§ 4114.531. Assignment and issuance of a department-issued license to a business concern.  


Latest version.
  • (A)

    A license shall be issued in the name of the individual who successfully met the qualifications as required by this chapter. However, said individual, at the time of applying for said department-issued license, or at any time thereafter, may assign, his or her rights to a license to a business concern with whom he or she is associated as a legal, full-time officer, proprietor, partner, or employee, and may designate that his or her license shall be issued in the name of said concern. In such event, such license shall be issued in the name of said business concern and said concern shall be known as the licensed-business. The individual applicant shall not be issued a license in his or her own name during the period he or she is associated with said business concern. In such event, the license shall state on its face the name and position in the business concern of the individual who has qualified for the license under the terms of this Chapter. No individual may be named on more than one license within a trade at the same time.

    (B)

    The license-holder is responsible to immediately notify the licensing section of the department of any change of status of their department-issued license.

    (C)

    In the event the individual named on the department-issued license becomes disassociated from the licensed-business, the license shall become null and void 90 calendar days after such disassociation, except where another license-holder becomes associated with the business concern and the business concern so notifies the department in writing. During this 90-day period, the work on existing permits may be followed through to completion, but no new work shall be commenced.

    (D)

    In such event, a new department-issued license, setting forth the name of the new licensed individual, shall be issued to the licensed-business. A nonrefundable fee, as prescribed by the fee schedule, shall be required for the issuance of this new license within the same license year.

    (E)

    There shall be a 90 calendar day waiting period on the transfer of assignment of a license from one company to another, unless it had been in the department-issued license of the licensee him or herself.

    Exception: Upon presentation of satisfactory evidence of whichever of the following conditions having occurred that caused the termination of the currently licensed-business, the 90-day period may be waived by the chief building official:

    (1)

    Closure of the licensed-business because of Chapter 7 bankruptcy;

    (2)

    Dissolution of the licensed-business that is a corporation, limited liability partnership (LLP), or a limited liability corporation (LLC) that was filed and recorded and in good standing with the Secretary of State of Ohio; or

    (3)

    Merger or consolidation of the licensed-business with a corporation, limited liability partnerships (LLP), or a limited liability corporations (LLC) that are filed and recorded and in good standing with the Secretary of State of Ohio.

    The provisions of this exception may be implemented only once in any 24 consecutive month period.

    (F)

    When a department-issued license is assigned to a business concern, all work carried on by the licensed-business shall be deemed to be carried on under the personal supervision of the person named in the department-issued license. Therefore, any violations of the terms of the department-issued license, or of this Building Code, shall be imputed to the department-issued license-holder named therein. The department-issued license-holder shall be actively engaged in the business and shall be readily available for consultation with the department within two business days after notification.

    (G)

    No license-holder shall permit his or her department-issued license to be used in more than one business at any time. It shall be cause for revocation by the department of the license issued to a business concern if it shall be shown that the license-holder is not, or is no longer, a legal officer, proprietor, partner, or employee of said business concern. No department-issued license-holder shall be entitled to be named in any department-issued license who shall have outstanding against them, as an individual, or as an officer, proprietor, partner, or employee of a business concern, any suspension or revocation of another department-issued license or department registration. However, another qualified department-issued license-holder who is a proprietor, partner, or employee may be substituted upon proper application therefore.

    Exception: The license of a journeyperson plumber shall not be assigned.

(Ord. 1670-01 § 1 (part): Ord. 1697-2006 § 22; Ord. No. 0151-2009, §§ 18, 36, 6-22-2009)