Oregon Bulletin
June 1, 2011
Rule
Caption: Housekeeping, fees for duplicate
licenses and record changes, independent contractor status changes, and
license/certification cards.
Adm.
Order No.: CCB 2-2011
Filed with Sec. of
State: 4-28-2011
Certified to be
Effective: 5-1-11
Notice Publication
Date: 4-1-2011
Rules Adopted: 812-003-0321, 812-007-0031, 812-007-0032, 812-008-0065,
812-008-0077, 812-025-0032, 812-030-0223, 812-030-0235
Rules Amended: 812-001-0200, 812-002-0640, 812-002-0700,
812-003-0310, 812-003-0320, 812-008-0209
Subject: • 812-001-0200 is amended to reference a revised form
of notice. Key revisions are in the section “A license requires the contractor
to maintain a surety bond and liability insurance.” The revised notice advises
that the surety bond is not intended as a safety net for consumer damages.
Consumers with large projects may wish to look into performance bonds.
• 812-002-0640 is
amended because language is no longer necessary due to another rule amendment
(812-003-0290) February 2011.
• 812-002-0700 is
amended to correct the statute reference.
• 812-003-0310 is
amended adds a $10 fee to replace a license and pocket card.
• 812-003-0320 is
amended to allow contractors to electronically change independent contractor
class without charge and rewrites for clarity. CCB will still charge
contractors $20 to submit a paper change form.
• 812-007-0031,
812-008-0077, 812-025-0032, 812-030-0223 are adopted to establish a $10 fee to
replace a license and pocket card.
• 812-003-0321 is
adopted to recognize that the exempt-nonexempt status of a contractor may
change from time to time. The rule requires the licensed contractor to notify
CCB within 30 days of the change.
• 812-007-0032 is
adopted to require LBP licensees to notify the Board of any mailing or e-mail
address change. Notification needs to occur within 10 days of the change. There
is no charge for making the change to the Board’s records.
• 812-008-0209 is
amended to comply with ORS 105.838(1) that becomes effective 4/1/11; which
requires before a person can sell a home, the home must be equipped with one or
more properly functioning carbon monoxide detectors.
• 812-008-0065 is
adopted to require certified home inspectors to notify the board of any mailing
or e-mail address change. Notification needs to occur within 10 days of the
change. There is no charge for making the change to the board’s records.
• 812-030-0235 is
adopted to require certified locksmiths to notify the board of any mailing or
e-mail address change. Notification needs to occur within 10 days of the
change. There is no charge for making the change to the board’s records.
Rules Coordinator: Catherine Dixon—(503) 378-4621, ext. 4077
812-001-0200
Consumer Notices Adoption
(1) In order to comply with the requirement to adopt an
information notice to owner under ORS 87.093, the Construction Contractors
Board adopts the form entitled “Information Notice to Owner About Construction
Liens,” as revised January 1, 2010. This form may be obtained from the agency.
(2) In order to comply with the requirement to adopt a
consumer notice form under ORS 701.330(1), the board adopts the form “Consumer
Protection Notice” as revised April 26, 2011.
(3) In order to comply with the requirement to adopt an
“Information Notice to Property Owners About Construction Responsibilities”
form under ORS 701.325(3), the board adopts the form “Information Notice to
Property Owners About Construction Responsibilities” as revised September 23,
2008.
(4) In order to comply with the requirement to adopt a
notice of procedure form under ORS 701.330(2), the board adopts the form
“Notice of Procedure” dated December 4, 2007.
(5) The board adopts the form “Notice of Compliance
with Homebuyer Protection Act” (HPA) as revised December 1, 2010.
(6) The board adopts the form “Model Features for
Accessible Homes” dated December 4, 2007.
(7) The board adopts the form “Home Inspection Consumer
Notice” dated October 27, 2009.
Stat. Auth.: ORS 87.093, 670.310,
701.235, 701.325, 701.330 & 701.530
Stats. Implemented: ORS 87.007,
87.093, 701.235, 701.325, 701.330 & 701.530
Hist.: 1BB 4-1981, f. 11-24-81,
ef. 1-1-82; 1BB 3-1982, f. 6-4-82, ef. 1-1-83; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-011-0076; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; BB 2-1987,
f. & ef. 7-2-87; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 5-1992, f.
7-31-92, cert. ef. 8-1-92; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB
5-1999, f. & cert. ef. 9-10-99; CCB 6-2000(Temp), f. 5-22-00, cert. ef.
5-22-00 thru 11-17-00; CCB 9-2000, f. & cert. ef. 9-24-00; CCB 7-2002, f.
6-26-02 cert. ef. 7-1-02; CCB 11-2002, f. 12-20-02, cert. ef. 12-23-02; CCB
3-2003(Temp), f. & cert. ef. 3-11-03 thru 9-6-03; CCB 4-2003, f. &
cert. ef. 6-3-03; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 12-2003(Temp),
f. & cert. ef. 12-9-03 thru 6-6-04; CCB 13-2003(Temp), f. 12-19-03, cert.
ef. 1-1-04 thru 6-14-04; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 4-2004,
f. 5-28-04, cert. ef. 6-1-04; CCB 5-2004(Temp), f. & cert. ef. 6-1-04 thru
11-28-04; CCB 7-2004, f. 8-26-04, cert. ef. 9-1-04; Renumbered from
812-001-0020, CCB 7-2005, 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 5-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 7-2007, f. 12-13-07, cert. ef.
1-1-08; CCB 1-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08; CCB 7-2008,
f. 4-28-08, cert. ef. 5-1-08; CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB
2-2009(Temp), f. & cert. ef. 2-23-09 thru 8-22-09; CCB 3-2009, f. 5-6-09, cert.
ef. 6-1-09; CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 1-2010, f. &
cert. ef. 2-1-10; CCB 16-2010(Temp), f. & cert. ef. 12-1-10 thru 5-27-11;
CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 2-2011, f. 4-28-11, cert. ef.
5-1-11
812-002-0640
Renewal
“Renewal” (of license) as used in ORS 701.063, 701.068,
and 701.131 includes but is not limited to the act of submitting a replacement
bond, a bond rider, or letter of credit or cash deposit, a certificate of
insurance, a fee, the renewal form, any employer account numbers, and any
prerequisite education.
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: ORS 670.310,
701.056, 701.063, 701.068, 701.073, 701.088, 701.105, 701.131 & 701.238
Hist.: CCB 4-1998, f. & cert.
ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 7-2000, f. 6-29-00,
cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2005, f.
12-7-05, cert. ef. 1-1-06; 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 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-002-0700
Structure
“Structure” means that which is built or constructed,
an edifice or building of any kind, or any piece of work artificially built up
or composed of parts joined together in some definite manner, or an improvement
attached to real estate or any part thereof as described in ORS 701.005(5).
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: ORS 87.058,
279C.460, 646.605 & 701
Hist.: CCB 4-1998, f. & cert.
ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
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 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
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 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
812-003-0321
Notification of Change of
Independent Contractor Status
(1) When a contractor’s license status changes from
nonexempt to exempt or from exempt to nonexempt, the contractor must notify the
board. The contractor must file a Notification of Changed Contractor License
Status within 30 days of the effective date of the change.
(2) There is no charge to file the Notification under
this rule.
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: ORS 701.035
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-007-0031
License Cards
(1) The agency shall issue a license and pocket card
effective on the date on which the license becomes effective under OAR
812-007-0120, 812-007-0130, 812-007-0220, 812-007-0230, 812-007-0320 or
812-007-0330.
(2) A license and pocket card is valid for the term for
which it is issued.
(3) If a license becomes invalid, the agency may
require the return of the license and pocket card.
(4) There is no charge for the original license and
pocket card issued by the agency.
(5) There is a $10 fee to replace a license and pocket
card.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS
192.440(4)(a), 701.063, 701.238
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-007-0032
Mailing and E-mail Address Changes
(1) Individuals licensed to engage in LBP activities,
contractors licensed to engage in LBP activities and certified LBP renovation
contractors shall notify the board of any change in mailing or e-mail addresses
while licensed and for one year following the license 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: ORS 701.117
& 701.515
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-008-0065
Mailing and E-mail Address Changes
(1) Certified home inspectors 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: ORS 701.117
& 701.350
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-008-0077
Certification Cards
(1) The agency shall issue a certification and pocket
card effective on the date on which the certification becomes effective under
OAR 812-008-0060 or 812-008-0076.
(2) A certification and pocket card is valid for the
term for which it is issued.
(3) If a certification becomes invalid, the agency may
require the return of the certification and pocket card.
(4) There is no charge for the original certification
and pocket card issued by the agency.
(5) There is a $10 fee to replace a certification and
pocket card.
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: ORS
192.440(4)(a), 701.063, 701.238
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-008-0209
Electrical
(1) The Oregon certified home inspector shall observe:
(a) Service entrance conductors;
(b) Service equipment, grounding equipment, main
overcurrent device, and distribution panels;
(c) Amperage and voltage ratings of the service;
(d) Branch circuit conductors, their overcurrent
devices, and the compatibility of their amperages and voltages;
(e) The operation of a representative number of
installed ceiling fans, lighting fixtures, switches, and receptacles located
inside the house, garage, and on the dwelling’s exterior walls;
(f) The polarity and grounding of all receptacles
within six feet of interior plumbing fixtures, and all receptacles in the
garage or carport, and on the exterior of inspected structures;
(g) The operation of ground fault or arc fault circuit
interrupters;
(h) Smoke alarms; and
(i) Carbon monoxide detectors.
(2) The Oregon certified home inspector shall describe:
(a) Service amperage and voltage;
(b) Service entry conductor materials; and
(c) Service type as being overhead or underground;
(3) The Oregon certified home inspector shall report:
(a) Any observed 110 volt aluminum branch circuit
wiring; and
(b) The presence or absence of smoke alarms, and
operate their test function, if accessible, except when detectors are part of a
central security system.
(4) The Oregon certified home inspector is not required
to:
(a) Insert any tool, probe, or testing device inside
the panels;
(b) Test or operate any overcurrent device or safety
device in the electrical service panel or elsewhere that may adversely affect
the personal property of the resident;
(c) Dismantle any electrical device or control other
than to remove the covers of the main or auxiliary distribution panels;
(d) Observe:
(A) Low-voltage systems except to report the presence
of solenoid-type lighting systems;
(B) Security system devices or heat detectors;
(C) Telephone, security, TV, intercoms, lightening
arrestors or other ancillary wiring that is not a part of the primary
electrical distribution system; or
(D) Built-in vacuum equipment.
Stat. Auth.: ORS 670.310, 701.235,
701.350 & 701.355
Stats. Implemented: ORS 105.838(1),
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 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 6-2001, f. & cert. ef. 9-27-01; CCB 7-2002, f.
6-26-02 cert. ef. 7-1-02; Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05,
cert. ef. 1-1-06; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-025-0032
Certification Cards
(1) The agency shall issue a certification and pocket
card effective on the date on which the certification becomes effective under
OAR 812-025-0025 or 812-025-0030.
(2) A certification and pocket card is valid for the
term for which it is issued.
(3) If a certification becomes invalid, the agency may
require the return of the certification and pocket card.
(4) There is no charge for the original certification
and pocket card issued by the agency.
(5) There is a $10 fee to replace a certification and
pocket card.
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: ORS
192.440(4)(a), 701.063, 701.119 & 701.238
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-030-0223
Certificate Cards
(1) The agency shall issue a certificate and pocket
card effective on the date on which the certificate becomes effective under OAR
812-030-0210 or 812-030-0220.
(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: ORS
192.440(4)(a), 701.063, 701.238 & 701.485
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
812-030-0235
Mailing and E-mail Address Changes
(1) Certified locksmiths 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: ORS 701.117
& 701.485
Hist.: CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11
Rule
Caption: Residential Continuing Education
Course Fee Change.
Adm.
Order No.: CCB 3-2011(Temp)
Filed with Sec. of
State: 4-28-2011
Certified to be
Effective: 4-28-11 thru 10-25-11
Notice Publication
Date:
Rules Amended: 812-021-0016
Subject: OAR 812-021-0016 is amended to modify the rule to
reduce the cost of agency provided Residential Continuing Education (RCE) from
$33-$35 to $15 per hour. This will bring the cost of CCB provided RCE in
accordance with the 2011-13 policy option package (PO) 915-102, which was
recently voted out of the General Government Subcommittee.
Rules Coordinator: Catherine Dixon—(503) 378-4621, ext. 4077
812-021-0016
Fees for Agency Courses —
Continuing Education for Residential Contractors
(1) The agency may charge a fee of $15 per course hour
for the following courses:
(a) Building Exterior Shell (BEST), offered by the
agency as provided in OAR 812-021-0015(3)(a)(A).
(b) Construction Laws, Regulations, and Business
Practices, offered by the agency as provided in OAR 812-021-0015(3)(a)(C) and
812-021-0015(4)(a)(B).
(2) In addition to the fee for the course, CCB may
charge for processing, shipping and handling course materials made available
other than online.
Stat. Auth.: ORS 670.310, 701.126
& 701.235
Stats. Implemented: ORS 701.126
Hist.: CCB 14-2010, f. 8-24-10,
cert. ef. 9-1-10; CCB 3-2011(Temp), f. & cert. ef. 4-28-11 thru 10-25-11
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.
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