Construction Contractors Board, Chapter 812
Rule Caption: Housekeeping: LBP match EPA and OHA; clarify complaints filed; clarify proof CE required.
Adm. Order No.: CCB 8-2012
Filed with Sec. of State: 10-26-2012
Certified to be Effective: 11-1-12
Notice Publication Date: 10-1-2012
Rules Amended: 812-007-0020, 812-009-0010, 812-021-0037, 812-021-0040, 812-025-0020
Subject: 812-007-0020 is amended to define “minor repair and maintenance activities” to read the same as the rules adopted by the federal Environmental Protection Agency and the Oregon Health Authority.
812-009-0010 is amended to clarify that for Dispute Resolution Services (DRS) complaints filed before July 1, 2011 (pre-DRS-mediation only), sections in rules relating to exceptions and appeals apply.
812-021-0037 and 812-021-0040 are amended to clarify what proof of continuing education (CE) an inactive renewing contractor must provide. Removes language from OAR 812-021-0037 (general section) and places it in OAR 812-021-0040 (specific section governing inactive contractors).
812-025-020 is amended to conform OAR 812-025-0020(6) to Oregon Department of Energy rule OAR 330-112-0060(7).
Rules Coordinator: Catherine Dixon—(503) 934-2185
The following definitions apply to division 7 of OAR chapter 812.
(1) “Abatement” means any measure or set of measures designed to permanently eliminate LBP hazards.
(2) “Accredited training program” means a training program provisionally accredited or accredited by the OHA, the Environmental Protection Agency (EPA) or an EPA-authorized state or tribal program.
(3) “Certified” means certified by OHA to perform LBP activities.
(4) “Certified lead-based paint renovation contractor” means a construction contractor that is licensed by the board to conduct LBP renovation under ORS 701.515.
(5) “Certified renovator” means an individual who has successfully completed a renovator course accredited by OHA, EPA, or EPA authorized program.
(6) “Child-occupied facility” means a building, or portion of a building, constructed before 1978 and visited regularly by the same child, under age six, on at least two different days within any week (Sunday through Saturday), provided that each day’s visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.
(7) “Component or building component” means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to: interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and tri (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners.
(8) “Course completion certificate” means documentation issued by an accredited training program to an individual as proof of successful completion of an accredited renovator training program (initial or refresher).
(9) “Deteriorated lead-based paint (LBP)” means any interior or exterior paint or other covering that is peeling, chipping, chalking, cracking, flaking or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.
(10) “Dust-lead hazard” means surface dust that contains a mass-per-area concentration of lead equal to or exceeding 40 μg/ft? on floors or 250 μg/ft? on interior windows or 400 μg/ft? in troughs based on wipe samples.
(11) “Emergency” means a situation in which failure to act promptly would likely result in immediate harm to persons or property.
(12) “Emergency renovation operations” means renovation activities, such as operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations.
(13) “Inspection” means a surface-to-surface investigation to determine the presence of LBP and an accompanying report explaining the results of the investigation.
(14) “Lead abatement contractor” means a construction contractor that is licensed by the board to perform abatement.
(15) “Lead assessor” or “risk assessor” means an individual who has been trained by an accredited training program and certified by the Department to conduct risk assessments.
(16) “Lead-based paint” or “LBP” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
(17) “Lead-based paint activities” means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.
(18) “Lead inspection contractor” means a construction contractor that is licensed by the board to perform inspections or risk assessments.
(19) “Lead inspector” means an individual who has been trained by an accredited training program and certified by OHA to conduct inspections.
(20) “Lead supervisor” means an individual who has been trained by an accredited training program and certified by OHA to supervise and conduct abatements and prepare abatement reports.
(21) “Lead worker” or “lead abatement worker” means an individual who has been trained by an accredited training program and certified by OHA to perform abatements.
(22) “Minor repair and maintenance” means activities, (including minor heating, ventilation, air conditioning work, electrical work, or plumbing) that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities, that do not involve prohibited or restricted work activities and do not involve window replacement or painted surface demolition. When removing painted components, or portions of painted components, the entire surface area removed is the amount of the painted surface disturbed. Jobs, other than emergency renovations, performed within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.
(23) “Prohibited or restricted work activities” include:
(a) Open flame burning or torching;
(b) Machines to remove paint through high-speed operation without HEPA exhaust control; and
(c) Operating a heat gun at temperatures at or above 1100 degrees Fahrenheit.
(24) “Recognized test kit” means a commercially available kit recognized by EPA under 40 CFR ¦ 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5 percent lead by weight, in a paint chip, paint powder, or painted surface.
(25) “Renovation” means the modification of any existing structure, or portion thereof, which results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. The term renovation includes, but is not limited to:
(a) Removal, modification or repair of painted surfaces or painted components, such as modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping or other such activities that may generate paint dust);
(b) The removal of building components, such as walls, ceilings, plumbing and windows;
(c) Window replacement;
(d) Weatherization projects, such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, or planing thresholds to install weather-stripping;
(e) Interim controls that disturb painted surfaces. A renovation for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation. The term “renovation” does not include minor repair and maintenance.
(26) “Renovation Right Pamphlet” means the pamphlet entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any pamphlet approved by the Environmental Protection Agency (EPA) for the same purpose.
(27) “Risk assessment” means an on-site investigation to determine the existence, nature, severity, and location of a LBP hazard and an accompanying report explaining the results of the investigation and options for reducing LBP hazards.
(28) “Soil lead hazard” means 400 ppm of lead in child play areas or 1200 ppm in non-child play areas.
(29) “Target housing” means any housing constructed before 1978, except housing for the elderly or persons with disabilities or any housing with no bedrooms.
Stat. Auth.: ORS
670.310, 701.235 & 701.515
Stats. Implemented: ORS 701.505–701.520
Hist.: CCB 6-1996(Temp), f. & cert. ef. 11-26-96; Administrative Renumber from 812-007-0015, 5-19-97; CCB 1-1997, f. & cert. ef. 5-15-97; CCB 4-1997, f. & cert. ef. 11-3-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 13-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 2-2010, f. & cert. ef. 2-1-10; CCB 5-2010(Temp), f. & cert. ef. 3-11-10 thru 9-3-10; CCB 10-2010(Temp), f. & cert. ef. 6-1-10 thru 9-3-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12
Application of Rules
Subject to OAR 812-004-0590, complaints filed before July 1, 2011, arising under ORS 701.139-701.180 are governed by:
(1) OAR 812-009-0020–812-009-0220 and 137-003-0501–137-003-0700, with respect to contested cases;
(2) OAR 812-009-0400, 812-009-0430, and 812-009-0435, with respect to exceptions; and
(3) OAR 812-009-0440, with respect to meetings of the board’s Appeal Committee.
Stat. Auth.: ORS
670.310, 701.145, 701.235 & 1999 OL Ch. 849, Sec. 8
Stats. Implemented: ORS 183.413 to 183.470 & 701.145
Hist.: CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12
Certification, Recordkeeping, and Review — Continuing Education for Residential Contractors
(1) Contractors shall maintain records of continuing education courses completed for a period of:
(a) 24 months after the renewal date for which the education was reported; or
(b) For a lapsed license, a period of 24 months after the date the license ceased to be lapsed.
(2) The agency may request any contractor’s continuing education records for review.
(3) If a contractor cannot prove that it completed the continuing education, the agency may suspend or refuse to renew the license until the contractor proves compliance or completes the missing courses.
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 8-2012, f. 10-26-12, cert. ef. 11-1-12
Inactive Status During the License Period or Upon Renewal — Continuing Education for Residential Contractors
(1) If a contractor is inactive for less than a year and seeks to renew in an active status, the contractor must complete the total continuing education hours required in OAR 812-021-0015 in order to renew. If the inactive contractor cannot prove that it completed the continuing education, the agency may refuse to convert the license to active status until the contractor proves compliance or completes the missing courses.
(2) If a contractor is inactive for one year or more during the license period and seeks to renew in an active status, the contractor is not required to complete the continuing education hours as required in OAR 812-021-0015 in order to renew.
(3) If a contractor is inactive for any period of time and seeks to renew in an inactive status, the contractor is not required to complete the continuing education hours required in OAR 812-021-0015 in order to renew.
(4) If a contractor is active at the time of renewal and seeks to renew in an inactive status, the contractor is not required to complete the continuing education hours required in OAR 812-021-0015 in order to renew.
(5) Notwithstanding section (4) of this rule, if an active contractor renews to an inactive status and seeks to change to active status during the two-year license renewal period, the contractor must complete the continuing education requirements in OAR 812-021-0015 in order to change to active status. Continuing education hours earned during the prior two-year license period and the period of inactivity may be included for determining compliance. If the inactive contractor cannot prove that it completed the continuing education, the agency may refuse to convert the license to active status until the contractor proves compliance or completes the missing courses. Notwithstanding 812-021-0015, hours completed during this same period and credited towards renewal to active may not be included for the contractor’s next renewal.
Stat. Auth.: ORS
670.310, 701.126 & 701.235
Stats. Implemented: ORS 701.063 & 701.126
Hist.: CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09; CCB 4-2012, f. & cert. ef. 3-2-12; CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12
Additional Qualifications for Certification
ODOE adopted standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if:
(1) It is not listed by the Commissioner of BOLI as ineligible to receive a contract, or subcontract, for public works;
(2) It is one or more of the following:
(a) An equal opportunity employer;
(b) A small business;
(c) A minority or women business enterprise; or
(d) A disadvantaged business enterprise.
(3) It has complied with the rules and other requirements of:
(a) The board;
(b) The Workers’ Compensation Division of the Department of Consumer and Business Services; and
(c) The Occupational Safety and Health Division of the Department of Consumer and Business Services.
(4) It employs at least 80 percent of employees used for the EEAST program from the local work force, if a sufficient supply of skilled workers is available locally.
(5) It has complied with federal and state wage and hour laws.
(6) It pays wages to employees used for the EEAST program at a rate equal to at least 180 percent of the state minimum wage.
(7) It pays wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation employed.
Stat. Auth.: ORS
670.310 & 701.235
Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753
Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11; CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12
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