Construction Contractors and Contracts

ORS 701.540
Licensing

  • standards and practices
  • rules


(1)

As used in this section:

(a)

“Board-up services” means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry.

(b)

“Man-made or natural disaster” means a fire, flood, earthquake, crime or other sudden event that causes a structure or the contents of a structure to suffer damage as described in rules adopted by the Construction Contractors Board.

(c)

“Restoration work” means the performance, on a residential or small commercial structure, of:

(A)

Nonroutine cleaning, water removal, personal property inventory or other services undertaken because of damage to the structure, or to the contents of the structure, that was caused by a man-made or natural disaster;

(B)

Debris removal that does not require demolition work on the structure; and

(C)

Board-up services.

(d)

“Restoration work” does not mean:

(A)

The repair or replacement of physical components of a structure;

(B)

Demolition of all or part of a structure; or

(C)

Except as provided in paragraph (c)(C) of this subsection, any work on a residential or small commercial structure that requires a license endorsement listed in subsection (3)(b)(A) to (C) or (E) to (H) of this section.

(2)

(a) The board may issue a licensee an endorsement as a residential restoration contractor. A license endorsement as a residential restoration contractor authorizes the licensee to perform restoration work, but does not authorize the performance of other contractor activities.

(b)

Notwithstanding ORS 701.122 (Training requirements for individuals and businesses), the board may not require a residential restoration contractor to take a test measuring the knowledge of the contractor regarding business practices and laws affecting construction contractors.

(c)

ORS 701.082 (Residential contractor continuing education requirements) does not apply to residential restoration contractors, but the board may establish continuing education requirements for residential restoration contractors by rule.

(3)

For purposes of ORS 701.021 (License requirement) (1), the appropriate license endorsements to arrange for, undertake, offer to undertake or submit a bid to do restoration work for compensation, or with the expectation to be compensated, are:

(a)

The following if the work is on a residential structure:

(A)

Residential general contractor.

(B)

Residential specialty contractor.

(C)

Residential limited contractor.

(D)

Residential restoration contractor.

(b)

The following if the restoration work is on or in connection with a small commercial structure:

(A)

Residential general contractor.

(B)

Residential specialty contractor.

(C)

Residential limited contractor.

(D)

Residential restoration contractor.

(E)

Commercial general contractor level 1.

(F)

Commercial specialty contractor level 1.

(G)

Commercial general contractor level 2.

(H)

Commercial specialty contractor level 2.

(4)

The board may adopt rules to regulate the arranging, undertaking, offering to undertake and submission of bids for restoration work by licensees of the board, including but not limited to rules establishing minimum standards of practice and professional conduct for the offering or performance of restoration work. [2015 c.498 §2]
Chapter 701

Notes of Decisions

This is a remedial statute made for the protection of the building business and of people dealing with builders who might be irresponsible; it should be read as a whole and liberally construed to accomplish its purpose. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)

Atty. Gen. Opinions

Lack of authority for director to appoint executive secretary for board, (1971) Vol 35, p 930; inapplicability of this chapter to business of construction or installation of fences, sidewalks, septic tanks, wells and underground sprinkling systems, (1972) Vol 35, p 1278; mobile home as personal or real property under this chapter, (1972) Vol 36, p 41; application of Homebuilders Law to mobile homes, (1978) Vol 38, p 693


Source

Last accessed
Jun. 26, 2021