Chapter 306
AN ACT
SB 192
Relating to building trades; amending ORS 455.125, 455.129, 455.450 and
480.632.
Be It Enacted by the People of
the State of
SECTION 1. ORS 455.125 is amended to read:
455.125. (1) In
addition to any other sanction, remedy or penalty provided by law, the Director
of the Department of Consumer and Business Services or an appropriate advisory
board may deny, suspend, condition or revoke a registration, certification,
license or other authority to perform work or conduct business issued under
laws administered by the Department of Consumer and Business Services or
advisory board if the holder:
[(1)] (a) Fails to comply with a provision of ORS 446.003 to
446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or
480.510 to 480.670 or this chapter or ORS chapter 447, [455,] 460 or 693, or with any rule
adopted under those statutes or under ORS 455.117; or
[(2)] (b) Engages in an act for which the Construction
Contractors Board imposes a sanction on the holder under ORS 701.135.
(2) For purposes of
ORS 701.100, a compliance failure described in subsection (1)(a) of this
section for which the director or an advisory board denies, suspends,
conditions or revokes a registration, certification, license or other authority
to perform work or conduct business may be treated as a failure to be in
conformance with this chapter.
SECTION 2. ORS 455.129 is amended to read:
455.129. (1) Subject to
ORS chapter 183, except as provided in subsection [(3)] (4) of this section, a regulatory body listed in
subsection (2) of this section may deny a license, certificate, registration or
application or may suspend, revoke, condition or refuse to renew a license,
certificate or registration if the regulatory body finds that the licensee,
certificate holder, registrant or applicant:
(a) Has failed to comply
with the laws administered by the regulatory body or with the rules adopted by
the regulatory body.
(b) Has failed to comply
with an order of the regulatory body or the Director of the Department of
Consumer and Business Services, including but not limited to the failure to pay
a civil penalty.
(c) Has filed an
application for a license, certificate or registration that, as of the date the
license, certificate or registration was issued or the date of an order denying
the application, was incomplete in any material
respect or contained a statement that, in light of the circumstances under
which it was made, was incorrect or misleading in any respect.
(d) Has performed work
without appropriate licensing, certification or registration or has employed
individuals to perform work without appropriate licensing, certification or
registration.
(e) Has failed to meet
any condition or requirement to obtain or maintain a license, certificate or
registration.
(f) Has acted in a
manner creating a serious danger to the public health or safety.
(g) Has been subject
to a revocation, cancellation or suspension order or to other disciplinary
action by the Construction Contractors Board or has failed to pay a civil
penalty imposed by the board.
(h) Has been subject to
a revocation, cancellation or suspension order or to other disciplinary action
by another state in regard to construction standards, permit requirements or
construction-related licensing violations or has failed to pay a civil penalty
imposed by the other state in regard to construction standards, permit
requirements or construction-related licensing violations.
(i) Has, while
performing work that requires or that is related to work that requires a valid
license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285,
446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670, this
chapter or ORS chapter 447, 460 or 693, violated any statute or rule related to
the state building code.
[(g)] (j) Is a business, the owner or an officer of which has
an outstanding obligation to pay a civil penalty assessed under ORS 455.895 or
has been the subject of action against the license, certificate or registration
by the Department of Consumer and Business Services, the director or any
advisory board.
(k) Is a business,
owner or officer of a reorganized business entity as defined in ORS 657.682, if
an owner, officer, shareholder or partner of the reorganized business entity,
or a member if the reorganized business entity is a member-managed limited
liability company, has been subject to a revocation or suspension order or to a
condition or civil penalty under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670, this chapter or
ORS chapter 447, 460, 693 or 701, or by another state in regard to construction
standards, permit requirements or construction-related licensing violations.
(L) Is ordered to pay
damages under a judgment or arbitration award that relates to construction and
that has become final by operation of law or on appeal.
[(h)] (m) Is a business, the owner
or an officer of which was an owner or officer in another business at the time:
(A) The other business
was assessed a civil penalty under ORS 455.895 that remains unpaid; or
(B) An act or failure to
act by any owner or officer of the other business resulted in action being
taken against the license, certificate or registration of the other business by
the department, the director or any advisory board.
(2) Subsection (1) of
this section applies to:
(a) The State Plumbing
Board for purposes of licenses issued under ORS 447.010 to 447.156 or ORS
chapter 693.
(b) The Electrical and
Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to
479.945.
(c) The Board of Boiler
Rules for purposes of licenses issued under ORS 480.510 to 480.670.
(d) The department for
purposes of licenses issued under this chapter.
(e) The department,
subject to Electrical and Elevator Board approval, for purposes of licenses
issued under ORS 460.005 to 460.175.
(f) The department,
subject to Manufactured Structures and Parks Advisory Board approval, for
purposes of licenses, certificates and registrations issued under ORS 446.003
to 446.200, 446.225 to 446.285 and 446.395 to 446.420.
(3) The department
may administer and enforce subsection (1) of this section in the same manner
and to the same extent as any advisory board.
[(3)] (4) This section does not apply to licenses,
certificates, registrations or applications for licensure, certification or
registration involving inspectors or involving persons engaged in the
manufacture, conversion or repair of prefabricated structures, prefabricated
components or recreational vehicles.
SECTION 3. ORS 455.450 is amended to read:
455.450. A person [shall] may not:
(1) Violate, or
procure[, aid or abet] or assist
in the violation of, any final order [concerning the application of a provision of the state building code in
a particular case made by] of the Director of the Department of
Consumer and Business Services, an advisory board, a state administrative
officer or any local appeals board, building official or inspector,
concerning the application of the state building code in a particular case or
concerning a license, certificate, registration or other authorization.
(2) Engage in, or
procure[, aid or abet] or assist
any other person to engage in, any conduct or activity for which a permit,
[certificate,] label, license,
certificate, registration or other formal authorization is required by any
specialty code [or other regulation
promulgated pursuant to this chapter], any provision of ORS 446.003 to
446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to
446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or
ORS chapter 447, 460 or 693, or any rule adopted or order issued for the
administration and enforcement of those provisions, without first having
obtained such permit, [certificate,]
label, license, certificate, registration or other formal authorization.
(3) Violate, or
procure or assist in the violation of, any standard, specification,
requirement, prohibition or other technical provision set forth in the state
building code or an applicable local building code or in any rule or order of
the Department of Consumer and Business Services, an advisory board, a local
governing body or local building official.
SECTION 4. ORS 480.632 is amended to read:
480.632. A person
licensed [to conduct a boiler or pressure
vessel business], or required to be licensed, under ORS 480.630 to
engage in the business of installing, repairing or altering boilers or pressure
vessels may not employ any person to work on a boiler or pressure vessel
unless the employed person has a valid license issued under ORS 480.630.
Approved by the Governor June 7, 2007
Filed in the office of Secretary of State June 7, 2007
Effective date January 1, 2008
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