reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0162 - Special Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
Exemption from Pre-Licensure Training for Sole Proprietorships
				Seeking a New License as a Residential General Contractor or Residential
				Specialty Contractor under Oregon Laws 2018, Chapter 46, Sections 1 and
				2.
(1) Pursuant to Oregon Laws 2018,
			 chapter 46, sections 1 and 2, an individual operating as a sole proprietorship
			 may seek a new license as a residential general contractor or residential
			 specialty contractor without completing prelicensure training, provided that:
(a) The sole proprietorship otherwise meets
			 the qualifications for a license as a residential general contractor or
			 residential specialty contractor, including, but not limited to, obtaining and
			 maintaining a required bond and insurance policy;
(b) The sole proprietorship is not precluded
			 from being licensed by ORS
			 701.098,
			 701.106 or
			 701.107;
(c) The individual owner of the sole
			 proprietorship is not precluded from being licensed as an owner, officer or
			 responsible managing individual described under ORS
			 701.102;
			 and
(d) The individual owner of the
			 sole proprietorship has eight or more years of full-time work experience in the
			 construction, alteration, repair, addition to or improvement of residential
			 structures or small commercial structures.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0164 - Pre-License Training Alternative

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants whose RMI's complete and pass the Contractor
				Pre-License Business, Law, and Project Management, Training Institute course,
				developed by an Oregon community college Small Business Development Center,
				under an Intergovernmental Agreement, will satisfy the pre-licensure training
				requirement and testing requirement set forth in ORS
				701.122.
Statutory/Other Authority: ORS
				  670.310,
				  701.122  & 701.235
Statutes/Other Implemented: ORS
				  701.122
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0200 - Pre-Licensure Training Provider Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR 812-006-0160  and 812-006-0164, no pre-licensure training shall meet the requirements of ORS
			 701.122 unless it is offered by a pre-licensure training provider approved by the
			 agency under this rule.
(2) To
			 receive agency approval, individuals and organizations shall make application
			 and sign an agreement with the agency prior to offering the pre-licensure
			 training.
(3) The pre-licensure
			 training provider application shall include, but will not be limited to,
			 provisions for:
(a) Recording the name,
			 address, contact information, and name of responsible administrator of the
			 pre-licensure training provider.
(b) Submitting trainer resumes or work
			 summaries that demonstrate that all its trainers have at least four years work
			 experience or four years education, or any combination of both, in subject
			 areas that they instruct as outlined in the agency-approved reference
			 manual.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0205

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.122 &
				  701.235
Stats. Implemented: ORS
				  701.122
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0250 - Pre-Licensure Training Subjects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may evaluate and approve
			 pre-licensure training based on written evaluation criteria approved by the
			 Training and Education Committee and made available to pre-licensure training
			 providers. The agency may revoke a pre-licensure training provider's right to
			 offer pre-licensure training if a pre-licensure training provider's training
			 does not meet the approved criteria.
(2) The hours of pre-licensure training
			 required under OAR 812-006-0150  shall consist of the following topics:
(a) Construction Contractors Board:
(A) Role and authority, licensing
			 requirements, application procedures and major divisions and
			 functions;
(B) Dispute resolution
			 processes;
(C) Business
			 entities;
(D) Mandatory consumer
			 notices;
(E) Rights and
			 responsibilities of consumers and contractors;
(F) Independent contractor
			 requirements;
(G) Exempt and
			 non-exempt contractors;
(H) License
			 endorsements and requirements for bonds and insurance;
(I) Special licenses;
(J) Written contract requirements;
(K) Warranty and maintenance schedule
			 requirements;
(L) Enforcement
			 program; and
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0300 - Pre-Licensure Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The test required in ORS
			 701.122 shall cover the subjects listed in OAR 812-006-0250.
(2) A person seeking to take the test shall:
(a) Pay any fees required by the test
			 administrator;
(b) Provide approved
			 U.S. government-issued picture identification to the test
			 administrator;
(c) Pay for the
			 authorized translator needed to take the test; and
(d) Complete the test within a time limit
			 approved by the agency.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0310 - Pre-Licensure Testing Based on NASCLA Accredited Examination for Commercial General Building Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 RMI may satisfy the pre-licensure requirements by passing the NASCLA Accredited
			 Examination for Commercial General Building Contractors and the Oregon
			 pre-licensure test developed by the CCB.
(2) Proof of passing the NASCLA Accredited
			 Examination for Commercial General Building Contractors is established when the
			 name of the RMI is entered in the NASCLA National Examination Database (NED).
(3) Passing the NASCLA Accredited
			 Examination for Commercial General Contractors and the Oregon pre-licensure
			 test qualifies as pre-licensure testing under ORS
			 701.122, regardless of when the
			 tests were taken and passed.
Stat. Auth.: ORS
				  670.310,
				  701.122 &
				  701.235
Stats. Implemented: ORS
				  701.122
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0350 - Pre-Licensure Testing Subversion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Testing subversion is the use of any
			 means to alter the results of a test to cause the results to inaccurately
			 represent the competency of an examinee. Testing subversion includes, but is
			 not limited to:
(a) Communication between
			 examinees inside the testing room;
(b) Giving or receiving any unauthorized
			 assistance on the test while the test is in process;
(c) Having any printed or written matter or
			 other devices in the examinee's possession during the test except:
(A) The Oregon Construction Contractor's
			 Reference Manual; and
(B) One
			 language translation book.
(d) Obtaining, using, buying, selling,
			 distributing, having possession of, or having unauthorized access to secured
			 test questions or other secured examination material prior to, during or after
			 the administration of the examination;
(e) Copying another examinee's answers or
			 looking at another examinee's materials while a test is in process;
(f) Permitting anyone to copy answers to the
			 test;
(g) Copying or removing any
			 test questions from the testing area;
(h) Allowing another person to take the test
			 in the examinee's place;
(i)
			 Writing notes or questions in the Oregon Construction Contractor's Reference
			 Manual or language translation book during the test; or
(j) Leaving the room during the
			 test.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0400 - Pre-Licensure Training and Testing Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The pre-licensure training and testing
			 required under ORS
			 701.122(1)
			 and (3) will be valid for 24 months from the
			 date the responsible managing individual passed the test.
(2) Section (1) of this rule does not apply
			 to an RMI that meets the experience requirements under OAR
			 812-006-0450.
(3) Section (1) of
			 this rule does not apply to an RMI that meets the training and testing
			 requirements of OAR 812-006-0160  and 812-006-0310.
(4) Pre-license training and testing pursuant
			 to OAR 812-006-0164  will be valid for 24 months from the date the Responsible
			 Managing Individual (RMI) successfully completes and passes the entire
			 Contractor Pre-License Business, Law, and Project Management Training Insitutue
			 course developed by an Oregon community college Small Business Development
			 Center, under an Intergovernmental Agreement pursuant to OAR
			 812-006-0164.
Statutory/Other Authority: ORS
				  670.310,
				  701.122  & 701.235
Statutes/Other Implemented: ORS
				  701.122
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0450 - Pre-Licensure Experience

Current through Register Vol. 63, No. 7, July 1, 2024
In order for a responsible managing individual to demonstrate
				experience under ORS
				701.005(16)(c)(B):
(1) The individual must be listed on the
			 agency's license records before July 1, 2000, as having been a sole proprietor,
			 partner, venturer, member, corporate officer, trustee, or responsible managing
			 individual of a business licensed under ORS Chapter 701 before July 1,
			 2000;
(2)
(a)The license of the business described in
			 section (1) of this rule has not lapsed, or if lapsed, has lapsed for not more
			 than the 24 month period prior to the date of the application; or
(b)
(A) If
			 the individual is listed on multiple license records as a sole proprietor,
			 partner, venturer, member, corporate officer, trustee or responsible managing
			 individual, the licensed business with which the individual is currently
			 associated must not have lapsed for more than the 24-month period prior to the
			 date of the application; and
(B)
			 The individual must have been similarly and continuously associated with one or
			 more licensed contractors during the time period beginning before July 1, 2000,
			 until the date of the application.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0000 - Authority, Purpose, Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority. These rules are promulgated in accordance with and under the
			 authority of ORS 701.505 to
			 701.520 and
			 701.995.
(2) Purpose. These rules establish a system
			 to license contractors as lead-based paint (LBP) activities contractors and as
			 certified LBP renovation contractors.
(3) Scope. These rules:
(a) Prescribe the requirements for, and the
			 manner of, licensing applicants.
(b) Establish fees.
(c) Prescribe actions that constitute failure
			 to achieve or maintain licensing requirements, or that otherwise are contrary
			 to the public interest, for which the board may deny, suspend or revoke a
			 license.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0015 - Federal Regulations Adopted by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as indicated herein, the board
			 adopts, by reference, 40 CFR 745, Subpart D (Lead-Based Paint Hazards), Subpart
			 E, (Residential Property Renovation) and Subpart L (Lead-Based Paint
			 Activities).
(2) The board does not
			 adopt the following regulations:
(a)
									40 CFR §
										745.87 (Enforcement and
			 inspections);
(b)
									40
			 CFR §
										745.91 (Suspending, revoking, or
			 modifying an individuals or firm's certification);
(c)
									40
			 CFR §
										745.225 (Accreditation of training
			 programs);
(d)
									40
			 CFR §
										745.226 (Certification of
			 individuals and firms engaged in lead-based paint activities: target housing
			 and child-occupied facilities);
(e)
									40
			 CFR §
										745.235 (Enforcement);
(f)
									40
			 CFR §
										745.237 (Inspections);
(g)
									40
			 CFR §
										745.238 (Fees for accreditation
			 and certification of lead-based paint activities);
(h)
									40 CFR §
										745.239 (Effective dates).
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to division 7 of OAR chapter
				812.
(1) "Abatement"40
			 CFR 745.223.
(2) "Accredited training program" means a
			 training program provisionally accredited or accredited by the OHA, the
			 Environmental Protection Agency (EPA) or an EPA-authorized state or tribal
			 program.
(3) "Certified lead-based
			 paint renovation contractor" means a construction contractor that is licensed
			 by the board to conduct LBP renovation under ORS
			 701.515.
(4) "Certified renovator"40
			 CFR 745.83.
(5) "Child-occupied facility"40
			 CFR 745.83,
			 745.223.
(6) "Component or building component"40
			 CFR 745.83,
			 745.223.
(7) "Course completion certificate" means
			 documentation issued by an accredited training program to an individual as
			 proof of successful completion of an accredited renovator training program
			 (initial or refresher).
(8)
			 "Deteriorated lead-based paint"40
			 CFR 745.223.
(9) "Dust-lead hazard"40 CFR
			 745.65.
(10) "Emergency renovation operations"40 CFR
			 745.80.
(11) "Inspection"40
			 CFR 745.223.
(12) "Lead abatement contractor" means a
			 construction contractor that is licensed by the board to perform
			 abatement.
(13) "Lead assessor" or
			 "risk assessor"40
			 CFR 745.223.
(14) "Lead-based paint" or "LBP"40
			 CFR 745.223.
(15) "Lead-based paint activities"40
			 CFR 745.223.
(16) "Lead inspection contractor" means a
			 construction contractor that is licensed by the board to perform inspections or
			 risk assessments.
(17) "Lead
			 inspector"40
			 CFR 745.223.
(18) "Lead supervisor"40
			 CFR 745.223.
(19) "Lead worker" or "lead abatement worker"40
			 CFR 745.223.
(20) "Minor repair and maintenance"40
			 CFR 745.83.
(21) "Prohibited or restricted work
			 activities"40 CFR
			 745.85(a)(3).
(22) "Recognized test kit"40
			 CFR 745.83.
(23) "Renovation"40
			 CFR 745.83.
(24) "Renovation Right Pamphlet"40
			 CFR 745.83.
(25) "Risk assessment"40
			 CFR 745.223.
(26) "Soil lead hazard"40 CFR
			 745.65.
(27) "Target housing"40
			 CFR 745.223.
Stat. Auth.: ORS
				  670.310,
				  701.235 & 701.515
Stats. Implemented: ORS
				  701.505-701.520
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0025 - Construction Contractors Board Lead-Based Paint Activities Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil penalties
			 imposed under ORS 701.995 will be deposited to the
			 Construction Contractors Board LBP Activities Fund.
(2) The board will use the monies in the
			 Construction Contractors Board LBP Activities Fund for lead poisoning
			 prevention, including consumer and industry outreach, public education, and
			 enforcement activities.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515,
				  701.520 &
				  701.995
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0031 - License Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall issue a license and pocket card effective on the date on which the
			 license becomes effective under OAR 812-007-0120, 812-007-0130, 812-007-0220,
			 812-007-0230, 812-007-0320  or 812-007-0330.
(2) A license and pocket card is valid for
			 the term for which it is issued.
(3) If a license becomes invalid, the agency
			 may require the return of the license and pocket card.
(4) There is no charge for the original
			 license and pocket card issued by the agency.
(5) There is a $10 fee to replace a license
			 and pocket card.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  192.440(4)(a),
				  701.063,
				  701.238
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0032 - Mailing and E-mail Address Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals licensed to engage in LBP
			 activities, contractors licensed to engage in LBP activities and certified LBP
			 renovation contractors shall notify the board of any change in mailing or
			 e-mail addresses while licensed and for one year following the license
			 expiration date. Such persons must notify the board within 10 days after
			 changing an address.
(2) No charge
			 will be made for a mailing or e-mail address change to the board's
			 records.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.117 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0100 - Licenses Required for Lead-Based Paint Activities - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
No individual shall offer to perform or perform LBP activities
				in target housing or child-occupied facilities without first receiving
				certification from OHA and a license from the board, unless such individual is
				exempt from the board's licensing requirements. The following are individuals
				that perform LBP activities:
(1) Lead
			 assessor;
(2) Lead
			 inspector;
(3) Lead
			 supervisor;
(4) Lead
			 worker.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0115 - Temporary Authorization for Military Spouse - Lead Based Paint (LBP) Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 spouse of an active-duty member of the United States Army, Army Active Guard
			 Reserve, Navy, Marine Corps, Air Force, Air Force Active Guard Reserve, or
			 Coast Guard stationed in Oregon may obtain a temporary authorization as a lead
			 assessor, lead inspector, lead supervisor or lead worker valid until the
			 earliest of the following:
(a) Two years from
			 the date of issue;
(b) The date the
			 applicant's spouse completes the spouse's active-duty service in Oregon;
			 or
(c) The date the applicant's
			 authorization issued by another state expires.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0110 - Application and Eligibility Requirements for Lead-Based Paint Activity Licenses - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual applying for a license as a lead assessor must submit the following:
(a) Completed application on a form provided
			 by the board;
(b) The fee
			 established in OAR 812-007-0160; and
(c) Proof that OHA certified the individual
			 as a certified risk assessor.
(d)
			 Copy of OHA photo identification badge.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0120 - Effective Dates of New License and License Term for Lead-Based Activity Licenses - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of the license will be the date the applicant meets all board
			 requirements, including, but not limited to, the receipt of the fee required
			 under OAR 812-007-0160.
(2) All
			 licenses issued will be non-transferable and will be effective for one year
			 from the date of issue.
(3) All
			 licenses will be assigned a unique number.
(4) An applicant for a license may withdraw
			 the application at any time before issuance of the license upon written request
			 to the board.
(5) If the board
			 denies the license, it shall state, in writing, the reasons for
			 denial.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0130 - Renewal of Lead-Based Paint Activity Licenses - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals licensed under these rules may renew their licenses
				by submitting the following:
(1) A
			 properly completed application for license renewal on a form provided by the
			 board;
(2) The fee established in
			 OAR 812-007-0160; and
(3) Proof
			 that the individual is certified by OHA.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0150 - Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 board may deny, suspend, or revoke an individual's license on the following
			 grounds:
(a) Obtaining OHA certification
			 through misrepresentation of certification requirements such as education,
			 training, professional registration, or experience;
(b) Gaining admission to or completing
			 continuing education by misrepresenting initial or previous
			 education;
(c) Obtaining a license
			 through invalid documentation;
(d)
			 Permitting the duplication or use of the license by another;
(e) Failing to comply with applicable work
			 practice standards in
			 40
			 CFR 745.227; or
(f) Being subject to a final administrative
			 order or criminal conviction based on engaging in a prohibited act under rules
			 of OHA or the board.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0160 - Fees for Lead-Based Paint Activity Licenses - Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All license and
			 renewal application fees are non-refundable and non-transferrable.
(2) The following fees are established:
(a) Lead assessor, $50/year.
(b) Lead inspector, $50/year.
(c) Lead supervisor, $50/year.
(d) Lead worker, $25/year.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0200 - Licenses Required for Lead-Based Paint Activities - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No contractor
			 shall offer to perform or perform LBP abatement in target housing or
			 child-occupied facilities without first receiving certification from OHA and a
			 license from the board as a lead abatement contractor, unless such contractor
			 is exempt from the certification or licensing requirements.
(2) No contractor shall offer to perform or
			 perform LBP inspection or risk assessment in target housing or child-occupied
			 facilities without first receiving certification from OHA and a license from
			 the board as a lead inspection contractor, unless such contractor is exempt
			 from the certification or licensing requirements.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0205 - Qualified Owner or Employee Required for Lead-Based Paint Activities - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 lead abatement contractor must, at all times, have at least one owner or
			 employee who is a licensed lead supervisor.
(2) A lead inspection contractor must, at all
			 times, have at least one owner or employee who is a licensed lead inspector or
			 a licensed lead risk assessor.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0210 - Application and Eligibility Requirements for Lead-Based Paint Activity Licenses - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person applying for a license as a lead abatement contractor must submit the
			 following:
(a) Completed application on a form
			 provided by the board;
(b) Proof
			 that the person is licensed by the board as a construction
			 contractor;
(c) The fee established
			 in OAR 812-007-0260;
(d) Proof that
			 the applicant is owned by or employs one or more persons who are licensed lead
			 supervisor(s); and
(e) Proof that
			 OHA certified the person as qualified to perform abatement.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0220 - Effective Dates of New License and License Term for Lead-Based Activity Licenses - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of the license will be the date the applicant meets all board
			 requirements, including, but not limited to, the receipt of the fee required
			 under OAR 812-007-0260.
(2) All
			 licenses issued will be non-transferable and will be effective for one year
			 from the date of issue.
(3) All
			 licenses will be assigned a unique number.
(4) An applicant for a license may withdraw
			 the application at any time before issuance of the license upon written request
			 to the board.
(5) If the board
			 denies the license, it shall state, in writing, the reasons for
			 denial.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0230 - Renewal of Lead-Based Paint Activity Licenses - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
Persons licensed under these rules may renew their licenses by
				submitting the following:
(1) A
			 properly completed application for license renewal on a form provided by the
			 board;
(2) Proof that the person is
			 licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0260;
			 and
(4) Proof that the contractor
			 is certified by OHA.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0250 - Denial, Suspension or Revocation of License for Lead-Based Paint Activities-Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board may deny, suspend, or revoke a
			 license of a lead abatement contractor or a lead inspection contractor on the
			 following grounds:
(a) Obtaining a license
			 through invalid documentation;
(b)
			 Permitting the duplication or use of the license by another;
(c) Violating a rule of the board;
(d) Failing to comply with applicable work
			 practice standards set forth in
			 40
			 CFR 745.227;
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0260 - Fees for Lead-Based Paint Activity Licenses - Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All license and
			 renewal application fees are non-refundable and non-transferrable.
(2) The following fees are established:
(a) Lead abatement contractor,
			 $50/year.
(b) Lead inspection
			 contractor, $50/year.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0300 - License Required for Lead-Based Paint Renovation

Current through Register Vol. 63, No. 7, July 1, 2024
No contractor shall offer to perform or perform renovation in
				target housing or child-occupied facilities without first receiving a certified
				LBP renovation contractor license from the board, unless such contractor is
				exempt from the board's licensing requirements.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0302 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.505-701.520
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0310 - Application and Eligibility Requirements for Certified Lead-Based Paint Renovation Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
A person applying to become a certified LBP renovation
				contractor must submit the following:
(1) Completed application on a form provided
			 by the board;
(2) Proof that the
			 person is licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0360;
			 and
(4) Proof that the licensee is
			 owned by or employs at least one individual who has a current and valid course
			 completion certificate evidencing that the individual is a certified renovator
			 as provided in
			 40
			 CFR 745.83.
Stat. Auth.: ORS
				  670.310,
				  701.235 & 701.515
Stats. Implemented: ORS
				  701.510 & 701.515 8-25-17,
				  cert. ef. 9-1-17
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0320 - Effective Dates of New License and License Term for Certified Lead-Based Paint Renovation Contractor License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The effective date of the license will be
			 the date the applicant meets all board requirements, including but not limited
			 to the receipt of the fee required under OAR 812-007-0360.
(2) All licenses issued will be
			 non-transferable and will be effective for one year from the date of
			 issue.
(3) All licenses will be
			 assigned a unique number.
(4) An
			 applicant for a license may withdraw the application at any time before
			 issuance of the license upon written request to the board.
(5) If the board denies the license, it shall
			 state, in writing, the reasons for denial.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0323 - License Surrender

Current through Register Vol. 63, No. 7, July 1, 2024
A certified LBP renovation contractor may request that the
				board accept the surrender of its license.
(1) The license remains in effect until the
			 board accepts the surrender.
(2) If
			 the board accepts the surrender, the board will notify the licensee of the date
			 the license terminates.
(3) The
			 board will not accept the surrender if an investigation of or disciplinary
			 action against the licensee is pending.
(4) The licensee must cease renovating target
			 housing or child-occupied facilities from the date the license terminates
			 through the remainder of the license period.
(5) The board will not reinstate the
			 surrendered license.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0330 - Renewal of Certified Lead-Based Paint Renovation Contractor License

Current through Register Vol. 63, No. 7, July 1, 2024
Persons licensed under these rules may renew their licenses by
				submitting the following:
(1) A
			 properly completed application for license renewal on a form provided by the
			 board;
(2) Proof that the person is
			 licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0360;
			 and
(4) Proof that the licensee is
			 owned by or employs at least one individual who has a current and valid course
			 completion certificate evidencing that the individual is a certified renovator
			 as provided in
			 40
			 CFR 745.83.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0340 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0350 - Denial, Suspension or Revocation of Certified Lead-Based Paint Renovation Contractor License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 board may deny, suspend, or revoke a license of a certified LBP renovation
			 contractor on the following grounds:
(a)
			 Obtaining a license through invalid documentation;
(b) Permitting the duplication or use of the
			 license by another;
(c) Violating a
			 rule of the board; or.
(d)
			 Violating
			 40 CFR §
										745.84 (information distribution
			 requirements),
			 40 CFR §
										745.85 (work practice standards), or
			 40 CFR §
										745.86 (recordkeeping and reporting
			 requirements).
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0360 - Fees for Certified Lead-Based Paint Renovation Contractor Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All license and
			 renewal application fees are non-refundable and non-transferrable.
(2) The fee for a certified LBP renovation
			 contractor license is $50/year.
(3)
			 If the board receives payment of fees by check and the check is returned to the
			 agency as an NSF check, the board will charge the applicant $25 in addition to
			 the required fees.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0370 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0372 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 7 - LICENSING OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITY › Section 812-007-0374 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.515
Stats. Implemented: ORS
				  701.510 &
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0000 - Authority, Purpose, Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority. These rules are promulgated in accordance with and under the
			 authority of ORS chapter 701.
(2)
			 Purpose.
(a) The purpose of these rules is to
			 create a program to certify home inspectors.
(b) These rules prescribe the requirements
			 for certification and practices of individuals, and licensing of businesses
			 engaged in home inspections.
(c)
			 These rules cover businesses and all individuals who offer to undertake, submit
			 a bid to undertake or undertake a home inspection.
(d) These rules identify when an inspection
			 and report that is limited to one or more specific systems or components of a
			 residential structure or appurtenance is not a sufficient assessment of the
			 overall physical condition of the structure or appurtenance to constitute the
			 services of a home inspector.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0030 - Certification and License Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (3) of this
			 rule, no individual shall undertake, offer to undertake or submit a bid to do
			 work as an Oregon certified home inspector without first receiving
			 certification to do same from the agency and without being an owner or employee
			 of a business that is licensed with the agency.
(2) Except as provided in section (3) of this
			 rule, no business shall undertake, offer to undertake or submit a bid to do
			 work as an Oregon certified home inspector without first becoming licensed with
			 the agency as a residential general contractor, a residential specialty
			 contractor, or a home inspection services contractorand without having an owner
			 or employee who is an Oregon certified home inspector by the agency.
(3) The following persons are exempt from the
			 requirements of this rule.
(a) Persons
			 registered each year as a general contractor under ORS chapter 701 during the
			 period from January 1, 1991, through August 11, 1997, as provided in section
			 (3)(b) of chapter 814, 1997 Oregon Laws.
(b) Persons performing an energy audit or
			 issuing a report on an energy audit.
(c) Persons performing a forensic evaluation
			 or issuing a report on a forensic evaluation.
(d) Persons performing home performance
			 testing or issuing a report on a home performance testing.
(e) Persons who assign home energy
			 performance scores for residential buildings.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0045 - Temporary Authorization for Military Spouse - Home Inspectors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A spouse of an
			 active-duty member of the United States Army, Army Active Guard Reserve, Navy,
			 Marine Corps, Air Force, Air Force Active Guard Reserve, or Coast Guard
			 stationed in Oregon may obtain a temporary authorization as a home inspector
			 valid until the earliest of the following:
(a)
			 Two years from the date of issue;
(b) The date the applicant's spouse completes
			 the spouse's active-duty service in Oregon; or
(c) The date the applicant's authorization
			 issued by another state expires.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0040 - Application Requirements and Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual must submit the following
			 to qualify for certification:
(a) An
			 application on a form provided by the agency;
(b) The fee established in OAR 812-008-0110;
(c) If applicable, CCB number and
			 name of employing licensee;
(d)
			 Proof of minimum of 20 education points as set forth in sections (3) and (4) of
			 this rule;
(e) Evidence of
			 successful passage of the National Home Inspector Examination; and
(f) A signed statement that the individual
			 has read and understands the home inspector standards of behavior, as set forth
			 in OAR 812-008-0201, and the home inspector standards of practice, as set forth
			 in 812-008-0202  through 812-008-0214.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0050 - Examination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Beginning October 1, 2015, home inspector applicants shall successfully pass
			 the National Home Inspector Examination created and graded by the Examination
			 Board of Professional Home Inspectors.
(2) National Home Inspector Examinations
			 passed before October 1, 2015, may be used if the applicant applies for
			 certification on or after October 1, 2015.
(3) The examination shall be administered at
			 a test center in Oregon designated by the Examination Board of Professional
			 Home Inspectors or in any other state that administers the National Home
			 Inspector Examination.
(4)
			 Successful applicants will submit their official score sheet to the agency. The
			 agency may verify with the Examination Board of Professional Home Inspectors
			 the validity of any official score sheet.
(5) Retesting after a failed examination will
			 be administered in accordance with protocols of the Examination Board of
			 Professional Home Inspectors.
(6)
			 This requirement does not apply to any home inspector certified by the agency
			 before October 1, 2015, whose certification is current and in good
			 standing.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.350
Stats. Implemented: ORS
				  701.350 &
				  701.355
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0060 - Certification Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of the certificate will be the date applicant meets all agency
			 requirements, including but not limited the receipt of the fee required under
			 OAR 812-008-0110.
(2) A unique
			 certification number will be assigned to each certificate.
(3) All certificates shall be issued in the
			 name of the individual who passed the test.
(4) An application for certification may be
			 withdrawn upon receipt of a written request to the agency at any time prior to
			 the issuance of the certification.
(5) When granted, the certificate shall be
			 mailed to the applicant.
(6) If
			 denied, the agency shall state, in writing, the reasons for denial.
(7) A certificate shall be non-transferable
			 and shall be effective for two years from date of issue.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.350
Stats. Implemented: ORS
				  701.350 &
				  701.355
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0065 - Mailing and E-mail Address Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certified home inspectors shall notify
			 the board of any change in mailing or e-mail addresses while certified and for
			 one year following the certification expiration date. Such persons must notify
			 the board within 10 days after changing an address.
(2) No charge will be made for a mailing or
			 e-mail address change to the board's records.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.117 &
				  701.350
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0070 - Requirements for Renewal of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Oregon certified home inspector shall
			 submit the following to the agency for renewal of certification:
(a) A properly completed renewal application
			 on an agency form; and
(b) The
			 renewal fee as required under OAR 812-008-0110; and
(c) Copies of completion certificates or
			 other proof of completion listing no less than 30 continuing education units
			 (CEUs) completed by the Oregon certified home inspector during the two years
			 immediately preceding the expiration date of the certification for which
			 renewal is sought.