Ohio Code 4785.04 – License application and qualifications [repealed 4/3/2033]
(A) Any business entity wishing to provide conveyance services shall apply for an elevator contractor’s license with the division of industrial compliance within the department of commerce on a form provided by the division.
Terms Used In Ohio Code 4785.04
- Business entity: includes a sole proprietorship, partnership, and corporation. See Ohio Code 4785.01
- Conveyance: means any means of transportation subject to the jurisdiction of this chapter, as described in division (A) of section 4785. See Ohio Code 4785.01
- Conveyance services: means erecting, constructing, installing, altering, servicing, repairing, dismantling, removing, or maintaining a conveyance. See Ohio Code 4785.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Elevator: means a conveyance defined as an elevator in the elevators and escalators safety code. See Ohio Code 4785.01
- Elevator contractor: means any business entity that has been issued an elevator contractor's license under this chapter and that is engaged in the business of providing conveyance services. See Ohio Code 4785.01
- Elevator mechanic: means any individual who has been issued an elevator mechanic's license under this chapter. See Ohio Code 4785.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Repair: means a repair as defined in the appropriate reference standard that does not require a permit. See Ohio Code 4785.01
- Rule: includes regulation. See Ohio Code 1.59
- Service of process: The service of writs or summonses to the appropriate party.
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(B) Any individual wishing to provide conveyance services shall apply for an elevator mechanic‘s license with the division on a form provided by the division.
(C) An application made under this section shall contain all of the following:
(1)(a) If an applicant is an individual or sole proprietor, the name, residence address, and business address of the applicant;
(b) If an applicant is a partnership, the name, residence address, and business address of each partner;
(c) If an applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;
(d) If the applicant is a corporation other than a domestic corporation, the name and address of an agent located in this state who shall be authorized to accept service of process and official notices.
(2) The number of years the applicant has engaged in the business of conveyance services;
(3) If the applicant is applying for an elevator contractor‘s license, both of the following:
(a) The approximate number of individuals, if any, to be employed by the applicant, and if applicable, satisfactory evidence that the employees are or will be covered by workers’ compensation insurance in accordance with section 4785.07 of the Revised Code;
(b) Satisfactory evidence that the applicant and all employees are, or will be, covered by general liability, personal injury, and property damage insurance in accordance with section 4785.07 of the Revised Code.
(4) A description of the criminal convictions and pleas of guilty of the applicants and each employee, if any, as verified by a criminal records check;
(5) Such other information as the division considers appropriate.
(D) The division may issue an elevator mechanic’s license to an applicant only if that applicant has demonstrated one of the following qualifications:
(1) An acceptable combination of documented experience and education credits, as follows:
(a) Not less than three years of work experience in the elevator industry, in construction, maintenance, service, repair, or any combination thereof, as verified by current and previous employers licensed to do business in this state;
(b) Satisfactory completion of a written examination administered by the division, or by a testing agency approved by the division, on the most recent referenced codes and standards.
(2)(a) Acceptable proof that the applicant has worked as an elevator construction, maintenance, or repair person, consisting of having worked without direct and immediate supervision for an elevator contractor authorized to do business in this state for a period of not less than three years immediately prior to the effective date of this section ;
(b) An applicant seeking to establish qualifications pursuant to division (D)(2)(a) of this section shall apply within one year after the effective date of this section.
(3) A certificate of completion or other evidence of having successfully passed the mechanic examination of a nationally recognized training program for the elevator industry, such as the national elevator industry educational program or the certified elevator technician program of the national association of elevator contractors;
(4) A certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equal to those of this chapter and is registered with the bureau of apprenticeship and training, United States department of labor, or a state apprenticeship council;
(5) A valid license from a state having standards substantially equal to those of this chapter, upon application and without examination.
(E) The division shall not issue an elevator mechanic’s license to any applicant to which any of the following apply:
(1) The applicant has been convicted of or pleaded guilty or no contest to a disqualifying offense specified on the list the division adopts pursuant to division (B) of section 9.79 of the Revised Code and the division determines that the license should be denied using the process described in section 9.79 of the Revised Code.
(2) The applicant has violated any provision of this chapter.
(3) The applicant has violated any rule adopted pursuant to this chapter.
(4) The applicant has demonstrated incompetence or untrustworthiness.
(5) The applicant has engaged in fraud, misrepresentation, or deception in the conduct of business.
(6) The applicant has obtained or attempted to obtain a license or renewal of such license pursuant to this chapter by means of fraud, deception, or misrepresentation.
(7) The applicant has obtained or attempted to obtain an order, ruling, or authorization from the division by means of fraud or misrepresentation.
(F)(1) The division may issue an elevator contractor’s license to a business entity only if the applicant has in its employ a licensed elevator mechanic and has proof of compliance with the insurance requirements prescribed in section 4785.07 of the Revised Code.
(2) The division may issue an elevator contractor’s license to an applicant that holds a valid license from a state having standards substantially equal to those of this chapter.
(G) Upon approval of an application made under this section, the division shall issue a license to the applicant.
(H) Any license issued under this section is valid for a period of two years and may be renewed.
Last updated March 21, 2023 at 3:41 PM