DRAFT NOTICE OF PUBLIC MEETING - Oregon Board/2017 4-26...will be spreading the word about this page at CCB classes and outreach events. I. ADJOURNED: The meeting adjourned at 10:13

2017 4-26 agenda.docx

Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2228 Fax: (503) 373-2007 E-mail: [email protected] Web: www.oregon.gov/ccb

State of Oregon Honorable Kate Brown, Governor

NOTICE OF PUBLIC MEETING CCB Board Meeting Wednesday, April 26, 2017

9:30 a.m. – 12:30 p.m. 201 High St SE, 1st Floor, Hearings Room, Salem, Oregon

Page Meeting Called to Order Approval of the Agenda……………………………………………………………….. ................ ACTION ITEM (pg 1) Approval of the Minutes (3/22/2017)…………………………………………………. ............... ACTION ITEM (pg 2) Board Calendar:

Next Meeting: Teleconference, May 24, 2017 (Hearings Room, 1st floor) ........................................ (pg 4) Public Comment

Agency Reports 1. 2017 - Yearly Outreach Report (Cheryl Martinis) ........................................................................ (pg 5) 2. Statistical Reports 4th Quarter 2015-17 Biennium (Laurie Hall) .................................................. (pg 11) 3. Licensing Statistics as of 4/1/17 (Laurie Hall) ............................................................................. (pg 31) 4. Budget Report (Dana Ziemantz) ................................................................................................. (pg 32) 5. Field Investigation Section Quarterly Report (Stan Jessup) ....................................................... (pg 33) 6. Compliance Section Quarterly Report (Stan Jessup) ................................................................. (pg 34) 7. Dispute Resolution Services Quarterly Report (Stan Jessup) .................................................... (pg 35)

Old Business

New Business 1. Enforcement Consent Agenda (Stan Jessup). ........................................................... ACTION ITEM (pg 36) 2. Proposed Rule Changes (Laurie Hall). ....................................................................................... (pg 54) 3. Election of Officers (Jim Patrick). ............................................................................................... (no attachment)

Adjournment

The Board may meet in executive session under authority of ORS 192.660 from time to time. The specific statutory basis for the executive session will be announced on the record prior to the commencement of the executive session. Executive sessions are closed to the public.

The Board may recess the public meeting, in order to deliberate privately, under authority of ORS 192.690(1). The public meeting will then reconvene for the purpose of decision-making.

The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to Leslie Culpepper (503) 934-2228.

DRAFT 4/14/2017

http://www.oregon.gov/ccb

MINUTES OF THE MARCH 22, 2017 CONSTRUCTION CONTRACTORS BOARD MEETING

The Construction Contractors Board (CCB) met in teleconference on Wednesday, March 22, 2017, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon.

Attendees: Board members present: Board Vice Chair Jerry Jones Jr., Dylan Bochsler and Sandi Warren

Board members appearing by phone: Chair Jim Patrick, Jim Kitchin, Eric Olson, Kurt Bolser, Susan Steward

Staff: Administrator Jim Denno, Communications & Education Manager Cheryl Martinis, Enforcement Manager Stan Jessup, Licensing Manager Laurie Hall, Board Secretary Leslie Culpepper, Enforcement Support Supervisor Sara Heinz, Compliance Officer Matt Day, Compliance Officer Patrick Rectenwald

Guests: Sara Coghill

A. MEETING CALLED TO ORDER:Chair Patrick called the meeting to order at 9:31 a.m.

Stan Jessup announced that the Appeals Committee for enforcement file #113243 was cancelledbecause Appeal was withdrawn.

B. APPROVAL OF MINUTES:

MOTION: Eric Olson moved to approve the amended February 1, 2017 Board meetingminutes and the February 22, 2017 Board meeting minutes. Sandi Warren seconded the motion.Motion carried unanimously.

C. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting isscheduled for April 26, 2017 in the Hearings Room on the first floor at 201 High Street SE,Salem, Oregon.

D. PUBLIC COMMENT:1. No public comment.

E. AGENCY REPORTS:1. Agency Update

a) A bill (HB 3189) has been introduced that would establish Building Codes Division asa standalone department. The bill has not been schedule for a hearing as yet.

b) The RMI bill (SB 336) passed in the senate and is waiting for a hearing in the HouseCommittee on Business and Labor.

DRAFT 3-23-17

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c) We have also been providing input on HB 2153 regarding interior designers. Original bill language would have blurred the line between an interior designer and a general contractor. The bill has been amended to address our concerns.

2. Licensing Laurie Hall reported on licensing statistics. Call center volume is higher as well. Call volume is driven in large part by increased construction activity and questions regarding continuing education requirements. IT issues also generates calls as users look for help navigating our systems. 3. Business Services and Human Resources Jim Denno reported that the proposed license fee reduction was approved by Department of Administrative Services and will be considered as part of the agency budget by Ways and Means.

F. OLD BUSINESS

1. No old business.

G. NEW BUSINESS 1. Proposed Rule Changes CCB Managers went over proposed rule changes in the board packet. The proposed rule changes will:

a) Establish a contracting endorsement for construction flaggers. b) Repeal Dispute Resolution rules that were originally for complaints filed before July 1,

2011. These rules are obsolete. c) Amend the rules to require dual licensees to meet the greater commercial CE

requirements while exempting them from the lesser residential CE requirements. d) Amend the rules for commercial and residential contractors to require CE every time an

inactive license is activated. e) Repeal fees associated with continuing education per the CCB budget bill, SB 5511. f) Temporarily reduce the license fee for the 2017-19 biennium per SB 5511.

Board members approved of the proposed rule changes. Staff will draft rule language for the Board to review at the April meeting. 2. Buyer Beware Web Page Stan Jessup announced that the CCB has been working on a Buyer Beware webpage for the CCB website. This page will alert consumers to the top violators of contractor laws who owe money to consumers, have skipped out on jobs or who owe large civil penalties. The Agency will be spreading the word about this page at CCB classes and outreach events.

I. ADJOURNED:

The meeting adjourned at 10:13 a.m. 2017 3-22 mins.docx

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24-MayTeleconference Board

Meeting1st Floor

Hearings Room

*Board meetings begin at 9:30 a.m.**Unless otherwise stated, board meetings are held at 201 High St. SE, Salem, OR 97301

1st FloorHearings Room

CCB Board Meeting Calendar, 2017


LOCATION









6-DecTeleconference Board

Meeting

27-SepTeleconference Board

Meeting

25-Oct Board MeetingKPM 10 – Best practices survey

finalized

26-JulTeleconference Board

MeetingNew officers terms begin, Budget

review

23-Aug Board Meeting

26-Apr Board Meeting Election of officers

28-Jun Board Meeting

22-Feb Board Meeting

22-MarTeleconference Board

Meeting

MONTH MEETING TYPE NOTED ITEMS

25-JanTeleconference Board

Meeting

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2017 - Yearly Outreach ReportStart DateWhat End Date Where Notes Partners

Partners

CCB Sponsored Class

Start DateWhat End Date Where Notes

2/17/2017Oregon Wastewater Association Meeting Valley River Inn, Eugene 1 hour CCB credit Larry Fipps/OSHA

2/23/2017CCB - Salem Class CCB Office, First Floor Training Room Workers' Compensatin, OSHA, DEQ

3/3/2017Florence Events Center Florence Event Center, 715 Quince St, Florence OR 97439

Facility rental

3/10/2017Eugene Class at Lane County Home & Garden Show (2017)

3/10/2017 Lane Community College - Downtown campun 101 W 10th Ave, Rm 303

CE dept. arrives by 7 a.m., 1st floor where pick up key card. Projector and computer in room.

Lane Regional Air Pollution Agency, OSHA, Workers' Comp

4/5/2017CCB - Grants Pass Class Rogue Community College (Redwood Campus) 3345 Redwood Hwy, Rogue Auditorium

DEQ, OSHA, Workers' Comp.

4/6/2017CCB - Medford Class Rogue Community College (RCC/SOU Higher Ed Center, 101 S Bartlett, Rm 129B)

DEQ, OSHA, Workers' Comp.

4/7/2017CCB - Klamath Class Klamath Community College, Center for Entrepreneurship, 803 Main St, Suite 103

Workers' Comp.

Wednesday, April 12, 2017 Page 1 of 65 of 67

Start DateWhat End Date Where Notes Partners

4/18/2017CCB - Bend Central Oregon Comm. College, 2600 NW College Way; Pioneer Bldg, Hitchcock Auditorium (seats 129)

Check with Cheryl for AV instructions and parking pass.

4/20/2017Buildright Conference Lake Oswego, Oregon Cheryl waiting for invite

4/26/2017NWUCA Conference Northwest Utilities Contractors Assoc (Excavators)

SunRiver

5/16/2017CCB - Wilsonville Class Clackamas Community College/PGE campusl 29353 SW Town Center Loop E, Rm W155, Wilsonville Campus

Room capacity is 36. Stop at front reception desk for remote for ceiling projector and cord covers.

5/23/2017CCB - Pendleton Class Blue Mountain Community College, 2144 NW Carden Ave, Morrow Hall Rm M-19.

541-278-5833

5/24/2017CCB - La Grande Class Eastern Oregon University SBDC, Integrated Services Bldg, Rm 147, 1607 Gekeler Lane, La Grande

541-062-1532

5/25/2017CCB - Baker Class Baker City Hall, 1655 First St 541-524-2036

5/26/2017CCB - John Day Class City of John Day Fire Hall, 316 South Canyon Rd, Conf. Rm

Will need to stop by the night before prior to 4 p.m or at 8 a..m. to pick up key. Room holds 20. We need our projector and computer.

6/13/2017CCB - Astoria Class Clatsop Community College, 1651 Lexington Ave, Astoria OR 97103

See what Mary has in Astoria



6/14/2017CCB - Tillamook Class Tillamook Bay Community College, 4301 Third St, Rm 208, Tillamook

Laura will come talk about SBDC, 503-584-8222 x 1420

6/15/2017CCB - Lincoln City Oregon Coast Community College, North County Center, Rm 108, 3788 SE High School Dr

541-867-8541

6/20/2017CCB - Corvallis Class Linn-Benton SBDC, Benton Center, 757 NW Park Ave Rm BC-204

Check in front desk. Should be available by 7:45 a.m.

6/22/2017CCB - Salem Class CCB Office, First Floor Training Room

11/9/2017CCB - Salem Class CCB Office, First Floor Training Room

11/21/2017CCB - Wilsonville Class Clackamas Community College, PGE Campus, 29353 SW Town Center Loop E, Rm W155, Wilsonville Campus

11/30/2017JLC Live 12/1/2017 Portland Convention Center

Partners

Home/Trade Show


1/13/2017Mid-Valley Home Show (2017) 1/15/2017 Oregon State Fairgrounds 1/13 Cheryl 11-7; 1/14 Tami 10-7; 1/15 Jenni 10-5



1/28/2017Fix-It-Fair (Portland) George Middle School, 10000 N Burr Ave, Portland Talked to dozens of North Portland families

2/23/2017Portland Spring Home & Garden Show (2017) 2/26/2017 Portland Expo Center 2/23 & 2/24 Jenni; 2/25 & 2/26 Tori

2/25/2017Fix-It-Fair (Portland) Madison High School, 2735 NE 82nd Ave, Portland 3/9 5-9; 3/10 5-9; 3/11 10-8 - Space 1324; Exhibitor #15260

3/1/2017Jackson County Senior Fair (2017) Medford Armory, 1701 S Pacific Hwy, Medford OR 97501

3/3/2017Umpqua Valley HBA Home & Garden Show (2017) 3/5/2017 Douglas County Fairgrounds - Roseburg Booth $450 + $250 refundable deposit; 3/2 & 3/3 Cheryl; 3/4 & 3/5 Tami

3/3/2017Florence Home & Garden Show (2017) 3/5/2017 Florence Events Center, 715 Quince Street, Florence, OR 97439

$195 with av equip supplied; no agreement or insurance cert. needed. Table and chair included with booth.

3/9/2017Lane County Home & Garden Show (2017) 3/12/2017 Lane Events Center/Convention Center, 796 W 13th Ave, Eugene, OR 97402

Space 304. 500 watts electricity included, no table or chair. Floorcovering required. Can rent from DWA

3/17/2017Mid-Valley Yard, Garden & Home Show (2017) 3/19/2017 Oregon State Fairgrounds 3/17 Cherly; 3/18 Tami/ 3/19 Jenni OHA wants to join CC. Conat Ryan Barker OR Health Authority

3/23/2017Governor's Marketplace 3/23/2017 Salem Convention Center Cheryl and tickets in file



3/24/2017Oregon Building Officials Association Eugene Hilton

4/1/2017Grants Pass Home & Garden Show (2017) no show this year They did not hold a spring home and garden show in 2017

4/7/2017Klamath Basin HBA Home & Garden Show (2017) 4/9/2017 Klamath Falls Fairgrounds They are giving professional courtesy free booth next to them.

4/21/2017Linn County Spring Home Show (2017) (Albany) 4/23/2017 Linn County Expo Center (Albany) Space #609, table & chair not included.

5/5/2017Central Oregon Spring Home & Garden Show (2017) (Redmond)

5/7/2017 Deschutes County Fair & Expo Center, Redmond, Oregon

5/11/2017Oregon Association of Minority Entrepreneurs (OAME)

Portland - Oregon Convention Center; share booth with Employment Division

Sharing booth with Employment Dept.; Trevor is contact. [email protected]

5/23/2017Medford - Access Senior Fair Medford Armory, 1701 S Pacific Hwy, Medford OR 97501

The show has been moved from 4/25/17 to 5/23/17.

10/3/2017Senior Fair - Chinook Winds Casino Lincoln City Chinook Winds Casino Lincoln City

10/6/2017Eugene Home Show 10/8/2017 Lane Event Center



Partners

Speaking Event


1/17/2017Realtors Buckley Law 12 attendees

1/31/2017Mid-Oregon Construction Safety Summit Riverhouse on Deschutes 259 attendees; about a dozen questions to us, a couple regarding CE

2/2/2017Salem Realtor Association Scottish Rite Temple, S Commercial St by McDonalds, Salem

40-70 realtors; 2 hours

2/17/2017Oregon Wastewater Association Meeting Valley River Inn, Eugene 1 hour CCB credit. Cheryl discussed CCB updates.

4/20/2017Realtors (Oak Knoll golf course - West Salem)

4/21/2017Jack Graham law firm hosting property mgt gathering

Mill Creek Inn new Denny's

7/8/2017OREA Details to come 503-515-1833

12/7/2017Presentation to SBDC - Latino Focus Milwaukie


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CCB LICENSING STATISTICS AS OF 4/1/17

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 20,455 Residential Specialty 8,574 Residential Limited 1,687 Residential Developer 194 Residential Locksmith Services 61 Residential Home Inspector Services 209 Residential Home Services Contractors 25 Residential Home Energy Performance Score Contractors 9 Inactive 1,013 TOTAL RESIDENTIAL LICENSEES 32,227 Commercial General Level 1 1,524 Commercial General Level 2 4,433 Commercial Specialty Level 1 738 Commercial Specialty Level 2 2,475 Commercial Developer 62 Inactive 229 TOTAL COMMERCIAL LICENSEES 9,461 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

37,152

HISTORICAL STATISTICS: Highest # of contractors – 46,426 on 12/31/07 Lowest # of contractors – 34,428 on 12/31/13

LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,490 CERTIFICATIONS Home Inspectors 575 Locksmiths 470 EEAST 26 Home Energy Assessors 29

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Dana Zeimantz, Business Services Manager Date: April 17, 2017 Subject: Budget Report & Section Update

Budget

The Construction Contractors Board Budget Reports for February and March 2017, are:

Budget Report for February 2017: ♦ Actual Revenue $757,894 ♦ Actual Expenditures $618,158

Budget Report for March 2017:

♦ Actual Revenue $931,521 ♦ Actual Expenditures $532,996

Biennial Budget Summary ♦ Actual current Revenue for the biennium: $13,702,631, which is ahead of

Projected Revenue for the 2015-17 biennium. ♦ Actual current Expenditures for the biennium: $11,445,286 which is slightly below

Projected Expenses for the 2015-17 biennium. Currently the agency has approximately 9 months of operating cash flow.

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Laurie Hall, Cheryl Martinis, Stan Jessup Date: April 3, 2017 Subject: Proposed Rule Changes

The Board reviewed proposed rule changes at the March 22, 2017 meeting. Below are the recommended rule changes. Draft rule language is attached. The target effective date for these rules is July 1, 2017. CONSTRUCTION FLAGGING CONTRACTOR ISSUE: The 2015 legislature passed SB 596, now codified as ORS 701.470, creating a new construction flagging contractor endorsement. SOLUTION: Amend rules to establish construction flagging contractor endorsement. ACTION: Amend OAR 812-003-0131, 812-003-0171, 812-003-0221 (Draft Rule Language: Pages 56-58) OLD DISPUTE RESOLUTION PROCESS ISSUE: The laws related to the dispute resolution process changed in 2011. These rules were originally adopted to handle complaints filed before July 1, 2011, and are no longer needed. SOLUTION: Repeal old dispute resolution process rules, and amend 812-004-1001 to reflect that there are no longer two paths for processing claims. ACTION: Repeal OAR Chapter 812 Division 4; amend OAR 812-004-1001 (Draft Rule Language: Page 59) CE REQUIREMENTS FOR LICENSEES WITH DUAL ENDORSEMENTS ISSUE: Licensees who hold both residential and commercial endorsements must complete both residential and commercial continuing education. Differing course requirements, reporting requirements and verification requirements make this very confusing to licensees. At a minimum of 16 hours per license period, the commercial requirement is greater than the residential requirement.

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SOLUTION: Amend rules to require dual licensees to meet the greater commercial CE requirement and exempt them from the lesser residential requirement. ACTION: Amend OAR 812-020-0071 and 812-022-0021 (Draft Rule Language: Pages 59-60) CE REQUIREMENTS FOR INACTIVE LICENSES ISSUE: Different and inconsistent requirements for licenses that are inactive for a portion of the license period make it difficult for contractors to know how much CE is needed for their renewal. SOLUTION: Amend current rules for both residential and commercial, requiring CE every time a license is activated, unless CE was completed at their last renewal. ACTION: Amend OAR 812-020-0085 and 812-022-0040; adopt a new rule, OAR 812-020-0080 (Draft Rule Language: Pages 60-62) CONTINUING EDUCATION FEES (Per CCB budget bill, SB 5511) ISSUE: The 2017-19 CCB Budget eliminates fees associated with continuing education. SOLUTION: Repeal or amend rule sections noted below. ACTION: Repeal OAR 812-022-0016, 812-022-0026, 812-022-0027, and 812-022-0029; Amend OAR 812-022-0000, 812-022-0025, and 812-022-0028 (Draft Rule Language: Pages 62-66) TEMPORARY LICENSE FEE REDUCTION (Per SB 5511) ISSUE: The 2017-19 CCB Budget includes a temporary reduction of the CCB license fee from $325 to $250 for the duration of the biennium. SOLUTION: Amend rule to set the license fee at $250 effective from July 1, 2017 through June 30, 2019. ACTION: Amend OAR 812-003-0142 (Draft Rule Language: Page 66-67)

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DRAFT RULE LANGUAGE

Proposed Rules

Explanation

CONSTRUCTION FLAGGING CONTRACTOR

812-003-0131 License Endorsements

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.

(3) Residential Limited Contractor. A licensee holding this endorsement may bid or perform work involving residential or small commercial structures, as long as all of the following conditions are met:

(a) The licensee’s annual gross business sales do not exceed $40,000.

(b) The licensee does not enter into a contract in which the contract price exceeds $5,000.

(c) If the contract price in a contract for work performed by the licensee is based on time and materials, the amount charged by the licensee shall not exceed $5,000.

(d) The licensee consents to inspection by the Construction Contractors Board of its Oregon Department of Revenue tax records to verify compliance with paragraph (3)(a) of this rule.

(e) For purposes of this section, “contract” includes a series of agreements between the licensee and a person for work on any single work site within a one-year period.

(4) Residential Developer. A licensee holding this endorsement may develop property zoned for or intended for use compatible with a residential or small commercial structure as long as the licensee meets the conditions in ORS 701.042.

(5) Residential Locksmith Services Contractor. A licensee holding this endorsement may operate a business that provides the services of locksmiths for residential or small commercial structures. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or employee who is a certified locksmith.

(6) Home Inspector Services Contractor. A licensee holding this endorsement may operate a business that provides the services of home inspectors. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or

Adds Construction Flagging Contractor to the license endorsements issued by CCB.

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employee who is a certified home inspector. (7) Home Services Contractor. A licensee holding this

endorsement may operate a business that provides service, repair or replacement pursuant to the terms of a home service agreement. The licensee may not, however, engage in any other contractor activities.

(8) Home Energy Performance Score Contractor. A licensee holding this endorsement may operate a business that assigns home energy performance scores. The licensee may not, however, engage in any other contractor activities. The licensee must have at least one owner or employee who is a certified home energy assessor.

(9) Residential Restoration Contractor. A licensee holding this endorsement may perform restoration work on residential or small commercial structures. A licensee holding this endorsement is not licensed to engage in any other contractor activities.

(10) Commercial General Contractor – Level 1. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on small or large commercial structures.

(11) Commercial Specialty Contractor – Level 1. A licensee holding this endorsement may bid or perform work involving two or less unrelated building trades or crafts on small or large commercial structures.

(12) Commercial General Contractor – Level 2. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on small or large commercial structures.

(13) Commercial Specialty Contractor – Level 2. A licensee holding this endorsement may bid or perform work involving two or less unrelated building trades or crafts on small or large commercial structures.

(14) Commercial Developer. A licensee holding this endorsement may develop property zoned for or intended for use compatible with a small or large commercial structure as long as the licensee meets the conditions in ORS 701.042.

(15) Construction Flagging Contractor. A licensee holding this endorsement may direct or control the flow of motor vehicle traffic on a public roadway to prevent or reduce conflict between the flow of traffic and construction activity on or near the roadway.

(15) (16) A contractor’s license may contain: (a) One residential endorsement; (b) One commercial endorsement; or (c) One residential endorsement and one commercial endorsement. Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.042, 701.081, and 701.084, 701.470

and 701.540 (2/08, 12/13 eff. 1/1/14)

812-003-0171 Bond, Letter of Credit or Cash Deposit

For all new and renewal license applications, a surety bond as required under ORS 701.068, or a surety bond, letter of credit or cash deposit as required under ORS 701.088, must be in one of the following amounts:

Adds a $20,000 bond (or letter of credit) for a Construction Flagging Contractor license endorsement.

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(1) Residential General Contractor - $20,000. (2) Residential Specialty Contractor - $15,000. (3) Residential Limited Contractor - $10,000. (4) Residential Developer - $20,000. (5) Residential Locksmith Services Contractor -- $10,000. (6) Home Inspector Services Contractor -- $10,000. (7) Home Services Contractor -- $10,000. (8) Home Energy Performance Score Contractor - $10,000. (9) Residential Restoration Contractor - $10,000. (10) Commercial General Contractor Level 1 - $75,000. (11) Commercial Specialty Contractor Level 1 - $50,000. (12) Commercial General Contractor Level 2 - $20,000. (13) Commercial Specialty Contractor Level 2 - $20,000. (14) Commercial Developer - $20,000. (15) Construction Flagging Contractor - $20,000. Stat. Auth.: ORS 670.310, 701.068, 701.088 and 701.235 Stats. Implemented: ORS 701.068, 701.081, 701.084, 701.088,

701.470 and 701.540 (2/08, 12/13 eff. 1/1/14)

812-003-0221 Insurance Amounts

For all new and renewal license applications, insurance amounts as required under ORS 701.073, 701.081, and 701.084, must be in one of the following amounts:

(1) Residential General Contractor - $500,000 per occurrence. (2) Residential Specialty Contractor - $300,000 per occurrence. (3) Residential Limited Contractor - $100,000 per occurrence. (4) Residential Developer - $500,000 per occurrence. (5) Residential Locksmith Services Contractor - $100,000 per

occurrence. (6) Home Inspector Services Contractor - $100,000 per

occurrence. (7) Home Services Contractor - $100, 000 per occurrence. (8) Home Energy Performance Score Contractor - $100,000 per

occurrence. (9) Residential Restoration Contractor - $100,000 per occurrence. (10) Commercial General Contractor Level 1 - $2,000,000

aggregate. (11) Commercial Specialty Contractor Level 1 - $1,000,000

aggregate. (12) Commercial General Contractor Level 2 - $1,000,000

aggregate. (13) Commercial Specialty Contractor Level 2 - $500,000 per

occurrence. (14) Commercial Developer - $500,000 per occurrence. (15) Construction Flagging Contractor - $500,000 per

occurrence. Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.073, 701.081, and 701.084, 701.470

and 701.540 (2/08, 12/13 eff. 1/1/14)

Adds a $500,000, per occurrence, minimum liability insurance policy for a Construction Flagging Contractor license endorsement.

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OLD DISPUTE RESOLUTION PROCESS OAR 812, Division 4

Repeal all OAR 812, Division 4, rules for complaints filed before July 1, 2011.

812-004-1001 Application of Rules

(1) The rules in 812-004-1001 to 812-004-1600 apply to [all] complaints filed under ORS 701.145 [on or after July 1, 2011].

(2) The following rules apply to [a complaint] complaints filed under ORS 701.146:

(a) OAR 812-004-1001 through 812-004-1240; (b) OAR 812-004-1260 through 812-004-1320; (c) OAR 812-004-1340, except 812-004-1340(2)(c), (2)(i) and (8); (c) OAR 812-004-1420; (d) OAR 812-004-1520; and (e) OAR 812-004-1600. Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 701.133, 701.139, 701.140, 701.145, &

701.146 (temp. 7/8/11, 9/11 eff. 10/1/11, 4/12 eff. 5/1/12)

Amend OAR 812-004-1001 because rules that applied to complaints filed before July 1, 2011, will be repealed.

CE REQUIREMENTS FOR LICENSEES WITH DUAL ENDORSEMENTS

812-020-0071 Hours Earned as Residential Contractor – Continuing Education for Commercial Contractors

Notwithstanding OAR 812-022-0021(10), a [A] commercial contractor also endorsed as a residential contractor may take credit for continuing education earned under ORS 701.082 and OAR division 22.

Stat. Auth.: ORS 670.310, 701.086 & 701.235 Stats. Implemented: ORS 701.082 & 701.086 (6/09, 6/14 eff. 7/1/14, 6/16 eff. 7/1/16)

Amends rule to work with OAR 812-022-0021(10), which exempts “dual” contractors from residential continuing education requirements.

812-022-0021 Exemptions from Continuing Education – Continuing Education for Residential Contractors (SB 783)

(1) Residential contractors subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693 do not need to satisfy the continuing education requirements. These contractors include, but are not limited to:

(a) Electrical contractors subject to regulation under ORS 479.510 to 479.945.

(b) Plumbing contractors subject to regulation under ORS 447.040 and chapter 693.

(c) Boiler contractors subject to regulation under ORS 480.510 to 480.670.

(d) Elevator contractors subject to regulation under ORS 479.510 to 479.945.

(e) Renewable energy contractors subject to regulation under ORS 479.510 to 479.945.

Amends rule to exempt “dual” endorsed contractors – i.e. contractors endorsed as commercial and residential contractors – from residential continuing education.

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(f) Pump installation contractors subject to regulation under ORS 479.510 to 479.945.

(g) Limited sign contractors subject to regulation under ORS 479.510 to 479.945. (2) Residential contractors endorsed only as residential developers do not need to satisfy the continuing education requirement.

(3) Contractors owned by or having an officer or an employee who is an electrician licensed under ORS 479.510 to 479.945 do not need to satisfy the continuing education requirement.

(4) Contractors owned by or having an officer or an employee who is a plumber licensed under ORS chapter 693 do not need to satisfy the continuing education requirement.

(5) Contractors owned by or having an officer or an employee who is an architect registered under ORS 671.010 to 671.020 do not need to satisfy the continuing education requirement.

(6) Contractors owned by or having an officer or an employee who is a professional engineer licensed under ORS 672.002 to 672.325 do not need to satisfy the continuing education requirement.

(7) Contractors licensed as landscape contracting businesses under ORS 671.510 to 671.760 do not need to satisfy the continuing education requirement.

(8) Contractors owned by or having an employee who is a home inspector certified under ORS 701.350 do not need to satisfy the continuing education requirement.

(9) Contractors certified as master builders under ORS 455.810 do not need to satisfy the continuing education requirement.

(10) Contractors holding both a residential endorsement under ORS 701.081 and a commercial endorsement under ORS 701.084 do not need to satisfy the residential continuing education requirements.

Stat. Auth.: ORS 670.310, 701.082, 701.083, & 701.235 Stats. Implemented: ORS 701.082 and 701.083 (10/24/13, temp. 11/26/13, 2/6/14, temp. 3/26/14, 6/14 eff. 7/1/14,

6/16 eff. 7/1/16)

CE REQUIREMENTS FOR INACTIVE LICENSES

812-020-0080 Inactive Status During the License Period or Upon Renewal – Continuing Education for Commercial Contractors

(1) If a contractor is inactive at the time of renewal and seeks to renew in active status, the contractor must complete all commercial continuing education required under OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the inactive period.

(2) If a contractor is inactive at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete commercial continuing education required under OAR 812-020-0065 and 812-020-0070. (3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete

New rule. Currently, no rule deals with renewing inactive licenses for commercial contractors. This new rule parallels the amended rule for renewing inactive licenses for residential contractors – see OAR 812-022-0040 below.

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the commercial continuing education requirements under OAR 812-020-0065 and 812-020-0070.

(4) Notwithstanding section (3), if an inactive contractor renews to inactive status and seeks to change to active status during the two-year licensing period, the contractor must complete commercial continuing education required in OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the inactive period.

(5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal.

Stat. Auth.: ORS 670.310, 701.086 & 701.235 Stats. Implemented: ORS 701.086

812-020-0085 Lapse in License – Continuing Education for Commercial Contractors If a license [expires and is not renewed for a period not exceeding one year, the commercial contractor may seek renewal and backdating of the license. To renew the license, the commercial contractor must certify that it has satisfied the continuing education requirements either during the license period or during the lapse in license period, or both] lapses and a contractor applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the contractor must satisfy the commercial continuing education requirements of OAR 812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education completed during the lapse period.

Stat. Auth.: ORS 670.310, 701.086 & 701.235 Stats. Implemented: 701.086 (11/08, 6/14 eff. 7/1/14)

Amends rule about lapses of commercial contractor licenses. Provides that holders of lapsed licenses must complete continuing education regardless of the period of lapse. The amended rule parallels the residential contractor continuing education rule – see OAR 812-022-0042. The amendment clarifies that the rule relates to “lapsed” licenses, which includes expired licenses.

812-022-0040 Inactive Status During the License Period or Upon Renewal – Continuing Education for Residential Contractors (SB 783)

(1) If a contractor is inactive [for less than one year] at the time of renewal and seeks to renew in active status, the contractor must complete all residential continuing education required under OAR 812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the inactive period.

[(2) If a contractor is inactive for one year or more during the licensing period and seeks to renew in active status, the contractor is not required to complete the residential continuing education requirements under OAR 812-022-0015.]

[(3)] (2) If a contractor is inactive [for any period of time] at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete residential continuing education required under OAR 812-022-0015. [(4)] (3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to complete the residential continuing education requirements under OAR 812-022-0015.

Amends rule to simplify residential continuing education for inactive licensees. Any renewal to active status requires completing residential continuing education. Removes redundant language in new section (4).

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[(5)] (4) Notwithstanding section [(4)] (3), if an inactive contractor renews to inactive status and seeks to change to active status during the two-year licensing period, the contractor must complete residential continuing education required in OAR 812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the inactive period. [Hours completed and credited towards this renewal may not be included for contractor’s next renewal.]

[(6)] (5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal.

Stat. Auth.: ORS 670.310, 701.082 & 701.235 Stats. Implemented: ORS 701.063 & 701.082 (10/24/13, 4/30/14)

CONTINUING EDUCATION FEES (PER SB 5511)

812-022-0000 Authority, Purpose, Scope, Applicable Dates – Continuing Education for Residential Contractors (SB 783)

(1) Authority. These rules are promulgated in accordance with ORS 701.082, which requires CCB to establish a residential continuing education system for licensed residential contractors, other than developers.

(2) Purpose. The purpose of these rules is to create a residential continuing education system. The Board shall adopt minimum standards for:

(a) Approving providers of residential continuing education; (b) Approving courses for residential continuing education; and (c) Where available, giving consideration to any residential

continuing education program adopted by national construction licensing trade associations.

(3) Scope. (a) These rules establish the content and hours required for

residential continuing education. (b) These rules establish procedures for recordkeeping, for

verifying attendance or completion of residential continuing education hours and for sanctions for failing to comply.

(c) These rules establish procedures and standards for provider and course approval.

[(d) These rules establish fees for: (A) Provider approvals; (B) Course approvals; (C) Specialized education program approvals; (D) Per attendee charge to providers for each completed approved

course; (E) Training offered by the agency; and (F) Charge to providers that, by agreement, offer the agency-

developed training.] Stat. Auth.: ORS 670.310, 701.126 & 701.235 Stats. Implemented: ORS 701.082 (10/24/13, 4/30/14)

Removes reference to fees.

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812-022-0016 Fees for Agency Courses – Continuing Education for Residential Contractors (SB 783)

[(1) The agency may charge a fee of $15 per course hour for courses in laws, regulations, and business practices, offered by the agency as provided in OAR 812-022-0015(2)(a).

(2) In addition to the fee for the course, CCB may charge for processing, shipping and handling course materials made available other than online.

(3) If the agency enters into agreements with providers to provide the agency’s courses on laws, regulations and business practices, the agency may charge providers an additional fee of $4 per student per course hour, in addition to the fees charged in section (1).]

Stat. Auth.: ORS 670.310, 701.267 & 701.235 Stats. Implemented: ORS 701.267 (10/24/13, 4/30/14)

Removes $15 per hour fees paid by contractors to the Construction Contractors Board (CCB) for three hours of courses prepared by the board. Removes fees for processing, shipping and handling of CCB course materials. Removes $4 per student per course hour fees if CCB enters into an agreement for a provider to offer CCB’s courses. Effective date: 7-1-17.

812-022-0025 Provider Approval – Continuing Education for Residential Contractors (SB 783)

(1) The agency will review and approve providers offering residential continuing education.

(2) Providers will apply for approval on a form[, and submit fees, ]prescribed by the agency.

(3) Providers seeking approval to offer residential continuing education must submit the following to the agency:

(a) Name, address and contact information of the provider; (b) Business entity type of the provider and, if applicable, the

Corporation Division business registry number; (c) Description of the subject area(s) the provider intends to offer; (d) Indication whether provider will offer: (A) Series A Courses; (B) Series B Courses; or (C) Both Series A and Series B Courses; and (e) Such other information or documentation as the agency may

request. (4) To qualify for approval, providers must: (a) Employ or contract with instructors who have at least four

years work experience or four years of education, or any combination of both, in the subject that they instruct;

(b) Be capable of entering and transmitting electronic data to the agency;

(c) Describe and follow a process for prompt resolution of complaints by registrants;

(d) Describe a process for cancellations and refunding registrant payments. If the provider does not permit cancellation or refunds, it must provide notice of that fact in a conspicuous manner in its advertising, solicitation and registration materials;

(e) Describe and follow attendance verification procedures; (f) Provide an evaluation opportunity as prescribed by the agency

for course attendees to complete;

Removes reference to fees. Removes requirement for surety bond to assure payment of fees by providers. Effective date: 7-1-17.

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(g) Be capable of submitting rating results to the agency by 12:00 noon of the business day following the day the contractor completes the course;

[(h) Except as provided in OAR 812-022-0027(2), if offering agency developed courses, pursuant to an agreement under OAR 812-022-0018, or Series A Courses, provide a surety bond, as described in OAR 812-022-0027, in the amount of $20,000 obligating the surety to pay the State of Oregon any fees unpaid by provider;]

[(i) Except as provided in OAR 812-022-0026(3), pay fees as provided under OAR 812-022-0026;] and

[(j)] (h) Maintain records available for agency to inspect for at least six years.

(5) Only an approved provider may offer or provide residential continuing education to a contractor or a contractor’s employees.

(6) An approved provider may not allow any person not approved by the agency as a provider to offer or provide courses of the approved provider. For purposes of this rule, “offer or provide” includes, but is not limited to, assisting the contractor or the contractor’s employees in obtaining or completing the courses or acting on behalf of an approved provider in advertising or soliciting the courses.

(7) Provider approval will be valid for two (2) years from the date the provider is approved by the agency.

(8) If providers change or add course types (Series A Courses or Series B Courses), they shall notify the agency within 24 hours.

(9) If providers change or add instructors, they shall notify the agency within 24 hours.

(10) Providers must re-submit an application [and fees] for renewal of approval. Renewal of approval will be subject to the same requirements as initial approval.

(11) The agency may withdraw approval issued to any provider that violates Oregon Laws 2013, chapter 718, or any rule of the agency.

Stat. Auth.: ORS 670.310, 701.265 and 701.235 Stats. Implemented: ORS 701.265 (10/24/13, temp. 10/29/13, temp. 12/12/13, 2/6/14)

812-022-0026 Fees for Provider Approval – Continuing Education for Residential Contractors (SB 783)

[(1) Providers will remit to the agency a non-refundable fee of $2,000, together with an application for approval, or renewal of approval, to offer Series A Courses, Series B Courses, or both Series A Courses and Series B Courses.

(2) Providers will be assessed a fee of $4 per student per hour for each Series A Course hour provided. Providers will pay agency the fees at the time provider submits each student’s records. The agency will establish the manner in which the provider must remit payment. Students will receive credit for Series A Course hours only after CCB receives provider’s payment.

(3) The fees established under section (1) of this rule do not apply to Oregon public community colleges or small business development

Removes $2,000 provider approval fees. Removes $4 per student per hour Series A course fees. Effective date: 7-1-17.

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centers (including BizCenter Online Learning).] Stat. Auth.: ORS 670.310, 701.235, and 701.267 Stats. Implemented: ORS 701.267 (10/24/13, temp. 12/12/13, 2/6/14)

812-022-0027 Surety Bond to Assure Performance of Agency Agreements

[(1) Providers that provide Series A Courses as provided in OAR 812-022-0015(2)(b), will maintain a surety bond in the amount of $20,000, issued by a surety company authorized to do business in the State of Oregon, for the benefit of the State of Oregon, Construction Contractors Board. The bond must be in the form “Series A Course Provider Surety Bond,” dated October 24, 2013.

(2) Section (1) of this rule does not apply to Oregon public community colleges or small business development centers (including BizCenter Online Learning).]

Stat. Auth.: ORS 670.310, 701.235, 701.265 and 701.267 Stats. Implemented: ORS 701.265 and 701.267 (10/24/13, temp. 10/29/13, temp. 12/12/13, 2/6/14)

Removes requirement for surety bond to assure payment of fees by providers. Effective date: 7-1-17.

812-022-0028 Course Approval – Continuing Education for Residential Contractors (SB 783)

(1) The agency will approve Series A Courses required under OAR 812-022-0015(2)(b). Providers seeking course approval must be approved providers under OAR 812-022-0025.

(2) A provider seeking approval for Series A Courses must submit the following:

(a) Course name, course description, objective of the offered course, and number of hours of continuing education credit sought (must be no less than one hour);

(b) A written description of the course instructors’ credentials, including years of education and experience in the subject matter they instruct;

(c) Course syllabus; (d) Comprehensive course outline; (e) Copies of the course materials provided to students; (f) Cost of the offered course; (g) For live classes and classes held in real time: (A) Anticipated date, time, place of the course; and (B) Number of registrants that each course can accommodate; (h) For self-study courses: (A) Anticipated date when the course will first be offered; (B) Description of provider’s procedures to answer student

questions; and (C) The length of time a student has to complete the course and

receive credit. (i) Any other information as directed by the agency. (3) The agency will only approve Series A Courses that the

agency, in its sole discretion, considers offer high quality in the following respects:

(a) The course relates to one or more of the subjects listed in OAR 812-022-0015(2)(b);

(b) The course’s use of animation, audio, video or color to

Removes reference to fees. Effective date: 7-1-17.

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stimulate multiple learning styles; (c) The course holds interest through the use of visual, textual,

audio or interactive components; (d) The course material is presented in a logical and

understandable manner; (e) The spelling, grammar and sentence structure in written

materials are correct; (f) For courses using internet, video, audio or other electronic

media, the course program is technically sufficient (e.g., video does not “stutter”; internet material does not “lock up”); and

(g) For courses using internet, video, audio or other electronic media, there is adequate instruction and guidance to navigate from the beginning to the end of the course.

(4) The agency will only approve Series A Courses that provide qualified instructors to answer questions in real-time, either in person, by telephone or by electronic means (e.g. chat rooms, e-mail, instant message).

(5) Series A Course approval will be valid for two (2) years from the date the provider is approved by the agency.

(6) Providers must re-submit an application [and fees] for renewal of Series A Course approval. Renewal of approval will be subject to the same requirements as initial approval.

Stat. Auth.: ORS 670.310, 701.235, 701.265 and 701.267 Stats. Implemented: ORS 701.265 and 701.267 (10/24/13, temp. 10/29/13, 2/6/14)

812-022-0029 Fees for Course Approval – Continuing Education for Residential Contractors (SB 783)

[Providers will remit to the agency a non-refundable fee of $100 together with an application for approval of any Series A Course.]

Stat. Auth.: ORS 670.310, 701.235 and 701.267 Stats. Implemented: ORS 701.267 (temp. 10/29/13, 2/6/14)

Removes non-refundable $100 course application fee for Series A courses. Effective date: 7-1-17.

TEMPORARY LICENSE FEE REDUCTION (PER SB 5511)

812-003-0142 License Application Fees

(1) The application fee for all new, renewal, or reissued licenses is $325.

(2) For the period from July 1, 2017, through June 30, 2019, the application fee for all new, renewal, or reissued licenses is $250.

[(2)] (3) Except as provided in section [(3)] (4) of this rule, application fees will not be refunded.

[(3)] (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.

Reduces license fee for 2017 – 2019 biennium to $250. Effective date: 7-1-17.

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[(4)] (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 [(4)] (5) of this rule applies to licensees that are sole proprietors or partners in a general partnership.

Stat. Auth.: ORS 670.310, 701.238 & 701.235 Stats. Implemented: ORS 701.056, 701.063, & 701.238 (temp. 5/5/14, 6/14 eff. 7/1/14)

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Documents

DRAFT NOTICE OF PUBLIC MEETING - Oregon Board/2017 4-26...will be spreading the word about this page at CCB classes and outreach events. I. ADJOURNED: The meeting adjourned at 10:13