2015 ORS 701.540¹
Licensing
  • standards and practices
  • rules

(1) As used in this section:

(a) "Board-up services" means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry.

(b) "Man-made or natural disaster" means a fire, flood, earthquake, crime or other sudden event that causes a structure or the contents of a structure to suffer damage as described in rules adopted by the Construction Contractors Board.

(c) "Restoration work" means the performance, on a residential or small commercial structure, of:

(A) Nonroutine cleaning, water removal, personal property inventory or other services undertaken because of damage to the structure, or to the contents of the structure, that was caused by a man-made or natural disaster;

(B) Debris removal that does not require demolition work on the structure; and

(C) Board-up services.

(d) "Restoration work" does not mean:

(A) The repair or replacement of physical components of a structure;

(B) Demolition of all or part of a structure; or

(C) Except as provided in paragraph (c)(C) of this subsection, any work on a residential or small commercial structure that requires a license endorsement listed in subsection (3)(b)(A) to (C) or (E) to (H) of this section.

(2)(a) The board may issue a licensee an endorsement as a residential restoration contractor. A license endorsement as a residential restoration contractor authorizes the licensee to perform restoration work, but does not authorize the performance of other contractor activities.

(b) Notwithstanding ORS 701.122 (Training requirements for individuals and businesses), the board may not require a residential restoration contractor to take a test measuring the knowledge of the contractor regarding business practices and laws affecting construction contractors.

(c) ORS 701.082 (Residential contractor continuing education requirements) does not apply to residential restoration contractors, but the board may establish continuing education requirements for residential restoration contractors by rule.

(3) For purposes of ORS 701.021 (License requirement) (1), the appropriate license endorsements to arrange for, undertake, offer to undertake or submit a bid to do restoration work for compensation, or with the expectation to be compensated, are:

(a) The following if the work is on a residential structure:

(A) Residential general contractor.

(B) Residential specialty contractor.

(C) Residential limited contractor.

(D) Residential restoration contractor.

(b) The following if the restoration work is on or in connection with a small commercial structure:

(A) Residential general contractor.

(B) Residential specialty contractor.

(C) Residential limited contractor.

(D) Residential restoration contractor.

(E) Commercial general contractor level 1.

(F) Commercial specialty contractor level 1.

(G) Commercial general contractor level 2.

(H) Commercial specialty contractor level 2.

(4) The board may adopt rules to regulate the arranging, undertaking, offering to undertake and submission of bids for restoration work by licensees of the board, including but not limited to rules establishing minimum standards of practice and professional conduct for the offering or performance of restoration work. [2015 c.498 §2]

Note: Section 7, chapter 498, Oregon Laws 2015, provides:

Sec. 7. (1) As used in this section, "board-up services" and "restoration work" have the meanings given those terms in section 2 of this 2015 Act [701.540 (Licensing)].

(2) The Construction Contractors Board shall adopt initial rules for the issuance of residential restoration contractor license endorsements as provided under section 2 of this 2015 Act in time to make the license endorsements available no later than January 1, 2017. Notwithstanding ORS 701.238 (Determination of licensing application fee), the initial application fee, licensing fee or other fees imposed for a residential restoration contractor shall be the fees in effect on the effective date of this 2015 Act [January 1, 2016] for a residential limited contractor. The initial fees required by this subsection do not require prior approval of the Oregon Department of Administrative Services or a report to the Emergency Board prior to adoption.

(3) The endorsement requirements established in section 2 (3) of this 2015 Act apply to arranging for, undertaking, offering to undertake or submitting a bid to undertake restoration work to be performed in whole or in part on or after July 1, 2017. This subsection does not authorize the performance of board-up services by a person who is not licensed as a contractor by the Construction Contractors Board, regardless of the performance date. [2015 c.498 §7]

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.