74th OREGON LEGISLATIVE ASSEMBLY--2007 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 575
A-Engrossed
Senate Bill 192
Ordered by the Senate March 29
Including Senate Amendments dated March 29
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
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.
{ - Allows Director of Department of Consumer and Business
Services or advisory board to issue suspension without prior
notice or hearing for up to 30 days pending investigation of
possible violation of building trade laws. Requires
post-suspension notice and provides opportunity for
post-suspension hearing. - }
Expands list of building trade law violations qualifying as
grounds for sanctions against construction contractor license.
Gives Department of Consumer and Business Services authority to
take action against building trade license, certificate,
registration or application for violations.
Expands list of prohibited actions dealing with violation or
assisting violation of building trade licensing laws. Prohibits
violation or assisting violation of building code technical
provisions.
Expands prohibition against employing unlicensed boiler
workers.
A BILL FOR AN ACT
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 Oregon:
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.
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