75th OREGON LEGISLATIVE ASSEMBLY--2009 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 923
A-Engrossed
House Bill 2134
Ordered by the House May 1
Including House Amendments dated May 1
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human 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.
{ - Transfers authority of Construction Contractors Board
over lead-based paint activities to Department of Human Services.
Requires department to adopt certain rules related to removal and
disposal of lead-based paint. Makes violation subject to civil
penalty. - }
{ + Directs Department of Human Services to adopt rules for
regulation of lead-based paint activities, certification of
individuals and firms to perform specified activities related to
lead-based paint and accreditation of training providers to train
those individuals and firms. Makes violation of rules or
specified laws subject to civil penalty. Requires penalty moneys
to be deposited in Public Health Account for purposes of lead
poisoning prevention.
Directs Construction Contractors Board to establish system to
license contractors as lead-based paint activities contractors
and certified lead-based paint renovation contractors.
Establishes Construction Contractors Board Lead-Based Paint
Activities Fund. Continuously appropriates moneys in fund to
board for purposes of lead poisoning prevention.
Makes violation of board's rules or specified laws subject to
civil penalty. Requires penalty moneys to be deposited in fund
for purposes of lead poisoning prevention. + }
A BILL FOR AN ACT
Relating to lead-based paint activities; creating new provisions;
amending ORS 431.920, 701.005, 701.505, 701.510 and 701.515;
repealing ORS 701.500; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Lead poisoning is a significant health
concern because lead is a potent neurotoxin that affects every
system of the human body. It is harmful to individuals of all
ages and is especially harmful to children, fetuses and women of
childbearing age. Lead poisoning is one of the most common and
preventable pediatric health problems in Oregon.
(2) Common renovation activities such as sanding, cutting and
demolition can create hazardous lead dust and chips by disturbing
lead-based paint, which can be harmful to adults and children.
(3) The federal government assists states in preventing lead
poisoning and reducing lead hazards through:
(a)(A) The Lead-Based Paint Poisoning Prevention Act;
(B) The Lead Contamination Control Act of 1988;
(C) The Safe Drinking Water Act; and
(D) The Resource Conservation and Recovery Act of 1976.
(b) Implementing regulations of:
(A) The Department of Housing and Urban Development;
(B) The Environmental Protection Agency;
(C) The Occupational Safety and Health Administration; and
(D) The Centers for Disease Control and Prevention.
(c) The Residential Lead-Based Paint Hazard Reduction Act of
1992, which:
(A) Requires that sellers and landlords of residential housing
constructed before 1978 notify buyers and tenants of known
lead-based paint hazards; and
(B) Allows states to receive authorization from the
Environmental Protection Agency to provide for the accreditation
of lead-based paint activities and renovation training programs,
the certification of persons completing training programs and the
certification of lead-based paint activities and renovation
contractors pursuant to standards developed by the agency. + }
SECTION 2. { + As used in ORS 431.920 and section 4 of this
2009 Act:
(1) 'Certified' and 'certification' means an action by the
Department of Human Services verifying the successful completion
of a training program accredited by the department and any other
requirements.
(2) 'Firm' has the meaning given that term in 40 C.F.R. 745.83
and as further defined pursuant to the authorities described in
section 1 of this 2009 Act.
(3) 'Lead-based paint' has the meaning given that term in P.L.
102-550, section 1004, and as further defined pursuant to the
authorities described in section 1 of this 2009 Act.
(4) 'Lead-based paint activities' has the meaning given that
term in 40 C.F.R. 745.223 and as further defined pursuant to the
authorities described in section 1 of this 2009 Act.
(5) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 of this 2009 Act. + }
SECTION 3. ORS 431.920 is amended to read:
431.920. { + (1) + } The Department of Human Services shall:
{ - (1) Develop accreditation programs for training
providers; - }
{ - (2) Prescribe the requirements for and the manner of
testing the competency of license applicants for the protection
of the public and as required by federal law; - }
{ - (3) Prescribe those actions or circumstances that
constitute failure to achieve or maintain competency, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
certification; - }
{ - (4) Develop and conduct programs to screen blood lead
levels, to identify hazards and to educate the public, including
parents, residential dwelling owners and child care facility
operators, about the dangers of lead-based paint hazards and of
appropriate precautions that should be taken to reduce the
possibility of childhood lead poisoning; and - }
{ - (5) Impose fees to the extent necessary to pay the costs
of the following: - }
{ - (a) Certification of training curriculums, up to
$1,500; - }
{ - (b) Annual renewal of training providers and curriculums,
up to $500; - }
{ - (c) Certification of trainers, up to $500; - }
{ - (d) Annual renewal of trainer's certification, up to
$250; and - }
{ - (e) Certification test, up to $85. - }
{ + (a) Certify individuals to perform lead-based paint
activities;
(b) Certify firms to perform renovation;
(c) Accredit training providers to train individuals and firms
to perform lead-based paint activities and renovation;
(d) Develop and approve training programs for individuals and
firms performing lead-based paint activities and renovation;
(e) Establish standards based on best practices for the conduct
of lead-based paint inspections, risk assessment and abatement
services, renovation activities that disturb lead-based paint and
the disposal of lead-based paint that are in addition to, not
inconsistent with and not in lieu of any other workplace
standards required by law;
(f) Develop and conduct programs to screen blood lead levels,
identify hazards and educate the public, including but not
limited to parents, residential dwelling owners, pediatric
medical providers and child care facility operators, about the
dangers of lead-based paint and about appropriate precautions
that may reduce the probability of childhood lead poisoning;
(g) Adopt rules necessary to implement the provisions of this
section and sections 4 and 5 of this 2009 Act; and
(h) Establish fees sufficient to recover the costs of
implementing the provisions of this section and sections 4 and 5
of this 2009 Act, including but not limited to:
(A) Fees for certification and recertification of individuals
and firms to perform lead-based paint activities and renovation;
and
(B) Accreditation and reaccreditation of lead-based paint
training providers.
(2) The Department of Human Services may:
(a) Enter private or public property at any reasonable time
with consent of the owner or custodian of the property to
inspect, investigate, evaluate or conduct tests or take specimens
or samples for testing, as necessary to determine compliance with
section 4 of this 2009 Act;
(b) Issue subpoenas to determine compliance with section 4 of
this 2009 Act;
(c) Suspend, revoke or modify an individual's or firm's
certification to perform lead-based paint activities or
renovation if the individual or firm fails to comply with state
or federal statutes or regulations related to lead-based paint;
and
(d) Suspend, revoke or modify a certified renovator's
certification if the renovator fails to comply with state or
federal statutes or regulations related to lead-based paint. + }
SECTION 4. { + A person may not perform, or offer to perform,
lead-based paint activities or renovation unless the person is
certified as provided under ORS 431.920 or is performing
lead-based paint activities or renovation under the supervision
of a person certified under ORS 431.920. + }
SECTION 5. { + (1) Any person who violates any provision of,
or any rule adopted under, ORS 431.920 or section 4 of this 2009
Act shall forfeit and pay to the Public Health Account
established under ORS 431.210 a civil penalty of not more than
$5,000 for each violation. Moneys paid to the Public Health
Account under this section may be used only for the purposes of
lead poisoning prevention, including consumer and industry
outreach, public education, blood lead screening and other
activities.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) A civil penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction provided by
law.
(4) The Department of Human Services shall report all civil
penalties or sanctions imposed under this section or a rule
adopted under ORS 431.920 to each of the following state
agencies:
(a) The Construction Contractors Board;
(b) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; and
(c) The Department of Environmental Quality. + }
SECTION 6. ORS 701.005 is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Commercial contractor' means a licensed contractor that
holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer.
(3) 'Commercial developer' means a developer of property that
is zoned for or intended for use compatible with a small
commercial or large commercial structure.
(4) 'Construction debt' means an amount owed under:
(a) An order or arbitration award issued by the board that has
become final by operation of law;
(b) A judgment or civil penalty that has become final by
operation of law arising from construction activities within the
United States; or
(c) A judgment or civil penalty that has become final by
operation of law arising from a failure to comply with ORS
656.017.
(5) 'Contractor' means any of the following:
(a) A 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.
(b) A person that 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.
(c) 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.
(d) 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.
(e) Any person except a landscape contracting business,
nurseryman, gardener or person engaged in the commercial harvest
of forest products, that is engaged as an independent contractor
to remove trees, prune trees, remove tree limbs or stumps or to
engage in tree or limb guying.
(f) A business that supplies the services of a home inspector
certified under ORS 701.350 { - , a lead-based paint inspector
licensed under ORS 701.515 - } or a cross connection inspector
and backflow assembly tester certified under ORS 448.279.
(6) 'Developer' means a contractor that owns property or an
interest in property and engages in the business of arranging for
construction work or performing other activities associated with
the improvement of real property, with the intent to sell the
property.
(7) 'General contractor':
(a) 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.
(b) Does not mean a specialty contractor or a residential
limited contractor.
(8) '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.
(9) 'Key employee' means an employee or owner of a contractor
who is a corporate officer, manager, superintendent, foreperson
or lead person or any other employee identified by the board by
rule.
(10) 'Large commercial structure' means a structure that is not
a residential structure or small commercial structure.
(11) '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.
(12) 'Residential contractor' means a licensed contractor that
holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor; or
(d) Residential developer.
(13) 'Residential developer' means a developer of property that
is zoned for or intended for use compatible with a residential or
small commercial structure.
(14) 'Residential structure':
(a) Means:
(A) A residence that is a site-built home;
(B) A structure that contains one or more dwelling units and is
four stories or less above grade;
(C) A condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(D) A modular home constructed off-site;
(E) A manufactured dwelling; or
(F) A floating home as defined in ORS 830.700.
(b) Does not mean:
(A) Subject to paragraph (a)(C) of this subsection, a structure
that contains both residential and nonresidential units;
(B) Transient lodging;
(C) A residential school or residence hall;
(D) A state or local correctional facility other than a local
facility for persons enrolled in work release programs maintained
under ORS 144.460;
(E) A youth correction facility as defined in ORS 420.005;
(F) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(G) A detention facility as defined in ORS 419A.004;
(H) A nursing home;
(I) A hospital; or
(J) A place constructed primarily for recreational activities.
(15) 'Responsible managing individual' means an individual who:
(a) Is an owner described in ORS 701.094 or an employee of the
business;
(b) Exercises management or supervisory authority, as defined
by the board by rule, over the construction activities of the
business; and
(c)(A) Has successfully completed the training and testing
required for licensing under ORS 701.122 within a period
identified by the board by rule;
(B) Has demonstrated experience required by the board by rule;
or
(C) Has complied with the licensing requirements of ORS
446.395.
(16) 'Small commercial structure' means:
(a) A nonresidential structure that has a ground area of 10,000
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;
(b) A nonresidential leasehold, rental unit or other unit that
is part of a larger structure, if the unit has a ground area of
12,000 square feet or less, excluding 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
unit; or
(c) A nonresidential structure of any size for which the
contract price of all construction contractor work to be
performed on the structure as part of a construction project does
not total more than $250,000.
(17) '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 446.395.
(18) 'Zero-lot-line dwelling' means a single-family dwelling
unit constructed in a group of attached units in which:
(a) Each attached unit extends from foundation to roof with
open space on two sides; and
(b) Each dwelling unit is separated by a property line.
SECTION 7. ORS 701.505 is amended to read:
701.505. For the purposes of ORS { - 431.920 and - } 701.500
to 701.515:
(1) 'Abatement' has the meaning given that term in
P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1 of this 2009 Act + }.
(2) 'Accredited training program' means a training program that
has been accredited by the Department of Human Services to
provide training for individuals engaged in lead-based paint
activities.
{ - (3) 'Certified' means an action by the Department of
Human Services verifying the successful completion of a training
program accredited by the department and any other
requirements. - } { +
(3) 'Certified lead-based paint renovation contractor ' means a
contractor that is licensed by the Construction Contractors Board
to conduct lead-based paint renovation under ORS 701.515. + }
{ - (4) 'Discipline' means a specific type or category of
lead-based paint activity. - }
{ - (5) 'Evaluation' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in ORS 701.500. - }
{ - (6) - } { + (4) + } 'Inspection' has the meaning given
that term in P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as
further defined pursuant to the authorities described in
{ - ORS 701.500 - } { + section 1 of this 2009 Act + }.
{ - (7) - } { + (5) + } 'Lead-based paint' has the meaning
given that term in P.L. 102-550, section 1004, and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1 of this 2009 Act + }.
{ - (8) - } { + (6) + } 'Lead-based paint activities' has
the meaning given that term in 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1 of this 2009 Act + }.
{ - (9) 'Lead-based paint hazard' means any condition that
causes exposure to lead from lead-contaminated dust,
lead-contaminated soil, lead-contaminated paint that is
deteriorated or present in accessible surfaces, friction surfaces
or impact surfaces that would result in adverse human health
effects as established by the appropriate federal agency. - }
{ - (10) 'Licensed' means a person who has been certified by
the Department of Human Services in one or more disciplines and
has completed the requirements of the Construction Contractors
Board. - }
{ - (11) 'Registered' means a person or business that has met
the requirements for registration under this chapter. - }
{ + (7) 'Lead-based paint activities contractor' means a
contractor that is licensed by the Construction Contractors Board
to conduct lead-based paint activities under ORS 701.515.
(8) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 of this 2009 Act. + }
SECTION 8. ORS 701.510 is amended to read:
701.510. (1) A { - person - } { + contractor + } may not
perform lead-based paint activities in this state unless the
{ - person - } { + contractor + } is
{ - licensed in the appropriate lead-based paint discipline
under ORS 701.515 - } { + a lead-based paint activities
contractor + }.
{ + (2) A contractor may not perform lead-based paint
renovation in this state unless the contractor is a certified
lead-based paint renovation contractor. + }
{ - (2) - } { + (3) + } A { - person required by
subsection (1) of this section to obtain a license - }
{ + lead-based paint activities contractor or certified
lead-based paint renovation contractor + } must comply with the
provisions of ORS 431.920 and 701.500 to 701.515 { - or - }
{ + and + } any rules adopted pursuant thereto.
{ - (3) A person registered to conduct a lead-based paint
activities business may not employ any individual to perform
lead-based paint activities unless the person is licensed in the
appropriate lead-based paint discipline under ORS 701.515. - }
(4) A construction contractor who successfully completes an
accredited training program in lead-based paint activities
qualifies to have certification in that activity included in the
professional credentials of the contractor as described in ORS
701.120. The provisions of this subsection do not affect the
licensing requirements established in ORS 701.515.
SECTION 9. ORS 701.515 is amended to read:
701.515. { - (1) In accordance with any applicable provisions
of ORS chapter 183, the Construction Contractors Board by rule
shall establish a system to license persons and individuals in
lead-based paint disciplines required to be licensed under ORS
701.510. Such licensing shall include disciplines and
requirements described in 40 C.F.R. 745.225. Such a system shall
include but not be limited to provisions: - }
{ - (a) Prescribing the form and content of the times and
procedures for submitting applications for license issuance or
renewal. - }
{ - (b) Prescribing the fees for original issuance and
renewal of the license in amounts that do not exceed the cost of
administering the program. - }
{ - (c) Prescribing those actions or circumstances that
constitute failure to achieve or maintain licensing requirements,
or that otherwise are contrary to the public interest, for which
the agency may refuse to issue or renew or may suspend or revoke
a license. - }
{ - (2) - } { + (1) + } In accordance with { - any - }
applicable provisions of ORS chapter 183, the Construction
Contractors Board by rule shall establish a system to
{ - register businesses that employ persons or individuals in
lead-based paint disciplines required to be licensed under ORS
701.510 - } { + license contractors as lead-based paint
activities contractors and certified lead-based paint renovation
contractors + }. { - Such registration shall - } { + The
licensing system must + }include the requirements described in
40 C.F.R. 745.226. { - Such a system shall - } { + The
licensing system must + } include but { + need + } not be
limited to provisions:
(a) Prescribing the form and content of the times and
procedures for submitting applications for { - registration - }
{ + licensing + } or renewal.
(b) Prescribing the fees for original { - registration - }
{ + licensing + } and renewal of the { - registration - }
{ + license + } in amounts that do not exceed the cost of
administering the program.
{ + (c) Requiring an applicant for a certified lead-based
paint renovation contractor license to show that an employee of
the applicant has completed an accredited training program. + }
{ - (c) - } { + (d) + } Prescribing { - those - }
{ + the + } actions or circumstances that constitute failure to
achieve or maintain licensing requirements, or that otherwise are
contrary to the public interest, for which the { - agency - }
{ + board + } may refuse to issue or renew or may suspend or
revoke a { + lead-based paint activities contractor or certified
lead-based paint renovation contractor + } license.
{ + (2) The board may establish by rule the requirements for
specific types of licenses for lead-based paint activities
contractors. + }
(3) The { - Construction Contractors - } board may impose
the following licensing fees:
(a) Lead abatement contractor, up to $50 per year;
(b) Lead inspection contractor, up to $50 per year;
(c) Lead supervisor or lead contractor, up to $50 per year;
(d) Lead inspector or assessor, up to $50 per year;
{ - and - }
(e) Lead worker, up to $25 per year { - . - } { + ; + } { +
and
(f) Certified lead-based paint renovation contractor, up to $50
per year. + }
SECTION 10. { + (1) A person who violates any provision of, or
any rule adopted under, ORS 701.500 to 701.515 shall pay to the
Construction Contractors Board Lead-Based Paint Activities Fund
established under section 11 of this 2009 Act a civil penalty of
not more than $5,000 for each violation.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) A civil penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction provided by
law.
(4) The board shall report all civil penalties or sanctions
imposed under this section to each of the following state
agencies:
(a) The Department of Human Services;
(b) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; and
(c) The Department of Environmental Quality. + }
SECTION 11. { + The Construction Contractors Board Lead-Based
Paint Activities Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by
the Construction Contractors Board Lead-Based Paint Activities
Fund shall be credited to the fund. The fund consists of moneys
received by the Construction Contractors Board under section 10
of this 2009 Act. Moneys in the fund are continuously
appropriated to the Construction Contractors Board for the
purposes of lead poisoning prevention, including consumer and
industry outreach, public education and other activities. + }
SECTION 12. { + ORS 701.500 is repealed. + }
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