justicedao/ipfs_state_laws huggingface dataset:
812-006-0300 Pre-Licensure Testing Requirements (1) The test required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250. (2) A person seeking to take the test shall: (a) Pay any fees required by the test administrator; (b) Provide approved U.S. government-issued picture identification to the test administrator; (c) Pay for the authorized translator needed to take the test; and (d) Complete the test within a time limit approved by the agency. (3) A person taking the test shall be allowed to use an Oregon Contractor’s Reference Manual and one language translation book during the test. (4) Except as permitted under OAR 812-006-0164, a person taking the test shall not: (a) Retake the same version of the test on consecutive attempts. (b) Be accompanied by anyone while taking the test, except an authorized translator. (5) Except as permitted under OAR 812-006-0164, after the test is completed, a person shall not review the test questions or answers. (6) There are no reciprocal agreements with other states or organizations that test contractors. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 3-2018, amend filed 06/29/2018, effective 07/01/2018 CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 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 2-2007, f. & cert. ef. 3-1-07 Renumbered from 812-006-0012, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06 CCB 7-2006, f. & cert. ef. 6-23-06 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 7-2003, f. & cert. ef. 8-8-03 CCB 2-2003, f. & cert. ef. 3-4-03 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 Reverted to CCB 9-2000, f. & cert. ef. 8-24-00 CCB 4-2001(Temp), f. & cert. ef. 5-18-01 thru 11-13-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 1-1998, f. & cert. ef. 2-6-98 CCB 2-1995, f. 6-6-95, cert. ef. 6-15-95 CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 4-1993, f. 8-17-93, cert. ef. 8-18-93 CCB 3-1993, f. & cert. ef. 6-9-93 CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92 CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92
812-006-0310 Pre-Licensure Testing Based on NASCLA Accredited Examination for Commercial General Building Contractors (1) An RMI may satisfy the pre-licensure requirements by passing the NASCLA Accredited Examination for Commercial General Building Contractors and the Oregon pre-licensure test developed by the CCB. (2) Proof of passing the NASCLA Accredited Examination for Commercial General Building Contractors is established when the name of the RMI is entered in the NASCLA National Examination Database (NED). (3) Passing the NASCLA Accredited Examination for Commercial General Contractors and the Oregon pre-licensure test qualifies as pre-licensure testing under ORS 701.122, regardless of when the tests were taken and passed. Statutory/Other Authority: ORS 670.310, 701.122 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16
812-006-0350 Pre-Licensure Testing Subversion (1) Testing subversion is the use of any means to alter the results of a test to cause the results to inaccurately represent the competency of an examinee. Testing subversion includes, but is not limited to: (a) Communication between examinees inside the testing room; (b) Giving or receiving any unauthorized assistance on the test while the test is in process; (c) Having any printed or written matter or other devices in the examinee’s possession during the test except: (A) The Oregon Construction Contractor’s Reference Manual; and (B) One language translation book. (d) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to secured test questions or other secured examination material prior to, during or after the administration of the examination; (e) Copying another examinee’s answers or looking at another examinee’s materials while a test is in process; (f) Permitting anyone to copy answers to the test; (g) Copying or removing any test questions from the testing area; (h) Allowing another person to take the test in the examinee’s place; (i) Writing notes or questions in the Oregon Construction Contractor’s Reference Manual or language translation book during the test; or (j) Leaving the room during the test. (2) At the discretion of the agency or its designees, if there is evidence of testing subversion by an examinee prior to, during, or after the administration of the test, one or more of the following may occur: (a) The examinee may be denied the privilege of taking the test if testing subversion is detected before the administration of the test; (b) If the testing subversion detected has not yet compromised the integrity of the test, such steps as are necessary to prevent further testing subversion shall be taken, and the examinee may be permitted to continue with the test; (c) The examinee may be requested to leave the testing facility if testing subversion is detected during the test. If the examinee does not leave the facility, the examinee will be deemed a trespasser; (d) The examinee’s test results may be invalidated and the application fee forfeited; or (e) The examinee may not be allowed to sit for an examination for up to one year. (3) If testing subversion is detected after the administration of the test, the agency or its designee shall make appropriate inquiry to determine the facts concerning the testing subversion and the agency or its designee may take any of the actions described in this rule. Statutory/Other Authority: ORS 670.310, 701.122 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 Renumbered from 812-006-0015, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06 CCB 7-2006, f. & cert. ef. 6-23-06 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
812-006-0400 Pre-Licensure Training and Testing Period (1) The pre-licensure training and testing required under ORS 701.122 (1) and (3) will be valid for 24 months from the date the responsible managing individual passed the test. (2) Section (1) of this rule does not apply to an RMI that meets the experience requirements under OAR 812-006-0450. (3) Section (1) of this rule does not apply to an RMI that meets the training and testing requirements of OAR 812-006-0160 and 812-006-0310. (4) Pre-license training and testing pursuant to OAR 812-006-0164 will be valid for 24 months from the date the Responsible Managing Individual (RMI) successfully completes and passes the entire Contractor Pre-License Business, Law, and Project Management Training Insitutue course developed by an Oregon community college Small Business Development Center , under an Intergovernmental Agreement pursuant to OAR 812-006-0164. Statutory/Other Authority: ORS 670.310, 701.122 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 3-2018, amend filed 06/29/2018, effective 07/01/2018 CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 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 2-2007, f. & cert. ef. 3-1-07 CCB 11-2006(Temp), f. & cert. ef. 11-6-06 thru 5-4-07 CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06
812-006-0450 Pre-Licensure Experience (1) An individual may qualify as a responsible managing individual by experience under ORS 701.005(16)(c)(B) as follows: (a) The individual must be listed on the agency’s license records before July 1, 2000, as having been a sole proprietor, partner, venturer, member, corporate officer, trustee, or responsible managing individual of a business licensed under ORS chapter 701 before July 1, 2000; and (b) The license of the business described in section (1) of this rule has not lapsed, or if lapsed, has lapsed for not more than the 24 month period prior to the date of the application; or (A) If the individual is listed on multiple license records as a sole proprietor, partner, venturer, member, corporate officer, trustee or responsible managing individual, the licensed business with which the individual is currently associated must not have lapsed for more than the 24-month period prior to the date of the application; and (B) The individual must have been similarly and continuously associated with one or more licensed contractors during the time period beginning before July 1, 2000, until the date of the application. (c) The individual must have been listed as a sole proprietor, partner, venturer, member, corporate officer, trustee, or responsible managing individual of the business described in subsection (a) or (b) of this rule within the 24 month period prior to date of the application. (2) An individual may qualify as a responsible managing individual by experience under ORS 701.005(16)(c)(B) if the individual has the experience required by Section 2, Oregon Laws 2018, chapter 46, and has passed the test required by ORS 701.122. Statutory/Other Authority: ORS 670.310, 701.122, 701.235 & OR Laws 2018, Ch 46, Secs 1,2 Statutes/Other Implemented: ORS 701.005, 701.122 & OR Laws 2018, Ch 46, Secs 1,2 History: CCB 4-2018, amend filed 08/23/2018, effective 01/01/2019 CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08 CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07 Renumbered from 812-006-0020, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 Reverted to CCB 9-2000, f. & cert. ef. 8-24-00 CCB 4-2001(Temp), f. & cert. ef. 5-18-01 thru 11-13-01 CCB 9-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-2000, f. & cert. ef. 5-2-00 CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 1-1998, f. & cert. ef. 2-6-98 CCB 2-1995, f. 6-6-95, cert. ef. 6-15-95 CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 4-1993, f. 8-17-93, cert. ef. 8-18-93 CCB 3-1993, f. & cert. ef. 6-9-93 CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92 CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92
812-007-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.505 to 701.520 and 701.995. (2) Purpose. These rules establish a system to license contractors as lead-based paint (LBP) activities contractors and as certified LBP renovation contractors. (3) Scope. These rules: (a) Prescribe the requirements for, and the manner of, licensing applicants. (b) Establish fees. (c) Prescribe actions that constitute failure to achieve or maintain licensing requirements, or that otherwise are contrary to the public interest, for which the board may deny, suspend or revoke a license. 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 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 2-2010, f. & cert. ef. 2-1-10 CCB 13-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 1-1997, f. & cert. ef. 5-15-97 CCB 6-1996(Temp), f. & cert. ef. 11-26-96
812-007-0015 Federal Regulations Adopted by Reference (1) Except as indicated herein, the board adopts, by reference, 40 CFR 745, Subpart D (Lead-Based Paint Hazards), Subpart E, (Residential Property Renovation) and Subpart L (Lead-Based Paint Activities). (2) The board does not adopt the following regulations: (a) 40 CFR § 745.87 (Enforcement and inspections); (b) 40 CFR §745.91 (Suspending, revoking, or modifying an individual’s or firm’s certification); (c) 40 CFR §745.225 (Accreditation of training programs); (d) 40 CFR §745.226 (Certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities); (e) 40 CFR §745.235 (Enforcement); (f) 40 CFR §745.237 (Inspections); (g) 40 CFR §745.238 (Fees for accreditation and certification of lead-based paint activities); (h) 40 CFR §745.239 (Effective dates). (3) Notwithstanding 40 CFR 745: (a) All fees are as established in OAR 812-007-0031, 812-007-0160, 812-007-0260 and 812-007-0360. (b) All license issuance, denial, renewal, reissuance, suspension, and revocation are as established in OAR 812, division 7. (c) Where “Administrator” or “EPA” appears in 40 CFR 745, Subparts D, E and L, “Construction Contractors Board” or “board” is substituted, unless the context suggests otherwise. 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
812-007-0020 Definitions The following definitions apply to division 7 of OAR chapter 812. (1) “Abatement” 40 CFR 745.223. (2) “Accredited training program” means a training program provisionally accredited or accredited by the OHA, the Environmental Protection Agency (EPA) or an EPA-authorized state or tribal program. (3) “Certified lead-based paint renovation contractor” means a construction contractor that is licensed by the board to conduct LBP renovation under ORS 701.515. (4) “Certified renovator” 40 CFR 745.83. (5) “Child-occupied facility” 40 CFR 745.83, 745.223. (6) “Component or building component” 40 CFR 745.83, 745.223. (7) “Course completion certificate” means documentation issued by an accredited training program to an individual as proof of successful completion of an accredited renovator training program (initial or refresher). (8) “Deteriorated lead-based paint” 40 CFR 745.223. (9) “Dust-lead hazard” 40 CFR 745.65. (10) “Emergency renovation operations” 40 CFR 745.80. (11) “Inspection” 40 CFR 745.223. (12) “Lead abatement contractor” means a construction contractor that is licensed by the board to perform abatement. (13) “Lead assessor” or “risk assessor” 40 CFR 745.223. (14) “Lead-based paint” or “LBP” 40 CFR 745.223. (15) “Lead-based paint activities” 40 CFR 745.223. (16) “Lead inspection contractor” means a construction contractor that is licensed by the board to perform inspections or risk assessments. (17) “Lead inspector” 40 CFR 745.223. (18) “Lead supervisor” 40 CFR 745.223. (19) “Lead worker” or “lead abatement worker” 40 CFR 745.223. (20) “Minor repair and maintenance” 40 CFR 745.83. (21) “Prohibited or restricted work activities” 40 CFR 745.85(a)(3). (22) “Recognized test kit” 40 CFR 745.83. (23) “Renovation” 40 CFR 745.83. (24) “Renovation Right Pamphlet” 40 CFR 745.83. (25) “Risk assessment” 40 CFR 745.223. (26) “Soil lead hazard” 40 CFR 745.65. (27) “Target housing” 40 CFR 745.223. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.505–701.520 History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12 CCB 3-2012, f. & cert. ef. 3-2-12 CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 10-2010(Temp), f. & cert. ef. 6-1-10 thru 9-3-10 CCB 5-2010(Temp), f. & cert. ef. 3-11-10 thru 9-3-10 CCB 2-2010, f. & cert. ef. 2-1-10 CCB 13-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 4-1997, f. & cert. ef. 11-3-97 CCB 1-1997, f. & cert. ef. 5-15-97 CCB 6-1996(Temp), f. & cert. ef. 11-26-96
812-007-0025 Construction Contractors Board Lead-Based Paint Activities Fund (1) Civil penalties imposed under ORS 701.995 will be deposited to the Construction Contractors Board LBP Activities Fund. (2) The board will use the monies in the Construction Contractors Board LBP Activities Fund for lead poisoning prevention, including consumer and industry outreach, public education, and enforcement activities. Statutory/Other Authority: ORS 670.310, 701.235 & 701.515 Statutes/Other Implemented: ORS 701.515, 701.520 & 701.995 History: CCB 2-2010, f. & cert. ef. 2-1-10
812-007-0031 License Cards (1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under OAR 812-007-0120, 812-007-0130, 812-007-0220, 812-007-0230, 812-007-0320 or 812-007-0330. (2) A license and pocket card is valid for the term for which it is issued. (3) If a license becomes invalid, the agency may require the return of the license and pocket card. (4) There is no charge for the original license and pocket card issued by the agency. (5) There is a $10 fee to replace a license 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
812-007-0032 Mailing and E-mail Address Changes (1) Individuals licensed to engage in LBP activities, contractors licensed to engage in LBP activities and certified LBP renovation contractors shall notify the board of any change in mailing or e-mail addresses while licensed and for one year following the license 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 & 701.515 History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-007-0100 Licenses Required for Lead-Based Paint Activities — Individuals No individual shall offer to perform or perform LBP activities in target housing or child-occupied facilities without first receiving certification from OHA and a license from the board, unless such individual is exempt from the board’s licensing requirements. The following are individuals that perform LBP activities: (1) Lead assessor; (2) Lead inspector; (3) Lead supervisor; (4) Lead worker. 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
812-007-0110 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Individuals (1) An individual applying for a license as a lead assessor must submit the following: (a) Completed application on a form provided by the board; (b) The fee established in OAR 812-007-0160; and (c) Proof that OHA certified the individual as a certified risk assessor. (d) Copy of OHA photo identification badge. (2) An individual applying for a license as a lead inspector must submit the following: (a) Completed application on a form provided by the board; (b) The fee established in OAR 812-007-0160; and (c) Proof that OHA certified the individual as a certified inspector. (d) Copy of OHA photo identification badge. (3) An individual applying for a license as a lead supervisor must submit the following: (a) Completed application on a form provided by the board; (b) The fee established in OAR 812-007-0160; and (c) Proof that OHA certified the individual as a certified supervisor. (d) Copy of OHA photo identification badge. (4) An individual applying for a license as a lead worker must submit the following: (a) Completed application on a form provided by the board; (b) The fee established in OAR 812-007-0160; and (c) Proof that OHA certified the individual as a certified abatement worker. (d) Copy of OHA photo identification badge. 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
812-007-0115 Temporary Authorization for Military Spouse – Lead Based Paint (LBP) Activities (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 lead assessor, lead inspector, lead supervisor or lead worker 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 812-007-0110. (3) The applicant must hold a current authorization in another state as a lead assessor, lead inspector, lead supervisor or lead worker, corresponding to the temporary authorization applied for under this section. (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 have completed the required training and hold a certification issued by a state in which the EPA has authorized a LBP program. (6) The applicant shall pay the license application fee as provided in OAR 812-007-0160. (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
812-007-0120 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Individuals (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 812-007-0160. (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 2-2010, f. & cert. ef. 2-1-10
812-007-0130 Renewal of Lead-Based Paint Activity Licenses — Individuals Individuals 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) The fee established in OAR 812-007-0160; and (3) Proof that the individual 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
812-007-0150 Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses — Individuals (1) The board may deny, suspend, or revoke an individual’s license on the following grounds: (a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training, professional registration, or experience; (b) Gaining admission to or completing continuing education by misrepresenting initial or previous education; (c) Obtaining a license through invalid documentation; (d) Permitting the duplication or use of the license by another; (e) Failing to comply with applicable work practice standards in 40 CFR 745.227; or (f) Being subject to a final administrative order or criminal conviction based on engaging in a prohibited act under rules of OHA or the board. (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 701.515 History: 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