72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 575
 
LC 2516/SB 575-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 575
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                            April 11
 
  On page 1 of the printed bill, line 2, delete '701.005' and
insert '701.010'.
  Delete lines 4 through 31 and page 2 and insert:
  '  { +  SECTION 1. + } ORS 701.010 is amended to read:
  ' 701.010. The Construction Contractors Board may adopt rules
to make licensure optional for persons who offer, bid or
undertake to perform work peripheral to construction, as defined
by administrative rule of the Construction Contractors Board. The
following persons are exempt from licensure under this chapter:
  ' (1) A person who is constructing, altering, improving or
repairing personal property.
  ' (2) A person who is constructing, altering, improving or
repairing a structure located within the boundaries of any site
or reservation under the jurisdiction of the federal government.
  ' (3) A person who furnishes materials, supplies, equipment or
finished product and does not fabricate them into, or consume
them, in the performance of the work of a contractor.
  ' (4) A person working on one structure or project, under one
or more contracts, when the aggregate price of all of that
person's contracts for labor, materials and all other items is
less than $500 and such work is of a casual, minor or
inconsequential nature. This subsection does not apply to a
person who advertises or puts out any sign or card or other
device that might indicate to the public that the person is a
contractor.
  ' (5) An owner who contracts for work to be performed by a
licensed contractor. This subsection does not apply to a person
who, in the pursuit of an independent business, constructs,
remodels, repairs or for compensation and with the intent to sell
the structure, arranges to have constructed, remodeled or
repaired a structure with the intent of offering the structure
for sale before, upon or after completion. It is prima facie
evidence that there was an intent of offering the structure for
sale if the person who constructed, remodeled or repaired the
structure or arranged to have the structure constructed,
remodeled or repaired does not occupy the structure after its
completion.
  ' (6) A person performing work on a property that person owns
or performing work as the owner's employee, whether the property
is occupied by the owner or not, or a person performing work on
that person's residence, whether or not that person owns the
residence. This subsection does not apply to a person performing
work on a structure owned by that person or the owner's employee
if the work is performed, in the pursuit of an independent
business, with the intent of offering the structure for sale
before, upon or after completion.
  ' (7) A person licensed in one of the following trades or
professions when operating within the scope of that license:
  ' (a) An architect licensed by the State Board of Architect
Examiners.
  ' (b) A registered professional engineer licensed by the State
Board of Examiners for Engineering and Land Surveying.
  ' (c) A water well contractor licensed by the Water Resources
Department.
  ' (d) A sewage disposal system installer licensed by the
Department of Environmental Quality.
  ' (e) A landscaping business licensed under ORS 671.510 to
671.710 that constructs fences, decks, arbors, driveways,
walkways or retaining walls when:
  ' (A) Performed in conjunction with landscaping work; or
  ' (B) Not performed in conjunction with landscaping work and
that has filed a bond under ORS 671.690 (1)(b).
  ' (f) A pesticide operator licensed under ORS 634.116 who does
not conduct inspections for wood destroying organisms for the
transfer of real estate.
  ' (g) An appraiser certified or licensed under ORS chapter 674
by the Appraiser Certification and Licensure Board.
  ' (8) A person who performs work subject to this chapter as an
employee of a contractor.
  ' (9) A manufacturer of a manufactured home constructed under
standards established by the federal government.
  ' (10) A person involved in the movement of:
  ' (a) Modular buildings or structures other than manufactured
structures not in excess of 14 feet in width.
  ' (b) Structures not in excess of 16 feet in width when the
structures are being moved by their owner if the owner is not a
contractor required to be licensed under this chapter.
  ' (11) A commercial lending institution or surety company that
arranges for the completion, repair or remodeling of a structure.
As used in this subsection, 'commercial lending institution'
means any bank, mortgage banking company, trust company, savings
bank, savings and loan association, credit union, national
banking association, federal savings and loan association,
insurance company or federal credit union maintaining an office
in this state.
  ' (12) A real estate licensee as defined in ORS 696.010 or the
employee of that licensee when performing work on a structure
that the real estate licensee manages under a contract.
  ' (13) Units of government other than those specified in ORS
701.005 (7)(b) and (c).
  '  { +  (14) A business that supplies personnel to a licensed
contractor for the performance of work under the direction and
supervision of the contractor. + } ' .
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