justicedao/ipfs_state_laws huggingface dataset:
806-010-0060 Inactive Status and Reinstatement (1) Unless renewed according to OAR 806-010-0090, an individual architect’s certificate of registration becomes inactive on the 61st day following the renewal deadline. An inactive Oregon certificate of registration prohibits an individual from: (a) Practicing architecture in Oregon, as defined by ORS 671.010-671.220 and OAR chapter 806; or (b) Using the architect title in Oregon, as defined by ORS 671.010-671.220 and OAR chapter 806. (2) An individual whose certificate of registration has been inactive for a period of five years or less may be reinstated to active status by: (a) Submitting a complete Individual Reinstatement Application; (b) Submitting proof of satisfying the continuing education requirements of OAR 806-010-0145; and (c) Paying the required fees under OAR 806-010-0105. (3) An individual architect whose certificate of registration has been inactive for a period of longer than five years must reapply for registration under OAR-806-010-0020 or OAR-806-010-0035. (4) Unless renewed according to OAR 806-010-0090, an architectural firm’s certificate of registration becomes inactive on the 61st day following the renewal deadline. (5) An architectural firm’s certificate of registration that has been inactive for a period of five years or less may be reinstated to active status by: (a) Submitting a complete Firm Reinstatement Application; (b) Paying the required fees under OAR 806-010-0105; and (c) Providing a Certificate of Existence issued by the Oregon Secretary of State that meets the requirements listed in OAR 806-010-0080. (6) An architectural firm’s certificate of registration that has been inactive for a period of longer than five years must reapply for registration under OAR-806-010-0080. Statutory/Other Authority: ORS 670.310, 671.080 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023) History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 3-2014, f. & cert. ef. 5-22-14 BAE 2-2012, f. & cert. ef. 8-13-12 BAE 2-2010, f. 6-11-10, cert. ef. 10-3-10 BAE 1-2010, f. & cert. ef. 4-6-10 BAE 7-2006, f. & cert. ef. 12-13-06 BAE 2-2004, f. & cert. ef. 3-2-04 BAE 4-2002, f. & cert. ef. 8-7-02 BAE 3-2000, f. & cert. ef. 7-24-00 BAE 1-1999, f. & cert. ef. 3-25-99 AE 2-1997, f. & cert. ef. 9-24-97 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1987, f. & ef. 3-30-87 AE 2-1980, f. & ef. 10-3-80 AE 1-1979, f. 5-31-79, ef. 6-1-79 AE 2-1978, f. & ef. 3-6-78 AE 5, f. 12-22-64
806-010-0075 The Practice of Architecture (1) The "Practice of Architecture" is defined in ORS 671.010 and relates to the professional activities of the registered architect. These activities include all analysis, calculations, research, graphic presentation, literary expression, and advice related to the preparation of documents for the design and construction of buildings, structures, and their related environment whether interior or exterior. (2) The permission granted in ORS 671.065(2) that permits an architect who is not registered in Oregon to offer to render services does not allow that non-registered architect to engage in the Practice of Architecture. Statutory/Other Authority: ORS 670, 671, 670.310 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 6-2014, f. & cert. ef. 7-24-14 BAE 5-2006, f. & cert. ef. 9-5-06 BAE 2-2006(Temp), f. 3-14-06, cert. ef. 3-15-06 thru 9-8-06 BAE 1-2006, f. & cert. ef. 3-10-06 BAE 4-2005, f. 8-29-05, cert. ef. 8-30-05 AE 1-1984, f. & ef. 8-22-84 AE 1-1979, f. 5-31-79, ef. 6-1-79 AE 5, f. 12-22-64
806-010-0078 Construction Contractor Offering Architectural Services (1) For purposes of this rule, the following definitions apply: (a) "Offering services" means manifesting a willingness to provide architectural services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement. (b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate. (2) The architect and architectural firm registration requirements under ORS 671.010 to 671.220 do not prevent a construction contractor from offering services constituting the practice of architecture if the construction contractor meets all the following conditions: (a) The construction contractor holds an active contractors’ license under ORS Chapter 701; (b) The services offered by the construction contractor, constituting the practice of architecture, are appurtenant to construction services to be provided by the construction contractor; (c) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and (d) The offer by the construction contractor identifies in writing the architect or architectural firm that will perform the services constituting the practice of architecture. (3) For the purposes of meeting the requirements of OAR 806-010-0075(2), the primary contract or agreement to provide architectural services for such an architectural project may be between the construction contractor and the architect or architectural firm providing architectural services. (4) An architect performing or identified as an architect that will perform the services constituting the practice of architecture as provided in subsection (2) of this rule must notify the Board, in writing, within 30 days if, after the construction contractor is retained by the owner, the architect ceases to provide the architectural services identified in the offer by the construction contractor. (5) Construction contractors that offer or provide services in violation of any portion of this rule may be subject, under ORS 671.220, to sanctions and civil penalties of up to $5,000 per violation. Statutory/Other Authority: ORS 670.310, 671.020, 671.030, 671.100, 671.125, 671.220 & 671.990 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 4-2005, f. 8-29-05, cert. ef. 8-30-05 BAE 6-2002, f. 8-14-02 cert. ef. 8-15-02
806-010-0090 Renewal of Registration (1) The renewal deadline for an architect certificate of registration ending in an odd-number is December 31 of odd-numbered years. The renewal deadline for an architect certificate of registration ending in an even-number is December 31 of even-numbered years. (a) A registration renewal is considered late if the registrant has not completed the requirements for renewal by the renewal deadline. (b) Continuing education is considered late if the registrant has not completed the continuing education requirements specified under OAR 806-010-0145 by the renewal deadline. (2) To renew an architect certificate of registration, the registrant must: (a) Submit a renewal form complete with all the information required by the Board via the Board’s website at www.oregon.gov/osbae; (b) Pay all required renewal fees specified under OAR 806-010-0105, including any applicable late fees; and (c) Certify that the requirements for continuing education under OAR 806-010-0145 have been met. (3) If not renewed, the certificate of registration is inactive on the 61st day following the renewal deadline and the individual architect may not practice architecture in Oregon. (4) The renewal deadline for an architectural firm’s certificate of registration is January 31 of each year. A firm’s registration renewal is considered late if the registrant has not completed the requirements for renewal by the renewal deadline. (5) To renew an architectural firm’s certificate of registration, the architectural firm representative must: (a) Submit a renewal form complete with all information required by the Board via the Board’s website at www.oregon.gov/osbae; and (b) Pay the architectural firm renewal fee specified under OAR 806-010-0105 including any applicable late fees. (6) If not renewed, the certificate of registration is inactive on the 61st day following the renewal deadline and the architectural firm may not provide architectural services in Oregon. Statutory/Other Authority: ORS 670, 670.310, 671.080 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023) History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 5-2012, f. 12-19-12, cert. ef. 12-31-12 BAE 3-2012, f. & cert. ef. 8-13-12 BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08 BAE 1-2003, f. & cert. ef. 1-15-03 BAE 4-2002, f. & cert. ef. 8-7-02 AE 3-1992, f. & cert. ef. 6-30-92 AE 1-1979, f. 5-31-79, ef. 6-1-79 AE 21, f. & ef. 12-20-77 AE 18(Temp), f. 10-4-77
806-010-0095 Filing and Maintenance of Current Contact Information (1) Each applicant, architect, or architectural firm must provide current contact information to the Board to include the following: (a) A work and a home address with a designation of the preferred mailing address (architectural firms are not required to submit a home address); (b) Telephone number; (c) Current email address; (d) The name of the architectural firm’s representative through which the Board may correspond as specified under OAR 806-010-0080(8)(c); (e) Current email address of the architectural firm representative; (f) The names and addresses of all Oregon registered architects with responsible control of the provision of architectural services by the firm in Oregon; and (g) Any other information required by the Board. (2) Each applicant, registered architect, candidate, architectural firm, and holders of the title of “Architect Emeritus", "Architect Emerita", or "Architect Emerit" must maintain contact information by notifying the Board in writing of changes to all contact information required under subsection (1) of this rule within 60 days of such a change. (3) The records associated with the Board are subject to the provisions of Oregon Public Records Law. Statutory/Other Authority: ORS 670.310, 671.041, 671.050, 671.080 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 1-2024, amend filed 07/01/2024, effective 07/22/2024 BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2023, amend filed 08/21/2023, effective 10/02/2023 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 1-2009, f. & cert. ef. 2-5-09 BAE 9-2002, f. & cert. ef. 12-12-02 AE 1-1987, f. & ef. 3-30-87 AE 1-1981, f. & ef. 3-5-81
806-010-0105 Fee Schedule (1) Individual Registration by Examination: (a) Application — $75 (b) Registration — $100 (2) Individual Registration by Reciprocity: (a) Application — $100 (b) Registration — $200 (3) Individual Renewal: (a) Two Year Renewal — $240 (b) Late Renewal — $150 (c) Late Continuing Education — $240 (4) Individual Reinstatement: (a) Application — $100 (b) Registration — $400 (5) Architectural Firm Registration: (a) Application — $100 (b) Registration — $200 (6) Architectural Firm Renewal: (a) One Year Renewal — $200 (b) Late Renewal — $150 (7) Architectural Firm Reinstatement: (a) Application — $100 (b) Registration — $400 (8) Miscellaneous: (a) Duplicate Certificate of Registration or Decorative Wall Certificate — $25 (b) Copying Charges — $0.25 per page (c) Certified Verification of Registration — $10 Statutory/Other Authority: ORS 670.310, 671.085 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2022, amend filed 04/21/2022, effective 07/01/2022 BAE 3-2021, amend filed 04/20/2021, effective 07/01/2021 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 1-2014, f. & cert. ef. 4-24-14 BAE 1-2013, f. & cert. ef. 2-12-13 BAE 3-2012, f. & cert. ef. 8-13-12 BAE 3-2011, f. & cert. ef. 7-22-11 BAE 3-2010, f. & cert. ef. 12-14-10 BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08 BAE 1-2003, f. & cert. ef. 1-15-03 BAE 4-2002, f. & cert. ef. 8-7-02 BAE 2-2002, f. & cert. ef. 4-30-02 BAE 5-2001, f. & cert. ef. 10-24-01 BAE 2-1998, f. & cert. ef. 6-22-98 AE 2-1997, f. & cert. ef. 9-24-97 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 4-1992, f. & cert. ef. 9-2-92 AE 2-1988, f. & cert. ef. 9-9-88 AE 1-1988, f. & cert. ef. 3-14-88 AE 1-1986, f. 11-12-86, ef. 11-13-86 AE 2-1984, f. & ef. 10-23-84 AE 3-1983, f. 1-12-83, ef. 3-1-83
806-010-0115 Construction Document Modification Modifications to technical submissions for buildings/structures are an integral part of the practice of architecture; and as such, modifications which become part of change orders and/or addenda to alter those documents must bear the stamp and signature, as required, of the registered architect responsible for the modifications. Statutory/Other Authority: ORS 670.310, 671.020 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-1998, f. & cert. ef. 6-22-98 AE 1-1984, f. & ef. 8-22-84
806-010-0130 Architect Emeritus, Emerita, or Emerit (1) The title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" is an inactive status. The individual granted approval by the Board to use the title is not eligible to practice architecture in Oregon and may not use the title of “Architect.” (2) There are no fees for Architect Emeritus, Emerita, or Emerit status. (3) Prior to using the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" the individual architect must receive written approval of the Board by: (a) Submitting a complete Architect Emeritus, Emerita, or Emerit Application form and meeting the following requirements: (b) Have practiced architecture in a recognized jurisdiction for a minimum of 20 years; and (c) Have been an Oregon resident during the architect's active architectural practice and held an Oregon certificate of registration as an individual architect for a minimum of 10 consecutive years. (4) Upon successful completion of all requirements for the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" the individual will be issued a certificate according to OAR 806-010-0040. (5) In order to be eligible to practice architecture in Oregon, the individual granted the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" must comply with the reinstatement requirements under OAR 806-010-0060. (6) The Board reserves the right to review and approve special requests for the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit." (7) If an application is not deemed complete within 12 months of the date of the original application, the applicant must apply again as a new applicant. Statutory/Other Authority: ORS 670.310, 671.085 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 2-2023, amend filed 08/21/2023, effective 10/02/2023 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 4-2014, f. & cert. ef. 7-24-14 BAE 4-2002, f. & cert. ef. 8-7-02 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1992, f. 1-9-92, cert. ef. 1-10-92
806-020-0010 Truthful Statements to the Board A registered architect or architectural firm shall be truthful in statements or written responses to the Board or its representatives on matters pertaining to professional conduct. The signature of an architect or architectural firm in all matters relating to Professional Conduct certifies to the best of the architect or architectural firm’s knowledge, information, and/or belief that the information furnished is true and that no information has been withheld. Statutory/Other Authority: ORS 670.310, 671.090 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 6-2006, f. & cert. ef. 11-9-06 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1983, f. & ef. 1-12-83
806-020-0020 Responsibility to the Public (1) The architect or architectural firm shall always recognize the primary obligation is to protect the health, safety, and welfare of the public in the practice of architecture. If, in the architect's or architectural firm’s professional judgment, health, safety, and welfare may be endangered, the employer or client shall be so informed. The architect or architectural firm shall also notify involved building official(s) and the Board. (2) An architect or architectural firm shall use a written contract when contracting to provide professional services to a client. That written contract is to be executed by the architect or architectural firm and the client, or his or her representative, prior to the architect or architectural firm commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract is to include, but not be limited to, all the following items: (a) A description of services to be provided by the architect or architectural firm to the client. (b) A description of any basis of compensation applicable to the contract and method of payment agreed upon by both parties. (c) The name, address, and registration number of the architect or architectural firm and the name and address of the client. (3) 806-020-0020(2) shall not apply to any of the following: (a) Professional services rendered by an architect or architectural firm for which the client will not pay compensation. (b) If the client knowingly states in writing, after full disclosure of the requirements of this section, that a contract that complies with these requirements is not necessary. (c) Professional services rendered by an architect or architectural firm to a professional engineer registered to practice engineering. Statutory/Other Authority: ORS 670.310, 671.050, 671.090, 671.100 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 BAE 6-2005, f. & cert. ef. 12-13-05 BAE 7-2001, f. & cert. ef. 10-24-01 BAE 1-1999, f. & cert. ef. 3-25-99 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1983, f. & ef. 1-12-83
806-020-0030 Competence (1) In practicing architecture or providing architectural services, an architect or architectural firm shall act with reasonable care and competence and shall apply the technical knowledge and skill which is applied by architects and architectural firms of good standing, practicing in the same locality under similar circumstances. (2) An architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved. (3) An architect or architectural firm shall consider all applicable building codes, laws, and regulations. An architect or architectural firm shall not knowingly prepare or sign and stamp technical submissions which are in violation of the codes, laws, or regulations. Statutory/Other Authority: ORS 670.310, 671.090, 671.100 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1983, f. & ef. 1-12-83
806-020-0040 Conflict of Interest (1) An architect or architectural firm shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties. (2) If an architect or architectural firm has any business association or direct or indirect financial interest which is substantial enough to influence personal judgment in connection with performance of professional services, the architect or architectural firm shall fully disclose in writing to the client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the architect or architectural firm shall either terminate such association or interest or offer to give up the commission or employment. (3) An architect or architectural firm shall not solicit or accept compensation from material or equipment suppliers for specifying or endorsing their products in connection with a project. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education. Statutory/Other Authority: ORS 670.310, 671.090, 671.100 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 AE 1-1996, f. 1-23-96, cert. ef. 2-1-96 AE 1-1983, f. & ef. 1-12-83
806-020-0085 Incompetency Under the provisions of ORS 671.090, an architect is incompetent in the practice of architecture if the architect has: (1) Been adjudicated mentally incompetent by a court; (2) Engaged in conduct which evidenced a lack of ability or fitness to discharge the duty and responsibility owed by the individual architect or architectural firm to a client or to the general public; or (3) Engaged in conduct which evidenced a lack of knowledge of, or an inability to apply, the principles or skills of the architectural profession. Statutory/Other Authority: ORS 670.310, 671, 671.090 & 671.125 Statutes/Other Implemented: ORS 671.010 – 671.220 History: BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024 BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019 AE 1-1983, f. & ef. 1-12-83
808-001-0000 Notice Except as provided in OAR 808-001-0002, before adoption, amendment, or repeal of any permanent rule, the State Landscape Contractors Board shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; (2) By furnishing to persons on the State Landscape Contractors Board notice list established pursuant to ORS 183.335(8) notice of the intended rulemaking action at least 28 days before the effective date of the intended rulemaking action; (3) By furnishing a copy of the notice of the intended rulemaking action to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the intended rulemaking action; and (4) By furnishing a copy of the notice of the intended rulemaking action to the Associated Press. Statutory/Other Authority: ORS 183.310 - 183.545, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.341 History: LCB 2-2022, amend filed 03/30/2022, effective 04/01/2022 LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03 LSCB 1-1995, f. & cert. ef. 2-2-95 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1, f. & ef. 5-17-76
808-001-0002 Temporary Rule The State Landscape Contractors Board Administrator may adopt, amend, or suspend a rule as provided in ORS 183.335. Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 183.335 History: LSCB 2-1997, f. & cert. ef. 11-3-97 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-001-0005 Model Rules The Landscape Contractors Board adopts the most current version of the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act, with the following exceptions: OAR137-005-0050, 137-005-0060, and 137-005-0070. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Landscape Contractors Board.] Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 183.341 & 279 History: LCB 3-2016, f. & cert. ef. 5-23-16 LCB 3-2012, f. 5-30-12, cert. ef. 6-1-12 LCB 5-2008, f. & cert. ef. 4-25-08 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 2-1999, f. & cert. ef. 5-4-99 LSCB 1-1996, f. & cert. ef. 6-18-96 LSCB 1-1995, f. & cert. ef. 2-2-95 LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92 LCB 1-1991, f. & cert. ef. 7-22-91 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 3, f. & ef. 2-7-77 LC 2, f. & ef. 5-18-76