2021 Oregon Revised Statutes
Chapter 701 - Construction Contractors and Contracts
Section 701.010 - Exemptions from licensure; rules.


(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 $1,000 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 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) or the repair or maintenance of an irrigation system.
(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 surety company, commercial lending institution, holding company for a commercial lending institution, subsidiary of a commercial lending institution or subsidiary of a holding company for a commercial lending institution that arranges for completion, repair or remodeling by one or more licensed contractors of a structure in which the company, institution, holding company or subsidiary holds a legal or security interest. 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 who engages in the management of rental real estate 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 worker leasing company or temporary service provider, both as defined in ORS 656.850, 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.
(19) A person performing work for purposes of agricultural drainage, agricultural trenching or agricultural irrigation or involving the construction of agricultural fences to control livestock.
(20) A person performing work that is subject to ORS 527.610 to 527.770 on forestlands for which notice of operation has been filed under ORS 527.670. [1971 c.740 §20; 1979 c.312 §1; 1981 c.618 §9; 1983 c.616 §5a; 1989 c.928 §2; 1991 c.181 §2; 1991 c.463 §1; 1993 c.18 §152; 1995 c.644 §1; 1997 c.814 §8; 1999 c.32 §4; 1999 c.325 §5; 1999 c.402 §12; 2001 c.196 §3; 2001 c.197 §10; 2003 c.285 §1; 2003 c.329 §1; 2003 c.675 §70; 2005 c.254 §12; 2005 c.432 §7; 2005 c.609 §22; 2007 c.541 §42; 2007 c.639 §1; 2007 c.836 §57; 2009 c.259 §31; 2009 c.483 §5; 2011 c.174 §1; 2013 c.196 §22; 2013 c.378 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 17 - Occupations

Chapter 701 - Construction Contractors and Contracts

Section 701.002 - Short title.

Section 701.005 - Definitions.

Section 701.010 - Exemptions from licensure; rules.

Section 701.013 - Intent relating to certain business license requirements.

Section 701.015 - Business license requirements in cities and metropolitan service districts; fees; distribution of fees.

Section 701.020 - Certain cities exempt from application of ORS 701.015.

Section 701.021 - License requirement; endorsements.

Section 701.026 - Subcontractor licensing; landscaping.

Section 701.031 - Evidence of doing business as contractor.

Section 701.035 - Applicant required to be independent contractor to be eligible for license; classes of licenses.

Section 701.038 - Residential limited contractors.

Section 701.042 - Residential or commercial developers.

Section 701.046 - License application.

Section 701.050 - Commercial contractor key employees.

Section 701.056 - Licensing application fee; rules.

Section 701.063 - Term of license; fee; renewal; inactive status; license identification card.

Section 701.068 - Bonding requirements; action against surety; rules.

Section 701.073 - Insurance required of licensed contractors.

Section 701.081 - Residential contractors; bond; insurance; responsible managing individual.

Section 701.082 - Residential contractor continuing education requirements; exemptions.

Section 701.084 - Commercial contractors; bond; insurance; responsible managing individual; key employees.

Section 701.086 - Key employee continuing education.

Section 701.088 - Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules.

Section 701.091 - Responsible managing individual.

Section 701.093 - Change in responsible managing individual; temporary managing individual.

Section 701.094 - Definition for ORS 701.098 and 701.102; rules.

Section 701.098 - Grounds for discipline; rules; suspension or refusal of license without prior hearing; hearing; civil penalty; injunctions; cease and desist orders; restoration or reissuance of license.

Section 701.102 - Sanction for past unresolved activity or outstanding matters; probation.

Section 701.106 - Sanction for violation or failure to comply with certain laws.

Section 701.107 - Sanction for assisting evasion of obligations.

Section 701.108 - Failure to comply with prevailing wage rate or other wage and hour standards for energy efficiency and sustainable technology projects.

Section 701.109 - Reporting of final judgments.

Section 701.114 - Change in responsible managing individual or persons exercising control of contractor.

Section 701.119 - Certification to participate in small scale local energy project program.

Section 701.120 - Specialized education programs; standards; specialized education notation in credentials; removal of notation; rules for use of credentials.

Section 701.122 - Training requirements for individuals and businesses; testing of business license applicant; exception; rules.

Section 701.128 - Suit for damages for misrepresentation.

Section 701.131 - License required to perfect lien or obtain judicial or administrative remedy; exception.

Section 701.133 - Notice of intent to file complaint; fees; rules.

Section 701.139 - Complaint validity; applicable resolution processes.

Section 701.140 - Types of allowable complaints; restriction on processing complaint for recoupment of lien.

Section 701.143 - Requirement for timely filing of complaints; timelines.

Section 701.145 - Resolution of complaints involving work on residential structures or certain small commercial structures.

Section 701.146 - Resolution of complaints involving work on large commercial structures or certain small commercial structures.

Section 701.149 - Status reports; alternative dispute resolution.

Section 701.150 - Determination of amount to be paid from bond.

Section 701.153 - Recording of order as lien; satisfaction of order against residential contractor.

Section 701.157 - Satisfaction of order against commercial contractor.

Section 701.160 - Nonlawyer may represent certain forms of businesses before board; rules for additional business forms.

Section 701.205 - Construction Contractors Board; members; terms; confirmation; vacancies; qualifications.

Section 701.215 - Officers; quorum; compensation and expenses; advisory committees.

Section 701.225 - Investigatory powers of board; use of city or county inspectors; notice of noncompliance; conduct of hearings; authority of board to order work stopped.

Section 701.227 - Disqualification from eligibility for certain public contracts; list of disqualified contractors.

Section 701.235 - Rulemaking.

Section 701.238 - Determination of licensing application fee; rules.

Section 701.240 - Provision of licensed contractors list to other state agencies; rules.

Section 701.246 - Confidentiality of information; permissible disclosures.

Section 701.250 - Board to provide licensee’s status on request; fee.

Section 701.260 - Appeal committee; membership; duties.

Section 701.265 - Continuing education system for residential contractors; rules.

Section 701.267 - Agreements with continuing education providers; credits; fees.

Section 701.269 - Residential general master builder certification program; requirements; standards; fees; rules.

Section 701.272 - Interagency agreements.

Section 701.305 - Requirement for written contract with residential property owner; standard contractual terms; rules.

Section 701.310 - Cancellation of contract.

Section 701.312 - Additional grounds for placing contractor on probation.

Section 701.320 - Offer of warranty; withdrawal of contract offer.

Section 701.325 - Condition for obtaining building permit; information notice; business licenses; local regulation.

Section 701.330 - Consumer notice form; notice of procedure form; rules.

Section 701.335 - Recommended maintenance schedule; rules.

Section 701.345 - Subcontractor list.

Section 701.348 - Sewer contractor requirements.

Section 701.410 - Definitions.

Section 701.420 - Partial payment; retainage; effect; interest; notice of completion; payment by contractor and owner.

Section 701.430 - Performance bond; terms.

Section 701.435 - Deposits in lieu of cash retainage.

Section 701.440 - Applicability to federal projects.

Section 701.445 - Home inspectors; certification; rules; fees; exemption.

Section 701.455 - Home inspector services contractor license; exemption from testing and continuing education.

Section 701.470 - Licensing; exemptions; insurance.

Section 701.475 - Definitions for ORS 701.475 to 701.490.

Section 701.480 - Certification; licensing; holding out as locksmith or locksmithing business.

Section 701.485 - Standards of practice and professional conduct; determination of competency; sanctions; rules; fees.

Section 701.490 - Exemptions from certification, licensure and other requirements.

Section 701.495 - Residential locksmith services contractor license; exemption from testing and continuing education.

Section 701.501 - Home services contractor license; exemption from testing and continuing education.

Section 701.505 - Definitions for ORS 701.505 to 701.515.

Section 701.510 - License required to engage in lead-based paint activity.

Section 701.515 - Licensing system; fees; rules.

Section 701.520 - Construction Contractors Board Lead-Based Paint Activities Fund.

Section 701.527 - Definitions for ORS 702.527 to 701.536.

Section 701.529 - Certification and licensing requirements; use of title.

Section 701.532 - Home energy assessor certification; training; rules; fees.

Section 701.536 - Assessor and contractor exemption from testing and continuing education.

Section 701.540 - Licensing; standards and practices; rules.

Section 701.545 - Provision of accessible features list to purchaser; effect.

Section 701.547 - Model list of accessibility features; rules.

Section 701.555 - Barrier-type exterior insulation and finish systems.

Section 701.560 - Definitions for ORS 701.560 to 701.595 and 701.605.

Section 701.565 - Notice of defect requirement; contents; mailing.

Section 701.570 - Secondary notice of defect; inspection of residence; response to notice or secondary notice.

Section 701.575 - Availability of residence; scope of inspection; report of inspection results.

Section 701.580 - Offer by contractor, subcontractor or supplier; effect of accepting offer; nonperformance; compelling arbitration or commencing court action; admissibility of response or reply.

Section 701.585 - Effect of notice of defect on time for commencing court action.

Section 701.595 - Failure to follow notice of defect procedure.

Section 701.600 - Nonapplicability of ORS 701.560 to 701.595 and 701.605.

Section 701.605 - Recording of written warranty agreement.

Section 701.620 - Definitions for ORS 701.620 to 701.640.

Section 701.625 - Progress payments; notice requirements; nonapproval of billing or estimate; withholding; final payment.

Section 701.630 - Payments to subcontractors and material suppliers; failure to pay; omission of payment.

Section 701.635 - Suspension of performance.

Section 701.640 - Prohibition against contrary provisions, covenants or clauses.

Section 701.645 - Contracts and housing not subject to ORS 701.620 to 701.640.

Section 701.990 - Criminal penalties.

Section 701.992 - Civil penalties and other sanctions; enforcement.

Section 701.995 - Civil penalties for violations related to lead-based paint activities; reporting of penalties and sanctions.