Oregon Administrative Code

812-007-0300 License Required for Lead-Based Paint Renovation No contractor shall offer to perform or perform renovation in target housing or child-occupied facilities without first receiving a certified LBP renovation contractor license from the board, unless such contractor is …

812-007-0310 Application and Eligibility Requirements for Certified Lead-Based Paint Renovation Contractor A person applying to become a certified LBP renovation contractor must submit the following: (1) Completed application on a form provided by the board; (2) Proof that the pe…

812-007-0320 Effective Dates of New License and License Term for Certified Lead-Based Paint Renovation Contractor License (1) The effective date of the license will be the date the applicant meets all board requirements, including but not limited to the receipt of the fee require…

812-007-0323 License Surrender A certified LBP renovation contractor may request that the board accept the surrender of its license. (1) The license remains in effect until the board accepts the surrender. (2) If the board accepts the surrender, the board will notify the licensee…

812-007-0330 Renewal of Certified Lead-Based Paint Renovation Contractor License Persons licensed under these rules may renew their licenses by submitting the following: (1) A properly completed application for license renewal on a form provided by the board; (2) Proof that the p…

812-007-0350 Denial, Suspension or Revocation of Certified Lead-Based Paint Renovation Contractor License (1) The board may deny, suspend, or revoke a license of a certified LBP renovation contractor on the following grounds: (a) Obtaining a license through invalid documentation;…

812-007-0360 Fees for Certified Lead-Based Paint Renovation Contractor Licenses (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The fee for a certified LBP renovation contractor license is $50/year. (3) If the board receives payment of f…

812-008-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS Chapter 701. (2) Purpose. (a) The purpose of these rules is to create a program to certify home inspectors. (b) These rules prescribe the requiremen…

812-008-0020 Definitions The following definitions apply to Division 8 of OAR chapter 812: (1) “Administrator” means the Administrator of the agency. (2) “Agency” means the Oregon Construction Contractors Board. (3) “Automatic safety controls” means the devices designed and insta…

812-008-0030 Certification and License Required (1) Except as provided in section (3) of this rule, no individual shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first receiving certification to do same from the agency …

812-008-0040 Application Requirements and Eligibility Requirements (1) An individual must submit the following to qualify for certification: (a) An application on a form provided by the agency; (b) The fee established in OAR 812-008-0110; (c) If applicable, CCB number and name of…

812-008-0045 Temporary Authorization for Military Spouse – Home Inspectors (1) A spouse of an active-duty member of the United States Army, Army Active Guard Reserve, Navy, Marine Corps, Air Force, Air Force Active Guard Reserve, or Coast Guard stationed in Oregon may obtain a te…

812-008-0050 Examination Requirements (1) Beginning October 1, 2015, home inspector applicants shall successfully pass the National Home Inspector Examination created and graded by the Examination Board of Professional Home Inspectors. (2) National Home Inspector Examinations pas…

812-008-0060 Certification Issuance (1) The effective date of the certificate will be the date applicant meets all agency requirements, including but not limited the receipt of the fee required under OAR 812-008-0110. (2) A unique certification number will be assigned to each cer…

812-008-0065 Mailing and E-mail Address Changes (1) Certified home inspectors shall notify the board of any change in mailing or e-mail addresses while certified and for one year following the certification expiration date. Such persons must notify the board within 10 days after …

812-008-0070 Requirements for Renewal of Certification (1) An Oregon certified home inspector shall submit the following to the agency for renewal of certification: (a) A properly completed renewal application on an agency form; and (b) The renewal fee as required under OAR 812-0…

812-008-0072 Approved Continuing Education Units The following continuing education units (CEUs) are approved: (1) One CEU for each completed clock hour of instruction of approved subject matter in OAR 812-008-0074(1) given by the following: (a) Education providers approved under…

812-008-0074 Approved Course Subjects and Education Providers (1) The following subject areas are approved for continuing education units: Report writing, communication skills, business practices, legal issues, ethics, national examination content items, building codes, construct…

812-008-0076 Certification Renewal Term, Effective Date (1) Certification renewal shall be effective on the day following the expiration date of the certification for which renewal is sought if an Oregon certified home inspector fulfills all requirements of OAR 812-008-0070 on or…

812-008-0077 Certification Cards (1) The agency shall issue a certification and pocket card effective on the date on which the certification becomes effective under OAR 812-008-0060 or 812-008-0076. (2) A certification and pocket card is valid for the term for which it is issued.…

812-008-0090 Revocation of Certification The Construction Contractors Board may revoke the certificate of an Oregon certified home inspector or the license of a business that performs work as a home inspector for failure of the Oregon certified home inspector to: (1) Comply with …

812-008-0110 Prescribed Fees The following prescribed fees are established: (1) Initial two-year Certification, $150. (2) Certification renewal (two years), $150. (3) Refunds: (a) The agency shall not refund fees or civil penalties overpaid by an amount of $20 or less unless requ…

812-008-0200 Standards of Behavior and Standards of Practice OAR 812-008-0201 sets forth the standards of behavior of Oregon certified home inspectors. OAR 812-008-0202 through 812-008-0214 of this rule set forth the minimum standards of practice required by Oregon certified home…

812-008-0201 Standards of Behavior (1) An Oregon certified home inspector shall not: (a) Engage in dishonest or fraudulent conduct or undertake activities that are injurious to the welfare of the public, which result in injury or damage to another person. (b) Disclose any informa…

812-008-0202 Contracts and Reports (1) Home inspections undertaken according to Division 8 shall be based solely on the property conditions, as observed at the time of the home inspection. (2) Oregon certified home inspectors shall: (a) Provide a written inspection contract, sign…

812-008-0203 General Limitations (1) Inspections undertaken in accordance with division 8 are visual and are not technically exhaustive. (2) “Residential structures” and “appurtenances” thereto are defined in ORS Chapter 701.005 and OAR 812-008-0020. Statutory/Other Authority: OR…

812-008-0204 General Exclusions (1) Oregon certified home inspectors are not required to report on: (a) Life expectancy of any component or system; (b) The causes of the need for a repair; (c) The methods, materials, and costs of corrections; (d) The suitability of the property f…

812-008-0205 Structural Components (1) The Oregon certified home inspector shall observe and describe visible structural components including: (a) Foundation; (b) Floors and floor structure; (c) Walls and wall structure; (d) Columns or piers; (e) Ceilings and ceiling structure; a…

812-008-0206 Exterior and Site (1) The Oregon certified home inspector shall observe and describe: (a) Wall cladding, flashings, and trim; (b) Entryway doors and all windows; (c) Garage door operators; (d) Attached decks, balconies, stoops, steps, areaways, porches, and applicabl…

812-008-0207 Roofing (1) The Oregon certified home inspector shall observe and describe: (a) Roof coverings; (b) Roof drainage systems; (c) Flashings; (d) Skylights, chimneys, and roof penetrations; and (e) Signs of leaks or abnormal condensation on building components. (2) The O…

812-008-0208 Plumbing (1) The Oregon certified home inspector shall observe: (a) Interior water supply and distribution system, including piping materials, supports, and insulation, fixtures and faucets, functional flow, leaks, and cross connections; (b) Interior drain, waste, an…

812-008-0209 Electrical (1) The Oregon certified home inspector shall observe: (a) Service entrance conductors; (b) Service equipment, grounding equipment, main overcurrent device, and distribution panels; (c) Amperage and voltage ratings of the service; (d) Branch circuit conduc…

812-008-0210 Heating (1) The Oregon certified home inspector shall observe permanently installed heating systems including: (a) Heating equipment; (b) Normal operating controls; (c) Automatic safety controls; (d) Chimneys, flues, and vents, where readily visible; (e) Solid fuel h…

812-008-0211 Central Air Conditioning (1) The Oregon certified home inspector shall observe: (a) Central air conditioning systems including cooling and air handling equipment and normal operating controls. (b) Distribution systems including fans, pumps, ducts and piping, with ass…

812-008-0212 Interiors (1) The Oregon certified home inspector shall observe and describe: (a) Walls, ceiling, and floors; (b) Steps, stairways, balconies, and railings; (c) Counters and cabinets; and (d) Doors and windows. (2) The Oregon certified home inspector shall: (a) Opera…

812-008-0213 Insulation and Ventilation (1) The Oregon certified home inspector shall observe and describe: (a) Insulation and vapor retarders/barriers in unfinished spaces; (b) Ventilation of attics and foundation areas; (c) Kitchen, bathroom, and laundry venting systems; and (d…

812-008-0214 Built-in Kitchen Appliances (1) The Oregon certified home inspector shall observe and operate the basic functions of the following kitchen appliances: (a) Installed dishwasher, through its normal cycle; (b) Range, cook top, and installed oven; (c) Trash compactor; (d…

812-009-0050 Providing Required Information to Parties The agency delegates to the Office of Administrative Hearings or the administrative law judge the responsibility to provide the information required to be given to each party under ORS 183.413(2) and OAR 137-003-0510(1). Stat…

812-009-0060 Hearing Postponement If a party requests postponement of a hearing, the request may be granted if: (1) The request is promptly made after the party receives the notice of hearing or is promptly made after emergency or unforeseen circumstances arise; (2) The party est…

812-009-0300 Hearing Notice and Limitation on Final Civil Penalty Order A notice of hearing shall contain the duration of any suspension and the amount of any civil penalty sought by the agency. The administrative law judge shall not issue a final civil penalty order in an amount…

812-009-0320 Entry of Agency Evidence Contested case enforcement hearings may be held before an administrative law judge. The agency's evidence may be entered into the record by the administrative law judge, or by another representative of the agency. Statutory/Other Authority: O…

812-009-0340 Agency Representation by Officer or Employee (1) Subject to the approval of the Attorney General as provided in ORS 183.452, agency officers and employees may appear, but not make legal argument, on behalf of the agency in the following types of hearings conducted by…

812-009-0350 Amended Proposed Order or Final Order after Hearing In accordance with OAR 137-003-0655(7), the agency exempts from the 90-day requirement for an amended proposed order or final order all cases in which written exceptions are filed with the board. In these cases, 90 …

812-009-0420 Exceptions to Agency Orders, Enforcement (1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exception…

812-009-0435 Rescheduling of Exceptions Before the Appeal Committee If a party requests in writing to reschedule the case scheduled before the Appeal Committee, the request may be granted if: (1) The request is promptly made after the party receives the notice of the scheduling o…

812-009-0440 Appeal Committee Meeting (1) At the meeting of the Board’s Appeal Committee, the Committee will consider documentary evidence received at the hearing and exceptions and written or oral argument for or against the proposed order, but the Committee will not consider ne…

812-011-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.120. (2) Purpose. The purpose of these rules is to provide needed information to the public about contractors who have successfully completed ac…

812-011-0010 Definitions The following definitions apply to OAR 812 division 11: (1) "Accredited training" means education that is recognized as having met minimum standards prescribed by the United States Environmental Protection Agency under 40 CFR 745. (2) "Approved training" …

812-011-0030 Approved and Accredited Training The agency shall accept the following lead safe work practices training: (1) Successful completion of a lead-based paint supervisor or worker training course accredited by the Oregon Department of Human Services; (2) Successful comple…

812-011-0050 Procedures The agency shall use the following procedures to add and delete information from licensee records the agency releases to the public per ORS 701.250: (1) If a credential holder wants approved or accredited training in OAR 812-011-0030 added to the licensee’…