A. For purposes of a building and construction inspector performing functions normally performed by a building and construction inspector for a political subdivision pursuant to the Oklahoma Inspectors Act, the Construction Industries Board shall create for one acting as or performing the work of a building and construction inspector a separate classification of inspector license to act as an authorized provider of a political subdivision, and such licensure shall be governed by the Oklahoma Inspectors Act and rules promulgated on the requirements of such licensure.
B. As used in this section, "authorized provider" means one who is not a governmental employee but an independent contractor who is recognized by a political subdivision that issues building permits and who meets the requirements under the Oklahoma Inspectors Act and rules promulgated on the requirements of such licensure. An authorized provider is excluded from the population limitations of Section 1041 of this title and is required to be licensed regardless of the population of the political subdivision.
C. To obtain an authorized provider inspector license, the individual shall:
1. Be recognized by a political subdivision as meeting all requirements for a state inspector's license in the category of the inspections being performed and be free of direction and control of any contractor who is requesting the inspection;
2. Pass the inspector examination approved by the Oklahoma Inspector Examiners Committee and complete all other requirements in the Oklahoma Inspectors Act and rules for each category sought; and
3. Complete an authorized provider inspector license application for the examination, license or renewal of license. The application shall be completed in writing on forms furnished by the Construction Industries Board. Each application shall be accompanied by a fee and proof of continuing education for renewals as required in the Oklahoma Inspectors Act and rules.
D. It shall be unlawful for any person to act as or perform the work of an authorized provider inspector unless such person is qualified and licensed pursuant to the Oklahoma Inspectors Act. An authorized provider inspector license does not authorize an individual to issue permits.
E. Authorized provider inspectors licensed by the state are deemed to be acting as independent contractors and not as officers, employees or agents of the state or any political subdivision. Neither the state nor the political subdivision assumes any liability for the actions or omissions of licensed authorized providers.
F. Authorized providers shall:
1. In addition to complying with the provisions of the Oklahoma Inspectors Act, provide proof of insurance coverage of up to One Million Dollars ($1,000,000.00) in professional liability insurance, in addition to One Million Dollars ($1,000,000.00) in errors and omissions insurance as set by rule. Proof of valid and current insurance coverage must be provided upon application for registration and renewal of registration in the form of an insurance certificate listing the State of Oklahoma as the certificate holder. Further, proof of compliance with the workers' compensation laws of Oklahoma or exemption is required. Lapse of insurance shall result in the change of license status to inactive;
2. Not be under the direction and control of any entity that performs industrial, commercial or residential construction for which they would provide services;
3. Not be under the direction and control of any entity that designs industrial, commercial or residential projects for which they would provide services;
4. Provide written reports acceptable to the political subdivision according to the political subdivision requirements;
5. Not be prohibited in the Oklahoma Inspectors Act from providing other plan review and inspection services for jurisdictions that pertain to infrastructure projects, utilities projects or other services not regulated by the Oklahoma Inspectors Act, except as restricted or limited by the political subdivision;
6. Not be allowed to apply for a provisional license as described in Section 1036 of this title; and
7. Provide evidence of being certified for the specific license category for which they are applying and shall only provide services in the area of certification and licensing.
G. Beginning November 1, 2019, and until administrative rules concerning authorized provider licensure have been finally adopted pursuant to the Administrative Procedures Act, authorized agent licensure shall be equivalent to authorized provider licensure pursuant to the Oklahoma Inspectors Act, and existing administrative rules set forth in the Oklahoma Administrative Code relating to authorized agent licensure shall remain in effect.
Added by Laws 2017, c. 346, § 5, eff. Nov. 1, 2017. Amended by Laws 2019, c. 356, § 5, eff. Nov. 1, 2019.