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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 25

ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST)

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

812-025-0015

Qualifications for Certification: Skill to Perform Installation

ODOE adopted performance skill standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if:

(1) It holds a current and valid BPI accredited contractor.

(2) It is owned by or employs one or more persons who hold a current and valid BPI certificate in at least one of the following disciplines:

(a) Building analyst;

(b) Envelope;

(c) Heating;

(d) Air conditioning/heat pump;

(e) Manufactured housing;

(f) Multifamily.

(3) It is owned by or employs one or more persons who hold a current and valid REAP certificate as one or more of the following:

(a) Energy Analyst-1;

(b) Energy Analyst-2;

(c) Shell Tech-1;

(d) Diagnostic Tech-1;

(e) Building Performance Specialist-1.

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

812-025-0020

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

812-025-0025

Effective Date of Certification; Certification Term

(1) The effective date of the certification will be the date the applicant meets all board requirements, including but not limited to the receipt of the fee required under OAR 812-025-0040.

(2) All initial and renewal certifications will be non-transferrable and effective for one (1) year from the date of issue.

(3) All certifications will be assigned a unique number.

(4) An applicant for a certification may withdraw the application at any time before issuance of the certification. The applicant must make written request to the board in order to withdraw the certification application.

(5) If the board denies the certification, it shall state, in writing, the reasons for denial.

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

812-025-0030

Renewal of Certification

Contractors certified under these rules may renew their certifications by submitting the following:

(1) A properly completed application for certification renewal on a form provided by the board;

(2) Proof that the person is licensed by the board as a residential or commercial contractor;

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

(4) 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

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

812-025-0035

Denial, Suspension or Revocation of Certification

The board may deny, refuse to renew, suspend or revoke a certification authorized under these rules on the following grounds:

(1) Obtaining a certification through invalid documentation;

(2) Permitting the duplication or use of the certification by another;

(3) Failing to comply with any of the certification standards in OAR 812-025-0015 and 812-025-0020.

(4) If a project is constructed for a commercial structure, failing to pay employees used for the project at the prevailing wage rated, as determined by the Commissioner of BOLI 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

812-025-0040

Fees

(1) All initial and renewal certification application fees are non-refundable and non-transferrable.

(2) The fee for initial certification is $50.

(3) The fee for renewal certification is $50.

(4) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the board will charge the applicant $25 in addition to the required fees.

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

812-025-0045

Notification to Other Agencies

(1) The board’s website is available to ODOE to determine if the board issued, denied, suspended or revoked a certification.

(2) If the board receives a complaint that a certified contractor failed to comply with a wage and hour standard for a project under the EEAST program, the board will forward the complaint to BOLI.

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

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