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Oregon State Archives

Oregon Bulletin

February 1, 2011

Construction Contractors Board
Chapter 812

Rule Caption: Housekeeping, home inspector continuing education, implement EEAST program.

Adm. Order No.: CCB 17-2010

Filed with Sec. of State: 12-22-2010

Certified to be Effective: 1-1-11

Notice Publication Date: 12-1-2010

Rules Adopted: 812-002-0677, 812-025-0000, 812-025-0005, 812-025-0010, 812-025-0015, 812-025-0020, 812-025-0025, 812-025-0030, 812-025-0035, 812-025-0040, 812-025-0045

Rules Amended: 812-002-0320, 812-008-0074, 812-020-0090

Subject: • 812-002-0320 is amended to modify the definition of general contractor so residential general contractors can work on projects involving $2,500 or less under its general contractor license.

• 812-002-0677 is adopted to create a new definition for specialty contractor. In general, a contractor performing only one or two building trades or crafts. However, if a residential contractor, the specialty contractor may supervise or perform more than two building trades or crafts on projects involving $2,500 or less.

• 812-002-0760 is amended per Attorney General advice to clarify the definition as subject to general exemption of ORS 701.010.

• 812-002-0780 is amended per Attorney General advice to clarify that the rule does not apply merely based on intent not to build structures, but on actually not building structures.

• 812-008-0074 is amended to clarify the education that qualifies for continuing education for home inspectors.

• 812-020-0090 is amended to clarify that course is completed by key employee, not the commercial contractor.

• Adopt Division 25 rules 812-025-0000, 812-025-0005, 812-025-0010, 812-025-0015, 812-025-0020, 812-025-0025, 812-025-0030, 812-025-0035, 812-025-0040, and 812-025-0045 to implement a certification system for contractors constructing small scale local energy projects finances by the Energy Efficiency and Sustainable Technology (EEAST) program. (OR Laws 2009, chapter 253, section 48)

Rules Coordinator: Catherine Dixon—(503) 378-4621, ext. 4077

812-002-0320

General Contractor

“General contractor” means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises, subcontracts to be performed or performs in whole or in part.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-002-0677

Specialty Contractor

“Specialty contractor” means a contractor who performs work on a structure, project, development or improvement and whose business operations:

(1) Require the use of two or fewer unrelated building trades or crafts; or

(2) If a residential contractor, require the use of more than two unrelated building trades or crafts that the specialty contractor supervises, subcontracts to be performed or performs, provided that the sum of all contracts (including labor and materials) on any single property does not exceed $2,500.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-008-0074

Approved Course Subjects and Education Providers

(1) The following subject areas are approved for continuing education units: Report writing, communication skills, business practices, legal issues, ethics, home inspector study guide items, building codes, construction, renovation, and home inspector standards of practice.

(2) If applicable, a foreign company applying to be an education provider must be authorized by the Oregon Corporation Division to do business in Oregon. All education provider applicants must register their assumed business name(s) used in Oregon with the Oregon Corporation Division.

(3) Education provider applicants shall complete an application form prescribed by the agency that shall include but is not limited to the following information:

(a) Evidence that the education provider applicant complies with section (2) of this rule.

(b) An outline that demonstrates the goals and objectives of the education program are appropriate for Oregon Home Inspectors;

(c) Certification that the courses intended for Oregon Home Inspectors are in the approved subject matter stated in OAR 812-008-0074(1).

(d) Certification that the instructors are qualified and have:

(A) Experience in subject matter.

(B) Licenses, certificates, and/or degrees in subject matter.

(D) Knowledge of home inspection industry.

(e) Certification that the criteria used by the education provider to approve and evaluate instructors and courses are stringent and ongoing.

(4) Education providers offering continuing education units as defined in 812-008-0072(1) shall provide completion certificates to course attendees within 30 days from the date of course completion. Course completion certificates shall include but are not limited to the following:

(a) Education provider’s name;

(b) Attendee’s name;

(d) Subject areas covered in course;

(e) Number of clock hours or continuing education units; and

(f) Signature of education program designee.

(5) Education providers’ programs approved by the agency shall be granted retroactive credit for certified home inspectors for two years.

(6) The agency may terminate a provider’s program if they do not meet the agency’s approved criteria.

Stat. Auth.: ORS 670.310, 701.235 & 701.350

Stats. Implemented: ORS 701.350 & 701.355

Hist.: CCB 5-1999, f. & cert. ef. 9-10-99; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-020-0090

Key Employee of More than One Commercial Contractor — Continuing Education for Commercial Contractors

If a key employee who completes a continuing education course is employed by more than one commercial contractor when the course is completed, each commercial contractor may include those hours to certify that it satisfied the continuing education requirement.

Stat. Auth.: ORS 670.310, 701.124 & 701.235

Stats. Implemented: 701.124

Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0000

Authority, Purpose, Scope

(1) Authority. These rules are promulgated in accordance with, and under the authority of, ORS 470.560, 670.310, 701.108, 701.119 and Oregon Laws 2009, chapter 753, section 48.

(2) Purpose. These rules establish a certification system for contractors that participate in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program created by ORS chapter 470 and Oregon Laws 2009.

(3) Scope. These rules:

(a) Establish the requirements for, and the manner of, certifying applicants.

(b) Establish fees.

(d) Outline requirements for notifying other agencies.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753, Sec. 42-46a, 48 & 49

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0005

Definitions

The following definitions apply to division 25 of OAR chapter 812.

(1) “BOLI” means Bureau of Labor and Industries.

(2) “BPI” means Building Performance Institute.

(3) “Certification” means certification provided to contractors that participate in the construction of small scale local energy projects financed through the EEAST program.

(4) “Disadvantaged business enterprise” means that term as defined in ORS 200.005(1). A “disadvantaged business enterprise” is a small business concern:

(a) That is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or

(b) If a corporation, at least 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals, and of which the management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

(5) “EEAST” means energy efficiency and sustainable technology.

(6) “Equal opportunity employer” means an employer that follows the principle of equal opportunity in regards to its hiring and promotion practices. An equal opportunity employer does not discriminate based on race, color, national origin, religion, gender, age, or physical or mental disability.

(7) “Minority or women business enterprise” means that term as defined in ORS 200.005(5). A “minority or women business enterprise” is a small business concern:

(a) That is at least 51% owned by one or more minority individuals or women; or

(b) If a corporation, at least 51 percent of the stock is owned by one or more individuals who are minority individuals or women, and of which the management and daily business operations are controlled by one or more of the minority individuals or women who own it.

(8) “ODOE” means the Oregon Department of Energy.

(9) “Program” or “EEAST program” means the energy efficiency and sustainable technology loan program.

(10) “Project” means a small scale local energy project, as defined by ORS 470.050(27), being funded by the EEAST program.

(11) “REAP” means Residential Energy Analyst Program offered through the Oregon Energy Coordinators Association.

(12) “Small business” means:

(a) An Oregon business that is:

(A) A retail or service business employing 50 or fewer persons at the time the loan is made; or

(B) An industrial or manufacturing business employing 200 or fewer persons at the time the loan is made; or

(b) An Oregon subsidiary of a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity for which the total number of employees for both the subsidiary and the parent sole proprietorship, partnership, company, cooperative, corporation or other form of business entity at the time the loan is made is:

(A) Fifty or fewer persons if the subsidiary is a retail or service business; and

(B) Two hundred or fewer if the subsidiary is an industrial or manufacturing business.

(13) “Small business concern,” for purposes of subsections (4) and (7) of this rule, is defined by the United States Small Business Administration (SBA). 13 C.F.R. part 121. A contractor is a “small business concern” if:

(a) It engages in the construction or remodeling of new or existing buildings and receives no more than $33.5 million in average annual receipts;

(b) It engages in dredging or surface cleanup activities and receives no more than $20.0 million in average annual receipts;

(c) It primarily engages in the following construction trades and receives no more than $14.0 million in average annual receipts:

(A) Poured concrete foundation and structure;

(B) Structural steel and precast concrete;

(D) Masonry;

(E) Glass and glazing;

(F) Roofing;

(G) Siding;

(H) Foundation, structure and building (other than concrete);

(I) Electrical;

(J) Plumbing;

(K) Heating and air-conditioning;

(L) Building equipment other than (I), (J) or (K);

(M) Drywall and insulation;

(N) Painting and wall covering;

(O) Flooring;

(P) Tile and terrazzo;

(Q) Finish carpentry;

(R) Building finishing other than carpentry;

(S) Site preparation.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0010

Application and Eligibility to Participate in Construction of Projects Financed by the EEAST Program

An applicant for certification must submit the following:

(1) A completed application on a form provided by the board;

(2) Proof that the applicant is licensed by the board as a residential or commercial contractor;

(3) A copy of a BPI or REAP certificate, referred to in OAR 812-025-0015;

(4) The fee established in OAR 812-025-0040.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0015

Qualifications for Certification: Skill to Perform Installation

ODOE adopted performance skill standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if:

(1) It holds a current and valid BPI accredited contractor.

(2) It is owned by or employs one or more persons who hold a current and valid BPI certificate in at least one of the following disciplines:

(a) Building analyst;

(b) Envelope;

(d) Air conditioning/heat pump;

(e) Manufactured housing;

(f) Multifamily.

(3) It is owned by or employs one or more persons who hold a current and valid REAP certificate as one or more of the following:

(a) Energy Analyst-1;

(b) Energy Analyst-2;

(d) Diagnostic Tech-1;

(e) Building Performance Specialist-1.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0020

Additional Qualifications for Certification

ODOE adopted standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if:

(1) It is not listed by the Commissioner of BOLI as ineligible to receive a contract, or subcontract, for public works;

(2) It is one or more of the following:

(a) An equal opportunity employer;

(b) A small business;

(d) A disadvantaged business enterprise.

(3) It has complied with the rules and other requirements of:

(a) The board;

(b) The Workers’ Compensation Division of the Department of Consumer and Business Services; and

(4) It employs at least 80 percent of employees used for the EEAST program from the local work force, if a sufficient supply of skilled workers is available locally.

(5) It has complied with federal and state wage and hour laws.

(6) It pays wages to employees used for the EEAST program at a rate equal to at least 180 percent of the state minimum wage, unless federal prevailing wages for residential weatherization and energy efficiency retrofit work is higher, in which case the higher wage requirement will apply.

(7) It pays wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation employed.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0025

Effective Date of Certification; Certification Term

(1) The effective date of the certification will be the date the applicant meets all board requirements, including but not limited to the receipt of the fee required under OAR 812-025-0040.

(2) All initial and renewal certifications will be non-transferrable and effective for one (1) year from the date of issue.

(3) All certifications will be assigned a unique number.

(4) An applicant for a certification may withdraw the application at any time before issuance of the certification. The applicant must make written request to the board in order to withdraw the certification application.

(5) If the board denies the certification, it shall state, in writing, the reasons for denial.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0030

Renewal of Certification

Contractors certified under these rules may renew their certifications by submitting the following:

(1) A properly completed application for certification renewal on a form provided by the board;

(2) Proof that the person is licensed by the board as a residential or commercial contractor;

(3) A copy of a BPI or REAP certificate, referred to in OAR 812-025-0015;

(4) The fee established in OAR 812-025-0040.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0035

Denial, Suspension or Revocation of Certification

The board may deny, refuse to renew, suspend or revoke a certification authorized under these rules on the following grounds:

(1) Obtaining a certification through invalid documentation;

(2) Permitting the duplication or use of the certification by another;

(3) Failing to comply with any of the certification standards in OAR 812-025-0015 and 812-025-0020.

(4) If a project is constructed for a commercial structure, failing to pay employees used for the project at the prevailing wage rated, as determined by the Commissioner of BOLI for each trade or occupation employed.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0040

Fees

(1) All initial and renewal certification application fees are non-refundable and non-transferrable.

(2) The fee for initial certification is $50.

(3) The fee for renewal certification is $50.

(4) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the board will charge the applicant $25 in addition to the required fees.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0045

Notification to Other Agencies

(1) The board’s website is available to ODOE to determine if the board issued, denied, suspended or revoked a certification.

(2) If the board receives a complaint that a certified contractor failed to comply with a wage and hour standard for a project under the EEAST program, the board will forward the complaint to BOLI.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

Rule Caption: Allows Lead-Based Paint Renovation Contractor Surrender License.

Adm. Order No.: CCB 18-2010(Temp)

Filed with Sec. of State: 12-22-2010

Certified to be Effective: 12-22-10 thru 6-19-11

Notice Publication Date:

Rules Adopted: 812-007-0323

Subject: 812-007-0323 is adopted to allow certified lead-based paint renovation (LBPR) contractors to offer to surrender their licenses.

Rules Coordinator: Catherine Dixon—(503) 378-4621, ext. 4077

812-007-0323

License Surrender

A certified LBP renovation contractor may request that the board accept the surrender of its license.

(1) The license remains in effect until the board accepts the surrender.

(2) If the board accepts the surrender, the board will notify the licensee of the date the license terminates.

(3) The board will not accept the surrender if an investigation of or disciplinary action against the licensee is pending.

(4) The licensee must cease renovating target housing or child-occupied facilities from the date the license terminates through the remainder of the license period.

(5) The board will not reinstate the surrendered license.

Stat. Auth.: ORS 670.310, 701.235 & 701.515

Stats. Implemented: ORS 701.510 & 701.515

Hist.: CCB 18-2010(Temp), f. & cert. ef. 12-22-10 thru 6-19-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.