Oregon Bulletin
Rule
Caption: Residential Continuing Education
(RCE) Exemptions
Adm.
Order No.: CCB 8-2011(Temp)
Filed with Sec. of
State: 9-2-2011
Certified to be
Effective: 9-2-11 thru 12-28-11
Notice Publication
Date:
Rules Adopted: 812-021-0021
Rules Suspended: 812-021-0021(T)
Subject: This filing is made to add additional exemptions to
the temporary rule that was filed on July 1, 2011. The temporary rule filed on
July 1, 2011 is being suspended and this temporary rule is replacing that
filing.
OAR 812-021-0021
(9/2/11) rule adoption will exempt from the residential continuing education
requirement those contractors that are licensed as plumbing or electrical
contractors. The rule will also exempt contractors that have an owner or
officer licensed as an architect or a professional engineer, regardless of
whether the architect or engineer is acting within the scope of their license.
(Those individuals are already exempt from ORS chapter 701 if acting within the
scope of their license. See ORS 701.010(8)(a), (b)). The rule will also exempt
from residential continuing education BEST and Building Codes for those
contractors that do not “touch” a residential structure that is a “dwelling” or
“outbuilding”. The rule defines the terms “dwelling” and “outbuilding”.
The exempt
persons must take an equivalent number of elective courses to satisfy the
16-hour requirement for CCB’s residential contractor continuing education.
Rules Coordinator: Catherine Dixon—(503) 934-2185
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 license; 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 cement 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 license; 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 cement 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 OAR 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
Rule
Caption: Arbitration/Mediation of CCB DRS
Complaints.
Adm.
Order No.: CCB 9-2011(Temp)
Filed with Sec. of
State: 9-9-2011
Certified to be
Effective: 9-9-11 thru 1-4-12
Notice Publication
Date:
Rules Adopted: 812-004-1440
Rules Suspended: 812-004-1440(T)
Subject: This filing is made to correct the temporary rule that
was filed on July 8, 2011. The temporary rule filed on July 8, 2011 is being
suspended and this temporary rule is replacing that filing.
The newly adopted
OAR 812-004-1440 (9/9/11) is adopted because under the CCB’s current rules, a
complainant may have to waive its contractual right to arbitration in order to
obtain CCB mediation. After implementing the temporary DRS rules (7/8/11), CCB
finds this is too onerous for complainants. Complainants should be able to
obtain CCB mediation and retain their contractual right to arbitration. In
addition, CCB can provide mediation to satisfy contractual mediation requirements.
If the contractor is entitled to specific mediation and does not want to
satisfy the requirement with CCB mediation, it must act affirmatively to
initiate the contract mediation process. CCB proposes to suspend the previously
adopted temporary rule OAR 812-004-1440T and replace it with this newly adopted
temporary 812-004-1440 (9/9/11).
Rules Coordinator: Catherine Dixon—(503) 934-2185
812-004-1440
Contracts With Arbitration
Agreements
(1) If a complaint is based on a contract that contains
an agreement by the parties to mediate disputes arising out of the contract,
the specific terms of the mediation agreement supersede agency rules except as
set forth in ORS 701.180.
(2) If the contract requires mediation, the agency will
be the mediator unless the contract requires mediation by a specific mediator
other than the agency.
(3) If the contract requires mediation by a specific
mediator other than the agency, the agency must inform the respondent by
written notice that, if the respondent wants to mediate under the terms of the
contract, the respondent must initiate the contractual mediation process within
the time allowed under ORS 701.180 and submit evidence to the agency within 40
days from the date of the agency’s written notice that respondent initiated
mediation under the terms of the contract.
(4) If mediation under the contract is timely commenced
under ORS 701.180, the agency must suspend processing the complaint until the
mediation is complete.
(5) Notwithstanding receipt of a notice of intent to
file a complaint under ORS 701.133 or any prior communication from the agency
referencing a complaint, for purposes of ORS 701.180, a respondent receives
notice of a complaint when the agency sends the respondent the notice described
under section (3) of this rule.
Stat. Auth.: ORS 670.310 &
701.235
Stats. Implemented: Ch. 630 OR
Laws 2011
Hist.: CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12; CCB 8-2011(Temp), f. & cert. ef. 9-2-11 thru
12-28-11; CCB 9-2011(Temp), f. & cert. ef. 9-9-11 thru 1-4-12
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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