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As Introduced129th General AssemblyRegular Session S. B. No. 3382011-2012
Senator Bacon
A B I L L
To enact sections 4720.01 to 4720.12 of the RevisedCode to require registration and establish lawsgoverning the practices of air conveyance systemcleaning servicers.1234
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 4720.01, 4720.02, 4720.03, 4720.04,4720.05, 4720.06, 4720.07, 4720.08, 4720.09, 4720.10, 4720.11, and4720.12 of the Revised Code be enacted to read as follows:567
Sec. 4720.01.
As used in this chapter: 8(A) "Air conveyance system cleaning servicer" means a personengaged in the business of air conveyance system cleaning servicesfor a commercial or residential property for compensation.91011(B) "Air conveyance system cleaning service" means thecleaning of a whole system within a forced airstream, consistingof various heating and cooling components.121314(C) "Consumer" has the same meaning as in section 1345.01 ofthe Revised Code.1516(D) "Crime" means any offense involving consumer fraud,predatory marketing practices, misleading advertising practices,or any other offense relating adversely to a person's competence171819
 
to honestly and safely perform air conveyance system cleaningservices.2021(E) "Department" means the department of commerce. 22(F) "Director" means the director of commerce or thedirector's designee.2324(G) "Person" means an individual, corporation, partnership,association, or any other form of business organization or entity,and its officers, representatives, agents, and employees.252627(H) "Residential property" means any single or multi-unitstructure used in whole or in part as a place of dwelling and anyaccessory construction incidental to the structure. "Residentialproperty" does not include either of the following:28293031(1) An industrialized unit as described in section 3781.06 ofthe Revised Code;3233(2) A mobile home as described in section 4501.01 of theRevised Code.3435
Sec. 4720.02.
(A) No person shall do either of the followingwithout registering with the director of commerce in accordancewith this chapter:363738(1) Offer or attempt to perform, engage, or receiveremuneration for performing or engaging in the business of airconveyance system cleaning services;394041(2) Advertise in print, put out any sign, card, or otherdevice that would indicate to the public that the person is an airconveyance system cleaning servicer in the state, or cause theperson's name to be included in a classified advertisement ordirectory in the state under a classification as an air conveyancesystem cleaning servicer.424344454647(B) No air conveyance system cleaning servicer shall do any 48
S. B. No. 338 Page 2As Introduced
 
of the following either before or after registering with thedirector of commerce in accordance with this chapter:4950(1) Represent that a consumer's air conveyance systemcontains any substance that is dangerous or that continued use bythe consumer of their air conveyance system may be harmful whensuch is not the fact;51525354(2) Represent that the air conveyance system cleaningservicer has any sponsorship, approval, or affiliation that theair conveyance system cleaning servicer does not have;555657(3) Misrepresent any sponsorship, approval, or affiliationthat the air conveyance system cleaning servicer does have;5859(4) Misrepresent the benefits of available air conveyancesystem cleaning services, including the ability to test for andidentify mold present in an air conveyance system;606162(5) Knowingly make a false report to a consumer, or potentialconsumer, in a solicitation;6364(6) Fail to make available accurate registration informationto a consumer.6566(C) A violation of any provision of this chapter, includingrules adopted by the director of commerce pursuant to section4720.03 of the Revised Code, shall constitute an unfair,deceptive, or unconscionable act or practice under sections1345.01 to 1345.13 of the Revised Code.6768697071
Sec. 4720.03.
The director of commerce shall adopt rulesestablishing all of the following:7273(A) Registration standards, including financialresponsibility and work experience requirements;7475(B) Applicable fees; 76(C) A system by which consumers can readily identify 77
S. B. No. 338 Page 3As Introduced
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