2015 ORS 701.470¹
Licensing
  • exemptions
  • insurance

(1) As used in this section:

(a)(A) "Construction flagger" means an individual who, for compensation or with the expectation of compensation, directs or controls the flow of motor vehicle traffic on a public roadway to prevent or reduce conflict between the flow of traffic and construction activity on or near the roadway.

(B) "Construction flagger" does not mean an individual performing work for the federal government, a public body as defined in ORS 174.109 ("Public body" defined) or a business regulated by the Public Utility Commission.

(b) "Construction flagging contractor" means a person who employs, contracts with or obtains through a worker leasing company, one or more individuals to act as construction flaggers.

(2) Except as provided in this section, a person may not undertake, offer to undertake or submit a bid to do work as a construction flagging contractor unless the person holds a construction flagging contractor license issued by the Construction Contractors Board.

(3) This section does not require a person to obtain a construction flagging contractor license if the person holds a valid license and endorsement as a:

(a) Residential general contractor;

(b) Commercial general contractor level 1;

(c) Commercial specialty contractor level 1;

(d) Commercial general contractor level 2; or

(e) Commercial specialty contractor level 2.

(4) An applicant for a construction flagging contractor license must:

(a) Submit an application in the manner described in ORS 701.046 (License application);

(b) Obtain a surety bond under ORS 701.068 (Bonding requirements) in the amount of $20,000; and

(c) Obtain general liability insurance under ORS 701.073 (Insurance required of licensed contractors) in an amount of not less than $500,000.

(5) A construction flagging contractor license authorizes a person to act as a construction flagging contractor but does not authorize the person to engage in any other activities that require a license issued under this chapter.

(6) Notwithstanding any other provision of this chapter, the board may not:

(a) Impose training or continuing education requirements for a construction flagging contractor or a responsible managing individual for the contractor.

(b) Require a construction flagging contractor or the responsible managing individual for the contractor to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2015 c.356 §2]

Note: 701.470 (Licensing) takes effect July 1, 2017. See section 4, chapter 356, Oregon Laws 2015.

Note: Section 3, chapter 356, Oregon Laws 2015, provides:

Sec. 3. (1) The Construction Contractors Board shall make construction flagging contractor licenses available for issuance under section 2 of this 2015 Act [701.470 (Licensing)] no later than 180 days after the effective date of this 2015 Act [July 1, 2017].

(2) Notwithstanding section 2 of this 2015 Act and ORS 701.992 (Civil penalties and other sanctions), the board may not assess a civil penalty against a person for a failure to comply with section 2 of this 2015 Act during the period ending 90 days after the date that the board makes construction flagging contractor licenses available for issuance. [2015 c.356 §3]

Chapter 701

Notes of Decisions

This is a remedial statute made for the protec­tion of the building business and of people dealing with builders who might be irresponsible; it should be read as a whole and liberally construed to accomplish its purpose. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)

Atty. Gen. Opinions

Lack of authority for director to appoint executive secretary for board, (1971) Vol 35, p 930; inap­pli­ca­bil­i­ty of this chapter to business of construc­tion or installa­tion of fences, sidewalks, septic tanks, wells and underground sprinkling systems, (1972) Vol 35, p 1278; mobile home as per­sonal or real prop­erty under this chapter, (1972) Vol 36, p 41; applica­tion of Homebuilders Law to mobile homes, (1978) Vol 38, p 693


1 Legislative Counsel Committee, CHAPTER 701—Construction Contractors and Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 701, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.