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
House Bill 2012
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 as
introduced.
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 an advisory 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, appointed by the
Department of Consumer and Business Services or a local
government.
(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, or to a local government that is
administering and enforcing specialty or building code
requirements, to be certified as a master builder within a
geographic area administered by the department or local
government. In evaluating an application for certification, the
department or local government shall consider the business
reputation of the applicant and may seek comments and advice from
a building trade committee or other interested associations or
individuals. The department or local government shall also apply
the following criteria in determining whether to grant an
application:
(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 or local government 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 the
geographic area where certification is being sought or in another
geographic area that had a master builder program.
(3) The individual must have completed a building trade
committee sponsored program or other program, approved by the
department or local government, 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
or local government, covering the One and Two Family Dwelling
Code.
(5) 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. 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, or to a local government if that local
government is administering and enforcing building or specialty
codes in the geographic area where the certification is being
sought. The application must be on the form prescribed by the
department and accompanied by a nonrefundable application fee of
$22. Upon determining that the applicant has a good business
reputation and meets the criteria for certification set forth in
section 2 of this 2001 Act, the department or local government
shall issue the certificate. This subsection does not require the
department or a local government to establish a master builder
program.
(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 equivalent to
any continuing education required of one and two family dwelling
structural inspectors or plan reviewers by department rule
pursuant to ORS 455.461; and
(b) Paying a renewal fee determined by the department by rule.
(3) The department or local government may deny, refuse to
renew, suspend or revoke certification or withdraw recognition of
a 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 or local government must afford an individual an
opportunity for a hearing pursuant to ORS 183.310 to 183.550, or
an equivalent local proceeding, upon a denial or refusal to renew
or prior to a suspension or revocation of certification or upon
withdrawal of recognition of certification.
(4) The department may adopt all rules necessary and proper for
administering sections 1 to 5 of this 2001 Act. + }
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) The department or a local government having a master
builder program may:
(a) Enter into agreements with other governments for reciprocal
recognition of master builder certificates; or
(b) Accept a master builder certificate issued by another
government or for another geographic area as proof that the
individual meets all or part of the criteria for certification
set forth in section 2 of this 2001 Act.
(4) A local government shall not allow an individual to perform
the duties of a master builder unless the local government has a
master builder program. The department shall not allow an
individual to perform the duties of a master builder in a
geographic area administered by the department unless the
department has a master builder program for that geographic area.
(5) A building official of a government having a master builder
program may waive plan review by that government, or may waive
government performance of one or more of the required inspections
described in subsection (7) of this section, if:
(a) An individual certified or recognized by that government 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.
(6) 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.
(7) Subject to subsections (4) to (6) of this section, a
building official may waive government performance of the
following required inspections:
(a) Drywall;
(b) Footings and setbacks;
(c) Foundation walls and rebar;
(d) Insulation;
(e) Masonry fireplace pre-cover;
(f) Masonry rebar;
(g) Rain 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 inspections for which government performance
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 make those copies available to
the building official upon request.
(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 or inspections. A master builder who
accepts the duty of performing a review or inspection 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 inspection duty by a
written and signed assumption of the duty by the building
official or another master builder.
(3) A building official may revoke a waiver for a plan review
or required inspection if the master builder fails to properly
perform, or document performance of, those duties. A local
building official revoking a waiver under this subsection shall
report the revocation to the Department of Consumer and Business
Services and any local government that the building official
knows has certified or recognized the individual as a master
builder. 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 inspection
duties. A release does not relieve a master builder from
liability for the failure to perform, or document performance of,
review or inspection duties prior to the revocation of the
waiver.
(4) 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. + }
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 or a local
government receiving an application may waive the locational
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 or a
local government 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. If the
department or local government grants certification under
sections 1 to 5 of this 2001 Act to an individual who was
certified under a pilot program established pursuant to section
1, chapter 658, Oregon Laws 1997, any waiver granted under the
pilot program by a building official to the master builder on or
prior to December 31, 2001, shall continue to be valid in
accordance with department rules in effect on December 31,
2001. + }
SECTION 8. { + (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) Section 7 of this 2001 Act is repealed January 1, 2002.
The repeal does not invalidate any certification or waiver
granted under section 7 of this 2001 Act. + }
SECTION 9. { + 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. + }
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