Okla. Admin. Code § 158:40-5-3

Current through Vol. 41, No. 15, April 15, 2024
Section 158:40-5-3 - Contractor requirements
(a) Each electrical firm must have a person who is currently licensed as an electrical contractor employed full time, and who shall give full time to the supervision and control of operations necessary to secure full compliance with the provisions of the Act and this Chapter. Such contractor shall be an officer, partner or owner of that electrical firm, and shall be responsible for the work of and licensed on behalf of that electrical firm.
(b) An electrical contractor license may be placed on inactive status and not be required to provide a bond and insurance. An inactive electrical contractor is a person who, because of the nature of his or her position, does not hold out or offer to provide services to the public as an electrical contractor. The inactive electrical contractor's license may be used to perform work as a journeyman electrician.
(c) Each electrical contractor shall advise the Electrical License Unit by mail within thirty (30) days of any change in address or business relationship, structure or affiliation. Failure to so notify shall be cause for administrative sanction.
(d) An electrical contractor shall only be permitted to represent one electrical firm.
(e) When two or more electrical firms desire to associate on a job or project as electrical contractors, each person or electrical firm shall have an electrical contractor licensed by the Board, and each shall register with the city or town in whose jurisdiction they intend to operate where registration is required.
(f) Each person on initial application and upon receiving an active contractor's license, prior to engaging in electrical work, and all active electrical contractors submitting renewal applications, shall provide proof of compliance with bond and insurance requirements as set forth in OAC 158:40-5-5 and proof of compliance with 68 O.S. §§ 1701 through 1707, by providing the following:
(1) Address of business;
(2) Phone number of business;
(3) Number of employees;
(4) Federal Tax Number;
(5) Employer's Social Security Numbers;
(6) Employer's account number assigned by the Oklahoma Employment Security Commission;
(7) Nonresident electrical contractor bond on file with the Oklahoma Tax Commission, if applicable; and
(8) Proof of workers' compensation policy in compliance with the provisions of Titles 85 and 85A of the Oklahoma Statutes.
(g) Each active electrical contractor shall document the hours worked by each apprentice electrician and the hours worked in commercial, industrial and residential electrical work.In order for an apprentice or journeyman to make future licensure application, this documentation should be made available upon request to any current employee or departing employee at the time of separation of employment.
(h) Prior to engaging in any activity described in (i) of this Section, a licensed electrical contractor shall obtain an electrical license alarm endorsement from the Construction Industries Board. Such alarm endorsement may only be issued to an applicant upon the completion of a satisfactory national criminal history record check. An application for an electrical license alarm endorsement shall require an additional fee in accordance with OAC 158:40-9-3. To obtain an electrical license alarm endorsement, a licensed electrical contractor shall provide the following:
(1) A recent passport style and quality photograph;
(2) Two classifiable sets of fingerprints taken by a local, state or federal law enforcement agency;
(3) A disclosure of convictions of all crimes of applicant, both felony and misdemeanor; and,
(4) Other such information as required by 74 O.S. § 150.9 for a national criminal history record check.
(i) A licensed electrical contractor shall not sell, install, service, or repair alarm or security systems or electronic security devices such as residential or commercial burglar alarms or security systems, electronic access control, closed circuit television, nurse call systems and the like when the licensed contractor electrician has disclosed or a national criminal history record check reveals a conviction of applicant for a disqualifying crime, as described in (k) or (l) of this Section.
(j) A satisfactory "national criminal history record check" means a national criminal history record check which reveals no disqualifying crime, as described in (k) or (l) of this Section.
(k) "Disqualifying crime" includes any conviction by any state or the United States of any of the following:
(1) Murder in any degree;
(2) Voluntary manslaughter;
(3) Rape;
(4) Lewd conduct with a minor;
(5) Sexual abuse or exploitation of a child, including offenses involving child pornography;
(6) Kidnapping;
(7) Robbery;
(8) Burglary;
(9) Possession of stolen property;
(10) Aggravated assault;
(11) Aggravated battery;
(12) Arson;
(13) Any felony punishable by death or life imprisonment;
(14) Any felony determined by the Construction Industries Board Administrator to be an offense which constitutes the theft, damage or destruction of property or the infliction of physical harm on another person committed while unlawfully present on the property of another;
(15) Attempt, conspiracy or accessory after the fact or aiding and abetting to commit any disqualifying crime; or
(l) A "disqualifying five year crime" shall mean a conviction within five years of the date of application for electrical license alarm endorsement by any state or the United States of any of the following:
(1) Felony theft or grand theft;
(2) Felony passing of a bogus, stolen, fraudulent or counterfeit check;
(3) A felony involving a controlled substance;
(4) A felony involving a firearm;
(5) Forgery or counterfeiting;
(6) Forgery of or fraudulent use of a credit card;
(7) A felony involving the theft of the identity of another;
(8) A felony involving fraud or embezzlement;
(9) Insurance or public assistance fraud;
(10) Any felony other than a "disqualifying crime" determined by the Construction Industries Board Administrator to be an offense which constitutes the theft, damage or destruction of property of another;
(11) Any felony other than a "disqualifying crime" determined by the Construction Industries Board Administrator to be an offense which constitutes the infliction of physical harm on another person; or
(12) Attempt, conspiracy, accessory after the fact or aiding and abetting to commit any disqualifying five-year crime.
(m) An individual who has been convicted of a disqualifying crime as set forth in (k) or (l) of this Section shall be denied an electrical license alarm endorsement. Written notice of said denial shall be issued by the Construction Industries Board Administrator after completion and review of the individual's national criminal history record check. An individual has ten (10) business days after receipt of the denial to appeal said denial in writing to the Construction Industries Board Administrator. The Construction Industries Board Administrator shall issue a written decision to said appeal within ten (10) business days after receiving same. The Administrator's decision may be appealed to the Electrical Hearing Board within ten (10) business days after receipt of the Administrator's written decision. An appeal of a denial of an electrical license alarm endorsement to the Electrical Hearing Board shall be governed by Article II of the Administrative Procedures Act, 75 O.S. § 308a, et seq.
(n) Work performed under alarm endorsement shall continue to meet the ratio requirement as set forth in OAC 158:40-5-1(b) and (c).

Okla. Admin. Code § 158:40-5-3

Added at 19 Ok Reg 726, eff 1-22-02 (emergency); Added at 19 Ok Reg 1269, eff 5-28-02; Amended at 26 Ok Reg 2454, eff 7-11-09; Amended at 27 Ok Reg 2083, eff 7-11-10
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 10/1/2019