justicedao/ipfs_state_laws huggingface dataset:
812-020-0083 Inactive Status During the License Period or Upon Renewal — Continuing Education for Commercial Contractors (1) If a contractor is inactive at the time of renewal and seeks to renew in active status, the contractor must complete all commercial continuing education required under OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the inactive period. (2) If a contractor is inactive at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete commercial continuing education required under OAR 812-020-0065 and 812-020-0070. (3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete the commercial continuing education requirements under OAR 812-020-0065 and 812-020-0070. (4) Notwithstanding section (3), if an inactive contractor renews to inactive status and seeks to change to active status during the two-year licensing period, the contractor must complete commercial continuing education required in OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the inactive period. (5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal. Statutory/Other Authority: ORS 670.310, 701.086 & 701.235 Statutes/Other Implemented: ORS 701.086 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17
812-020-0085 Lapse in License — Continuing Education for Commercial Contractors If a license lapses and a contractor applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the contractor must satisfy the commercial continuing education requirements of OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the lapse period. Statutory/Other Authority: ORS 670.310, 701.086 & 701.235 Statutes/Other Implemented: ORS 701.086 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 21-2008, f. & cert. ef. 11-20-08
812-020-0087 Courses Completed by Key Employees — Continuing Education for Commercial Contractors A commercial contractor may certify continuing education hours based upon courses completed by its key employees; provided that a key employee was employed by the commercial contractor when he or she completed a course. If a commercial contractor employs a key employee who completed continuing education course(s) before being hired by the commercial contractor, the commercial contractor may not include those hours to certify that it satisfied the continuing education requirement. 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
812-020-0090 Key Employee of More than One Commercial Contractor — Continuing Education for Commercial Contractors If a key employee who completes a continuing education course is employed by more than one commercial contractor when the course is completed, each commercial contractor may include those hours to certify that it satisfied the continuing education requirement. 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 17-2010, f. 12-22-10, cert. ef. 1-1-11 CCB 21-2008, f. & cert. ef. 11-20-08
812-022-0000 Authority, Purpose, Scope, Applicable Dates — Continuing Education for Residential Contractors (SB 783) (1) Authority. These rules are promulgated in accordance with ORS 701.082, which requires CCB to establish a residential continuing education system for licensed residential contractors, other than developers. (2) Purpose. The purpose of these rules is to create a residential continuing education system. The Board shall adopt minimum standards for: (a) Approving providers of residential continuing education; (b) Approving courses for residential continuing education; and (c) Where available, giving consideration to any residential continuing education program adopted by national construction licensing trade associations. (3) Scope. (a) These rules establish the content and hours required for residential continuing education. (b) These rules establish procedures for recordkeeping, for verifying attendance or completion of residential continuing education hours and for sanctions for failing to comply. (c) These rules establish procedures and standards for provider and course approval. Statutory/Other Authority: ORS 670.310, 701.126 & 701.235 Statutes/Other Implemented: ORS 701.082 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0005 Definitions — Continuing Education for Residential Contractors The following definitions apply to OAR 812-022-0000 to 812-022-0047: (1) “Employee” means: (a) Any individual employed by a contractor; or (b) A leased worker provided to a contractor by contract with a worker leasing company defined under 701.005(19) (2013) or licensed under ORS 656.850(2). (c) “Employee” does not include a subcontractor, which is an independent contractor, or a temporary employee. (2) “Instructor” means: (a) Any individual who develops, or assists in developing, curriculum for any course; (b) Any individual who presents a course in live format; or (c) Any individual who is available to answer questions from course attendees or participants. (3) “Licensing 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. (4) “Officer” means an individual person as defined in ORS 701.005(12). (5) “Owner” means an individual person as defined in OAR 812-002-0537. (6) “Residential contractor” means a licensed contractor as defined in ORS 701.005(13). (7) “Responsible managing individual (RMI)” means an individual person as defined in ORS 701.005(16). Statutory/Other Authority: ORS 670.310, 701.126 & 701.235 Statutes/Other Implemented: ORS 701.082; 701.005 & 701.035 History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0015 Minimum Continuing Education Requirements — Continuing Education for Residential Contractors (1) Except as provided in section (3), residential contractors shall have an owner, officer, RMI or employee, or a combination of those persons, who complete a minimum of eight hours of continuing education every licensing period as described in sections (2) and (3). (2) Residential continuing education hours consist of the following: (a) Three hours of education on laws, regulations and business practices offered by the agency or by an approved provider under an agreement with the agency; and (b) Five hours of education, approved by the agency and offered by approved providers, in one or more of the following subjects: (A) Construction business practices; (B) Marketing; (C) Customer service; (D) Accounting; (E) Business law; (F) Bidding; (G) Building Codes; (H) Safety; (I) Energy; (J) Trade specific courses, including, but not limited to, roofing, excavation and exterior shell construction; (K) Environmental hazards, including, but not limited to, asbestos, lead and radon. (3) Residential contractors that have not been licensed as a residential contractor during any part of the six-years immediately preceding their scheduled renewal date must complete an additional eight hours of residential continuing education in one or more of the subjects listed in section (2)(b). (4) Courses shall be a minimum of 50 minutes to qualify for one hour of residential continuing education credit. Courses shall be at least one credit hour. (5) Credit shall not be given for an individual student repeating the same residential continuing education course during a two-year licensing period, or for more than three hours of laws, regulations and business practices courses provided by the agency during a two-year licensing period. (6) If, during the two years immediately preceding the expiration date of the license, a residential contractor served on active duty in the United States armed forces, including but not limited to mobilization or deployment, the residential continuing education requirement is waived for that two-year licensing period. This exemption applies only if the residential contractor is a: (a) Sole proprietor without employees; (b) Sole owner of a corporation; or (c) Sole member of a limited liability company. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.082 History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 1-2014, f. & cert. ef. 2-6-14 CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0018 Agreements to Offer Agency Courses — Continuing Education for Residential Contractors The agency may enter into agreements with approved providers to provide the agency’s courses on laws, regulations and business practices. Statutory/Other Authority: ORS 670.310, 701.126 & 701.235 Statutes/Other Implemented: ORS 701.267 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0021 Exemptions from Continuing Education — Continuing Education for Residential Contractors (SB 783) (1) Residential 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 contractors 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) Residential contractors endorsed only as residential developers do not need to satisfy the continuing education requirement. (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) Contractors owned by or having an employee who is a home inspector certified under ORS 701.350 do not need to satisfy the continuing education requirement. (9) Contractors certified as master builders under ORS 455.810 do not need to satisfy the continuing education requirement. (10) Contractors holding both a residential endorsement under ORS 701.081 and a commercial endorsement under ORS 701.084 do not need to satisfy the residential continuing education requirements. Statutory/Other Authority: ORS 670.310, 701.082, 701.083 & 701.235 Statutes/Other Implemented: ORS 701.082 & 701.083 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 2-2014(Temp), f. & cert. ef. 3-26-14 thru 9-22-14 CCB 1-2014, f. & cert. ef. 2-6-14 CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0022 Experience Exemptions from Continuing Education — Continuing Education for Residential Contractors (1) Notwithstanding ORS 701.082(2), if a contractor was licensed for at least six years before the contractor’s renewal date, the contractor may qualify for renewal by completing eight hours of continuing education as provided in ORS 701.082(1). (2) Notwithstanding ORS 701.082(2), if a contractor’s RMI was an RMI for any contractor for at least six years before the contractor’s renewal date, the contractor may qualify for renewal by completing eight hours of continuing education as provided in ORS 701.082(1). (3) The licensing for the contractor or experience for the RMI does not need to be continuous. Statutory/Other Authority: ORS 670.310, 701.08 & 701.235 Statutes/Other Implemented: ORS 701.082 & 701.265 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 2-2014(Temp), f. & cert. ef. 3-26-14 thru 9-22-14
812-022-0033 Provider Rosters and Certificates of Completion – Continuing Education for Residential Contractors (1) Providers that transmit course completion data electronically to the agency should include the following when they submit rosters to the agency: (a) Course name and any other information identifying course, as required by agency: (b) Contractor’s name; (c) Contractor’s license number; (d) Name of individual attending or completing the course; (e) Relationship of individual completing the course to contractor (e.g. owner, officer, member, employee); (f) Date individual attended or completed the course; (g) Number of hours credit obtained by attending or completing the course; and (h) Certification by individual completing the course that the identified individual: (A) Attended or completed the entire course; and (B) No other individual attended, completed or assisted in completing the course in place of the individual. (2) Upon satisfactory completion of each course, providers will prepare a certificate of completion for the person completing the course. The certificate of completion will contain the following information: (a) Provider name; (b) Provider number assigned by the agency (if applicable); (c) Course name; (d) Course number assigned by the agency (if applicable); (e) Number of credit hours; (f) Date of course completion; (g) Student name; (h) Name of contractor with which student is associated; (i) Contractor CCB number; and (j) Any other information required by the agency. Statutory/Other Authority: ORS 670.310, 701.267 & 701.235 Statutes/Other Implemented: ORS 701.267 History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0037 Certification, Recordkeeping, and Review — Continuing Education for Residential Contractors (1) Contractors shall maintain records of continuing education courses completed for a period of: (a) 24 months after the renewal date for which the residential continuing education was reported; or (b) For a lapsed license, a period of 24 months after the date the license ceased to be lapsed. (2) The agency may request any contractor’s residential continuing education records for review. (3) If a contractor cannot prove that it completed the residential continuing education, the agency may suspend or refuse to renew the license until the contractor proves compliance or completes the missing courses. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.082 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0040 Inactive Status During the License Period or Upon Renewal — Continuing Education for Residential Contractors (1) If a contractor is inactive at the time of renewal and seeks to renew in active status, the contractor must complete all residential continuing education required under OAR 812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the inactive period. (2) If a contractor is inactive at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete residential continuing education required under OAR 812-022-0015. (3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete the residential continuing education requirements under OAR 812-022-0015. (4) Notwithstanding section (3), if an inactive contractor renews to inactive status and seeks to change to active status during the two-year licensing period, the contractor must complete residential continuing education required in OAR 812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the inactive period. (5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.063 & 701.082 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0042 Lapse in License — Continuing Education for Residential Contractors If a license lapses and a contractor applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the contractor must satisfy the residential continuing education requirements of 812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the lapse period. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.063 & 701.082 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0045 Claiming Continuing Education Credits — Continuing Education for Residential Contractors (1) A contractor may claim continuing education hours for courses completed during the time an employee is employed by the contractor. If the employee is a leased worker, the employee must complete the continuing education hours while leased to the contractor. (2) If an employee completed continuing education before being hired by a contractor, the contractor may not claim those hours to satisfy its continuing education requirement. (3) A contractor may claim continuing education hours for courses completed at the time the owner, officer or RMI is associated with the contractor. (4) If an owner, officer or RMI completed continuing education before associating with a contractor, the contractor may not claim those hours to satisfy the continuing education requirement. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.082 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-022-0047 Personnel of More than One Contractor — Continuing Education for Residential Contractors (1) If an employee who completes a continuing education course is employed by more than one contractor at the time the employee completes the course, each employing contractor may claim the continuing education hours. For purposes of this rule, “employed by more than one contractor” does not include leased workers leased by more than one contractor. For leased workers, only one contractor may claim the continuing education credits. (2) If an owner, officer or RMI who completes a continuing education course is associated with more than one contractor at the time the owner, officer or RMI completes the course, each affiliated contractor may claim the continuing education hours. Statutory/Other Authority: ORS 670.310, 701.082 & 701.235 Statutes/Other Implemented: ORS 701.082 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 2-2013, f. & cert. ef. 10-24-13
812-025-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with, and under the authority of, ORS 470.560, 670.310, 701.108, 701.119 and Oregon Laws 2009, chapter 753, section 48. (2) Purpose. These rules establish a certification system for primary contractors that participate in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program created by ORS chapter 470 and Oregon Laws 2009. (3) Scope. These rules: (a) Establish the requirements for, and the manner of, certifying applicants. (b) Establish fees. (c) Prescribe actions that constitute grounds to deny, suspend, or revoke a certification. (d) Outline requirements for notifying other agencies. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: 470.560, 670.310, 701.108, 701.119 & 2009 OL Ch. 753, Sec. 42 – 46a, 48 & 49 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11
812-025-0010 Application and Eligibility to Participate in Construction of Projects Financed by the EEAST Program An applicant for certification must submit the following: (1) A completed application on a form provided by the board; (2) Proof that the applicant is licensed by the board as a residential or commercial contractor; (3) A statement that the applicant is or will be the primary contractor (4) A copy of a BPI or REAP certificate, referred to in OAR 812-025-0015; (5) The fee established in OAR 812-025-0040. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11
812-025-0015 Qualifications for Certification: Skill to Perform Installation ODOE adopted performance skill standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if: (1) It holds a current and valid BPI accredited contractor. (2) It is owned by or employs one or more persons who hold a current and valid BPI certificate in at least one of the following disciplines: (a) Building analyst; (b) Envelope; (c) Heating; (d) Air conditioning/heat pump; (e) Manufactured housing; (f) Multifamily. (3) It is owned by or employs one or more persons who hold a current and valid REAP certificate as one or more of the following: (a) Energy Analyst-1; (b) Energy Analyst-2; (c) Shell Tech-1; (d) Diagnostic Tech-1; (e) Building Performance Specialist-1. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753 History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11
812-025-0020 Additional Qualifications for Certification ODOE adopted standards that the board applies in granting certification. Under the ODOE standards, a contractor is qualified if: (1) It is not listed by the Commissioner of BOLI as ineligible to receive a contract, or subcontract, for public works; (2) It is one or more of the following: (a) An equal opportunity employer; (b) A small business; (c) A minority or women business enterprise; or (d) A disadvantaged business enterprise. (3) It has complied with the rules and other requirements of: (a) The board; (b) The Workers’ Compensation Division of the Department of Consumer and Business Services; and (c) The Occupational Safety and Health Division of the Department of Consumer and Business Services. (4) It employs at least 80 percent of employees used for the EEAST program from the local work force, if a sufficient supply of skilled workers is available locally. (5) It has complied with federal and state wage and hour laws. (6) It pays wages to employees used for the EEAST program at a rate equal to at least 180 percent of the state minimum wage. (7) It pays wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation employed. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753 History: CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12 CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11