DRAFT NOTICE OF PUBLIC MEETING Board/2017 8...Enforcement Memo/Dispute Resolution Services Survey Results 8th Quarter Stan Jessup reported that a press release went out this morning

2017 8-23 agenda amended.docx

Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2228 Fax: (503) 373-2007 E-mail: [email protected] Web: www.oregon.gov/ccb

State of Oregon Honorable Kate Brown, Governor

NOTICE OF PUBLIC MEETING CCB Board Meeting

Wednesday, August 23, 2017 9:30 a.m. – 12:30 p.m.

201 High St SE, 1st Floor, Hearings Room, Salem, Oregon

Page Meeting Called to Order Approval of the Agenda……………………………………………………………….. ................ ACTION ITEM (pg 1) Approval of the Minutes (6/12/17 Appeals Committee Meeting and 6/28/17 Board meeting)…………………. ........................................................................... ACTION ITEM (pg 2) Board Calendar:

Next Meeting: Teleconference, September 27, 2017 (Beardsley Building, 1st floor) ........................ (pg 7) Public Comment

Agency Reports 1. Agency Update (Jim Denno) ....................................................................................................... (no attachment) 2. Licensing (Laurie Hall)

a. CCB Licensing Statistics as of 7/1/17 and 8/1/17 ............................................................. (pg 8) b. CCB Monthly Statistics ...................................................................................................... (pg 39)

3. Business Services and Human Resources (Dana Zeimantz) a. Budget Report & Section Update ...................................................................................... (pg 43)

4. Education (Cheryl Martinis) a. Education and Outreach Section Update .......................................................................... (pg 44)

5. Enforcement (Stan Jessup) a. Field Investigation Section Quarterly Report for the 2015-2017 Biennium ....................... (pg 46) b. NASCLA National Coordinated Enforcement Effort Press Release .................................. (pg 49)

Old Business 1. Division 7 Rules, Lead-Based Paint – Amendments to Reflect Changes (Stan Jessup)………………………………………...ACTION ITEM (pg 55)

New Business 1. Best Practices for Boards and Commission Procedures (KPM 10) (Leslie Culpepper) ....................................................................................... ACTION ITEM (pg 74) 2. Administrative Rule Changes (Cheryl Martinis) ......................................................... ACTION ITEM (pg 77) 3. Enforcement Consent Agenda (Stan Jessup). ........................................................... ACTION ITEM (pg 93) 4. Shared Insurance Policies: Proposed Rule Change (Laurie Hall) ............................. ACTION ITEM (pg 110) 5. Insurance Issues (Kurt Bolser) ................................................................................................... (no attachment)

Adjournment

The Board may meet in executive session under authority of ORS 192.660 from time to time. The specific statutory basis for the executive session will be announced on the record prior to the commencement of the executive session. Executive sessions are closed to the public.

The Board may recess the public meeting, in order to deliberate privately, under authority of ORS 192.690(1). The public meeting will then reconvene for the purpose of decision-making.

The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting; call Leslie Culpepper (503) 934-2228 to make arrangements.

DRAFT 8/10/17

http://www.oregon.gov/ccb

MINUTES OF THE JUNE 12, 2017 CONSTRUCTION CONTRACTORS BOARD

APPEAL COMMITTEE MEETING The Construction Contractors Board Appeal Committee met on Wednesday, June 12, 2017, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon. Appeal Committee members present included: Board members present: Board Chair Jim Patrick, Kurt Bolser, Jim Kitchin, Susan Steward

(by phone), Eric Olson, Dylan Bochsler. Staff: CCB Administrator Jim Denno, Enforcement Manager Stan Jessup, Board Secretary Leslie Culpepper, Enforcement Admin Supervisor Sara Heinz, Assistant Attorney General Catriona McCracken Guests: Keith Ropp, Attorney for Respondent Allied Structural (on the phone); Patrick Koontz, RMI Allied Structural; John Miller.

Board members absent excused: Sandi Warren, Jerry Jones Jr. A. APPEAL COMMITTEE PUBLIC MEETING CALLED TO ORDER Chair Patrick called the meeting to order at 9:35 a.m. B. APPROVAL OF AGENDA AND ORDER OF BUSINESS:

Oral Argument Allied Structural Case #108760, Executive Session pursuant to ORS 192.660(2)(f) and ORS 192.502(9), Deliberations pursuant to ORS 192.690(1), Reconvene public meeting and vote on whether to grant or deny Petition For Stay Pending Appeal and to authorize counsel to draft appropriate order in the Allied Structural matter – case # 108760, and Adjourn. MOTION: Kurt Bolser moved to approve the agenda. Dylan Bochsler seconded the motion. Motion carried unanimously.

C. VOTE ON ORAL ARGUMENT TIME LIMIT

Allied Structural requested oral argument.

MOTION: Kurt Bolser moved to grant 15 minutes for oral argument. Dylan Bochsler seconded the motion. VOTE: 5-1

D. ORAL ARGUMENT Keith Ropp presented oral argument on behalf of Respondent Allied Structural. The Public Meeting was then recessed.

E. EXECUTIVE SESSION

DRAFT 7-12-17

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CCB Minutes Page 2 June 12, 2017

At 9:50 a.m. the Appeal Committee entered into executive session pursuant to ORS 192.502(9) - Consideration of written legal advice pertaining to Contested Case # 108760 and pursuant to ORS 192.660(2)(f) – Consideration of an Exempt Public Record. The Appeal Committee then adjourned the Executive Session.

F. DELIBERATION At 10:10 a.m. the Appeal Committee entered into Deliberations pursuant to ORS 192.690(1).

Following Deliberations the Deliberation meeting was adjourned so that the Board might return to Public Session to vote.

G. APPEAL COMMITTEE PUBLIC MEETING RECONVENED At 10:29 a.m. the public meeting was reconvened for purposes of voting.

MOTION: Eric Olson moved to deny Respondent’s Petition for Stay of Enforcement Pending Appeal in Case #108760. Dylan Bochsler seconded the motion. Motion carried unanimously. VOTE: 6-0 The Appeal Committee then instructed AAG McCracken to prepare the Appeals’ Committee Order denying Respondent’s Petition for Stay of Enforcement Pending Appeal in case #108760, in line with the Appeal Committee’s June 12, 2017, discussions and vote for signature by the Appeal Committee Chair Jim Patrick..

H. ADJOURNED: The Appeal Committee Public Meeting adjourned at 10:32 a.m. following the Appeal Committee vote.

2017 6-12 mins appeal committee.docx

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MINUTES OF THE JUNE 28, 2017

CONSTRUCTION CONTRACTORS BOARD MEETING The Construction Contractors Board (CCB) met on Wednesday, June 28, 2017, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon. Attendees: Board members present: Board Chair Jim Patrick, Kurt Bolser, Jerry Jones Jr., Jim Kitchin,

Susan Steward, Eric Olson, Dylan Bochsler

Staff: Enforcement Manager Stan Jessup, Communications & Education Manager Cheryl Martinis, Licensing Manager Laurie Hall, Board Secretary Leslie Culpepper, Enforcement Support Supervisor Sara Heinz, Assistant Attorney General Catriona McCracken

Guests: Kirsten Adams, Kimberly Wood Absent excused: Sandi Warren A. MEETING CALLED TO ORDER: Chair Patrick called the meeting to order at 9:30 a.m. B. APPROVAL OF AGENDA AND ORDER OF BUSINESS:

MOTION: The item “Shared Insurance Policies Update” was added to the agenda by Laurie Hall. Jerry Jones Jr. moved to approve the amended agenda. Susan Steward seconded the motion. Motion carried unanimously.

C. APPROVAL OF MINUTES: MOTION: Susan Steward moved to accept the May 24, 2017 Board Meeting minutes. Kurt Bolser seconded the motion. Motion carried unanimously.

D. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting is a teleconference scheduled for July 26, 2017 in the Hearings Room on the first floor at 201 High Street SE, Salem, Oregon.

E PUBLIC COMMENT:

There was no public comment.

F. AGENCY REPORTS: 1. Shared Insurance Policies Update Laurie Hall reported that CCB met with Insurance Division and representatives from the insurance industry. During this meeting, Catriona McCracken suggested some language that could be inserted into general liability policies to make those policies meet the state requirements. Representatives from the insurance industry had some concerns about the

DRAFT 7-13-17

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suggested language. They stated they would work on revision for consideration by the agencies. Representatives from the insurance industry have requested a stay until resolution can be reached. DOJ has reviewed the statutes and rules again but the statutes and requirements are clear. CCB is required to enforce the insurance requirements and will continue to do so. Public comment: Kirsten Adams stated that they have been working on language and hope to have it next week.

2. Enforcement Memo/Dispute Resolution Services Survey Results 8th Quarter Stan Jessup reported that a press release went out this morning about the seven state sweep coordinated by NASCLA. There have been calls from the media regarding the sweep. There were as many inactive as active sites visited during the sweep, so there will be a lot of follow up work. The Dispute Resolution Section surveys have been included in the packet. This survey is only available in paper form right now but soon will be sent out electronically, which may boost survey responses in the future. Three people listed on the Buyer Beware page have called to resolve their problems. One person has reached a settlement agreement and is now licensed.

G. OLD BUSINESS

1. Adoption of Proposed Rule Changes No one came to the rule hearing, although some letters were written in support of the changes in CE. Many of these letters also included complaints from contractors that they could not take the trade-related classes they want for credit. Kurt Bolser expressed concern that the description of who needs to have a construction flagger endorsement may be too vague. Catriona McCracken recommended sticking with the current language, because the statute makes it clear that the requirement is not for licensed contractors providing their own flagging services. MOTION: Jerry Jones Jr. moved to adopt the rules amending OAR 812-003-0131, 812-003-0171 and 812-003-0221 as submitted. Dylan Bochsler seconded the motion. 6 – Aye, 1 – No vote. MOTION: Jerry Jones Jr. moved to adopt the repeal of rules from OAR Chapter 812 Division 4 and amend OAR 812-004-1001 as submitted. Dylan Bochsler seconded the motion. 7 – Aye, unanimous. MOTION: Jerry Jones Jr. moved to adopt the rules amending OAR 812-020-0071 and 812-022-0021 as submitted. Kurt Bolser seconded the motion. 7 – Aye, unanimous. MOTION: Jerry Jones Jr. moved to adopt the rules amending OAR 812-020-0085 and 812-022-0040 and adopt the new rule, OAR 812-020-0080 as submitted. Dylan Bochsler seconded the motion.

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7 – Aye, unanimous. MOTION: Jerry Jones Jr. moved to adopt the repeal of OAR 812-022-0016, 812-022-0026, 812-022-0027, and 812-022-0029 and adopt the rules amending OAR 812-022-0000, 812-022-0025, and 812-022-0028 as submitted. Eric Olson seconded the motion. 7 – Aye, unanimous. MOTION: Jerry Jones Jr. moved to adopt the rules amending OAR 812-003-0142 as submitted. Eric Olson seconded the motion. 7 – Aye, unanimous.

H. NEW BUSINESS 1. Enforcement Consent Agenda MOTION: Dylan Bochsler moved to approve the notices of intent. Jim Kitchin seconded the motion. Motion carried unanimously. MOTION: Eric Olson moved to approve the final orders. Jim Kitchin seconded the motion. Motion carried unanimously. 2. Division 7 Rules, Lead-Based Paint OHA has adopted EPA rules by reference, so CCB will have to adopt the EPA rules by reference. Catriona McCracken suggested that the CCB keep the title of the definitions that have been eliminated in 812-007-0020, and include a note in the rule language to point to the document where the definitions can be found. MOTION: Jerry Jones Jr. moved to approve and begin the public rulemaking process for the proposed rules with amendments suggested by Catriona McCracken. Eric Olson seconded the motion. Motion carried unanimously.

I. ADJOURNED:

The meeting adjourned at 10:19 a.m. 2017 6-28 mins.docx

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24-MayTeleconference Board

Meeting1st Floor

Hearings Room

*Board meetings begin at 9:30 a.m.**Unless otherwise stated, board meetings are held at 201 High St. SE, Salem, OR 97301

1st FloorHearings Room

CCB Board Meeting Calendar, 2017


LOCATION









6-DecTeleconference Board

Meeting

27-SepTeleconference Board

Meeting

25-Oct Board Meeting

26-JulTeleconference Board

MeetingNew officers terms begin

23-Aug Board MeetingKPM 10 – Best practices survey

finalized

26-Apr Board Meeting Election of officers

28-Jun Board Meeting

22-Feb Board Meeting

22-MarTeleconference Board

Meeting

MONTH MEETING TYPE NOTED ITEMS

25-JanTeleconference Board

Meeting

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CCB LICENSING STATISTICS AS OF 7/1/17

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 21,010 Residential Specialty 8,598 Residential Limited 1,678 Residential Developer 202 Residential Locksmith Services 70 Residential Home Inspector Services 231 Residential Home Services Contractors 25 Residential Home Energy Performance Score Contractors 9 Inactive 966 TOTAL RESIDENTIAL LICENSEES 32,789 Commercial General Level 1 1,543 Commercial General Level 2 4,519 Commercial Specialty Level 1 745 Commercial Specialty Level 2 2,474 Commercial Developer 64 Inactive 217 TOTAL COMMERCIAL LICENSEES 9,562 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

37,733

HISTORICAL STATISTICS: Highest # of contractors – 46,426 on 12/31/07 Lowest # of contractors – 34,428 on 12/31/13

LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,609 Lead Base Paint Activities (LBPA) 123 CERTIFICATIONS Home Inspectors 603 Locksmiths 481 EEAST 25 Home Energy Assessors 33

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CCB LICENSING STATISTICS AS OF 8/1/17

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 21,149 Residential Specialty 8,596 Residential Limited 1,665 Residential Developer 200 Residential Locksmith Services 72 Residential Home Inspector Services 239 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 9 Inactive 954 TOTAL RESIDENTIAL LICENSEES 32,910 Commercial General Level 1 1,543 Commercial General Level 2 4,540 Commercial Specialty Level 1 754 Commercial Specialty Level 2 2,487 Commercial Developer 64 Inactive 220 TOTAL COMMERCIAL LICENSEES 9,608 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

37,858

HISTORICAL STATISTICS: Highest # of contractors – 46,426 on 12/31/07 Lowest # of contractors – 34,428 on 12/31/13

LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,654 Lead Base Paint Activities (LBPA) 121 CERTIFICATIONS Home Inspectors 611 Locksmiths 480 EEAST 25 Home Energy Assessors 33

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NUMBER OF NEW LICENSES RECEIVED PER MONTH ANDTOTAL NUMBER OF LICENSES

7/10/2017; Prepared by Leslie Culpepper

Month/ Year

New License

Total

Active + Inactive License

TotalNo.

ExpiredOct-13 225 34,578 265Nov-13 170 34,534 270Dec-13 176 34,428 210Jan-14 250 34,466 268Feb-14 237 34,459 272Mar-14 324 34,511 369Apr-14 324 34,554 340May-14 282 34,538 338Jun-14 304 34,591 330Jul-14 273 34,657 254Aug-14 230 34,652 233Sep-14 251 34,705 223Oct-14 246 34,806 223Nov-14 205 34,787 208Dec-14 235 34,859 211Jan-15 274 34,817 301Feb-15 284 34,832 322Mar-15 386 34,916 391 # Months New Apps Received Average/MonthApr-15 407 35,109 420 a. July 2001 June 30, 2003 24 7,920 330May-15 301 35,067 491 b. July 2003 - June 30, 2005 24 10,015 417Jun-15 326 35,236 442 c. July 2005 - June 30, 2007 24 11,351 473Jul-15 290 35,315 410 d. July 2007 - June 30, 2009 24 9,057 377Aug-15 277 35,320 429 e. July 2009 - June 30, 2011 24 6,456 269Sep-15 274 35,398 375 f. July 2011 - June 30, 2013 24 5,562 232Oct-15 317 35,467 399 g. July 2013 - June 30, 2015 24 6,401 267Nov-15 242 35,545 301 h. July 2015 - 6/31/2017 24 8,158 340Dec-15 267 35,626 299Jan-16 252 35,563 406 Feb-16 333 35,707 360Mar-16 401 35,889 480Apr-16 380 35,994 463May-16 340 36,089 417Jun-16 356 36,202 456Jul-16 322 36,234 410Aug-16 333 36,384 401Sep-16 359 36,614 333Oct-16 332 36,629 389Nov-16 309 36,761 290Dec-16 258 36,750 354Jan-17 279 36,784 380Feb-17 370 36,894 436Mar-17 528 37,152 489Apr-17 406 37,308 453May-17 470 37,562 383Jun-17 463 37,733 422

100

200

300

400

500

600

700

No.

of C

ontr

acto

rs

New Licenses Received

New Licenses Budget Assumption

Budget Projection Information

a. 2005-07 budget based on 350 licenses/month b. 2007-09 budget based on 385 licenses/month c. 2009-11 budget based on 325 licenses/month d. 2011-13 budget based on 270 licenses/month e. 2013-15 budget based on 270 licenses/month f. 2015-17 budget based on 245 licenses/month

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RATE OF RENEWALSLicenses Due to Expire vs Renewals Received

During Month, Regardless of Due Date

MONTH/YEAR

LICENSESDUE TOEXPIRE

LICENSESRENEWALS RECEIVED

RATE OF RENEWAL

Jan-13 1,545 1,164 75.3%Feb-13 1,690 1,449 85.7%Mar-13 2,064 1,411 68.4%Apr-13 1,924 1,202 62.5%May-13 1,854 1,434 77.3%Jun-13 1,826 1,415 77.5%Jul-13 1,587 1,318 83.0%Aug-13 1,568 1,064 67.9%Sep-13 1,390 895 64.4%Oct-13 1,392 996 71.6%Nov-13 1,185 776 65.5%Dec-13 1,228 843 68.6%Jan-14 1,622 1,205 74.3%Feb-14 1,545 1,148 74.3% No. of Months Average Renewal RateMar-14 1,902 1,387 72.9% a. July 2001 - June 2003 24 76.3%Apr-14 1,858 1,577 84.9% b. July 2003 - June 2005 24 83.4%May-14 1,832 1,466 80.0% c. July 2005 - June 2007 24 81.7%Jun-14 1,882 1,414 75.1% d. July 2007 - June 2009 24 77.1%Jul-14 1,514 1,251 82.6% e. July 2009 - June 2011 24 75.5%Aug-14 1,386 1,071 77.3% f. July 2011 - June 2013 24 73.9%Sep-14 1,258 1,093 86.9% g. July 2013 - June 2015 24 77.8%Oct-14 1,328 1,113 83.8% h. July 2015 - June 2017 24 83.3%Nov-14 1,164 918 78.9%Dec-14 1,183 1,085 91.7%Jan-15 1,454 1,311 90.2%Feb-15 1,613 1,290 80.0%Mar-15 1,906 1,565 82.1%Apr-15 1,752 1,392 79.5%May-15 1,679 1,273 75.8%Jun-15 1,676 1,252 74.7%Jul-15 1,491 1,223 82.0%Aug-15 1,462 1,099 75.2%Sep-15 1,290 1,117 86.6%Oct-15 1,374 1,070 77.9%Nov-15 1,098 936 85.2%Dec-15 1,190 1,192 100.2%Jan-16 1,607 1,309 81.5%Feb-16 1,516 1,309 86.3%Mar-16 1,882 1,519 80.7%Apr-16 1,855 1,495 80.6%May-16 1,796 1,487 82.8%Jun-16 1,878 1,451 77.3%Jul-16 1,542 1,111 72.0%Aug-16 1,423 1,292 90.8%Sep-16 1,308 1,155 88.3%Oct-16 1,380 1,149 83.3%Nov-16 1,186 984 83.0%Dec-16 1,231 1,115 90.6%Jan-17 1,466 1,385 94.5%Feb-17 1,654 1,330 80.4%Mar-17 1,990 1,784 89.6%Apr-17 1,931 1,452 75.2%May-17 1,696 1,479 87.2%Jun-17 1,770 1,389 78.5%

Average Renewal Rate History

55%60%65%70%75%80%85%90%95%

100%105%110%115%

Jul-1

3Au

g-13

Sep-

13Oc

t-13

Nov-

13De

c-13

Jan-

14Fe

b-14

Mar-1

4Ap

r-14

May-1

4Ju

n-14

Jul-1

4Au

g-14

Sep-

14Oc

t-14

Nov-

14De

c-14

Jan-

15Fe

b-15

Mar-1

5Ap

r-15

May-1

5Ju

n-15

Jul-1

5Au

g-15

Sep-

15Oc

t-15

Nov-

15De

c-15

Jan-

16Fe

b-16

Mar-1

6Ap

r-16

May-1

6Ju

n-16

Jul-1

6Au

g-16

Sep-

16Oc

t-16

Nov-

16De

c-16

Jan-

17Fe

b-17

Mar-1

7Ap

r-17

May-1

7Ju

n-17 Rat

e o

f Ren

ewal

Renewals Received

Series1 Series2

Projected Budget Information a. 2001-03 budget based on average 70% renewal rate b. 2003-05 budget based on average 75% renewal rate c. 2005-07 budget based on 80% renewal rate d. 2007-09 budget based on 80% renewal rate e. 2009-11 budget based on 75% renewal rate f. 2011-13 budget based on 75% renewal rate g. 2013-15 budget based on 76% renewal rate h. 2015-17 budget based on 81% renewal rate

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CONSTRUCTION CONTRACTORS BOARDNUMBER OF TOTAL ACTIVE AND INACTIVE

RESIDENTIAL AND COMMERCIAL ENDORSEMENTS

Prepared by Leslie Culpepper 7/10/2017

Month Ending

Resid General

Resid Specialty

Resid Limited

Resid Developer

Resid Locksmith

Svcs

Home Energy Perfrm.

Score Contr.

Home Inspec Svcs Contr

Home Svcs Contr Inactive

Total Resid

Comm Gen Level 1

Comm Gen Level 2

Comm Specialty 1

Comm Specialty 2

Comm Developer Inactive

Total Comm

11/30/13 17,360 8,682 2,124 136 1,304 29,606 1,399 4,034 697 2,478 55 310 8,97312/31/13 17,346 8,639 2,094 141 1,294 29,514 1,396 4,028 696 2,459 54 313 8,94601/31/14 17,401 8,623 2,095 142 1,287 29,548 1,393 4,023 700 2,467 53 308 8,94402/28/14 17,423 8,614 2,081 145 1,287 29,550 1,389 4,024 699 2,458 54 294 8,91804/30/14 17,538 8,664 2,054 152 1,222 29,630 1,393 4,057 699 2,451 54 291 8,94505/31/14 17,578 8,650 2,056 148 1,196 29,628 1,393 4,046 694 2,435 52 283 8,90306/30/14 17,664 8,639 2,055 148 0 0 14 6 1,169 29,695 1,398 4,050 694 2,430 56 282 8,91007/31/14 17,730 8,643 2,050 147 7 0 17 6 1,169 29,769 1,395 4,048 695 2,435 55 279 8,90708/31/14 17,766 8,642 2,029 141 9 0 18 6 1,155 29,766 1,394 4,061 691 2,432 58 275 8,91109/30/14 17,824 8,658 2,017 143 9 0 20 6 1,156 29,833 1,403 4,066 695 2,419 59 275 8,91710/31/14 17,901 8,661 1,998 140 11 0 26 6 1,159 29,902 1,407 4,082 701 2,419 59 280 8,94811/20/14 17,906 8,633 1,989 143 12 0 31 7 1,162 29,883 1,412 4,100 698 2,417 60 276 8,96312/31/14 17,971 8,639 1,995 140 13 0 32 7 1,163 29,960 1,410 4,101 704 2,410 59 274 8,95801/31/15 17,982 8,606 1,975 141 15 0 45 8 1,163 29,935 1,406 4,100 698 2,416 59 271 8,95002/28/15 18,025 8,573 1,969 145 19 0 56 9 1,175 29,971 1,401 4,091 702 2,426 63 271 8,95403/31/15 18,210 8,585 1,961 149 22 0 62 11 1,144 30,144 1,400 4,115 698 2,434 64 263 8,97404/30/15 18,246 8,625 1,955 152 26 1 69 13 1,146 30,233 1,405 4,137 703 2,438 62 263 9,00805/31/15 18,300 8,564 1,930 153 27 2 75 13 1,144 30,208 1,404 4,110 703 2,431 57 261 8,96606/30/15 18,428 8,610 1,945 152 28 3 87 13 1,110 30,376 1,407 4,126 710 2,448 56 261 9,00807/31/15 18,522 8,604 1,935 162 29 2 91 15 1,090 30,450 1,412 4,155 701 2,440 55 259 9,02208/31/15 18,583 8,585 1,917 157 30 2 94 15 1,083 30,466 1,415 4,163 700 2,445 59 252 9,03409/30/15 18,683 8,585 1,901 162 30 2 98 15 1,061 30,537 1,422 4,167 700 2,455 60 248 9,05210/31/15 18,759 8,589 1,874 166 35 2 108 17 1,057 30,607 1,433 4,191 696 2,470 62 249 9,10111/30/15 18,841 8,589 1,860 165 37 2 114 17 1,062 30,687 1,429 4,187 706 2,466 62 253 9,10312/31/15 18,921 8,595 1,856 165 39 4 118 16 1,051 30,765 1,435 4,212 717 2,451 64 253 9,13201/31/16 18,919 8,589 1,838 169 41 4 120 18 1,046 30,744 1,426 4,179 711 2,456 62 255 9,08902/29/16 19,064 8,581 1,832 172 41 4 124 18 1,031 30,867 1,428 4,224 711 2,447 63 253 9,12603/31/16 19,206 8,592 1,836 173 41 4 134 18 1,041 31,045 1,422 4,258 714 2,446 62 260 9,16204/30/16 19,300 8,610 1,820 178 47 5 140 18 1,025 31,143 1,431 4,271 722 2,449 62 256 9,19105/31/16 19,410 8,599 1,803 177 46 5 145 20 1,024 31,229 1,446 4,293 723 2,440 63 247 9,21206/30/16 19,530 8,618 1,787 180 49 5 148 21 1,009 31,347 1,442 4,322 726 2,437 64 242 9,23307/31/16 19,617 8,595 1,775 177 48 6 155 22 1,000 31,395 1,451 4,313 728 2,434 64 239 9,22908/31/16 19,723 8,604 1,766 185 52 6 158 23 1,002 31,519 1,473 4,343 736 2,444 61 233 9,29009/30/16 19,915 8,619 1,761 188 52 6 168 23 996 31,728 1,486 4,376 742 2,462 60 234 9,36010/31/16 19,960 8,602 1,747 187 51 7 176 23 998 31,751 1,478 4,383 741 2,453 60 235 9,35011/31/16 20,089 8,600 1,743 188 53 7 188 25 997 31,890 1,481 4,388 739 2,459 61 231 9,35912/31/16 20,110 8,571 1,725 187 56 7 193 23 997 31,869 1,484 4,402 747 2,459 62 228 9,38201/31/17 20,183 8,540 1,720 185 58 8 196 24 1,007 31,921 1,493 4,386 740 2,451 62 230 9,36202/28/17 20,253 8,556 1,707 188 59 8 201 24 1,019 32,015 1,518 4,403 739 2,448 62 225 9,39503/31/17 20,455 8,574 1,687 194 61 9 209 25 1,013 32,227 1,524 4,433 738 2,475 62 229 9,46104/30/17 20,633 8,571 1,692 200 67 8 216 24 992 32,403 1,520 4,459 736 2,470 63 222 9,47005/31/17 20,843 8,606 1,688 200 68 9 223 24 975 32,636 1,539 4,485 742 2,470 63 221 9,5206/31/2017 21,010 8,598 1,678 202 70 9 231 25 966 32,789 1,543 4,519 745 2,474 64 217 9,562

CommericalResidential

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34,000

35,000

36,000

37,000

38,000

39,000

40,000

41,000

42,000

43,000

44,000

45,000

46,000

47,000

48,000

ACtiv

e an

d Inactiv

e Licenses

Construction Contractors BoardActive + Inactive Licenses Total

Aug. 2006 - June 2017

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Dana Zeimantz, Business Services Manager Date: July 17, 2017 Subject: Budget Report & Section Update

Budget

The Construction Contractors Board Budget Report for May and June 2017 are:

Budget Report for May 2017: ♦ Actual Revenue $778,206 ♦ Actual Expenditures $567,330

Budget Report for June 2017:

♦ Actual Revenue $628,862 ♦ Actual Expenditures $537,326

Biennial Budget Summary ♦ Actual current Revenue for the biennium: $15,913,056, which is ahead of

Projected Revenue for the 2015-17 biennium. ♦ Actual current Expenditures for the biennium: $13,115,639 which is slightly below

Projected Expenses for the 2015-17 biennium. Currently the agency has approximately 10 months of operating cash flow.

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Memorandum

To: Construction Contractors Board From: Cheryl Martinis, Communications & Education Manager Date: July 14, 2017 Subject: Education and Outreach Section update

National Home Inspector Exam: We moved from a homegrown to a national exam to test home inspector applicants for competency in late 2015. The national exam staff now make state-specific pass/fail data available.

• Total tests taken by Oregon applicants in 2017 (to date): 92 • Total passed: 44 • Pass rate: 48%

We won’t have a national pass/fail rate to compare this to until approximately January 2018. The national exam website provides a study guide and manual as well as a list of resources used to craft the test. It is very important that anyone preparing for the exam study these materials. Course Catalog: With the July 1 elimination of fees to be an education provider with the CCB we are already seeing expanded course options for contractors. For example, contractors can now take for-credit safety courses from Oregon OSHA as well as from the Bureau of Labor and Industries. Approved courses from each are listed in the catalog. We’re responding to lots of inquiries about how to become a provider. If you haven’t already taken a look at the catalog since July 1, you can do so by visiting our home page at www.oregon.gov/ccb. Look in the box labeled “Education.” The fourth link goes to the catalog. 2017 Homeowner Survey: The agency contracts for an annual survey of Oregon homeowners to provide data for a Key Performance Measure (KPM) that tracks public awareness of the CCB. The Legislature establishes KPMs to help evaluate state agency performance during the budget process. The agency uses this survey to help formulate outreach to consumers and contractors. This year’s survey of 500 homeowners was conducted in May. Key findings:

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http://www.oregon.gov/ccb

• Approximately 48 percent of Oregon homeowners are aware of the CCB, down slightly from last year’s 51 percent and just under the target of 50 percent. Part of the slight decline may be the decrease in survey takers who identified themselves as contractors.

o While 25 percent of survey takers identified as contractors in 2016, only 15 percent did so in 2017. The 15 percent is more consistent with 2014 and 2015 results.

• While 48 percent of all Oregon homeowners know about the CCB, the number increases to 56 percent of Oregonians who built a new home or underwent a home improvement project in the past five years. This is the agency's target audience.

• A total of 67 percent of homeowners know the CCB can tell you which contractors are

licensed to handle lead paint, up from 64 percent last year.

• More than one-half (53 percent) of homeowners who used a licensed contractor did not verify the license with the CCB.

• The survey only interviewed three homeowners who filed a complaint with the CCB

(reflecting the relative small percent of homeowners that file formal complaints), and they were dissatisfied with the investigation/outcome.

• A total of 89 percent of homeowners are satisfied with their new construction or

remodeling; only 8 percent are dissatisfied. On a scale of 1 to 5, the average satisfaction rating is 4.5.

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23309 N. 17th Drive, Building 1, Unit 110 Phoenix, Arizona 85027 Phone: (623) 587-9354 PRESS RELEASE Fax: (623) 587-9625 FOR IMMEDIATE RELEASE

Contact: Angie Whitaker NASCLA Executive Director

Phone: (623) 587-9354 Email: [email protected]

NASCLA ANNOUNCES 2017 NATIONAL COORDINATED ENFORCEMENT EFFORT THE OPERATION INCLUDED 8 STATE MEMBERS ACROSS THE COUNTRY, TARGETING UNLICENSED CONTRACTORS

PHOENIX, AZ – JUNE 28, 2017 The National Association of State Contractors Licensing Agencies (NASCLA) participated in a national coordinated enforcement effort the weeks of June 5 – 16, 2017 which included 8 NASCLA State Members who took part in this event across the country. The states that participated were Arizona, California, Florida, Oregon, Rhode Island, Texas, Utah and Washington. The national coordinated enforcement effort focused on elevating the regulatory boards presence in the community and nationally. The goal of our state members was to come together in a united partnership to promote both consumer and public protection through the licensing and/or registration of contractors. The national coordinated enforcement effort involved state public information departments, investigative departments, executive directors/officers and the public media. This nationally coordinated collaboration among our state members provided the opportunity to protect the consumers, deter illegal construction activity and level the playing field for legitimate contractors in the construction industry. Along with combating the increased illegal unlicensed activity nationally, the intention was to warn consumers that they need to be aware of these activities for regulatory compliance. Based on joint coordinated enforcement efforts during the weeks of June 5 – 16, 2017, NASCLA State Members reported a total of 675 individuals who were found non-compliant with state licensing requirements. Arrests, administrative citations, legal actions, and more have been issued to these individuals. The following state statistics were reported by the NASCLA State Members based on their national coordinated enforcement efforts:

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mailto:[email protected]

On Friday, June 16, 2017, the Arizona Registrar of Contractors (AZ ROC) concluded a 2-week, statewide enforcement effort targeting unlicensed entities performing contracting work and educating property owners on the importance of hiring only licensed contractors. The ROC’s participation represented one of many states participating in their own efforts, all in coordination with the National Association of State Contractors Licensing Agencies (NASCLA). The sweep was made up of 10, 2-person teams comprised of unlicensed and licensed investigators. A total of 244 contacts were made ranging from education/community outreach, warnings and violations. Most contacts were educational in nature while 26 warnings were given out. In addition, 43 violations were also noted for various reasons which may result in opening a case against the entity. Director of the Arizona Registrar of Contractors Jeff Fleetham stated, “Individuals and entities performing contracting work illegally and without a license place the public at risk and effectively steal millions from Arizona’s hardworking, law-abiding contractors and their employees. AZ ROC proudly participates in this nationwide enforcement effort and the ability to educate the public as to their need to hire licensed contracting professionals.” Please Click Here to View the Arizona Registrar of Contractors Full Press Release.

One-hundred suspected unlicensed contractors may face criminal charges, 7 others administrative citations, and 31 Stop Orders were issued during 6 undercover sting and 14 sweep operations conducted around California over a 2-week period by the California Contractors State License Board (CSLB). The extended operation, which took place June 7 – 22, 2017, in 11 different counties, was part of a nationwide enforcement effort coordinated by the National Association of State Contractors Licensing Agencies (NASCLA). “Nationwide enforcement operations like this are critical to educating consumers on the risks they take if they hire someone who’s not licensed to work in and around their home and family,” said David Fogt, Registrar of California’s Contractors State License Board. “It also helps keep the playing field level for the almost 285,000 licensed contractors here in California.” “Many homeowners think they’ll get a better deal if they hire an unlicensed contractor,” added Registrar Fogt. “Unfortunately, most end up either paying more money, getting a low quality job, with an unlicensed contractor who abandoned the job after getting money up-front, or they end up paying twice when they have to hire a licensed contractor to tear out the job and do it again the right way.”

Please Click Here to View the California Contractors State License Board’s Full Press Release.

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https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/20170628_-_NASCLA_Enforcemen.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/17-24_NASCLA_operation-FINAL.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/17-24_NASCLA_operation-FINAL.pdf

The Florida Department of Business and Professional Regulation (DBPR) is proud to share that the Department’s Division of Regulation (in cooperation with Columbia, Flagler and Volusia County Sheriffs’ Offices as well as various cities and townships) achieved much success in conducting undercover enforcement operations for the weeks of June 5 – 16, 2017. The successful multi-agency effort resulted in 10 Arrests, 7 Notices to Appear, 5 Charging Affidavits, 1 Citation, 36 Cease & Desist Orders and 56 additional cases to be opened against unlicensed subjects who advertised their services to perform that of a State Licensed Contractor. In addition, all of the unlicensed activity cases will be sent to the State Attorney’s office for possible criminal prosecution. “The Department of Business and Professional Regulation is committed to combating unlicensed activity to protect Florida’s consumers and licensed business owners.” said Interim Secretary Matilde Miller. “The efforts of the National Association of State Contractors Licensing Agencies and the cooperation it brings from other states and departments across the country are a wonderful opportunity to educate the public and raise awareness of predatory practices from unlicensed individuals practicing in the construction and electrical trades.” Please Click Here to View the Florida Department of Business and Professional Regulation’s Full Press Release.

The Oregon Construction Contractor Board (CCB) found 83 suspected violations of illegal construction resulting from visits to 380 job sites during a recent multistate enforcement action targeting the construction industry. The Oregon “sweeps” of job sites occurred in early June, when CCB investigators showed up unannounced at job sites in the Bend area and along the state’s northern border from Astoria to Pendleton. “This coordinated multistate enforcement effort is a great way for us to draw attention to the work our enforcement staff carry on throughout our state every day,” Administrator James Denno said. “We take enforcement very seriously. If you hire an unlicensed contractor, you put yourself and your property at risk. Licensed contractors carry bonds and insurance, important requirements that provide protection for the public,” Denno added. “We also provide mediation services where we help to iron out disputes that sometimes arise between homeowners and contractors. If you hire an unlicensed contractor, you don’t have access to this service.” Please Click Here to View the Oregon Construction Contractors Board’s Full Press Release.

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https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/DBPR-NASCLA_Press_Release.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/DBPR-NASCLA_Press_Release.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/Oregon_Construction_Contract.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/Oregon_Construction_Contract.pdf

The Rhode Island Contractors’ Registration and Licensing Board participated in a national enhanced enforcement operation, in conjunction with multiple state members of the National Association of State Contractors Licensing Agencies (NASCLA). The result of this enhanced enforcement activity was the visitation of some 29 construction sites in the state of Rhode Island on both the east bay and west bay. In checking and verifying contractor’s registrations for both residential and commercial structures, 17 violations were issued as a result of this operation with potentially more violations pending the request for information regarding contracts with sub-contractors. Of the 17 violations issued 14 were for being non-registered contractors and 3 were for hiring contractors who were not registered. Contractors issued these violations have a right to an Administrative Hearing regarding the issues cited with the possibility of a reduction of the fines assessed of up to $5,000. “A highly effective enforcement enhancement operation was conducted by the Rhode Island Contractors’ Registration and Licensing Board as a result of NASCLA’s coordination and collaboration with other state members to provide genuine concern for the protection of the public and to assure a level playing field for registered and licensed contractors,” stated Rhode Island Contractors’ Registration and Licensing Board’s Executive Director, George Whalen. Please Click Here to View the Rhode Island Contractors’ Registration and Licensing Board’s Full Press Release.

From June 5 – 8, 2017, the Enforcement Division of the Texas Department of Licensing

and Regulation conducted an undercover sting operation in Alamo, Texas; which is located in the Rio Grande Valley area. The purpose of the sting was to catch unlicensed electrical and air conditioning contractors offering to perform services without proper licenses. Texas state law requires persons who perform or offer to perform electrical or air conditioning services to be licensed with the State. As a result of this sting, the Department will open 44 cases against persons offering to perform without proper licensing. “TDLR’s mission is to honor the trust of all Texans, ensure public safety and consumer protection, and provide a fair and efficient regulatory environment” stated Texas Department of Licensing and Regulation’s Executive Director, Brian E. Francis. The NASCLA National Coordinated Enforcement Effort provided the perfect opportunity to fulfill our mission and continue our efforts to assure a fair playing field for small businesses and to safeguard the public. TDLR is unwavering in its commitment to protect consumers and to ensure only licensed individuals reap the financial benefits of those skilled professions.”

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https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/Press_Release_for_RI_Contrac.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/Press_Release_for_RI_Contrac.pdf

The Utah Department of Commerce announced today that the Utah Division of Occupational and Professional Licensing completed a 2-week sting investigation in Northern Utah and Southern Utah locations to target fraudulent construction activity from June 5 – 16, 2017. Utah investigators issued a total of 45 Administrative Citations for unlicensed activity or activity beyond the scope of a license with fines totaling $23,000 during the undercover operation. "This year's sting operation targeted northern and southern locations where DOPL investigators saw trouble spots of unlicensed activity. The Division is proud of their achievements in identifying bad actors whose actions harm the public and take away legitimate business from professional licensees," stated Mark B. Steinagel, Director of the Utah Division of Occupational and Professional Licensing. Please Click Here to View the Utah Department of Commerce, Division of Occupational and Professional Licensing’s Full Press Release.

The Washington State Department of Labor & Industries Construction Compliance Inspectors conducted surprise sweeps on 480 active jobsites and issued 31 violations for unregistered activity. In addition, they found and referred 40 firms for audit for no workers compensation coverage or underinsured workers and found and referred 93 firms for collection action on unpaid premiums or other outstanding debt owed to the agency. Compliance Inspectors swept throughout Washington. “We want to show people we’re out there and that we take the underground economy seriously,” said Dean Simpson, Chief of Compliance for the Washington State Department of Labor and Industries.” We want unregistered contractors to know we will find them and for honest contractors and consumers to know we’re not ignoring this problem.”

“NASCLA had 8 state members participate in this historic event across the country. The shared commitment of our state members brought awareness to unlicensed activity and spotlighted the contractor state licensing and registration boards nationally. NASCLA would like to thank all the state members for their continued partnership and national enforcement efforts to protect the public and combat unlicensed activity,” stated Angie Whitaker, NASCLA Executive Director

NASCLA encourages consumers when looking for a construction contractor to:

▪ Verify the contractor is actively licensed; always hire a licensed contractor ▪ Get 2-3 estimates and don’t automatically accept the lowest bid ▪ Check at least 3 references ▪ Require a written contract ▪ Don’t make a large down payment; make payments as work is completed ▪ Monitor the job in progress ▪ Don’t make the final payment until the job is complete ▪ Keep all paperwork related to your job

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https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/DOPL_-_NASCLA_Sting_Utah_pre.pdf

https://c.ymcdn.com/sites/nascla.site-ym.com/resource/resmgr/Newsroom/Sweep_June_2017/DOPL_-_NASCLA_Sting_Utah_pre.pdf

The association would like to reinforce the message to consumers always Hire a Licensed Contractor and Verify Your Contractor is Licensed. To review our consumer awareness information, please visit our website located www.nascla.org/?page=ConsumerReferenceLib. To verify your contractor is licensed and in good standing with the state contractor board, please visit our website located at www.nascla.org/?page=LicensingInfo or contact your local state contractor licensing board for state specific information. For more information on NASCLA, please visit our website at www.nascla.org or contact the association office at (623) 587-9354.

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http://www.nascla.org/?page=ConsumerReferenceLib

http://www.nascla.org/?page=LicensingInfo

http://www.nascla.org/

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Memorandum

To: Construction Contractors Board From: Stan Jessup, Enforcement manager Date: August 15, 2017 Subject: Division 7 Rules, Lead-Based Paint – Amendments to Reflect Changes

by Oregon Health Authority/Adoption of Federal Regulations

HISTORY OF THE ISSUE In January 2017, the Oregon Health Authority (OHA) repealed its rules and adopted federal regulations by reference. It retained a few rules for matters such as licensing (certification), fees and enforcement. As a result of the OHA changes, the CCB’s rules need to be amended. Many CCB rules either refer to OHA rule numbers that no longer exist or spell out detailed information that is contained in federal regulations. The CCB rules need to be revised to reflect these changes. The rule revisions do not change any CCB regulations or policies related to lead-based paint.

APPROACH FOR NEW RULES We followed an approach similar to that used by OHA, eliminating CCB rules that contained duplicate language in federal regulations and, instead, incorporating the federal regulations by reference. We retained current rules that deal with licensing, fees and enforcement.

We will make available the relevant federal regulations so that CCB staff and contractors have ready access to that information on our web site. Again, these rule revisions do not change any CCB regulations or policies related to lead-based paint only the reference to where the authority is established.

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Page 2 of 2

PUBLIC COMMENT To date, there have been no public comments on the rule change and the comment period ends August 21st 2017. BOARD ACTION Staff recommends the Board vote to adopt these rules. The effective date is September 1, 2017.

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LEAD PAINT RULES (rev 6-19-17) page 1

LEAD-BASED PAINT DRAFT RULE LANGUAGE

PROPOSED RULE

EXPLANATION

812-005-0800 Schedule of Penalties

The agency may assess penalties, not to exceed the amounts shown in the following guidelines:

(1) $600 for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, which may be reduced to $200 if the respondent becomes licensed or to $50 if the advertisement or bid is withdrawn immediately upon notification from the agency that a violation has occurred and no work was accepted as a result of the advertisement or bid; and

(2) $700 per offense without possibility of reduction for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, when one or more previous violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

(3) $1,000 per offense for performing work as a contractor in violation of ORS 701.021 when the Board has no evidence that the person has worked previously without having a license and no consumer has suffered damages from the work, which may be reduced to $700 if the respondent becomes licensed within a specified time; and

(4)(a) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when an owner has filed a complaint for damages caused by performance of that work, which may be reduced to $700 if the contractor becomes licensed within a specified time and settles or makes reasonable attempts to settle with the owner.

(b) A “complaint for damages” as used in section (4) of this rule includes, but is not limited to:

(A) A Construction Contractors Board Dispute Resolution Services (DRS) complaint; or

(B) A letter to Construction Contractors Board indicating that a citizen has been damaged by the contractor; and

(5) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when one or more violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

(6) $500 per offense for failure to respond to the agency’s request for the list of subcontractors required in ORS 701.345; and

(7) $1,000 per offense for hiring a unlicensed subcontractor; and (8) For failing to provide an “Information Notice to Owners about

Construction Liens” as provided in ORS 87.093, when no lien has been filed, $200 for the first offense, $400 for the second offense, $600 for the third offense, $1,000 for each subsequent offense. Any time a lien has been filed upon the improvement, $1,000.

(9) Failure to include license number in advertising or on

Remove references to lead-based paint rules that will be repealed or that no longer exist.

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contracts, in violation of OAR 812-003-0120: First offense $100, second offense $200, subsequent offenses $400.

(10) Failure to list with the Construction Contractors Board a business name under which business as a contractor is conducted in violation of OAR 812-003-0260 or 812-003-0280: First offense $50, second offense $100, subsequent offenses $200.

(11) Failure to notify the Construction Contractors Board of a new or additional business name or personal surname (for sole proprietors) under which business as a contractor is conducted, in violation of OAR 812-003-0320: First offense $50, second offense $100, subsequent offenses $200.

(12) Failing to use a written contract as required by ORS 701.305: $500 for the first offense; $1,000 for the second offense; and $5,000 for subsequent offenses.

(13) Violation of OAR 812-012-0130(1), failure to provide a Consumer Notification form; $100 first offense; $500 second offense; $1,000 third offense; and $5,000 for subsequent offenses. Civil penalties shall not be reduced unless the agency determines from clear and convincing evidence that compelling circumstances require a suspension of a portion of the penalty in the interest of justice. In no event shall a civil penalty for this offense be reduced below $100.

(14) Failure to conform to information provided on the application in violation of ORS 701.046(5), issuance of a $5,000 civil penalty, and suspension of the license until the contractor provides the agency with proof of conformance with the application and the terms of the application.

(a) If the violator is a limited contractor or residential limited contractor working in violation of the conditions established pursuant to OAR 812-003-0130 or 812-003-0131, the licensee shall be permanently barred from licensure in the limited contractor category or residential limited contractor endorsement.

(b) If the violator is a licensed developer, residential developer or commercial developer working in violation of the conditions established pursuant to ORS 701.005(3), (6) or (14) or 701.042, the licensee shall be permanently barred from licensure in the licensed developer category or residential developer or commercial developer endorsement.

(15) Knowingly assisting an unlicensed contractor to act in violation of ORS chapter 701, $1,000.

(16) Failure to comply with any part of ORS chapters 316, 656, or 657 or with ORS 701.035, 701.046 or 701.091, $1,000 and suspension of the license until the contractor provides the agency with proof of compliance with the statute.

(17) Violating an order to stop work as authorized by ORS 701.225(6), $1,000 per day.

(18) Working without a construction permit in violation of ORS 701.098, $1,000 for the first offense; $2,000 and suspension of CCB license for three (3) months for the second offense; $5,000 and permanent revocation of CCB license for the third and subsequent offenses.

(19) Failure to comply with an investigatory order issued by the

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Board, $500 and suspension of the license until the contractor complies with the order.

(20) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public: first offense, $1,000, suspension of the license or both; second and subsequent offenses, $5,000, per violation, revocation or suspension of the license until the fraudulent conduct is mitigated in a manner satisfactory to the agency or both.

(21) Engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public by:

(a) Not paying prevailing wage on a public works job; or (b) Violating the federal Davis-Bacon Act; or (c) Failing to pay minimum wages or overtime wages as required

under state and federal law; or (d) Failing to comply with the payroll certification requirements of

ORS 279C.845; or (e) Failing to comply with the posting requirements of ORS

279C.840: $1,000 and suspension of the license until the money required as

wages for employees is paid in full and the contractor is in compliance with the appropriate state and federal laws.

(22) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public, as described in sections (20) or (21), where more than two violations have occurred: $5,000 and revocation of the license.

(23) When, as set forth in ORS 701.098(1)(h), the number of licensed contractors working together on the same task on the same job site, where one of the contractors is licensed exempt under ORS 701.035(2)(b), exceeded two sole proprietors, one partnership, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows: $1,000 for the first offense, $2,000 for the second offense, six month suspension of the license for the third offense, and three-year revocation of license for a fourth offense.

(24) Performing home inspections without being an Oregon certified home inspector in violation of OAR 812-008-0030(1): $5,000.

(25) Using the title Oregon certified home inspector in advertising, bidding or otherwise holding out as a home inspector in violation of OAR 812-008-0030(3): $5,000.

(26) Failure to conform to the Standards of Practice in violation of OAR 812-008-0202 through 812-008-0214: $750 per offense.

(27) Failure to conform to the Standards of Behavior in OAR 812-008-0201(2)-(4): $750 per offense.

(28) Offering to undertake, bidding to undertake or undertaking repairs on a structure inspected by an owner or employee of the business entity within 12 months following the inspection in violation of ORS 701.355: $5,000 per offense.

(29) Failure to include certification number in all written reports, bids, contracts, and an individual’s business cards in violation of OAR 812-008-0202(4): $400 per offense.

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(30) Violation of work practice standards for lead-based paint (LBP) activity, [pursuant to OAR 812-007-0140 or 812-007-0240] first offense, $1,000; second offense, $3,000; and third offense, $5,000 plus suspension of license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(31) Violation of work practice standards for LBP renovation, [pursuant to OAR 812-007-0340 or violation of recordkeeping and reporting requirements pursuant to OAR 333-070-0110:] first offense, $1,000; second offense, $3,000; and third offense, $5,000 and suspension of the certified LBP renovation contractor license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(32)Violation of OAR 812-007-0100, 812-007-0200 or 812-007-0300: first offense, $1,000; second offense, $3,000; and third offense, $5,000. The civil penalty is payable to the Construction Contractors Board Lead-Based Paint (LBP) Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(33) Violation of ORS 279C.590: (a) Imposition of a civil penalty on the contractor of up to ten

percent of the amount of the subcontract bid submitted by the complaining subcontractor to the contractor or $15,000, whichever is less; and

(b) Imposition of a civil penalty on the contractor of up to $1,000; and

(c) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS 701.227(4), for a period of up to six months for a second offense if the offense occurs within three years of the first offense.

(d) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS 701.227(4), for a period of up to one year for a third or subsequent offense if the offense occurs within three years of the first offense.

(34) Violation of ORS 701.315, inclusion of provisions in a contract that preclude a homeowner from filing a breach of contract complaint with the Board: $1,000 for the first offense, $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(35) Violation of ORS 701.345, failure to maintain the list of subcontractors: $1,000 for the first offense; $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(36) Violation of 701.098(1)(f), knowingly providing false information to the Board: $1,000 and suspension of the license for up to three months for the first offense; $2,000 and suspension of the license for up to one year for the second offense; and $5,000 and permanent revocation of license for the third offense.

(37) Failing to provide a written contract with the contractual terms provided by ORS 701.305 or OAR 812-012-0110: $200 for the first offense; $500 for the second offense; and $1,000 for subsequent offenses.

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(38) Working while the license is suspended if the licensee was required to provide an increased bond under ORS 701.068(5), 701.068(6), or OAR 812-003-0175: revocation.

(39) Working while the license is suspended for any violation of ORS 701.098(4)(a)(A) or ORS 701.098(4)(a)(B): $5,000 for first offense, and revocation for second or subsequent offense.

(40) Working while the license is suspended for any reason except as otherwise provided for by this rule: revocation.

(41) Failure to comply with ORS 701.106(1)(a); $1,000 for the first offense, $5,000 for the second offense; $5,000 and permanent revocation of CCB license for the third offense.

(42) Failure to deliver as required by ORS 701.109(2) a copy of a final judgment; $200 first offense, $400 second offense; $600 for the third offense; $1,000 for each subsequent offense.

(43) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under OAR 812-003-0200, where there is no claim of loss submitted to the insurance company: first offense, $500; second offense, $1,000; third and subsequent offenses, $5,000.

(44) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under OAR 812-003-0200, where there is a claim of loss submitted to the insurance company: first offense, $2,000; second and subsequent offenses, $5,000.

(45) Undertaking, offering to undertake, or submitting a bid to work as a locksmith when an individual is not certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(46) Undertaking, offering to undertake, or submitting a bid to provide locksmith services when a business is not a licensed construction contractor or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(47) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the individual is a locksmith, unless an individual is certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(48) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the business providing locksmith services, unless a business: (a) is a licensed construction contractor, and (b) is owned by or employs a certified locksmith or is otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(49) Violating any applicable provision of the rules in division 30, including violating any standard of professional conduct other than OAR 812-030-0300(4): first offense, $1,000; second offense, $3,000; third offense, $5,000 and revocation of the certificate.

(50) Violating OAR 812-030-0300(4): first offense, $200; second offense, $500; third offense, $1,000.

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Stat. Auth.: ORS 183.310 to 183.500, 670.310, 701.235, 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995 (4/82, 10/82, 1/83, 3/83, 10/83, 3/84, 5/84, 3/85, 4/85, 1/87, 3/87, 1/88, 2/88, 6/88, 1/89, 11/89, 2/90, 3/90, 4/90, 5/90, 6/90, 7/90, 10/90, 11/90, 3/91, 9/91, 1/92, 2/92, 4/92, 6/92, 5/93, 12/93, 1/95, 9/95, 10/95, 8/96, 10/98), temp. 11/99, 5/00, 6/00, temp. 11/00, 4/01, 12/01, temp. 3/02, 3/02, 6/02, 9/02, 12/03, 6/04, 12/04, 12/05, 1/06, 6/06, 12/06, 6/07, 2/08, 6/08, 9/08, 11/08, 1/09 eff. 2/1/09, 5/09, 2/10, 4/10, temp. 7/10, 2/11 eff. 3/1/11, 6/11 eff. 7/1/11, 9/11 eff. 10/1/11, 12/11 eff. 1/1/12, 3/12, 4/12 eff. 5/1/12, 6/14 eff. 7/1/14) 812-007-0000 Authority, Purpose, Scope

(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.505 to 701.520 and 701.995.

(2) Purpose. [These rules establish a system to license individuals certified by the Oregon Health Authority (OHA) to perform lead-based paint (LBP) activities.] These rules establish a system to license contractors as [LBP] lead-based paint (LBP) activities contractors and as certified LBP renovation contractors.

(3) Scope. These rules: (a) Prescribe the requirements for, and the manner of, licensing

applicants. (b) Establish fees. (c) Prescribe actions that constitute failure to achieve or maintain

licensing requirements, or that otherwise are contrary to the public interest, for which the board may deny, suspend or revoke a license.

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515 (6/96, 11/96, 1/97, 5/97, 6/00, 12/06, 2/10, 9/11 eff. 10/1/11)

Originally, CCB and the Oregon Health Authority (OHA) worked together to create rules. As a result, this “lead-in” purpose statement was used by both agencies. OHA amended its rules 1-1-17 to adopt, by reference, the federal LBP rules. CCB is amending its purpose rule to indicate the division 7 rules apply only to CCB.

812-007-0015 Federal Regulations Adopted by Reference

(1) Except as indicated herein, the board adopts, by reference, 40 CFR 745, Subpart D (Lead-Based Paint Hazards), Subpart E, (Residential Property Renovation) and Subpart L (Lead-Based Paint Activities).

(2) The board does not adopt the following regulations: (a) 40 CFR § 745.87 (Enforcement and inspections); (b) 40 CFR §745.91 (Suspending, revoking, or modifying an

individual’s or firm’s certification); (c) 40 CFR §745.225 (Accreditation of training programs); (d) 40 CFR §745.226 (Certification of individuals and firms

engaged in lead-based paint activities: target housing and child-occupied facilities);

(e) 40 CFR §745.235 (Enforcement); (f) 40 CFR §745.237 (Inspections); (g) 40 CFR §745.238 (Fees for accreditation and certification

of lead-based paint activities);

Following the practice of the OHA, CCB will adopt – by reference – the relevant federal regulations governing lead-based paint activities and lead-based paint renovation. CCB does not need to adopt regulations to govern training programs – overseeing training programs is an OHA function. Likewise, OHA certifies individuals – which CCB thereafter licenses. CCB already has statutes and rules dealing with licenses, fees,

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(h) 40 CFR §745.239 (Effective dates). (3) Notwithstanding 40 CFR 745: (a) All fees are as established in OAR 812-007-0031, 812-007-

0160, 812-007-0260 and 812-007-0360. (b) All license issuance, denial, renewal, reissuance,

suspension, and revocation are as established in OAR 812, division 7.

(c) Where “Administrator” or “EPA” appears in 40 CFR 745, Subparts D, E and L, “Construction Contractors Board” or “board” is substituted, unless the context suggests otherwise.

inspections, and enforcement.

812-007-0020 Definitions

The following definitions apply to division 7 of OAR chapter 812. (1) “Abatement” [means any measure or set of measures designed

to permanently eliminate LBP hazards] 40 CFR 745.223. (2) “Accredited training program” means a training program

provisionally accredited or accredited by the OHA, the Environmental Protection Agency (EPA) or an EPA-authorized state or tribal program.

[(3) “Certified” means certified by OHA to perform LBP activities.]

[(4)] (3) “Certified lead-based paint renovation contractor” means a construction contractor that is licensed by the board to conduct LBP renovation under ORS 701.515.

[(5)] (4) “Certified renovator” [means an individual who has successfully completed a renovator course accredited by OHA, EPA, or EPA authorized program.] 40 CFR 745.83.

[(6)] (5) “Child-occupied facility” [means a building, or portion of a building, constructed before 1978 and visited regularly by the same child, under age six, on at least two different days within any week (Sunday through Saturday), provided that each day’s visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six] 40 CFR 745.83, 745.223.

[(7)] (6) “Component or building component” [means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and

Most CCB definitions are unnecessary if CCB adopts the federal regulations by reference. The federal regulations (all references are to 40 CFR) provide the following definitions: “Abatement” - §745.223 “Renovator” and “certified renovator” - §745.83 “Child-occupied facility” - §745.83, §745.223 “Component or building component” - §745.83, §745.223 “Deteriorated paint” - §745.223 “Dust lead hazard” - §745.65 “Emergency Renovations” - §745.80 “Inspection” - §745.223 “Certified risk assessor” (in lieu of “lead assessor” or “risk assessor”) - §745.223 “Lead based paint” - §745.223 “Lead based paint activities” - §745.223 “Certified inspector” (in lieu of “lead inspector”) - §745.223

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location. These include, but are not limited to: interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and tri (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners] 40 CFR 745.83, 745.223.

[(8)] (7) “Course completion certificate” means documentation issued by an accredited training program to an individual as proof of successful completion of an accredited renovator training program (initial or refresher).

[(9)] (8) “Deteriorated lead-based paint” [means any interior or exterior paint or other covering that is peeling, chipping, chalking, cracking, flaking or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate] 40 CFR 745.223.

[(10)] (9) “Dust-lead hazard” [means surface dust that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft² on floors or 250 µg/ft² on interior windows or 400 µg/ft² in troughs based on wipe samples.] 40 CFR 745.65.

[(11) "Emergency" means a situation in which failure to act promptly would likely result in immediate harm to persons or property.]

[(12)] (10) “Emergency renovation operations” [means renovation activities, such as operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations] 40 CFR 745.80.

[(13)] (11) “Inspection” [means a surface-to-surface investigation to determine the presence of LBP and an accompanying report explaining the results of the investigation] 40 CFR 745.223.

[(14)] (12) “Lead abatement contractor” means a construction contractor that is licensed by the board to perform abatement.

[(15)] (13) “Lead assessor” or “risk assessor” [means an individual who has been trained by an accredited training program and certified by the Department to conduct risk assessments] 40 CFR 745.223.

[(16)] (14) “Lead-based paint” or “LBP [means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight] 40 CFR 745.223.

“Certified supervisor” (in lieu of “lead supervisor”) - §745.223 “Certified abatement worker” (in lieu of “lead worker”) - §745.223 “Minor repair and maintenance activities” - §745.83 “Prohibited and restricted practices” - §745.85(a)(3) “Recognized test kit” - §745.83 “Renovation” and “interim controls” - §745.83 “Pamphlet” (in lieu of “Renovation Right Pamphlet”) - §745.83 “Risk Assessment” - §745.223 “Soil lead hazard” - §745.65 “Target housing” - §745.223

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[(17)] (15) “Lead-based paint activities” [means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement] 40 CFR 745.223.

[(18)] (16) “Lead inspection contractor” means a construction contractor that is licensed by the board to perform inspections or risk assessments.

[(19)] (17) “Lead inspector” [means an individual who has been trained by an accredited training program and certified by OHA to conduct inspections] 40 CFR 745.223.

[(20)] (18) “Lead supervisor” [means an individual who has been trained by an accredited training program and certified by OHA to supervise and conduct abatements and prepare abatement reports] 40 CFR 745.223.

[(21)] (19) “Lead worker” or “lead abatement worker” [means an individual who has been trained by an accredited training program and certified by OHA to perform abatements] 40 CFR 745.223.

[(22)] (20) “Minor repair and maintenance” [means activities, (including minor heating, ventilation, air conditioning work, electrical work, or plumbing) that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities, that do not involve prohibited or restricted work activities and do not involve window replacement or painted surface demolition. When removing painted components, or portions of painted components, the entire surface area removed is the amount of the painted surface disturbed. Jobs, other than emergency renovations, performed within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity] 40 CFR 745.83.

[(23)] (21) “Prohibited or restricted work activities”[ include: (a) Open flame burning or torching; (b) Machines to remove paint through high-speed operation

without HEPA exhaust control; and (c) Operating a heat gun at temperatures at or above 1100 degrees

Fahrenheit] 40 CFR 745.85(a)(3). [(24)] (22) “Recognized test kit”[ means a commercially available

kit recognized by EPA under 40 CFR § 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5 percent lead by weight, in a paint chip, paint powder, or painted surface] 40 CFR 745.83.

[(25)] (23) “Renovation”[ means the modification of any existing structure, or portion thereof, which results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. The term renovation includes, but is not limited to:

(a) Removal, modification or repair of painted surfaces or painted components, such as modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping or other such activities that may generate paint dust);

(b) The removal of building components, such as walls, ceilings, plumbing and windows;

(c) Window replacement;

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(d) Weatherization projects, such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, or planing thresholds to install weather-stripping;

(e) Interim controls that disturb painted surfaces. A renovation for the purpose of converting a building, or part of a

building, into target housing or a child-occupied facility is a renovation. The term “renovation” does not include minor repair and maintenance] 40 CFR 745.83.

[(26)] (24) “Renovation Right Pamphlet” means the pamphlet entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any pamphlet approved by the Environmental Protection Agency (EPA) for the same purpose] 40 CFR 745.83.

[(27)] (25) “Risk assessment” [means an on-site investigation to determine the existence, nature, severity, and location of a LBP hazard and an accompanying report explaining the results of the investigation and options for reducing LBP hazards] 40 CFR 745.223.

[(28)] (26) “Soil lead hazard”[ means 400 ppm of lead in child play areas or 1200 ppm in non-child play areas] 40 CFR 745.65.

[(29)] (27) “Target housing” [means any housing constructed before 1978, except housing for the elderly or persons with disabilities or any housing with no bedrooms] 40 CFR 745.223.

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.505-701.520 (6/96, 11/96, 1/97, 5/97, 11/97, 10/98, 3/99, 6/00, 12/06, 2/10,

temp. 3/11/10 eff. 3/11/10, temp. 6/1/10 eff. 6/1/10, 8/10 eff. 9/1/10, 9/11 eff. 10/1/11, 3/12, 10/12 eff. 11/1/12) 812-007-0150 Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses – Individuals

(1) The board may deny, suspend, or revoke an individual’s license on the following grounds:

(a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training, professional registration, or experience;

(b) Gaining admission to or completing continuing education by misrepresenting initial or previous education;

(c) Obtaining a license through invalid documentation; (d) Permitting the duplication or use of the license by another; (e) Failing to comply with applicable work practice standards [set

forth in these rules and OAR 333-069-0070] in 40 CFR 745.227; or (f) Being subject to a final administrative order or criminal

conviction based on engaging in a prohibited act under rules of OHA or the board.

(2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with ORS 183.310 to 183.470.

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515 (2/10, 9/11 eff. 10/1/11)

OAR 333-069-0070 no longer exists. The OHA has adopted, by reference, the federal work practice standards for lead based activities. The relevant federal regulation is §745.227.

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812-007-0250 Denial, Suspension or Revocation of License for Lead-Based Paint Activities – Contractors

(1) The board may deny, suspend, or revoke a license of a lead abatement contractor or a lead inspection contractor on the following grounds:

(a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training, professional registration, or experience;

(b) Obtaining a license through invalid documentation; (c) Performing work requiring a license without having a current

valid original license identification card available at the job site for inspection;

(d) Performing work for which there is no current, appropriate certification issued by OHA;

(e) Permitting the duplication or use of the license by another; (f) Failing to comply with applicable work practice standards [set

forth in these rules and OAR 333-069-0070] in 40 CFR 745.227; (g) Failing to comply with local, state, or federal statutes or

regulations including execution of a consent agreement in settlement of an enforcement action;

(h) Failing to maintain required records; (i) Being subject to a final administrative order or criminal

conviction based on engaging in a prohibited act under rules of the Department or the board;

(j) Failing to comply with a consent agreement in settlement of an enforcement action;

(k) For a lead abatement contractor, failing to have an owner or employee that is a licensed lead supervisor or lead worker; or

(l) For a lead inspection contractor, failing to have an owner or employee that is a licensed lead inspector or licensed lead assessor.


Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.510 & 701.515 (2/10, 9/11 eff. 10/1/11)

OAR 333-069-0070 no longer exists. The OHA has adopted, by reference, the federal work practice standards for lead based activities. The relevant federal regulation is §745.227.

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 person is licensed by the board as a construction

contractor; (3) The fee established in OAR 812-007-0360; and (4) Proof that the licensee is owned by or employs at least one

individual who has a current and valid course completion certificate evidencing that the individual is a certified renovator as provided in [OAR 333-070-0100(3)(a), (b) or (d)] 40 CFR 745.83.

OAR 333-070-0100 no longer exists. The OHA has adopted, by reference, the federal standards for certified renovators. The relevant federal regulation is §745.83.

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Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515 (2/10, 4/10)

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 person is licensed by the board as a construction contractor;

(3) The fee established in OAR 812-007-0360; and (4) Proof that the licensee is owned by or employs at least one

individual who has a current and valid course completion certificate evidencing that the individual is a certified renovator as provided in [OAR 333-070-0100(3)(a), (b) or (d)] 40 CFR 745.83.

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515 (2/10, 4/10)

OAR 333-070-0100 no longer exists. The OHA has adopted, by reference, the federal standards for certified renovators. The relevant federal regulation is §745.83.

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; (b) Permitting the duplication or use of the license by another; (c) Violating a rule of the board; or. (d) Violating [OAR 333-070-0090 (work practice standards), 333-

070-0100(4) (renovator responsibilities), or 333-070-0110 (recordkeeping and reporting requirements.) For purposes of recordkeeping and reporting requirements, as used in OAR 333-070-0110, the terms “Oregon Health Authority” and “Authority” refer to the board.] 40 CFR §745.84 (information distribution requirements), 40 CFR §745.85 (work practice standards), or 40 CFR §745.86 (recordkeeping and reporting requirements).


Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.510 & 701.515 (2/10, 4/10, 9/11 eff. 10/1/11, 3/12)

OAR 333-070-0090, 333-070-0100 and 333-070-0110 no longer exist. The OHA has adopted, by reference, the federal information distribution requirements, work practice standards and recordkeeping and reporting requirements for lead-based paint renovation. The relevant federal regulation are §745.84, §745.85, and §745.86.

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THE FOLLOWING RULE SECTIONS ARE DELETED IN

THEIR ENTIRETY

EXPLANATION

[812-007-0140 Work Practice Standards for Lead-Based Paint Activity Licenses – Individuals

A lead assessor, lead inspector, lead supervisor, and lead worker must comply with work practice standards as provided in OAR 333-069-0070.]

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515

(2/10)

OAR 333-069-0070 no longer exists. The OHA adopted, by reference, the federal work practice standards for lead based activities. The relevant federal regulation is §745.227.

[812-007-0240 Work Practice Standards for Lead-Based Paint Activity Licenses – Contractors

A lead abatement contractor or lead inspection contractor must comply with work practice standards in OAR 333-069-0070.]

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.510 & 701.515

(2/10)

OAR 333-069-0070 no longer exists. The OHA adopted, by reference, the federal work practice standards for lead based activities. The relevant federal regulation is §745.227.

[812-007-0302 Applicability of and Exceptions to Rules Relating to Lead-Based Paint Renovation

(1) OAR 812-007-0300 to OAR 812-007-0374 apply to all renovations performed for compensation in target housing and child-occupied facilities, except for renovations in target housing or child-occupied facilities in which:

(a) A lead assessor or lead inspector has made a written determination that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm²) or 0.5 percent by weight. The person performing the renovation must obtain a copy of the written determination.

(b) A certified renovator, using a recognized test kit, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm²) or 0.5 percent by weight. The certified renovator must follow the kit manufacturer’s instructions.

(2) The notification requirements in OAR 812-007-0370 to 812-007-0374 do not apply to emergency renovation operations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in OAR 333-070-0105 to the extent necessary to respond to the emergency. Emergency renovations are not exempt from:

(a) The cleaning requirements of OAR 333-070-0090 (applicable to LBP renovation contractors by OAR 812-007-0340), which must be performed by certified renovators or individuals trained in accordance with OAR 333-070-0100;

(b) The cleaning verification requirements of OAR 333-070-0090,

OAR 333-070-0090, 333-070-0100 and 333-070-0110 no longer exist. The OHA adopted, by reference, the federal renovation applicability rules. The relevant federal regulation is §745.82.

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which must be performed by certified renovators; and (c) The recordkeeping requirements of OAR 333-070-0110. Once

the immediate emergency is over, lead safe work practices and all the requirements of these rules shall be in effect.]

Stat. Auth.: ORS 670.310 &701.235 & 701.515 Stats. Implemented: ORS 701.505-701.520 (8/10 eff. 9/1/10, 3/12)

[812-007-0340 Work Practice Standards for Certified Lead-Based Paint Renovation Contractors

A certified LBP renovation contractor must comply with work practice standards in OAR 333-070-0090.]

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.515 (4/10)

OAR 333-070-0090 no longer exists. The OHA has adopted, by reference, the federal work practice standards for lead based renovation. The relevant federal regulation is §745.85.

[812-007-0370 Notification Requirements for Certified Lead-Based Paint Renovation Contractors – Renovation in Target Housing Dwelling Units

(1) No more than 60 days before beginning renovation in target housing dwelling units, the contractor must provide the owner of the dwelling unit with an Renovation Right Pamphlet and do one of the following:

(a) Obtain from the owner a written acknowledgment that the owner has received the Renovation Right Pamphlet; or

(b) Obtain a certificate of mailing of the Renovation Right Pamphlet dated at least 7 days before the start of the renovation.

(2) In addition to the requirements of (1), if the owner does not occupy the dwelling unit, the contractor must provide the Renovation Right Pamphlet to an adult occupant of the dwelling unit and comply with one of the following:

(a) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the Renovation Right Pamphlet;

(b) Obtain a certificate of mailing of the Renovation Right Pamphlet at least 7 days before the start of the renovation; or

(c) Certify in writing that the contractor delivered the Renovation Right Pamphlet to the dwelling unit but was unsuccessful in obtaining a written acknowledgment from an adult occupant. Certification must include:

(A) The address of the dwelling unit undergoing renovation; (B) The date and method of delivery of the Renovation Right

Pamphlet; (C) The name of the individual delivering the Renovation Right

Pamphlet; (D) A reason for lack of acknowledgment (e.g., occupant refuses

to sign, no adult occupant available); (E) The signature of an owner or employee of the contractor; and (F) The date the contractor’s owner or employee signed the

certification. (3) The written acknowledgment required by paragraphs (1)(a) and

(2)(a) must:

This rule is no longer necessary. The federal regulation, 40 CFR §745.84(a), governs information distribution requirements for target housing dwelling units.

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(a) Include a statement acknowledging receipt of the Renovation Right Pamphlet before the start of the renovation, the name of the recipient, the address undergoing renovation, the signature of the recipient and the date of signature;

(b) Be either a separate sheet of paper or part of a written contract or service agreement for the renovation; and

(c) Be written in the same language as the agreement for renovation or, in the case of non-owner target housing, the same language as the lease or rental agreement.]


[812-007-0372 Notification Requirements for Certified Lead-Based Paint Renovation Contractors – Renovation in Target Housing Common Areas

(1) No more than 60 days before beginning renovation in target housing common areas, the contractor must provide the owner of the target housing with an Renovation Right Pamphlet and do one of the following:



(2) In addition to the requirements of (1), the contractor must comply with one of the following:

(a) Notify, in writing, each affected dwelling unit occupant and make the Renovation Right Pamphlet available upon request before the start of renovation. The written notice should describe:

(A) The general nature and locations of the planned renovation activities;

(B) The expected starting and ending dates; and (C) A statement of how the occupant can obtain the Renovation

Right Pamphlet, at no charge, from the contractor performing the renovation.

(b) While the renovation is ongoing, post signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected dwelling units. The signs must be accompanied by:

(A) A posted copy of the Renovation Right Pamphlet; or (B) Information on how interested occupants can review or obtain

a copy of the Renovation Right Pamphlet from the contractor at no cost.

(c) The posted signs must also include information on how interested occupants may review a copy of the records required by OAR 333-070-0110 or obtains a copy from the contractor at no cost to the occupants.

(3) The contractor must prepare, sign, and date a statement describing the steps taken to notify occupants of the intended renovation and to provide the Renovation Right Pamphlet.

This rule is no longer necessary. The federal regulation, 40 CFR §745.84(b), governs information distribution requirements for target housing common areas.

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(4) The written acknowledgment required by paragraphs (1)(a) and (2)(a) must:



(c) Be written in the same language as the agreement for renovation or, in the case of non-owner target housing, the same language as the lease or rental agreement.

(5) If the scope, location, or expected starting or ending dates of the planned renovation change and the contractor provided written notification in accordance with (1) or (2)(a), the contractor must provide further written notification to the owners and occupants including revised information on the ongoing or planned renovation. This subsequent notification must be provided before the contractor performing the renovation initiates work beyond that described in the original notice.]

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.510 & 701.515

(2/10, 9/11 eff. 10/1/11) [812-007-0374 Notification Requirements for Certified Lead-Based Paint Renovation Contractors – Renovation in Child-Occupied Facilities

(1) No more than 60 days before beginning renovation in any child-occupied facility, the contractor performing the renovation must provide the building owner with the Renovation Right Pamphlet and comply with one of the following:



(2) In addition to the requirements of (1), if the owner does not occupy the building, the contractor must provide the Renovation Right Pamphlet to an adult representative of the child-occupied facility and comply with one of the following:

(a) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the Renovation Right Pamphlet;

(b) Obtain a certificate of mailing of the Renovation Right Pamphlet at least 7 days before the start of the renovation; or

(c) Certify in writing that the contractor delivered the Renovation Right Pamphlet to the dwelling unit but was unsuccessful in obtaining a written acknowledgment from an adult occupant. Certification must include:

(A) The address of the facility undergoing renovation; (B) The date and method of delivery of the Renovation Right

Pamphlet; (C) The name of the person delivering the Renovation Right

Pamphlet;

This rule is no longer necessary. The federal regulation, 40 CFR §745.84(c), governs information distribution requirements for child-occupied facilities.

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(D) A reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available);

(E) The signature of an owner or employee of the contractor; and (F) The date the contractor’s owner or employee signed the

certification. (3) In addition to the requirements of (1) and (2), the contractor

must provide the parents and guardians of children using the child-occupied facility with the Renovation Right Pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date. The contractor may comply by doing one of the following:

(a) Mail or hand-deliver the Renovation Right Pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility;

(b) While the renovation is ongoing, post signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by:

(A) A posted copy of the Renovation Right Pamphlet; or (B) Information on how the parents or guardians can review or

obtain a copy of the Renovation Right Pamphlet from the contractor at no cost.

(c) The posted signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility may review a copy of the records required by OAR 333-070-0110 or obtains a copy from the contractor at no cost to the parents or guardians.

(4) The contractor must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(5) The written acknowledgment required by paragraphs (1)(a) and (2)(a) must:



(c) Be written in the same language as the agreement for renovation.]


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Memorandum

To: Board Members From: Leslie Culpepper, Board Secretary Date: July 26, 2017 Subject: Best Practices for Boards and Commission Procedures (KPM 10)

ISSUE The “Best Practices for Boards and Commission Procedures” is a Key Performance Measure (KPM) that all Oregon boards and commissions are obligated to report upon. KPM 10 was developed by the Legislature in approximately 2005, and we began reporting this KPM in 2008. I am the KPM coordinator for the agency. Attached is the chart from last year listing the best practices, a description of what and how the staff provides the information and the date or dates the material was provided.

BOARD ACTION After reviewing the attached chart, board members will vote on each of the 15 best practices to indicate whether the agency has complied in the current reporting period. After the board has voted, I will complete the performance measure document for KPM 10 and will submit it to the agency budget officer.

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best practices chart fy 2017.doc Page 1

Best Practices for Boards and Commissions Chart (Key Performance Measure 10)

Fiscal Year 2017 (7/1/16-6/30/17) Best Practices Criteria Action Plan Status

1. Executive Director’s performance expectations are current. • Maintains process for selecting administrator. • Keeps administrator’s job description current.

Discussed at board meeting, 2/22/17

2. Executive Director receives annual performance feedback • Issues performance evaluation to administrator. • Provides performance feedback to administrator. • Date of latest signed evaluation.


3. The agency’s mission and high-level goals are current and applicable.

• Board reviews and updates CCB Business Plan. • Mission and goals are incorporated in Key Performance

Measures and included in board member manuals.

Board member manual updated 12/12/16 Strategic Planning 5/16/16

4. The Board reviews the Annual Performance Progress Report.

• Annually, Board reviews the Key Performance Measures contained in the Annual Performance Progress Report (APPR).

KPM 10 – 9/28/16

Discussed at board meetings throughout legislative session

5. The Board is appropriately involved in review of agency’s key communications.

• Board works with agency staff on policy issues. • Board reviews correspondence sent to them.

Every board meeting as needed

6. The Board is appropriately involved in policy-making activities.

Board Members: • Review legislative concept packages. • Suggest and discuss possible future legislative concepts. • Consider proposed administrative rules and revisions before

rulemaking hearings occur.

Every board meeting as needed

7. The agency’s policy options packages are aligned with their mission and goals.

During budget preparations the board discusses, reviews, and approves agency policy packages and the Governor’s Recommended Budget (GRB).

Discussed at board meetings, 1/25/17, 2/22/17, 3/22/17, 4/26/17, 5/24/17, 6/28/17

8. The Board reviews all proposed budgets (likely occurs every 2 years).

Board reviews and approves agency legislative budget requests. These items are contained (when available) in the Board packet.

Discussed at board meetings, 1/25/17, 2/22/17, 3/22/17, 4/26/17, 5/24/17, 6/28/17

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best practices chart fy 2017.doc Page 2

Best Practices Criteria Action Plan Status

9. The Board periodically reviews key financial information and audit findings.

• Board reviews revenue projections and expense reports. • Board reviews audit findings provided to agency. (These items are contained (when available) in the board packet.)

Every board meeting

10. The Board is appropriately accounting for resources. • Board reviews fee increase or decrease proposals in context of agency budgets and revenue and expenditure reports.

Ongoing

11. The agency adheres to accounting rules and other relevant financial controls.

• Agency follows DAS policies, including the Oregon accounting manual, and generally accepted accounting procedures (GAAP).

• Payments by CCB are remitted via DAS.

Ongoing

12. Board members act in accordance with their roles as public representatives.

Board members follow: • Oregon public meetings laws (ORS chapter 192). • Oregon administrative laws for rulemaking and conducting

Appeals Committee. • Oregon government standards and practices (ethics) laws. • Receives updates and training on law changes (e.g. ORS

chapter 183 and chapter 244, and the revised ethics laws and “A Guide for Public Officials.”

Every board meeting

Ethics Training for entire board provided 2/24/16

New members undergo required ethics training at beginning of term

13. The Board coordinates with others where responsibilities and interests overlap.

• Board members participate in appropriate occupational associations.

• Board consults with Associated General Contractors, Oregon Home Builders Association, and similar other associations on legislative and administrative rule issues.

Ongoing

14. The Board members identify and attend appropriate training sessions.

Board members: • Receive training from Department of Justice representatives

at regular meetings. • Attend new board member orientation and CCB Board

Member Manual.

Ethics training 2/24/16

New board member orientation

New members undergo required ethics training at beginning of term

15. The Board reviews its management practices to ensure best practices are utilized.

Annually the board reviews and reports on its best practices (Key Performance Measure 10).


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Memorandum

To: Construction Contractors Board From: Laurie Hall, Licensing Manager

Cheryl Martinis, Communications & Education Manager Date: August 11, 2017 Subject: Administrative Rule Changes

Below are required or recommended rule changes to implement new legislation, help clarify CCB regulations and streamline processes. This memo summarizes each issue and solution. Draft rule language is proposed. The target effective date for these rules will be November 1, 2017.

BOND FORMS Revise OAR 812-003-0152 and 812-003-0153; create new rule 812-003-0154 ISSUE: Current rules refer to required bond forms with the date from a previous version. In addition, the new Construction Flagging Contractor license is neither a residential or commercial endorsement, so that bond form needs to be specific for this license type. SOLUTION: Update the bond form dates to the current version (November 28, 2015), and create a separate rule for the Construction Flagging Contractor bond. (Draft Rule Language, page 80) ACCEPTABLE IDENTIFICATION Revise OAR 812-003-0260 and 812-006-0300 ISSUE: Questions raised by applicants and licensees regarding acceptable types of ID have resulted in a review of state and federal requirements for the types of ID government licensing agencies are allowed to accept.

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SOLUTION: DOJ recommends changes to existing rules to align agency requirements with federal laws, and clarify which types of U.S. government-issued ID are acceptable for testing and licensure. (Draft Rule Language, page 81) CE REQUIRED WHEN ENDORSEMENT CHANGES Revise OAR 812-020-0070 ISSUE: Different CE requirements for contractors who switch or add endorsements during their license period make it difficult for contractors to know which CE requirements must be met for their renewal. SOLUTION: Amend rules to require contractors in this situation to complete either residential or commercial continuing education (not both, or a prorated combination). (Draft Rule Language, page 84) RESIDENTIAL CONTINUING EDUCATION CHANGES Revise OAR 812 Division 022 (several sections)

1. Eliminate Series A and Series B course designations, producing a single list of approved subjects and adding “environmental hazards” (asbestos, lead, radon, etc.) to the list found in 812-022-0015. Providers and courses must be approved by the agency. Note: See the attached explanation, Residential Continuing Education: Series A & B.

2. Retain course approval for online and live classes, requiring providers to submit online curriculum for review using the existing criteria outlined in 812-022-0028 and adding a requirement that course providers submit course outlines for “live” classes. The CCB would continue to require course instructors to have four years of work experience or education (or a combination of both). Auto-approve classes from government agencies and public education institutions.

3. Limit credit allowance for CCB laws, regulations and business courses to 3 hours. Contractors who now take in excess of three CCB classes obtain Series B credit.

4. Create a process for retroactive course and provider approvals.

(Draft Rule Language, page 85) BOARD ACTION Vote to approve rules and begin public rulemaking process.

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Residential Continuing Education: Series A & B Problem Contractors that have been licensed by the CCB for at least six years do not get credit for trade-specific courses like how to install a new roofing product. That is because of rules that categorize classes as Series A (how to run your business) and Series B (how to improve your craft). These rules limit who can take the Series B classes to contractors licensed less than six years. Background The continuing education requirements for residential contractors were adopted in ORS 701.082. In each 2-year license cycle, three things are required:

1) Three hours of courses through the CCB focused on contractor regulations. 2) Five hours of courses from approved providers in one or more of the following subjects:

(A) Construction business practices (B) Marketing

(C) Customer service (D) Accounting (E) Business law (F) Bidding (G) Building codes (H) Safety (I) Energy efficiency (J) Trade specific subjects, such as roofing, excavation or exterior shell construction. 3) Contractors licensed for less than six years need an additional eight hours of courses in the above

subjects. Although the law allows contractors to select courses from any of the subject categories, current rules restrict experienced contractors (licensed more than six years) to categories (A)-(H), known in the rules as “Series A.” Energy efficiency and trade specific subjects are designated “Series B.” These subjects can only be taken for credit by contractors licensed for less than six years, who need an additional eight hours of courses.1 Contractors’ views By far, this is the area of greatest dissatisfaction among contractors. Experienced contractors constantly assert that they should be allowed to get credit for courses specific to their trades. Example comments:

• Give me more flexibility to get continuing education from other sources. I have learned a great deal at workshops offered by manufacturers and trade organizations that help me stay current on the latest innovations and trends. This helps me more than some of the outdated online training classes.

• Allow businesses to become further educated in the areas they believe are relevant to their business. • Allow license holders to apply manufacturers’ training to continuing education requirements. • More training/continuing education opportunities and much more of a variety. • Better continuing education classes for experienced general contractors.

Solution Revise the rules to eliminate the Series A/B distinction so that contractors can choose courses in any of the subject categories (A)-(J) allowed by law to fulfill the 5-hour requirement. Courses and providers must be approved by the agency.

1 These rules are found in OAR 812-022-0015

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DRAFT RULE LANGUAGE

Proposed Rule

Explanation

BOND FORMS

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 by the Construction Contractors Board as the “Construction Contractors Board Residential Surety Bond” dated [November 1, 2007] November 8, 2015.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 or 701.088 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A residential bond is available only for payments determined by the agency involving residential or small commercial structures or for the development of property zoned or intended for use compatible with residential or small commercial structures.

Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.068 and 701.081 (2/08, 6/08, 12/13 eff. 1/1/14)

Amend existing rule to reflect the date of the current bond form.

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


(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial Surety Bond” dated [November 1, 2007] November 28, 2015.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 is in effect, the security must be held until final disposition of the complaint.


(4) A commercial bond is available only for payments determined by the agency involving small or large commercial structures or for the development of property zoned or intended for

Amend existing rule to reflect the date of the current bond form.

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use compatible with large or small commercial structures. Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.068 and 701.084 (2/08, 6/08, 12/13 eff. 1/1/14)

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


(b) Be in the form adopted by the Construction Contractors Board as the “Construction Flagging Contractor Surety Bond” dated July 1, 2017.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 and 701.470 is in effect, the security must be held until final disposition of the complaint.


(4) A construction flagger bond is available only for payments determined by the agency involving construction flagging.

New rule. Adopt new rule for construction flagger bonds, including the date of the newly created form.

ACCEPTABLE IDENTIFICATION

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, under which business as a contractor is conducted, and Corporation Division registry numbers (if applicable);

(b) Mailing and location address of the business entity; (c) Legal name and address (which may be the business address)

of: (A) The owner of a sole proprietorship; (B) All partners of a general partnership or limited liability

partnership; (C) All joint venturers of a joint venture; (D) All general partners of a limited partnership; (E) All corporate officers of a corporation; (F) All trustees of a trust; (G) The manager and all members of a manager-managed

limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or

Amend existing rule to clarify that personal identification number is derived from a state-issued driver’s license or identification issued by the United States government. Add reference to newly adopted OAR 812-003-0154.

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members of the entity that is a member of the limited liability company that is the subject of this paragraph;

(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph; or

(I) The responsible managing individual designated by the applicant.

(d) Except for a public company, the date of birth and driver license number or number associated with United States government-issued identification of:

(A) The owner of a sole proprietorship; (B) All partners of a general partnership or limited liability

partnership; (C) All joint venturers of a joint venture; (D) All general partners of a limited partnership; (E) All corporate officers of a corporation; (F) All trustees of a trust; (G) The manager and all members of a manager-managed

limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph;

(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited liability company that is the subject of this paragraph; or

(I) The responsible managing individual designated by the applicant.

(J) For purposes of this subsection, a “public company” means any business entity that offers securities registered for sale by the federal Securities and Exchange Commission to the general public.

(e) Social security number of the owner of a sole proprietorship or partners, if partners are human beings, in a general partnership;

(f) Class of independent contractor license and employer account numbers as required under OAR 812-003-0250;

(g) License endorsement sought, as provided for under OAR 812-003-0131;

(h) The [identification number] driver license number or number associated with United States government-issued identification of the responsible managing individual who has completed the education and passed the examination required under ORS 701.122 or is otherwise exempt under division 6 of these rules;

(i) The Standard Industrial Classification (SIC) numbers of the main construction activities of the entity;

(j) Names and certification numbers of all certified locksmiths if

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the entity is a Residential Locksmith Services Contractor or will do work providing locksmith services under ORS 701.475 to 701.490;

(k) Names and certification numbers of all certified home inspectors if the entity will do work as a home inspector under ORS 701.350;

(L) Names and certification numbers of all certified home energy assessors if the entity is a Home Energy Performance Score Contractor providing home energy performance scores under ORS 701.527 to 701.536 or will do work providing home energy performance scores.

(m) For each person described in subsection (1)(c) of this section, the following information if related to construction activities:

(A) If unsatisfied on the date of application, a copy of a final judgment by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body;

(B) If unsatisfied on the date of application, a copy of a final order by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or public body;

(C) If pending on the date of application, a copy of a court complaint filed in any state that alleges that the person owes money to another person or public body; or

(D) If pending on the date of application, a copy of an administrative notice of action issued in any state that alleges that the person owes money to another person or public body.

(n) For each person described in subsection (1)(c) of this section, the following information if related to construction activities;

(A) A copy of a judgment of conviction for a crime listed in ORS 701.098(1)(i), entered within five years preceding the application date; or

(B) A copy of an indictment for a crime listed in ORS 701.098(1)(i), entered within five years preceding the application date.

(C) In addition to documents required in paragraphs (1)(l)(A) and (B) of this section, copies of police reports, parole or probation reports indicating parole or probation officer’s name and phone number, and letters of reference.

(o) Independent contractor certification statement and a signed acknowledgment that if the licensee qualifies as an independent contractor the licensee understands that the licensee and any heirs of the licensee will not qualify for workers' compensation or unemployment compensation unless specific arrangements have been made for the licensee’s insurance coverage and that the licensee’s election to be an independent contractor is voluntary and is not a condition of any contract entered into by the licensee;

(p) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information provided in the application is true and correct; and

(2) A complete license application includes but is not limited to: (a) A completed application form as provided in section (1) of

this rule; (b) The new application license fee as required under OAR 812-

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003-0142; (c) A properly executed bond, letter of credit or assignment of

savings as required under OAR 812-003-0152, 812-003-0153, 812-003-0154 or 812-003-0155; and

(d) The certification of insurance coverage as required under OAR 812-003-0200.

(3) The agency may return an incomplete license application to the applicant with an explanation of the deficiencies.

(4) All entities listed in section (1) of this rule that are otherwise required to be registered with the Oregon Corporation Division must be registered with the Oregon Corporation Division and be active and in good standing. All assumed business names used by persons or entities listed in section (1) of this rule must be registered with the Oregon Corporation Division as the assumed business name of the person or entity using that name.

Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 25.270, 25.785, 25.990, 701.035,

701.050, 701.056, 701.068, 701.073, 701.081, 701.088 and 701.122 (12/04, 8/05, 5/06, 9/06, 12/06, 8/07, 12/07, 2/08, 3/08, 6/08,

9/08, 12/13 eff. 1/1/14, 4/30/14, temp. 5/5/14, 6/14 eff. 7/1/14)

812-006-0300 Pre-Licensure Testing Requirements

(1) The test required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250.

(2) A person seeking to take the test shall: (a) Pay any fees required by the test administrator; (b) Provide approved United States or state government [-]

issued picture identification to the test administrator; (c) Pay for the authorized translator needed to take the test; and (d) Complete the test within a time limit approved by the

agency. (3) A person taking the test shall be allowed to use an Oregon

Contractor’s Reference Manual and one language translation book during the test.

(4) A person taking the test shall not: (a) Retake the same version of the test on consecutive attempts. (b) Be accompanied by anyone while taking the test, except an

authorized translator. (5) After the test is completed, a person shall not review the test

questions or answers. (6) There are no reciprocal agreements with other states or

organizations that test contractors. Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 701.122 (5/00, 12/01, 3/03, 8/03, 12/05, 9/06, 3/07, 6/08, 5/09, 4/13 eff.

5/1/13) (Amended and renumbered from 812-006-0012, 9/06)

Amend existing rule to clarify that personal identification is limited to United States or state government issued picture identification.

CE REQUIRED WHEN ENDORSEMENT CHANGES

812-020-0070 Certification of Hours – Continuing Education for Commercial

Permits a contractor who changed its endorsement during the license

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Contractors (1) Upon renewal, a commercial contractor must certify that one

or more key employees obtained the continuing education required by OAR 812-020-0050 to 812-020-0073.

(2) For a commercial general or specialty contractor – level 1 with five or more key employees, the commercial contractor must certify that one or more key employees completed at least 80 hours during the preceding license period.

(3) For a commercial general or specialty contractor – level 1 with four or fewer key employees, the commercial contractor must certify as follows:

(a) With four key employees, that one or more key employees completed at least 64 hours during the preceding license period.

(b) With three key employees, that one or more key employees completed at least 48 hours during the preceding license period.

(c) With two key employees, that one or more key employees completed at least 32 hours during the preceding license period.

(d) With one key employee, that the key employee completed at least 16 hours during the preceding license period.

(4) For a commercial general or specialty contractor – level 2, the commercial contractor must certify that one or more key employees completed at least 32 hours during the preceding license period.

(5) [For purposes of this rule, the required amount of continuing education hours for the renewing contractor is determined based on the contractor’s endorsement status as of the previous date of license issuance, reissuance or renewal. If the contractor was not endorsed as a commercial contractor on the previous date, commercial continuing education does not apply. If the contractor was endorsed, on the previous date, as a residential contractor subject to continuing education, the contractor must complete residential continuing education.] If a contractor changes its endorsement during the license period or at the time of renewal, the contractor may elect to complete either residential continuing education or commercial continuing education for that license period.

(6) For purposes of this rule, if a contractor is subject to the continuing education requirement, the number of key employees is the number of such persons employed by the commercial contractor as of the previous date of license issuance, reissuance or renewal as a commercial contractor.

Stat. Auth.: ORS 670.310, 701.086 & 701.235 Stats. Implemented: 701.086 (11/08, 1/09 eff. 2/1/09, 2/10, 6/14 eff. 7/1/14, 6/16 eff. 7/1/16)

period or is changing its endorsement at the time of renewal to satisfy the continuing education requirement by completion of either residential or commercial continuing education.

RESIDENTIAL CONTINUING EDUCATION

812-022-0005 Definitions – Continuing Education for Residential Contractors

The following definitions apply to OAR 812-022-0000 to 812-022-0047:

(1) “Employee” means: (a) Any individual employed by a contractor; or

Amend existing rule to remove reference to “Series A Courses” and “Series B Courses” so that contractors may earn the same credit for every course.

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(b) A leased worker provided to a contractor by contract with a worker leasing company defined under 701.005(19) (2013) or licensed under ORS 656.850(2).

(c) “Employee” does not include a subcontractor, which is an independent contractor, or a temporary employee.

(2) “Instructor” means: (a) Any individual who develops, or assists in developing,

curriculum for any course; (b) Any individual who presents a course in live format; or (c) Any individual who is available to answer questions from

course attendees or participants. (3) “Licensing period” means the two-year period from the date

a contractor’s license is first issued or last renewed until the date the license is next scheduled to expire.

(4) “Officer” means an individual person as defined in ORS 701.005(12).

(5) “Owner” means an individual person as defined in OAR 812-002-0537.

(6) “Residential contractor” means a licensed contractor as defined in ORS 701.005(13).

(7) “Responsible managing individual (RMI)” means an individual person as defined in ORS 701.005(16).

[(8) “Series A Courses” means courses required under OAR 812-022-0015(2)(b) that CCB has approved pursuant to OAR 812-022-0028.]

[(9) “Series B Courses” means courses satisfying requirements under OAR 812-022-0015(3)(b) that do not require CCB approval.]

Stat. Auth.: ORS 670.310, 701.126 & 701.235 Stats. Implemented: ORS 701.082; 701.005 & 701.035 (10/24/13, 4/30/14)

812-022-0015 Minimum Continuing Education Requirements – Continuing Education for Residential Contractors

(1) Except as provided in section (3), residential contractors shall have an owner, officer, RMI or employee, or a combination of those persons, who complete a minimum of eight hours of continuing education every licensing period as described in sections (2) and (3).

(2) Residential continuing education hours consist of the following:

(a) Three hours of education on laws, regulations and business practices offered by the agency or by an approved provider under an agreement with the agency; and

(b) Five hours of [Series A Courses] education, approved by the agency and offered by approved providers, in one or more of the following subjects:

(A) Construction business practices; (B) Marketing; (C) Customer service; (D) Accounting; (E) Business law; (F) Bidding; (G) Building Codes; [or]

Amend existing rule to remove reference to “Series A Courses” and “Series B Courses.” Expand types of qualifying courses to include energy and trade specific courses, as authorized by statute, and to add, by rule, courses on environmental hazards. Clarify that contractors are limited to three hours credit for CCB courses on laws, regulations and business practices.

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(H) Safety[.]; (I) Energy; (J) Trade specific courses, including, but not limited to,

roofing, excavation and exterior shell construction; (K) Environmental hazards, including, but not limited to,

asbestos, lead and radon. (3) Residential contractors that have not been licensed as a

residential contractor during any part of the six-years immediately preceding their scheduled renewal date must complete an additional eight hours of residential continuing education [offered by an approved provider. The education hours may include:

(a) Series A Courses described in section (2)(b); (b) Series B Courses in one or more of the following subjects: (A) Energy efficiency; or (B) Trade specific subjects, such as roofing, excavation, or

exterior shell construction, as selected by the contractor; or (c) Courses in excess of three hours of education on laws,

regulations and business practices offered by the agency, or by an approved provider under an agreement with the agency, as described in section (2)(a)] in one or more of the subjects listed in section (2)(b).

(4) Courses shall be a minimum of 50 minutes to qualify for one hour of residential continuing education credit. Courses shall be at least one credit hour.

(5) Credit shall not be given for an individual student repeating the same residential continuing education course during a two-year licensing period, or for more than three hours of laws, regulations and business practices courses provided by the agency during a two-year licensing period.

(6) If, during the two years immediately preceding the expiration date of the license, a residential contractor served on active duty in the United States armed forces, including but not limited to mobilization or deployment, the residential continuing education requirement is waived for that two-year licensing period. This exemption applies only if the residential contractor is a:

(a) Sole proprietor without employees; (b) Sole owner of a corporation; or (c) Sole member of a limited liability company. Stat. Auth.: ORS 670.310, 701.082, & 701.235 Stats. Implemented: ORS 701.082 (10/24/13, temp. 11/26/13, 2/6/14, 6/14 eff. 7/1/14)

812-022-0025 Provider Approval – Continuing Education for Residential Contractors (1) The agency will review and approve providers offering residential continuing education. (2) Providers will apply for approval on a form prescribed by the agency. (3) Providers seeking approval to offer residential continuing education must submit the following to the agency: (a) Name, address and contact information of the provider; (b) Business entity type of the provider and, if applicable, the Corporation Division business registry number;

Amend existing rule to remove reference to “Series A Courses” and “Series B Courses.” Provide a process to retroactively approve a provider. Replaces Oregon Laws citation with Oregon Revised Statute citation.

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(c) Description of the subject area(s) the provider intends to offer; [(d) Indication whether provider will offer: (A) Series A Courses; (B) Series B Courses; or (C) Both Series A and Series B Courses;] and [(e)] (d) Such Any other information or documentation as the agency may request. (4) To qualify for approval, providers must: (a) Employ or contract with instructors who have at least four years work experience or four years of education, or any combination of both, in the subject that they instruct; [(b) Be capable of entering and transmitting electronic data to the agency;] [(c) Describe and follow a process for prompt resolution of complaints by registrants]; [(d) Describe] (b) If the provider charges fees for courses, describe a process for cancellations and refunding registrant payments. If the provider does not permit cancellation or refunds, it must provide notice of that fact in a conspicuous manner in its advertising, solicitation and registration materials; [(e)] (c) Describe and follow attendance verification procedures; [(f) Provide an evaluation opportunity as prescribed by the agency for course attendees to complete;] [(g) Be capable of submitting rating results to the agency by 12:00 noon of the business day following the day the contractor completes the course;] and [(h)] (d) Maintain records available for agency to inspect for at least six years. (5) Only an approved provider may offer or provide residential continuing education to a contractor or a contractor’s employees. (6) An approved provider may not allow any person not approved by the agency as a provider to offer or provide courses of the approved provider. For purposes of this rule, “offer or provide” includes, but is not limited to, assisting the contractor or the contractor’s employees in obtaining or completing the courses or acting on behalf of an approved provider in advertising or soliciting the courses. (7) Provider approval will be valid for two (2) years from the date the provider is approved by the agency. If the agency grants provider approval after the provider has already offered courses, approval is valid for two (2) years from the date the courses were first offered. [(8) If providers change or add course types (Series A Courses or Series B Courses), they shall notify the agency within 24 hours.] [(9) If providers change or add instructors, they shall notify the agency within 24 hours.] [(10)] (8) Providers must re-submit an application for renewal of approval every two years. Renewal of approval will be subject to the same requirements as initial approval. [(11)] (9) The agency may withdraw approval issued to any provider that violates [Oregon Laws 2013, chapter 718,] ORS 701.265 or ORS 701.265 or any rule of the agency. Stat. Auth.: ORS 670.310, 701.265 and 701.235

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Stats. Implemented: ORS 701.265 & 701.267 (10/24/13, temp. 10/29/13, temp. 12/12/13, 2/6/14, 6/17 eff. 7/1/17)

812-022-0028 Course Approval – Continuing Education for Residential Contractors (1) The agency will approve [Series A Courses required under OAR 812-022-0015(2)(b)] residential continuing education courses. Providers seeking course approval must be approved providers under OAR 812-022-0025. (2) A provider seeking approval for [Series A Courses] live or online courses must submit the following: (a) Course name, course description, objective of the offered course, and number of hours of continuing education credit sought (must be no less than one hour); (b) A written description of the course instructors’ credentials, including years of education and experience in the subject matter they instruct; (c) Course syllabus (for live courses only); [(d) Comprehensive course outline]; [(e)] (d) Copies of the course materials provided to students; [(f)] (e) Cost of the offered course; [(g)] (f) For live classes and classes held in real time, anticipated date, time, and place of course.: (A) Anticipated date, time, place of the course; and (B) Number of registrants that each course can accommodate; [(h)] (g) For self-study or online courses: (A) Anticipated date when the course will first be offered; (B) Description of provider’s procedures to answer student questions; and (C) The length of time a student has to complete the course and receive credit. [(i)] (h) Any other information as directed by the agency. (3) The agency will only approve [Series A Courses] courses that the agency, in its sole discretion, considers offer high quality in the following respects: (a) The course relates to one or more of the subjects listed in OAR 812-022-0015(2)(b); (b) The course’s use of animation, audio, video or color to stimulate multiple learning styles; (c) The course holds interest through the use of visual, textual, audio or interactive components; (d) The course material is presented in a logical and understandable manner; (e) The spelling, grammar and sentence structure in written materials are correct; (f) For courses using internet, video, audio or other electronic media, the course program is technically sufficient (e.g., video does not “stutter”; internet material does not “lock up”); and (g) For courses using internet, video, audio or other electronic media, there is adequate instruction and guidance to navigate from the beginning to the end of the course. (4) The agency will only approve [Series A Courses] courses

Amend existing rule to remove reference to “Series A Courses” and “Series B Courses.” Provide a process to retroactively approve courses. Pre-approve courses from government agencies and accredited education institutions, which have their own processes for approving courses and ensuring quality.

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that provide qualified instructors to answer questions in real-time, either in person, by telephone or by electronic means (e.g. chat rooms, e-mail, instant message). (5) [Series A Course] Course approval will be valid for two (2) years from the date the agency approves the course or the date the course was first offered, if approval is retroactive. Ordinarily, course approval will be valid for two (2) years from the date the provider is approved by the agency. However, if a provider seeks course approval after having already offered courses, the agency may grant course approval beginning the date the provider first offered the courses. Such approval is valid for two (2) years from the date the courses were first offered. (6) Providers must re-submit an application for renewal of [Series A Course] course approval every two years. Renewal of approval will be subject to the same requirements as initial approval.

(7) Courses offered by the State of Oregon, the United States government or any other state or local governmental agencies are deemed approved.

(8) Courses offered by accredited universities, colleges or community colleges are deemed approved.

(9) Courses offered through the Oregon Small Business Development Center Network are deemed approved. Stat. Auth.: ORS 670.310, 701.235, 701.265 and 701.267 Stats. Implemented: ORS 701.265 and 701.267 (10/24/13, temp. 10/29/13, 2/6/14, 6/17 eff. 7/1/17) 812-022-0033 Provider Rosters[, Notification of Completion] and Certificates of Completion [for Series A Course Hours] – Continuing Education for Residential Contractors

(1) Providers that transmit course completion data electronically to the agency should include the following when they submit rosters to the agency:

(a) Course name and any other information identifying course, as required by agency:

(b) Contractor’s name; (c) Contractor’s license number; (d) Name of individual attending or completing the course; (e) Relationship of individual completing the course to

contractor (e.g. owner, officer, member, employee); (f) Date individual attended or completed the course; (g) Number of hours credit obtained by attending or completing

the course; and (h) Certification by individual completing the course that the

identified individual: (A) Attended or completed the entire course; and (B) No other individual attended, completed or assisted in

completing the course in place of the individual. [(2) Providers will transmit data, as directed by the agency,

containing the information in section (1) and notifying the agency when a contractor completes a Series A Course. Providers must submit data by 12:00 noon of the business day following the date the contractor completes the course.]

Amend existing rule. Remove reference to “Series A Courses.” Continue requirement for certificate of completion as attendance verification but continue to accept electronic roster uploads from education providers that choose to submit uploads with necessary information.

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[(3)] (2) Upon satisfactory completion of each [Series A Course] course, providers will prepare a certificate of completion for the person completing the course. The certificate of completion will contain the following information:

(a) Provider name; (b) Provider number assigned by the agency (if applicable); (c) Course name; (d) Course number assigned by the agency (if applicable); (e) Number of credit hours; (f) Date of course completion; (g) Student name; (h) Name of contractor with which student is associated; (i) Contractor CCB number; and (j) Any other information required by the agency. Stat. Auth.: ORS 670.310, 701.267 & 701.235 Stats. Implemented: ORS 701.267 (10/24/13, 4/30/14)

[812-022-0034 Completion and Registration of Series B Courses – Continuing Education for Residential Contractors

(1) Contractors that were not licensed as a residential contractor during any part of the six-year period immediately preceding the renewal must complete eight hours of residential continuing education, which may include Series A Courses described in OAR 812-022-0015(2)(b) or Series B Courses described in OAR 812-022-0015(3)(b).

(2) The agency will register Series B Courses authorized under OAR 812-022-0015(3)(b). Providers seeking course approval must be approved providers under OAR 812-022-0025.

(3) A provider registering Series B Courses must submit the following:

(a) Course name, course description, objective of the offered course, and number of hours of continuing education credit;

(b) Cost of the offered course; (c) For live classes and classes held in real time: (A) Anticipated date, time, place of the course; and (B) Number of registrants that each course can accommodate; (d) For self-study courses: (A) Anticipated date when the course will first be offered; and (B) The length of time a student has to complete the course and

receive credit. (e) Any other information as directed by the agency. (4) Series B Course registration will be valid for two (2) years

from the date the provider is approved by the agency. (5) Providers must re-submit a registration form for renewal of

Series B Course registration. Renewal of registration will be subject to the same requirements as initial registration.]

Stat. Auth.: ORS 670.310, 701.082, and 701.235 Stats. Implemented: ORS 701.082

(temp. 10/29/13, 2/6/14)

Repeal existing rule. Rule is redundant to OAR 812-022-0015(3) and 812-022-0028, as amended.

[812-022-0035 Provider Rosters, Notification of Completion and Certificates of Completion for Series B Course Hours – Continuing Education

Repeal existing rule. Rule is redundant to OAR 812-022-0033, as amended.

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for Residential Contractors (1) Providers will maintain rosters capturing data for all

contractors that complete Series B Courses, as described in 812-022-0015(3)(b). Rosters will contain the following information:

(a) Course name and any other information identifying course, as required by agency:

(b) Contractor’s name; (c) Contractor’s license number; (d) Name of individual attending or completing the course; (e) Relationship of individual completing the course to

contractor (e.g. owner, officer, member, employee); (f) Date individual attended or completed the course; (g) Number of hours credit obtained by attending or completing

the course; and (h) Certification by individual completing the course that the

identified individual: (A) Attended or completed the entire course; and (B) No other individual attended, completed or assisted in

completing the course in place of the individual. (2) Providers will transmit data, as directed by the agency,

containing the information in section (1) and notifying the agency when a contractor completes a Series B Course. Providers must submit data by 12:00 noon of the business day following the date the contractor completes the course.

(3) Upon satisfactory completion of each Series B Course, providers will prepare a certificate of completion for the person completing the course. The certificate of completion will contain the following information:

(a) Provider name; (b) Provider number assigned by the agency; (c) Course name; (d) Course number assigned by the agency; (e) Number of credit hours; (f) Date of course completion; (g) Student name; (h) Name of contractor with which student is associated; (i) Contractor CCB number; and (j) Any other information required by the agency.] Stat. Auth.: ORS 670.310, 701.235, 701.265 and 701.267 Stats. Implemented: ORS 701.265 and 701.267 (temp. 10/29/13, 2/6/14)

[812-022-0036 Agency Tracking of Hours – Continuing Education for Residential Contractors

(1) The agency will track completion of Series A and Series B Course hours.

(2) The agency may notify contractors, in advance of their renewal dates, of the number of Series A Course hours left to be completed before renewal.

(3) The agency may notify contractors, in advance of their renewal dates, of reported Series B.]

Stat. Auth.: ORS 670.310, 701.082 & 701.235 Stats. Implemented: ORS 701.082 (10/24/13, 4/30/14)

Repeal existing rule. Removes reference to tracking “Series A Courses” and “Series B Courses.” The agency will continue to document course completion information, entering data from course completion certificates or accepting electronic uploads from providers. Residential contractors can view their progress in completing continuing education by logging into their online accounts, as they do today.

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8/15/2017 CONSTRUCTION CONTRACTORS BOARD ENFORCEMENT CONSENT AGENDA

06/13/2017 - 08/14/2017

NOTICES OF INTENT

File # Respondent Date Amount

1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite 115359 06/26/2017 600.00 ICENHOWER, ZACHARY OLIVER 701.021(1) 115966 06/29/2017 600.00 MAYTA, BRIAN 701.021(1) 116089 06/27/2017 5,000.00 BULUBENCHI, PAVAL 701.021(1) 116129 07/17/2017 1,000.00 PAZ, CARLOS 701.021(1) 116140 06/27/2017 5,000.00 BULUBENCHI, PAVAL 701.021(1) 116182 06/21/2017 1,000.00 ARTS CONSTRUCTION LLC 701.021(1) 116193 06/23/2017 1,000.00 MERRIFIELD, CRAIG ALEXANDER 701.021(1) 116255 06/13/2017 1,000.00 NORDAHL, PERRY LEE 701.021(1) 116256 06/14/2017 1,000.00 ANDERSON, ROBERT ALAN 701.021(1) 116259 07/05/2017 5,000.00 RANK, SAMUEL DAVID 701.021(1) 116272 06/16/2017 5,000.00 SCHOLTENS, JEFFREY ALLEN 701.021(1) 116273 06/16/2017 1,000.00 IRELAND, DARRYL LEE 701.021(1) 116280 06/22/2017 700.00 RASMUSSEN, CODY D 701.021(1) 116293 06/14/2017 5,000.00 HOAR, TIMOTHY SHAWN 701.021(1) 116298 06/14/2017 5,000.00 GABRIEL, JAMES E 701.021(1) 116300 06/16/2017 5,000.00 WOOD, JOHNNY C 701.021(1) 116301 06/22/2017 700.00 SLOAS, ROBERT WILLIAM 701.021(1) 116307 06/19/2017 5,000.00 COTA, MATHEW BENJAMIN 701.021(1) 116326 06/16/2017 5,000.00 DUGGER, BRIAN LEE 701.021(1) 116331 06/16/2017 1,000.00 H & H CONSTRUCTION LLC 701.021(1) 116334 06/20/2017 1,000.00 E HARWICK CONSTRUCTION LLC 701.021(1) 116335 06/26/2017 1,000.00 PHILLIPS, KOREY RAY 701.021(1) 116356 06/20/2017 1,000.00 CRIPE, ROBERT A 701.021(1) 116364 06/21/2017 1,000.00 NW CUSTOM CONTRACTORS INC 701.021(1) 116366 06/21/2017 600.00 LOYD, DEAN ALAN 701.021(1) 116367 07/20/2017 1,000.00 WILEY, COLTON 701.021(1) 116370 06/22/2017 600.00 GRAEME, PATRICK DAVID 701.021(1) 116376 06/22/2017 1,000.00 HELLBUSCH, NELSON REID 701.021(1) 116377 06/22/2017 5,000.00 HASKINS, JIMMY DUANE 701.021(1) 116378 06/22/2017 3,600.00 BROWN, DANIEL JAMES 701.021(1) 116384 07/12/2017 600.00 C & J DISTRIBUTING LLC 701.021(1) 116392 06/22/2017 1,000.00 SG CONCRETE 701.021(1) 116394 06/23/2017 1,000.00 FLORES ESCAMILLA, ROBERTO 701.021(1) 116399 06/29/2017 5,000.00 EBERT, LUCAS ORLIN 701.021(1) 116404 06/28/2017 1,000.00 IANTORNO, MICHAEL ANTHONY 701.021(1) 116409 06/26/2017 1,000.00 REGALADO, STEVEN ANTHONY 701.021(1) 116412 06/26/2017 5,000.00 ICENHOWER, ZACHARY OLIVER 701.021(1) 116417 06/28/2017 1,000.00 POOL, KEVIN LEE 701.021(1) 116421 06/29/2017 5,000.00 CBM SOLUTIONS INC 701.021(1) 116423 06/28/2017 1,000.00 ROJAS, EDUARDO EDDIE RANGEL 701.021(1)

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06/13/2017 - 08/14/2017

NOTICES OF INTENT (cont.)


1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE (cont.)

Cite 116429 06/27/2017 1,000.00 WATKINS, BRIAN DAVID 701.021(1) 116434 07/31/2017 5,000.00 DUNCAN, ROBERT EARL 701.021(1) 116439 06/28/2017 1,000.00 ZAVALA CORONA, ISRAEL 701.021(1) 116447 07/05/2017 1,000.00 THE COOK & BOARDMAN GROUP LLC 701.021(1) 116449 06/29/2017 1,000.00 KLINGSPORN, JASON LUKE 701.021(1) 116450 06/29/2017 1,000.00 FALKER, JACOB KARL 701.021(1) 116455 06/29/2017 5,000.00 CARMONA, ARTURO NIETO 701.021(1) 116457 06/29/2017 5,000.00 ESSIG, TED ANDREW 701.021(1) 116463 06/29/2017 600.00 RUDISHAUSER, AARON T 701.021(1) 116466 06/29/2017 2,100.00 MERRIWEATHER, SCOTT RANDALL 701.021(1) 116475 07/11/2017 5,000.00 SERRANO, FREDE NEGRETE 701.021(1) 116479 07/11/2017 1,000.00 WATKINS, RICK JOE 701.021(1) 116482 06/30/2017 1,800.00 WRAY, CHRISTOPHER KELLY 701.021(1) 116486 07/11/2017 5,000.00 TELLES, JOSIAH K 701.021(1) 116487 07/06/2017 5,000.00 WESLEY, KENNETH KINDRED 701.021(1) 116489 07/06/2017 5,000.00 STEPHENS, CLYDE KERNICK 701.021(1) 116491 07/11/2017 5,000.00 ALVAREZ GUERRERO, JOSE FRANCISCO 701.021(1) 116497 07/20/2017 1,000.00 SMITH, JOHN ALBERT 701.021(1) 116499 07/06/2017 5,000.00 GREEN, MICHAEL JOHN 701.021(1) 116501 07/25/2017 5,000.00 GOODRICH, DANIEL BRADLELY 701.021(1) 116503 07/07/2017 1,000.00 OSHAUGHNESSY, JOHN P 701.021(1) 116511 07/11/2017 5,000.00 DESIGN RESOURCE GROUP LLC 701.021(1) 116517 07/11/2017 1,000.00 KENNEDY, TIMOTHY JAMES OWEN 701.021(1) 116520 07/14/2017 5,000.00 MAHAFFY, ANDY 701.021(1) 116521 07/27/2017 5,000.00 RIGSBY II, GARY ALLEN 701.021(1) 116523 08/07/2017 5,000.00 DUNCAN, ROBERT EARL 701.021(1) 116535 07/12/2017 5,000.00 HERBST, PAYNE D 701.021(1) 116541 07/11/2017 1,000.00 DOFELMIRE, ADAM EDWARD 701.021(1) 116543 07/11/2017 1,000.00 COLAJ TECUN, ELMER 701.021(1) 116552 07/12/2017 2,000.00 VASQUEZ-CALDERON, ARMANDO 701.021(1) 116577 07/13/2017 5,000.00 STEPHENS, CLYDE KERNICK 701.021(1) 116580 07/13/2017 1,000.00 TUCK, BRODIE ALAN 701.021(1) 116590 07/13/2017 1,000.00 SHANES COWBOY CONSTRUCTION LLC 701.021(1) 116601 07/17/2017 5,000.00 AMM CONSTRUCTION LLC 701.021(1) 116602 07/26/2017 5,000.00 RANK, SAMUEL DAVID 701.021(1) 116619 07/18/2017 1,000.00 ROSE, PETER WAYNE 701.021(1) 116621 07/19/2017 1,000.00 BIG TREE CONSTRUCTION INCORPORATED 701.021(1) 116624 07/19/2017 600.00 MACIA, VICTOR A GONZALEZ 701.021(1) 116626 07/18/2017 5,000.00 MILLSAP, JOSHUA RAY 701.021(1) 116631 07/18/2017 700.00 HEIDENREICH JR, LAWRENCE JOSEPH 701.021(1)

2 94 of 112


06/13/2017 - 08/14/2017




Cite 116642 07/25/2017 600.00 ALL GUTTERS & MORE LLC 701.021(1) 116645 07/19/2017 1,000.00 RUNIONS JR, MARTIN ARDEL 701.021(1) 116646 07/25/2017 600.00 BALZER, BRIAN JOSEPH 701.021(1) 116660 07/21/2017 1,000.00 SANCHEZ, CESAR FLORES 701.021(1) 116662 07/24/2017 600.00 TUSSING, BRENT 701.021(1) 116663 08/07/2017 600.00 CLIFFORD, DARREN CHANDLER 701.021(1) 116667 07/24/2017 5,000.00 DILLER, CURTIS DALE 701.021(1) 116672 07/24/2017 700.00 TURNER PLASTERING INC 701.021(1) 116673 07/25/2017 1,000.00 SLIGER, JAMES LEE 701.021(1) 116674 07/25/2017 5,000.00 MATARESE, JOHN G 701.021(1) 116687 07/25/2017 1,000.00 HERNANDEZ, ANDRES GARCIA 701.021(1) 116688 07/25/2017 1,000.00 HERNANDEZ, FERNANDO GARCIA 701.021(1) 116693 07/26/2017 5,000.00 HICKEY, CHRISTIAN P 701.021(1) 116695 07/26/2017 5,000.00 TUPOU, SIOSEFA KULIA 701.021(1) 116698 07/27/2017 600.00 HECHT, BRANDON 701.021(1) 116699 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116700 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116702 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116703 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116705 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116706 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116708 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116709 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116711 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116712 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116714 07/27/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116715 07/27/2017 1,000.00 R & J TECHNICAL SERVICES LLC 701.021(1) 116718 07/28/2017 600.00 HILDEBRAND, JOHN GREGORY 701.021(1) 116719 07/27/2017 1,200.00 BASSETT, JERRY JAY 701.021(1) 116720 07/28/2017 600.00 JONES, DUB EDWIN 701.021(1) 116728 07/28/2017 5,000.00 MCMULLEN, BRENDEN 701.021(1) 116745 08/01/2017 1,000.00 LOTTERER, ALEXANDER MARTIN 701.021(1) 116746 08/01/2017 1,000.00 SEIFERT, HAL MILTON 701.021(1) 116747 08/02/2017 600.00 SADLER CONSTRUCTION SERVICES LLC 701.021(1) 116748 08/02/2017 1,000.00 DENNIS, EDWIN J 701.021(1) 116752 08/01/2017 1,000.00 WATSON, CARL LUTHER 701.021(1) 116753 08/01/2017 1,000.00 SCISM, ZACHARIAH MARTIN 701.021(1) 116760 08/03/2017 5,000.00 WHITING, KEVIN GLEN 701.021(1) 116761 08/03/2017 5,000.00 HOUCK INVESTMENT CORP 701.021(1) 116768 08/11/2017 1,000.00 SATHER CONSTRUCTION LLC 701.021(1)

3 95 of 112


06/13/2017 - 08/14/2017




Cite 116771 08/03/2017 1,000.00 TORRES CONSTRUCTION LLC 701.021(1) 116772 08/03/2017 700.00 BROTHERS CONTRACTORS LLC 701.021(1) 116783 08/03/2017 700.00 BUGIN, CHARLES ALAN 701.021(1) 116787 08/10/2017 600.00 ROMANESQUE HOMES LLC 701.021(1) 116794 08/07/2017 600.00 PAPPAS, STEVEN W 701.021(1) 116800 08/07/2017 5,000.00 ANDERSON, RICHARD NOBLE 701.021(1) 116813 08/07/2017 600.00 EMPIRE METAL BUILDINGS LLC 701.021(1) 116817 08/09/2017 1,000.00 MONGE, MARIO ASCENCION 701.021(1) 116841 08/09/2017 5,000.00 DIMEO, RON 701.021(1) 116850 08/11/2017 600.00 KISER, JARED 701.021(1) 116854 08/11/2017 1,000.00 VILLALOBOS, EMILIO GOMEZ 701.021(1) 116876 08/14/2017 5,000.00 GUTIERREZ, JOEL PENA 701.021(1) 116877 08/14/2017 1,000.00 EHLERS, TIMMY DEAN 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite 116149 07/11/2017 1,000.00 DE BAR CONSTRUCTION LLC 701.035(3) 116276 06/13/2017 1,000.00 ROGUE CUSTOM CONCRETE LLC 701.035(3) 116281 06/14/2017 1,000.00 CASTANEDA SALINAS, JUVENAL 701.035(3) 116282 06/14/2017 1,000.00 ACTION AND ARTISTIC CONCRETE LLC 701.035(3) 116288 06/19/2017 1,000.00 OLD TOWN CONCRETE LLC 701.035(3) 116385 06/22/2017 1,000.00 MARSH LLC 701.035(3) 116385 06/22/2017 1,000.00 MARSH LLC 701.035(3) 116390 06/22/2017 1,000.00 L&J PAINTING LLC 701.035(3) 116391 06/22/2017 1,000.00 ULTIMATE ROOFING LLC 701.035(3) 116432 06/27/2017 1,000.00 KIRK PRECISION CONTRACTING LLC 701.035(3) 116438 06/28/2017 1,000.00 IMPERIAL STONE TILE LLC 701.035(3) 116452 06/29/2017 1,000.00 TENAS CONCRETE INC 701.035(3) 116459 06/29/2017 1,000.00 NOBLE TREE AND LANDCARE LLC 701.035(3) 116460 06/30/2017 1,000.00 5A CONSTRUCTION LLC 701.035(3) 116465 06/29/2017 1,000.00 LUIS ROSAS CONSTRUCTION & PAINTING LLC 701.035(3) 116468 06/30/2017 1,000.00 GREEN TEAM CONTRACTORS LLC 701.035(3) 116478 06/30/2017 1,000.00 TAPIA PAVERS & CONCRETE LLC 701.035(3) 116490 07/07/2017 1,000.00 ELITE BUILDERS OF OREGON LLC 701.035(3) 116493 07/07/2017 1,000.00 COLUMBIA PAINTING & CONSTRUCTION LLC 701.035(3) 116496 07/07/2017 1,000.00 CENTRAL COAST ENT LLC 701.035(3) 116504 07/06/2017 1,000.00 BENNETT, BRANDON LEO 701.035(3) 116538 07/12/2017 1,000.00 MYRA LYNN HIGINBOTHAM & LESLIE DOUGLAS

HIGINBOTHAM 701.035(3)

116547 07/11/2017 1,000.00 TATUM, CLINT 701.035(3)

4 96 of 112


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2 - EXEMPT CONTRACTOR WITH EMPLOYEES (cont.)

Cite 116554 07/11/2017 1,000.00 TESTERMAN, ISAAC WARREN 701.035(3) 116555 07/11/2017 1,000.00 JIAN BIN STONE LLC 701.035(3) 116579 07/13/2017 1,000.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO

LLANOS RAMOS 701.035(3)

116605 07/18/2017 1,000.00 DUVALL, JONATHAN ROBERT 701.035(3) 116623 07/18/2017 1,000.00 ACJ GENERAL CONTRACTOR LLC 701.035(3) 116644 07/20/2017 1,000.00 LAURAS PAINTING LLC 701.035(3) 116659 07/21/2017 1,000.00 SIMERAL, WILLIAM ALLEN 701.035(3) 116666 07/24/2017 1,000.00 EAGLE EYE PAINTING LLC 701.035(3) 116668 07/24/2017 1,000.00 CHAPMAN, CLIFFORD LEE 701.035(3) 116669 07/24/2017 1,000.00 FORGE BUILDING COMPANY LLC 701.035(3) 116671 07/24/2017 1,000.00 LAMMON, RUSSELL RAY 701.035(3) 116675 07/25/2017 0.00 ALBINO BAUTISTA, DENA ELIZABETH 701.035(3) 116681 07/25/2017 1,000.00 DAVIS BROS GENERAL CONTRACTORS INC 701.035(3) 116754 08/02/2017 1,000.00 SCHAAF, RYAN LEE 701.035(3) 116764 08/01/2017 1,000.00 HATCH, SHANE JUSTIN 701.035(3) 116782 08/03/2017 1,000.00 PENITOA, AHOHILIFAKI KALAUNI 701.035(3) 116811 08/07/2017 1,000.00 GGQ PAINTING LLC 701.035(3) 116833 08/08/2017 1,000.00 PURE WEST ENTERPRISES INC 701.035(3)


3 - LEAD BASED PAINT

Cite 116303 06/14/2017 1,000.00 HLEBECHUK PAINTING LLC 701.510(3) 116327 06/16/2017 3,000.00 JB COLORINGBRUSH PAINTING LLC 701.510(3) 116328 06/16/2017 1,000.00 POWER CONSTRUCTION LLC 701.510(2) 116333 06/16/2017 1,000.00 NEWTON PAINTING & PROPERTY MAINTENANCE LLC 701.510(3) 116352 06/22/2017 1,000.00 BLISS, ANDREW NATHAN 701.510(2) 116355 06/20/2017 1,000.00 RANTA, SIMO JOHARENES 701.510(3) 116369 06/21/2017 1,000.00 SECURE SEISMIC LLC 701.510(2) 116405 06/23/2017 1,000.00 PRISM PAINTING INC A CORPORATION OF WASHINGTON 701.510(2) 116422 06/27/2017 1,000.00 KIRK PRECISION CONTRACTING LLC 701.510(2) 116426 06/28/2017 1,000.00 DELAP JR, KENNETH DALE 701.510(2) 116430 06/27/2017 1,000.00 ULLOA CONSTRUCTION LLC 701.510(2) 116431 06/28/2017 1,000.00 GRIPPI, GREGORY JAMES 701.510(2) 116433 06/27/2017 1,000.00 CHENS CRAFT CONSTRUCTION LLC 701.510(2) 116464 06/30/2017 1,000.00 GREEN TEAM CONTRACTORS LLC 701.510(2) 116472 07/03/2017 1,000.00 NINJA PAINTING LLC 701.510(2) 116473 07/03/2017 1,000.00 NW ALL PHASE CONSTRUCTION CORP 701.510(2) 116480 07/03/2017 1,000.00 ROCKY HASH BUILDER LLC 701.510(2) 116498 07/06/2017 1,000.00 MCCULLOCH CONSTRUCTION CORP 701.510(3)

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3 - LEAD BASED PAINT (cont.)

Cite 116527 07/11/2017 1,000.00 INNOVATIVE PAINTING & CONSTRUCTION INC 701.510(3) 116532 07/11/2017 1,000.00 BLAKE D PETERSEN CONSTRUCTION INC 701.510(2) 116533 07/11/2017 1,000.00 MONOLITHIC BUILDERS LLC 701.510(2) 116545 07/11/2017 1,000.00 TATUM, CLINT 701.510(2) 116546 07/11/2017 3,000.00 AKI PAINTING LLC 701.510(2) 116581 07/13/2017 1,000.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO


116589 07/13/2017 5,000.00 DISCOUNT WINDOWS INC 701.510(3) 116603 07/18/2017 1,000.00 GECHO CONSTRUCTION INC 701.510(2) 116637 07/18/2017 1,000.00 ACJ GENERAL CONTRACTOR LLC 701.510(2) 116656 07/21/2017 1,000.00 JERRYS HOME MAINTENANCE LLC 701.510(3) 116657 07/21/2017 1,000.00 KLS CONSTRUCTION INC 701.510(2) 116658 07/24/2017 1,000.00 CASA BONITA LLC 701.510(2) 116664 07/21/2017 1,000.00 GINSBERG, LAURA 701.510(2) 116729 07/27/2017 1,000.00 TRUSTED ROOFING & REMODELING LLC 701.510(2) 116749 08/03/2017 1,000.00 GREEN BROTHERS PAINTING LLC 701.510(3) 116751 08/03/2017 1,000.00 BCH CONSTRUCTION INC 701.510(2) 116867 08/11/2017 1,000.00 PACIFIC NW DRYWALL & ACOUSTICS LLC 701.510(3)


5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite 116500 07/06/2017 1,000.00 TRUEBUILT HOMES LLC 701.026(1) 116540 07/11/2017 1,000.00 OBRIEN, DANIEL PATRICK 701.026(1) 116542 07/11/2017 1,000.00 ELIUD PEREZ DRYWALL & PAINTING INC 701.026(1) 116620 07/19/2017 1,000.00 GRADA INC 701.026(1) 116818 08/09/2017 1,000.00 SHANNON K JOHNSON CONSTRUCTION LLC 701.026(1) 116842 08/09/2017 1,000.00 HESS, JEFFREY DEAN 701.026(1)


6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite 116410 06/26/2017 200.00 ROLFE, ADAM RICHARD 087.093(2) 116414 06/26/2017 100.00 ROLFE, ADAM RICHARD 701.330(4) 116416 06/26/2017 100.00 ROLFE, ADAM RICHARD 701.330(4) 116440 06/28/2017 200.00 KIRK PRECISION CONTRACTING LLC 087.093(2) 116441 06/28/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.330(4) 116442 06/28/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.330(4) 116454 06/29/2017 200.00 STEWART, DANIEL ROBERT 087.093(2) 116469 06/30/2017 200.00 GREEN TEAM CONTRACTORS LLC 087.093(2) 116470 06/30/2017 100.00 GREEN TEAM CONTRACTORS LLC 701.330(4) 116471 06/30/2017 100.00 GREEN TEAM CONTRACTORS LLC 701.330(4)

6 98 of 112


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6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES (cont.)

Cite 116566 07/12/2017 200.00 PYLE JR, TERRY W 087.093(2) 116610 07/18/2017 200.00 DUVALL, JONATHAN ROBERT 087.093(2) 116611 07/18/2017 100.00 DUVALL, JONATHAN ROBERT 701.330(4) 116612 07/18/2017 100.00 DUVALL, JONATHAN ROBERT 701.330(4)


7 - SUSPENSIONS

Cite 116312 06/15/2017 0.00 ADA ROOFING CORPORATION 701.098(1)(b) 116313 06/15/2017 0.00 MG CONTRACTOR SOLUTIONS LLC 701.098(1)(b) 116398 06/23/2017 0.00 THREE LITTLE BIRDS CONSTRUCTION LLC 701.102(2)(a) 116401 06/23/2017 0.00 SIMON HOMES LLC 701.102(2)(a) 116418 06/26/2017 0.00 PARKER, HARVEY EUGENE 701.102(2)(a) 116483 06/30/2017 0.00 VILLAS GENERAL CONSTRUCTION LLC 701.102(2)(a) 116484 06/30/2017 0.00 BERGGREN, JOSHUA LEE 701.102(2)(a) 116524 07/07/2017 0.00 DYNASTY CONSTRUCTION INC 701.068(8) 116525 07/07/2017 0.00 MD BUILDERS INC 701.515(1)(d) 116526 07/11/2017 0.00 AHO CUSTOM BUILDING & REMODEL LLC 701.515(1)(d) 116565 07/12/2017 0.00 COLUMBIA METAL FAB LLC 701.098(1)(b) 116569 07/12/2017 0.00 TIMBERS INTERIORS CONSTRUCTION LLC 701.098(1)(b) 116570 07/12/2017 0.00 JADE GROUP INC 701.098(1)(b) 116571 07/12/2017 0.00 PHILIPS ELECTRONICS NORTH AMERICA CORP 701.098(1)(b) 116572 07/12/2017 0.00 TRECORE CONSTRUCTION MANAGEMENT LLC 701.098(1)(b) 116573 07/12/2017 0.00 ODUIN CONSTRUCTION LLC 701.515(1)(d) 116574 07/12/2017 0.00 ALVAREZ CONSTRUCTION #1 LLC 701.098(1)(b) 116578 07/12/2017 0.00 BIEHN, THOMAS CHARLES 701.102(2)(a) 116607 07/17/2017 0.00 SEASONS CHANGE LLC 701.119(2) 116608 07/17/2017 ACCURATE HEATING INC 701.098(1)(b) 116655 07/20/2017 0.00 BANYAN BUILT CONSTRUCTION INC 701.068(8) 116735 07/28/2017 0.00 BANYAN BUILT CONSTRUCTION INC 701.102(2)(a) 116736 07/28/2017 0.00 MODULAR SPACE CORPORATION 701.098(1)(b) 116737 07/28/2017 0.00 REVISION DESIGN BUILD LLC 701.098(1)(b) 116773 08/02/2017 0.00 OUT WEST ELECTRIC LLC 701.098(1)(b) 116776 08/02/2017 0.00 GIBSON BUILDERS LLC 701.515(1)(d) 116777 08/02/2017 0.00 HUFF, NATHAN ALLEN 701.515(1)(d) 116778 08/02/2017 0.00 JOHN DOCTOR INC 701.515(1)(d) 116779 08/02/2017 0.00 F & A CONSTRUCTION LLC 701.515(1)(d) 116786 08/03/2017 0.00 POULSEN, ROGER JAMES 701.102(2)(a) 116789 08/03/2017 0.00 RANEY II, STAN HARVEY 701.102(2)(a) 116790 08/03/2017 0.00 OREGON BUILDERS ETC INC 701.102(2)(a) 116791 08/03/2017 0.00 BLUE OAK PAINTING LLC 701.102(2)(a)

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7 - SUSPENSIONS (cont.)

Cite 116793 08/04/2017 0.00 ALL UNDER 1 ROOF LLC 701.102(2)(a) 116795 08/04/2017 0.00 ROSS ELECTRIC CO A CORP OF WASHINGTON 701.102(2)(a) 116796 08/04/2017 0.00 EXTERIOR MOTIVES DESIGN & CONSTRUCTION LLC 701.102(2)(a) 116798 08/04/2017 0.00 YAROMA, DANNY DEAN 701.102(2)(a) 116803 08/04/2017 0.00 CORONAS CONCRETE & RENOVATION CORP 701.102(2)(a) 116804 08/04/2017 GREEN OX RESTORATION LLC 701.102(2)(c) 116814 08/07/2017 0.00 ARTISTIC TRANSFORMATIONS LLC 701.102(2)(a) 116815 08/07/2017 0.00 ARTISTIC TRANSFORMATIONS LLC 701.102(2)(a) 116816 08/07/2017 0.00 CRAWFORD, FORREST HENRY 701.102(2)(a) 116830 08/08/2017 0.00 ULTIMATE ROOFING LLC 701.098(1)(b) 116834 08/08/2017 0.00 THOMAS CONSTRUCTION & PAINTING LLC 701.106(1)(k) 116835 08/08/2017 0.00 DOERING MECHANICAL CONTRACTOR LLC 701.106(1)(k) 116837 08/08/2017 0.00 ACULINE LLC 701.102(2)(a) 116845 08/09/2017 0.00 ARTISAN EXTERIOR CONSTRUCTION LLC 701.098(1)(b) 116846 08/09/2017 0.00 FRONTIER COMMUNICATIONS NORTHWEST INC 701.098(1)(b) 116856 08/10/2017 0.00 WIRKKALA CONTRACTING INC 701.098(1)(b) 116857 08/10/2017 0.00 GREEN O CONSTRUCTION LLC 701.102(2)(a) 116866 08/11/2017 0.00 INSIGNIA CONSTRUCTION LLC 701.102(2)(a) 116868 08/11/2017 0.00 CONCEPTS PLUS LLC 701.102(2)(a) 116882 08/14/2017 0.00 ADVANCED DRYWALL SYSTEMS INC 701.106(1)(k) 116883 08/14/2017 0.00 ATLAS ELECTRICAL CONTRACTORS INC 701.098(1)(b) 116886 08/14/2017 0.00 PETROLEUM RESOURCES LLC 701.102(2)(a) 116887 08/14/2017 0.00 S & Z CUSTOM CONCRETE LLC 701.102(2)(a)


8 - OTHER

Cite 116279 06/13/2017 1,000.00 LEFTCOAST CARPENTRY & REMODELING INC 701.106(1)(j) 116289 06/14/2017 1,000.00 ZINN CONSTRUCTION LLC 701.106(1)(j) 116314 07/21/2017 1,000.00 OLD WEST ELECTRIC LLC 701.106(1)(j) 116363 06/20/2017 1,000.00 DIAL ME ROOFING INC 701.106(1)(j) 116395 06/23/2017 1,000.00 BAILEY, MICHAEL STEWART 701.106(1)(j) 116400 06/23/2017 500.00 RANK CUSTOM BUILDERS LLC 701.305(1) 116402 06/23/2017 500.00 PDX HANDYMAN LLC 701.305(1) 116427 06/28/2017 1,000.00 LDH CONSTRUCTION LLC 701.106(1)(j) 116436 06/27/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.098(1)(b) 116443 06/30/2017 1,000.00 VPN CONSTRUCTION LLC 701.098(1)(l) 116444 06/28/2017 1,000.00 R TAYLOR CONSTRUCTION LLC 701.106(1)(j) 116451 06/29/2017 1,000.00 DIAMOND HEATING INC 701.106(1)(j) 116467 06/30/2017 500.00 GREEN TEAM CONTRACTORS LLC 701.305(1) 116476 06/30/2017 1,000.00 R & D GRAY INC 701.098(1)(l)

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8 - OTHER (cont.)

Cite 116481 06/30/2017 0.00 GUTTER RUDDER INC 701.098(1)(l) 116494 07/07/2017 200.00 LUCAS HAMERL CONSTRUCTION LLC 701.305(2) 116531 07/11/2017 1,000.00 BRIGHT, WOODROW LENNON 701.098(1)(h) 116544 07/11/2017 1,000.00 AKI PAINTING LLC 701.106(1)(j) 116558 07/13/2017 500.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO


116584 07/13/2017 1,000.00 KINGS BUILDING LLC 701.106(1)(j) 116600 07/14/2017 200.00 DAVIS, KRISTOPHER MAURICE 701.305(2) 116616 07/18/2017 50.00 BIEHN, THOMAS CHARLES 701.098(1)(b) 116628 07/18/2017 1,000.00 NW DIVERSIFIED BUSINESSES INC 701.106(1)(j) 116639 07/19/2017 1,000.00 GRADA INC 701.106(1)(j) 116701 08/03/2017 1,000.00 COSTA, DANIEL DEAN 701.098(1)(c) 116722 08/02/2017 1,000.00 MC WOODS CONSTRUCTION LLC 701.098(1)(l) 116739 08/03/2017 1,000.00 STALEY CONSTRUCTION LLC 701.098(1)(l) 116763 08/03/2017 1,000.00 MEADOW HOMES CONSTRUCTION LLC 701.106(1)(j) 116767 08/02/2017 1,000.00 MC WOODS CONSTRUCTION LLC 701.106(1)(j) 116774 08/03/2017 1,000.00 ADA ROOFING CORPORATION 701.106(1)(j) 116827 08/09/2017 500.00 DRY RITE PROPERTY RESTORATION LLC 701.305(1) 116839 08/08/2017 200.00 INNOVATIVE PAINTING & CONSTRUCTION INC 701.305(2) 116852 08/10/2017 EVERGREEN LANDSCAPE CARE & TREE SERVICES LLC 701.106(1)(m) 116869 08/11/2017 1,000.00 PACIFIC NW DRYWALL & ACOUSTICS LLC 701.106(1)(j)

9 101 of 112


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FINAL ORDERS


1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite 115014 06/27/2017 5,000.00 SENECAUT JR, BRADLEY DEAN 701.021(1) 115469 06/23/2017 5,000.00 CAVENDER, TY 701.021(1) 115521 06/28/2017 700.00 HADDAD II, WAJIH AZIZ 701.021(1) 115533 07/18/2017 1,000.00 IT'S A REAL ESTATE THING LLC 701.021(1) 115792 07/04/2017 1,000.00 KRIVOSHEIN, PEDRO 701.021(1) 115815 06/23/2017 1,000.00 MENDEZ, OSCAR CENTANO 701.021(1) 115827 06/28/2017 600.00 BURTON, JOSEPH MICHAEL 701.021(1) 115834 06/28/2017 600.00 BURTON, JOSEPH MICHAEL 701.021(1) 115869 07/26/2017 700.00 HUNT, DILLON LEE 701.021(1) 115870 06/20/2017 1,000.00 APARTMENT HOMES CONSTRUCTION LLC 701.021(1) 115918 06/21/2017 700.00 TODD E WING CONSTRUCTION LLC 701.021(1) 115997 06/23/2017 1,000.00 COVINGTON PAINTING & REMODEL LLC 701.021(1) 116010 06/23/2017 1,000.00 BIEGUN, CHRISTOPHER LEE 701.021(1) 116016 06/23/2017 5,000.00 JENNINGS, JOHN JOSEPH 701.021(1) 116026 06/14/2017 5,000.00 STEPHENS, CLYDE KERNICK 701.021(1) 116034 06/20/2017 700.00 LIGHTNER, TRAVIS LEE 701.021(1) 116037 06/13/2017 1,000.00 PREFERRED BRANDS 701.021(1) 116045 06/21/2017 5,000.00 MATARESE, JOHN GIOVANNI 701.021(1) 116048 07/11/2017 5,000.00 JOSE FRANCISCO ALVAREZ GUERRERO AND JULIA

MANRIQUEZ 701.021(1)

116053 06/23/2017 1,000.00 MARTIN, JUAN RUIZ 701.021(1) 116054 07/27/2017 1,000.00 INVESTMENT PROPERTY GROUP 701.021(1) 116060 06/28/2017 1,000.00 BACH LAND DEVELOPMENT LLC 701.021(1) 116061 07/31/2017 1,000.00 CAL AM PROPERTIS INC 701.021(1) 116062 08/02/2017 600.00 A DIFFERENT APPROACH LLC 701.021(1) 116069 06/13/2017 5,000.00 PETERS, RON 701.021(1) 116075 06/22/2017 1,000.00 GRANT, MICHAEL DAVID 701.021(1) 116077 06/22/2017 1,000.00 GRANT, MICHAEL DAVID 701.021(1) 116079 06/16/2017 1,000.00 GREAT NORTHWEST PAINTING INC 701.021(1) 116089 08/03/2017 5,000.00 BULUBENCHI, PAVAL 701.021(1) 116090 06/30/2017 1,000.00 DOWNS, KEITH ALLEN 701.021(1) 116110 07/11/2017 1,000.00 GOMEZ, OSCAR MORAN 701.021(1) 116111 07/11/2017 1,000.00 LOPEZ, RUBEN SANLUIS 701.021(1) 116124 06/28/2017 5,000.00 DUFRESNE, VINCE EDWARD 701.021(1) 116127 07/20/2017 1,000.00 KKTS CONSTRUCTION INC 701.021(1) 116129 08/11/2017 1,000.00 PAZ, CARLOS 701.021(1) 116140 08/03/2017 5,000.00 BULUBENCHI, PAVAL 701.021(1) 116156 06/23/2017 1,000.00 LOPEZ, VICENTE AQUINO 701.021(1) 116157 06/30/2017 1,000.00 MUSSER, TIMOTHY WAYNE 701.021(1) 116159 07/11/2017 1,000.00 RHODES III, TJ 701.021(1)

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FINAL ORDERS (cont.)



Cite 116169 06/28/2017 1,000.00 FAIRWAY FLOOR INC 701.021(1) 116171 06/19/2017 1,000.00 ERBENICH, MATTHEW CLINTON 701.021(1) 116174 07/03/2017 1,000.00 SANDS, STEVEN DENNIS 701.021(1) 116179 06/30/2017 1,000.00 MARS HILL CONSTRUCTION LLC 701.021(1) 116182 07/21/2017 1,000.00 ARTS CONSTRUCTION LLC 701.021(1) 116191 07/11/2017 5,000.00 KBA NORTHWEST LLC 701.021(1) 116193 07/20/2017 1,000.00 MERRIFIELD, CRAIG ALEXANDER 701.021(1) 116197 06/28/2017 1,000.00 WRAY, CHRISTOPHER KELLY 701.021(1) 116233 06/30/2017 700.00 STEVENS, DARREN JOE 701.021(1) 116241 07/03/2017 5,000.00 LINK, ANDREW GEORGE 701.021(1) 116254 07/06/2017 1,000.00 NAING, MAUNG NANDA 701.021(1) 116255 07/11/2017 1,000.00 NORDAHL, PERRY LEE 701.021(1) 116256 07/11/2017 1,000.00 ANDERSON, ROBERT ALAN 701.021(1) 116257 07/06/2017 5,000.00 NORTON, DAVID ALAN 701.021(1) 116272 07/17/2017 5,000.00 SCHOLTENS, JEFFREY ALLEN 701.021(1) 116273 07/31/2017 1,000.00 IRELAND, DARRYL LEE 701.021(1) 116280 07/19/2017 700.00 RASMUSSEN, CODY D 701.021(1) 116293 08/11/2017 5,000.00 HOAR, TIMOTHY SHAWN 701.021(1) 116298 07/07/2017 5,000.00 GABRIEL, JAMES E 701.021(1) 116300 08/10/2017 5,000.00 WOOD, JOHNNY C 701.021(1) 116301 07/17/2017 700.00 SLOAS, ROBERT WILLIAM 701.021(1) 116307 07/07/2017 5,000.00 COTA, MATHEW BENJAMIN 701.021(1) 116326 08/02/2017 5,000.00 DUGGER, BRIAN LEE 701.021(1) 116331 07/11/2017 1,000.00 H & H CONSTRUCTION LLC 701.021(1) 116335 08/01/2017 1,000.00 PHILLIPS, KOREY RAY 701.021(1) 116356 07/13/2017 1,000.00 CRIPE, ROBERT A 701.021(1) 116364 07/14/2017 1,000.00 NW CUSTOM CONTRACTORS INC 701.021(1) 116366 07/14/2017 600.00 LOYD, DEAN ALAN 701.021(1) 116370 07/17/2017 600.00 GRAEME, PATRICK DAVID 701.021(1) 116377 08/04/2017 5,000.00 HASKINS, JIMMY DUANE 701.021(1) 116378 07/17/2017 3,600.00 BROWN, DANIEL JAMES 701.021(1) 116384 08/09/2017 600.00 C & J DISTRIBUTING LLC 701.021(1) 116392 07/14/2017 1,000.00 SG CONCRETE 701.021(1) 116394 07/17/2017 1,000.00 FLORES ESCAMILLA, ROBERTO 701.021(1) 116399 07/24/2017 5,000.00 EBERT, LUCAS ORLIN 701.021(1) 116404 08/10/2017 1,000.00 IANTORNO, MICHAEL ANTHONY 701.021(1) 116409 07/17/2017 1,000.00 REGALADO, STEVEN ANTHONY 701.021(1) 116417 07/21/2017 1,000.00 POOL, KEVIN LEE 701.021(1) 116421 07/24/2017 5,000.00 CBM SOLUTIONS INC 701.021(1) 116423 07/21/2017 1,000.00 ROJAS, EDUARDO EDDIE RANGEL 701.021(1)

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Cite 116429 07/21/2017 1,000.00 WATKINS, BRIAN DAVID 701.021(1) 116439 08/08/2017 1,000.00 ZAVALA CORONA, ISRAEL 701.021(1) 116447 07/31/2017 1,000.00 THE COOK & BOARDMAN GROUP LLC 701.021(1) 116449 07/21/2017 1,000.00 KLINGSPORN, JASON LUKE 701.021(1) 116450 08/04/2017 1,000.00 FALKER, JACOB KARL 701.021(1) 116455 08/02/2017 5,000.00 CARMONA, ARTURO NIETO 701.021(1) 116457 08/04/2017 5,000.00 ESSIG, TED ANDREW 701.021(1) 116463 07/25/2017 600.00 RUDISHAUSER, AARON T 701.021(1) 116466 07/24/2017 2,100.00 MERRIWEATHER, SCOTT RANDALL 701.021(1) 116475 08/02/2017 5,000.00 SERRANO, FREDE NEGRETE 701.021(1) 116479 08/03/2017 1,000.00 WATKINS, RICK JOE 701.021(1) 116482 07/26/2017 1,800.00 WRAY, CHRISTOPHER KELLY 701.021(1) 116486 08/07/2017 5,000.00 TELLES, JOSIAH K 701.021(1) 116487 07/31/2017 5,000.00 WESLEY, KENNETH KINDRED 701.021(1) 116489 08/01/2017 5,000.00 STEPHENS, CLYDE KERNICK 701.021(1) 116535 08/03/2017 5,000.00 HERBST, PAYNE D 701.021(1) 116541 08/04/2017 1,000.00 DOFELMIRE, ADAM EDWARD 701.021(1) 116577 08/07/2017 5,000.00 STEPHENS, CLYDE KERNICK 701.021(1) 116580 08/07/2017 1,000.00 TUCK, BRODIE ALAN 701.021(1) 116601 08/11/2017 5,000.00 AMM CONSTRUCTION LLC 701.021(1) 116673 07/31/2017 1,000.00 SLIGER, JAMES LEE 701.021(1) 116699 08/10/2017 1,000.00 APEX SOLAR SOLUTIONS INC 701.021(1) 116746 08/07/2017 1,000.00 SEIFERT, HAL MILTON 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite 115877 06/21/2017 1,000.00 HOBBS, LANCE DARIN 701.035(3) 115937 06/26/2017 1,000.00 H&L HOMES CONSTRUCTION LLC 701.035(3) 116006 06/28/2017 1,000.00 DYNASTY CONSTRUCTION INC 701.035(3) 116023 06/20/2017 1,000.00 JEREMY D HUNGERFORD & JENNIFER D HUNGERFORD 701.035(3) 116055 06/27/2017 1,000.00 GILLESPIE CONTRACTOR GROUP LLC 701.035(3) 116065 06/23/2017 1,000.00 PRICE, TIMOTHY JOHN 701.035(3) 116107 06/22/2017 1,000.00 MADRIGAL PROFESSIONAL PAINTING LLC 701.035(3) 116138 06/19/2017 1,000.00 LEJR CONSTRUCTION LLC 701.035(3) 116144 07/11/2017 1,000.00 C & M CONSTRUCTION LLC 701.035(3) 116180 06/27/2017 1,000.00 JIM DUNCAN CONSTRUCTION LLC 701.035(3) 116196 06/30/2017 1,000.00 PRECISE ROOFING LLC 701.035(3) 116221 07/13/2017 1,000.00 KUZNETSOV, DENNIS K 701.035(3) 116258 06/20/2017 1,000.00 ROBINSON, SHANE STUART 701.035(3) 116276 07/26/2017 1,000.00 ROGUE CUSTOM CONCRETE LLC 701.035(3)

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2 - EXEMPT CONTRACTOR WITH EMPLOYEES (cont.)

Cite 116282 08/14/2017 1,000.00 ACTION AND ARTISTIC CONCRETE LLC 701.035(3) 116390 07/17/2017 1,000.00 L&J PAINTING LLC 701.035(3) 116391 07/17/2017 1,000.00 ULTIMATE ROOFING LLC 701.035(3) 116432 08/03/2017 1,000.00 KIRK PRECISION CONTRACTING LLC 701.035(3) 116438 07/20/2017 1,000.00 IMPERIAL STONE TILE LLC 701.035(3) 116452 08/04/2017 1,000.00 TENAS CONCRETE INC 701.035(3) 116459 08/01/2017 1,000.00 NOBLE TREE AND LANDCARE LLC 701.035(3) 116460 08/10/2017 1,000.00 5A CONSTRUCTION LLC 701.035(3) 116465 08/02/2017 1,000.00 LUIS ROSAS CONSTRUCTION & PAINTING LLC 701.035(3) 116468 08/07/2017 1,000.00 GREEN TEAM CONTRACTORS LLC 701.035(3) 116490 08/04/2017 1,000.00 ELITE BUILDERS OF OREGON LLC 701.035(3) 116496 08/03/2017 1,000.00 CENTRAL COAST ENT LLC 701.035(3) 116504 07/31/2017 1,000.00 BENNETT, BRANDON LEO 701.035(3) 116538 08/02/2017 1,000.00 MYRA LYNN HIGINBOTHAM & LESLIE DOUGLAS

HIGINBOTHAM 701.035(3)

116547 08/02/2017 1,000.00 TATUM, CLINT 701.035(3) 116554 08/03/2017 1,000.00 TESTERMAN, ISAAC WARREN 701.035(3) 116579 08/07/2017 1,000.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO


116579 08/04/2017 1,000.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO LLANOS RAMOS

701.035(3)

116666 08/11/2017 1,000.00 EAGLE EYE PAINTING LLC 701.035(3)


3 - LEAD BASED PAINT

Cite 115845 06/30/2017 1,000.00 ACACIA CONSTRUCTION SERVICES INC 701.510(2) 115943 06/16/2017 1,000.00 MICHAEL KENNETH LEIBBRANDT & KIMBERLI ANN

LEIBBRANDT 701.510(2)

116008 06/19/2017 1,000.00 DWV CONSTRUCTION LLC 701.510(2) 116052 07/11/2017 1,000.00 CREATIVE SOLUTIONS INVESTMENT INC 701.510(3) 116066 06/21/2017 1,000.00 MARTIN JAMES PAINTING & WALLCOVERING LLC 701.510(2) 116078 06/16/2017 1,000.00 GREAT NORTHWEST PAINTING INC 701.510(2) 116096 06/30/2017 1,000.00 GLACIER VALLEY BUILDERS LLC 701.510(2) 116142 06/20/2017 1,000.00 ARIA CONSTRUCTION INC 701.510(2) 116173 06/22/2017 1,000.00 COAST SIDE CONSTRUCTION LLC 701.510(3) 116176 06/21/2017 1,000.00 TRAIL BLAZING CORP 701.510(3) 116194 07/13/2017 1,000.00 BIGFOOT NW CONSTRUCTION LLC 701.510(2) 116212 07/11/2017 1,000.00 CARNAHAN & MANN CONSTRUCTION LLC 701.510(2) 116303 07/26/2017 1,000.00 HLEBECHUK PAINTING LLC 701.510(3) 116327 07/25/2017 3,000.00 JB COLORINGBRUSH PAINTING LLC 701.510(3) 116328 07/12/2017 1,000.00 POWER CONSTRUCTION LLC 701.510(2)

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3 - LEAD BASED PAINT (cont.)

Cite 116333 07/19/2017 1,000.00 NEWTON PAINTING & PROPERTY MAINTENANCE LLC 701.510(3) 116355 07/26/2017 1,000.00 RANTA, SIMO JOHARENES 701.510(3) 116369 07/26/2017 1,000.00 SECURE SEISMIC LLC 701.510(2) 116405 07/20/2017 1,000.00 PRISM PAINTING INC A CORPORATION OF WASHINGTON 701.510(2) 116422 08/03/2017 1,000.00 KIRK PRECISION CONTRACTING LLC 701.510(2) 116426 07/27/2017 1,000.00 DELAP JR, KENNETH DALE 701.510(2) 116430 08/14/2017 1,000.00 ULLOA CONSTRUCTION LLC 701.510(2) 116431 08/14/2017 1,000.00 GRIPPI, GREGORY JAMES 701.510(2) 116433 07/11/2017 1,000.00 CHENS CRAFT CONSTRUCTION LLC 701.510(2) 116464 08/07/2017 1,000.00 GREEN TEAM CONTRACTORS LLC 701.510(2) 116472 07/28/2017 1,000.00 NINJA PAINTING LLC 701.510(2) 116473 08/09/2017 1,000.00 NW ALL PHASE CONSTRUCTION CORP 701.510(2) 116480 08/10/2017 1,000.00 ROCKY HASH BUILDER LLC 701.510(2) 116498 08/02/2017 1,000.00 MCCULLOCH CONSTRUCTION CORP 701.510(3) 116532 08/03/2017 1,000.00 BLAKE D PETERSEN CONSTRUCTION INC 701.510(2) 116533 08/07/2017 1,000.00 MONOLITHIC BUILDERS LLC 701.510(2) 116545 08/02/2017 1,000.00 TATUM, CLINT 701.510(2) 116546 08/08/2017 3,000.00 AKI PAINTING LLC 701.510(2) 116581 08/04/2017 1,000.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO


116657 08/14/2017 1,000.00 KLS CONSTRUCTION INC 701.510(2) 116729 08/11/2017 1,000.00 TRUSTED ROOFING & REMODELING LLC 701.510(2)


4 - IMPROPER LICENSE ENDORSEMENT

Cite 115341 06/16/2017 1,000.00 BACKER & WINFIELD CONSTRUCTION INC 701.021(2)


5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite 115992 06/21/2017 1,000.00 MARKET CONTRACTORS LTD 701.026(2) 116042 06/21/2017 1,000.00 WEST COAST DEVELOPMENT GROUP INC 701.026(2) 116070 06/30/2017 1,000.00 THE RECLAIMED HOME LLC 701.026(2) 116109 06/21/2017 2,000.00 DAMAS PAINTING & CONSTRUCTION LLC 701.026(1) 116170 07/20/2017 1,000.00 BAKER CONSTRUCTION & DEVELOPMENT INC 701.026(1) 116178 06/30/2017 1,000.00 INTERLOCK INDUSTRIES INC 701.026(1) 116500 07/26/2017 1,000.00 TRUEBUILT HOMES LLC 701.026(1) 116542 08/04/2017 1,000.00 ELIUD PEREZ DRYWALL & PAINTING INC 701.026(1)


6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite

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06/13/2017 - 08/14/2017



6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES (cont.)

Cite 115719 06/30/2017 5,000.00 BISSELL & SONS LLC 087.093(2) 115846 06/30/2017 200.00 BISSELL & SONS LLC 087.093(2) 115847 06/30/2017 100.00 BISSELL & SONS LLC 701.330(4) 115848 06/30/2017 100.00 BISSELL & SONS LLC 701.330(4) 116164 06/29/2017 200.00 BATHROOMS ETCETERA LLC 087.093(2) 116199 06/29/2017 100.00 BATHROOMS ETCETERA LLC 701.330(4) 116200 06/29/2017 100.00 BATHROOMS ETCETERA LLC 701.330(4) 116410 07/19/2017 200.00 ROLFE, ADAM RICHARD 087.093(2) 116414 07/19/2017 100.00 ROLFE, ADAM RICHARD 701.330(4) 116416 07/19/2017 100.00 ROLFE, ADAM RICHARD 701.330(4) 116440 07/20/2017 200.00 KIRK PRECISION CONTRACTING LLC 087.093(2) 116441 07/20/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.330(4) 116442 07/20/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.330(4) 116454 07/24/2017 200.00 STEWART, DANIEL ROBERT 087.093(2) 116469 07/21/2017 200.00 GREEN TEAM CONTRACTORS LLC 087.093(2) 116470 07/21/2017 100.00 GREEN TEAM CONTRACTORS LLC 701.330(4) 116471 07/21/2017 100.00 GREEN TEAM CONTRACTORS LLC 701.330(4) 116566 07/20/2017 200.00 PYLE JR, TERRY W 087.093(2)


7 - SUSPENSIONS

Cite 116119 06/15/2017 0.00 WARRIORS ROOFING & SIDING LLC 701.098(1)(b) 116121 06/15/2017 0.00 NW HOME EXTERIORS LLC 701.098(1)(b) 116135 06/15/2017 0.00 REED, JEFFERSON STANLEY 701.102(2)(a) 116137 06/15/2017 0.00 TURNER PLASTERING INC 701.102(2)(a) 116147 06/15/2017 0.00 PACIFIC RECYCLING INC 701.098(1)(b) 116153 08/03/2017 0.00 BOVARY TILE LLC 701.098(1)(b) 116154 06/15/2017 0.00 TWICE THE LIGHT INC 701.098(1)(b) 116162 06/22/2017 0.00 LDJ INC 701.102(2)(a) 116211 08/03/2017 0.00 QUADRIVIUM CONSULTING AND DESIGN LLC 701.098(1)(b) 116219 06/30/2017 0.00 AG REMODEL & CONSTRUCTION LLC 701.098(1)(b) 116225 06/27/2017 0.00 MEAD, ARTHUR EUGENE 701.106(1)(b) 116226 06/27/2017 0.00 XL OVERHEAD CONSTRUCTION INC 701.106(1)(b) 116235 06/29/2017 0.00 DYNAMIC DEVELOPMENT NW INC 701.102(2)(a) 116243 06/29/2017 0.00 THOMAS CONSTRUCTION & PAINTING LLC 701.098(1)(b) 116248 07/03/2017 0.00 ERICKSON, SIMEON ANDREW 701.102(2)(a) 116313 07/12/2017 0.00 MG CONTRACTOR SOLUTIONS LLC 701.098(1)(b) 116398 07/14/2017 0.00 THREE LITTLE BIRDS CONSTRUCTION LLC 701.102(2)(a) 116401 07/14/2017 0.00 SIMON HOMES LLC 701.102(2)(a) 116408 06/23/2017 0.00 MARICAL, JUSTIN RAND 025.750

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7 - SUSPENSIONS (cont.)

Cite 116418 08/11/2017 0.00 PARKER, HARVEY EUGENE 701.102(2)(a) 116524 08/01/2017 0.00 DYNASTY CONSTRUCTION INC 701.068(8) 116565 08/03/2017 0.00 COLUMBIA METAL FAB LLC 701.098(1)(b) 116569 08/03/2017 0.00 TIMBERS INTERIORS CONSTRUCTION LLC 701.098(1)(b) 116570 08/03/2017 0.00 JADE GROUP INC 701.098(1)(b) 116572 08/04/2017 0.00 TRECORE CONSTRUCTION MANAGEMENT LLC 701.098(1)(b) 116574 08/03/2017 0.00 ALVAREZ CONSTRUCTION #1 LLC 701.098(1)(b) 116575 07/12/2017 0.00 SPIVEY, KYLE C 025.750 116576 07/12/2017 0.00 SWEENY, CHRISTOPHER JAMES 025.750 116606 07/17/2017 0.00 WILLIAMS, BRANDON THOMSEN 025.750 116608 08/09/2017 0.00 ACCURATE HEATING INC 701.098(1)(b) 116640 07/27/2017 0.00 DOWNS, KEITH ALLEN 025.750 116775 08/02/2017 0.00 LOGAN, MICHAEL GARY 025.750 116836 08/08/2017 0.00 PUGH, WARREN TRAVIS 025.750 116885 08/14/2017 0.00 REYES RIOS, PEDRO PABLO 025.750 116888 08/14/2017 0.00 BECK, ERIC P 025.750


8 - OTHER

Cite 114036 06/28/2017 1,000.00 DIAMOND HEATING INC 701.106(1)(j) 115849 06/30/2017 200.00 BISSELL & SONS LLC 701.305(2) 116103 06/23/2017 1,000.00 SMELSER, ROBERT GRANT 701.106(1)(j) 116131 06/21/2017 5,000.00 GENERAL INTERIORS LLC 701.098(1)(l) 116184 07/11/2017 5,000.00 CARNAHAN & MANN CONSTRUCTION LLC 701.038(2) 116279 07/11/2017 1,000.00 LEFTCOAST CARPENTRY & REMODELING INC 701.106(1)(j) 116289 07/11/2017 1,000.00 ZINN CONSTRUCTION LLC 701.106(1)(j) 116363 07/14/2017 1,000.00 DIAL ME ROOFING INC 701.106(1)(j) 116395 08/02/2017 1,000.00 BAILEY, MICHAEL STEWART 701.106(1)(j) 116402 07/31/2017 500.00 PDX HANDYMAN LLC 701.305(1) 116427 08/08/2017 1,000.00 LDH CONSTRUCTION LLC 701.106(1)(j) 116436 07/20/2017 100.00 KIRK PRECISION CONTRACTING LLC 701.098(1)(b) 116444 08/02/2017 1,000.00 R TAYLOR CONSTRUCTION LLC 701.106(1)(j) 116451 07/25/2017 1,000.00 DIAMOND HEATING INC 701.106(1)(j) 116467 07/21/2017 500.00 GREEN TEAM CONTRACTORS LLC 701.305(1) 116494 08/04/2017 200.00 LUCAS HAMERL CONSTRUCTION LLC 701.305(2) 116531 08/03/2017 1,000.00 BRIGHT, WOODROW LENNON 701.098(1)(h) 116544 08/08/2017 1,000.00 AKI PAINTING LLC 701.106(1)(j) 116558 08/04/2017 500.00 SANTIAGO DANIEL SANCHEZ LLANOS & LEOBIGILDO


116600 08/03/2017 200.00 DAVIS, KRISTOPHER MAURICE 701.305(2)

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8 - OTHER (cont.)

Cite 116616 08/10/2017 50.00 BIEHN, THOMAS CHARLES 701.098(1)(b) 116628 08/08/2017 1,000.00 NW DIVERSIFIED BUSINESSES INC 701.106(1)(j) 116701 08/11/2017 1,000.00 COSTA, DANIEL DEAN 701.098(1)(c)

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CONSTRUCTION CONTRACTORS BOARD 201 High St SE Suite 600 PO Box 14140 Salem OR 97309-5052 503-378-4621 503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Laurie Hall, Licensing Manager Date: August 14, 2017 Subject: Shared Insurance Policies: Proposed Rule Change

As a follow up to the information provided at the June 28, 2017 meeting, the agency is providing to the Board concept language proposed for amendment of OAR 812-003-0100. The impetus for this language change was the request from AGC and other stakeholders for the Board to review its statutes and rules and determine whether room existed therein for a rule change permitting multiple entities to share one insurance policy. Having determined that such a rule change proposal was only possible if it was within CCB’s statutory mandate and if CCB was able, with the assistance of DCBS and others, to develop rule language providing the same level of protection to consumers as has been provided by the agency’s prior interpretation of its statutes and current rules, which together require that each licensee entity obtain its own general liability and other insurance policies, CCB moved forward with its research. CCB’s research began with a request to DOJ for an informal opinion regarding its statutory mandate. A favorable informal opinion was obtained from CCB’s assigned DOJ General Counsel. CCB then held meetings with DCBS and stakeholders to discuss the issues involved and possible solutions. This was followed by additional meetings with DCBS and DOJ to develop concept rule language. The result of CCB’s research is the following proposal that OAR 812-003-0100 be amended as set forth below. This concept language is intended to respond to CCB’s larger licensees (who wish to be able to obtain insurance for multiple entities), while maintaining a process friendly to CCB’s smaller licensees, and providing the same level of protection to CCB’s consumers as has been provided by CCB’s existing rules. 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

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shall separately meet the licensing requirements. No entity may perform work subject to ORS Chapter 701 through the use of another entity's license.

(2) Entities shall include but not be limited to the following:

(a) Sole proprietorship;

(b) Partnership, limited liability partnership or joint venture;

(c) Limited partnership;

(d) Corporation;

(e) Limited liability company; or

(f) Trust. For purposes of licensing, a trust will be treated the same as a corporation.

(3) The names of Aall partners or joint venturers of partnerships, limited liability partnerships and joint ventures listed in subsection (2)(b) of this rule shallmust be on record with the agency.

(4) The names of Aall general partners of limited partnerships listed in subsection (2)(c) of this rule shallmust be on record with the agency. The agency shallwill not maintain a record of limited partners.

(5) If an entity listed in section (2) of this rule seeks to changes to another type of entity, the former its license maywill be terminated. The new entity must license anew. (6)(a) A licensee must be covered by a policy of insurance that complies with this rule. A policy of insurance complies with this rule if it: (A) Provides general liability insurance covering public liability, personal injury and property damage insurance covering the work of the contractor that is subject to ORS Chapter 701 including the covering of liability for products and completed operations according to the terms of the policy and subject to applicable policy exclusions. (B) Has policy limits in an amount not less than the applicable amount set forth in ORS 701.081 or 701.084. (C) Bears the entity name of the covered person and for existing licensees bears the specific license name and number. (D) Is issued by an insurance company with a certificate of authority from the Department of Consumer and Business Services to transact liability insurance in Oregon. (b) If multiple licensees are named insureds on a single insurance policy, the insurance policy must apply to each named insured as if each named insured is the only named insured on that insurance policy and must apply separately to each named insured against whom a claim is made or suit is brought. (7) Each licensee must, at the time of application for licensing, present certification of general liability insurance that complies with this rule.

(8)(a) Each applicant for initial licensing must, at the time of licensing, present a certification of general liability insurance bearing the specific license name for which licensing is being sought.

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(8)(b) Each applicant for licensing renewal, must at the time of licensing renewal, present a certification of general liability insurance bearing both the specific license name and the specific license number for which licensing renewal is being sought.

(9) Each licensee must keep its general liability insurance active for the duration of the license. Each licensee must notify its insurance company of the insurance company’s reporting obligation, pursuant to this rule, to notify CCB of any termination of the insurance policy or exhaustion of the insurance policy limits.

(10) Should the insurance policy’s maximum limits for any licensee under an insurance policy covering multiple licensees be exhausted, then all named insured licensees on that insurance policy must immediately cease work. No named licensee may start work again, until the Board receives a certification from an insurer showing the insurance policy is renewed, that the insurance policy limits have been reinstated, or that an alternate policy of insurance has been written.

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Documents

DRAFT NOTICE OF PUBLIC MEETING Board/2017 8...Enforcement Memo/Dispute Resolution Services Survey Results 8th Quarter Stan Jessup reported that a press release went out this morning