71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2936
Sponsored by Representative KAFOURY (at the request of American
Institute of Architects Oregon, Consulting Engineers Council of
Oregon)
CHAPTER ................
AN ACT
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 + }
Enrolled House Bill 2936 (HB 2936-INTRO) Page 1
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.
Enrolled House Bill 2936 (HB 2936-INTRO) Page 2
(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:
Enrolled House Bill 2936 (HB 2936-INTRO) Page 3
(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. + }
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Passed by House April 12, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2001
...........................................................
President of Senate
Enrolled House Bill 2936 (HB 2936-INTRO) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2936 (HB 2936-INTRO) Page 5