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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 769
2025-2026
Representatives Kishman, Craig
To
amend sections 4722.01, 4722.03, 4722.06, 4722.07, and 4722.08 and to
enact sections 4722.20, 4722.21, 4722.22, 4722.23, 4722.24, 4722.25
,
and 4722.26
of the Revised Code to
regulate
the practices of roofing contractors and the terms of their
contracts.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4722.01, 4722.03, 4722.06, 4722.07, and 4722.08 be amended
and sections 4722.20, 4722.21, 4722.22, 4722.23, 4722.24, 4722.25
,
and 4722.26
of the Revised Code be enacted to read as follows:
Sec.
4722.01.
As
used in
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
:
(A)
"Cost–plus contract" means a contract entered into
between an owner and a home construction service supplier under which
payment to the supplier is based on the cost of a product plus the
supplier's rate for labor to install the product plus an agreed
percentage of profit or a stipulated fee.
(B)
"Home construction service" means the construction of a
residential building, including the creation of a new structure and
the repair, improvement, remodel, or renovation of an existing
structure. "Home construction service" does not include
construction performed on a structure that contains four or more
dwelling units, except for work on an individual dwelling unit within
that structure, or construction performed on the common area of a
condominium property.
(C)
"Home construction service contract" means a contract
between an owner and a supplier to perform home construction
services, including services rendered based on a cost-plus contract,
for an amount exceeding twenty-five thousand dollars.
(D)
"Home construction service supplier" or "supplier"
means a person who contracts with an owner to provide home
construction services for compensation and who maintains in force a
general liability insurance policy in an amount of not less than two
hundred fifty thousand dollars.
(E)
"Owner" means the person who contracts with a home
construction service supplier. "Owner" may include the
owner of the property, a tenant who occupies the dwelling unit on
which the home construction service is performed, or a person the
owner authorizes to act on the owner's behalf to contract for a home
construction service, and any other person who contracts for a home
construction service.
(F)
"Residential building" means a one-, two-, or three-family
dwelling and any accessory construction incidental to the dwelling.
"Residential building" does not include any of the
following:
(1)
An industrialized unit as described in section 3781.06 of the Revised
Code;
(2)
A manufactured home as described in section 3781.06 of the Revised
Code;
(3)
A mobile home as described in section 4501.01 of the Revised Code.
(G)
"Workmanlike manner" means the home construction service
supplier has engaged in construction that meets or exceeds the
minimum quantifiable standards promulgated by the Ohio home builders
association.
Sec.
4722.03.
(A)
No home construction service supplier shall do any of the following:
(1)
Prior to commencing work related to the home construction service,
fail to enter into a written contract that complies with
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
;
(2)
After entering into a contract with an owner and prior to commencing
any work that is related to an excess cost, fail to provide an
estimate of the excess costs as
this
chapter requires
required
by sections 4722.01 to 4722.08 of the Revised Code
;
(3)
After entering into a contract with an owner, do any of the
following:
(a)
Fail to disclose, prior to the owner's acceptance of any goods or
work related to an excess cost, that in failing to approve an excess
cost, completion of the work may not be possible and a charge may be
imposed for any disassembly, reassembly, or partially completed work,
which shall be directly related to the actual labor or parts
involved;
(b)
Charge for any excess cost that the owner has not approved;
(c)
Represent that repairs or work have been performed when such is not
the fact;
(d)
Fail to perform the home construction service in a workmanlike
manner;
(e)
Fail to tender to the owner, within a reasonable time and upon the
owner's request, any replaced parts, unless the parts are to be
rebuilt or sold by the home construction service supplier, or
returned to the manufacturer in connection with a warranted repair or
service, and the intended reuse or return is made known to the owner
prior to commencing any repair or services;
(f)
Fail to provide a full refund within a reasonable time period for any
goods or services that the home construction service supplier has
failed to deliver in accordance with the terms and conditions of the
contract required by section 4722.02 of the Revised Code and for
which the supplier has received payment;
(g)
Fail to provide to the owner, within a reasonable time and upon the
owner's request, a written, itemized receipt for any item of goods
that is left with, or turned over to, the home construction service
supplier for repair or services. The receipt shall include all of the
following:
(i)
The identity of the person who will perform the repair or services;
(ii)
The name and dated signature of the person or representative who
actually accepts the goods;
(iii)
A description, including make and model number or other features that
will reasonably identify the goods that are turned over, and the
repair or services that are to be performed.
(4)
Make the performance of any home construction service contingent upon
an owner's waiver of any rights
this
chapter provides
provided
by sections 4722.01 to 4722.08 of the Revised Code
;
(5)
Represent that repairs, services, or work is necessary to comply with
the residential building code when such is not the fact;
(6)
Represent that an item of goods or any part thereof that is being
inspected or diagnosed for a home construction service is in a
dangerous condition, or that its continued use may be harmful, when
such is not the fact;
(7)
Intentionally understate or intentionally misstate the estimated cost
of the home construction service;
(8)
Intentionally misrepresent any aspect of the transaction or the
nature or the quality of the work or materials;
(9)
Fail at the time any owner signs or initials any document to provide
the owner with a copy of the document within a reasonable time
period;
(10)
Fail to disclose to the owner prior to the commencement of any repair
or service that any part of the repair or service will be performed
by a person other than the home construction service supplier or
employee of the supplier if the contract disclaims any warranty of
the repair or service that the other person performs;
(11)
Represent that repairs or services must be performed away from the
property on which the home construction service is being performed
when that is not the fact.
(B)
A home construction service supplier who enters into a cost-plus
contract with an owner for a home construction service need not
comply with the requirements regarding excess costs provided in this
section.
Sec.
4722.06.
(A)
If, by the attorney general's own inquiries or as a result of
complaints, the attorney general has reasonable cause to believe that
a person has engaged or is engaging in an act or practice that
violates
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
the attorney general may investigate.
(B)
For this purpose, the attorney general may administer oaths, subpoena
witnesses, adduce evidence, and require the production of relevant
matter.
If
matter that the attorney general requires to be produced is located
outside the state, the attorney general may designate
representatives, including officials of the state in which the matter
is located, to inspect the matter on the attorney general's behalf,
and the attorney general may respond to similar requests from
officials of other states. The person subpoenaed may make the matter
available to the attorney general at a convenient location within the
state or pay the reasonable and necessary expenses for the attorney
general or the attorney general's representative to examine the
matter at the place where it is located, provided that expenses shall
not be charged to a party not subsequently found to have engaged in
an act or practice violative of
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
(C)
Within twenty days after a subpoena has been served, a motion to
extend the return day, or to modify or quash the subpoena, stating
good cause, may be filed in the court of common pleas of Franklin
county or the county in which the person served resides or has the
person's principal place of business.
(D)
A person subpoenaed under this section shall comply with the terms of
the subpoena, unless the parties agree to modify the terms of the
subpoena or unless the court has modified or quashed the subpoena,
extended the return day of the subpoena, or issued any other order
with respect to the subpoena prior to its return day.
If
a person fails without lawful excuse to obey a subpoena or to produce
relevant matter, the attorney general may apply to the court of
common pleas of the county in which the person subpoenaed resides or
has the person's principal place of business for an order compelling
compliance.
(E)
The attorney general may request that an individual who refuses to
testify or to produce relevant matter on the ground that the
testimony or matter may incriminate the individual be ordered by the
court to provide the testimony or matter. With the exception of a
prosecution for perjury and an action for damages under
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
an individual who complies with a court order to provide testimony or
matter, after asserting a privilege against self-incrimination to
which the individual is entitled by law, shall not be subjected to a
criminal proceeding or to a civil penalty or forfeiture on the basis
of the testimony or matter required to be disclosed or testimony or
matter discovered through that testimony or matter.
(F)
The attorney general may:
(1)
During an investigation under this section, afford, in a manner
considered appropriate to the attorney general, a supplier an
opportunity to cease and desist from any suspected violation. The
attorney general may suspend the investigation during the time period
that the attorney general permits the supplier to cease and desist;
however, the suspension of the investigation or the affording of an
opportunity to cease and desist shall not prejudice or prohibit any
further investigation by the attorney general under this section.
(2)
Terminate an investigation under this section upon acceptance of a
written assurance of voluntary compliance from a supplier who is
suspected of a violation of
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
Acceptance
of an assurance may be conditioned upon an undertaking to reimburse
or to take other appropriate action with respect to identifiable
owners damaged by an alleged violation of
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
An assurance of compliance given by a supplier is not evidence of
violation of
this
chapter
those
sections
.
The attorney general may, at any time, reopen an investigation
terminated by the acceptance of an assurance of voluntary compliance,
if the attorney general believes that further proceedings are in the
public interest. Evidence of a violation of an assurance of voluntary
compliance is prima-facie evidence of an act or practice in violation
of
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
if presented after the violation in an action brought under
this
chapter
those
sections
.
An assurance of voluntary compliance may be filed with the court and
if approved by the court, entered as a consent judgment.
(G)
The procedures available to the attorney general under this section
are cumulative and concurrent, and the exercise of one procedure by
the attorney general does not preclude or require the exercise of any
other procedure.
Sec.
4722.07.
(A)
If the attorney general, by the attorney general's own inquiries or
as a result of complaints, has reasonable cause to believe that a
supplier has engaged or is engaging in an act or practice that
violates
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
and that the action would be in the public interest, the attorney
general may bring any of the following:
(1)
An action to obtain a declaratory judgment that the act or practice
violates
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
;
(2)(a)
An action, with notice as required by Civil Rule 65, to obtain a
temporary restraining order, preliminary injunction, or permanent
injunction to restrain the act or practice. If the attorney general
shows by a preponderance of the evidence that the supplier has
violated or is violating
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
the court may issue a temporary restraining order, preliminary
injunction, or permanent injunction to restrain and prevent the act
or practice.
(b)
On motion of the attorney general, or on its own motion, the court
may impose a civil penalty of not more than five thousand dollars for
each day of violation of a temporary restraining order, preliminary
injunction, or permanent injunction issued under this section, if the
supplier received notice of the action. The civil penalties shall be
paid as provided in division (G) of this section.
(c)
Upon the commencement of an action under division (A)(2) of this
section against a supplier who operates under a license, permit,
certificate, commission, or other authorization issued by the supreme
court or by a board, commission, department, division, or other
agency of this state, the attorney general shall immediately notify
the supreme court or agency that such an action has been commenced
against the supplier.
(3)
A class action under Civil Rule 23, as amended, on behalf of owners
who have engaged in home construction service contracts in this state
for damage caused by an act or practice described in
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
(B)
On motion of the attorney general and without bond, in the attorney
general's action under this section, the court may make appropriate
orders, including appointment of a referee or a receiver, for
sequestration of assets, to reimburse owners found to have been
damaged, to carry out a home construction service contract in
accordance with an owner's reasonable expectations, to strike or
limit the application of unconscionable clauses of contracts so as to
avoid an unconscionable result, or to grant other appropriate relief.
The court may assess the expenses of a referee or receiver against
the supplier.
(C)
Any moneys or property recovered by the attorney general in an action
under this section that cannot with due diligence within five years
be restored by a referee to owners shall be unclaimed funds
reportable under Chapter 169. of the Revised Code.
(D)
In addition to the other remedies provided in this section, the
attorney general may request and the court may impose a civil penalty
of not more than twenty-five thousand dollars against the supplier
for each violation of an act or practice described in
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
The civil penalties shall be paid as provided in division (G) of this
section.
(E)
No action may be brought by the attorney general under this section
to recover for a home construction service contract more than two
years after the occurrence of a violation.
(F)
If a court determines that provision has been made for reimbursement
or other appropriate corrective action, insofar as practicable, with
respect to all consumers damaged by a violation, or in any other
appropriate case, the attorney general, with court approval, may
terminate enforcement proceedings brought by the attorney general
upon acceptance of an assurance from the supplier of voluntary
compliance with
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
,
with respect to the alleged violation. The assurance shall be filed
with the court and entered as a consent judgment. A consent judgment
is not evidence of prior violation of
such
chapter
those
sections
.
Disregard of the terms of a consent judgment entered upon an
assurance shall be treated as a violation of an injunction issued
under this section.
(G)
Civil penalties ordered pursuant to divisions (A) or (D) of this
section shall be paid as follows: one-fourth of the amount to the
treasurer of the county in which the action is brought and
three-fourths to the consumer protection enforcement fund created by
section 1345.51 of the Revised Code.
(H)
The remedies available to the attorney general under this section are
cumulative and concurrent, and the exercise of one remedy by the
attorney general does not preclude or require the exercise of any
other remedy.
(I)
In carrying out the attorney general's official duties, the attorney
general shall not disclose publicly the identity of any supplier who
is or was the subject of an investigation under
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
or
any facts developed during such an investigation unless those matters
have become a matter of public record in enforcement proceedings, or
the supplier who is the subject of the investigation gives written
consent to public disclosure of those matters.
(J)
The attorney general shall cooperate with state and local officials,
officials of other states, and officials of the federal government in
the administration of statutes comparable to
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
Sec.
4722.08.
For
a violation of
Chapter
4722.
sections
4722.01 to 4722.08
of the Revised Code, an owner has a cause of action and is entitled
to relief as follows:
(A)
Where the violation was an act prohibited by section 4722.02,
4722.03, or 4722.04 of the Revised Code, the owner may, in an
individual action, rescind the transaction or recover the owner's
actual economic damages plus an amount not exceeding five thousand
dollars in noneconomic damages.
(B)
In any action for rescission, revocation of the transaction must
occur within a reasonable time after the owner discovers or should
have discovered the ground for it and before any substantial change
in condition of the subject of the transaction.
(C)
Any owner may seek a declaratory judgment, an injunction, or other
appropriate relief against an act or practice that violates
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
(D)
The court may award to the prevailing party a reasonable attorney's
fee limited to the work reasonably performed, if either of the
following apply:
(1)
The owner complaining of the act or practice that violated
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
has
brought or maintained an action that is groundless, and the owner
filed or maintained the action in bad faith;
(2)
The home construction service supplier has knowingly committed an act
or practice that violates
this
chapter
sections
4722.01 to 4722.08 of the Revised Code
.
(E)
As used in this section, "actual economic damages" means
damages for direct, incidental, or consequential pecuniary losses
resulting from a violation of
Chapter
4722.
sections
4722.01 to 4722.08
of the Revised Code and does not include damages for noneconomic loss
as defined in section 2315.18 of the Revised Code.
(F)
Nothing in this section shall preclude an owner from also proceeding
with a cause of action under any other theory of law.
Sec.
4722.20.
As
used in sections 4722.20 to 4722.25 of the Revised Code:
(A)
"Consumer" means a person who seeks roofing services.
(B)
"Contractor" means a person engaged in roofing services for
a fee or who offers to engage in or solicits roofing services for a
fee. "Contractor" does not include any of the following:
(1)
The owner of a residential or farm property, when the owner performs
roofing services on that property;
(2)
An employee of the owner of a residential or farm property, when the
employee performs roofing services on that property;
(3)
An authorized employee or representative of the United States
government, this state, or a political subdivision, when the employee
or representative performs roofing services on property owned by that
governmental entity;
(4)
A person who furnishes any fabricated or finished product, material,
or article of merchandise that is not incorporated into or attached
to real property by the consumer so as to become affixed to the
property;
(5)
A person who is acting as a contractor's employee or as a
subcontractor;
(6)
A person who is performing home construction service as that term is
defined in section 4722.01 of the Revised Code;
(7)
A contractor licensed under Chapter 4740. of the Revised Code.
(C)
"Employee" means an individual who performs work in
exchange for compensation that is reported as income from wages.
(D)
"Person" includes any individual, partnership, corporation,
business, trust, or other legal entity.
(E)
"Principal business address" does not include a post office
box.
(F)
"Roofing services" means the installation, renovation,
repair, maintenance, alteration, or waterproofing of any roof,
gutter, downspout, or siding product with regard to a residential
premises.
(G)
"Subcontractor" means a person, other than a contractor's
employee, who undertakes, offers to undertake, agrees to perform, or
is otherwise awarded a portion of an existing contract by a
contractor.
Sec.
4722.21.
The
requirements of this section apply with respect to a contract for
roofing services for an amount greater than seven hundred fifty
dollars.
(A)
The contract shall be in writing and shall include all of the
following:
(1)
The complete agreement between the consumer and the contractor,
including a clear description of any other documents that are or will
be incorporated into the contract;
(2)
The contractor's full legal name, business names, principal business
address, telephone number, and electronic mail address, if available;
(3)
Either of the following:
(a)
A description of the contractor's insurance coverage as described in
division (A)(1) of section 4722.23 of the Revised Code, including the
insurance policy limits, the effective dates of applicable policies,
and the name of the insurer;
(b)
A statement that a description of the contractor's insurance coverage
may be accessed at a specific web site or otherwise provided to the
consumer on request.
(4)
An itemized description of the work to be done, the cost of labor,
and the materials to be used in performing the contract;
(5)
The total amount agreed to be paid for the work to be performed under
the contract, including all change orders and work orders;
(6)
A provision allowing payment to be made by cash, check, or credit
card, at the consumer's discretion;
(7)
If the contractor intends to charge a consumer making payment by
credit card a credit card processing fee, a provision allowing the
contractor to charge the consumer a fee of up to three and one-half
per cent of the amount in division (A)(5) of this section;
(8)
The signatures of all persons party to the contract;
(9)
In immediate proximity to the space reserved for the consumer's
signature, a statement in substantially the following form and in at
least ten-point boldface type:
"You
may cancel this contract not later than the third business day after
entering into this contract. If this contract is related to an
insurance claim, you may also cancel the contract not later than the
third business day after you are notified that your insurer has
denied all of a claim or loss related to the contract. See the
attached notice of cancellation form for an explanation of this
right."
(10)
A fully completed form in duplicate, captioned "NOTICE OF
CANCELLATION," which shall be attached to the contract but
easily detachable, and which shall contain the following statement in
at least ten-point boldface type:
"NOTICE
OF CANCELLATION
You
may cancel this contract not later than the third business day after
entering into the contract. If this contract is related to an
insurance claim, you may also cancel the contract not later than the
third business day after you are notified that your insurer has
denied all of your claim or loss. You may cancel the contract by
mailing or delivering a signed and dated copy of this cancellation
notice or any other written notice to (name of contractor) at
(contractor's principal business address) at any time before the
applicable deadline. You may also send a cancellation notice through
electronic mail if the contractor has provided an electronic mail
address. If you cancel, any payments you have made under the contract
will be returned to you, less a reasonable charge for any services
and materials provided, not later than the fifteenth business day
after you send the cancellation notice to the contractor, and any
security interest arising out of the transaction will be canceled.
You must retain a copy of the cancellation notice.
I
HEREBY CANCEL THIS TRANSACTION
________________________________
(Date)
________________________________
(Signature)"
(B)
At the time the contract is signed, the contractor shall provide to
the consumer a copy of the contract signed by both the contractor and
the consumer. No work shall begin before the contract is signed and a
copy of the contract is provided to the consumer.
(C)
The contract and notice of cancellation required under this section
may be delivered and signed electronically in accordance with Chapter
1306. of the Revised Code.
(D)
Nothing in sections 4722.20 to 4722.25 of the Revised Code requires
the consumer's insurer to pay or reimburse the consumer for the fee
in division (A)(7) of this section.
Sec.
4722.22.
(A)
A consumer may cancel a contract for roofing services not later than
the third business day after the consumer enters into the contract. A
consumer who has entered into a contract that is to be paid from the
proceeds of a property or casualty insurance policy claim also may
cancel the contract not later than the third business day after the
consumer receives written notice from the insurer that all of the
claim in question is not covered under the insurance policy.
(B)
A notice of cancellation is not required to be in any particular form
and is sufficient if it indicates, by any form of written expression,
the consumer's intention not to be bound by the contract. The
consumer shall retain a copy of the cancellation notice for a
reasonable period of time.
(C)
A contract is canceled when the consumer gives written notice of
cancellation to the contractor at the principal business address or,
if applicable, electronic mail address, stated in the contract. If
the consumer gives notice of cancellation by mail, the cancellation
is effective when the consumer deposits the notice into the United
States mail, postage prepaid, and properly addressed to the
contractor.
(D)
Not later than the fifteenth business day after a contract is
canceled, the contractor shall tender to the consumer or to the
possessor of the residential premises any payments, partial payments,
or deposits made by the consumer and any note of indebtedness, except
that if the contractor has performed services or provided materials
that have been acknowledged by the consumer in writing, the
contractor is entitled to the reasonable value of those services or
materials.
Sec.
4722.23.
(A)
A contractor shall do both of the following:
(1)
Obtain both of the following in the name of the contractor and
maintain them in full force and effect while the contractor is
providing roofing services:
(a)
Workers' compensation insurance;
(b)
Contractor liability insurance, including completed operations
coverage, in an amount of at least five hundred thousand dollars.
(2)
Maintain a list of all subcontractors who have performed work under
any contract under which the contractor has begun work during the
past three years. The list shall include, at a minimum, each
subcontractor's full legal name and principal business address.
(B)
A contractor shall not do any of the following:
(1)
Advertise, promise to pay, or rebate any portion of an insurance
deductible as an inducement to the sale of goods or services,
including granting an allowance or offering a discount against the
fees to be charged or paying the consumer, or any person directly or
indirectly associated with the property in question, any form of
compensation, except as permitted under division (B)(2) of this
section;
(2)
Induce the sale of goods or services by doing any of the following:
(a)
Offering or providing any upgraded work, material, or product not
specified in the contract, unless the contractor and the consumer
sign a written addendum to the contract that provides for that
upgraded work, material, or product;
(b)
Granting any allowance or offering any discount against the fees to
be charged, unless the allowance or discount is specified in the
contract or unless the contractor and the consumer sign a written
addendum to the contract that provides for that allowance or
discount;
(c)
Paying to the consumer, or to any other person directly or indirectly
associated with the property in question, any form of compensation,
including a gift, prize, bonus, coupon, credit, referral fee,
trade-in or trade-in payment, advertising, or other fee or payment,
unless the compensation is specified in the contract or unless the
contractor and the consumer sign a written addendum to the contract
that provides for that compensation;
(3)
Require a deposit of more than one-half of the contract price;
(4)
Abandon or fail to perform, without justification, any ongoing
contract or deviate from or disregard plans or specifications in any
material respect without the consent of the consumer;
(5)
Fail to credit the consumer for any payment the consumer has made to
the contractor in connection with the contract;
(6)
Make any material misrepresentation in the procurement of a contract
or make any false promise likely to influence, persuade, or induce
the procurement of a contract;
(7)
Violate any applicable state or local building code;
(8)
Fail to pay for materials or services rendered in connection with
operating as a contractor, if the contractor has received sufficient
funds as payment for the particular construction work, project, or
operation for which the services or materials were rendered or
purchased;
(9)
Report, adjust, or negotiate a claim on behalf of a consumer or
receive compensation for referring a claim to any person who reports,
adjusts, or negotiates a claim on behalf of a consumer;
(10)
Fail to possess any insurance required under state, federal, or local
laws;
(11)
Seek or obtain a power of attorney on behalf of a consumer;
(12)
Represent, negotiate, obtain, or attempt to obtain an assignment of
claims, rights, benefits, or proceeds from a consumer;
(13)
Offer or advertise to represent, negotiate, obtain, or attempt to
obtain an assignment of claims, rights, benefits, or proceeds from a
consumer;
(14)
Act as a public insurance adjuster or public insurance adjuster agent
on any claim related to an ongoing contract.
(C)
A contractor may provide information or a professional opinion about
a claim directly to a consumer. The contractor may provide
information or a professional opinion about a claim in writing
directly to the consumer's insurer.
(D)(1)
Nothing in this section shall be construed to permit a public
insurance adjuster or public insurance adjuster agent to do either of
the following:
(a)
Engage in any manner or degree, for compensation of any kind, in the
business of repairing, remodeling, or replacing damaged or destroyed
property, real or personal, which damage or destruction is covered by
a policy of insurance;
(b)
Have any direct or indirect interest in, or receive compensation of
any kind from, any person, firm, association, partnership, or
corporation which is engaged in such business.
(2)
Nothing in this section shall be construed to modify in any manner
the conduct of a public insurance adjuster or public insurance
adjuster agent who holds a valid certificate of authority issued
under Chapter 3951. of the Revised Code and is acting in compliance
with that chapter or any rule adopted under it.
Sec.
4722.24.
Failure
to comply with sections 4722.20 to 4722.23 of the Revised Code
constitutes a deceptive act or practice in connection with a consumer
transaction in violation of section 1345.02 of the Revised Code.
Sec.
4722.25.
Sections
4722.20 to 4722.24 of the Revised Code shall not be construed to
limit or diminish any rights or remedies available under sections
1345.21 to 1345.28 of the Revised Code.
The
contract required under section 4722.21 of the Revised Code shall be
deemed to comply with the requirements of divisions (A), (B)(1), (2),
and (3) of section 1345.23 of the Revised Code.
Sec.
4722.26.
It
is the intent of the General Assembly in enacting sections 4722.20 to
4722.25 of the Revised Code to establish minimum standards for
roofing contracts and to promote fair and honest practices in the
roofing services business.
Section
2.
That
existing sections 4722.01, 4722.03, 4722.06, 4722.07, and 4722.08 of
the Revised Code are hereby repealed.
Section
3.
Sections
4722.20, 4722.21, 4722.22, 4722.23, 4722.24, and 4722.25 of the
Revised Code, as enacted by this act, take effect on the ninetieth
day after the effective date of this section.