reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.227 - Disqualification from eligibility for certain public contracts; list of disqualified contractors.

(1) The Construction Contractors Board shall begin an action to determine whether a contractor or a subcontractor shall be considered not qualified to hold or participate in a public contract for a public improvement upon receipt of information from a public contracting agency or from any person who supplied labor or materials in connection with a public contract for a public improvement indicating that the contractor or subcontractor has not made payment to persons who supplied labor or materials within 60 days after the date when the payment was received by the contractor or subcontractor and that the payment was not a subject of a good faith dispute as defined in ORS 279C.580.
(2) If the board determines after notice and opportunity for hearing that a contractor or a subcontractor did not make payment to persons who supplied labor or materials in connection with a public contract for a public improvement within 60 days after the date when payment was received by the contractor or subcontractor, the board shall place the contractor or the subcontractor on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The board may not place a contractor or subcontractor on the list if the only reason that the contractor or subcontractor did not make payment to a person when payment was due is that the contractor or subcontractor did not receive payment from the public contracting agency, contractor or subcontractor when payment was due. The contractor or subcontractor shall remain on the list for a period of not less than six months.
(3) If the board determines that the information supplied to the board against a contractor or subcontractor was supplied in bad faith or was false, the person who supplied the information in bad faith or supplied false information shall be placed on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement.
(4) The board shall create and maintain a list of contractors and subcontractors who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The list may include any corporation, partnership or other business entity of which the contractor or subcontractor is an owner, shareholder or officer of the business or was an owner or officer of the business. The board shall provide access to the list to all public contracting agencies, contractors and subcontractors. [1999 c.689 §9; 2003 c.794 §318; 2005 c.409 §§1,2; 2007 c.793 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.230 - Board to provide names of unlicensed or improperly endorsed contractors to other state agencies.

At least once each month, the Construction Contractors Board shall provide to investigative units of the Department of Revenue, Department of Consumer and Business Services and Employment Department the name and address of each person who acts as a contractor in violation of this chapter or who knowingly assists an unlicensed person or a licensed contractor that is not properly endorsed to act in violation of this chapter. [1983 c.616 §2; 1989 c.928 §27; 1999 c.402 §35; 2007 c.836 §35]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.235 - Rulemaking.

(1) The Construction Contractors Board shall adopt rules to carry out the provisions of this chapter including, but not limited to, rules that:
(a) Establish language for surety bonds;
(b) Establish processing requirements for different types of complaints described in this chapter;
(c) Limit whether a complaint may be processed by the board if there is no direct contractual relationship between the complainant and the contractor;
(d) Subject to ORS 701.145, 701.153 and 701.157, exclude or limit recovery from the contractor’s bond required by ORS 701.068 of amounts awarded by a court or arbitrator for interest, service charges, costs and attorney fees arising from commencing the arbitration or court action and proving damages; and
(e) Designate a form to be used by an owner of residential property under ORS 87.007 for the purpose of indicating the method the owner has selected to comply with the requirements of ORS 87.007 (2) or to indicate that ORS 87.007 (2) does not apply.
(2) The board may adopt rules prescribing terms and conditions under which a contractor may substitute a letter of credit from a bank authorized to do business in this state instead of the bond requirements prescribed in ORS 701.068. [1971 c.740 §19; 1989 c.928 §28; 1991 c.181 §13; 2001 c.197 §19; 2003 c.778 §6; 2007 c.793 §23; 2007 c.836 §36; 2011 c.630 §§52,72; 2016 c.99 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.236 - Rulemaking to interpret, harmonize or adjust licensing requirements; exceptional circumstances.

(1) To the extent that a requirement necessary to obtain or maintain a license, endorsement or other authorization to perform work from the Construction Contractors Board is unclear, duplicative or in conflict, or in instances where a requirement conflicts with the board’s efforts to modernize operations and ensure consistent regulatory enforcement, the board may adopt rules the board deems necessary to interpret, harmonize, streamline, adjust or promote consistent application of the requirement.
(2) The board by rule may identify exceptional circumstances for considering a complaint under ORS 701.139, 701.140 or 701.143 that the board would ordinarily deny, if the complaint otherwise complies with the requirements of this chapter to the maximum extent possible under the identified circumstances. [2023 c.277 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.238 - Determination of licensing application fee; rules.

(1) Before July 1 of each year, the Construction Contractors Board shall determine the amounts of the fees to be charged for applications under ORS 701.056 for the issuance or renewal of contractor licenses. The fee amounts are subject to prior approval of the Oregon Department of Administrative Services. The fee amounts shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fee amounts established under this section may not exceed the cost of administering the regulatory program of the Construction Contractors Board under this chapter, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board.
(2) The amounts of the fees determined by the Construction Contractors Board under subsection (1) of this section shall be effective as set by rule. [Formerly 701.130; 2023 c.602 §29]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.240 - Provision of licensed contractors list to other state agencies; rules.

(1) The Construction Contractors Board shall supply the Department of Revenue and the Employment Department with a partial or complete list of licensees as deemed necessary by the board.
(2) The lists required by subsection (1) of this section shall contain the name, address, Social Security or federal employer identification number of each licensee or such other information as the departments may by rule require. [1989 c.870 §6; 1999 c.402 §36; 2005 c.22 §479]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.246 - Confidentiality of information; permissible disclosures.

(1) Social Security numbers, driver license numbers, dates of birth and other personal identifier information included in a license or certificate application filed under this chapter are confidential. Except as provided in this section, the Construction Contractors Board may not disclose personal identifier information contained in a license or certificate application.
(2) Subsection (1) of this section does not prohibit the board from making the following disclosures:
(a) Disclosures made with the written consent of the person to whom the personal identifier information pertains.
(b) Disclosures of information that a license or certificate holder is required by law or rule to disclose to the public, including but not limited to board-issued license or certificate numbers.
(c) Disclosures for the purpose of causing, conducting or assisting an investigation into possible violations of law, rules or regulations, including but not limited to disclosures to an administrative agency, law enforcement agency or district attorney office. A public body receiving information from the board under this paragraph may not disclose the information except as necessary to an investigation or as necessary to criminal, civil or contested case proceedings. [2009 c.226 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.250 - Board to provide licensee’s status on request; fee.

(1) Any individual may request and the Construction Contractors Board shall provide notification of the status of one or more licensees. Status information provided by the board shall include any professional credentials earned by the contractor as described in ORS 701.120.
(2) The board may charge a standard fee for the notification described in subsection (1) of this section not to exceed the cost of preparation and provision of such notices. [1989 c.870 §7; 1999 c.402 §37; 2001 c.311 §4; 2001 c.428 §2; 2002 s.s.1 c.6 §§2,7; 2003 c.778 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.255 - Funds retained for collection of civil penalties.

The Construction Contractors Board may retain 20 percent annually from the funds collected under ORS 701.992. The amount retained under this section shall be continuously appropriated for the board’s costs of collection of civil penalties imposed by order of the board. [1989 c.928 §29; 1995 c.771 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.260 - Appeal committee; membership; duties.

(1) From within its membership, the Construction Contractors Board shall appoint three members, including one of the public members or the elected official, as an appeal committee. The board may appoint one or more appeal committees. At least one residential contractor shall be appointed to any committee that hears appeals involving residential complaints.
(2) An appeal committee shall hear appeals on proposed orders and on petitions for reconsideration and rehearing and motions for stays that were originally appealed to the board as proposed orders.
(3) The Construction Contractors Board shall not consider an appeal of a decision of an appeal committee. However, the full board may act as an appeal committee. The parties affected by a decision of an appeal committee shall retain the right to appeal the decision to the Court of Appeals. [1989 c.928 §24; 1993 c.470 §1; 1993 c.742 §53]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.265 - Continuing education system for residential contractors; rules.

(1) The Construction Contractors Board shall adopt rules establishing a continuing education system for residential contractors licensed by the board. The rules shall include, but need not be limited to, minimum standards to be met:
(a) By approved providers of continuing education; and
(b) By courses that the board approves as continuing education.
(2) In establishing the continuing education system, the board may give consideration to any continuing education program adopted by national construction licensing trade associations. [2013 c.718 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.267 - Agreements with continuing education providers; credits; fees.

(1) The Construction Contractors Board may enter into agreements with approved continuing education providers for the providers to offer education developed by the board under ORS 701.082 (1)(b). The agreements may provide for the board to collect payment from the providers for the use of the education materials developed by the board.
(2) In determining whether to approve an entity as a provider of continuing education that is required under ORS 701.082 (1)(c), the board shall consider:
(a) Instructor qualifications; and
(b) Attendance verification procedures.
(3) In determining whether to approve a course as continuing education described in ORS 701.082 (1)(c), the board shall consider the course content.
(4) In determining any process for approving an entity as a provider of continuing education that is not required under ORS 701.082 (1), the board may consider attendance verification procedures.
(5) The board may determine the number of continuing education hours to be credited to a continuing education course or to a specialized education program described in ORS 701.083.
(6) The board may establish reasonable fees for approvals of entities as continuing education providers, approvals of continuing education courses and approvals of specialized education programs described in ORS 701.083 and reasonable fees for any continuing education courses offered by the board. The board may charge an approved provider a reasonable fee for each attendee completing course hours in approved continuing education to cover board costs associated with administering the residential contractor continuing education system. [2013 c.718 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.269 - Residential general master builder certification program; requirements; standards; fees; rules.

(1)(a) The Construction Contractors Board may establish a voluntary certification program for a residential general master builder of vertical homeownership structures and other structures and may define a vertical homeownership structure by rule. At a minimum, the certification program must provide education, training, assessment and evaluation of individuals with respect to the individuals’ knowledge of and skills in:
(A) Foundations;
(B) Roofing;
(C) Wall construction;
(D) Siding installation; and
(E) Energy systems.
(b) The board may specify certification standards that differ by the type of structure in which the master builder may specialize, in the qualifications necessary to obtain certification in each type of structure and in education and training standards necessary to qualify for each type of certification.
(2) The board may adopt rules to implement the provisions of this section and may establish and charge to applicants for certification any fees that are necessary to pay the expenses of administering the certification program under this section. [2021 c.413 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.305 - Requirement for written contract with residential property owner; standard contractual terms; rules.

(1) A contractor may not perform work to construct, improve or repair a residential structure or zero-lot-line dwelling for a property owner without a written contract if the aggregate contract price exceeds $2,000. If the price of a contract was initially less than $2,000, but during the course of performance the contract exceeds that amount, the contractor shall mail or otherwise deliver a written contract to the property owner not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000. Failure to have a written contract will not void the contract.
(2) The Construction Contractors Board shall adopt rules that require a contractor to use standard contractual terms in a construction contract for which subsection (1) of this section requires a written contract. The standard contractual terms shall be clear and use words of common understanding. [2007 c.648 §7; 2009 c.408 §8; 2009 c.409 §1; 2013 c.168 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.310 - Cancellation of contract.

(1) A property owner who enters into an initial written contract for the construction, improvement or repair of a residential structure or zero-lot-line dwelling on real property owned by the property owner may cancel the contract by delivery of a written notice of cancellation anytime prior to 12 midnight at the end of the next business day. The notice of cancellation may be delivered in any written form or by any means that can readily be converted to written form, including, but not limited to, facsimile, electronic mail and regular mail. The notice must state the intention of the property owner to cancel the contract.
(2) Subsection (1) of this section does not allow a property owner to cancel a contract:
(a) If both parties agree that work is to begin before the cancellation period has expired;
(b) After a contractor substantially begins the residential construction, improvement or repair; or
(c) When an initial contract is being modified after expiration of the initial cancellation period. [2007 c.648 §8; 2009 c.409 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.312 - Additional grounds for placing contractor on probation.

Notwithstanding the conditions specified for probation in ORS 701.102 (3), the Construction Contractors Board may place a contractor on probation as provided in ORS 701.102 (3) if the contractor offers to perform a home improvement, accepts a deposit of more than 50 percent of the total contract price and:
(1) Fails to perform diligently and in accordance with the contract specifications the home improvement for which the contractor received the deposit; or
(2) Fails to perform the home improvement for which the contractor received the deposit and fails to return the deposit within 10 days after a reasonable demand to return the deposit. [2010 c.77 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.315 - Contents of contract for work on residential structure.

A contract that is for the performance of work on a residential structure and that is subject to this chapter may not contain a provision that limits the right of a person to file a complaint described in ORS 701.140 with the Construction Contractors Board. A contract described in this section may contain a provision requiring mediation or arbitration of a dispute arising from the contract. [Formerly 701.175]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.320 - Offer of warranty; withdrawal of contract offer.

(1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling, or to sell a new residential structure or zero-lot-line dwelling constructed by the contractor, shall make a written offer to the property owner or original purchaser of the structure or dwelling of a warranty against defects in materials and workmanship for the structure or dwelling. The property owner or original purchaser of the structure or dwelling may accept or refuse the offer of a warranty by the contractor. If a contractor makes the written offer of a warranty before the contractor and the property owner both sign a written construction contract and the property owner refuses the offered warranty, the contractor may withdraw the offer to construct the structure or dwelling.
(2) Subsection (1) of this section does not apply to a residential structure that is a manufactured dwelling as defined in ORS 446.003. [2007 c.648 §11; 2009 c.409 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.330 - Consumer notice form; notice of procedure form; rules.

(1) The Construction Contractors Board shall adopt by rule a consumer notice form designed to inform a property owner or original purchaser of the actions the property owner or original purchaser should take to protect the property owner in a residential structure or zero-lot-line dwelling repair, remodel or construction project or to protect the original purchaser in a residential structure or zero-lot-line dwelling construction project. The form shall briefly describe and identify additional sources of information regarding:
(a) Contractor licensing standards;
(b) Contractor bond and insurance requirements;
(c) The requirement to offer a warranty under ORS 701.320; and
(d) Other information specified by the board.
(2) The board shall adopt by rule a notice of procedure form that briefly describes and identifies additional sources of information regarding the procedure described under ORS 701.560 to 701.595 and other information specified by the board.
(3) The consumer notice form and notice of procedure form adopted by the board shall include signature lines for the contractor and for the property owner or original purchaser.
(4) The board shall adopt rules specifying the time and manner for a contractor to deliver a consumer notice form and notice of procedure form.
(5) The board may adopt rules that require a contractor to maintain evidence of delivery of the consumer notice form and notice of procedure form and that specify the retention period for and the form of that evidence. [2007 c.648 §14; 2009 c.409 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.335 - Recommended maintenance schedule; rules.

(1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling shall provide a recommended maintenance schedule to the property owner or original purchaser of the proposed structure or dwelling at the time that the contractor makes a written offer of warranty under ORS 701.320.
(2) The Construction Contractors Board shall adopt rules describing the minimum information that a contractor shall provide to a property owner or original purchaser under subsection (1) of this section. The minimum information shall include, but need not be limited to, the following:
(a) Definitions and descriptions of moisture intrusion and water damage.
(b) An explanation of how moisture intrusion and water damage can occur.
(c) A description and recommended schedule for maintenance to prevent moisture intrusion.
(d) Advice on how to recognize the signs of water damage.
(e) Appropriate steps to take when water damage is discovered. [2007 c.648 §13; 2009 c.409 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.340 - Commercial structure warranty.

A commercial general contractor level 1 or level 2 that constructs a new large commercial structure shall provide the owner with a two-year warranty of the building envelope and penetration components against defects in materials and workmanship. The warranty shall provide for the contractor to annually inspect the building envelope and penetration components during the warranty period. The warranty need not cover conditions resulting from improper maintenance by the owner. [2007 c.836 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.345 - Subcontractor list.

(1) A contractor shall maintain a list that includes the names, addresses and license numbers for all subcontractors or other contractors performing work on a project for that contractor.
(2) The contractor must deliver the list referred to in subsection (1) of this section to the Construction Contractors Board within 72 hours after a board request made during reasonable working hours. [2007 c.114 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.348 - Sewer contractor requirements.

(1) Every person offering to undertake or undertaking construction of building sewer piping shall comply with the requirements of ORS chapter 701.
(2) Every person submitting a bid or a written estimate of the costs to construct building sewer piping shall provide to potential customers, prior to an agreement to perform, the following:
(a) The person’s Construction Contractors Board license number;
(b) The applicable bonding and liability coverage; and
(c) The statement described in ORS 701.325 (1).
(3) Any person licensed under ORS 701.021 may install a building sewer after obtaining a permit for plumbing inspection under ORS 447.095.
(4) As used in this section, "building sewer" means that part of the system of drainage piping that conveys sewage into a septic tank, cesspool or other treatment unit that begins five feet outside the building or structure within which the sewage originates. [Formerly 701.138; 2013 c.1 §90]
Note:
701.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.350

[1997 c.814 §§3,3a; 1997 c.690 §6; 1999 c.402 §39; 2001 c.196 §10; 2005 c.114 §1; 2005 c.254 §13; 2005 c.432 §15a; 2007 c.222 §1; 2011 c.79 §1; renumbered 701.445 in 2015]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.410 - Definitions.

(1) As used in ORS 279C.555, 279C.570, 701.410, 701.420, 701.430, 701.435 and 701.440:
(a) "Construction" means:
(A) Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and otherwise preparing land for the making and placement of a building, structure or superstructure;
(B) Creating or making a building, structure or superstructure; and
(C) Altering, partially constructing and doing repairs in and upon a building, structure or superstructure.
(b) "Contractor" means a person that contracts with an owner on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans, and that retains control of the means, method and manner of accomplishing the desired result.
(c) "Owner" means a person that is or claims to be the owner in fee or a lesser estate of the land, building, structure or superstructure on which construction is performed and that enters into an agreement with a contractor for the construction.
(d) "Subcontractor" means a person that contracts with a contractor or another subcontractor on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans.
(2) As used in ORS 701.410, 701.420, 701.430, 701.435 and 701.440, "retainage" means the difference between the amount a contractor or subcontractor earns under a construction contract and the amount the owner pays on the contract to the contractor, the amount the contractor pays on the contract to the subcontractor or the amount the subcontractor pays on the contract to another subcontractor. [1975 c.772 §1; 1987 c.158 §148; 1999 c.59 §209; 2003 c.794 §319; 2005 c.22 §§480,481; 2010 c.77 §7]
Note:
701.410 to 701.440 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.420 - Partial payment; retainage; effect; interest; notice of completion; payment by contractor and owner.

(1) Partial payment is allowed and may be made on contracts for construction and home improvement. An owner, contractor or subcontractor may withhold as retainage an amount equal to not more than five percent of the contract price of the work completed. Partial payment allowed under this subsection is not acceptance or approval of some of the work or a waiver of defects in the work.
(2)(a) The owner, contractor or subcontractor shall pay interest at the rate of one percent per month on the final payment due the contractor or subcontractor. The interest shall commence 30 days after the contractor or subcontractor has completed and the owner has accepted the work under the contract for construction for which the final payment is due. The interest shall run until the date when final payment is tendered to the contractor or subcontractor. When the contractor or subcontractor considers the work that the contractor or subcontractor is contracted to perform to be complete, the contractor or subcontractor shall notify the party to whom the contractor or subcontractor is responsible for performing the construction work under the contract. The party shall, within 15 days after receiving the notice, either accept the work or notify the contractor or subcontractor of work yet to be performed under the contract. If the party does not accept the work or does not notify the contractor or subcontractor of work yet to be performed within the time allowed, the interest required under this subsection shall commence 30 days after the end of the 15-day period.
(b) If the contract price exceeds $500,000, the owner, contractor or subcontractor shall place amounts withheld as retainage into an interest-bearing escrow account. Interest on the retainage amount accrues from the date the payment request is approved until the date the retainage is paid to the contractor or subcontractor to which it is due.
(3) When a contractor pays a subcontractor in full, including the amount the contractor withheld as retainage, the owner with whom the contractor has the contract shall pay the contractor, out of the amount that the owner withheld from the contractor as retainage, a sum equal to the amount of retainage that the contractor paid the subcontractor. The contractor shall notify the owner when the contractor pays a subcontractor in full under this section and the owner shall, within 15 days after receiving the notice, pay the contractor the amount due the contractor under this subsection. Interest on the amount due the contractor at the rate of one percent per month shall commence 30 days after the owner receives notice of full payment to the subcontractor. [1975 c.772 §2; 2010 c.77 §8; 2013 c.410 §2; 2019 c.486 §2]
Note:
See note under 701.410.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.430 - Performance bond; terms.

A contractor or subcontractor may execute and deliver to the owner, contractor or subcontractor before the commencement of construction for which the contractor or subcontractor will be responsible for performing a good and sufficient bond in a sum equal to the contract price for the faithful performance of the contract. The term of the bond obtained under this subsection must extend to include the period during which claims of lien or notices of other encumbrances based on the construction performed under the contract may be filed under applicable law. The bond must be approved by the owner, contractor or subcontractor entitled to withhold retainage. A faithful performance bond delivered under this section must include, but not be limited to, provisions to the effect that:
(1) The obligations of the contract must be faithfully performed;
(2) Payment must promptly be made to all persons supplying labor or materials to the contractor or subcontractor for prosecution of the work provided in the contract;
(3) All contributions due the Industrial Accident Fund and the Unemployment Compensation Trust Fund from the contractor or subcontractor in connection with the performance of the contract must be made promptly; and
(4) All sums required to be deducted and retained from the wages of employees of the contractor or subcontractor pursuant to the Personal Income Tax Act of 1969, must be paid over to the Department of Revenue. [1975 c.772 §3; 2013 c.410 §3]
Note:
See note under 701.410.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.440 - Applicability to federal projects.

ORS 279C.555, 701.410, 701.420 and 701.430 do not apply when the owner is the United States or any agency thereof or when the construction is paid for, in whole or in part, with federal moneys. [1975 c.772 §6; 2003 c.794 §321]
Note:
See note under 701.410.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.445 - Home inspectors; certification; rules; fees; exemption.

(1) An individual may not undertake, offer to undertake or submit a bid to do work as a home inspector unless the individual is certified as a home inspector under this section by the Construction Contractors Board and is an owner of, or employed by, a business that is licensed by the board.
(2) A business may not undertake, offer to undertake or submit a bid to do work as a home inspector unless the business is licensed by the board under this chapter and has an owner or an employee who is certified as a home inspector under this section. The board may adopt rules for determining whether an inspection and report that is limited to one or more specific systems or components of a residential structure or appurtenance is a sufficient assessment of the overall physical condition of the structure or appurtenance to constitute the services of a home inspector.
(3) The board shall adopt minimum standards of practice and professional conduct.
(4) The board shall require that an applicant for certification as a home inspector pass a test demonstrating the competency of the applicant to act as a home inspector. The board may adopt rules accepting the results of competency testing by a nationally recognized certification program for home inspectors. The board may adopt rules establishing additional requirements for the issuance or renewal of a home inspector certificate, including but not limited to training and continuing education requirements.
(5) The board shall adopt rules establishing procedures for the issuance, renewal and revocation of home inspector certification.
(6) The board may adopt rules establishing fees necessary for the administration of this section. The fees may not exceed the following:
(a) $50 for application.
(b) $50 for testing.
(c) $150 for issuance of an initial two-year certificate.
(d) $150 for renewal of a two-year certificate.
(7) This section does not apply to a person acting within the scope of a license, certificate or registration issued to the person by the Appraiser Certification and Licensure Board under ORS chapter 674. [Formerly 701.350]
Note:
Section 3b, chapter 814, Oregon Laws 1997, provides:
Sec. 3b.
The requirements of section 3 of this Act [701.445 (1) and (2)] shall not apply to a person registered each year as a general contractor under ORS chapter 701 during the period from January 1, 1991, through the effective date of this Act [August 11, 1997]. [1997 c.814 §3b]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.450 - Home inspector undertaking of repair work on inspected structure.

A business licensed as a contractor under this chapter and providing home inspector services by a home inspector certified under ORS 701.445 may not undertake, offer to undertake or offer to submit a bid to undertake work to repair a structure inspected by an owner or employee of the business within the 12 months following the inspection. [Formerly 701.355]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.455 - Home inspector services contractor license; exemption from testing and continuing education.

(1) A home inspector services contractor license authorizes the holder to operate a business providing the services of home inspectors as defined in ORS 701.005, but does not authorize the holder to engage in other contractor activities.
(2) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home inspector services contractor. This subsection does not exempt a responsible managing individual for the business from compliance with any continuing education requirements established by the board under ORS 701.445 for a certified home inspector.
(3) Notwithstanding ORS 701.122, the board may not require a home inspector services contractor or the responsible managing individual for the business to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [Formerly 701.360]
Note:
701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.455 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 701.455 for the repeal of 701.126 has not been made.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.470 - Licensing; exemptions; insurance.

(1) As used in this section:
(a)(A) "Construction flagger" means an individual who, for compensation or with the expectation of compensation, directs or controls the flow of motor vehicle traffic on a public roadway to prevent or reduce conflict between the flow of traffic and construction activity on or near the roadway.
(B) "Construction flagger" does not mean an individual performing work for the federal government, a public body as defined in ORS 174.109 or a business regulated by the Public Utility Commission.
(b) "Construction flagging contractor" means a person who employs, contracts with or obtains through a worker leasing company, one or more individuals to act as construction flaggers.
(2) Except as provided in this section, a person may not undertake, offer to undertake or submit a bid to do work as a construction flagging contractor unless the person holds a construction flagging contractor license issued by the Construction Contractors Board.
(3) This section does not require a person to obtain a construction flagging contractor license if the person holds a valid license and endorsement as a:
(a) Residential general contractor;
(b) Commercial general contractor level 1;
(c) Commercial specialty contractor level 1;
(d) Commercial general contractor level 2; or
(e) Commercial specialty contractor level 2.
(4) An applicant for a construction flagging contractor license must:
(a) Submit an application in the manner described in ORS 701.046;
(b) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and
(c) Obtain general liability insurance under ORS 701.073 in an amount of not less than $500,000.
(5) A construction flagging contractor license authorizes a person to act as a construction flagging contractor but does not authorize the person to engage in any other activities that require a license issued under this chapter.
(6) Notwithstanding any other provision of this chapter, the board may not:
(a) Impose training or continuing education requirements for a construction flagging contractor or a responsible managing individual for the contractor.
(b) Require a construction flagging contractor or the responsible managing individual for the contractor to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2015 c.356 §2; 2023 c.254 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.475 - Definitions for ORS 701.475 to 701.490.

As used in ORS 701.475 to 701.490:
(1) "Key" means a mechanical, electromechanical, electronic, electromagnetic or other device for operating a lock.
(2) "Lock" means a mechanical, electromechanical, electronic, electromagnetic or other device that is designed to control access from one area to another or control the use of a device in a structure or vehicle.
(3) "Locksmith" means a person who services, installs, repairs, rebuilds, rekeys, repins or adjusts locks, hardware peripheral to locks, safes, vaults, safe deposit boxes or mechanical or electronic security systems. [2009 c.781 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.480 - Certification; licensing; holding out as locksmith or locksmithing business.

(1) An individual may not undertake, offer to undertake or submit a bid to do work as a locksmith for compensation, or with the expectation to be compensated, unless the individual is certified as a locksmith under ORS 701.485 by the Construction Contractors Board and is an owner of, or employed by, a business that is licensed by the board.
(2) A business may not undertake, offer to undertake or submit a bid to provide locksmith services unless the business is licensed by the board under this chapter and has an owner or an employee who is certified as a locksmith under ORS 701.485.
(3) A person may not use the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word "locksmith" that indicates or tends to indicate that the person is a locksmith or provider of locksmith services unless the person is certified as a locksmith by the board or is a business licensed by the board that has an owner or employee who is certified by the board as a locksmith.
(4) A person may not use any sign, card or device that indicates or tends to indicate that the person is a locksmith or provider of locksmith services unless the person is certified as a locksmith by the board or is a business licensed by the board that has an owner or employee who is certified by the board as a locksmith. [2009 c.781 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.485 - Standards of practice and professional conduct; determination of competency; sanctions; rules; fees.

(1) The Construction Contractors Board shall adopt rules establishing minimum standards of practice and professional conduct for locksmiths and businesses that provide locksmith services.
(2) The board shall require that an applicant for certification as a locksmith pass a test demonstrating the competency of the applicant to act as a locksmith.
(3) The board may adopt rules to regulate the practice of locksmithing, including but not limited to rules:
(a) Accepting the results of competency testing by a nationally recognized certification program for locksmiths;
(b) Establishing requirements for the issuance or renewal of a locksmith certificate, including but not limited to training and continuing education requirements;
(c) Establishing standards of professional conduct for certified locksmiths; and
(d) Establishing fees necessary for the administration of ORS 701.475 to 701.490 that do not exceed the following amounts:
(A) $100 for application.
(B) $100 for testing.
(C) $300 for issuance of an initial two-year certificate.
(D) $300 for renewal of a two-year certificate.
(4) The board shall adopt rules establishing procedures for the issuance, renewal and revocation of a locksmith certificate.
(5) The board may suspend or revoke a locksmith certificate if the locksmith:
(a) Fails to comply with a continuing education requirement established by the board; or
(b) Violates a standard of professional conduct for certified locksmiths established by board rule. [2009 c.781 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.490 - Exemptions from certification, licensure and other requirements.

ORS 701.480 and 701.485 do not apply to:
(1) A person offering key duplication services at a fixed location or ancillary to other business activities, if the person does not undertake, offer to undertake or submit a bid to undertake other locksmith services;
(2) An individual performing work within the scope of a license described in ORS 479.905 to 479.945;
(3) A tow truck operator performing work for a towing business certified under ORS 822.205;
(4) A construction contractor licensed under this chapter or an owner, officer or employee of the licensed construction contractor, when acting within the scope of the contractor’s license, if the contractor, owner, officer or employee does not hold out as a provider of locksmith services;
(5) Work performed by a manufacturer on a manufactured structure, modular building or structure or prefabricated structure that is or was produced by the manufacturer;
(6) A property owner or regular employee of the property owner, when performing work on the property;
(7) A property management company or the regular employee of a property management company, when performing work on the managed property;
(8) A real estate property manager as defined in ORS 696.010, or the employee of a property manager, performing work in the course of managing rental real estate;
(9) A landlord or landlord’s agent, both as defined in ORS 90.100;
(10) A manufacturer of locks; or
(11) A person performing work as the representative of a manufacturer, wholesaler, distributor or retailer of locks. [2009 c.781 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.495 - Residential locksmith services contractor license; exemption from testing and continuing education.

(1) A residential locksmith services contractor license authorizes the holder to operate a business providing the services of locksmiths as defined in ORS 701.475 for residential or small commercial structures, but does not authorize the holder to engage in other contractor activities.
(2) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a residential locksmith services contractor. This subsection does not exempt a responsible managing individual for the business from compliance with any continuing education requirements established by the board under ORS 701.485 for a certified locksmith.
(3) Notwithstanding ORS 701.122, the board may not require a residential locksmith services contractor or the responsible managing individual for the business to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2013 c.300 §4]
Note:
701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.495 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 701.495 for the repeal of 701.126 has not been made.