Okla. Admin. Code § 158:85-5-5

Current through Vol. 42, No. 4, November 1, 2024

Section 158:85-5-5 - Exclusions to requirements of registration and endorsement

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.

(B) Documentation from a manufacturer for a prefabricated-metal-building and documentation of engineered plans with an engineer's stamp for a pre-engineered-metal-building package will be made available to the board and staff upon request.

Okla. Admin. Code § 158:85-5-5

Adopted 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