justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 105.838(1), 701.350 & 701.355 History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11 Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0210 Heating (1) The Oregon certified home inspector shall observe permanently installed heating systems including: (a) Heating equipment; (b) Normal operating controls; (c) Automatic safety controls; (d) Chimneys, flues, and vents, where readily visible; (e) Solid fuel heating devices; (f) Heat distribution systems including fans, pumps, ducts, and piping, with supports, insulation, air filters, registers, radiators, fan coil units, convectors; and (g) The presence of installed heat source in each room. (2) The Oregon certified home inspector shall describe: (a) Energy source; and (b) Heating equipment and distribution type. (3) The Oregon certified home inspector shall operate the systems using normal operating controls. (4) The Oregon certified home inspector shall open readily accessible panels provided by the manufacturer or installer for routine homeowner maintenance. (5) The Oregon certified home inspector is not required to: (a) Operate automatic safety controls; (b) Ignite or extinguish solid fuel fires; (c) Observe: (A) The interior of flues; (B) Fireplace insert flue connections; (C) Humidifiers; or (D) The uniformity or adequacy of heat supply to the various rooms. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0211 Central Air Conditioning (1) The Oregon certified home inspector shall observe: (a) Central air conditioning systems including cooling and air handling equipment and normal operating controls. (b) Distribution systems including fans, pumps, ducts and piping, with associated supports, dampers, insulation, air filters, registers, and fan-coil units. (2) The Oregon certified home inspector shall describe: (a) Energy sources; and (b) Cooling equipment type. (3) The Oregon certified home inspector shall operate the systems using normal operating controls. (4) The Oregon certified home inspector shall open readily openable panels provided by the manufacturer or installer for routine homeowner maintenance. (5) The Oregon certified home inspector is not required to: (a) Operate cooling systems when weather conditions or other circumstances may cause equipment damage; (b) Observe non-central air conditioners; or (c) Observe the uniformity or adequacy of cool-air supply to the various rooms. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0212 Interiors (1) The Oregon certified home inspector shall observe and describe: (a) Walls, ceiling, and floors; (b) Steps, stairways, balconies, and railings; (c) Counters and cabinets; and (d) Doors and windows. (2) The Oregon certified home inspector shall: (a) Operate a representative number of windows and interior doors; and (b) Report signs of abnormal or harmful water penetration or damage in the building or components or signs of abnormal or harmful condensation on building components. (3) The Oregon certified home inspector is not required to: (a) Operate a representative number of cabinets and drawers; (b) Observe paint, wallpaper, and other finish treatments on the interior walls, ceilings, and floors; or (c) Observe draperies, blinds, or other window treatments. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0213 Insulation and Ventilation (1) The Oregon certified home inspector shall observe and describe: (a) Insulation and vapor retarders/barriers in unfinished spaces; (b) Ventilation of attics and foundation areas; (c) Kitchen, bathroom, and laundry venting systems; and (d) The operation of any readily accessible attic ventilation fan, and when the temperature permits, the operation of any readily accessible thermostatic control. (e) Absence of insulation in unfinished space adjacent to heated living areas. (2) The Oregon certified home inspector is not required to report on: (a) Concealed insulation and vapor retarders; (b) Venting equipment that is integral with household appliances; or (c) Thermal efficiency ratings. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0214 Built-in Kitchen Appliances (1) The Oregon certified home inspector shall observe and operate the basic functions of the following kitchen appliances: (a) Installed dishwasher, through its normal cycle; (b) Range, cook top, and installed oven; (c) Trash compactor; (d) Garbage disposal; (e) Ventilation equipment or range hood; (f) Installed microwave oven; and (g) Built-in refrigerators. (2) The Oregon certified home inspector is not required to observe: (a) Clocks, timers, self-cleaning oven function, or thermostats for calibration or automatic operation; (b) Non built-in appliances; (c) Refrigeration units that are not installed; or (d) Microwave leakage. (3) The Oregon certified home inspector is not required to operate: (a) Appliances in use; or (b) Any appliance that is shut down or otherwise inoperable. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-009-0050 Providing Required Information to Parties The agency delegates to the Office of Administrative Hearings or the administrative law judge the responsibility to provide the information required to be given to each party under ORS 183.413(2) and OAR 137-003-0510(1). Statutory/Other Authority: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849 & sec. 8 Statutes/Other Implemented: ORS 183.413, 183.415, 701.133 & 701.145 History: CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 7-2003, f. & cert. ef. 8-8-03 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00
812-009-0060 Hearing Postponement If a party requests postponement of a hearing, the request may be granted if: (1) The request is promptly made after the party receives the notice of hearing or is promptly made after emergency or unforeseen circumstances arise; (2) The party establishes circumstances that prevent attendance by the party at the scheduled hearing; and (3) The party provides evidence of good cause why it cannot attend the scheduled hearing. Statutory/Other Authority: ORS 670.310, 701.235 & OL 1999, Ch. 849 & Sec. 8 Statutes/Other Implemented: ORS 183.413 - 183.470 & 701.145 History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00 CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98, Renumbered from 812-001-0005 1BB 1-1983, f. & ef. 3-1-83 1BB 6-1980, f. & ef. 11-4-80 1BB 1-1980, f. & ef. 2-29-80 1BB 2-1979, f. & ef. 12-19-79 1BB 3-1978, f. & ef. 12-4-78 1BB 1-1978, f. & ef. 5-23-78 1BB 5, f. 6-15-76, ef. 7-1-76
812-009-0300 Hearing Notice and Limitation on Final Civil Penalty Order A notice of hearing shall contain the duration of any suspension and the amount of any civil penalty sought by the agency. The administrative law judge shall not issue a final civil penalty order in an amount greater than that shown in the notice of hearing, except as follows. If the proposed sanction is not the maximum potential sanction, the agency may, in the notice, state the maximum potential sanction for each violation and impose up to the maximum potential sanction, without amending the notice. Statutory/Other Authority: ORS 183.310, 670.310, 701.235 & 701.992 Statutes/Other Implemented: ORS 183 & 701 History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 7-2003, f. & cert. ef. 8-8-03 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
812-009-0320 Entry of Agency Evidence Contested case enforcement hearings may be held before an administrative law judge. The agency's evidence may be entered into the record by the administrative law judge, or by another representative of the agency. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133 & 701.145 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 7-2003, f. & cert. ef. 8-8-03 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
812-009-0340 Agency Representation by Officer or Employee (1) Subject to the approval of the Attorney General as provided in ORS 183.452, agency officers and employees may appear, but not make legal argument, on behalf of the agency in the following types of hearings conducted by the agency: (a) Hearings involving the possible imposition of civil penalties for violations of statutes or regulations; (b) Hearings involving refusals to issue, reissue or renew, conditioning, or suspensions, which will be lifted upon correction of a deficiency, payment of a penalty or payment of a construction debt, based upon: (A) ORS 701.098(4)(a)(A) (no bond); (B) ORS 701.098(4)(a)(B) (no insurance); (C) ORS 701.098(4)(a)(F) (unpaid construction debt); (D) ORS 701.102 (unpaid construction debt); (E) ORS 701.106, where the violation is based on a final order issued by: (i) Department of Consumer and Business Services, Building Codes Division; (ii) Department of Consumer and Business Services, Workers’ Compensation Division; (iii) Department of Consumer and Business Services, Oregon-OSHA, (iv) Employment Department; (v) Department of Revenue; or (vi) Landscape Contractors Board. (F) Failure to pay an outstanding obligation, as required by OAR 812-005-0280(2); (G) Failure to obtain or maintain an increased bond, as required by ORS 701.068(5) or (6); (H) Failure to provide information as required under ORS 701.046 and OAR 812-003-0260; (I) Failure to comply with the terms of a settlement agreement entered into under ORS 701.145. (2) The agency representative may not make legal argument on behalf of the agency. (a) “Legal argument” includes argument on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual argument or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statute or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 183.310 - 183.550 & 701.235 Statutes/Other Implemented: ORS 183.450 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 7-2010, f. & cert. ef. 4-28-10 CCB 4-2010(Temp), f. & cert. ef. 2-3-10 thru 8-1-10 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 Renumbered from 812-001-0006, CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88
812-009-0350 Amended Proposed Order or Final Order after Hearing In accordance with OAR 137-003-0655(7), the agency exempts from the 90-day requirement for an amended proposed order or final order all cases in which written exceptions are filed with the board. In these cases, 90 days normally is an insufficient time in which to issue an amended proposed order or final order. Statutory/Other Authority: ORS 183.341, 670.310, 701.235 & 701.992 Statutes/Other Implemented: ORS 183 & 701 History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12
812-009-0420 Exceptions to Agency Orders, Enforcement (1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exceptions must be received by the agency within 21 days of the date of mailing of the proposed order. If written exceptions are not timely received, the agency may issue a final order as proposed. (2) If exceptions are timely received, the matter will be set for consideration by the Appeal Committee at its next meeting for which agenda space is available. (3)(a) If the respondent intends to rely on oral testimony given at the hearing, the respondent must include in the exceptions: (A) A notice of intention to rely on oral testimony; and (B) A request for a copy of the audio recording of the hearing with the fee required under OAR 812-001-0160. (b) The respondent must prepare a typed transcript of the portions of the hearing testimony that the respondent contends support the exceptions. The respondent must deliver the transcript to the agency within 21 days from the date the agency mails the copy of the audio recording of the hearing to the respondent. (4) The Appeal Committee may refuse to consider evidence of oral testimony submitted by respondent if the respondent does not comply with the requirements of section (3) of this rule. (5) The respondent may appear before the members of the Appeal Committee to argue against the proposed order, if the agency receives written notice of intent to do so before the Appeal Committee meeting date. Oral argument will be permitted only if the original exceptions were timely received. Statutory/Other Authority: ORS 183.310, 670.310 & 701.235 Statutes/Other Implemented: ORS 183.460 & 701.260 History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
812-009-0435 Rescheduling of Exceptions Before the Appeal Committee If a party requests in writing to reschedule the case scheduled before the Appeal Committee, the request may be granted if: (1) The request is promptly made after the party receives the notice of the scheduling of the matter before the Appeal Committee or is promptly made after emergency or unforeseen circumstances arise; (2) The party establishes circumstances that prevent attendance by the party at the scheduled Appeal Committee meeting; and (3) The circumstances preventing attendance at the Appeal Committee meeting are beyond the reasonable control of the requesting party. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 183.413 - 183.470 & 701.260 History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08
812-009-0440 Appeal Committee Meeting (1) At the meeting of the Board’s Appeal Committee, the Committee will consider documentary evidence received at the hearing and exceptions and written or oral argument for or against the proposed order, but the Committee will not consider new or additional evidence. (2) The Committee may limit the time allowed for oral argument by a party before the Committee to five minutes. (3) After hearing oral argument, the Committee may conduct its deliberations privately, under authority of ORS 192.690(1). If the Committee conducts its deliberations privately, it will return to public meeting for any motions and voting. (4) The Committee may affirm the proposed order and findings of fact, modify either or both, or send the case back to the Office of Administrative Hearings for a new hearing or to the agency for further processing. Unless the case is sent back to a new hearing, the agency will issue a final order after the Committee meeting. (5) Final orders are subject to judicial review as set forth in ORS Chapter 183. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 183.460 & 701.260 History: CCB 7-2003, f. & cert. ef. 8-8-03 CCB 2-2003, f. & cert. ef. 3-4-03 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
812-011-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.120. (2) Purpose. The purpose of these rules is to provide needed information to the public about contractors who have successfully completed accredited abatement training or training in approved lead safe work practices. (3) Scope: (a) These rules recognize approved or accredited work practices training that qualifies as information released by the agency to the public per ORS 701.250. (b) These rules establish the procedures for adding and deleting approved or accredited training to agency records released to the public per ORS 701.250. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.120 History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
812-011-0010 Definitions The following definitions apply to OAR 812 division 11: (1) "Accredited training" means education that is recognized as having met minimum standards prescribed by the United States Environmental Protection Agency under 40 CFR 745. (2) "Approved training" means education mandated by the United States Department of Housing and Urban Development as providing specialized instruction for construction contractors. (3) "Lead safe work practices" means a set of measures designed to reduce human exposure or likely exposure to lead-based paint hazards. (4) "Credential holder" means a sole proprietor, partner, corporate officer, LLC member or trustee of an entity licensed with the agency who is not an employee and who has successfully completed accredited or approved training. (5) "Successful completion" means meeting all course requirements as required by a training provider. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.120 History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
812-011-0030 Approved and Accredited Training The agency shall accept the following lead safe work practices training: (1) Successful completion of a lead-based paint supervisor or worker training course accredited by the Oregon Department of Human Services; (2) Successful completion of training in a lead-based paint training course accredited by the United States Environmental Protection Agency under 40 CFR 745; (3) Successful completion of a lead-based paint training course accredited by states authorized by the United States Environmental Protection Agency under 40 CFR 745; or (4) Successful completion of training in remodeling or operations and maintenance approved by the United States Department of Housing and Urban Development under 24 CFR 35, et seq. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.120 History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02