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Oregon Bulletin

February 1, 2014

Construction Contractors Board, Chapter 812

Rule Caption: Implement 2013 Legislation, Housekeeping, New Endorsements, Contract Requirements, Home Energy Assessors, Worker Leasing Companies, EEAST

Adm. Order No.: CCB 6-2013

Filed with Sec. of State: 12-19-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Adopted: 812-032-0000, 812-032-0100, 812-032-0110, 812-032-0120, 812-032-0123, 812-032-0130, 812-032-0135, 812-032-0140, 812-032-0150

Rules Amended: 812-002-0120, 812-003-0131, 812-003-0152, 812-003-0153, 812-003-0171, 812-003-0175, 812-003-0180, 812-003-0221, 812-003-0240, 812-003-0250, 812-003-0260, 812-003-0290, 812-003-0310, 812-003-0320, 812-003-0390, 812-003-0400, 812-003-0430, 812-003-0440, 812-008-0030, 812-008-0040, 812-012-0110, 812-021-0005, 812-021-0021, 812-021-0045, 812-021-0047, 812-025-0000, 812-025-0005, 812-025-0010, 812-030-0000, 812-030-0240

Rules Repealed: 812-003-0130, 812-003-0140, 812-003-0141, 812-003-0150, 812-003-0170, 812-003-0220

Subject: Amend rules to implement 2013 legislative changes.

   812-002-0120 is amended to implement OR Laws Ch. 378 (HB 2524) (2013) that increase the casual, minor or inconsequential work from $500 to $1,000.

   812-003-0131 is amended to remove the reference to July 1, 2008, and to add the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, Home Service Contractor, and Home Energy Performance Score Contractor to implement SB 207 and HB 2801.

   812-003-0152 is amended to remove unnecessary references and to replace the reference to “ordered” with “determined” by the agency to reflect 2011 statute changes regarding the dispute resolution process.

   812-003-0153 is amended to remove unnecessary references and to replace the reference to “ordered” with “determined” by the agency to reflect 2011 statute changes regarding the dispute resolution process.

   812-003-0171 is amended to remove the reference to July 1, 2008, and to add the bond amounts for the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, and Home Service Contractor to implement SB 207.

   812-003-0175 is amended to remove a reference that has been repealed and to add reference to “determination” by the agency to reflect 2011 statute changes regarding the dispute resolution process, and updates cite references.

   812-003-0180 is amended to add reference to “determination” by the agency to reflect changes made in 2011 to the statutes regarding the dispute resolution process.

   812-003-221 is amended to remove the reference to July 1, 2008, and to add the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, and Home Service Contractor to implement SB 207.

   812-003-0240, 812-021-0021 are amended to implement OR Laws Ch. 196 (HB 2268) (2013) that changes the term “licensed” architect to “registered”.

   812-003-0250 is amended to add reference to business entities that “utilize one or more workers supplied by a worker leasing company to implement SB 207.

   812-003-0260 is amended to add information required in new license applications for new contractor license endorsements created by SB 207 and HB 2801 (2013), and updates cite references.

   812-003-0290 is amended to remove the reference to licenses renewing on or before July 1, 2008 since no such licenses remain.

   812-003-0310 is amended to add reference to limited partnerships and conditions for entity to remain unchanged, hence qualifying for a valid license card. Implements SB 207 (2013).

   812-003-0320 is amended to add reference to limited partnerships, which are a business entity that may operate as a contractor. Implements SB 207 (2013).

   812-003-0390 is amended to add reference to “determination” by the agency to reflect changes made in 2011 to statutes regarding dispute resolution process.

   812-003-0400 is amended to remove reference to ORS 701.085 which was renumbered to ORS 701.068.

   812-003-0430 is amended to change the word “claim” to “complaint” and remove reference to commenced on or after January 1, 1998 since there are no longer any liens perfected or complaints subject to CCB jurisdiction that occurred before that date, and correct cite references.

   812-003-0440 is amended to correct cite references.

   812-008-0030 is amended to add reference to the new “home inspection services contractor” endorsement created by SB 207 (2013), adds provisions to clarify that persons who assign home energy performance scores are exempt from the rules governing home inspectors (SB 207 - 2013), and adds provisions that home inspection services contractors are not required to complete continuing education (HB 2801 - 2013).

   812-008-0040 is amended to add the reference to the new “home inspection services contractor” endorsement created by SB 207 (2013), and adds the term “individual” before the word “applicant” to clarify that education is required of the individual, not the business.

   812-012-0110 is amended to implement OR Laws Ch. 168 (SB 205) (2013) the agency, by rule, adopts the mandatory contract terms.

   812-021-0005 is amended to add definition that employee includes leased workers from a licensed worker leasing company.

   812-021-0045 is amended to allow contractor to claim continuing education complete by leased worker only if the leased worker completed the courses while leased to the contractor.

   812-021-0047 is amended to allow only one contractor to claim continuing education credits earned by a leased worker.

   812-025-0000 is amended to implement OR Laws Ch. 8 (HB 2436) (2013) changes that limit certification to primary contractors for EEAST certification.

   812-25-0005 is amended to implement OR Laws Ch. 8 (HB 2436) (2013) by adding a definition for primary contractors in regard to EEAST certification.

   812-025-0010 is amended provide that a licensed contractor may apply to CCB for certification to participate “as a primary contractor” in the construction of small scale local energy projects financed by the EEAST program. (HB 2436 - 2013).

   812-030-0000 and 812-030-0240 is amended to remove reference to July 1, 2010 that is no longer necessary and to add reference to the new endorsement “residential locksmith contractor” created by SB 207 (2013).

   Adopt rules to implement Ch. 383 OR Laws 2013 (HB 2801):

   812-032-0000 is adopted to create definitions relating to home energy performance scores.

   812-032-0100 is adopted to establish the application requirements to implement HB 2801.

   812-032-0110 is adopted to establish the certificate requirements to implement HB 2801.

   812-032-0120 is adopted to establish the requirements to issue certificates to individuals applying to renew a home energy assessor’s certificate.

   812-032-0123 is adopted to establish that CCB will issue a certificate and pocket card to qualified home energy assessors and establish a fee for replacement cards.

   812-032-0130 is adopted to establish requirements for renewal of the home energy assessor certificates.

   812-032-0135 is adopted to establish requirements for home energy assessors to keep CCB informed of their mailing and email address.

   812-032-0140 is adopted to establish home energy assessor must be an owner or worker for a licensed contractor, and includes home energy performance score contractors.

   812-032-0150 is adopted to establish fees for the initial application, initial issuance and renewal of home energy assessor certificates.

   Repeal the following rules:

   812-003-0130 is repealed because the rule is outdated CCB no longer has license categories.

   812-003-0140 is repealed because it is no longer necessary as it applied to license applications, renewals and reissuance until June 30, 2010.

   812-003-0141 is repealed because it is no longer necessary as it applied to four year licenses issued on or before July 1, 2008 and no such license exists.

   812-003-0150 and 812-003-0170 are repealed because they are outdated and no longer necessary as it relates to bonds issued before July 1, 2008.

   812-003-0220 is repealed because it is outdated, it relates to insurance amounts for licenses issued before July 1, 2008.

   NOTE: In order to save postage and printing costs in these difficult times, CCB is only providing a copy of the notice. To view the language of each individual rule change, please go to our web site at http://www.oregon.gov/CCB/Laws_Rules.shtml#Administrative_Rule_Notices. If you don’t have web access, contact Cathy Dixon at (503) 934-2185 for assistance in receiving a copy.

Rules Coordinator: Catherine Dixon—(503) 934-2185

812-002-0120

Casual, Minor or Inconsequential

“Casual, minor or inconsequential” as used in ORS 701.010(4) means work not of a structural nature which cannot affect the health or safety of the owner or occupant of the structure, the value of which is less than 1,000 and does not include work done as a subcontractor to a licensee.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 656.027 & 701.010

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0131

License Endorsements

The following are license endorsements for new and renewal licenses:

(1) Residential General Contractor. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on residential or small commercial structures.

(2) Residential Specialty Contractor. A licensee holding this endorsement may:

(a) Bid or perform work involving two or less unrelated building trades or crafts on residential or small commercial structures.

(b) If three or more unrelated trades or crafts are performed or subcontracted out, the entire contract price cannot exceed $2,500.

(3) Residential Limited Contractor. A licensee holding this endorsement may bid or perform work involving residential or small commercial structures, as long as all of the following conditions are met:

(a) The licensee’s annual gross business sales do not exceed $40,000.

(b) The licensee does not enter into a contract in which the contract price exceeds $5,000.

(c) If the contract price in a contract for work performed by the licensee is based on time and materials, the amount charged by the licensee shall not exceed $5,000.

(d) The licensee consents to inspection by the Construction Contractors Board of its Oregon Department of Revenue tax records to verify compliance with paragraph (3)(a) of this rule.

(e) For purposes of this section, “contract” includes a series of agreements between the licensee and a person for work on any single work site within a one-year period.

(4) Residential Developer. A licensee holding this endorsement may develop property zoned for or intended for use compatible with a residential or small commercial structure as long as the licensee meets the conditions in ORS 701.042.

(5) Residential Locksmith Services Contractor. A licensee holding this endorsement may operate a business that provides the services of locksmiths for residential or small commercial structures. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or employee who is a certified locksmith.

(6) Home Inspector Services Contractor. A licensee holding this endorsement may operate a business that provides the services of home inspectors. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or employee who is a certified home inspector.

(7) Home Services Contractor. A licensee holding this endorsement may operate a business that provides service, repair or replacement pursuant to the terms of a home service agreement. The licensee may not, however, engage in any other contractor activities.

(8) Home Energy Performance Score Contractor. A licensee holding this endorsement may operate a business that assigns home energy performance scores. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or employee who is a certified home energy assessor.

(9) Commercial General Contractor — Level 1. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on small or large commercial structures.

(10) Commercial Specialty Contractor — Level 1. A licensee holding this endorsement may bid or perform work involving two or less unrelated building trades or crafts on small or large commercial structures.

(11) Commercial General Contractor — Level 2. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on small or large commercial structures.

(12) Commercial Specialty Contractor — Level 2. A licensee holding this endorsement may bid or perform work involving two or less unrelated building trades or crafts on small or large commercial structures.

(13) Commercial Developer. A licensee holding this endorsement may develop property zoned for or intended for use compatible with a small or large commercial structure as long as the licensee meets the conditions in ORS 701.042.

(14) A contractor’s license may contain:

(a) One residential endorsement;

(b) One commercial endorsement; or

(c) One residential endorsement and one commercial endorsement.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.042, 701.081 & 701.084

Hist.: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0152

Residential Bonds Generally

(1) A properly executed residential bond must:

(a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond.

(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Residential Surety Bond” dated November 1, 2007.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 or 701.088 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A residential bond is available only for payments determined by the agency involving residential or small commercial structures or for the development of property zoned or intended for use compatible with residential or small commercial structures.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.068, & 701.081

Hist.: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0153

Commercial Bonds Generally

(1) A properly executed commercial bond must:

(a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond.

(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial Surety Bond” dated November 1, 2007.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A commercial bond is available only for payments determined by the agency involving small or large commercial structures or for the development of property zoned or intended for use compatible with large or small commercial structures.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.068 & 701.084

Hist.: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0171

Bond, Letter of Credit or Cash Deposit

For all new and renewal license applications, a surety bond as required under ORS 701.068, or a surety bond, letter of credit or cash deposit as required under 701.088, must be in one of the following amounts:

(1) Residential General Contractor — $20,000.

(2) Residential Specialty Contractor — $15,000.

(3) Residential Limited Contractor — $10,000.

(4) Residential Developer — $20,000.

(5) Residential Locksmith Services Contractor — $10,000.

(6) Home Inspector Services Contractor — $10,000.

(7) Home Services Contractor — $10,000.

(8) Home Energy Performance Score Contractor — $10,000.

(9) Commercial General Contractor Level 1 — $75,000.

(10) Commercial Specialty Contractor Level 1 — $50,000.

(11) Commercial General Contractor Level 2 — $20,000.

(12) Commercial Specialty Contractor Level 2 — $20,000.

(13) Commercial Developer — $20,000.

Stat. Auth.: ORS 670.310, 701.068, 701.088 & 701.235

Stats. Implemented: ORS 701.068 & 701.088

Hist.: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0175

Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity

(1) A business, including an individual person, applying for or renewing a license will file a bond, letter of credit or cash deposit in an amount up to five times the amount required for the category of license under OAR 812-003-0171, if:

(a) The business has unpaid debts under a final order, arbitration award or determination of the board;

(b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the board; or

(c) An owner or officer of the business was an owner or officer of another business at the time the other business incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains unpaid.

(2) A business, including an individual person, licensed as a residential general contractor or residential specialty contractor that applies to be licensed as, or seeks to change its endorsement to, a residential limited contractor must file a bond, letter or credit or cash deposit in an amount of five times the amount of the residential limited contractor bond, namely $50,000, if:

(a) The business has unpaid debts under a final order, arbitration award or determination of the board;

(b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the board; or

(c) An owner or officer of the business was an owner or officer of another business at the time the other business incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains unpaid.

(3) For purposes of this rule, “owner” means an “owner” as defined in ORS 701.094 and OAR 812-002-0537.

(4) For purposes of this rule, “officer” means an “officer” as defined in ORS 701.005(12).

(5) Debts due under a final order or arbitration award of the board include amounts not paid by a surety or financial institution on complaints.

Stat. Auth.: ORS 670.310, 701.068, 701.088 & 701.235

Stats. Implemented: ORS 701.068 & 701.088

Hist.: CCB 4-2006(Temp), f. & cert. ef. 3-9-06 thru 9-5-06; CCB 9-2006, f. & cert. ef. 9-5-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0180

Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit

(1) The surety bond, letter of credit or cash deposits effective date is the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by the agency.

(2) The bond shall remain in effect and be continuous until cancelled by the surety or until the licensee no longer meets the requirements for licensing as determined by the agency, whichever comes first.

(3) A surety bond may be cancelled by the surety only after the surety has given 30 days’ notice to the agency. Cancellation will be effective no less than 30 days after receipt of the cancellation notice.

(4) The letter of credit or cash deposit shall remain in effect and be continuous until released by the agency.

(5) Immediately upon cancellation of the bond, or cancellation without an authorized release by the agency of a letter of credit or cash deposit the agency may send an emergency suspension notice to the contractor as provided for in ORS 701.098(4)(a)(A), informing the contractor that the license has been suspended.

(6) The bond, letter of credit or cash deposit shall be subject to final orders or arbitration awards as described in OAR 812-004-0600 or determinations as described in OAR 812-004-1600.

(7) The surety or financial institution will be responsible for ascertaining the bond, letter of credit or cash deposit’s effective date.

Stat. Auth.: ORS 670.310, 701.068, 701.088 & 701.235

Stats. Implemented: ORS 701.068, 701.088 & 701.098

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0221

Insurance Amounts

For all new and renewal license applications, insurance amounts as required under ORS 701.073, 701.081, and 701.084, must be in one of the following amounts:

(1) Residential General Contractor — $500,000 per occurrence.

(2) Residential Specialty Contractor — $300,000 per occurrence.

(3) Residential Limited Contractor — $100,000 per occurrence.

(4) Residential Developer — $500,000 per occurrence.

(5) Residential Locksmith Services Contractor — $100,000 per occurrence.

(6) Home Inspector Services Contractor — $100,000 per occurrence.

(7) Home Services Contractor — $100, 000 per occurrence.

(8) Home Energy Performance Score Contractor — $100,000 per occurrence.

(9) Commercial General Contractor Level 1 — $2,000,000 aggregate.

(10) Commercial Specialty Contractor Level 1 — $1,000,000 aggregate.

(11) Commercial General Contractor Level 2 — $1,000,000 aggregate.

(12) Commercial Specialty Contractor Level 2 — $500,000 per occurrence.

(13) Commercial Developer — $500,000 per occurrence.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.073, 701.081 & 701.084

Hist.: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0240

Independent Contractor

(1) Purpose of Rule. The Landscape Contractors Board, Department of Revenue, Department of Consumer and Business Services, Employment Department, and Construction Contractors Board must adopt rules together to carry out ORS 670.600. ORS 670.600 defines “independent contractor” for purposes of the programs administered by these agencies. This rule is intended to ensure that all five agencies apply and interpret 670.600 in a consistent manner; to clarify the meaning of terms used in 670.600; and, to the extent possible, to enable interested persons to understand how all five agencies will apply 670.600.

(2) Statutory Context.

(a) ORS 670.600 generally establishes three requirements for “independent contractors”. One requirement is that an “independent contractor” must be engaged in an “independently established business.” Another requirement is related to licenses and certificates that are required for an “independent contractor” to provide services. A third requirement is that an “independent contractor” must be “free from direction and control over the means and manner” of providing services to others.

(b) The specific focus of this rule is the “direction and control” requirement. See ORS 670.600 for the requirements of the “independently established business” test and for licensing and certification requirements.

(3) Direction and Control Test.

(a) ORS 670.600 states that an “independent contractor” must be “free from direction and control over the means and manner” of providing services to others. The agencies that have adopted this rule will use the following definitions in their interpretation and application of the “direction and control” test:

(A) “Means” are resources used or needed in performing services. To be free from direction and control over the means of providing services an independent contractor must determine which resources to use in order to perform the work, and how to use those resources. Depending upon the nature of the business, examples of the “means” used in performing services include such things as tools or equipment, labor, devices, plans, materials, licenses, property, work location, and assets, among other things.

(B) “Manner” is the method by which services are performed. To be free from direction and control over the manner of providing services an independent contractor must determine how to perform the work. Depending upon the nature of the business, examples of the “manner” by which services are performed include such things as work schedules, and work processes and procedures, among other things.

(C) “Free from direction and control” means that the independent contractor is free from the right of another person to control the means or manner by which the independent contractor provides services. If the person for whom services are provided has the right to control the means or manner of providing the services, it does not matter whether that person actually exercises the right of control.

(b) Right to specify results to be achieved. Specifying the final desired results of the contractor’s services does not constitute direction and control over the means or manner of providing those services.

(4) Application of “direction and control” test in construction and landscape industries.

(a) The provisions of this section apply to:

(A) Architects registered under ORS 671.010 to 671.220;

(B) Landscape architects licensed under ORS 671.310 to 671.479;

(C) Landscape contracting businesses licensed under ORS 671.510 to 671.710;

(D) Engineers licensed under ORS 672.002 to 672.325; and

(E) Construction contractors licensed under ORS chapter 701.

(b) A licensee described in (4)(a), that is paying for the services of a subcontractor in connection with a construction or landscape project, will not be considered to be exercising direction or control over the means or manner by which the subcontractor is performing work when the following circumstances apply:

(A) The licensee specifies the desired results of the subcontractor’s services by providing plans, drawings, or specifications that are necessary for the project to be completed.

(B) The licensee specifies the desired results of the subcontractor’s services by specifying the materials, appliances or plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for the project to be completed.

(C) When specified by the licensee’s customer or in a general contract, plans, or drawings and in order to specify the desired results of the subcontractor’s services, the licensee provides materials, appliances, or plants, including, but not limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed by subcontractors in the performance of their work, and which are necessary for the project to be completed.

(D) The licensee provides, but does not require the use of, equipment (such as scaffolding or forklifts) at the job site, which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such equipment.

(E) The licensee has the right to determine, or does determine, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

(F) The licensee reserves the right to change, or does change, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

(5) As used in ORS Chapters 316, 656, 657, 671 and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an “independent contractor” if the standards of 670.600 are met.

(6) The Construction Contractors Board, Employment Department, Landscape Contractors Board, Workers Compensation Division, and Department of Revenue of the State of Oregon, under authority of ORS 670.605, will cooperate as necessary in their compliance and enforcement activities to ensure among the agencies the consistent interpretation and application of 670.600.

(7) The Board adopts the form “Independent Contractor Certification Statement” as revised January 17, 2006. An applicant must use this form to meet the requirements of ORS 701.046(1)(k).

Stat. Auth.: ORS 670.310, 670.605 & 701.235

Stats. Implemented: ORS 670.600, 670.605, 701.005 & 701.046

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 6-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 1-2006(Temp), f. & cert. ef. 1-11-06 thru 7-10-06; CCB 5-2006, f. & cert. ef. 3-30-06; CCB 1-2007, f. 1-25-07, cert. ef. 2-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0250

Exempt and Nonexempt Class of Independent Contractor Licenses

Contractors shall license as either nonexempt or exempt as provided in ORS 701.035.

(1) The nonexempt class is composed of the following entities:

(a) Sole proprietorships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(b) Partnerships or limited liability partnerships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(c) Partnerships or limited liability partnerships with more than two partners if any of the partners are not family members;

(d) Joint ventures with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(e) Joint ventures with more than two joint venturers if any of the joint venturers are not family members;

(f) Limited partnerships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(g) Limited partnerships with more than two general partners if any of the general partners are not family members;

(h) Corporations with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(i) Corporations with more than two corporate officers if any of the corporate officers are not family members;

(j) Trusts with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(k) Trusts with more than two trustees if any of the trustees are not family members.

(l) Limited liability companies with one or more employees or that utilize one or more workers supplied by a worker leasing company; or

(m) Limited liability companies with more than two members if any of the members are not family members.

(2) The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.

(3) An exempt contractor may work with the assistance of individuals who are employees of or workers supplied by a worker leasing company to a nonexempt contractor as long as the nonexempt contractor or the nonexempt contractor’s worker leasing company:

(a) Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employees with workers’ compensation insurance; and

(b) Does the payroll and pays all its employees, including those employees who assist an exempt contractor.

(4) Except as provided in sections (5) through (8) of this rule, entities shall supply the following employer account numbers as required under ORS 701.046:

(a) Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and policy or binder number;

(b) Oregon Employment Department and Oregon Department of Revenue combined business identification number; and

(c) Internal Revenue Service employer identification number or federal identification number.

(5) Exempt entities are not required to supply employer account numbers under section (4) of this rule except as follows:

(a) Partnerships, joint ventures, limited liability partnerships, and limited partnerships that have no employees and are not directly involved in construction work may be classed as exempt when the entity certifies that all partners or joint venturers qualify as nonsubject workers under ORS 656.027. Such partnerships or joint ventures must supply the Internal Revenue Service employer identification number or federal identification number.

(b) Corporations qualifying as exempt under ORS 656.027(10) must supply the Oregon Employment Department and Oregon Department of Revenue combined business identification number unless the corporation certifies that corporate officers receive no compensation (salary or profit) from the corporation.

(c) Corporations qualifying as exempt must supply the Internal Revenue Service employer identification number or federal identification number.

(d) Limited liability companies must supply the Internal Revenue Service employer identification number or federal identification number unless the limited liability company has only one member and has no employees.

(6) Nonexempt entities that utilize volunteers that qualify under ORS 656.027 (20) or that utilize one or more workers supplied by a worker leasing company need not supply an Oregon workers’ compensation account number or workers’ compensation insurance carrier name and policy or binder number.

(7) Nonexempt entities that utilize one or more workers supplied by a worker leasing company and have no other applicable tax reporting obligations need not supply:

(a) An Internal Revenue Service employer identification number or federal identification number; or

(b) An Oregon Employment Department and Oregon Department of Revenue combined business identification number.

(8) Out-of-state applicants with no Oregon subject workers as provided in ORS 656.126 and OAR 436-050-0055 must supply their home state account numbers, and need not supply an Oregon workers’ compensation account number.

Stat. Auth.: ORS 183.310 - 183.500, 670.310, 701.235 & 701.992

Stats. Implemented: ORS 701.035 & 701.098

Hist.: CCB 1-1989, f. & cert. ef. 11-1-89; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 4-1993, f. 8-17-93, cert. ef. 8-18-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 3-1995, f. 9-7-95, cert. ef. 9-9-95; CCB 2-1997, f. 7-7-97, cert. ef. 7-8-97; CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 4-1999, f. & cert. ef. 6-29-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0002; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0260

Application for New License

(1) Each entity must complete an application form prescribed by the agency. Information provided on the form must include, but not be limited to:

(a) Name of business entity, all additional business names, including assumed business names, under which business as a contractor is conducted, and Corporation Division registry numbers (if applicable);

(b) Mailing and location address of the business entity;

(c) Legal name and address (which may be the business address) of:

(A) The owner of a sole proprietorship;

(B) All partners of a general partnership or limited liability partnership;

(C) All joint venturers of a joint venture;

(D) All general partners of a limited partnership;

(E) All corporate officers of a corporation;

(F) All trustees of a trust;

(G) The manager and all members of a manager-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph;

(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph; or

(I) The responsible managing individual designated by the applicant.

(d) Except for a public company, the date of birth and driver license number of:

(A) The owner of a sole proprietorship;

(B) All partners of a general partnership or limited liability partnership;

(C) All joint venturers of a joint venture;

(D) All general partners of a limited partnership;

(E) All corporate officers of a corporation;

(F) All trustees of a trust;

(G) The manager and all members of a manager-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph;

(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph; or

(I) The responsible managing individual designated by the applicant.

(J) For purposes of this subsection, a “public company” means any business entity that offers securities registered for sale by the federal Securities and Exchange Commission to the general public.

(e) Social security number of the owner of a sole proprietorship or partners, if partners are human beings, in a general partnership;

(f) Class of independent contractor license and employer account numbers as required under OAR 812-003-0250;

(g) License endorsement sought, as provided for under OAR 812-003-0131;

(h) The identification number of the responsible managing individual who has completed the education and passed the examination required under ORS 701.122 or is otherwise exempt under division 6 of these rules;

(i) The Standard Industrial Classification (SIC) numbers of the main construction activities of the entity;

(j) Names and certification numbers of all certified locksmiths if the entity is a Residential Locksmith Services Contractor or will do work providing locksmith services under ORS 701.475 to 701.490;

(k) Names and certification numbers of all certified home inspectors if the entity will do work as a home inspector under ORS 701.350;

(l) Names and certification numbers of all certified home energy assessors if the entity is a Home Energy Performance Contractor providing home energy performance scores under Oregon Laws 2013, chapter 383, sections 3 through 7 or will do work providing home energy performance scores.

(m) For each person described in subsection (1)(c) of this section, the following information if related to construction activities:

(A) If unsatisfied on the date of application, a copy of a final judgment by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body;

(B) If unsatisfied on the date of application, a copy of a final order by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or public body;

(C) If pending on the date of application, a copy of a court complaint filed in any state that alleges that the person owes money to another person or public body; or

(D) If pending on the date of application, a copy of an administrative notice of action issued in any state that alleges that the person owes money to another person or public body.

(n) For each person described in subsection (1)(c) of this section, the following information if related to construction activities;

(A) A copy of a judgment of conviction for a crime listed in ORS 701.098(1)(i), entered within five years preceding the application date; or

(B) A copy of an indictment for a crime listed in ORS 701.098(1)(i), entered within five years preceding the application date.

(C) In addition to documents required in paragraphs (1)(l)(A) and (B) of this section, copies of police reports, parole or probation reports indicating parole or probation officer’s name and phone number, and letters of reference.

(o) Independent contractor certification statement and a signed acknowledgment that if the licensee qualifies as an independent contractor the licensee understands that the licensee and any heirs of the licensee will not qualify for workers’ compensation or unemployment compensation unless specific arrangements have been made for the licensee’s insurance coverage and that the licensee’s election to be an independent contractor is voluntary and is not a condition of any contract entered into by the licensee;

(p) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information provided in the application is true and correct; and

(2) A complete license application includes but is not limited to:

(a) A completed application form as provided in section (1) of this rule;

(b) The new application license fee as required under OAR 812-003-0140;

(c) A properly executed bond, letter of credit or assignment of savings as required under OAR 812-003-0152, 812-003-0153, or 812-003-0155; and

(d) The certification of insurance coverage as required under OAR 812-003-0200.

(3) The agency may return an incomplete license application to the applicant with an explanation of the deficiencies.

(4) All entities listed in section (1) of this rule that are otherwise required to be registered with the Oregon Corporation Division must be registered with the Oregon Corporation Division and be active and in good standing. All assumed business names used by persons or entities listed in section (1) of this rule must be registered with the Oregon Corporation Division as the assumed business name of the person or entity using that name.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 25.270, 25.785, 25.990, 701.035, 701.050, 701.056, 701.068, 701.073, 701.081, 701.088 & 701.122

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 8-2006, f. & cert. ef. 9-5-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2007, f. 8-29-07, cert. ef. 9-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2008, f. & cert .ef. 3-24-08; CCB 8-2008, f. 4-28-08, cert. ef. 7-1-08; CCB 12-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0290

License Renewal, Reissue, New Issue; Effective Dates; Term

(1) Except as provided in section (3) of this rule, a completed renewal or reissue application required under OAR 812-003-0260 shall be on file with the agency before a license may be renewed or reissued.

(2) In order to obtain a renewed or reissued license, a contractor must provide the following:

(a) A completed application form;

(b) Proof of insurance;

(c) A commercial or residential bond, or both (as indicated by the contractor’s endorsement(s));

(d) Where authorized by ORS 701.088, a letter of credit or cash deposit in lieu of the bond; and

(e) An application fee.

(3) If agency error causes the delayed receipt of the required documents or fee, the agency may renew or reissue the license with an effective date before the date on which all requirements were satisfied. Otherwise, all documents and fees must be received by the agency before the agency may renew or reissue the license.

(4) If a contractor satisfies all requirements for license renewal before the expiration date:

(a) The license is renewed; and

(b) The effective date of the license is the expiration date.

(5) If a contractor continuously maintains a bond and insurance and satisfies all requirements for renewal within two years after the expiration date:

(a) The license is renewed and backdated; and

(b) The effective date of the license is the expiration date.

(6) If a contractor fails to continuously maintain a bond or insurance but satisfies all requirements for renewal within two years after the expiration date:

(a) The license is reissued; and

(b) The effective date of the license is the date when all requirements for reissue are met.

(7) If a contractor satisfies all requirements for renewal more than two years after the expiration date, the license cannot be renewed or reissued. The contractor must apply for a new license under OAR 812-030-0260.

(8) Licenses will be reissued or renewed for a period of two years.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04, CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0310

License Cards

(1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under OAR 812-003-0270 or 812-003-0290.

(2) A license and pocket card is valid for the term for which it is issued only if all of the following conditions are met throughout the license period:

(a) The surety bond, letter of credit or cash deposit remains in effect and undiminished by payment of Construction Contractors Board final orders.

(b) The insurance required by ORS 701.073 remains in effect.

(c) If the licensee is a sole proprietorship, the sole proprietorship survives.

(d) If the licensee is a partnership or limited liability partnership, the composition of the partnership remains unchanged, by death or otherwise.

(e) If the licensee is a limited partnership, the composition of the general partners remains unchanged, by death or otherwise.

(f) If the licensee is a corporation, trust, or limited liability company, the corporation, trust or limited liability company survives and complies with all applicable laws governing corporations, trusts or limited liability companies.

(3) If the licensee’s bond is cancelled, the license will lapse 30 days from the date the cancellation is received by the agency.

(4) If a license becomes invalid, the agency may require the return of the license and pocket card.

(5) There is no charge for the original license and pocket card issued by the agency.

(6) There is a $10 fee to replace a license and pocket card.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063 & 701.088

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0320

Record Changes

(1) Every licensed entity that changes its name, including any assumed business name under which it may operate, must notify the agency within 30 days of assuming, filing or registering the new name. This section also applies to sole proprietors that change their surname.

(2) Except as provided in OAR 812-003-0190, requests for business name amendments of a partnership, joint venture, corporation, limited liability company, limited partnership or limited liability partnership shall be accompanied by a rider from the surety and a new Certificate of Insurance to reflect the amended name.

(3) With the exception of record changes due to agency error, a record change request shall be submitted in writing or, if the agency permits, electronically.

(4) Except as provided in sections (5) and (6) of this rule, requests for record changes that require a new license card shall be accompanied by a $20 fee.

(5) No charge will be made for an address change.

(6) No charge will be made for changing independent contractor license class under ORS 701.035 if the licensed entity makes the change electronically.

Stat. Auth.: ORS 670.310, 701.235 & 701.238

Stats. Implemented: ORS 701.056, 701.068, 701.088 & 701.238

Hist.: 1BB 5, f. 6-15-76, ef. 7-1-76; 1BB 7, f. & ef. 11-14-77; 1BB 1-1978, f. & ef. 5-23-78; 1BB 5-1980, f. & ef. 10-7-80; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0015; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 10-2000, f. & cert. ef. 8-24-00; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0005; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0390

Revocation or Suspension of License

(1) Except as provided in section (2) of this rule, if the agency issues a final order, arbitration award, or determination directing a licensee to pay monetary damages and the licensee or the licensee’s surety fails to pay the order, award or determination in full, the agency will revoke, suspend, or refuse to issue or reissue a license.

(2) Section (1) of this rule shall not apply if the licensee submits proof to the agency that:

(a) A United States Bankruptcy Court issued an automatic stay under Title 11 of the United States Bankruptcy Code and that stay is currently in force; or

(b) The order, award or determination described in section (1) of this rule arises from a debt that:

(A) Is included in an order of discharge issued by a United States Bankruptcy Court; or

(B) Is included in a chapter 11 plan and order conforming the plan issued by a United States Bankruptcy Court that prohibits the agency from revoking, suspending, or refusing to issue or reissue the licensee’s contractor’s license and the licensee is in compliance with the terms of the plan and order.

(3) The agency shall revoke, suspend, or refuse to issue or reissue a license under section (1) of this rule if:

(a) The agency previously was prevented from revoking or suspending a license or was required to issue or reissue a license under section (2) of this rule; and

(b) The licensee’s bankruptcy discharge is revoked or the bankruptcy stay is lifted.

Stat. Auth.: ORS 183.310 - 183.545, 670.310, 701.235 & 701.280

Stats. Implemented: ORS 701.100 & 701.098

Hist.: 1BB 5, f. 6-15-76, ef. 7-1-76; 1BB 1-1978, f. & ef. 5-23-78; 1BB 6-1980, f. & ef. 11-4-80; 1BB 5-1981(Temp), f. 12-30-81, ef. 1-1-82; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0040; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1995, f. & cert. ef. 2-2-95; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0030; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0400

Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint

If a surety company or financial institution pays all or part of a complaint against a licensed contractor from the contractor’s surety bond, letter of credit or cash deposit, the agency must suspend or refuse to issue or reissue the contractor’s license until the contractor submits to the agency:

(1) A properly executed bond, letter of credit or cash deposit in the amount required under ORS 701.068 or 701.088 unless the agency requires a higher amount under 701.068; or

(2) A certificate from the contractor’s surety company or financial institution that the surety company or financial institution remains liable for the full original penal sum of the bond, letter of credit or cash deposit, notwithstanding the payment from the surety bond letter of credit or cash deposit.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.068, 701.088

Hist.: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0040; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0430

Time Period for Perfecting a Lien or Complaint

For liens perfected and complaints:

(1) The time period under ORS 701.131(2)(a)(A) and 701.131(2)(b)(C) for a completed application for license to be submitted to the Board is 90 calendar days from the date the contractor became aware of the requirement that the contractor be licensed;

(2) The time period under ORS 701.131(2)(b)(A) for a completed application for license renewal to be submitted to the Board is 90 calendar days from the date the contractor became aware of a lapse in license.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.131

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0440

Notification of Conviction of a Crime

A licensee or applicant, or an owner or officer of the licensee or applicant who has been convicted of a crime listed in ORS 701.098(1)(i) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.098

Hist.: CCB 8-2006, f. & cert. ef. 9-5-06; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-008-0030

Certification and License Required

(1) Except as provided in section (3) of this rule, no individual shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first receiving certification to do same from the agency and without being an owner or employee of a business that is licensed with the agency.

(2) Except as provided in section (3) of this rule, no business shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first becoming licensed with the agency as a residential general contractor, a residential specialty contractor, or a home inspection services contractor and without having an owner or employee who is an Oregon certified home inspector by the agency.

(3) The following persons are exempt from the requirements of this rule.

(a) Persons registered each year as a general contractor under ORS Chapter 701 during the period from January 1, 1991, though August 11, 1997, as provided in section (3)(b) of Chapter 814, 1997 Oregon Laws.

(b) Persons performing an energy audit or issuing a report on an energy audit.

(c) Persons performing a forensic evaluation or issuing a report on a forensic evaluation.

(d) Persons performing home performance testing or issuing a report on a home performance testing.

(e) Persons who assign home energy performance scores for residential buildings.

(4) No person, including persons covered by section (3) of this rule, shall use the title Oregon certified home inspector without receiving such certification from the agency.

(5) Certified individuals and licensed business undertaking certified home inspections shall comply with the standards of practice for undertaking certified home inspections as prescribed in these rules.

(6) All certificates for individuals to undertake home inspections are renewable upon meeting all requirements, including continuing education, as established by OAR chapter 812.

(7) Home inspection service contractors are not required to complete continuing education.

Stat. Auth.: ORS 670.310, 701.235, 701.350 & 701.355

Stats. Implemented: ORS 701.081, 701.084, 701.350 & 701.355

Hist.: CCB 1-1998, f. & cert. ef. 2-6-98; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-25-99; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 17-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-008-0040

Application Requirements and Eligibility Requirements

(1) An individual must submit the following to qualify for certification:

(a) An application on a form provided by the agency;

(b) The fee established in OAR 812-008-0110;

(c) If applicable, CCB number and name of employing licensee;

(d) Proof of minimum of 20 education points as set forth in sections (3) and (4) of this rule; and

(e) Evidence of successful passage of agency’s test.

(2) A business must do the following to qualify for a license:

(a) Become licensed with the agency as a residential general contractor, a residential specialty contractor or a home inspection services contractor;

(b) Have as an owner or employee one or more individuals who have obtained a certificate from the agency to undertake certified home inspections;

(c) Submit an application on a form prescribed by the agency; and

(d) Submit the fee as prescribed in OAR chapter 812.

(3) In order to qualify to take the test, an individual applicant must provide the agency with acceptable documentation that the applicant has accumulated a minimum of 20 education points from the following choices:

(a) Ten points for a completed, 3-credit hour minimum class with a passing grade in home inspection at an accredited college or university, (10 points maximum).

(b) One point for each completed 3-hour minimum class with a passing grade in construction, remodeling, engineering, architecture, building design, building technology, or real estate at an accredited college or university, (10 points maximum).

(c) One point for each completed “ride-along” inspection performed under the direct supervision of an Oregon certified home inspector, (10 points maximum).

(d) One point for each completed 3-hour minimum class with a passing grade in approved subject areas in OAR 812-008-0074(1) by approved education providers under 812-008-0074(2) that are not colleges or universities, (10 points maximum).

(4) The individual applicant may substitute the following experiences for all or part of the education requirements in OAR 812-008-0040(3):

(a) Four points for each completed 12 months legally working as a home inspector in Oregon or another state or country (16 points maximum).

(b) Two points for each completed 12 months working or teaching at an accredited college or university, trade school or private business for monetary compensation in construction, remodeling, engineering, architecture, building design, building technology, real estate, or building inspections (16 points maximum).

(c) One-half point for each letter of recommendation from an Oregon-certified home inspector (4 points maximum).

(d) One point for each building codes certification issued by a government agency (5 points maximum).

Stat. Auth.: ORS 670.310, 701.235, 701.350 & 701.355

Stats. Implemented: ORS 701.081, 701.084, 701.350 & 701.355

Hist.: CCB 1-1998, f. & cert. ef. 2-6-98; CCB 2-1999, f. & cert. ef. 5-4-99; CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-25-99; CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 12-2000(Temp), f. & cert. ef 10-16-00 thru 4-13-01; CCB 14-2000, f. & cert. ef. 12-4-00; CCB 2-2001, f. & cert. ef 4-6-01; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 7-2001(Temp), f. & cert. ef. 10-31-01 thru 4-29-02; CCB 3-2002, f. & cert. ef. 3-1-02; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-012-0110

Terms of Written Contract

(1) If a contractor is required to have a written contract under ORS 701.305, the written contract or attached addendum to the written contract must contain the following:

(a) The contractor’s name, address, phone number and license number issued by the board as shown on board records.

(b) An acknowledgment of a written offer of a warranty, if an offer is required by ORS 701.320, and indication of the acceptance or rejection of the offered warranty;

(c) An explanation of the property owner’s rights under the contract, including, but not limited to, the ability to file a complaint with the board and the existence of any mediation or arbitration provision in the contract, set forth in a conspicuous manner as defined by the board by rule;

(d) Customer’s name and address;

(e) Address where the work is to be performed;

(f) A description of the work to be performed; and

(g) Price and payment terms.

(2) The information described in section (1) of this rule must be legible and in dark ink.

Stat. Auth.: ORS 670.310, 701.235, 701.305, 701.315, 701.320, 701.330 & 701.335

Stats. Implemented: ORS 701.305, 701.330 & 701.335

Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 8-2009, f. 12-28-09, cert. ef. 1-1-10; CCB 7-2010, f. & cert. ef. 4-28-10; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-021-0005

Definitions — Continuing Education for Residential Contractors

The following definitions apply to OAR 812-021-0000 to 812-021-0047:

(1) “BEST” means Building Exterior Shell Training.

(2) “Building code” means a specialty code as defined in ORS 455.010(7).

(3) “Employee” means:

(a) Any individual employed by a contractor; or

(b) A leased worker provided to a contractor by contract with a worker leasing company licensed under ORS 656.850(2).

(c) “Employee” does not include a subcontractor, which is an independent contractor, or a temporary employee.

(4) “‘Green’ or sustainable building practices” means the practice of increasing the efficiency with which buildings use resources such as energy, water, and materials, while reducing building impacts on human health or the environment.

(5) “License period” means the two-year period from the date a contractor’s license is first issued or last renewed until the date the license is next scheduled to expire.

(6) “Officer” means an individual person as defined in OAR 812-002-0533.

(7) “Owner” means an individual person as defined in OAR 812-002-0537.

(8) “Residential contractor” means a licensed contractor as defined in ORS 701.005(12).

(9) “Responsible managing individual (RMI)” means an individual person as defined in ORS 701.005(15).

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: ORS 701.126

Hist.: CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09; CCB 1-2012(Temp), f. & cert. ef. 1-13-12 thru 7-11-12; CCB 7-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-021-0021

Exemptions from Continuing Education

(1) For purposes of this rule, “dwelling” means a shelter in which people live, such as buildings used exclusively for residential occupancy, including single-family, two-family (e.g. duplex) and multi-family (e.g. apartment) buildings.

(2) For purposes of this rule, “outbuilding” means a building accessory to a dwelling that is used by the persons who occupy the dwelling, including detached garages, shops, sheds and barns.

(3) The following persons are exempt from obtaining BEST education as required under OAR 812-021-0015(2) or (3)(a)(A):

(a) Contractors that are licensed as:

(A) Plumbing contractors under ORS 447.010 to 447.156; or

(B) Electrical contractors under ORS 479.630.

(b) Contractors that have an owner or officer who is licensed as:

(A) An architect under ORS 671.010 to 671.220, whether or not operating within the scope of that registration; or

(B) A professional engineer under ORS 672.002 to 672.325, whether or not operating within the scope of that license.

(c) Unless provided otherwise, contractors that do not perform work on a residential structure that is a dwelling or an outbuilding, including but not limited to:

(A) Contractors that only perform tree pruning, tree and stump removal, or tree and limb guying;

(B) Contractors that only forge, weld or fabricate ornamental iron, so long as the contractor does not attach or install the ornamental iron in or on a residential structure that is a dwelling or outbuilding;

(d) The following contractors are not exempt under subsection (c) of this section:

(A) Contractors that perform excavation for residential construction;

(B) Contractors that perform grading for residential construction;

(C) Contractors that perform concrete work for residential construction; and

(D) Contractors that perform paving for residential construction.

(4) The following persons are exempt from obtaining education in building codes as required under OAR 812-021-0015(2), (3)(a)(B) or (4)(a)(A):

(a) Contractors that are licensed as:

(A) Plumbing contractors under ORS 447.010 to 447.156; or

(B) Electrical contractors under ORS 479.630.

(b) Contractors that have an owner or officer who is licensed as:

(A) An architect under ORS 671.010 to 671.220, whether or not operating within the scope of that registration; or

(B) A professional engineer under ORS 672.002 to 672.325, whether or not operating within the scope of that license.

(c) Unless provided otherwise, contractors that do not perform work on a residential structure that is a dwelling or outbuilding, including but not limited to:

(A) Contractors that only perform tree pruning, tree and stump removal, or tree and limb guying;

(B) Contractors that only forge, weld or fabricate ornamental iron, so long as the contractor does not attach or install the ornamental iron in or on a residential structure that is a dwelling or an outbuilding;

(d) The following contractors are not exempt under subsection (c) of this section:

(A) Contractors that perform excavation for residential construction;

(B) Contractors that perform grading for residential construction;

(C) Contractors that perform concrete work for residential construction; and

(D) Contractors that perform paving for residential construction.

(5) Contractors that are exempt from the continuing education requirements under sections (3) or (4) of this rule must complete additional elective continuing education, as provided in OAR 812-021-0019, in an amount totaling the number of core hours that the contractor would otherwise be required to complete under 812-021-0015 but for the exemption.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: ORS 701.126

Hist.: CCB 6-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; CCB 8-2011(Temp), f. & cert. ef. 9-2-11 thru 12-28-11; CCB 13-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-021-0045

Claiming Continuing Education Credits — Continuing Education for Residential Contractors

(1) A contractor may claim continuing education hours for courses completed during the time an employee is employed by the contractor. If the employee is a leased worker, the employee must complete the continuing education hours while leased to the contractor.

(2) If an employee completed continuing education before being hired by a contractor, the contractor may not claim those hours to satisfy its continuing education requirement.

(3) A contractor may claim continuing education hours for courses completed at the time the owner, officer or RMI is associated with the contractor.

(4) If an owner, officer or RMI completed continuing education before associating with a contractor, the contractor may not claim those hours to satisfy the continuing education requirement.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: ORS 701.126

Hist.: CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-021-0047

Personnel of More than One Contractor — Continuing Education for Residential Contractors

(1) If an employee who completes a continuing education course is employed by more than one contractor at the time the employee completes the course, each employing contractor may claim the continuing education hours. For purposes of this rule, “employed by more than one contractor” does not include leased workers leased by more than one contractor. For leased workers, only one contractor may claim the continuing education credits.

(2) If an owner, officer or RMI who completes a continuing education course is associated with more than one contractor at the time the owner, officer or RMI completes the course, each affiliated contractor may claim the continuing education hours.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: ORS 701.126

Hist.: CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

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 primary 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.

(c) Prescribe actions that constitute grounds to deny, suspend, or revoke a certification.

(d) Outline requirements for notifying other agencies.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 470.560, 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; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

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 percent 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) “Primary contractor” means a contractor that:

(a) Has entered or will enter into a contract with an owner of real property for which a proposed small scale local energy project will be located;

(b) Is or will be responsible for the completion of the small scale local energy project;

(c) Undertakes or will undertake to complete the small scale local energy project; and

(d) Is or will be responsible for any subcontractors performing work on the small scale local energy project.

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

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

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

(13) “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.

(14) “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;

(C) Framing;

(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; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

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 statement that the applicant is or will be the primary contractor

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

(5) 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; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-030-0000

General Definitions

The following definitions apply to OAR 812-030-0000 to 812-030-0300:

(1) “Certificate” means the authorization issued by the board to an individual locksmith.

(2) “Conviction” means a final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest), or any other determination of guilt entered by a court against an individual in a criminal case unless the final judgment has been reversed or set aside by a subsequent court decision.

(3) “False statement” means a statement whereby an individual applying for a locksmith certificate:

(a) Provides the board with materially false information; or

(b) Fails to provide the board with information material to determining his or her qualifications.

(4) “License” means the construction contractor license issued by the board under ORS 701.046 to a business offering to or providing locksmith services, including, but not limited to, a residential locksmith services contractor.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.475 - 701.490

Hist.: CCB 3-2010, f. & cert. ef. 2-1-10; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-030-0240

Requirement that Locksmith Own or Work for a Licensed Contractor

(1) In order to work as a locksmith, a certified locksmith must:

(a) Be an owner or employee of a licensed construction contractor, including, but not limited to, a residential locksmith services contractor; or

(b) Be otherwise exempt under ORS 701.490.

(2) If the board refuses to issue, refuses to reissue, suspends or revokes the contractor’s license, or if the construction contractor’ license expires or becomes inactive, the certified locksmith, not otherwise exempt under ORS 701.490, may not:

(a) Undertake, offer to undertake or submit to do work as a locksmith for compensation; or

(b) Use the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word “locksmith.”

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.480 & 701.490

Hist.: CCB 3-2010, f. & cert. ef. 2-1-10; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0000

General Definitions

The following definitions apply to OAR 812-032-0000 to 812-032-0150:

(1) “Certificate” means the authorization issued by the board to an individual home energy assessor.

(2) “License” means the construction contractor license issued by the board under ORS 701.046 to a business offering or providing home energy performance scores, including, but not limited to, a home energy performance score contractor.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0100

General Application Requirements

An individual must submit the following to qualify for a home energy assessor certificate:

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

(2) Proof of passing a training program designated by the Department of Energy;

(3) If applicable, the CCB license number of the business owned by or employing the applicant; and

(4) The fee established in OAR 812-032-0150.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0110

Certificate Issuance

(1) The effective date of the certificate will be the date that the applicant meets all board requirements, including paying the fee required under OAR 812-032-0150.

(2) A unique number will be assigned to each certificate.

(3) If the board issues a certificate, it will mail the certificate to the applicant.

(4) If the board denies a certificate, it will state, in writing, the reasons for denial.

(5) A certificate shall be non-transferable.

(6) A certificate shall be effective for one year from the date of issue.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0120

Requirements for Certificate Renewal

A certified home energy assessor shall submit the following to the board for renewal of the home energy assessor’s certificate:

(1) Renewal application information as required by the board;

(2) If applicable the CCB license number of the business owned by or employing the applicant; and

(3) The fee established in OAR 812-032-0150.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0123

Certificate Cards

(1) The agency shall issue a certificate and pocket card effective on the date on which the certificate becomes effective under OAR 812-032-0110 or 812-032-0120.

(2) A certificate and pocket card is valid for the term for which it is issued.

(3) If a certificate becomes invalid, the agency may require the return of the certificate and pocket card.

(4) There is no charge for the original certificate and pocket card issued by the agency.

(5) There is a $10 fee to replace a certificate and pocket card.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0130

Certificate Renewal — Effective Date; Effect of Lapse

(1) A renewed certificate shall be effective on the day following the expiration date for which the renewal is sought if the certified home energy assessor fulfills all of the requirements in OAR 812-030-0120 on or before the expiration date.

(2) Except as provided in subsection (4), if a certified home energy assessor fails to fulfill all of the requirements in OAR 812-032-0120 on or before the expiration date, but fulfills the requirements at a future date, the renewal shall be effective on the date that all the requirements for renewal have been fulfilled. During the period from the expiration date to the effective date, the certificate is deemed to have lapsed.

(a) A home energy assessor may not offer to assign, or assign, home energy scores while the certificate is lapsed.

(b) A home energy assessor may not use the title of home energy assessor or similar other title while the certificate is lapsed.

(3) If the certificate lapses for one year or less, the applicant may renew its certification by renewing the certificate as provided for in OAR 812-032-0120.

(4) If the certificate lapses for more than one year, the applicant must apply for a new certificate as provided for in OAR 812-032-0100.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0135

Mailing and E-mail Address Changes

(1) Certified home energy assessors shall notify the board of any change in mailing or e-mail addresses while certified and for one year following the certification expiration date. Such persons must notify the board within 10 days after changing an address.

(2) No charge will be made for a mailing or e-mail address change to the board’s records.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0140

Requirement that Home Energy Assessor Own or Work for a Licensed Contractor

(1) In order to work as a home energy assessor, a certified home energy assessor must be an owner or employee of a licensed construction contractor, including, but not limited to, a home energy performance score contractor.

(2) If the board refuses to issue, refuses to reissue, suspends or revokes the contractor’s license, or if the construction contractor’ license expires or becomes inactive, the certified home energy assessor may not:

(a) Undertake, offer to assign or assign home energy performance scores; or

(b) Use the title of home energy assessor or similar other title.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0150

Application, Renewal and Certificate Fees

(1) The application fee for a home energy assessor certificate is $100.

(2) The fee for issuance of an initial one-year certificate is $100.

(3) The fee for renewal of a one-year certificate is $100.

(4) All fees are non-refundable and non-transferrable.

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: 2013 OL Ch. 383 (HB 2801)

Hist.: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

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, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

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