justicedao/ipfs_state_laws huggingface dataset:
812-011-0050 Procedures The agency shall use the following procedures to add and delete information from licensee records the agency releases to the public per ORS 701.250: (1) If a credential holder wants approved or accredited training in OAR 812-011-0030 added to the licensee’s records, the credential holder shall send the following to the agency: (a) A written request that a credential holder’s approved or accredited training be included in the licensee’s records; (b) The licensee’s active Construction Contractors Board license number(s); and (c) A copy of a course completion certificate for an approved or accredited training by an organization listed in OAR 812-011-0030. (2) When the agency receives the information in section (1) of this rule, the agency will add the following to the licensee’s records that the agency releases per ORS 701.250: (a) Name of the approved or accredited training course or program; and (b) Contact information for the organization listed in OAR 812-011-0030 that provided the approved or accredited training. (3) The agency may state in records released to the public that the agency is not responsible for the quality of work of a credential holder who has successfully completed approved or accredited training in OAR 812-011-0030. 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
812-011-0070 Advertising A licensee who has successfully completed approved professional credentials in this division may include this information in the licensee’s advertising or in other information presented to the public regarding the qualifications of the licensee if the credentials are currently active. 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
812-012-0110 Terms of Written Contract (1) If a contractor is required to have a written contract under ORS 701.305, the written contract or attached addendum to the written contract must contain the following: (a) The contractor’s name, address, phone number and license number issued by the board as shown on board records. (b) An acknowledgment of a written offer of a warranty, if an offer is required by ORS 701.320, and indication of the acceptance or rejection of the offered warranty; (c) An explanation of the property owner’s rights under the contract, including, but not limited to, the ability to file a complaint with the board and the existence of any mediation or arbitration provision in the contract, set forth in a conspicuous manner as defined by the board by rule; (d) Customer’s name and address; (e) Address where the work is to be performed; (f) A description of the work to be performed; and (g) Price and payment terms. (2) The information described in section (1) of this rule must be legible and in dark ink. Statutory/Other Authority: ORS 670.310, 701.235, 701.305, 701.315, 701.320, 701.330 & 701.335 Statutes/Other Implemented: ORS 701.305, 701.330 & 701.335 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 7-2010, f. & cert. ef. 4-28-10 CCB 8-2009, f. 12-28-09, cert. ef. 1-1-10 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-012-0130 Delivery and Proof of Delivery of Consumer Notice (1) If a contractor is required to have a written contract under ORS 701.305, the consumer notices described in OAR 812-001-0200(1), (2) and (4) shall be delivered on or before the date the contract is entered into. (2) The contractor shall maintain proof of delivery of the Consumer Protection Notice, Notice of Procedure, and the notice required under ORS 87.093, if required, for a period of two years after the contract was entered into. Proof of delivery of the notices shall include, but not be limited to: (a) A signed copy of the notices; (b) An unambiguous phrase in the written contract that acknowledges receipt of the notices and that is initialed by the owner; or (c) Copies of the written contract, if the notices are fully contained in the written contract. Statutory/Other Authority: ORS 670.310, 701.235, 701.305 & 701.330 Statutes/Other Implemented: 701.305 & 701.330 History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08 CCB 4-2008(Temp), f. & cert. ef. 1-18-08 thru 7-15-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-012-0140 Requirements for Notice of Compliance with Homebuyer Protection Act (1) Under ORS 87.007(3), a seller of residential property must deliver a Notice of Compliance with Homebuyer Protection Act on or before the date the sale of the property closes to the purchaser of: (a) A new single family residence, condominium or residential building; or (b) An existing single-family residence, condominium or residential building where: (A) The price for original construction, including but not limited to an addition to the single family residence, condominium or residential building, that is completed within three months prior to the date of the sale of the property is $50,000 or more; or (B) The contract price for improvements to the single-family residence, condominium or residential building that are completed within three months prior to the date of the sale of the property is $50,000 or more. (2) The seller must deliver the notice required under ORS 87.007(3) on or before the close of the sale of the property. (3) The notice required under ORS 87.007(3) shall be on the form adopted under OAR 812-001-0200. (4) Under ORS 87.007(3), a seller of residential property may specify on the Notice of Compliance with Homebuyer Protection Act that 87.007(2) does not apply to the sale of the property if the seller knows that no person may enforce a valid lien against the property because: (a) The last day to perfect any lien on the property under ORS 87.035 was prior to the date of sale of the property; and (b) No lien was perfected. Statutory/Other Authority: ORS 87.007, 670.310 & 701.235 Statutes/Other Implemented: ORS 87, 87.007 & ch. 701 History: Renumbered from 812-001-0300, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08 Renumbered from 812-001-0022, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04 CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04 CCB 13-2003(Temp), f. 12-19-03, cert. ef. 1-1-04 thru 6-14-04
812-012-0145 Surety Bond Issued to Protect Purchasers of Residential Property from Lien Claims A seller of residential property may provide a surety bond to satisfy the requirements of ORS 87.007(2)(c), provided that the bond complies with the following requirements. (1) The bond must be issued by an insurer authorized or approved to do business in this state. (2) The bond must be issued on or after the date of completion of the residential property. For purposes of this rule, the “date of completion” shall be determined in accordance with ORS 87.045. (3) The bond must be issued in an amount of not less than 25 percent of the sales price of the residential property. (4) The bond shall remain in effect: (a) Not less than 75 days after the date of completion if no lien is perfected under ORS 87.035 against the residential property; or (b) If one or more liens are perfected against the residential property within 75 days from the date of completion, until: (A) All liens are released and the releases recorded; (B) The seller files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081; (C) The surety files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081; or (D) The surety pays the buyer the amount of the lien or the penal sum of the bond, whichever is less. (5) The bond shall include the following terms and conditions: “NOW, THEREFORE, the conditions of the foregoing obligation are that if the principal shall not permit any construction lien to be placed upon the subject property; shall obtain the release of all construction liens upon the subject property and have the releases recorded; or shall file a bond or deposit in accordance with ORS 87.076 to 87.081; then this obligation shall be void; otherwise to remain in full force and effect. “This bond is for the exclusive purpose of paying construction lien obligations encumbering (legal description or address of property) arising out of the sale by principal to (name(s) of purchaser(s)), in compliance with ORS 87.007(2)(c) and OAR 812-012-0145. “The bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims, which may arise hereunder, shall in no event exceed the penalty on this bond. “The bond shall remain in effect for not less than 75 days after the date of completion if no lien is perfected under ORS 87.035 against the property; or, if one or more liens are perfected against the property within 75 days from the date of completion, until (1) all liens are released and the releases recorded; (2) the principal files a bond or makes a deposit and the principal files the required affidavit under ORS 87.076 to 87.081; (3) the surety files a bond or makes a deposit and the surety files the required affidavit under 87.076 to 87.081; or (4) the surety pays the liens.” Statutory/Other Authority: ORS 87.007, 670.310 & 701.235 Statutes/Other Implemented: ORS 87.007 History: Renumbered from 812-001-0305, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08 Renumbered from 812-001-0023, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-2004, f. & cert. ef. 10-1-04
812-012-0150 Letter of Credit Issued to Protect Purchasers of Residential Property from Lien Claims (1) As used in this rule, “letter of credit” means an irrevocable standby letter of credit. (2) A seller of residential property may provide a letter of credit to satisfy the requirements of ORS 87.007(2)(c), provided that the letter of credit complies with the following requirements. (a) The letter of credit must be issued by or confirmed by an Oregon state-chartered bank or a federally chartered bank that has an Oregon branch. (b) The letter of credit must be issued on or after the date of completion of the residential property. For purposes of this rule, the “date of completion” shall be determined in accordance with ORS 87.045. (c) The letter of credit must be issued in an amount of not less than 25 percent of the sales price of the residential property. (d) The beneficiary of the letter of credit must be the purchaser of the property. (e) The letter of credit shall remain in effect: (A) Not less than 75 days after the date of completion if no lien is perfected under ORS 87.035 against the residential property; or (B) If one or more liens are perfected against the residential property within 75 days from the date of completion, until: (i) All liens are released and the releases recorded; (ii) The seller files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081; or (iii) The issuing or confirming bank pays the purchaser of the property the amount of the lien or the amount of the letter of credit, whichever is less in accordance with the terms of the letter of credit. (f) The letter of credit can be called by the purchaser of the property immediately if: (A) The seller of the property permits any construction lien to be placed upon the property; (B) The seller of the property fails to obtain the release of all construction liens upon the property and have the releases recorded; or (C) The seller of the property fails to file a bond or deposit and record the required affidavit under ORS 87.076 to 87.081. (g) The credit shall be available by presentation of the purchaser of the residential property at sight on the issuing, or confirming, bank when accompanied by a notice of lien filing together with the claim of lien, as provided by ORS 87.039. The credit shall be available within three business days of presentation. Statutory/Other Authority: ORS 87.007, 670.310 & 701.235 Statutes/Other Implemented: ORS 87.007 History: Renumbered from 812-001-0310, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08 Renumbered from 812-001-0024, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-2004, f. & cert. ef. 10-1-04
812-012-0170 Unpaid Court Judgments (1) A contractor against whom a court enters a judgment or order awarding arbitration must report that judgment or order to the Construction Contractors Board, if: (a) The judgment or order arises from: (A) Breach of contract; (B) Negligent work; or (C) Improper work. (b) The judgment or order relates to construction or proposed construction of a residential structure. (2) The contractor will transmit a copy of the final judgment or order to the Construction Contractors Board within 45 days after the final judgment or order is recorded. (3) The contractor will transmit the copy of the final judgment or order with a completed “Unpaid Court Judgment Filing” form described in OAR 812-001-0220. (4) The contractor is not required to send the Board a copy of the judgment or order, if: (a) The contractor paid the damages and other amounts payable under the judgment or order within 30 days from the date the judgment or order was recorded; or (b) The contractor appealed the judgment or order and has filed an undertaking on appeal as required by ORS 19.300. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.109 History: CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09
812-020-0050 Authority, Purpose, and Scope of Rules — Continuing Education for Commercial Contractors (1) Authority. These rules are promulgated in accordance with ORS 670.310(1) and 701.086, which authorize CCB to adopt rules to administer a continuing education system for commercial contractors. (2) Purpose. The purpose of these rules is to further explain and detail the requirements for continuing education under ORS 701.086. (3) Scope. These rules establish: (a) Procedures for commercial contractors to report continuing education hours; and (b) Sanctions for commercial contractors failing to comply. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0055 Definitions — Continuing Education for Commercial Contractors The following definitions apply to OAR 812-020-0050 to 812-020-0073: (1) “Building code” means a specialty code as defined in ORS 455.010(7). (2) “Commercial contractor” means a licensed contractor as defined under ORS 701.005(2). (3) “Inactive commercial contractor” means a commercial contractor that has voluntarily placed its license in inactive status in accordance with OAR 812-003-0330 to 812-003-0370 and has not converted the license back to active status in accordance with ORS 812-003-0380. (4) “Lapse in license” has the meaning given that term by OAR 812-002-0420. (5) “License period” means the two-year period from the date a contractor’s license is first issued or last renewed until the date the license is next scheduled to expire. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 9-2010(Temp), f. & cert. ef. 5-18-10 thru 11-12-10 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0060 Effective Date — Continuing Education for Commercial Contractors OAR 812-020-0050 to 812-020-0073 and the amendment to OAR 812-003-0280(2) take effect upon passage, and apply to commercial contractors that renew their licenses on and after July 1, 2010. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0062 Exemptions — Continuing Education for Commercial Contractors (1) Commercial contractors subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693 do not need to satisfy the continuing education requirements. These contractors include, but are not limited to: (a) Electrical contractors subject to regulation under ORS 479.510 to 479.945. (b) Plumbing contractors subject to regulation under ORS 447.040 and chapter 693. (c) Boiler contractor subject to regulation under ORS 480.510 to 480.670. (d) Elevator contractors subject to regulation under ORS 479.510 to 479.945. (e) Renewable energy contractors subject to regulation under ORS 479.510 to 479.945. (f) Pump installation contractors subject to regulation under ORS 479.510 to 479.945. (g) Limited sign contractors subject to regulation under ORS 479.510 to 479.945. (2) Commercial contractors endorsed only as commercial developers do not need to satisfy the continuing education requirements. (3) Contractors owned by or having an officer or an employee who is an electrician licensed under ORS 479.510 to 479.945 do not need to satisfy the continuing education requirement. (4) Contractors owned by or having an officer or an employee who is a plumber licensed under ORS chapter 693 do not need to satisfy the continuing education requirement. (5) Contractors owned by or having an officer or an employee who is an architect registered under ORS 671.010 to 671.020 do not need to satisfy the continuing education requirement. (6) Contractors owned by or having an officer or an employee who is a professional engineer licensed under ORS 672.002 to 672.325 do not need to satisfy the continuing education requirement. (7) Contractors licensed as landscape contracting businesses under ORS 671.510 to 671.760 do not need to satisfy the continuing education requirement. (8) If, during the two years immediately preceding the expiration date of the license, a commercial contractor 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. This exemption applies only if the commercial contractor is a: (a) Sole proprietor; (b) Sole owner of a corporation; or (c) Sole member of a limited liability company. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0065 Minimum Requirements — Continuing Education for Commercial Contractors (1) Commercial contractors shall have a key employee, or combination of key employees, who complete continuing education. (2) Education hours may be earned by attending offerings provided by any of the following: (a) Post-secondary institutions such as colleges or universities; (b) Trade schools; (c) Trade associations; (d) Professional societies; (e) Private companies; (f) Public agencies; (g) Business associations; or (h) Contractor-provided in-house training programs. (3) Courses shall be a minimum of one clock hour to qualify for one hour of continuing education credit. (4) Credit shall not be applied for the same key employee repeating the same continuing education course during a two-year period. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0070 Certification of Hours — Continuing Education for Commercial Contractors (1) Upon renewal, a commercial contractor must certify that one or more key employees obtained the continuing education required by OAR 812-020-0050 to 812-020-0073. (2) For a commercial general or specialty contractor – level 1 with five or more key employees, the commercial contractor must certify that one or more key employees completed at least 80 hours during the preceding license period. (3) For a commercial general or specialty contractor – level 1 with four or fewer key employees, the commercial contractor must certify as follows: (a) With four key employees, that one or more key employees completed at least 64 hours during the preceding license period. (b) With three key employees, that one or more key employees completed at least 48 hours during the preceding license period. (c) With two key employees, that one or more key employees completed at least 32 hours during the preceding license period. (d) With one key employee, that the key employee completed at least 16 hours during the preceding license period. (4) For a commercial general or specialty contractor – level 2, the commercial contractor must certify that one or more key employees completed at least 32 hours during the preceding license period. (5) If a contractor changes its endorsement during the license period or at the time of renewal, the contractor may elect to complete either residential continuing education or commercial continuing education for that license period. (6) For purposes of this rule, if a contractor is subject to the continuing education requirement, the number of key employees is the number of such persons employed by the commercial contractor as of the previous date of license issuance, reissuance or renewal as a commercial contractor. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 1-2010, f. & cert. ef. 2-1-10 CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0071 Hours Earned as Residential Contractor — Continuing Education for Commercial Contractors Notwithstanding OAR 812-022-0021(10), a commercial contractor also endorsed as a residential contractor may take credit for continuing education earned under ORS 701.082 and OAR division 22. Statutory/Other Authority: ORS 670.310, 701.086 & 701.235 Statutes/Other Implemented: ORS 701.082 & 701.086 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09
812-020-0072 Recordkeeping and Review — Continuing Education for Commercial Contractors (1) Every commercial contractor shall maintain records of its key employees’ participation in continuing education activities for a period no less than 24 months after the renewal date. (2) The agency may request any commercial contractor’s continuing education records for review. (3) If a commercial contractor cannot prove that the commercial contractor’s key employees completed the continuing education, the agency may suspend the license until the commercial contractor proves compliance or the commercial contractor’s key employees complete the missing courses. Statutory/Other Authority: ORS 670.310, 701.124 & 701.235 Statutes/Other Implemented: 701.124 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 21-2008, f. & cert. ef. 11-20-08