Oregon Statutes 701.010 – Exemptions from licensure; rules
The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:
Terms Used In Oregon Statutes 701.010
- Board: means the Construction Contractors Board. See Oregon Statutes 701.005
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means any of the following:
(a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- General contractor: means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. See Oregon Statutes 701.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Worker leasing company: means a person licensed under ORS § 656. See Oregon Statutes 701.005
(1) A person who is constructing, altering, improving or repairing personal property.
(2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.
(3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.
(4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person’s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.
(5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.
(6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.
(7) A person performing work on a property that person owns or performing work as the owner’s employee, whether the property is occupied by the owner or not, or a person performing work on that person’s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner’s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.
(8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:
(a) An architect registered by the State Board of Architect Examiners.
(b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.
(c) A water well contractor licensed by the Water Resources Department.
(d) A sewage disposal system installer licensed by the Department of Environmental Quality.
(e) A landscape contracting business licensed under ORS § 671.510 to 671.760.
(f) A pesticide operator licensed under ORS § 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.
(g) An appraiser certified or licensed under ORS Chapter 674 or an appraiser assistant registered under ORS Chapter 674 by the Appraiser Certification and Licensure Board.
(9) A landscape contracting business operating within the scope of a license issued under ORS § 671.510 to 671.760 that:
(a) Constructs fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls and meets the applicable bonding requirements under ORS § 671.690; or
(b) Subcontracts to a licensed plumbing contractor, or otherwise arranges for a licensed plumbing contractor to perform, the installation of an irrigation system described in ORS § 671.540 (1)(m) or the repair or maintenance of an irrigation system.
(10) A person who performs work subject to this chapter as an employee of a contractor.
(11) A manufacturer of a manufactured home constructed under standards established by the federal government.
(12) A person involved in the movement of:
(a) Modular buildings or structures other than manufactured structures not in excess of 14 feet in width.
(b) Structures not in excess of 16 feet in width when the structures are being moved by their owner if the owner is not a contractor required to be licensed under this chapter.
(13) A surety company, commercial lending institution, holding company for a commercial lending institution, subsidiary of a commercial lending institution or subsidiary of a holding company for a commercial lending institution that arranges for completion, repair or remodeling by one or more licensed contractors of a structure in which the company, institution, holding company or subsidiary holds a legal or security interest. As used in this subsection, ‘commercial lending institution’ means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association, insurance company or federal credit union maintaining an office in this state.
(14) A real estate licensee who engages in the management of rental real estate as defined in ORS § 696.010 or the employee of that licensee when performing work on a structure that the real estate licensee manages under a contract.
(15) Units of government other than those specified in ORS § 701.005 (5)(c) and (d).
(16) A qualified intermediary in a property exchange that qualifies under section 1031 of the Internal Revenue Code as amended and in effect on January 1, 2004, if the qualified intermediary is not performing construction activities.
(17) A worker leasing company or temporary service provider, both as defined in ORS § 656.850, that supplies personnel to a licensed contractor for the performance of work under the direction and supervision of the contractor.
(18) City or county inspectors acting under ORS § 701.225 or inspectors described in ORS § 455.715.
(19) A person performing work for purposes of agricultural drainage, agricultural trenching or agricultural irrigation or involving the construction of agricultural fences to control livestock.
(20) A person performing work that is subject to ORS § 527.610 to 527.770 on forestlands for which notice of operation has been filed under ORS § 527.670. [1971 c.740 § 20; 1979 c.312 § 1; 1981 c.618 § 9; 1983 c.616 § 5a; 1989 c.928 § 2; 1991 c.181 § 2; 1991 c.463 § 1; 1993 c.18 § 152; 1995 c.644 § 1; 1997 c.814 § 8; 1999 c.32 § 4; 1999 c.325 § 5; 1999 c.402 § 12; 2001 c.196 § 3; 2001 c.197 § 10; 2003 c.285 § 1; 2003 c.329 § 1; 2003 c.675 § 70; 2005 c.254 § 12; 2005 c.432 § 7; 2005 c.609 § 22; 2007 c.541 § 42; 2007 c.639 § 1; 2007 c.836 § 57; 2009 c.259 § 31; 2009 c.483 § 5; 2011 c.174 § 1; 2013 c.196 § 22; 2013 c.378 § 1]