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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 20

ADOPTION OF CONTINUING EDUCATION RULES FOR
CONSTRUCTION CONTRACTORS WITH COMMERCIAL ENDORSEMENTS

812-020-0050

Authority, Purpose, and Scope of Rules — Continuing Education for Commercial Contractors

(1) Authority. These rules are promulgated in accordance with ORS 670.310(1) and 701.086, which authorize CCB to adopt rules to administer a continuing education system for commercial contractors.

(2) Purpose. The purpose of these rules is to further explain and detail the requirements for continuing education under ORS 701.086.

(3) Scope. These rules establish:

(a) Procedures for commercial contractors to report continuing education hours;

(b) Sanctions for commercial contractors failing to comply; and

(c) Processes for prorating requirements.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0055

Definitions — Continuing Education for Commercial Contractors

The following definitions apply to OAR 812-020-0050 to 812-020-0073:

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

(2) “Commercial contractor” means a licensed contractor as defined under ORS 701.005(2).

(3) “Inactive commercial contractor” means a commercial contractor that has voluntarily placed its license in inactive status in accordance with OAR 812-003-0330 to 812-003-0370 and has not converted the license back to active status in accordance with ORS 812-003-0380.

(4) “Lapse in license” has the meaning given that term by OAR 812-002-0420.

(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.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 9-2010(Temp), f. & cert. ef. 5-18-10 thru 11-12-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0060

Effective Date — Continuing Education for Commercial Contractors

OAR 812-020-0050 to 812-020-0073 and the amendment to OAR 812-003-0280(2) take effect upon passage, and apply to commercial contractors that renew their licenses on and after July 1, 2010.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0062

Exemptions — Continuing Education for Commercial Contractors

(1) Commercial contractors subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693 do not need to satisfy the continuing education requirements. These contractors include, but are not limited to:

(a) Electrical contractors subject to regulation under ORS 479.510 to 479.945.

(b) Plumbing contractors subject to regulation under ORS Chapter 693.

(c) Boiler contractor subject to regulation under ORS 480.510 to 480.670.

(d) Elevator contractors subject to regulation under ORS 479.510 to 479.945.

(e) Renewable energy contractors subject to regulation under ORS 479.510 to 479.945.

(f) Pump installation contractors subject to regulation under ORS 479.510 to 479.945.

(g) Limited sign contractors subject to regulation under ORS 479.510 to 479.945.

(2) Commercial contractors endorsed only as commercial developers do not need to satisfy the continuing education requirements.

(3) If, during the two years immediately preceding the expiration date of the license, a commercial contractor served on active duty in the United States armed forces, including but not limited to mobilization or deployment, the continuing education requirement is waived for that two-year period. This exemption applies only if the commercial contractor is a:

(a) Sole proprietor;

(b) Sole owner of a corporation; or

(c) Sole member of a limited liability company.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0065

Minimum Requirements — Continuing Education for Commercial Contractors

(1) Commercial contractors shall have a key employee, or combination of key employees, who complete continuing education.

(2) Education hours may be earned by attending offerings provided by any of the following:

(a) Post-secondary institutions such as colleges or universities;

(b) Trade schools;

(c) Trade associations;

(d) Professional societies;

(e) Private companies;

(f) Public agencies;

(g) Business associations; or

(h) Contractor-provided in-house training programs.

(3) Courses shall be a minimum of one clock hour to qualify for one hour of continuing education credit.

(4) Credit shall not be applied for the same key employee repeating the same continuing education course during a two-year period.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0070

Certification of Hours — Continuing Education for Commercial Contractors

(1) Upon renewal, a commercial contractor must certify that one or more key employees obtained the continuing education required by OAR 812-020-0050 to 812-020-0073.

(2) For a commercial general or specialty contractor — level 1 with five or more key employees, the commercial contractor must certify that one or more key employees completed at least 80 hours during the preceding license period.

(3) For a commercial general or specialty contractor — level 1 with four or fewer key employees, the commercial contractor must certify as follows:

(a) With four key employees, that one or more key employees completed at least 64 hours during the preceding license period.

(b) With three key employees, that one or more key employees completed at least 48 hours during the preceding license period.

(c) With two key employees, that one or more key employees completed at least 32 hours during the preceding license period.

(d) With one key employee, that the key employee completed at least 16 hours during the preceding license period.

(4) For a commercial general or specialty contractor — level 2, the commercial contractor must certify that one or more key employees completed at least 32 hours during the preceding license period.

(5) For purposes of this rule, the required amount of continuing education hours for the renewing contractor is determined based on the contractor’s endorsement status as of the previous date of license issuance, reissuance or renewal. If the contractor was not endorsed as a commercial contractor on the previous date, continuing education does not apply.

(6) For purposes of this rule, if a contractor is subject to the continuing education requirement, the number of key employees is the number of such persons employed by the commercial contractor as of the previous date of license issuance, reissuance or renewal as a commercial contractor.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09; CCB 1-2010, f. & cert. ef. 2-1-10; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0071

Hours Earned as Residential Contractor — Continuing Education for Commercial Contractors

(1) Until December 31, 2015, a commercial contractor also endorsed as a residential contractor may take credit for continuing education earned under ORS 701.126 and OAR division 21 before January 1, 2014.

(2) A commercial contractor also endorsed as a residential contractor may take credit for continuing education earned under ORS 701.082 and OAR division 22.

Stat. Auth.: ORS 670.310, 701.082 & 701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0072

Recordkeeping and Review — Continuing Education for Commercial Contractors

(1) Every commercial contractor shall maintain records of its key employees’ participation in continuing education activities for a period no less than 24 months after the renewal date.

(2) The agency may request any commercial contractor’s continuing education records for review.

(3) If a commercial contractor cannot prove that the commercial contractor’s key employees completed the continuing education, the agency may suspend the license until the commercial contractor proves compliance or the commercial contractor’s key employees complete the missing courses.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0080

Inactive Commercial Contractor — Continuing Education for Commercial Contractors

If a commercial contractor’s license is placed in an inactive status during any part of the license period, the commercial contractor needs only complete the continuing education hours for the period the license was active. The continuing education hours required under OAR 812-020-0070 will be prorated for the period that the license was active. For example, if a commercial contractor is inactive 6 months during the license period (inactive 25% of the time), the contractor needs to certify completion of 75% of the hours otherwise required.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0085

Lapse in License — Continuing Education for Commercial Contractors

If a license expires and is not renewed for a period not exceeding one year, the commercial contractor may seek renewal and backdating of the license. To renew the license, the commercial contractor must certify that it has satisfied the continuing education requirements either during the license period or during the lapse in license period, or both.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0087

Courses Completed by Key Employees — Continuing Education for Commercial Contractors

A commercial contractor may certify continuing education hours based upon courses completed by its key employees; provided that a key employee was employed by the commercial contractor when he or she completed a course. If a commercial contractor employs a key employee who completed continuing education course(s) before being hired by the commercial contractor, the commercial contractor may not include those hours to certify that it satisfied the continuing education requirement.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

812-020-0090

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

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

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 21-2008, f. & cert. ef. 11-20-08; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

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