71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 182
A-Engrossed
House Bill 2012
Ordered by the House May 2
Including House Amendments dated May 2
Sponsored by Representative SIMMONS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates master builder program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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. + }
----------