justicedao/ipfs_state_laws huggingface dataset:
812-007-0160 Fees for Lead-Based Paint Activity Licenses — Individuals (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The following fees are established: (a) Lead assessor, $50/year. (b) Lead inspector, $50/year. (c) Lead supervisor, $50/year. (d) Lead worker, $25/year. (3) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the agency will charge the applicant $25 in addition to the required fees. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0200 Licenses Required for Lead-Based Paint Activities — Contractors (1) No contractor shall offer to perform or perform LBP abatement in target housing or child-occupied facilities without first receiving certification from OHA and a license from the board as a lead abatement contractor, unless such contractor is exempt from the certification or licensing requirements. (2) No contractor shall offer to perform or perform LBP inspection or risk assessment in target housing or child-occupied facilities without first receiving certification from OHA and a license from the board as a lead inspection contractor, unless such contractor is exempt from the certification or licensing requirements. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0205 Qualified Owner or Employee Required for Lead-Based Paint Activities — Contractors (1) A lead abatement contractor must, at all times, have at least one owner or employee who is a licensed lead supervisor. (2) A lead inspection contractor must, at all times, have at least one owner or employee who is a licensed lead inspector or a licensed lead risk assessor. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0210 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Contractors (1) A person applying for a license as a lead abatement contractor must submit the following: (a) Completed application on a form provided by the board; (b) Proof that the person is licensed by the board as a construction contractor; (c) The fee established in OAR 812-007-0260; (d) Proof that the applicant is owned by or employs one or more persons who are licensed lead supervisor(s); and (e) Proof that OHA certified the person as qualified to perform abatement. (2) A person applying for a license as a lead inspection contractor must submit the following: (a) Completed application on a form provided by the board; (b) Proof that the person is licensed by the board as a construction contractor; (c) The fee established in OAR 812-007-0260; (d) Proof that the applicant is owned by or employs one or more persons who are licensed lead inspector(s) or licensed lead risk assessor(s); and (e) Proof that OHA certified the person as qualified to perform inspection or risk assessment. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0220 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Contractors (1) The effective date of the license will be the date the applicant meets all board requirements, including, but not limited to, the receipt of the fee required under OAR 812-007-0260. (2) All licenses issued will be non-transferable and will be effective for one year from the date of issue. (3) All licenses will be assigned a unique number. (4) An applicant for a license may withdraw the application at any time before issuance of the license upon written request to the board. (5) If the board denies the license, it shall state, in writing, the reasons for denial. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0230 Renewal of Lead-Based Paint Activity Licenses — Contractors Persons licensed under these rules may renew their licenses by submitting the following: (1) A properly completed application for license renewal on a form provided by the board; (2) Proof that the person is licensed by the board as a construction contractor; (3) The fee established in OAR 812-007-0260; and (4) Proof that the contractor is certified by OHA. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0250 Denial, Suspension or Revocation of License for Lead-Based Paint Activities — Contractors (1) The board may deny, suspend, or revoke a license of a lead abatement contractor or a lead inspection contractor on the following grounds: (a) Obtaining a license through invalid documentation; (b) Permitting the duplication or use of the license by another; (c) Violating a rule of the board; (d) Failing to comply with applicable work practice standards set forth in 40 CFR 745.227; (2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with ORS 183.310 to 183.470. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0260 Fees for Lead-Based Paint Activity Licenses — Contractors (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The following fees are established: (a) Lead abatement contractor, $50/year. (b) Lead inspection contractor, $50/year. (3) If the board receives payment of fees by check and the check is returned to the board as an NSF check, the board will charge the applicant $25 in addition to the required fees. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0300 License Required for Lead-Based Paint Renovation No contractor shall offer to perform or perform renovation in target housing or child-occupied facilities without first receiving a certified LBP renovation contractor license from the board, unless such contractor is exempt from the board’s licensing requirements. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0310 Application and Eligibility Requirements for Certified Lead-Based Paint Renovation Contractor A person applying to become a certified LBP renovation contractor must submit the following: (1) Completed application on a form provided by the board; (2) Proof that the person is licensed by the board as a construction contractor; (3) The fee established in OAR 812-007-0360; and (4) Proof that the licensee is owned by or employs at least one individual who has a current and valid course completion certificate evidencing that the individual is a certified renovator as provided in 40 CFR 745.83. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 CCB 8-2010, f. & cert. ef. 4-28-10 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0320 Effective Dates of New License and License Term for Certified Lead-Based Paint Renovation Contractor License (1) The effective date of the license will be the date the applicant meets all board requirements, including but not limited to the receipt of the fee required under OAR 812-007-0360. (2) All licenses issued will be non-transferable and will be effective for one year from the date of issue. (3) All licenses will be assigned a unique number. (4) An applicant for a license may withdraw the application at any time before issuance of the license upon written request to the board. (5) If the board denies the license, it shall state, in writing, the reasons for denial. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 3-2012, f. & cert. ef. 3-2-12 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0323 License Surrender A certified LBP renovation contractor may request that the board accept the surrender of its license. (1) The license remains in effect until the board accepts the surrender. (2) If the board accepts the surrender, the board will notify the licensee of the date the license terminates. (3) The board will not accept the surrender if an investigation of or disciplinary action against the licensee is pending. (4) The licensee must cease renovating target housing or child-occupied facilities from the date the license terminates through the remainder of the license period. (5) The board will not reinstate the surrendered license. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 18-2010(Temp), f. & cert. ef. 12-22-10 thru 6-19-11
812-007-0330 Renewal of Certified Lead-Based Paint Renovation Contractor License Persons licensed under these rules may renew their licenses by submitting the following: (1) A properly completed application for license renewal on a form provided by the board; (2) Proof that the person is licensed by the board as a construction contractor; (3) The fee established in OAR 812-007-0360; and (4) Proof that the licensee is owned by or employs at least one individual who has a current and valid course completion certificate evidencing that the individual is a certified renovator as provided in 40 CFR 745.83. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 CCB 8-2010, f. & cert. ef. 4-28-10 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0350 Denial, Suspension or Revocation of Certified Lead-Based Paint Renovation Contractor License (1) The board may deny, suspend, or revoke a license of a certified LBP renovation contractor on the following grounds: (a) Obtaining a license through invalid documentation; (b) Permitting the duplication or use of the license by another; (c) Violating a rule of the board; or. (d) Violating 40 CFR §745.84 (information distribution requirements), 40 CFR §745.85 (work practice standards), or 40 CFR §745.86 (recordkeeping and reporting requirements). (2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with ORS 183.310 to 183.470. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.510 & 701.515 History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 CCB 3-2012, f. & cert. ef. 3-2-12 CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 8-2010, f. & cert. ef. 4-28-10 CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0360 Fees for Certified Lead-Based Paint Renovation Contractor Licenses (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The fee for a certified LBP renovation contractor license is $50/year. (3) 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. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-008-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS Chapter 701. (2) Purpose. (a) The purpose of these rules is to create a program to certify home inspectors. (b) These rules prescribe the requirements for certification and practices of individuals, and licensing of businesses engaged in home inspections. (c) These rules cover businesses and all individuals who offer to undertake, submit a bid to undertake or undertake a home inspection. (d) These rules identify when an inspection and report that is limited to one or more specific systems or components of a residential structure or appurtenance is not a sufficient assessment of the overall physical condition of the structure or appurtenance to constitute the services of a home inspector. (3) Scope. (a) These rules are limited to the establishment of certification for individuals and licensing of businesses that offer to undertake, submit a bid to undertake or undertake certified home inspections. (b) These rules prescribe the requirements for, and the manner of certifying applicants to be Oregon certified home inspectors and the licensing of businesses employing these individuals, to assure the protection of consumers. (c) These rules establish prescribed fees to the extent necessary to defray costs of those activities prescribed herein. Statutory/Other Authority: ORS 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 17-2011, f. 12-13-11, cert. ef. 1-1-12 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0030 Certification and License Required (1) Except as provided in section (3) of this rule, no individual shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first receiving certification to do same from the agency and without being an owner or employee of a business that is licensed with the agency. (2) Except as provided in section (3) of this rule, no business shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first becoming licensed with the agency as a residential general contractor, a residential specialty contractor, or a home inspection services contractor and without having an owner or employee who is an Oregon certified home inspector by the agency. (3) The following persons are exempt from the requirements of this rule. (a) Persons registered each year as a general contractor under ORS chapter 701 during the period from January 1, 1991, through August 11, 1997, as provided in section (3)(b) of chapter 814, 1997 Oregon Laws. (b) Persons performing an energy audit or issuing a report on an energy audit. (c) Persons performing a forensic evaluation or issuing a report on a forensic evaluation. (d) Persons performing home performance testing or issuing a report on a home performance testing. (e) Persons who assign home energy performance scores for residential buildings. (4) No person, including persons covered by section (3) of this rule, shall use the title Oregon certified home inspector without receiving such certification from the agency. (5) Certified individuals and licensed business undertaking certified home inspections shall comply with the standards of practice for undertaking certified home inspections as prescribed in these rules. (6) All certificates for individuals to undertake home inspections are renewable upon meeting all requirements, including continuing education, as established by ORS 701.445(4) and OAR chapter 812. (7) Home inspection service contractors are not required to complete continuing education as required under ORS 701.082. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.081, 701.084, 701.350 & 701.355 History: CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 17-2011, f. 12-13-11, cert. ef. 1-1-12 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 5-1999, f. & cert. ef. 9-10-99 CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-25-99 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0045 Temporary Authorization for Military Spouse – Home Inspectors (1) A spouse of an active-duty member of the United States Army, Army Active Guard Reserve, Navy, Marine Corps, Air Force, Air Force Active Guard Reserve, or Coast Guard stationed in Oregon may obtain a temporary authorization as a home inspector valid until the earliest of the following: (a) Two years from the date of issue; (b) The date the applicant’s spouse completes the spouse’s active-duty service in Oregon; or (c) The date the applicant’s authorization issued by another state expires. (2) The applicant shall complete an application as provided in OAR 812-008-0040. (3) The applicant must hold a current authorization in another state as a home inspector. (4) The applicant must be in good standing in the state or states in which the applicant is currently licensed. For purposes of this subsection, “good standing” means the applicant has not been subject to any disciplinary sanction within the past 5 years. (5) To demonstrate competency, the applicant must: (a) Successfully pass the National Home Inspector Examination created and graded by the Examination Board of Professional Home Inspectors; and (b) Complete three hours of education on laws, regulations and business practices offered by the board. (6) The applicant shall pay the license application fee as provided in OAR 812-008-0110. (7) These requirements do not eliminate or supersede any requirement for any other license or credential required by another Oregon state agency or local government. Statutory/Other Authority: HB 3030 (2019), Chapter 142 & SB 688 (2019), Chapter 626 Statutes/Other Implemented: HB 3030 (2019), Chapter 142 & SB 688 (2019), Chapter 626 History: CCB 3-2019, adopt filed 12/17/2019, effective 01/01/2020
812-008-0050 Examination Requirements (1) Beginning October 1, 2015, home inspector applicants shall successfully pass the National Home Inspector Examination created and graded by the Examination Board of Professional Home Inspectors. (2) National Home Inspector Examinations passed before October 1, 2015, may be used if the applicant applies for certification on or after October 1, 2015. (3) The examination shall be administered at a test center in Oregon designated by the Examination Board of Professional Home Inspectors or in any other state that administers the National Home Inspector Examination. (4) Successful applicants will submit their official score sheet to the agency. The agency may verify with the Examination Board of Professional Home Inspectors the validity of any official score sheet. (5) Retesting after a failed examination will be administered in accordance with protocols of the Examination Board of Professional Home Inspectors. (6) This requirement does not apply to any home inspector certified by the agency before October 1, 2015, whose certification is current and in good standing. Statutory/Other Authority: ORS 670.310, 701.235 & 701.350 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15 CCB 3-2006, f. & cert. ef. 3-2-06 CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 6-1999, f. 9-10-99, cert. ef. 11-1-99 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 Reverted to CCB 4-1998, f. & cert. ef. 4-30-98 CCB 5-1998(Temp), f. & cert. ef 5-28-98 thru 7-1-98 CCB 4-1998, f. & cert. ef. 4-30-98 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0060 Certification Issuance (1) The effective date of the certificate will be the date applicant meets all agency requirements, including but not limited the receipt of the fee required under OAR 812-008-0110. (2) A unique certification number will be assigned to each certificate. (3) All certificates shall be issued in the name of the individual who passed the test. (4) An application for certification may be withdrawn upon receipt of a written request to the agency at any time prior to the issuance of the certification. (5) When granted, the certificate shall be mailed to the applicant. (6) If denied, the agency shall state, in writing, the reasons for denial. (7) A certificate shall be non-transferable and shall be effective for two years from date of issue. Statutory/Other Authority: ORS 670.310, 701.235 & 701.350 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0065 Mailing and E-mail Address Changes (1) Certified home inspectors shall notify the board of any change in mailing or e-mail addresses while certified and for one year following the certification expiration date. Such persons must notify the board within 10 days after changing an address. (2) No charge will be made for a mailing or e-mail address change to the board’s records. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.117 & 701.350 History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-008-0070 Requirements for Renewal of Certification (1) An Oregon certified home inspector shall submit the following to the agency for renewal of certification: (a) A properly completed renewal application on an agency form; and (b) The renewal fee as required under OAR 812-008-0110; and (c) Copies of completion certificates or other proof of completion listing no less than 30 continuing education units (CEUs) completed by the Oregon certified home inspector during the two years immediately preceding the expiration date of the certification for which renewal is sought. (2) If, during the two years immediately preceding the expiration date of the certification, an Oregon certified home inspector 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. Statutory/Other Authority: ORS 670.310, 701.235 & 701.350 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 2-2006, f. & cert. ef. 1-26-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 2-2003, f. & cert. ef. 3-4-03 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 4-1999, f. & cert. ef. 6-29-99
812-008-0072 Approved Continuing Education Units The following continuing education units (CEUs) are approved: (1) One CEU for each completed clock hour of instruction of approved subject matter in OAR 812-008-0074(1) given by the following: (a) Education providers approved under OAR 812-008-0074(3). (b) Accredited colleges or universities. (c) Federal, state or local government agencies. (d) Education providers approved or accredited by federal, state or local government agencies. (2) One CEU for accompanying a plumbing, electrical, or heating and air conditioning contractor who is licensed with the Building Codes Division, on a repair or maintenance job that lasts a minimum of four hours. No more than one CEU shall be granted in each of the three areas per two-year renewal period for a total of three CEUs. (3) One CEU for each year completed for serving as an officer of an Oregon or national home inspector professional trade association. (4) One CEU for each clock hour for providing “ride-along” inspection training, as authorized by OAR 812-008-0040(3)(c), to home inspector certification applicants. Statutory/Other Authority: ORS 670.310, 701.235 & 701.350 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 2-2006, f. & cert. ef. 1-26-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 10-2002, f. & cert. ef. 11-20-02 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00 CCB 5-1999, f. & cert. ef. 9-10-99 CCB 4-1999, f. & cert. ef. 6-29-99