Oregon Administrative Code

812-002-0440 Last-Known Address of Record (1) “Last-known address of record” for a contractor, as used in ORS 701.117, or for a complainant means the most recent of: (a) The mailing address provided by the contractor or complainant in writing to the agency, designated by the cont…

812-002-0443 Legal Capacity to Enter into Contracts “Legal capacity to enter into contracts” as used in ORS 701.046(3)(b), means the attaining of the age of 18 for any sole proprietor, partner of any general partnership, limited liability partnership, limited partnership or joint…

812-002-0450 Licensee “Licensee” shall include the: (1) Sole proprietor that makes application to license or subsequently operate the sole proprietorship; (2) Partnership or limited liability partnership and the partners who make application to license or subsequently operate the…

812-002-0460 Monetary Damages “Monetary damages” may include, but is not limited to: (1) The dollar amount required in excess of the contract amount to provide the complainant what was agreed to be provided under the terms of the contract minus any amount due and unpaid the licen…

812-002-0480 Nature or Complexity “Nature or complexity” includes, but is not limited to the following meaning: (1) Involves issues requiring legal interpretation of statutes and case law that are not normally part of a construction complaint; (2) In the interest of fairness and …

812-002-0500 Nurseryman "Nurseryman" as used in ORS 701.005 means any person who cares for nursery stock for sale, as defined in 571.005(5). Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 571.005 & 701.005 History: CCB 8-2001, f. 12-12-01, cert. …

812-002-0520 Occupancy “Occupancy” may occur at the time of but not be limited to the first occurring of any of the following events: a majority of furniture and personal belongings is moved in, utility service begins, certificate of occupancy is issued, resident prepares meals a…

812-002-0530 Office of Administrative Hearings “Office of Administrative Hearings” means the Office of Administrative Hearings established under ORS 183.605. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.145 & 701.146 History: CCB 9-2008, f.…

812-002-0533 Officer (1) “Officer”, as used in ORS Chapter 701 and these rules means: (a) A person described as an “officer” in ORS 701.005; (b) A partner in a partnership, or limited liability partnership; (c) A responsible managing individual described in ORS 701.091; or (d) A …

812-002-0537 Owner “Owner”, as used in ORS 701.005, 701.046, 701.094, 701.098, 701.102, 701.227 and OAR 812-005-0210, means: (1) A person described as an “owner” in ORS 701.094; (2) A general partner in a limited partnership; (3) A majority stockholder in a corporation; (4) A man…

812-002-0540 Owner of a Structure (1) “Owner of a structure” means a person not required to be licensed under ORS Chapter 701 who: (a) Has a structure built by contractor; (b) Purchases or enters into an agreement to purchase a structure from a contractor or developer; or (c) Own…

812-002-0580 Person “Person” means: (1) An individual, including, but not limited to a self-employed individual; (2) A partnership, joint venture, limited liability partnership, or limited partnership; (3) A corporation; (4) A trust; (5) A limited liability company; or (6) Other …

812-002-0600 Primary Contractor “Primary contractor” is an entity who has a contract, either oral or written, with the owner of a structure to perform work subject to ORS Chapter 70l, or who is building a structure speculatively, or who is holding itself out to be a licensed cont…

812-002-0620 Registrant “Registrant” has the same meaning as licensee. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 3-2005, f. & cert. ef. 8-24-05 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 6-1998, f. 8-31-98, cert. ef. 9-1-9…

812-002-0630 Reinstate A license is reinstated when licensure is approved by the Board after a lapse that occurred because the license was suspended. A reinstated license is effective from the date that the suspension ends. Statutory/Other Authority: ORS 670.310 & 701.235 Statute…

812-002-0635 Reissue A license is reissued when licensure is approved by the Board after a lapse that occurred because the licensee failed to renew the license and failed to provide proof of bonding, letter of credit, or cash deposit coverage and insurance coverage during the lap…

812-002-0640 Renewal “Renewal” (of license) as used in ORS 701.063, 701.068 and 701.131 includes but is not limited to the act of submitting a replacement bond, a bond rider, or letter of credit or cash deposit, a certificate of insurance, a fee, the renewal form, any employer ac…

812-002-0660 Residential Structure "Residential structure" has the meaning given that term in ORS 701.005. A residential structure includes, but is not limited to: (1) A structure or work associated with placing a manufactured dwelling on support blocking or permanent foundations…

812-002-0670 Respondent “Respondent” means a contractor that a complaint is filed against under ORS 701.131 to 701.180 or that the board proposes to impose a civil penalty against under ORS Chapter 701, including but not limited to 701.992. Statutory/Other Authority: ORS 670.310 …

812-002-0673 Signed by Respondent “Signed by respondent,” as used in OAR 812-004-0340 or 812-004-1340, means signed by the respondent, if the respondent is a sole proprietorship, or an owner, officer, employee or authorized agent of the respondent. Statutory/Other Authority: ORS …

812-002-0675 Small Commercial Structure “Small commercial structure” has the meaning given that term in ORS 701.005. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005, 701.021, 701.139, 701.145, 701.146, 701.150 & 701.153 History: CCB 9-2008…

812-002-0677 Specialty Contractor “Specialty contractor” means a contractor who performs work on a structure, project, development or improvement and whose business operations: (1) Require the use of two or fewer unrelated building trades or crafts; or (2) If a residential contra…

812-002-0680 Speculative “Speculative” means in anticipation of or with the intent of selling to another entity during or after construction. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0700 Structure “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, or an improvement attached to real estate or any part thereof …

812-002-0720 Subcontractor “Subcontractor” is an entity who has a contract, either oral or written, with a contractor but not with the owner of the structure to perform work subject to ORS Chapter 701 and who is responsible for a specific portion of the entire project. Statutory/…

812-002-0740 Substantial Completion (1) For purposes of ORS 701.143, "Substantial completion" occurs when a person in the position of the owner would reasonably conclude that the contractor had fulfilled its obligations under the contract and that final payment was due. (2) In th…

812-002-0760 Work as a Contractor Includes “Work as a contractor”, as used in ORS 701.021 includes, but is not limited to: (1) Except as modified by section (8) of this rule, construction, alteration, repair, improvement, inspection, set-up, erection, moving, or demolition of a s…

812-002-0780 Work as a Contractor Does Not Include “Work as a contractor”, as used in ORS 701.021, does not include: (1) Sign painting unless the total area of all signs is more than 60 square feet. (2) Work performed by persons engaged in creating objects, which exist exclusivel…

812-002-0800 Work Period “Work Period” as used in, OAR 812-003-0150, 812-004-0320, 812-004-0600, 812-004-1320 and 812-004-1600 means the time period from the date a contractor accepts a payment, offers a written proposal, enters into a contract or begins construction, whichever o…

812-003-0100 Licensing Generally (1) A license and its identifying license number will be issued to one entity only. Other entities shall not be included in that license, but each shall be separately licensed and shall separately meet the licensing requirements. No entity may per…

812-003-0110 Standards of Behavior (1) A contractor shall not engage in dishonest or fraudulent conduct injurious to the welfare of the public. (2) A contractor shall cooperate fully with any investigation undertaken by the Board pursuant to ORS 701.225. Statutory/Other Authority…

812-003-0120 License Required to Advertise (1) No person shall advertise or otherwise hold out to the public that person's services as a contractor unless that person holds a current, valid license, nor shall any person claim by advertising or by any other means to be licensed, b…

812-003-0131 License Endorsements The following are license endorsements for new and renewal licenses: (1) Residential General Contractor. A licensee holding this endorsement may bid or perform work involving an unlimited number of unrelated building trades or crafts on residenti…

812-003-0142 License Application Fees (1) Effective July 1, 2024, the application fee for all renewal or reissued licenses is $400. For applications received on or before June 30, 2024, the application fee for all renewal or reissued licenses is $325. (2) Effective July 1, 2025, …

812-003-0152 Residential Bonds Generally (1) A properly executed residential bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form adopted…

812-003-0153 Commercial Bonds Generally (1) A properly executed commercial bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form adopted b…

812-003-0154 Construction Flagger Bonds (1) A properly executed construction flagger bond must: (a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. (b) Be in the form…

812-003-0155 Letters of Credit or Cash Deposits, Generally (1) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may provide a properly executed letter of credit as adopted by the Constructio…

812-003-0160 Entity Name Required on Bond, Letter of Credit or Cash Deposit (1) The name of the entity as it appears on the bond, letter of credit or cash deposit must be the same as the name on the application and entity name filed at the Oregon Corporation Division (if applicab…

812-003-0171 Bond, Letter of Credit or Cash Deposit For all new and renewal license applications, a surety bond as required under ORS 701.068, or a surety bond, letter of credit or cash deposit as required under ORS 701.088, must be in one of the following amounts: (1) Residentia…

812-003-0175 Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity (1) A business, including an individual person, applying for or renewing a license will file a bond, letter of credit or cash deposit in an amount up to five times the amount requi…

812-003-0180 Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit (1) The surety bond, letter of credit or cash deposits effective date is the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by th…

812-003-0190 New Bond, Letter of Credit or Cash Deposit Required for Change in Entity (1) If an entity licenses as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any …

812-003-0200 Insurance Generally (1) An applicant seeking licensure, renewal, reinstatement or reissuance shall certify that the applicant: (a) Has procured insurance from a risk retention group or an insurer transacting insurance in compliance with Oregon Revised Statutes and Or…

812-003-0210 Entity Name Required on Insurance Certification (1) The name of the entity as it appears on the certificate of insurance or other evidence of insurance must be the same as the name on the application and entity name filed at the Oregon Corporation Division (if applic…

812-003-0221 Insurance Amounts For all new and renewal license applications, insurance amounts as required under ORS 701.073, 701.081, and 701.084, must be in one of the following amounts: (1) Residential General Contractor — $500,000 per occurrence. (2) Residential Specialty Con…

812-003-0230 Effective and Cancellation Dates of the Insurance (1) For purposes of licensing, the effective date of the insurance required under ORS 701.073, 701.081 and 701.084 is the date on which the licensee has first met all requirements for licensing, renewal or reissue as …

812-003-0240 Independent Contractor (1) Purpose of Rule. The Landscape Contractors Board, Department of Revenue, Department of Consumer and Business Services, Employment Department, and Construction Contractors Board must adopt rules together to carry out ORS 670.600. ORS 670.600…

812-003-0250 Exempt and Nonexempt Class of Independent Contractor Licenses Contractors shall license as either nonexempt or exempt as provided in ORS 701.035. (1) The nonexempt class is composed of the following entities: (a) Sole proprietorships with one or more employees or tha…

812-003-0260 Application for New License (1) Each entity must complete an application form prescribed by the agency. Information provided on the form must include, but not be limited to: (a) Name of business entity, all additional business names, including assumed business names,…