reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0143 - Complainant

Current through Register Vol. 63, No. 7, July 1, 2024
"Complainant" means a person who files a complaint against a
				contractor under ORS 701.131 to
				701.180.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.131 -
				  701.180
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0160 - Construction Management

Current through Register Vol. 63, No. 7, July 1, 2024
"Construction management" is the coordinating of a construction
				project, including, but not limited to, selecting contractors to perform work
				on the project, obtaining permits, scheduling specialty contractors' work, and
				purchasing materials. "Construction management" does not include consulting
				work performed by a registered engineer or a licensed architect when operating
				as provided by ORS 701.010(8).
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005,
				  701.021,
				  701.026 &
				  701.238
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0170 - Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
"Contractor" has the same meaning as that term is given in ORS
				701.005. Contractors include
				persons who are and who are not licensed under ORS chapter
				701.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0180 - Contractor Became Aware of the Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
"Contractor became aware of the requirement" (to license) as
				used in ORS 701.131 includes but is not
				limited to the date a letter or a proposed order is mailed to the address of
				record from the agency indicating that the contractor was performing the work
				of a contractor and must be licensed with the Construction Contractors
				Board.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.131
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0190 - Court, Arbitrator or Other Entity

Current through Register Vol. 63, No. 7, July 1, 2024
"Court, arbitrator or other entity" means a court of competent
				jurisdiction or an arbitrator or other entity authorized by law or the parties
				to a dispute to effect a resolution to the dispute.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  701.131 -
				  701.180
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0200 - Date the Contractor Becomes Aware of a Lapse in License

Current through Register Vol. 63, No. 7, July 1, 2024
"Date the contractor becomes aware of a lapse in license"
				includes but is not limited to the date a notice is mailed to the address of
				record from the Construction Contractors Board that his/her license has been
				suspended, terminated or lapsed for any reason.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063 &
				  701.131
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0220 - Date Contractor Incurred Indebtedness

Current through Register Vol. 63, No. 7, July 1, 2024
"Date the contractor incurred the indebtedness" as used in ORS
				701.143, has the following
				meanings:
(1) For a material
			 complaint, this date is the date of delivery or the date the purchaser takes
			 possession of the materials that are the subject of the complaint. If the
			 delivery date is unknown, the date of the invoice applies except in the case of
			 special or custom ordered materials, the date of order constitutes the date of
			 indebtedness.
(2) For an employee
			 complaint or employee trust complaint, this date is the date the employee
			 performed the work that is the subject of the complaint.
(3) For a subcontractor complaint, this date
			 is the date the subcontractor ceases to perform the work at issue in the
			 complaint, substantially completes the work or submits a request for payment
			 for the work, whichever occurs first.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.143 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0230 - Days

Current through Register Vol. 63, No. 7, July 1, 2024
"Days" as used in this chapter means calendar days, unless
				otherwise provided or the context otherwise indicates.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0250 - Direct Contractual Relationship

Current through Register Vol. 63, No. 7, July 1, 2024
"Direct Contractual Relationship" as used in OAR 812-004-0320 or 812-004-1320  has the following meanings:
(1) For an owner, construction lien or
			 primary contractor complaint, "direct contractual relationship" means a
			 relationship created by a contract between the complainant and the respondent
			 providing that the respondent perform construction work in return for valuable
			 consideration conveyed directly from the complainant to the
			 respondent.
(2) For a material
			 complaint or subcontractor complaint, "direct contractual relationship" means a
			 relationship created by a contract between the complainant and the respondent
			 providing that the complainant provide labor, material or rental equipment in
			 return for valuable consideration conveyed directly from the respondent to the
			 complainant.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.235
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0260 - Dishonest or Fraudulent Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
"Dishonest or fraudulent conduct", as used in ORS 701.098(1)(L)
				and (4)(a)(D) includes, but is not limited to, the following:
(1)  Acting in a manner that, because of a wrongful or
				fraudulent act by the applicant or licensee, has resulted in injury or damage
				to another person; or
(2)  Failing to pay monies when due for materials or services
				rendered in connection with the applicant's or licensee's operations as a
				contractor when the applicant or licensee has received sufficient funds as
				payment for the particular construction work project or operation for which the
				services or materials were rendered or purchased; or
(3)  Accepting payment in advance on a contract or agreement and
				failing to perform the work or provide services required by the contract or
				agreement in a diligent manner and failing to return payment for unperformed
				work, upon reasonable and proper demand, within ten days of demand; or
(4)  Displaying to the public false, misleading, or deceptive
				advertising whereby a reasonable person could be misled or injured; or
(5)  Submitting a license application that includes false or
				misleading information; or
(6)  Submitting a false gross business volume certification in
				order to qualify for a reduced bond amount as set forth in OAR 812-003-0280;
				or
(7)  Failing to pay minimum wages or overtime wages as required
				under state or federal law; or
(8)  Failing to comply with the state Prevailing Wage Rate Law,
				ORS 279C.800 to 279C.870; or
(9)  Failing to comply with the federal Davis-Bacon and related
				acts when the terms of the contract require such compliance.
(10)  Failing to pay wages as determined by the Bureau of Labor
				& Industries, Wage and Hour Division.
(11)  Failing to timely pay a civil penalty or fine imposed by a
				unit of local, state, or federal government.
(12)  Presenting for payment to the Board a check that
				subsequently is returned to the agency due to non-sufficient funds or closure
				of the account.
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS
				  701.098
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0262 - Engaged in the Commercial Harvest of Forest Products

Current through Register Vol. 63, No. 7, July 1, 2024
"Engaged in the commercial harvest of forest products" as used
				in ORS 701.005(5)(e)
				means engaged in buying or selling fallen trees, logs, poles or pilings.
				"Engaged in the commercial harvest of forest products" does not mean
				masticating, chipping or mulching trees or brush on site.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0265 - Exercises Management or Supervisory Authority Over the Construction Activities of the Business

Current through Register Vol. 63, No. 7, July 1, 2024
"Exercises management or supervisory authority over the
				construction activities of the business" as used in ORS
				701.005 means meaningfully
				participating in:
(1) The
			 administration of construction contracts performed by the business;
			 or
(2) The administration of the
			 day-to-day operations of the business.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0275 - Family Members

Current through Register Vol. 63, No. 7, July 1, 2024
"Family members" mean members of the same family and are
				parents, spouses, sisters, brothers, daughters, sons, daughters-in-law,
				sons-in-law, or grandchildren.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0280 - For Compensation or With the Intent to Sell

Current through Register Vol. 63, No. 7, July 1, 2024
"For compensation or with the intent to sell" as used in ORS
				701.005 is not intended to
				include real estate licensees engaged in professional real estate activities as
				defined in ORS 696.010(13).
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005,
				  701.010,
				  701.021,
				  701.026 &
				  701.131
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0300 - Gardener

Current through Register Vol. 63, No. 7, July 1, 2024
"Gardener" as used in ORS
				701.005 means a person who cares
				for plots of ground where herbs, fruits, flowers, or vegetables are cultivated,
				including the removal of trees up to 15 feet in height when the diameter of the
				tree is four inches or less at ground level, and removal of tree limbs up to 15
				feet above ground level when the diameter of the limb is three inches or
				less.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0320 - General Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
"General contractor" means a contractor whose business
				operations require the use of more than two unrelated building trades or crafts
				that the contractor supervises, subcontracts to be performed or performs in
				whole or in part.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0325 - Good Cause

Current through Register Vol. 63, No. 7, July 1, 2024
"Good cause" as used in ORS
				279C.585 exists if the prime
				contractor that substituted an undisclosed first-tier subcontractor can show
				that a reasonable person with the knowledge possessed by the prime contractor
				when the substitution was made would have concluded that:
(1) The substitution was consistent with, and
			 did not violate, public policy expressed in ORS
			 279C.305, that public agencies
			 shall make every effort to construct public improvements at the least cost to
			 the public; and
(2) One or more of
			 the following facts was true:
(a) The
			 subcontractor was financially unstable.
(b) The subcontractor had an unacceptable
			 performance history on past contracts.
(c) The subcontractor had an unacceptable
			 history of untimely performance.
(d) The subcontractor had an unacceptable
			 history of filing excessive claims and lawsuits on past contracts.
(e) The subcontractor had an unacceptable
			 work safety record.
(f) The
			 subcontractor did not have sufficient human resources to do the work required
			 under contracts entered into by the subcontractor.
(g) The subcontractor failed or refused to
			 meet insurance requirements of the prime.
(h) The subcontractor failed or refused to
			 meet requirements of ORS
			 279C.505(2).
(i) The subcontractor's ability to
			 successfully perform the project and protect the guarantees placed by the prime
			 contractor was substantially jeopardized.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0345 - Hours of Training

Current through Register Vol. 63, No. 7, July 1, 2024
"Hours of Training" as used in OAR 812-006-0200  to 812-006-0250 of these rules refers to clock hours, not credit hours. "Hours of training"
				does not include time spent for registration or breaks.
Stat. Auth.: ORS
				  670.310,
				  701.122 &
				  701.235
Stats. Implemented: ORS
				  701.091 &
				  701.122
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0350 - Individual

Current through Register Vol. 63, No. 7, July 1, 2024
"Individual", as used in ORS chapter 701, means a natural
				person.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0360 - Inspect

Current through Register Vol. 63, No. 7, July 1, 2024
"Inspect", as used in ORS
				701.005(5),
				means the examination of a structure or its appurtenances for the purposes of
				determining the condition of the structure, identifying construction faults,
				exposing potential maintenance problems, assessing life expectancy, and/or
				estimating repair costs, and does not include pest control examinations for
				non-wood-destroying organisms and does not include pest control examinations
				for wood destroying organisms except when conducted as part of an inspection
				for the transfer of real estate.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0380 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
"Insurance" required under ORS
				701.073 means public liability,
				personal injury and property damage insurance covering the work of the
				contractor, including coverage of liability for products and completed
				operations according to the terms of the policy and subject to applicable
				policy exclusions.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  670.600,
				  701.073
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0390 - Key Employee

Current through Register Vol. 63, No. 7, July 1, 2024
"Key employee" means an employee or owner of a contractor who
				is a corporate officer, manager, superintendent, foreperson, lead person or any
				other person who exercises management or supervisory authority over the
				construction activities of the business.
Stat. Auth.: ORS
				  670.310,
				  701.124 &
				  701.235
Stats. Implemented:
				  701.124
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0400 - Labor

Current through Register Vol. 63, No. 7, July 1, 2024
"Labor" as used in ORS
				701.140 means work subject to
				ORS Chapter 701 performed as an employee of a licensee.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0420 - Lapse in License

Current through Register Vol. 63, No. 7, July 1, 2024
"Lapse in license" as used in ORS
				701.063(4),
				701.131(2)(b),
				701.225(6)(b)
				and OAR chapter 812 commences at the time that a license expires, is suspended
				or is terminated for any reason and ends when the license is renewed, reissued
				or reinstated by the agency.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063,
				  701.131 &
				  701.225
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0430 - Large Commercial Structure

Current through Register Vol. 63, No. 7, July 1, 2024
"Large commercial structure" has the meaning given that phrase
				in ORS 701.005.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0440 - Last-Known Address of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Last-known address of record" for a
			 contractor, as used in ORS
			 701.117, or for a complainant
			 means the most recent of:
(a) The mailing
			 address provided by the contractor or complainant in writing to the agency,
			 designated by the contractor or complainant as the contractor's or
			 complainant's mailing address; or
(b) The forwarding address for the contractor
			 or complainant, so designated by the United States Postal Service, except as
			 provided in section 2 of this rule.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0443 - Legal Capacity to Enter into Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
"Legal capacity to enter into contracts" as used in ORS
				701.046(3)(b),
				means the attaining of the age of 18 for any sole proprietor, partner of any
				general partnership, limited liability partnership, limited partnership or
				joint venture, corporate officer, member, or any other persons similarly
				situated who holds or could hold the authority to enter into a contract on
				behalf of the licensed entity.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.046
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0450 - Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
"Licensee" shall include the:
(1) Sole proprietor that makes application to
			 license or subsequently operate the sole proprietorship;
(2) Partnership or limited liability
			 partnership and the partners who make application to license or subsequently
			 operate the partnership or limited liability partnership;
(3) Joint venture and the joint venturers who
			 make application to license or subsequently operate the joint
			 venture;
(4) Limited partnership
			 and the general partners who make application to license or subsequently
			 operate the limited partnership;
(5) Limited liability company and the members
			 who make application to license or subsequently operate the limited liability
			 company;
(6) Corporation and the
			 corporate officers who make application to license or subsequently operate the
			 corporation; or
(7) Trust and the
			 trustees who make application to license or subsequently operate the
			 trust.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0460 - Monetary Damages

Current through Register Vol. 63, No. 7, July 1, 2024
"Monetary damages" may include, but is not limited to:
(1) The dollar amount required in excess of
			 the contract amount to provide the complainant what was agreed to be provided
			 under the terms of the contract minus any amount due and unpaid the licensee;
			 or
(2) The dollar amount paid to
			 the licensee less the reasonable value of any work properly performed by the
			 licensee, plus the cost to demolish work that has no value, and to restore the
			 property to the condition it was in before work began.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.068 &
				  701.140
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0480 - Nature or Complexity

Current through Register Vol. 63, No. 7, July 1, 2024
"Nature or complexity" includes, but is not limited to the
				following meaning:
(1) Involves issues
			 requiring legal interpretation of statutes and case law that are not normally
			 part of a construction complaint;
(2) In the interest of fairness and equity,
			 requires rulings against persons or entities outside the jurisdiction of the
			 agency; or
(3) Involves issues and
			 fact determinations that are outside the expertise of the agency.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0500 - Nurseryman

Current through Register Vol. 63, No. 7, July 1, 2024
"Nurseryman" as used in ORS
				701.005 means any person who
				cares for nursery stock for sale, as defined in
				571.005(5).
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  571.005 &
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0520 - Occupancy

Current through Register Vol. 63, No. 7, July 1, 2024
"Occupancy" may occur at the time of but not be limited to the
				first occurring of any of the following events: a majority of furniture and
				personal belongings is moved in, utility service begins, certificate of
				occupancy is issued, resident prepares meals and remains
				overnight.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.010 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0530 - Office of Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
"Office of Administrative Hearings" means the Office of
				Administrative Hearings established under ORS
				183.605.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0533 - Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Officer", as
			 used in ORS Chapter 701 and these rules means:
(a) A person described as an "officer" in ORS
			 701.005;
(b) A partner in a partnership, or limited
			 liability partnership;
(c) A
			 responsible managing individual described in ORS
			 701.091; or
(d) A person who has a financial interest in
			 a business and manages or shares in the management of the business;
			 or
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0537 - Owner

Current through Register Vol. 63, No. 7, July 1, 2024
"Owner", as used in ORS
				701.005,
				701.046,
				701.094,
				701.098,
				701.102,
				701.227 and OAR 812-005-0210,
				means:
(1) A person described as an
			 "owner" in ORS 701.094;
(2) A general partner in a limited
			 partnership;
(3) A majority
			 stockholder in a corporation;
(4) A
			 manager in a manager-managed limited liability company;
(5) A member in a member-managed limited
			 liability company; or
(6) A person
			 who has a financial interest in a business and manages or shares in the
			 management of the business.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005,
				  701.010,
				  701.046,
				  701.094,
				  701.098,
				  701.227
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0540 - Owner of a Structure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Owner of a structure" means a person not required to be licensed under ORS
			 chapter 701 who:
(a) Has a structure built by
			 contractor;
(b) Purchases or enters
			 into an agreement to purchase a structure from a contractor or developer;
			 or
(c) Owns, leases, or rents a
			 structure on which alterations or repairs are being or have been
			 made.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0580 - Person

Current through Register Vol. 63, No. 7, July 1, 2024
"Person" means:
(1) An
			 individual, including, but not limited to a self-employed individual;
(2) A partnership, joint venture, limited
			 liability partnership, or limited partnership;
(3) A corporation;
(4) A trust;
(5) A limited liability company; or
(6) Other entity.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  87.005,
				  87.093,
				  445.080,
				  656.021,
				  656.029 & 701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0600 - Primary Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
"Primary contractor" is an entity who has a contract, either
				oral or written, with the owner of a structure to perform work subject to ORS
				Chapter 70l, or who is building a structure speculatively, or who is holding
				itself out to be a licensed contractor in connection with a structure it owns;
				who may engage one or more subcontractors to perform all or part of the work;
				and who may have responsibility for the entire project which is the subject of
				the contract. Responsibility for the entire project includes coordinating work,
				seeing that prompt and proper payment is made to all subcontractors and
				suppliers, thereby preventing the filing of construction liens against the
				property.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0620 - Registrant

Current through Register Vol. 63, No. 7, July 1, 2024
"Registrant" has the same meaning as
				licensee.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0630 - Reinstate

Current through Register Vol. 63, No. 7, July 1, 2024
A license is reinstated when licensure is approved by the Board
				after a lapse that occurred because the license was suspended. A reinstated
				license is effective from the date that the suspension ends.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063,
				  701.068 &
				  701.098(4)
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0635 - Reissue

Current through Register Vol. 63, No. 7, July 1, 2024
A license is reissued when licensure is approved by the Board
				after a lapse that occurred because the licensee failed to renew the license
				and failed to provide proof of bonding, letter of credit, or cash deposit
				coverage and insurance coverage during the lapse. A reissued license is
				effective from the date that the lapse ends.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063 &
				  701.068
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0640 - Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
"Renewal" (of license) as used in ORS
				701.063,
				701.068 and
				701.131 includes but is not
				limited to the act of submitting a replacement bond, a bond rider, or letter of
				credit or cash deposit, a certificate of insurance, a fee, the renewal form,
				any employer account numbers and any pre-licensure training.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  670.310,
				  701.056,
				  701.063,
				  701.068,
				  701.073,
				  701.088,
				  701.131 &
				  701.238
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0660 - Residential Structure

Current through Register Vol. 63, No. 7, July 1, 2024
"Residential structure" has the meaning given that term in ORS
				701.005. A residential structure
				includes, but is not limited to:
(1) A
			 structure or work associated with placing a manufactured dwelling on support
			 blocking or permanent foundations, connecting modular elements of the dwelling
			 together and constructing appurtenances to the dwelling at the location where
			 the dwelling will be occupied as a residence.
(2) Work associated with tree pruning, tree
			 and stump removal, and tree and limb guying regardless of whether the tree or
			 stump is associated with a residential, small commercial or large commercial
			 structure.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0670 - Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
"Respondent" means a contractor that a complaint is filed
				against under ORS 701.131 to
				701.180 or that the board
				proposes to impose a civil penalty against under ORS Chapter 701, including but
				not limited to 701.992.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.131 -
				  701.180
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0673 - Signed by Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
"Signed by respondent," as used in OAR 812-004-0340  or
				812-004-1340, means signed by the respondent, if the respondent is a sole
				proprietorship, or an owner, officer, employee or authorized agent of the
				respondent.
Stat. Auth.: ORS
				  670.310,
				  701.133 &
				  701.235
Stats. Implemented: ORS
				  701.133
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0675 - Small Commercial Structure

Current through Register Vol. 63, No. 7, July 1, 2024
"Small commercial structure" has the meaning given that term in
				ORS 701.005.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005,
				  701.021,
				  701.139,
				  701.145,
				  701.146,
				  701.150 &
				  701.153
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0677 - Specialty Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
"Specialty contractor" means a contractor who performs work on
				a structure, project, development or improvement and whose business
				operations:
(1) Require the use of two
			 or fewer unrelated building trades or crafts; or
(2) If a residential contractor, require the
			 use of more than two unrelated building trades or crafts that the specialty
			 contractor supervises, subcontracts to be performed or performs, provided that
			 the sum of all contracts (including labor and materials) on any single property
			 does not exceed $2,500.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0680 - Speculative

Current through Register Vol. 63, No. 7, July 1, 2024
"Speculative" means in anticipation of or with the intent of
				selling to another entity during or after construction.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0700 - Structure

Current through Register Vol. 63, No. 7, July 1, 2024
"Structure" means that which is built or constructed, an
				edifice or building of any kind, or any piece of work artificially built up or
				composed of parts joined together in some definite manner, or an improvement
				attached to real estate or any part thereof as described in ORS
				701.005.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  87.058,
				  279C.460,
				  646.605 & 701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0720 - Subcontractor

Current through Register Vol. 63, No. 7, July 1, 2024
"Subcontractor" is an entity who has a contract, either oral or
				written, with a contractor but not with the owner of the structure to perform
				work subject to ORS Chapter 701 and who is responsible for a specific portion
				of the entire project.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  279C.555 &
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0740 - Substantial Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 701.143, "Substantial
			 completion" occurs when a person in the position of the owner would reasonably
			 conclude that the contractor had fulfilled its obligations under the contract
			 and that final payment was due.
(2)
			 In the absence of evidence to the contrary, the agency may find that
			 substantial completion occurred at the time of the first occurring of any of
			 the following events: final inspection is completed, certificate of occupancy
			 is issued, the structure or portion of structure is in a habitable or usable
			 condition, or most or all of payment is made if all of the payment was not
			 advanced before work was complete.
(3) Work under a warranty provision of a
			 contract or repair to already completed work does not extend the date of
			 substantial completion, except that removal and replacement of completed work
			 may extend the date of substantial completion to the date the replacement work
			 was substantially complete for purposes of a complaint arising from the
			 replacement work only.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.143
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0760 - Work as a Contractor Includes

Current through Register Vol. 63, No. 7, July 1, 2024
"Work as a contractor", as used in ORS
				701.021 includes, but is not
				limited to:
(1) Except as modified by
			 section (8) of this rule, construction, alteration, repair, improvement,
			 inspection, set-up, erection, moving, or demolition of a structure or any other
			 improvement to real estate, including activities performed on-site in the
			 normal course of construction, or receiving and accepting any payments for the
			 above.
(2) Concrete, asphalt and
			 other testing that involves structural modifications, and soils testing
			 associated with planned or existing structures.
(3) Construction management.
(4) Excavation, backfill, grading, and
			 trenching for the structure or its appurtenances or to accomplish proper
			 drainage and not for landscaping.
(5) Improvement of lots with the intent of
			 selling lots with structure(s). This may include contracting with a primary
			 contractor to construct, alter or improve structures.
(6) Inspection of cross connections and
			 testing of backflow prevention devices performed by persons licensed under ORS
			 448.279 by the Health Division
			 except when performed by a person licensed as a landscape contracting business
			 as provided under ORS
			 671.510 through
			 671.710 or when performed by an
			 employee of a water supplier as defined in ORS
			 448.115.
(7) Labor only, regardless of whether
			 compensated by the hour or by the job.
(8) Pest control, if in the course of that
			 work any structural modifications are performed. Structural modifications do
			 not include the following when performed by a pesticide operator licensed under
			 ORS 634.116. Installation of soil
			 vapor barriers; sealing of holes, cracks, construction junctures or other small
			 openings that allow the ingress of pests with mortar, plaster, caulking, or
			 similar materials; installation of screens, bird netting and bird repellent
			 devices; installation of rodent shields around utility entrances, doorways and
			 other points of rodent ingress; and drilling of holes equal to or smaller than
			 3/8 inch in diameter for the purpose of injecting insecticides into small
			 voids, removal and replacement of floor tiles for the purpose of drilling a
			 slab floor for the control of subterranean termites; and the drilling of slab
			 floors for control of termites.
(9)
			 Shoring.
(10) Shelving attached to
			 a structure.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  448.115,
				  448.279,
				  671.510-671.710,
				  701.005,
				  701.021 &
				  701.026
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0780 - Work as a Contractor Does Not Include

Current through Register Vol. 63, No. 7, July 1, 2024
"Work as a contractor", as used in ORS
				701.021, does not
				include:
(1) Sign painting unless the
			 total area of all signs is more than 60 square feet.
(2) Work performed by persons engaged in
			 creating objects, which exist exclusively for aesthetic reasons and have no
			 other function, for example, murals, sculptures, etc., if said work by such
			 person does not incorporate electrical or plumbing.
(3) Work performed by government agencies,
			 except a school district.
(4) Work
			 performed in setting, placing, removing, or repairing grave markers or
			 monuments in cemeteries.
(5) Work
			 by an employee when both the employer and employee are in compliance with
			 applicable employer/employee requirements of ORS Chapters 305, 314, 316, 317,
			 318, 656, 657, and state and federal wage and hour laws.
(6) Concrete pumping.
(7) Utility connections done by utility
			 company employees when the connection is owned by a utility company.
(8) Installation or repair of stand-alone
			 industrial equipment when such activities are exempt from the requirement for a
			 building permit under the Oregon Structural Specialty Code.
(9) Inspections done under contract with
			 government agencies.
(10) Cable
			 television work done by cable television franchise holders.
(11) Operation of a crane, including the
			 lifting and placement of trusses or other construction materials onto the
			 structure.
(12) Improvement of lots
			 with the intent of selling the lots without structures when contracting with
			 licensed contractors to perform the improvement of lots.
(13) Arranging for work to be performed by a
			 licensed construction contractor when the person who arranges for the work is a
			 real estate licensee, licensed under ORS Chapter 696; the real estate licensee
			 is representing the seller of the property; and the real estate licensee is
			 acting as the agent for the seller, as evidenced by a contract or agreement
			 between the real estate licensee and the seller.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  634.116,
				  701.010,
				  701.021 &
				  701.026
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0800 - Work Period

Current through Register Vol. 63, No. 7, July 1, 2024
"Work Period" as used in, OAR 812-003-0150, 812-004-0320,
				812-004-0600, 812-004-1320  and 812-004-1600  means the time period from the date
				a contractor accepts a payment, offers a written proposal, enters into a
				contract or begins construction, whichever occurs first, until the date the
				contractual work is substantially completed by the contractor, or if not
				substantially completed, the date the work by the contractor
				ceased.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.133,
				  701.139,
				  701.140,
				  701.145, &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0100 - Licensing Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 license and its identifying license number will be issued to one entity only.
			 Other entities shall not be included in that license, but each shall be
			 separately licensed and shall separately meet the licensing requirements. No
			 entity may perform work subject to ORS Chapter 701 through the use of another
			 entity's license.
(2) Entities
			 shall include but not be limited to the following:
(a) Sole proprietorship;
(b) Partnership, limited liability
			 partnership or joint venture;
(c)
			 Limited partnership;
(d)
			 Corporation;
(e) Limited liability
			 company; or
(f) Trust. For purposes
			 of licensing, a trust will be treated the same as a
			 corporation.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0110 - Standards of Behavior

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 contractor shall not engage in dishonest or fraudulent conduct injurious to the
			 welfare of the public.
(2) A
			 contractor shall cooperate fully with any investigation undertaken by the Board
			 pursuant to ORS 701.225.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.098 &
				  701.225
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0120 - License Required to Advertise

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall advertise or otherwise
			 hold out to the public that person's services as a contractor unless that
			 person holds a current, valid license, nor shall any person claim by
			 advertising or by any other means to be licensed, bonded, or insured unless
			 that person holds a current, valid license.
(2) License number in advertising and
			 contracts:
(a) All newsprint classified
			 advertising and newsprint display advertising for work subject to ORS chapter
			 701 prepared by a contractor or at the contractor's request or direction, shall
			 show the contractor's license number.
(b) All written bids, written inspection
			 reports and building contracts subject to ORS chapter 701 shall show the
			 contractor's license number.
(c)
			 All telephone directory space ads and display ads shall show the contractor's
			 license number.
(d) All
			 advertisements by audio-only media, such as radio commercials, must contain an
			 audible statement of the contractor's license number.
(e) All advertisements by video media or
			 video and audio combined media, such as television commercials, must show
			 visually the contractor's license number.
(f) All advertising by internet media,
			 including but not limited to, website advertising must show visually the
			 contractor's license number.
(g)
			 All business cards, business letterhead, business signs at construction sites
			 and all other written or visual advertising shall show the contractor's license
			 number. Written or visual advertising does not include permanently affixed or
			 attached signs at a contractor's place, or places, of business that primarily
			 and prominently display the contractor's name.
(h) This section does not apply to
			 promotional gifts, including, but not limited to, pencils, pens, cups and items
			 of clothing.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0131 - License Endorsements

Current through Register Vol. 63, No. 7, July 1, 2024
The following are license endorsements for new and renewal
				licenses:
(1) Residential General
			 Contractor. A licensee holding this endorsement may bid or perform work
			 involving an unlimited number of unrelated building trades or crafts on
			 residential or small commercial structures.
(2) Residential Specialty Contractor. A
			 licensee holding this endorsement may:
(a) Bid
			 or perform work involving two or less unrelated building trades or crafts on
			 residential or small commercial structures.
(b) If three or more unrelated trades or
			 crafts are performed or subcontracted out, the entire contract price cannot
			 exceed $2,500.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0142 - License Application Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Except as provided in section (6) of this rule, the
				application fee for all new, renewal, or reissued licenses is $325.
(2)  Except as provided in section (6) of this rule, for the
				period from July 1, 2019, through June 30, 2021, the application fee for all
				new, renewal, or reissued licenses is $250.
(3)  Except as provided in section (4) of this rule, application
				fees will not be refunded.
(4)  If a licensee submits an application to renew a license and
				the agency cannot renew the license because the applicant has formed a new
				business entity, the agency may refund the renewal application fee, less a $40
				processing fee.
(5)
(a)  Any licensee in the United States armed forces need not
				pay a license renewal fee if such fee would be due during the licensee's active
				duty service.
(b)  A licensee in the United States armed forces shall pay the
				next license renewal fee that will become due after the licensee is discharged
				from active duty service.
(c)  The agency may request that the licensee provide
				documentation of active duty status and of discharge.
(d)  Section (5) of this rule applies to licensees that are sole
				proprietors or partners in a general partnership.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0152 - Residential Bonds Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A properly executed residential bond must:
(a)
			 Be signed by an authorized agent of the surety or by one having power of
			 attorney; must bear a bond number; and must be filed within the time stated on
			 the bond.
(b) Be in the form
			 adopted by the Construction Contractors Board as the "Construction Contractors
			 Board Residential Surety Bond" dated September 28, 2015.
(c) Be filed with the Construction
			 Contractors Board within sixty (60) days from the date the bond is executed by
			 the surety.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0153 - Commercial Bonds Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A properly executed commercial bond must:
(a)
			 Be signed by an authorized agent of the surety or by one having power of
			 attorney; must bear a bond number; and must be filed within the time stated on
			 the bond.
(b) Be in the form
			 adopted by the Construction Contractors Board as the "Construction Contractors
			 Board Commercial Surety Bond" dated September 28, 2015.
(c) Be filed with the Construction
			 Contractors Board within sixty (60) days from the date the bond is executed by
			 the surety.