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
House Bill 2134
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to lead-based paint activities; creating new provisions;
amending ORS 431.920 and 701.005; and repealing ORS 701.500,
701.505, 701.510 and 701.515.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) The federal government regulates lead poisoning and lead
hazard reduction through:
(a)(A) The Lead-Based Paint Poisoning Prevention Act;
(B) The Lead Contamination Control Act of 1988;
(C) The Safe Drinking Water Act;
(D) The Resource Conservation and Recovery Act of 1976; and
(E) The Residential Lead-Based Paint Hazard Reduction Act of
1992; and
(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.
(2) In 1992, Congress passed the federal Residential Lead-Based
Paint Hazard Reduction Act, which requires that:
(a) States provide for the accreditation of lead-based paint
activities and renovation training programs, the certification of
persons completing such training programs and the certification
of lead-based paint activities and renovation contractors
pursuant to standards developed by the Environmental Protection
Agency.
(b) Sellers and landlords of residential housing constructed
before 1978 notify buyers and tenants of known lead-based paint
hazards.
(3) Lead affects every system of the 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
today. + }
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) '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.
(3) '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.
(4) '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. The Department of Human Services shall:
(1) Develop { + a program for the + } accreditation { + of
lead-based paint activities and renovation + }programs for
training providers;
(2) Prescribe { + by rule + } the requirements for and the
manner of testing the competency of { - license - } applicants
{ + for certification in performing lead-based paint activities
and renovation + } for the protection of the public and as
required by federal law;
(3) Prescribe { + by rule + } 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 - } { + ,
recertify, + } suspend or revoke a certification;
(4) Develop and conduct programs to screen blood lead levels,
to identify hazards and to educate the public, including { + but
not limited to + } 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 - } { + Adopt by rule + } fees { - to the
extent - } necessary to pay the costs of { + issuing and
administering + } { - the following - } :
(a) { - Certification - } { + Accreditation + } of
{ + lead-based paint activities and renovation training
providers and + } training curriculums { - , up to { +
+ }$1,500 - } ;
(b) { - Annual renewal - } { + Reaccreditation + } of
{ + lead-based paint activities and renovation + } training
providers and { + training + } curriculums { - , up to $500 - }
; { + and + }
{ - (c) Certification of trainers, up to $500; - }
{ - (d) Annual renewal of trainer's certification, up to
$250; and - }
{ - (e) - } { + (c) + } Certification { - test, up to
$85. - } { + of individuals and businesses performing
lead-based paint activities and renovation; and
(6) Establish by rule workplace standards based on best
practices for the removal and disposal of 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.
(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 or rule adopted under ORS 431.920.
(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 701.500, 701.505, 701.510 and 701.515 are
repealed. + }
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