justicedao/ipfs_state_laws huggingface dataset:
812-008-0074 Approved Course Subjects and Education Providers (1) The following subject areas are approved for continuing education units: Report writing, communication skills, business practices, legal issues, ethics, national examination content items, building codes, construction, renovation, lead-based paint and home inspector standards of practice. (2) If applicable, a foreign company applying to be an education provider must be authorized by the Oregon Corporation Division to do business in Oregon. All education provider applicants must register their assumed business name(s) used in Oregon with the Oregon Corporation Division. (3) Education provider applicants shall complete an application form prescribed by the agency that shall include but is not limited to the following information: (a) Evidence that the education provider applicant complies with section (2) of this rule. (b) An outline that demonstrates the goals and objectives of the education program are appropriate for Oregon Home Inspectors; (c) Certification that the courses intended for Oregon Home Inspectors are in the approved subject matter stated in OAR 812-008-0074(1). (d) Certification that the instructors are qualified and have: (A) Experience in subject matter. (B) Licenses, certificates, and/or degrees in subject matter. (C) Background in training or adult education; and (D) Knowledge of home inspection industry. (e) Certification that the criteria used by the education provider to approve and evaluate instructors and courses are stringent and ongoing. (4) Education providers offering continuing education units as defined in 812-008-0072(1)(a) shall provide completion certificates to course attendees within 30 days from the date of course completion. Course completion certificates shall include but are not limited to the following: (a) Education provider’s name; (b) Attendee’s name; (c) Date of course; (d) Subject areas covered in course; (e) Number of clock hours or continuing education units; and (f) Signature of education program designee. (5) The agency may terminate a provider’s program if they do not meet the agency’s approved criteria. 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 17-2010, f. 12-22-10, cert. ef. 1-1-11 CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 5-1999, f. & cert. ef. 9-10-99
812-008-0076 Certification Renewal Term, Effective Date (1) Certification renewal shall be effective on the day following the expiration date of the certification for which renewal is sought if an Oregon certified home inspector fulfills all requirements of OAR 812-008-0070 on or before the expiration date. (2) If an Oregon certified home inspector fails to fulfill all requirements of OAR 812-008-0070 on or before the expiration date of the certification for which renewal is sought, but fulfills all such requirements at a future date, certification renewal shall be effective on the day all requirements for renewal are completed. However, during the period from the expiration date of the certification for which renewal is sought and the date upon which all requirements of 812-008-0070 are fulfilled, the certification of the individual formerly an Oregon certified home inspector is not in effect, and the prohibition of 812-008-0030(1) applies. (3) An applicant for renewal shall fulfill all requirements of OAR 812-008-0070 when applicant’s previous certification has expired for two years or less. (4) An applicant for renewal shall fulfill all requirements of OAR 812-008-0040 when applicant’s previous certification has expired for more than two years. Each time an applicant completes the requirements of 812-008-0040, applicant will be issued a new certification number. Statutory/Other Authority: ORS 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 3-2002, f. & cert. ef. 3-1-02 CCB 4-1999, f. & cert. ef. 6-29-99
812-008-0077 Certification Cards (1) The agency shall issue a certification and pocket card effective on the date on which the certification becomes effective under OAR 812-008-0060 or 812-008-0076. (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. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 192.440(4)(a), 701.063 & 701.238 History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-008-0090 Revocation of Certification The Construction Contractors Board may revoke the certificate of an Oregon certified home inspector or the license of a business that performs work as a home inspector for failure of the Oregon certified home inspector to: (1) Comply with one or more of the “Standards of Practice” set forth in OAR 812-008-0202 through 812-008-0214. (2) Comply with one or more of the “Standards of Behavior” set forth in OAR 812-008-0201. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 8-2009, f. 12-28-09, cert. ef. 1-1-10 CCB 3-2006, f. & cert. ef. 3-2-06 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1999, f. & cert. ef. 6-29-99 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0110 Prescribed Fees The following prescribed fees are established: (1) Initial two-year Certification, $150. (2) Certification renewal (two years), $150. (3) Refunds: (a) The agency shall not refund fees or civil penalties overpaid by an amount of $20 or less unless requested by the payer in writing within three years after the date payment is received by the agency, as provided by ORS 293.445. (b) Except as set forth in subsection (3)(c) of this rule, all fees are non-refundable and nontransferable. (c) When an applicant withdraws their application for a certification or a certification renewal prior to issuance of a certification or certification renewal, or fails to complete the certification process, the agency may refund the certification fee but shall retain a processing fee of $40. (d) If the agency receives payment of any fees or penalty by check and the check is returned to the agency as an NSF check, the payer of the fees will be assessed an NSF charge of $25 in addition to the required payment of the fees or penalty. (4)(a) Any certified home inspector in the United States armed forces need not pay a renewal fee if such fee would be due during the certified home inspector’s active duty service. (b) A certified home inspector in the United States armed forces shall pay the next license renewal fee that will become due after the certified home inspector is discharged from active duty service. (c) The agency may request that the certified home inspector provide documentation of active duty status and of discharge. Statutory/Other Authority: ORS 293.445, 670.310, 701.235 & 701.350 Statutes/Other Implemented: ORS 293.445, 701.350 & 701.355 History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15 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 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-13-03 CCB 6-2001, f. & cert. ef. 9-27-01 CCB 4-1999, f. & cert. ef. 6-29-99 CCB 1-1998, f. & cert. ef. 2-6-98
812-008-0200 Standards of Behavior and Standards of Practice OAR 812-008-0201 sets forth the standards of behavior of Oregon certified home inspectors. OAR 812-008-0202 through 812-008-0214 of this rule set forth the minimum standards of practice required by Oregon certified home inspector. 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
812-008-0201 Standards of Behavior (1) An Oregon certified home inspector shall not: (a) Engage in dishonest or fraudulent conduct or undertake activities that are injurious to the welfare of the public, which result in injury or damage to another person. (b) Disclose any information about the results of an inspection without the approval of the client for whom the inspection was undertaken. (c) Accept compensation or any other consideration from more than one interested party for the same service without the consent of all interested parties. (d) Directly or indirectly compensate realty agents, or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers or similar arrangements. This paragraph is not intended to prohibit any discount, credit or add-on service made directly to an inspector’s client. (e) Accept financial or other consideration, such as material or equipment, from suppliers for suggesting the use of, or promoting a specific product in the course of performing an inspection. (f) Accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties. (g) Inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property. (h) Express, within the context of an inspection, an appraisal or opinion of the market value of the inspected property. (i) Allow his or her interest in any business to affect the quality or results of inspection work that the Oregon certified home inspector may be called upon to undertake. (j) Misrepresent any matters to the public. (2) Opinions expressed by Oregon certified home inspectors shall only be based on their education, experience, and physical evidence observed by the inspector. (3) Before the execution of a contract to undertake a home inspection, an Oregon certified home inspector shall disclose to the client any interest in a business that may affect the client. (4) Nothing in OAR 812-008-0201 shall prohibit a business offering home inspection services from advertising services or for the purpose of recruiting employees and personnel. All such advertisements shall not be misleading or deceptive. A business shall not advertise home inspection services unless the business is properly licensed. Statutory/Other Authority: ORS 670.310, 701.235, 701.350 & 701.355 Statutes/Other Implemented: ORS 701.350 & 701.355 History: CCB 14-2008, f. 6-30-08, cert. ef. 7-1-08 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
812-008-0203 General Limitations (1) Inspections undertaken in accordance with division 8 are visual and are not technically exhaustive. (2) “Residential structures” and “appurtenances” thereto are defined in ORS Chapter 701.005 and OAR 812-008-0020. 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
812-008-0204 General Exclusions (1) Oregon certified home inspectors are not required to report on: (a) Life expectancy of any component or system; (b) The causes of the need for a repair; (c) The methods, materials, and costs of corrections; (d) The suitability of the property for any specialized use; (e) Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements or restrictions; (f) The advisability or inadvisability of purchase of the property; (g) The presence or absence of pests such as wood damaging organisms, rodents, or insects; (h) Cosmetic items, underground items, or items not permanently installed; or (i) Detached structures. (2) Oregon certified home inspectors are not required to: (a) Offer or undertake any act or service contrary to law; (b) Offer warranties or guarantees of any kind; (c) Offer to undertake engineering, architectural, plumbing, electrical or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the Oregon certified home inspector holds a valid occupational license, in which case the Oregon certified home inspector may inform the client that the home inspector is so certified, and is therefore qualified to go beyond division 8 and undertake additional inspections beyond those within the scope of the basic inspection; (d) Calculate the strength, adequacy, or efficiency of any system or component; (e) Enter any area, undertake any procedure that may damage the property or its components, or be dangerous to the Oregon certified home inspector or other persons; (f) Operate any system or component that is shut down or otherwise inoperable; (g) Operate any system or component that does not respond to normal operating controls; (h) Disturb insulation, move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility; (i) Determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including but not limited to toxins, carcinogens, noise or contaminants in the building or soil, water, and air; (j) Determine the effectiveness of any system installed to control or remove suspected hazardous substances; (k) Predict future condition, including but not limited to failure of components; (l) Project operating costs of components; (m) Evaluate acoustical characteristics of any system or component; (n) Observe special equipment or accessories that are not listed as components to be observed in division 8; or (o) Identify presence of odors or their source. 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
812-008-0205 Structural Components (1) The Oregon certified home inspector shall observe and describe visible structural components including: (a) Foundation; (b) Floors and floor structure; (c) Walls and wall structure; (d) Columns or piers; (e) Ceilings and ceiling structure; and (f) Roofs and roof structure. (2) The Oregon certified home inspector shall: (a) Probe or sound structural components where deterioration is suspected, except where probing would damage any finished surface; (b) Enter underfloor crawl spaces, basements, and attic spaces except when access is obstructed or restricted, when entry could damage any property, or when dangerous or adverse situations are suspected; (c) Report the methods used to observed underfloor crawl spaces and attics; report inaccessible areas; and (d) Report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation on building components. 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
812-008-0206 Exterior and Site (1) The Oregon certified home inspector shall observe and describe: (a) Wall cladding, flashings, and trim; (b) Entryway doors and all windows; (c) Garage door operators; (d) Attached decks, balconies, stoops, steps, areaways, porches, and applicable railings; (e) Eaves, soffits, and fascias; and (f) Vegetation, grading, drainage, driveways, patios, walkways, and retaining walls with respect to their effect on the condition of the building that adversely affect the structure. (2) The Oregon certified home inspector shall: (a) Operate all entryway doors and a representative number of windows; (b) Operate garage doors manually or by using permanently installed controls for any garage door opener; and (c) Report whether or not any garage door opener will automatically reverse or stop when meeting reasonable resistance during closing, or reverse with appropriately installed optical sensor system. (3) The Oregon certified home inspector is not required to observe: (a) Storm windows, storm doors, screening, shutters, and awnings; (b) Garage door operator remote control transmitters; (c) Soil or geological conditions, site engineering, property boundaries, encroachments, or easements; (d) Recreational facilities (including spas, saunas, steambaths, swimming pools, decorative water features, tennis courts, playground equipment, and other exercise, entertainment, or athletic facilities); or (e) Detached buildings or structures; (f) Fences or privacy walls; (g) Ownership fencing, privacy walls, retaining walls; or (h) Condition of trees, shrubs, or vegetation. 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
812-008-0207 Roofing (1) The Oregon certified home inspector shall observe and describe: (a) Roof coverings; (b) Roof drainage systems; (c) Flashings; (d) Skylights, chimneys, and roof penetrations; and (e) Signs of leaks or abnormal condensation on building components. (2) The Oregon certified home inspector shall report the method used to observe the roofing and components. 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
812-008-0208 Plumbing (1) The Oregon certified home inspector shall observe: (a) Interior water supply and distribution system, including piping materials, supports, and insulation, fixtures and faucets, functional flow, leaks, and cross connections; (b) Interior drain, waste, and vent system, including traps, drain, waste, and vent piping, piping supports and pipe insulation, leaks, and functional drainage; (c) Hot water systems including water heating equipment, normal operating controls, automatic safety controls, and chimneys, flues, and vents; (d) Above ground oil storage and distribution systems including interior oil storage equipment, supply piping, venting, and supports; leaks; and (e) Sump pumps and sewage ejection pumps. (2) The Oregon certified home inspector shall describe: (a) Water supply and distribution piping materials; (b) Drain, waste, and vent piping materials; and (c) Water heating equipment. (3) The Oregon certified home inspector shall operate all plumbing fixtures, including their faucets and all exterior faucets attached to the house except where the flow end of the faucet is connected to an appliance or interior faucets not serviced by a drain. (4) The Oregon certified home inspector is not required to: (a) State the effectiveness of anti-siphon devices and anti-backflow valves; (b) Determine whether water supply and waste disposal systems are public or private; (c) Operate automatic safety controls; (d) Operate any valve except toilet flush valves, fixture faucets, and hose faucets; (e) Observe: (A) Water conditioning systems; (B) Fire and lawn sprinkler systems; (C) On-site water supply quantity and quality; (D) On-site waste disposal systems; (E) Foundation irrigation systems; (F) Whirlpool tubs, except as to functional flow and functional drainage; (G) Swimming pools and spas; or (H) Solar water heating equipment. 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