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 1532
 
                         Senate Bill 605
 
Sponsored by Senator NELSON (at the request of Grant Darrow)
  (Presession filed.)
 
 
                             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 as
introduced.
 
  Makes person engaged in business of cleaning or servicing
chimneys subject to licensure as construction contractor. Creates
one-year exemption from civil penalty for unlicensed cleaning or
servicing of chimney.
 
                        A BILL FOR AN ACT
Relating to construction contractors; creating new provisions;
  and amending ORS 701.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 701.005 is amended to read:
  701.005. As used in this chapter:
  (1) 'Board' means the Construction Contractors Board.
  (2) 'Construction debt' means an amount owed under:
  (a) A final order or arbitration award issued by the board; or
  (b) A judgment or civil penalty arising from construction
activities within the United States.
  (3) 'Contractor' means   { - a person - }   { + the operator of
a general contractor, residential-only contractor or specialty
contractor business or other person + } who, for compensation or
with the intent to sell, arranges or undertakes or offers to
undertake or submits a bid to construct, alter, repair, add to,
subtract from, improve, inspect, move, wreck or demolish, for
another, any building, highway, road, railroad, excavation or
other structure, project, development or improvement attached to
real estate { + , or to clean or service chimneys, + } or to do
any part thereof.   { -  ' Contractor ' includes general
contractors, residential-only contractors and specialty
contractors as defined in this section. - }
  (4) 'General contractor' means a contractor whose business
operations require the use of more than two unrelated building
trades or crafts that the contractor supervises or performs in
whole or part, whenever the sum of all contracts on any single
property, including materials and labor, exceeds an amount
established by rule by the board. 'General contractor' does not
include specialty contractors or limited contractors, as
described in ORS 701.085.
  (5) 'Home inspector' means a person who, for a fee, inspects
and provides written reports on the overall physical condition of
a residential structure and the appurtenances thereto. 'Home
inspector' does not include persons certified under ORS chapter
455 to inspect new, repaired or altered structures for compliance
with the state building code.
  (6) 'Inspector' means a contractor registered with the board
who inspects or otherwise provides services to a property owner
or other contractor but does not substantively add to or subtract
from a structure. 'Inspector' includes but is not limited to a
home inspector certified under ORS 701.350, a lead-based paint
inspector licensed under ORS 701.515 and a cross connection
inspector and backflow assembly tester certified under ORS
448.279. 'Inspector' does not include city or county inspectors
acting under ORS 701.225 or an inspector as defined in ORS
455.715.
  (7) 'Large commercial structure' means a structure that is not
a residential structure or small commercial structure.
  (8) 'Licensed developer' means a contractor who owns property
or an interest in property and arranges for construction work, if
the contractor:
  (a) Engages in the business of arranging for construction work
and performing other activities associated with the improvement
of real property, with the intent to sell the property;
  (b) Acts in association with one or more licensed general
contractors and the general contractor or combination of general
contractors have sole responsibility for overseeing all phases of
construction activity on the property; and
  (c) Does not perform any construction work on the property.
  (9) 'Officer' means any of the following persons:
  (a) A president, vice president, secretary, treasurer or
director of a corporation.
  (b) A general partner in a limited partnership.
  (c) A manager in a manager-managed limited liability company.
  (d) A member of a member-managed limited liability company.
  (e) A trustee.
  (f) A person defined as an officer under board rules. The
definition of officer adopted by board rule may include persons
not listed in this subsection who may exercise substantial
control over a business.
  (10) 'Residential-only contractor' means a general contractor
or specialty contractor who performs work exclusively in
connection with residential structures and small commercial
structures, and the appurtenances thereto. 'Residential-only
contractor' includes, but is not limited to:
  (a) A person who purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures;
  (b) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure;
  (c) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure; or
  (d) Any person except a landscape contractor, nurseryman,
gardener or person engaged in the commercial harvest of forest
products who is engaged as an independent contractor to remove
trees, prune trees, remove tree limbs or stumps or to engage in
tree or limb guying.
  (11) 'Residential structure' means a residence, including a
site-built home, modular home constructed off-site, floating home
as defined in ORS 830.700, condominium unit, manufactured
dwelling or duplex, or a multiunit residential building
consisting of four units or less that is not part of a
multistructure complex of buildings.
  (12) 'Small commercial structure' means a nonresidential
structure that has a ground area of 4,000 square feet or less,
including exterior walls, and a height of not more than 20 feet
from the top surface of the lowest flooring to the highest
interior overhead finish of the structure.
  (13) 'Specialty contractor' means a contractor who performs
work on a structure, project, development or improvement and
whose operations as such do not fall within the definition of
'general contractor.' 'Specialty contractor' includes a person
who performs work regulated under ORS chapter 446.
  SECTION 2.  { + Notwithstanding the amendments to ORS 701.005
by section 1 of this 2007 Act, the Construction Contractors Board
may not impose a civil penalty under ORS 701.992 for unlicensed
cleaning or servicing of a chimney that occurs not more than one
year after the effective date of this 2007 Act. + }
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