Chapter 406 Oregon Laws 2001

AN ACT

HB 2012

Relating to master builder program; and declaring an emergency.

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

SECTION 1. As used in sections 1 to 5 of this 2001 Act:

(1) “Building official” means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

(2) “Building trade committee” means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction.

(3) “General contractor” has the meaning given that term in ORS 701.005.

(4) “Master builder” means a person certified under section 3 of this 2001 Act.

(5) “Qualified construction company” means a company that has been:

(a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

(b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

(6) “Regular employee” means a person who:

(a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

(b) Has filed a withholding exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

(c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

(A) Drywall;

(B) Electrical systems;

(C) Footings;

(D) Foundations;

(E) Framing;

(F) Insulation;

(G) Mechanical systems;

(H) Plumbing systems; and

(I) Stairs.

(7) “Whole dwelling remodel” means a project that includes the installation in an existing dwelling of all of the following:

(a) Drywall;

(b) Electrical systems;

(c) Footings;

(d) Foundations;

(e) Framing;

(f) Insulation;

(g) Mechanical systems; and

(h) Plumbing systems.

SECTION 2. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

(1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

(2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

(3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the One and Two Family Dwelling Code. A program must include but need not be limited to instruction in:

(a) Administration;

(b) Chimneys and fireplaces;

(c) Decay and termite protections;

(d) Energy conservation;

(e) Footings and foundations;

(f) Roof-ceiling construction;

(g) Roof coverings;

(h) Site inspections;

(i) Wall construction, assemblies and coverings; and

(j) Wood and metal framing.

(4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the One and Two Family Dwelling Code.

(5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

(A) Violated a specialty code, licensing or permit requirement; or

(B) Resulted in a claim being filed with the board or department against the individual.

(b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual.

SECTION 3. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in section 2 of this 2001 Act, the department shall issue the certificate.

(2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

(a) Providing evidence of continuing education as required by department rule; and

(b) Paying a renewal fee established by the department by rule.

(3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in section 2 of this 2001 Act or engages in actions resulting in a waiver revocation under section 5 (3) of this 2001 Act. The department must afford an individual an opportunity for a hearing pursuant to ORS 183.310 to 183.550 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

(4) The department may adopt all rules necessary and proper for administering sections 1 to 5 of this 2001 Act, including but not limited to rules establishing application, examination, certification and renewal fees.

SECTION 4. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

(2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

(3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

(4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

(a) An individual certified as a master builder submits construction plans regulated by the One and Two Family Dwelling Code; and

(b) The building official determines that:

(A) The work is not of a highly technical nature; and

(B) There is no unreasonable potential risk to safety of the structure.

(5) A building official may not waive government performance of plan review or required inspections for:

(a) Special design applications that are complex and highly technical engineered systems; or

(b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

(6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

(a) Drywall;

(b) Footings and setbacks;

(c) Foundation walls, Ufer grounding rods and rebar;

(d) Insulation;

(e) Masonry fireplace pre-cover;

(f) Masonry rebar;

(g) Gutters, downspouts and foundation drains;

(h) Roof sheathing nailing;

(i) Suspended ceilings;

(j) Underfloor structural; and

(k) Wall sheathing nailing.

SECTION 5. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

(2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

(3) A building official for a government that has a master builder program:

(a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

(b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

(c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

(4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

(5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under section 4 of this 2001 Act and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

(6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government’s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation.

SECTION 6. If an individual applies on or before January 1, 2006, to be certified as a master builder, and the individual has performed or supervised a dwelling construction or whole dwelling remodel in each of the five preceding calendar years, the Department of Consumer and Business Services may waive the geographical requirement of section 2 (2) of this 2001 Act.

SECTION 7. If an individual is certified under a pilot program established pursuant to section 1, chapter 658, Oregon Laws 1997, the Department of Consumer and Business Services may waive any requirement of sections 2 and 3 (1) of this 2001 Act in granting master builder certification under sections 1 to 5 of this 2001 Act to that individual.

SECTION 8. Notwithstanding sections 1 to 5 of this 2001 Act, if an individual was certified under a pilot program established pursuant to section 1, chapter 658, Oregon Laws 1997, and was in good standing under that pilot program, the Department of Consumer and Business Services may grant the individual temporary certification that allows the individual to act as a master builder in accordance with department rules in effect on December 31, 2001, for the purpose of completing a project commenced under the pilot program. The temporary certification shall expire 90 days after the operative date of sections 1 to 5 of this 2001 Act. Notwithstanding sections 1 to 5 of this 2001 Act, a waiver under a pilot program established pursuant to section 1, chapter 658, Oregon Laws 1997, granted by a building official to a master builder on or prior to December 31, 2001, shall continue to be valid for an individual certified under this section or sections 1 to 5 of this 2001 Act in accordance with department rules in effect on December 31, 2001.

SECTION 9. (1) Section 6 of this 2001 Act is repealed July 1, 2007. The repeal does not invalidate any certification granted prior to July 1, 2007.

(2) Sections 7 and 8 of this 2001 Act are repealed January 1, 2003. The repeal does not invalidate any certification or waiver granted under section 7 or 8 of this 2001 Act.

SECTION 10. Sections 1 to 5 of this 2001 Act become operative January 1, 2002. The Department of Consumer and Business Services and local governments may take all actions prior to the operative date of sections 1 to 5 of this 2001 Act necessary and proper for the administration and enforcement of sections 1 to 5 of this 2001 Act on and after the operative date of sections 1 to 5 of this 2001 Act.

SECTION 11. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date June 18, 2001

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