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Construction Work Regulated?

Who Regulates Construction?

Requirements?

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Construction Work Regulated?

Virtually every aspect of residential and commercial construction is regulated at the state level.

Plumbing work, electrical work, lead abatement work, lead-based paint renovation contractor, locksmith certification and home inspection work of 2 or more components, and asbestos abatement each require separate certification or licensing.

Work on federal property and work done by owners on their properties (without the intent to sell) is exempt from the licensing requirements.

Highway construction, as well as some other public works, require prequalification.

Who Regulates Construction?

Applications and information on contractor licensing requirements, whole house inspectors, locksmith certification, lead-based paint renovation contractor, lead abatement, inspection, and risk assessment contractor may be obtained from:

Oregon Construction Contractors Board
201 High Street South East, Suite 600
Salem, OR 97301
Post Office Box 14140
Salem, OR 97309-5052
(503) 378-4621 Fax (503) 373-2007
https://www.oregon.gov/CCB

Prequalification information for highway contracts may be obtained from:

Oregon Department of Transportation Construction Contracts Unit, MS #2-2
3930 Fairview Industrial Drive, South East
Salem, OR 97302-1166
(503) 986-2710/Fax (503) 986-6910
https://www.oregon.gov/ODOT

Licenses for asbestos abatement contractors are issued from:

Oregon Department of Environmental Quality
700 North East Multnomah Street, Suite 600
Portland, OR 97232-4100
(503)229-5263/Fax (503)229-6945
https://www.deq.state.or.us/aq/asbestos

Electrical and plumbing contractor applications and licensing information are available from:

Oregon Department of Consumer and Business Services
Building Codes Division
Post Office Box 14470
Salem, OR 97309-0404
(503) 378-4133
https://www.oregon.gov/bcd

Information on public works projects (other than highway work) is available from:

Oregon Department of Administrative Services
155 Cottage Street North East, U20
Salem, OR 97301-3972
(503) 378-3104/Fax (503) 373-7642
https://www.oregon.gov/DAS

Certifications for lead abatement, inspection, risk assessment, and for renovation firms not under CCB jurisdiction are issued from:

Oregon Health Authority
Oregon Lead-Based Paint Program
800 North East Oregon Street, Suite 640
Portland, OR 97232
(971) 673-0440/Fax (971) 673-0457
https://www.healthoregon.org/lead

Licensing for Drug Lab Cleanup Contractors is issued from:

Oregon Health Authority Clandestine Drug Lab Program
800 North East Oregon Street, Suite 640
Portland, OR 97232
(971) 673-0440/Fax (971) 673-0457
https://www.healthoregon.org/druglab

Requirements?

Highway Prequalification:
The prequalification filing fee is $200 and the prequalification lasts for two years. Per OAR 731-007-0530, applicants must be prequalified in the class(es) of work designated in the special provisions for the specific project on which the applicant desires to bid. Prequalification applications must be received at ODOT's address shown in the prequalification application at least 10 calendar days before the bid opening in which the applicant wishes to participate.

Contractors:
At least 1 responsible individual, per new business (except licensed developers), shall complete 16 hours of business and law training and pass a state examination covered by the training before an application can be submitted.

Contractors intending to perform public or private contracts must be licensed with the Construction Contractors Board.

Contractors who are employers must carry workers' compensation coverage. All contractors must post a bond and must carry liability insurance, in specific amounts depending on the selected license category (see box below).

The licensing endorsement system distinguishes between residential contractors and commercial contractors. Some contractors may be required to have both a residential and commercial endorsement.

Application and Renewal Fee / Bond Requirement / Insurance requirement / Experience requirement

Commercial General contractor lvl 1: $250 / $75,000 / $2million aggregate / 8 years

Commercial General contractor lvl 2: $250 / $20,000 / $1million aggregate / 8 years

Commercial Specialty contractor lvl 1: $250 / $50,000 / $1million aggregate / 4 years

Commercial specialty contractor lvl 2: $250 / $20,000 / $500,000 per occurrence / 4 years

Commercial developer: $250 / $20,000 / $500,000 per occurrence / none

Continuing education requirement / Workers compensation requirement

Commercial General Contractor lvl 1: 16-80 hours every 2 years* / required**

Commercial General Contractor lvl 2: 32 hours every 2 years / required**

Commercial specialty contractor lvl 1: 16-80 hours every 2 years* / required**

Commercial Specialty Contractor lvl 2: 32 hours every 2 years / required**

Commercial Developer: None / Required**

*Commercial continuing education requirements are based on the number of key
employees x 16 hours, with a maximum of 80 hours every 2 years.

**ORS 701.135(5) A person that is within the exempt class described in subsection (2)(b) of this section and is licensed as a commercial contractor shall procure and maintain workers' compensation insurance as authorized by ORS 656.128.

Commercial Warranty Required under ORS 701.340: The law requires that a · Commercial General Contractor, Level 1 or Level 2, who constructs a new, large commercial structure must provide the owner with a 2 year warranty against defects in materials and workmanship of the building envelope and penetration components. The warranty must provide that the contractor will inspect the building envelope and penetration components yearly, during the warranty period. The warranty does not need to cover conditions that result from the owner's improper maintenance.

Residential Warranty Required under ORS 701.320: Contractors entering into a contract to build a new residential structure must make a written offer to the owner or first purchaser, a warranty that provides against defects in materials and workmanship for the structure. (ORS 701.320)

This law does not apply to manufactured dwellings.

Lead-Based Paint Activities:
Inspectors, risk assessors, supervisors, project designers, workers and firms engaged in lead-based activities must be certified through the Oregon Health Authority and licensed by CCB. There are various education, training
and experience requirements depending on the desired certification. Inspectors, risk assessors and supervisors are also required to take a qualifying exam administered by the Oregon Health Authority. For further information consult OAR 333-069 located at the website: www.healthoregon.org/lead

License Type / 3 Year OHA certification fee / Annual CCB License Fee

Inspectors, Risk Assessors, Supervisors, Project Designers and Firms / $255 / $50
Abatement Workers / $150 / $25
Firms / $255 / $50

Lead-Based Paint Renovation Contractor (OAR 812-007):
Federal and state law requires that all contractors that renovate "target housing" or "child-occupied facilities" must be licensed and certified for that work. Generally speaking, "target housing" is housing built before 1978. "Child-occupied facilities" are places built before 1978 frequented by children under age 6. "Renovation" includes the following:

a. Removing, modifying or repairing painted surfaces.

b. Removing building components like walls, plumbing or windows.

c. Window replacement.

d. Weatherization projects.

e. Work that disturbs painted surfaces.

The federal law is intended to protect individuals from lead exposure. The federal law does not require that there be proof that buildings contain lead-based paint (LBP). Instead, it assumes possible exposure from renovating buildings constructed before 1978.

To satisfy the federal law, Oregon adopted a state law (OAR 333R070 OAR 812-007) creating a "certified LBP renovation contractor" license and an OHA Renovation Firm Certificate for organizations or individuals not under CCB jurisdiction.

OHA is responsible for maintaining rules defining standards for LBP renovation, accredited training providers and certifying individuals and firms to perform LBP renovation. The law also requires CCB to maintain a system to license contractors to perform LBP renovation. The CCB lead-based paint renovation license is for a 1 year license. The OHA lead based paint renovation firm certificate is valid for 5 years.

Clandestine Drug Lab Cleanup:
Supervisors, workers and firms providing services related to drug lab properties under this program must be licensed through the OHA. Contractor firms must be licensed, insured and bonded general contractors through the CCB. There are various training, education and experience requirements, depending on the desired certification. Supervisors and workers must complete training that includes OSHA 40-hour HAZWOPER training and specific drug lab training from OHA, including an examination. Licensing fees are $500 per year for firms. Reciprocity licensing is available at similar fee rates. Initial worker and Supervisor training is $250. Refresher training is required every other year and costs $100.

Plumbing and Electrical Contractors:
The Building Codes Division does not require contractors/businesses to pass an examination or provide experience documentation.

Asbestos:
Contractor applicants must submit an annual application to the Oregon Department of Environmental Quality and be licensed with the Construction Contractors Board. Must be certified, either as an abatement supervisor or worker.

License Type / Annual Fee

Contractor / $1,000
Supervisor / $65
Worker / $45

Other:
Public works contracts require a bid bond of 10% (cashier's or certified check) and a 100% performance bond.

RECIPROCAL AGREEMENTS
The Oregon Building Codes Division does not have reciprocal agreements for electrical and plumbing contractors with any other state.

The Oregon Construction Contractors Board does not recognize reciprocity with any other state. However, commercial and residential contractor applicants who have passed the NASCLA Accredited Examination for Commercial General Building Contractors are exempt from the required 16 hour pre-license training and may proceed directly to the state business and law exam.

Residential General Contractor:
This is the unlimited endorsement with no restrictions on number of trades for residential structures, zero-lot-line dwellings, or small commercial structures. Residential general contractors may also do residential
specialty contractor work. New home builders, remodelers and residential contractors who work on residential and/or small non-residential structures may belong in this category.

Residential Specialty Contractor:
Contractors with this endorsement can perform up to 2 trades or crafts (including those that are subcontracted out) per job, per year on residential structures, zero-lot-line dwellings, or small commercial structures.

Residential Limited Contractor:
No restrictions on trade for residential structures, zero-lot-line dwellings, or small commercial structures. These contractors are limited by the amount of gross sales per year and the amount per contract.

Residential Developer:
For those who arrange for the construction of residential structures, zero-lot-line dwellings, or small commercial structures that they intend to sell on property that they own or have in interest in. The residential developer shall act only in association with licensed general contractors, 1 or a combination of who must have sole responsibility for overseeing all phases of construction activity on a property; and may not perform any construction work on a property.

Commercial General Contractor Level 1:
This is the unlimited endorsement - no restrictions on trades for commercial structures or small commercial structures Level 1 commercial general contractors must have 8 years of construction experience and have a higher bond requirement than level 2 commercial general contractors.

Commercial General Contractor Level 2:
This is the unlimited endorsement - no restrictions on trades for commercial structures or small commercial structures. Level2 commercial general contractors must have 4 years of construction
experience and have a lower bond requirement than level 1 commercial general contractors.

Commercial Specialty Contractor Level 1:
Contractors with this endorsement can perform up to 2 trades or crafts (including those that are subcontracted out) per job, per year on commercial structures or small commercial structures. The trades can change from job to job. Level 1 commercial specialty contractors must have 8 years of construction experience and have a higher bond requirement than level 2 commercial specialty contractors.

Commercial Specialty Contractor Level 2:
Contractors with this endorsement can perform up to 2 trades or crafts (including those that are subcontracted out) per job, per year on commercial structures or small commercial structures. The trades can change from job to job. Level 2 commercial specialty contractors must have 4 years of construction experience and have a lower bond requirement than level 1 commercial specialty contractors