74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2498
LC 1877/HB 2498-3
HOUSE AMENDMENTS TO
HOUSE BILL 2498
By COMMITTEE ON CONSUMER PROTECTION
May 7
On page 1 of the printed bill, line 2, delete 'creating new
provisions; and'.
In line 3, after '701.010' insert 'and 701.055'.
Delete lines 5 through 16.
In line 17, delete '3' and insert '1'.
On page 2, line 5, delete the boldfaced material.
In line 8, restore the bracketed material and delete the
boldfaced material.
After line 9, insert:
' (6) An owner who contracts for one or more licensed
contractors to perform work wholly or partially within the same
calendar year on not more than four residential structures of the
owner. This subsection does not apply to an owner contracting for
work that requires a building permit unless the work that
requires a permit is performed by, or under the direction of, a
general contractor.'.
In line 10, delete '(6)' and insert '(7)'.
In line 16, delete '(7)' and insert '(8)'.
In line 30, delete '(8)' and insert '(9)'.
In line 31, delete '(9)' and insert '(10)'.
In line 33, delete '(10)' and insert '(11)'.
In line 38, delete '(11)' and insert '(12)'.
In line 43, delete '(12)' and insert '(13)'.
In line 45, delete '(13)' and insert '(14)'.
On page 3, line 1, delete '(14)' and insert '(15)'.
In line 4, delete '(15)' and insert '(16)'.
After line 5, insert:
' { + SECTION 2. + } ORS 701.055 is amended to read:
' 701.055. (1) A person may not undertake, offer to undertake
or submit a bid to do work as a contractor unless that person has
a current, valid license issued by the Construction Contractors
Board. A partnership, corporation or joint venture may not
undertake, offer to undertake or submit a bid to do work as a
contractor unless that partnership, corporation or joint venture
is licensed under this chapter. A partnership or joint venture is
licensed for the purpose of offering to undertake work as a
contractor on a structure if any of the partners or joint
venturers whose name appears in the business name of the
partnership or joint venture is licensed under this chapter.
' (2) A licensed partnership or corporation shall notify the
board immediately upon any change in licensed partners or
corporate officers. If a partnership no longer has a licensed
partner, the partnership may not conduct activities that require
a license under this chapter.
' (3) A city, county or the State of Oregon may not issue a
building permit to any person required to be licensed under this
chapter that does not have a current, valid license. A county,
city or state agency that requires the issuance of a permit as a
condition precedent to construction, alteration, improvement,
demolition, movement or repair of any building or structure or
the appurtenances to the structure shall, as a condition for
issuing the permit, require that the applicant for a permit file
a written statement, subscribed by the applicant. The statement
must affirm that the applicant is licensed under this chapter,
give the license number and state that the license is in full
force and effect, or, if the applicant is exempt from licensing
under this chapter, list the basis for the exemption. The city,
county or state agency shall list the contractor's license number
on the permit obtained by that contractor.
' (4) If the applicant for a building permit is exempt from
licensure under ORS 701.010 { - (6) - } { + (7) + }, the
city, county or state shall supply the applicant with an
Information Notice to Property Owners About Construction
Responsibilities. The city, county or state may not issue a
building permit for a residential structure to the applicant
until the applicant signs a statement in substantially the
following form:
' _______________________________________________________________
(a) I have read and understand the Information Notice to
Property Owners About Construction Responsibilities; and
(b) I own, reside in or will reside in the completed dwelling.
My general contractor is ______, Construction Contractors Board
license no. ____, license expiration date _____. I will instruct
my general contractor that all subcontractors who work on this
dwelling must be licensed with the Construction Contractors
Board; or
(c) I am performing work on property I own, a residence that I
reside in or a residence that I will reside in.
(d) I will be my own general contractor and, if I hire
subcontractors, I will hire only subcontractors licensed with the
Construction Contractors Board.
(e) If I change my mind and do hire a general contractor, I
will contract with a general contractor who is licensed with the
Construction Contractors Board and I will immediately notify the
office issuing this building permit of the name of the general
contractor ______.
' _______________________________________________________________
' (5) The board shall adopt by rule a form entitled '
Information Notice to Property Owners About Construction
Responsibilities' that shall describe, in nontechnical language
and in a clear and coherent manner using words in their common
and everyday meaning, the responsibilities property owners are
undertaking by acting as their own general contractor and the
problems that could develop. The responsibilities described in
the form shall include, but not be limited to:
' (a) Compliance with state and federal laws regarding Social
Security tax, income tax and unemployment tax.
' (b) Workers' compensation insurance on workers.
' (c) Liability and property damage insurance.
' (6) The board shall develop and furnish to city, county and
state building permit offices, at no cost to the offices, the
Information Notice to Property Owners About Construction
Responsibilities and the statement to be signed by the permit
applicant.
' (7) A city or county that requires a business license for
engaging in a business subject to regulation under this chapter
shall require that the licensee or applicant for issuance or
renewal of the business license file, or have on file, with the
city or county, a signed statement that the licensee or applicant
is licensed under this chapter.
' (8) It is prima facie evidence of doing business as a
contractor if a person for that person's own use performs,
employs others to perform, or for compensation and with the
intent to sell the structure, arranges to have performed any work
described in ORS 701.005 (3) if within any 36-month period that
person offers for sale two or more newly built structures on
which that work was performed.
' (9) Licensure under this chapter is prima facie evidence that
the licensee conducts a separate, independent business.
' (10) The provisions of this chapter are exclusive and a city,
county or other political subdivision may not require or issue
any registrations, licenses or surety bonds, nor charge any fee
for the regulatory or surety registration of any contractor
licensed with the board. This subsection does not limit or
abridge the authority of any city or county to:
' (a) License and levy and collect a general and
nondiscriminatory license fee levied upon all businesses or upon
business conducted by any firm within the city or county;
' (b) Require a contractor to pay a fee, post a bond or require
insurance when the city, county or political subdivision is
contracting for the service of the contractor; or
' (c) Regulate a contractor that is not required to be licensed
under this chapter.
' (11)(a) A contractor shall maintain a list that includes the
following information about all subcontractors or other
contractors performing work on a project for that contractor:
' (A) Names and addresses.
' (B) License numbers.
' (b) The contractor must deliver the list referred to in
paragraph (a) of this subsection to the board within 72 hours
after a board request made during reasonable working hours.
' (12) A contractor may not hire any subcontractor or other
contractor to perform work unless the subcontractor or contractor
is licensed under this chapter or exempt from licensure under ORS
701.010.
' (13) A consumer notification form designed to specifically
inform a property owner what the property owner should do to
protect themselves in a residential repair, remodel or
construction project shall be prepared by the board and provided
at no cost to all licensed contractors. The contractor shall
deliver the form to the property owner when the contractor
submits a bid or proposal for work on a residential structure.
The form shall include an explanation of the meaning of
licensure, including a statement that licensure is not an
endorsement of a contractor's work, and an explanation of the
bond and insurance levels required of contractors for the benefit
of property owners. The form must not be larger than one side of
a sheet of paper that is 8-1/2 inches by 11 inches. The
contractor may reproduce the form on the contractor's bid
proposal.
' (14) A contractor may not perform work subject to this
section for an owner of a residential structure without a written
contract if the aggregate contract price exceeds $2,000. If the
price of a contract was initially less than $2,000, but during
the course of performance the contract exceeds that amount, the
contractor shall mail or otherwise deliver a written contract to
the owner not later than five days after the contractor knows or
should reasonably know that the contract price will exceed
$2,000. Failure to have a written contract will not void the
contract.
' (15) Except as provided in ORS 671.540, a contractor that is
not licensed under ORS 671.560 shall hire a person licensed under
ORS 671.560 to perform landscaping work.'.
Delete lines 6 and 7.
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