule-making. All meetings are open to the public and are closely
monitored by the associations that represent the licensed industries.
LICENSING REQUIREMENTS:
HB 129 allows commercial roofing contractors who can show three years of continuous business
existence, and meet the following criteria, to be grandfathered into the licensing system at the
annual licensing renewal rate of $60 per year.
• Show proof of insurance. (Same as in current law for other trades)
• Be at least 18 years of age. (Same as in current law for other trades)
• Be a United States citizen or a legal alien-must provide proof of being a legal alien. (Same as
in current law for other trades)
• Carry minimum $500,000 contractor liability coverage. (Same as in current law for other
trades)
Contractors who do not meet the grandfather provision or who are newly formed would have to
meet the requirements above and pass a business exam and a roofing specific exam.
In order to sit for the exam, a contractor must also:
• Either have been a tradesperson in the type of licensed trade for which the application is filed
for not less than five (5) years immediately prior to the date the application is filed, currently be
a registered engineer in this state with three (3) years of business experience in the construction
industry in the trade for which the engineer is applying to take the examination, or have other
experience acceptable to the appropriate section of the board. (Same as in current law for other
trades)
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• Pay the applicable fees. $25 for the application fee and $25 with passing test results and State
and Federal background check for initial licensing. (Same as in current law for other trades)
CONTINUING EDUCATION:
Commercial Roofers would be added into the existing OCILB continuing education policy.
Licensees who are members of this program shall also be permitted to choose to renew their
licenses on a triennial basis, rather than on an annual basis. Individuals choosing to renew
annually must demonstrate the completion of eight hours of continuing education at the time of
renewal, while individuals choosing to renew triennially must demonstrate twenty-four hours of
continuing education at the time of renewal.
All new contractors or contractors outside the compliant contractor program must accrue a total
of eight hours of continuing education courses per year.
RENEWAL:
Commercial Roofers would also be added into the existing OCILB annual renewal cost and
process which is $60.
Chairman Johnson and the esteemed members of this Committee: Thank you for the opportunity
to testify on HB 129. This bill is a simple way to license commercial roofing contractors in the
same effective and efficient way that other specialty contractors are currently licensed while
providing needed protections for public and private owners and helping to regulate the
independent contractor abuse that is undermining Ohio’s economy. It looks to also end small
businesses getting stuck in a system where small roofing companies are taking all of the risk and
some contract broker is raking in all the profits by calling them a contractor rather than an
employee.
At this point, I am happy to answer any questions or concerns.
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