Title 52, Occupations and Professions

For the purposes of ORS 701.505 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 431A.350. (2) “Accredited training program” means a training program th…

(1) A contractor may not perform lead-based paint activities in this state unless the contractor is 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 renovatio…

(1) In accordance with applicable provisions of ORS chapter 183, the Construction Contractors Board by rule shall establish a system to license contractors as lead-based paint activities contractors and certified lead-based paint renovation contractors. The licensing system must …

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 co…

As used in ORS 701.527 to 701.536: (1) “Home energy assessor” means a person who assigns residential buildings a home energy performance score. (2) “Home energy performance score” means a score assigned to a residential building using the home energy performance score system adop…

(1) An individual may not undertake, offer to undertake or submit a bid to do work as a home energy assessor unless the individual is certified as a home energy assessor under ORS 701.532. (2) A business may not undertake, offer to undertake or submit a bid to assign home energy …

(1) The Construction Contractors Board shall certify an individual as a home energy assessor if the individual meets the requirements of this section and of any rule adopted by the board under this section. A home energy assessor certificate must be renewed annually. (2) The boar…

A home energy performance score contractor endorsement authorizes the holder to operate a business assigning home energy performance scores. [2013 c.383 §6]

(1) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home energy assessor or a home energy performance score contractor. (2) Notwithstanding ORS 701.122, the board may not require a home energy assessor or a h…

(1) As used in this section: (a) “Board-up services” means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry. (b) “Man-made or natural disaster” means a fire, flood, earthquake, crime or other sudden event that causes a st…

(1) As used in this section and ORS 701.547: (a) “Developer” means a person who contracts to construct, or arrange for the construction of, new residential housing on behalf of, or for the purpose of selling the residential housing to, a specific individual the person knows is th…

The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under ORS 701.545. In developing the model list of features, the board shall solicit the…

The Construction Contractors Board shall provide an annual notice to each contractor licensed under this chapter that informs contractors of the rules developed by the Director of the Department of Consumer and Business Services pursuant to ORS 455.355 prohibiting the installatio…

(1) As used in this section, “barrier-type exterior insulation and finish system” means a foam insulation board inner layer, a polymer and cement base coat middle layer reinforced with glass fiber mesh and a textured finish coat exterior layer, in which: (a) The layers are bonded…

As used in ORS 701.560 to 701.595 and 701.605: (1) “Contractor” means a person that performed services for the construction, alteration or repair of a residence. (2) “Defect” means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alt…

(1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any syste…

(1) A contractor, subcontractor or supplier that receives a notice of defect sent under ORS 701.565 shall, not later than 14 days after receiving the notice of defect, send a secondary notice to any other known contractor, subcontractor or supplier that may be responsible for som…

If a homeowners association or association of unit owners sends a notice of defect under ORS 701.565: (1) The periods during which a contractor, subcontractor or supplier may send a written request to conduct a visual examination or request to inspect the residence under ORS 701.…

(1) An owner sending a notice of defect under ORS 701.565 shall make the residence available for visual examination pursuant to any written request sent under ORS 701.570 or 701.572. The owner shall make the residence available for visual examination, during normal business hours…

(1) An owner may accept an offer contained in a written response under ORS 701.570 by delivering a written acceptance to the offering contractor, subcontractor or supplier within 30 days after receiving the offer. If an owner fails to accept an offer within 30 days after receipt,…

(1) If an owner sends a contractor, subcontractor or supplier a notice of defect within the time allowed for the owner to commence a court action against that contractor, subcontractor or supplier for a claim described in ORS 701.565, the time for the owner to commence the action…

If an owner compels arbitration or commences a court action against any contractor, subcontractor or supplier to assert a claim arising out of or related to the construction, alteration or repair of a residence located in this state and the owner has not followed the procedure se…

ORS 701.560 to 701.595 and 701.605 do not apply: (1) To personal injury or death claims. (2) To claims or complaints filed pursuant to ORS 671.695 or 701.139. (3) To claims against a person registered under ORS 671.010 to 671.220. (4) To complaints filed in a small claims departm…

(1) To facilitate the handling of warranty work or remediation of defects to a new commercial or residential structure or a zero-lot-line dwelling, a contractor who builds the structure may present for recording in the deed records of the county in which the new structure is buil…

As used in ORS 701.620 to 701.640: (1) “Construction contract” means a written or oral construction agreement, including all drawings, specifications and addenda relating to: (a) Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and othe…

(1) If a construction contract is for construction work that is expected to take 60 or more days to complete, an owner shall make progress payments to the original contractor. By mutual agreement with an original contractor, an owner may make progress payments to the original con…

(1) An original contractor, subcontractor or material supplier that performs in accordance with a construction contract is entitled to payment from the party with whom the original contractor, subcontractor or material supplier contracts. (2)(a) If a subcontractor has performed i…

(1) An original contractor may suspend performance under a construction contract, or if performance is suspended for longer than one month may terminate a construction contract, if the owner fails to make timely payment of the amount certified under ORS 701.625. An original contr…

(1) A construction contract may not include any provision, covenant or clause that: (a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract …

ORS 701.620 to 701.640 do not apply to: (1) A contract for the construction, alteration, repair, maintenance, moving or demolition of a building that is subject to the Low-Rise Residential Dwelling Code; (2) A public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B…

(1) Violation of ORS 701.021 is a Class A misdemeanor. (2) The intentional use of a contractor’s license number without the authorization of the licensed contractor is a Class A misdemeanor. (3) Use of a contractor’s license number, with or without the authorization of the licens…

(1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determ…

(1) A person who violates any provision of, or any rule adopted under, ORS 701.505 to 701.515 shall pay to the Construction Contractors Board Lead-Based Paint Activities Fund established under ORS 701.520 a civil penalty of not more than $5,000 for each violation. (2) Civil penal…