justicedao/ipfs_state_laws huggingface dataset:
812-002-0780 Work as a Contractor Does Not Include “Work as a contractor”, as used in ORS 701.021, does not include: (1) Sign painting unless the total area of all signs is more than 60 square feet. (2) Work performed by persons engaged in creating objects, which exist exclusively for aesthetic reasons and have no other function, for example, murals, sculptures, etc., if said work by such person does not incorporate electrical or plumbing. (3) Work performed by government agencies, except a school district. (4) Work performed in setting, placing, removing, or repairing grave markers or monuments in cemeteries. (5) Work by an employee when both the employer and employee are in compliance with applicable employer/employee requirements of ORS Chapters 305, 314, 316, 317, 318, 656, 657, and state and federal wage and hour laws. (6) Concrete pumping. (7) Utility connections done by utility company employees when the connection is owned by a utility company. (8) Installation or repair of stand-alone industrial equipment when such activities are exempt from the requirement for a building permit under the Oregon Structural Specialty Code. (9) Inspections done under contract with government agencies. (10) Cable television work done by cable television franchise holders. (11) Operation of a crane, including the lifting and placement of trusses or other construction materials onto the structure. (12) Improvement of lots with the intent of selling the lots without structures when contracting with licensed contractors to perform the improvement of lots. (13) Arranging for work to be performed by a licensed construction contractor when the person who arranges for the work is a real estate licensee, licensed under ORS Chapter 696; the real estate licensee is representing the seller of the property; and the real estate licensee is acting as the agent for the seller, as evidenced by a contract or agreement between the real estate licensee and the seller. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 634.116, 701.010, 701.021 & 701.026 History: CCB 10-2011, f 9-29-11, cert. ef. 10-1-11 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 1-2001, f. & cert. ef. 4-6-01 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0800 Work Period “Work Period” as used in, OAR 812-003-0150, 812-004-0320, 812-004-0600, 812-004-1320 and 812-004-1600 means the time period from the date a contractor accepts a payment, offers a written proposal, enters into a contract or begins construction, whichever occurs first, until the date the contractual work is substantially completed by the contractor, or if not substantially completed, the date the work by the contractor ceased. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133, 701.139, 701.140, 701.145 & 701.146 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 6-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 4-1998, f. & cert. ef. 4-30-98
812-003-0110 Standards of Behavior (1) A contractor shall not engage in dishonest or fraudulent conduct injurious to the welfare of the public. (2) A contractor shall cooperate fully with any investigation undertaken by the Board pursuant to ORS 701.225. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.098 & 701.225 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0120 License Required to Advertise (1) No person shall advertise or otherwise hold out to the public that person's services as a contractor unless that person holds a current, valid license, nor shall any person claim by advertising or by any other means to be licensed, bonded, or insured unless that person holds a current, valid license. (2) License number in advertising and contracts: (a) All newsprint classified advertising and newsprint display advertising for work subject to ORS chapter 701 prepared by a contractor or at the contractor's request or direction, shall show the contractor's license number. (b) All written bids, written inspection reports and building contracts subject to ORS chapter 701 shall show the contractor's license number. (c) All telephone directory space ads and display ads shall show the contractor's license number. (d) All advertisements by audio-only media, such as radio commercials, must contain an audible statement of the contractor’s license number. (e) All advertisements by video media or video and audio combined media, such as television commercials, must show visually the contractor’s license number. (f) All advertising by internet media, including but not limited to, website advertising must show visually the contractor’s license number. (g) All business cards, business letterhead, business signs at construction sites and all other written or visual advertising shall show the contractor's license number. Written or visual advertising does not include permanently affixed or attached signs at a contractor’s place, or places, of business that primarily and prominently display the contractor’s name. (h) This section does not apply to promotional gifts, including, but not limited to, pencils, pens, cups and items of clothing. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.010 & 701.021 History: CCB 6-2018, amend filed 12/06/2018, effective 01/01/2019 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0142 License Application Fees (1) Effective July 1, 2024, the application fee for all renewal or reissued licenses is $400. For applications received on or before June 30, 2024, the application fee for all renewal or reissued licenses is $325. (2) Effective July 1, 2025, the application fee for all new licenses is $400. For applications received on or before June 30, 2025, the application fee for all new licenses is $325. (3) Except as provided in section (4) of this rule, application fees will not be refunded. (4) If a licensee submits an application to renew a license and the agency cannot renew the license because the applicant has formed a new business entity, the agency may refund the renewal application fee, less a $40 processing fee. (5)(a) Any licensee in the United States armed forces need not pay a license renewal fee if such fee would be due during the licensee's active-duty service. (b) A licensee in the United States armed forces shall pay the next license renewal fee that will become due after the licensee is discharged from active-duty service. (c) The agency may request that the licensee provide documentation of active-duty status and of discharge. (d) Section (5) of this rule applies to licensees that are sole proprietors or partners in a general partnership. Statutory/Other Authority: ORS 701.238 & 701.235 Statutes/Other Implemented: ORS 701.056, 701.063 & 701.238 History: CCB 1-2024, amend filed 04/08/2024, effective 07/01/2024 CCB 2-2019, amend filed 07/03/2019, effective 07/03/2019 CCB 4-2018, amend filed 08/23/2018, effective 01/01/2019 CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14
812-003-0152 Residential Bonds Generally (1) A properly executed residential bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Residential Surety Bond” dated September 28, 2015. (c) Be filed with the Construction Contractors Board within sixty (60) days from the date the bond is executed by the surety. (2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 or 701.088 is in effect, the security must be held until final disposition of the complaint. (3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request. (4) A residential bond is available only for payments determined by the agency involving residential or small commercial structures or for the development of property zoned or intended for use compatible with residential or small commercial structures. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.081 History: CCB 5-2018, amend filed 08/23/2018, effective 09/01/2018 CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0153 Commercial Bonds Generally (1) A properly executed commercial bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial Surety Bond” dated September 28, 2015. (c) Be filed with the Construction Contractors Board within sixty (60) days from the date the bond is executed by the surety. (2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 is in effect, the security must be held until final disposition of the complaint. (3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request. (4) A commercial bond is available only for payments determined by the agency involving small or large commercial structures or for the development of property zoned or intended for use compatible with large or small commercial structures. Statutory/Other Authority: 701.235 & ORS 670.310 Statutes/Other Implemented: ORS 701.068 & 701.084 History: CCB 5-2018, amend filed 08/23/2018, effective 09/01/2018 CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0154 Construction Flagger Bonds (1) A properly executed construction flagger bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial Surety Bond” dated July 1, 2017. (c) Be filed with the Construction Contractors Board within sixty (60) days from the date the bond is executed by the surety. (2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 and 701.470 is in effect, the security must be held until final disposition of the complaint. (3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request. (4) A construction flagger bond is available only for payments determined by the agency involving construction flaggers. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.470 History: CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 4-2017, adopt filed 11/22/2017, effective 12/01/2017
812-003-0155 Letters of Credit or Cash Deposits, Generally (1) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may provide a properly executed letter of credit as adopted by the Construction Contractors Board in the form entitled “Letter of Credit for Licensee Rehabilitating Illegal Drug Manufacturing Site” dated December 18, 2007. (2) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may provide a properly executed cash deposit as adopted by the Construction Contractors Board in the form entitled “Assignment of Savings Account or Certificate of Deposit for Licensee Rehabilitating Illegal Drug Manufacturing Site,” dated December 18, 2007. (3) If a complaint is filed against a licensee for work done during the work period of a contract entered while the letter of credit or cash deposit is in effect, the agency shall provide notice to the bank or financial institution that issued the letter of credit or cash deposit. The bank or financial institution must hold the letter of credit or cash deposit until final disposition of the complaint. (4) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via electronic facsimile may be accepted as original documents. The bank or financial institution must provide the original documents to the agency upon request. (5) References in other provisions of Chapter 812 to letters of credit or cash deposits apply only to licenses issued under ORS 701.088 and this section. Statutory/Other Authority: ORS 670.310, 701.085 & 701.235 Statutes/Other Implemented: ORS 701.088 History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-003-0160 Entity Name Required on Bond, Letter of Credit or Cash Deposit (1) The name of the entity as it appears on the bond, letter of credit or cash deposit must be the same as the name on the application and entity name filed at the Oregon Corporation Division (if applicable). (a) If the entity is a sole proprietorship, the bond, letter of credit or cash deposit must include the name of the sole proprietor; (b) If the entity is a partnership, or joint venture, the bond, letter of credit or cash deposit must include the names of all partners (except limited partners); (c) If the entity is a limited liability partnership, the bond, letter of credit or cash deposit must be issued in the name of all partners and the name of the limited liability partnership; (d) If the entity is a limited partnership, the bond, letter of credit or cash deposit must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the bond, letter of credit or cash deposit; (e) If the entity is a corporation or trust, the bond, letter of credit or cash deposit must be issued showing the corporate or trust name; or (f) If the entity is a limited liability company, the bond, letter of credit or cash deposit must be issued in the name of the limited liability company. (2) If at any time an entity amends its entity name, the agency must be notified within 30 days of the date of the change. (3) The inclusion or exclusion of business name(s) on a bond, letter of credit or cash deposit does not limit the liability of an entity. Complaints against a licensed entity will be processed regardless of business names used by an entity. Statutory/Other Authority: ORS 670.310, 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0171 Bond, Letter of Credit or Cash Deposit For all new and renewal license applications, a surety bond as required under ORS 701.068, or a surety bond, letter of credit or cash deposit as required under ORS 701.088, must be in one of the following amounts: (1) Residential General Contractor — $25,000. (2) Residential Specialty Contractor — $20,000. (3) Residential Limited Contractor — $15,000. (4) Residential Developer — $25,000. (5) Residential Locksmith Services Contractor — $15,000. (6) Home Inspector Services Contractor — $15,000. (7) Home Services Contractor — $15,000. (8) Home Energy Performance Score Contractor — $15,000. (9) Residential Restoration Contractor — $15,000. (10) Commercial General Contractor Level 1 — $80,000. (11) Commercial Specialty Contractor Level 1 — $55,000. (12) Commercial General Contractor Level 2 — $25,000. (13) Commercial Specialty Contractor Level 2 — $25,000. (14) Commercial Developer — $25,000. (15) Construction Flagging Contractor — $25,000. Statutory/Other Authority: ORS 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068, 701.081, 701.084, 701.088, 701.470 & 701.540 History: CCB 1-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 2-2016, f. 12-29-16, cert. ef. 1-1-17 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0175 Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity (1) A business, including an individual person, applying for or renewing a license will file a bond, letter of credit or cash deposit in an amount up to five times the amount required for the category of license under OAR 812-003-0171, if: (a) The business has unpaid debts under a final order, arbitration award or determination of the board; (b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the board; or (c) An owner or officer of the business was an owner or officer of another business at the time the other business incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains unpaid. (2) A business, including an individual person, licensed as a residential general contractor or residential specialty contractor that applies to be licensed as, or seeks to change its endorsement to, a residential limited contractor must file a bond, letter or credit or cash deposit in an amount of five times the amount of the residential limited contractor bond, namely $50,000, if: (a) The business has unpaid debts under a final order, arbitration award or determination of the board; (b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the board; or (c) An owner or officer of the business was an owner or officer of another business at the time the other business incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains unpaid. (3) For purposes of this rule, “owner” means an “owner” as defined in ORS 701.094 and OAR 812-002-0537. (4) For purposes of this rule, “officer” means an “officer” as defined in ORS 701.005(12). (5) Debts due under a final order or arbitration award of the board include amounts not paid by a surety or financial institution on complaints. Statutory/Other Authority: ORS 670.310, 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 9-2006, f. & cert. ef. 9-5-06 CCB 4-2006(Temp), f. & cert. ef. 3-9-06 thru 9-5-06
812-003-0180 Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit (1) The surety bond, letter of credit or cash deposits effective date is the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by the agency. (2) The bond shall remain in effect and be continuous until cancelled by the surety or until the licensee no longer meets the requirements for licensing as determined by the agency, whichever comes first. (3) A surety bond may be cancelled by the surety only after the surety has given 30 days' notice to the agency. Cancellation will be effective no less than 30 days after receipt of the cancellation notice. (4) The letter of credit or cash deposit shall remain in effect and be continuous until released by the agency. (5) Immediately upon cancellation of the bond, or cancellation without an authorized release by the agency of a letter of credit or cash deposit the agency may send an emergency suspension notice to the contractor as provided for in ORS 701.098(4)(a)(A), informing the contractor that the license has been suspended. (6) The bond, letter of credit or cash deposit shall be subject to final orders or arbitration awards as described in OAR 812-004-0600 or determinations as described in OAR 812-004-1600. (7) The surety or financial institution will be responsible for ascertaining the bond, letter of credit or cash deposit’s effective date. Statutory/Other Authority: ORS 670.310, 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068, 701.088 & 701.098 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0190 New Bond, Letter of Credit or Cash Deposit Required for Change in Entity (1) If an entity licenses as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types, the application must be accompanied by a new: (a) Bond separate from the bond held for the previous entity; (b) Letter of credit separate from the letter of credit held for the previous entity; or (c) Cash deposit separate from the previous cash deposit held for the previous entity. (2) Riders to existing bonds changing the type of entity bonded will be construed as a cancellation of the bond and will not be otherwise accepted. Statutory/Other Authority: ORS 670.310, 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 9-2004, f. & cert. ef. 12-10-04