Definitions

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_812/812_002.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 2
DEFINITIONS

812-002-0001
Applicant
"Applicant" has the same meaning as licensee.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 3-2005, f. & cert. ef. 8-24-05
812-002-0002
Application of Definitions
Unless other wise provided, definitions in this division apply to the rules in this chapter and statutes in ORS Chapter 701.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02
812-002-0011
Administrative Law Judge
“Administrative law judge” means a person authorized to conduct hearings for the Office of Administrative Hearings.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.145 & 701.146

Hist.: CCB 7-2003, f. & cert. ef. 8-8-03; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0020
Agency
"Agency" means the administrative agency including the staff of the Construction Contractors Board.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.515

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0035
Appeal Committee
"Appeal Committee" means the appeal committee appointed under ORS 701.260.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.260

Hist.: CCB 2-2001, f. & cert. ef. 4-6-01
812-002-0040
Appurtenance
“Appurtenance” means any accessory improvement to real estate associated with a structure.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 656.027, 701.005, 701.139, 701.145, 701.146 & 701.325

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0060
Bid
“Bid” as used in
ORS 701.021 does not include a prospectus for an art project.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 279C.460
& 701

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 18-2008, f. &
cert. ef. 11-20-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-002-0080
Board
"Board" means the nine-member appointed Construction Contractors Board.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 87.058, 87.093 & 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0100
Building Trades or Crafts
“Building trades or crafts”,
as used in ORS 701.005(7)(a) and these rules, means the following special trade
contractors as defined by the four-digit codes in the 1987 Standard Industrial Classification
Manual:
(1) Building trade contractors
including:
(a) 1711 — Plumbing,
Heating and Air Conditioning.
(b) 1721 — Painting and
Paper Hanging.
(c) 1731 — Electrical
Work.
(d) 1741 — Masonry, Stone
Setting and Other Stone Work.
(e) 1742 — Plastering,
Drywall, Acoustical and Insulation Work.
(f) 1743 — Terrazzo,
Tile, Marble, and Mosaic Work.
(g) 1751 — Carpentry
Work.
(h) 1752 — Floor Laying
and Other Floor Work.
(i) 1761 — Roofing, Siding
and Sheet Metal Work.
(j) 1771 — Concrete Work.
(k) 1791 — Structural
Steel Erection.
(l) 1793 — Glass and
Glazing Work.
(m) 1794 — Excavation
Work.
(n) 1795 — Wrecking and
Demolition Work.
(o) 1796 — Installation
or Erection of Building Equipment Not Elsewhere Classified.
(p) 1799 — Special Trade
Contractors, Not Elsewhere Classified.
(2) Heavy construction (other
than building construction) contractors, when the contractor is performing as a
subcontractor, including:
(a) 1611 — Highway and
Street Construction.
(b) 1622 — Bridge, Tunnel
and Elevated Highways.
(c) 1623 — Water, Sewer,
Pipeline and Communication and Power Line Construction.
(d) 1629 — Heavy Construction,
Not Elsewhere Classified.
(3) Other
(a) 0783 — Tree Service.
(b) 7342 — Pest Control.
(c) 7363 — Chimney and
other structural cleaning.
(d) 7389 — Inspection
Services.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.005
& 701.013

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 4-2003, f. &
cert. ef. 6-3-03; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-002-0120
Casual, Minor or Inconsequential
(1) “Casual, minor or inconsequential”
as used in ORS 701.010(4) means work:
(a) That does not require
a permit;
(b) That does not affect
the health or safety of the owner or occupant of the structure;
(c) For which the aggregate
contract price for all work on one structure or project is less than $1,000; and
(d) That does not include
work done as a subcontractor to a licensee.
(2) Work involving lead-based
paint abatement, inspection, renovation or risk assessment of child-occupied facilities
or target housing, as those terms are defined in OAR 812-007-0020, affects the health
and safety of owners and occupants and is not “casual, minor or inconsequential”
work.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 656.027
& 701.010
Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-002-0140
Complaint
“Complaint,” as used in OAR chapter 812, means a complaint filed and processed under ORS 701.131–701.180. Complaints are classified by type as follows:
(1) “Construction lien complaint” is a complaint filed by an owner against a primary contractor to discharge or to recoup funds expended in discharging a construction lien filed by an employee, supplier or subcontractor because the primary contractor did not pay the employee, supplier or subcontractor.
(2) “Employee complaint” is a complaint for unpaid wages or benefits filed by an employee of a licensee or by the State of Oregon Bureau of Labor and Industries to collect unpaid wages from a licensee for work done by the employee relating to the licensee’s operation as a contractor under ORS Chapter 701.
(3) “Employee trust complaint” is a complaint for unpaid payments for employee benefits filed by a trustee with authority to manage and control a fund that receives the employee benefit payments.
(4) “Material complaint” is a complaint filed by a supplier who has not been paid for materials sold to a licensee to be used and installed in a specific structure located within the boundaries of the State of Oregon, or for the rental of equipment to a licensee to be used in the performance of the work of a contractor in connection with such a structure.
(5) “Owner complaint” is a complaint filed by an owner for breach of contract, or for negligent or improper work subject to ORS Chapter 701, or a construction lien complaint.
(6) “Primary contractor complaint” is a complaint by a primary contractor against a licensed subcontractor.
(7) “Subcontractor complaint” is a complaint filed by a subcontractor arising out of a contract between the subcontractor and a primary contractor for unpaid labor or materials furnished under the contract.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 87.058, 87.093 & Ch. 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10
812-002-0143
Complainant
“Complainant” means a person who files a complaint against a contractor under ORS 701.131 to 701.180.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.131 - 701.180

Hist.: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0160
Construction Management
“Construction management”
is the coordinating of a construction project, including, but not limited to, selecting
contractors to perform work on the project, obtaining permits, scheduling specialty
contractors’ work, and purchasing materials. “Construction management”
does not include consulting work performed by a registered engineer or a licensed
architect when operating as provided by ORS 701.010(8).
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.005,
701.021, 701.026 & 701.238
Hist.: CCB 4-1998, f. & cert. ef.
4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert.
ef. 7-1-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 6-2012, f. 4-25-12, cert.
ef. 5-1-12
812-002-0170
Contractor
"Contractor" has the same meaning as that term is given in ORS 701.005. Contractors include persons who are and who are not licensed under ORS chapter 701.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-002-0180
Contractor Became Aware of the Requirement
“Contractor became aware of the requirement” (to license) as used in ORS 701.131 includes but is not limited to the date a letter or a proposed order is mailed to the address of record from the agency indicating that the contractor was performing the work of a contractor and must be licensed with the Construction Contractors Board.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.131

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0190
Court, Arbitrator or Other Entity
“Court, arbitrator or other entity” means a court of competent jurisdiction or an arbitrator or other entity authorized by law or the parties to a dispute to effect a resolution to the dispute.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 183.415, 183.460 & 701.131 - 701.180

Hist.: CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0200
Date the Contractor Becomes Aware of a Lapse in License
“Date the contractor becomes aware of a lapse in license” includes but is not limited to the date a notice is mailed to the address of record from the Construction Contractors Board that his/her license has been suspended, terminated or lapsed for any reason.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063 & 701.131

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0220
Date Contractor Incurred Indebtedness
"Date the contractor incurred the indebtedness" as used in ORS 701.143, has the following meanings:
(1) For a material complaint, this date is the date of delivery or the date the purchaser takes possession of the materials that are the subject of the complaint. If the delivery date is unknown, the date of the invoice applies except in the case of special or custom ordered materials, the date of order constitutes the date of indebtedness.
(2) For an employee complaint or employee trust complaint, this date is the date the employee performed the work that is the subject of the complaint.
(3) For a subcontractor complaint, this date is the date the subcontractor ceases to perform the work at issue in the complaint, substantially completes the work or submits a request for payment for the work, whichever occurs first.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.143 & 701.145

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07
812-002-0230
Days
"Days" as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02
812-002-0250
Direct Contractual Relationship
“Direct Contractual Relationship”
as used in OAR 812-004-0320 or 812-004-1320 has the following meanings:
(1) For an owner, construction
lien or primary contractor complaint, “direct contractual relationship”
means a relationship created by a contract between the complainant and the respondent
providing that the respondent perform construction work in return for valuable consideration
conveyed directly from the complainant to the respondent.
(2) For a material complaint
or subcontractor complaint, “direct contractual relationship” means
a relationship created by a contract between the complainant and the respondent
providing that the complainant provide labor, material or rental equipment in return
for valuable consideration conveyed directly from the respondent to the complainant.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.235

Hist.: CCB 8-2004, f. &
cert. ef. 10-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-002-0260
Dishonest or Fraudulent Conduct
"Dishonest or fraudulent conduct",
as used in ORS 701.098(1)(L) and (4)(a)(D) includes, but is not limited to, the
following:
(1) Acting in a manner that,
because of a wrongful or fraudulent act by the applicant or licensee, has resulted
in injury or damage to another person; or
(2) Failing to pay monies when
due for materials or services rendered in connection with the applicant's or licensee's
operations as a contractor when the applicant or licensee has received sufficient
funds as payment for the particular construction work project or operation for which
the services or materials were rendered or purchased; or
(3) Accepting payment in advance
on a contract or agreement and failing to perform the work or provide services required
by the contract or agreement in a diligent manner and failing to return payment
for unperformed work, upon reasonable and proper demand, within ten days of demand;
or
(4) Displaying to the public
false, misleading, or deceptive advertising whereby a reasonable person could be
misled or injured; or
(5) Submitting a license application
that includes false or misleading information; or
(6) Submitting a false gross
business volume certification in order to qualify for a reduced bond amount as set
forth in OAR 812-003-0280; or
(7) Failing to pay minimum wages
or overtime wages as required under state or federal law; or
(8) Failing to comply with the
state Prevailing Wage Rate Law, ORS 279C.800 to 279C.870; or
(9) Failing to comply with the
federal Davis-Bacon and related acts when the terms of the contract require such
compliance.
(10) Failing to pay wages as
determined by the Bureau of Labor & Industries, Wage and Hour Division.
(11) Failing to timely pay a
civil penalty or fine imposed by a unit of local, state, or federal government.
(12) Presenting for payment
to the Board a check that subsequently is returned to the agency due to non-sufficient
funds or closure of the account.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.098

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 11-2000(Temp),
f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01; CCB 14-2000, f. & cert. ef. 12-4-00;
CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02;
CCB 4-2003, f. & cert. ef. 6-3-03; CCB 9-2004, f. & cert. ef. 12-10-04;
CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06;
CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12
812-002-0262
Engaged in the Commercial Harvest of Forest Products
“Engaged in the commercial harvest of forest products” as used in ORS 701.005(5)(e) means engaged in buying or selling fallen trees, logs, poles or pilings. “Engaged in the commercial harvest of forest products” does not mean masticating, chipping or mulching trees or brush on site.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09
812-002-0265
Exercises Management or Supervisory Authority Over the Construction Activities of the Business
"Exercises management or supervisory authority over the construction activities of the business" as used in ORS 701.005 means meaningfully participating in:
(1) The administration of construction contracts performed by the business; or
(2) The administration of the day-to-day operations of the business.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-002-0275
Family Members
"Family members" mean members of the same family and are parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, or grandchildren.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 3-2005, f. & cert. ef. 8-24-05
812-002-0280
For Compensation or With the Intent to Sell
“For compensation
or with the intent to sell” as used in ORS 701.005 is not intended to include
real estate licensees engaged in professional real estate activities as defined
in ORS 696.010(13).
Stat. Auth.:
ORS 670.310 & 701.235

Stats.
Implemented: ORS 701.005, 701.010, 701.021, 701.026 & 701.131

Hist.:
CCB 4-1998, f. & cert. ef. 4-30-98; CCB 4-2003, f. & cert. ef. 6-3-03; CCB
9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11
812-002-0300
Gardener
"Gardener" as used in ORS 701.005 means a person who cares for plots of ground where herbs, fruits, flowers, or vegetables are cultivated, including the removal of trees up to 15 feet in height when the diameter of the tree is four inches or less at ground level, and removal of tree limbs up to 15 feet above ground level when the diameter of the limb is three inches or less.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
812-002-0320
General Contractor
"General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises, subcontracts to be performed or performs in whole or in part.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11
812-002-0325
Good Cause
"Good cause" as used in ORS 279C.585 exists if the prime contractor that substituted an undisclosed first-tier subcontractor can show that a reasonable person with the knowledge possessed by the prime contractor when the substitution was made would have concluded that:
(1) The substitution was consistent with, and did not violate, public policy expressed in ORS 279C.305, that public agencies shall make every effort to construct public improvements at the least cost to the public; and
(2) One or more of the following facts was true:
(a) The subcontractor was financially unstable.
(b) The subcontractor had an unacceptable performance history on past contracts.
(c) The subcontractor had an unacceptable history of untimely performance.
(d) The subcontractor had an unacceptable history of filing excessive claims and lawsuits on past contracts.
(e) The subcontractor had an unacceptable work safety record.
(f) The subcontractor did not have sufficient human resources to do the work required under contracts entered into by the subcontractor.
(g) The subcontractor failed or refused to meet insurance requirements of the prime.
(h) The subcontractor failed or refused to meet requirements of ORS 279C.505(2).
(i) The subcontractor's ability to successfully perform the project and protect the guarantees placed by the prime contractor was substantially jeopardized.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 279.322

Hist.: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2002, f. & cert. ef. 3-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
812-002-0345
Hours of Training
“Hours of Training” as used in OAR 812-006-0200 to 812-006-0250 of these rules refers to clock hours, not credit hours. “Hours of training” does not include time spent for registration or breaks.
Stat. Auth.: ORS 670.310, 701.122 & 701.235

Stats. Implemented: ORS 701.091 & 701.122

Hist.: CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-002-0350
Individual
"Individual", as used in ORS chapter 701, means a natural person.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
812-002-0360
Inspect
“Inspect”, as used
in ORS 701.005(5), means the examination of a structure or its appurtenances for
the purposes of determining the condition of the structure, identifying construction
faults, exposing potential maintenance problems, assessing life expectancy, and/or
estimating repair costs, and does not include pest control examinations for non-wood-destroying
organisms and does not include pest control examinations for wood destroying organisms
except when conducted as part of an inspection for the transfer of real estate.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-002-0380
Insurance
“Insurance” required under ORS 701.073 means public liability, personal injury and property damage insurance covering the work of the contractor, including coverage of liability for products and completed operations according to the terms of the policy and subject to applicable policy exclusions.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 670.600, 701.073

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 1-2004, f. & cert. ef. 2-2-04; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-002-0390
Key Employee
“Key employee” means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson, lead person or any other person who exercises management or supervisory authority over the construction activities of the business.
Stat. Auth.: ORS 670.310, 701.124 & 701.235

Stats. Implemented: 701.124

Hist.: CCB 9-2010(Temp), f. & cert. ef. 5-18-10 thru 11-12-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10
812-002-0400
Labor
"Labor" as used in ORS 701.140 means work subject to ORS Chapter 701 performed as an employee of a licensee.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.140 & 701.150

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
812-002-0420
Lapse in License
“Lapse in license” as used in ORS 701.063(4), 701.131(2)(b), 701.225(6)(b) and OAR chapter 812 commences at the time that a license expires, is suspended or is terminated for any reason and ends when the license is renewed, reissued or reinstated by the agency.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063, 701.131 & 701.225

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 6-2003(Temp), f. & cert. ef. 7-9-03 thru 1-3-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 18-2008, f. & cert. ef. 11-20-08; CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09
812-002-0430
Large Commercial Structure
"Large commercial structure" has the meaning given that phrase in ORS 701.005.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
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 contractor or complainant as the contractor’s or complainant’s mailing address; or
(b) The forwarding address for the contractor or complainant, so designated by the United States Postal Service, except as provided in section 2 of this rule.
(2) A forwarding address is not effective as a “last known address of record” until the address is entered into agency records or seven calendar days after the agency receives notice of the forwarding address, whichever occurs first.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.117

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 venture, corporate officer, member, or
any other persons similarly situated who holds or could hold the authority to enter
into a contract on behalf of the licensed entity.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.046

Hist.: CCB 8-2001, f. 12-12-01,
cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 3-2012, f. & cert. ef. 3-2-12
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 partnership or limited liability partnership;
(3) Joint venture and the joint venturers who make application to license or subsequently operate the joint venture;
(4) Limited partnership and the general partners who make application to license or subsequently operate the limited partnership;
(5) Limited liability company and the members who make application to license or subsequently operate the limited liability company;
(6) Corporation and the corporate officers who make application to license or subsequently operate the corporation; or
(7) Trust and the trustees who make application to license or subsequently operate the trust.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 3-2005, f. & cert. ef. 8-24-05
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 licensee; or
(2) The dollar amount paid to the licensee less the reasonable value of any work properly performed by the licensee, plus the cost to demolish work that has no value, and to restore the property to the condition it was in before work began.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.068 & 701.140

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 equity, requires rulings against persons or entities outside the jurisdiction of the agency; or
(3) Involves issues and fact determinations that are outside the expertise of the agency.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.145

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07
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).
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 571.005 & 701.005

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
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 and remains overnight.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.010 & 701.145

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
812-002-0530
Office of Administrative Hearings
“Office of Administrative Hearings” means the Office of Administrative Hearings established under ORS 183.605.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.145 & 701.146

Hist.: CCB 7-2003, f. & cert. ef. 8-8-03; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 person who has a financial interest in a business and manages or shares in the management of the business; or
(2) “Officer”, as used in ORS Chapter 701 and these rules, includes an individual who has a financial interest in another business and who is an officer of that other business if that other business owns more than fifty percent of the particular business.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.091

Hist.: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 manager in a manager-managed limited liability company;
(5) A member in a member-managed limited liability company; or
(6) A person who has a financial interest in a business and manages or shares in the management of the business.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005, 701.010, 701.046, 701.094, 701.098, 701.227

Hist.: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2006, f. & cert. ef. 6-23-2006; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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) Owns, leases, or rents a structure on which alterations or repairs are being or have been made.
(2) "Owner of a structure" may also include:
(a) An association of unit owners that files a complaint related to the common elements of a condominium, as those phrases are defined in ORS 100.005.
(b) The following agents of persons described in section (1) of this rule:
(A) Property managers licensed under ORS chapter 696; or
(B) A person who is acting on behalf of an incapacitated person, based on guardianship, power of attorney, or other legal representation.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.010 & 701.225

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 10-2003(Temp), f. 9-29-03, cert. ef. 10-1-03 thru 3-27-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07
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 entity.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 87.005, 87.093, 445.080, 656.021, 656.029 & 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
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 contractor in connection with a structure it owns; who may engage one or more subcontractors to perform all or part of the work; and who may have responsibility for the entire project which is the subject of the contract. Responsibility for the entire project includes coordinating work, seeing that prompt and proper payment is made to all subcontractors and suppliers, thereby preventing the filing of construction liens against the property.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00
812-002-0620
Registrant
"Registrant" has the same meaning as licensee.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 3-2005, f. & cert. ef. 8-24-05
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.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063, 701.068 & 701.098(4)

Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 lapse. A reissued license is effective from the date that the lapse ends.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063 & 701.068

Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 account numbers
and any pre-licensure training.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 670.310,
701.056, 701.063, 701.068, 701.073, 701.088, 701.131 & 701.238
Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 7-2000, f. 6-29-00,
cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2005, f. 12-7-05,
cert. ef. 1-1-06; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 1-2013, f. 4-30-13,
cert. ef. 5-1-13; CCB 3-2014, f. & cert. ef. 4-30-14
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, connecting modular elements of the dwelling together and constructing appurtenances to the dwelling at the location where the dwelling will be occupied as a residence.
(2) Work associated with tree pruning, tree and stump removal, and tree and limb guying regardless of whether the tree or stump is associated with a residential, small commercial or large commercial structure.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02
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.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.131 - 701.180

Hist.: CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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.
Stat. Auth.: ORS 670.310, 701.133
& 701.235

Stats. Implemented: ORS 701.133

Hist.: CCB 5-2007, f. 6-28-07,
cert. ef. 7-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-002-0675
Small Commercial Structure
“Small commercial structure” has the meaning given that term in ORS 701.005.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005, 701.021, 701.139, 701.145, 701.146, 701.150 & 701.153

Hist.: CCB 2-2001, f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
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 contractor, require the use of more than two unrelated building trades or crafts that the specialty contractor supervises, subcontracts to be performed or performs, provided that the sum of all contracts (including labor and materials) on any single property does not exceed $2,500.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701

Hist.: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11
812-002-0680
Speculative
"Speculative" means in anticipation of or with the intent of selling to another entity during or after construction.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.005

Hist.: 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 as described
in ORS 701.005.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 87.058,
279C.460, 646.605 & 701

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2011, f. 4-28-11,
cert. ef. 5-1-11; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12
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.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 279C.555 & 701

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
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 the absence of evidence to the contrary, the agency may find that substantial completion occurred at the time of the first occurring of any of the following events: final inspection is completed, certificate of occupancy is issued, the structure or portion of structure is in a habitable or usable condition, or most or all of payment is made if all of the payment was not advanced before work was complete.
(3) Work under a warranty provision of a contract or repair to already completed work does not extend the date of substantial completion, except that removal and replacement of completed work may extend the date of substantial completion to the date the replacement work was substantially complete for purposes of a complaint arising from the replacement work only.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.143

Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10
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 structure or any other
improvement to real estate, including activities performed on-site in the normal
course of construction, or receiving and accepting any payments for the above.
(2) Concrete,
asphalt and other testing that involves structural modifications, and soils testing
associated with planned or existing structures.
(3) Construction
management.
(4) Excavation,
backfill, grading, and trenching for the structure or its appurtenances or to accomplish
proper drainage and not for landscaping.
(5) Improvement
of lots with the intent of selling lots with structure(s). This may include contracting
with a primary contractor to construct, alter or improve structures.
(6) Inspection
of cross connections and testing of backflow prevention devices performed by persons
licensed under ORS 448.279 by the Health Division except when performed by a person
licensed as a landscape contracting business as provided under ORS 671.510 through
671.710 or when performed by an employee of a water supplier as defined in ORS 448.115.
(7) Labor
only, regardless of whether compensated by the hour or by the job.
(8) Pest
control, if in the course of that work any structural modifications are performed.
Structural modifications do not include the following when performed by a pesticide
operator licensed under ORS 634.116. Installation of soil vapor barriers; sealing
of holes, cracks, construction junctures or other small openings that allow the
ingress of pests with mortar, plaster, caulking, or similar materials; installation
of screens, bird netting and bird repellent devices; installation of rodent shields
around utility entrances, doorways and other points of rodent ingress; and drilling
of holes equal to or smaller than 3/8 inch in diameter for the purpose of injecting
insecticides into small voids, removal and replacement of floor tiles for the purpose
of drilling a slab floor for the control of subterranean termites; and the drilling
of slab floors for control of termites.
(9) Shoring.
(10) Shelving
attached to a structure.
Stat. Auth.:
ORS 670.310 & 701.235

Stats.
Implemented: ORS 448.115, 448.279, 671.510-671.710, 701.005, 701.021 & 701.026

Hist.:
CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05;
CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08;
CCB 10-2011, f 9-29-11, cert. ef. 10-1-11
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 exclusively for aesthetic
reasons and have no other function, for example, murals, sculptures, etc., if said
work by such person does not incorporate electrical or plumbing.
(3) Work
performed by government agencies, except a school district.
(4) Work
performed in setting, placing, removing, or repairing grave markers or monuments
in cemeteries.
(5) Work
by an employee when both the employer and employee are in compliance with applicable
employer/employee requirements of ORS Chapters 305, 314, 316, 317, 318, 656, 657,
and state and federal wage and hour laws.
(6) Concrete
pumping.
(7) Utility
connections done by utility company employees when the connection is owned by a
utility company.
(8) Installation
or repair of stand-alone industrial equipment when such activities are exempt from
the requirement for a building permit under the Oregon Structural Specialty Code.
(9) Inspections
done under contract with government agencies.
(10) Cable
television work done by cable television franchise holders.
(11) Operation
of a crane, including the lifting and placement of trusses or other construction
materials onto the structure.
(12) Improvement
of lots with the intent of selling the lots without structures when contracting
with licensed contractors to perform the improvement of lots.
(13) Arranging
for work to be performed by a licensed construction contractor when the person who
arranges for the work is a real estate licensee, licensed under ORS Chapter 696;
the real estate licensee is representing the seller of the property; and the real
estate licensee is acting as the agent for the seller, as evidenced by a contract
or agreement between the real estate licensee and the seller.
Stat. Auth.:
ORS 670.310 & 701.235

Stats.
Implemented: ORS 634.116, 701.010, 701.021 & 701.026

Hist.:
CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00;
CCB 1-2001, f. & cert. ef. 4-6-01; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06;
CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11
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 occurs first,
until the date the contractual work is substantially completed by the contractor,
or if not substantially completed, the date the work by the contractor ceased.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.133,
701.139, 701.140, 701.145, & 701.146

Hist.: CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 6-2000(Temp),
f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00; CCB 9-2000, f. & cert. ef. 8-24-00;
CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06;
CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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Read Entire Law on arcweb.sos.state.or.us