Oregon Administrative Rules Chapter 812 - CONSTRUCTION CONTRACTORS BOARD
Oregon Administrative Rules, Chapter 812, specifically governs the Construction Contractors Board (CCB). This comprehensive set of rules dictates how construction contractors operate in Oregon, aiming to protect consumers and ensure a fair and compliant construction industry.
Here's a breakdown of the key areas covered in Chapter 812:
1. Administration and Definitions (Divisions 1 & 2):
These divisions lay out the general administrative procedures for the CCB and define important terms used throughout the rules.
2. Licensing (Division 3):
This is a cornerstone of Chapter 812. It details the requirements for obtaining a contractor's license in Oregon. Key aspects include:
Who needs a license: Generally, anyone who works for compensation in any construction activity involving improvements to real property in Oregon. This includes general contractors, specialty contractors (e.g., roofing, painting, concrete, plumbing, electrical, HVAC, tree services), home inspectors, developers, and even those providing labor-only services.
License categories/endorsements: Oregon offers various license endorsements based on the type of structure (residential, small commercial, large commercial) and the scope of work. Examples include Residential General Contractor (RGC), Commercial General Contractor Level 1 (CGC1), Residential Specialty Contractor (RSC), Home Services Contractor (HSC), etc.
Pre-licensure training and testing: Most licenses require a "Responsible Managing Individual" (RMI) to complete a 16-hour pre-license training course covering business practices, laws, and regulations, and then pass a state exam.
Surety bonds: All licensed contractors must obtain a surety bond, with amounts varying by license type (e.g., residential contractors typically $15,000-$20,000, commercial contractors $20,000-$75,000). The bond protects consumers if the contractor fails to meet contractual obligations.
General liability insurance: Contractors must provide proof of general liability insurance.
Workers' compensation: If a contractor hires employees, they must have workers' compensation coverage.
Business registration: Contractors must register their business with the Oregon Secretary of State.
3. Complaints and Dispute Resolution (Division 4 & 10):
These divisions outline the process for filing complaints against licensed contractors and the CCB's role in resolving disputes.
The CCB offers mediation services to help consumers and contractors resolve issues.
There are specific rules regarding the timing of complaints and required pre-complaint notices.
4. Enforcement (Division 5):
This division details the penalties for violations of Oregon's contractor laws and rules, including working without a license, failure to include license numbers in advertising, failure to pay prevailing wages, and more. Penalties can range from fines to license suspension or revocation.
5. Responsible Managing Individual (RMI), Pre-Licensure Training, and Testing (Division 6):
Provides more specific rules about the qualifications and responsibilities of the RMI.
6. Specialty Licensing and Certification (Divisions 7, 8, 30, 32):
Lead-Based Paint Activity (Division 7): Rules for licensing individuals and firms involved in lead-based paint renovation, repair, and painting.
Home Inspections (Division 8): Certification requirements for individuals and licensing for businesses engaged in home inspections.
Locksmith Certification (Division 30): Rules for locksmith certification.
Home Energy Assessors (Division 32): Rules for home energy assessors.
7. Contested Case Hearings and Appeal Committee (Division 9):
Outlines the procedures for formal hearings when disputes cannot be resolved through mediation.
8. Contractor Duties (Division 12):
Specifies the responsibilities and obligations of licensed contractors in their dealings with consumers and in performing construction work.
9. Continuing Education (Divisions 20, 21, 22):
Details the continuing education requirements for both residential and commercial contractors to maintain their licenses.
10. Energy Efficiency and Sustainable Technology Loan Program (EEAST) (Division 25):
* Addresses a specific loan program related to energy efficiency.
CCB's Overall Responsibilities:
The Oregon Construction Contractors Board serves several crucial functions:
Consumer Protection: By licensing and regulating contractors, the CCB aims to protect consumers from incompetent, unethical, or financially irresponsible contractors.
Licensing and Certification: It ensures that contractors meet minimum standards of training, experience, bonding, and insurance.
Dispute Resolution: Provides mediation services and a formal complaint process to resolve issues between consumers and licensed contractors.
Enforcement: Investigates complaints and takes disciplinary action against contractors who violate state laws and rules.
Education: Educates both contractors and consumers on best practices and legal requirements in construction.
In essence, Chapter 812 provides the detailed regulatory framework through which the CCB manages the construction industry in Oregon, promoting professionalism, accountability, and consumer confidence.
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