Chapter 362 Oregon Laws 2001

AN ACT

HB 2936

Relating to professional services; amending ORS 671.030 and 672.060.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.030 is amended to read:

671.030. (1) ORS 671.010 to 671.220 [shall not be construed to] do not affect or prevent the practice of naval or landscape architecture or of engineering by a registered professional engineer or [to any] a person engaged in architecture or engineering work as an employee of an architect or registered professional engineer.[; nor shall it] ORS 671.010 to 671.220 do not prevent draftsmen, clerks of the work, superintendents and other employees of registered architects and registered professional engineers[, under provisions of ORS 671.010 to 671.220,] from acting under the instructions, control or supervision of their employers. [Such persons] A draftsman, clerk, superintendent or other employee shall not use the designation “architect,” “architectural” or “architecture” unless licensed under the provisions of ORS 671.010 to 671.220, or unless a title containing [such] the designation is provided by rule of the State Board of Architect Examiners.

(2) [Nothing contained in] ORS 671.010 to 671.220 [shall] do not prevent [any] a person from making plans[,] or specifications for, or supervising the erection, enlargement or alteration of, a building, or [any] an appurtenance thereto, if the building is to be used for a single family residential [building] dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, [such as] including but not limited to a three-car garage, barn[,] or shed[,] or a shelter used for the housing of domestic animals[,] or livestock. [, etc.; nor shall anything in] ORS 671.010 to 671.220 do not prevent [any] a person from making plans[,] or specifications for, or supervising the erection, enlargement or alteration of, [any] a building, or [any] an appurtenance thereto, [where] if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

(3) [Nothing in] ORS 671.010 to 671.220 [shall] do not prevent a person from planning, designing, specifying or supervising the alterations or repairs to a building [when] if the structural part of a building, [i.e.] including but not limited to[,] the foundation walls, floors, roof, footings, bearing partitions, beams, columns[,] and joists, [etc.,] is not involved, or [when] if the occupancy or the code-related classification of the building has not been changed.

(4) [Nothing in] ORS 671.010 to 671.220 [shall] do not prevent a person practicing marine, naval or landscape architecture from purporting to be a marine, naval or landscape architect [as long as] if the work is confined and limited to [work coming under] those classifications.

(5) ORS 671.010 to 671.220 do not prevent a construction contractor licensed under ORS chapter 701 from offering services constituting the practice of architecture if:

(a) The services are appurtenant to construction services to be provided by the contractor;

(b) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and

(c) The offer by the construction contractor discloses in writing that the contractor is not an architect and identifies the registered architect or architects that will perform the services constituting the practice of architecture.

SECTION 2. ORS 672.060 is amended to read:

672.060. ORS 672.002 to 672.325 do not apply to:

(1) [Any] A registered architect practicing architecture.

(2) [Any] A registered sanitarian or registered sanitarian trainee working under the supervision of a registered sanitarian practicing environmental sanitation, or [any] a registered waste water sanitarian or registered waste water sanitarian trainee working under the supervision of a registered waste water sanitarian practicing waste water sanitation.

(3) [Any] A person working as an employee or a subordinate of a registered professional engineer if:

(a) The work of the person does not include final engineering designs or decisions;

(b) The work of the person is done under the supervision and control of and is verified by a registered professional engineer; and

(c) The person does not purport to be an engineer or registered professional engineer by any verbal claim, sign, advertisement, letterhead, card or title.

(4) [Any] A person practicing land surveying under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise [any] a land surveying activity the engineer could not personally perform under ORS 672.025.

(5) An individual, firm, partnership or corporation practicing engineering or land surveying:

(a) On property owned or leased by the individual, firm, partnership or corporation, or on property in which the individual, firm, partnership or corporation has an interest, estate or possessory right; and

(b) [Which] That affects exclusively the property or interests of the individual, firm, partnership or corporation, unless the safety or health of the public, including employees and visitors, is involved.

(6) The performance of engineering work by [any] a person, firm or corporation, or by full-time employees [of any of them] thereof, provided:

(a) The work is in connection with or incidental to the operations of [such] the persons, firms or corporations; and

(b) The engineering work is not offered directly to the public.

(7) A person executing engineering work designed by a professional engineer or supervising the construction of [such] engineering work as a foreman or superintendent.

(8) A landowner performing land surveying within the boundaries of the landowner’s land or the landowner’s regular employee performing land surveying services as part of the employee’s official duties within the boundaries of the land of the employer.

(9) An individual, firm, partnership or corporation offering to practice engineering or land surveying if:

(a) The individual, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering or land surveying issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country; and

(b) The offer includes a written statement that the offeror is not registered to practice engineering or land surveying in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having a person holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering or land surveying work within this state.

(10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or [any] an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn[,] or shed or a shelter used for the housing of domestic animals or livestock. [Nothing in] ORS 672.002 to 672.325 [shall] do not prevent [any] a person from making plans or specifications for, or supervising the erection, enlargement or alteration of, [any] a building, or [any] an appurtenance thereto, [where] if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

(11) A construction contractor licensed under ORS chapter 701 that offers services constituting the practice of engineering if:

(a) The services are appurtenant to construction services to be provided by the contractor;

(b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and

(c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering.

Approved by the Governor June 12, 2001

Filed in the office of Secretary of State June 12, 2001

Effective date January 1, 2002

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