Oregon Statutes 701.540 – Licensing; standards and practices; rules
(1) As used in this section:
Terms Used In Oregon Statutes 701.540
- Board: means the Construction Contractors Board. See Oregon Statutes 701.005
- 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
- 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
- Personal property: All property that is not real property.
- Specialty contractor: includes a person who performs work regulated under ORS § 446. See Oregon Statutes 701.005
(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, 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 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 (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]
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