Bill Text: OR HB2359 | 2011 | Regular Session | Introduced
Bill Title: Relating to authorizations for engaging in occupations.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2359 Detail]
Download: Oregon-2011-HB2359-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2164
House Bill 2359
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Business and Labor)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts landscape contracting business that subcontracts
landscape project site feature construction to licensed
construction contractor from construction contractor license
requirement. Imposes special bonding and insurance qualifications
on landscape contracting business claiming exemption regarding
subcontracting of site feature construction work to construction
contractor. Prohibits landscape contracting business from
entering into contract for unlicensed subcontractor, contractor
or landscape contracting business to perform landscaping work.
Exempts construction contractor subcontracting performance of
construction project landscaping to licensed landscape
contracting business from landscape contracting business license
requirement. Prohibits construction contractor from entering
into contract for unlicensed subcontractor, contractor or
landscape contracting business to perform construction work.
A BILL FOR AN ACT
Relating to authorizations for engaging in occupations; creating
new provisions; and amending ORS 671.540, 671.571, 701.010,
701.026 and 701.348.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 671.510 to 671.760. + }
SECTION 2. { + A landscape contracting business may not enter
into a contract for any subcontractor, contractor or other
landscape contracting business to perform landscaping work
unless:
(1) The performing subcontractor, contractor or business holds
a license under ORS 671.510 to 671.760 or ORS chapter 701, and
any necessary endorsement, that authorizes the subcontractor,
contractor or business to perform the work; or
(2) The performing subcontractor, contractor or business is
exempt from licensure under ORS 671.540 or 701.010. + }
SECTION 3. ORS 671.540 is amended to read:
671.540. (1) Except as provided in subsection (2) of this
section, ORS 671.510 to 671.760 and 671.990 (2) do not apply to:
(a) Any federal or state agency or any political subdivision
performing landscaping work on public property.
(b) Any landscape architect registered under ORS 671.310 to
671.459 and practicing as provided under ORS 671.310 to 671.459.
(c) Landscaping work performed by a landscape maintenance
business if:
(A) The landscaping work is performed for a customer that in a
calendar year receives primarily landscape maintenance services
from the business;
(B) The value of all labor, materials or other items supplied
for landscaping work at a job site does not exceed $500 in a
calendar year; and
(C) The landscaping work is of a casual, minor or
inconsequential nature, as those terms are defined by the State
Landscape Contractors Board by rule.
(d) Installation of fences, decks, arbors, driveways, walkways
or retaining walls if performed by a person or business licensed
{ + as a contractor + } with the Construction Contractors Board.
(e) Rough grading of plots and areas of land performed in
conjunction with new or remodeling construction if performed by a
person or business licensed with the Construction Contractors
Board.
(f) Any owner of property, or employee of an owner of property,
who contracts for landscaping work on the property to be
performed by a person licensed under ORS 671.560. The exception
provided by this paragraph does not apply to a person who, in
pursuit of an independent business, performs or contracts for the
performance of landscaping work with the intent of offering for
sale before, upon or after completion of the landscaping work the
property upon which the landscaping work is performed.
(g) Any landscaping work performed by a person on property that
the person owns or in which the person has a legal interest. The
exception provided by this paragraph does not apply to a person
who, in pursuit of an independent business, performs or contracts
for the performance of landscaping work with the intent of
offering for sale before, upon or after completion of the
landscaping work the property on which the landscaping work is
performed.
(h) A residential general contractor licensed under ORS chapter
701 who performs landscaping work if the total value of the
landscaping is less than $2,500 per residential dwelling and the
landscaping work is performed on residential property for which
the contractor is under contract for the construction of a new
dwelling. The exception provided by this paragraph does not apply
to the performance of irrigation work by a residential general
contractor. The State Landscape Contractors Board shall revise
the amount specified in this paragraph every five years,
beginning in 2003, based on changes in the Portland-Salem, OR-WA
Consumer Price Index for All Urban Consumers for All Items as
published by the Bureau of Labor Statistics of the United States
Department of Labor.
(i) A residential general contractor licensed under ORS chapter
701 who performs landscaping work on residential property that is
directly related to local building code requirements or occupancy
ordinances including, but not limited to, the placement of street
trees. The exception provided by this paragraph does not apply to
the performance of irrigation work by a residential general
contractor.
{ + (j) A commercial general contractor or residential
general contractor licensed under ORS chapter 701 who
subcontracts to a landscape contracting business the performance
of landscaping work on construction projects of the general
contractor. This paragraph does not allow a general contractor to
advertise or represent that the general contractor is licensed to
provide landscape contracting business services. + }
{ - (j) - } { + (k) + } A person engaged in making plans or
drawings for the selection, placement or use of plants or other
site features, unless the plans or drawings are for the purpose
of providing construction details and specifications.
{ - (k) - } { + (L) + } Use by a person other than a
landscape construction professional of the title 'landscape
designer' when engaged in making plans or drawings described in
paragraph { - (j) - } { + (k) + } of this subsection.
{ - (L) - } { + (m) + } A person providing recommendations
or written specifications for soil amendments or planting media
if the recommendations or specifications are solely for the
purpose of plant installation.
{ - (m) - } { + (n) + } A plumbing contractor licensed
under ORS 447.010 to 447.156 when engaged in superintending
installation work on piping for an irrigation system designed by
a landscape contracting business or by a person registered under
ORS 671.310 to 671.459.
{ - (n) - } { + (o) + } A plumbing contractor licensed
under ORS 447.010 to 447.156 when engaged in superintending
repair or maintenance work on piping for an irrigation system.
{ - (o) - } { + (p) + } A journeyman plumber licensed under
ORS chapter 693 when performing an installation for a plumbing
contractor described in paragraph { - (m) - } { + (n) + } of
this subsection or performing repair or maintenance work on
piping for an irrigation system.
{ - (p) - } { + (q) + } An employee, as defined in ORS
657.015, of a residential general contractor licensed under ORS
chapter 701 when performing work that the contractor may perform
under paragraph (h) or (i) of this subsection.
{ - (q) - } { + (r) + } An employee of a licensed landscape
contracting business when performing work for the business under
the direct supervision of a licensed landscape construction
professional.
{ - (r) - } { + (s) + } An employee of a worker leasing
company or temporary service provider, both as defined in ORS
656.850, when performing work for a licensed landscape
contracting business under the direct supervision of a licensed
landscape construction professional.
(2) ORS 671.530 (2), (4) and (5) apply to a person described
under subsection (1) of this section.
SECTION 4. ORS 671.571 is amended to read:
671.571. (1) Notwithstanding ORS 671.570, the State Landscape
Contractors Board may issue a probationary landscape construction
professional license to a person who does not meet the training
and experience qualifications set forth in ORS 671.570. To obtain
a probationary landscape construction professional license, the
person must:
(a) Pay a nonrefundable application fee;
(b) Pay an examination fee;
(c) Pay to the board the landscape construction professional
license fee required by ORS 671.650; and
(d) Pass all sections of the examination described in ORS
671.570 within 12 months after first taking the examination.
(2) Two or more years after receiving a probationary landscape
construction professional license, a probationary landscape
construction professional may obtain removal from probationary
status and issuance of a landscape construction professional
license if the probationary landscape construction professional
presents the board with proof that the probationary landscape
construction professional has done any of the following:
(a) Completed at least 24 months of employment with a licensed
landscape contracting business under the direct supervision of a
landscape construction professional.
(b) Provided supervision described in ORS 671.540
{ - (1)(q) - } { + (1)(r) + } or 671.565 (1)(b) for at least
24 months as the owner or employee of a licensed landscape
contracting business that, during that period:
(A) Filed and maintained with the board a bond, letter of
credit or deposit in the amount of $15,000; and
(B) Performed landscaping work only on landscaping projects
where the amount charged by the landscape contracting business
for work on the project during any 12-month period did not exceed
$15,000.
(c) Actively operated for at least 24 months as a construction
contractor licensed under ORS chapter 701.
(3) Except as provided in this section and ORS 671.560 and as
the board may provide by rule, a probationary landscape
construction professional licensed under this section is for all
purposes a landscape construction professional licensed under ORS
671.560.
SECTION 5. ORS 701.010 is amended to read:
701.010. The Construction Contractors Board may adopt rules to
make licensure optional for persons who offer, bid or undertake
to perform work peripheral to construction, as defined by
administrative rule of the board. The following persons are
exempt from licensure under this chapter:
(1) A person who is constructing, altering, improving or
repairing personal property.
(2) A person who is constructing, altering, improving or
repairing a structure located within the boundaries of any site
or reservation under the jurisdiction of the federal government.
(3) A person who furnishes materials, supplies, equipment or
finished product and does not fabricate them into, or consume
them, in the performance of the work of a contractor.
(4) A person working on one structure or project, under one or
more contracts, when the aggregate price of all of that person's
contracts for labor, materials and all other items is less than
$500 and such work is of a casual, minor or inconsequential
nature. This subsection does not apply to a person who advertises
or puts out any sign or card or other device that might indicate
to the public that the person is a contractor.
(5) An owner who contracts for work to be performed by a
licensed contractor. This subsection does not apply to a person
who, in the pursuit of an independent business, constructs,
remodels, repairs or for compensation and with the intent to sell
the structure, arranges to have constructed, remodeled or
repaired a structure with the intent of offering the structure
for sale before, upon or after completion. It is prima facie
evidence that there was an intent of offering the structure for
sale if the person who constructed, remodeled or repaired the
structure or arranged to have the structure constructed,
remodeled or repaired does not occupy the structure after its
completion.
(6) An owner who contracts for one or more licensed contractors
to perform work wholly or partially within the same calendar year
on not more than three existing residential structures of the
owner. This subsection does not apply to an owner contracting for
work that requires a building permit unless the work that
requires a permit is performed by, or under the direction of, a
residential general contractor.
(7) A person performing work on a property that person owns or
performing work as the owner's employee, whether the property is
occupied by the owner or not, or a person performing work on that
person's residence, whether or not that person owns the
residence. This subsection does not apply to a person performing
work on a structure owned by that person or the owner's employee,
if the work is performed in the pursuit of an independent
business with the intent of offering the structure for sale
before, upon or after completion.
(8) A person licensed { + or registered + } in one of the
following trades or professions when operating within the scope
of that license { + or registration + }:
(a) An architect { - licensed - } { + registered + } by the
State Board of Architect Examiners.
(b) A professional engineer registered by the State Board of
Examiners for Engineering and Land Surveying.
(c) A water well contractor licensed by the Water Resources
Department.
(d) A sewage disposal system installer licensed by the
Department of Environmental Quality.
(e) A landscape contracting business licensed under ORS 671.510
to 671.760.
(f) A pesticide operator licensed under ORS 634.116 who does
not conduct inspections for wood destroying organisms for the
transfer of real estate.
(g) An appraiser certified or licensed under ORS chapter 674 or
an appraiser assistant registered under ORS chapter 674 by the
Appraiser Certification and Licensure Board.
(9) A landscape contracting business operating within the scope
of a license issued under ORS 671.510 to 671.760 that:
(a) Constructs fences, decks, arbors, patios, landscape edging,
driveways, walkways or retaining walls and meets the applicable
bonding requirements under ORS 671.690; { - or - }
(b) Subcontracts to a licensed plumbing contractor, or
otherwise arranges for a licensed plumbing contractor to perform,
the installation of an irrigation system described in ORS 671.540
{ - (1)(m) - } { + (1)(n) + } or the repair or maintenance of
an irrigation system { - . - } { + ; or
(c) Contracts for a landscaping project that includes the
performance of both landscaping work and the construction of site
features. This paragraph does not allow a landscape contracting
business to advertise or represent that the business is licensed
to provide construction contractor services. As used in this
paragraph, 'site features' means surfaces, steps, trellises,
benches, water features, spas, ponds, waterways, pools, gazebos,
small sheds for storing gardening tools and other physical
elements in the landscape that are not within the scope of a
landscape contracting business license. The exception provided by
this paragraph applies only if the landscape contracting
business:
(A) Subcontracts the construction of the landscape project site
features to one or more construction contractors licensed and
properly endorsed under this chapter to perform the work;
(B) Notwithstanding ORS 671.690, files with the State Landscape
Contractors Board a bond, letter of credit or deposit for an
amount not less than $15,000; and
(C) Files with the State Landscape Contractors Board a
certificate of public liability, personal injury and property
damage insurance covering the work of the landscape contracting
business for an amount not less than $1 million. + }
(10) A person who performs work subject to this chapter as an
employee of a contractor.
(11) A manufacturer of a manufactured home constructed under
standards established by the federal government.
(12) A person involved in the movement of:
(a) Modular buildings or structures other than manufactured
structures not in excess of 14 feet in width.
(b) Structures not in excess of 16 feet in width when the
structures are being moved by their owner if the owner is not a
contractor required to be licensed under this chapter.
(13) A commercial lending institution or surety company that
arranges for the completion, repair or remodeling of a structure.
As used in this subsection, 'commercial lending institution '
means any bank, mortgage banking company, trust company, savings
bank, savings and loan association, credit union, national
banking association, federal savings and loan association,
insurance company or federal credit union maintaining an office
in this state.
(14) A real estate licensee as defined in ORS 696.010 or the
employee of that licensee when performing work on a structure
that the real estate licensee manages under a contract.
(15) Units of government other than those specified in ORS
701.005 (5)(c) and (d).
(16) A qualified intermediary in a property exchange that
qualifies under section 1031 of the Internal Revenue Code as
amended and in effect on January 1, 2004, if the qualified
intermediary is not performing construction activities.
(17) A business that supplies personnel to a licensed
contractor for the performance of work under the direction and
supervision of the contractor.
(18) City or county inspectors acting under ORS 701.225 or
inspectors described in ORS 455.715.
SECTION 6. ORS 701.026 is amended to read:
701.026. (1) A contractor may not { - hire a contractor - }
{ + enter into a contract for a subcontractor or contractor
+ }to perform work unless the { + performing subcontractor
or + } contractor is licensed under this chapter and properly
endorsed for the work to be performed or is exempt from licensure
under ORS 701.010.
(2) { - Except as provided in ORS 671.540, - } A contractor
{ - that is not licensed under ORS 671.560 shall hire a
person - } { + may not enter into a contract with a landscape
contracting business to perform landscaping work unless the
landscape contracting business is + } licensed under ORS 671.560
to perform landscaping work { + or the landscape contracting
business is exempt from licensure under ORS 671.540 + }.
SECTION 7. ORS 701.348 is amended to read:
701.348. (1) Every person offering to undertake or undertaking
construction of building sewer piping shall comply with the
requirements of ORS chapter 701.
(2) Every person submitting a bid or a written estimate of the
costs to construct building sewer piping shall provide to
potential customers, prior to an agreement to perform, the
following:
(a) The person's Construction Contractors Board license number;
(b) The applicable bonding and liability coverage; and
(c) The statement described in ORS 701.325 (1).
(3) Any person licensed under ORS { - 701.026 - } { +
701.021 + } may install a building sewer after obtaining a permit
for plumbing inspection under ORS 447.095.
(4) As used in this section, 'building sewer' means that part
of the system of drainage piping that conveys sewage into a
septic tank, cesspool or other treatment unit that begins five
feet outside the building or structure within which the sewage
originates.
SECTION 8. { + Section 2 of this 2011 Act and the amendments
to ORS 671.540, 701.010 and 701.026 by sections 3, 5 and 6 of
this 2011 Act apply to contracts entered into on or after the
effective date of this 2011 Act. + }
----------
