notice of public meeting ccb board meeting board/2019 02-27 bo… · 2019-2-27 agenda.docx...

2019-2-27 Agenda.docx

Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2217 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, February 27, 2019 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 (12/5/18 Board meeting)………………………………………...ACTION ITEM (pg 2) Board Calendar:

Next Meeting: April 24, 2019 (Beardsley Building, 1st floor) ...................................................... (pg 5)

Public Comment

Agency Reports 1. Agency Update (Rem Nivens) ..................................................................................................... (no attachment)

2. Licensing (Dana Zeimantz)a. CCB Licensing Stats as of 12/1/18, 1/1/19 ........................................................................ (pg 6)

3. Business Services and Information Technology (Dana Zeimantz)a. Budget Report .................................................................................................................... (pg 8)

4. Education (Leslie Culpepper)a. Outreach and Education Program Update ........................................................................ (pg 9)

5. Enforcement (Stan Jessup)a. Enforcement Update Quarterly Reports ............................................................................ (pg 12)

Old Business 1. Recruitment Update/Adopt Hiring Selection Subcommittee (Rem Nivens) ACTION ITEM (pg 15)

New Business 1. Enforcement Consent Agenda (Stan Jessup). ................................................... ACTION ITEM (pg 16) 2. OAR 812-005-0800 Rule Changes (Stan Jessup)………………………………………………….. (pg 36)

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.

http://www.oregon.gov/ccb

MINUTES OF THE December 5, 2018- Amended CONSTRUCTION CONTRACTORS BOARD MEETING

The Construction Contractors Board (CCB) met on Wednesday, December 5, 2018, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon. Attendees:

Board members appearing in person: Board Chair Jim Kitchin, Kurt Bolser, Susan Steward, Dylan Bochsler and Andrea Noble Board members appearing on the phone: Jim Patrick and Eric Olson Board members absent excused: Patty Dorroh

Staff: Interim Administrator Rem Nivens, Project Manager Laurie Hall, Licensing/Business Services Manager Dana Zeimantz, Enforcement Manager Stan Jessup, IT Manager Noel Magee, Enforcement Support Supervisor/Interim Board Secretary Sara Heinz, Assistant Attorney General Catriona McCracken and Assistant Attorney General Sylvia VanDyke.

Guests: Lauren Toedtemeier, Lauren Kuenzi and Matt Day

A. MEETING CALLED TO ORDER:

Chair Kitchin called the meeting to order at 9:30 a.m. B. APPROVAL OF AGENDA:

MOTION: Kurt Bolser moved to approve the agenda. Andrea Noble seconded the motion. Motion to approve the agenda carried unanimously.

C. APPROVAL OF MINUTES:

MOTION: Kurt Bolser moved to approve the October 24, 2018 minutes. Dylan Bochsler seconded the motion. Motion to approve the minutes carried unanimously.

D. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting is

scheduled for February 27, 2019 in the Hearings Room on the first floor at 201 High Street SE, Salem, Oregon.

E. PUBLIC COMMENT:

None

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CCB Minutes Page 2 December 5, 2018

2018 12-5 mins.docx

F. AGENCY REPORTS:

Agency Update Interim Administrator Remmal Nivens advised that the Governor released her recommended budget. The agency appealed to add 2 additional positions within our Agency Recommended Budget and those positions were approved. The Governor’s office has put together another member for this board, Javier Juarez. The Senate confirmation is coming up on the 12th of December. The Legislative session is coming up and will be starting on January 22, 2019. Mr. Nivens also mentioned that he participated in the Wage Accountability workgroup but has yet to hear if any other meetings will be scheduled. Licensing Dana Zeimantz, Licensing Manager advised that the November statistics were included in the packet and we continue to increase in the number of licensees. Business Services and Information Technology Dana Zeimantz, Business Services/IT Manager advised that IT continues to work on their projects and are making forward progress. Education Stan Jessup, Enforcement Manager, gave a brief Education update because Leslie Culpepper, Education Manager, was not present at the Board meeting. JLC Live was held recently and the survey comments were good as always. Mr. Jessup is booked out to March with speaking engagements already and is certain that Leslie will have the spring outreach calendar out soon.

Enforcement Stan Jessup, Enforcement Manager, discussed field citations as referenced in the Board packet. The field citation notices have been updated. The only outstanding issue with the notice is whether or not the Field Investigator issuing the citation will have the delegated authority to sign the notice. The board must vote on this matter. Mr. Jessup also introduced Lauren Toedtemeier as the newest Enforcement section employee. MOTION: Jim Patrick made a motion to allow the Field Investigators to have the delegated authority on the new Field Citations. Kurt Bolser seconded the motion. Motion to approve carried unanimously.

G. OLD BUSINESS:

Administrative Rule Changes MOTION: Kurt Bolser made a motion to repeal OAR 812-002-0100, amend 812-003-0120 (2)(h) and amend 812-003-0260(1)(i) and rename sections as necessary. Dylan Bochsler seconded the motion. The motion carried unanimously.

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2018 12-5 mins.docx

H. NEW BUSINESS:

Enforcement Consent Agenda October 9 - November 19, 2018 MOTION: Andrea Noble made a motion to approve the Notices of Intent minus 120508. Dylan Bochsler seconded the motion. The motion carried unanimously. MOTION: Andrea Noble made a motion to approve the Notice of Intent for file 120508 Fresh Paint. Dylan Bochsler seconded the motion. Chair Kitchen recused himself. The motion carried unanimously. MOTION: Dylan Bochsler made a motion to approve the Final Orders minus 120523. Andrea Noble seconded the motion. The motion carried unanimously. MOTION: Dylan Bochsler made a motion to approve the Final Order for file 120523. Andrea Noble seconded the motion. Chair Kitchen recused himself. The motion carried unanimously.

Administrator Recruitment

Interim Administrator Remmal Nivens advised of the memo and documents in the packet regarding the recruitment. He has met with council to make sure the appropriate documents have been filed and public comment period is closed. He recommends posting the job for 30 days, casting a wide net. Mr. Nivens feels this position warrants a nationwide search. His timeline recommends that the recruitment start January 1st. Kurt Bolser questioned what the state’s policy is on relocation expenses. AAG Sylvia VanDyke advised that the state does have a policy regarding relocation expenses although she did not have the specific details with her. She mentioned also that there is a policy that could potentially pay for expenses on an out of state candidate for the interview process. It was suggested that this information should be included in the job posting. Dylan Bochsler questioned what Mr. Nivens and DCBS will be doing to cast a wider net on this posting. The job will be posted on many boards and Mr. Nivens is also looking for a diverse applicant pool. Board member Stewart and Board Chair Kitchen will serve on the panel to eliminate the first round of applicants. PUBLIC COMMENT: None

MOTION: Andrea Noble made a motion to approve the position description as presented in today’s packet. Susan Steward seconded the motion. The motion was approved unanimously. MOTION: Kurt Bolser made a motion to approve the standards, criteria and policy directives as presented in the criteria for CCB Administrator document. Dylan Bochsler seconded the motion. The motion was approved unanimously.

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2018 12-5 mins.docx

MOTION: Dylan Bochsler made a motion approve the CCB Administrator plan as presented in the packet. Susan Stewart seconded the motion. The motion was approved unanimously. MOTION: Dylan Bochsler made a motion to approve the Notice of Intent for file 120523. Andrea Noble seconded the motion. Chair Kitchen recused himself. The motion was approved unanimously. MOTION: Dylan Bochsler made a motion to approve the Final Order for file 120508. Andrea Noble seconded the motion. Chair Kitchen recused himself. The motion was approved unanimously.

I. ADJOURNED:

The meeting adjourned at 10:21a.m.

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CCB Board Meeting Calendar, 2019 DATE NOTED ITEMS LOCATION

February 27, 2019 1st Floor Hearings Room

April 24, 2019 Election of Officers 1st Floor Hearings Room

June 26, 2019 New Officer Terms Begin 1st Floor Hearings Room

August 28, 2019 KPM Best Practices Survey Finalized 1st Floor Hearings Room

October 23, 2019 1st Floor Hearings Room

December 4, 2019 1st Floor Hearings Room

The following dates will be reserved for potential meetings in the event that urgent matters arise requiring immediate action by the Board. Board members and the public will be notified in advance when a meeting is going to occur, and whether it will be held in Salem or via teleconference.

• January 23, 2019• March 27, 2019• May 22, 2019• July 24, 2019• September 25, 2019

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CCB LICENSING STATISTICS AS OF 1/1/19

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 23,401 Residential Specialty 8,665 Residential Limited 1,562 Residential Developer 206 Residential Locksmith Services 86 Residential Home Inspector Services 297 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 34 Inactive 1,049 TOTAL RESIDENTIAL LICENSEES 35,326

Commercial General Level 1 1,695 Commercial General Level 2 4,860 Commercial Specialty Level 1 813 Commercial Specialty Level 2 2,543 Commercial Developer 66 Inactive 213 TOTAL COMMERCIAL LICENSEES 10,190

TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

40,400

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) 5,332 Lead Base Paint Activities (LBPA) 113 Construction Flagging 24

CERTIFICATIONS Home Inspectors 712 Locksmiths 488 EEAST 17 Home Energy Assessors 125

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CCB LICENSING STATISTICS AS OF 12/1/18

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 23,354 Residential Specialty 8,674 Residential Limited 1,573 Residential Developer 205 Residential Locksmith Services 84 Residential Home Inspector Services 295 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 36 Inactive 1,039 TOTAL RESIDENTIAL LICENSEES 35,286 Commercial General Level 1 1,689 Commercial General Level 2 4,863 Commercial Specialty Level 1 813 Commercial Specialty Level 2 2,557 Commercial Developer 65 Inactive 211 TOTAL COMMERCIAL LICENSEES 10,198 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

40,379

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) 5,282 Lead Base Paint Activities (LBPA) 113 Construction Flagging 24 CERTIFICATIONS Home Inspectors 710 Locksmiths 487 EEAST 17 Home Energy Assessors 155 7 of 557 of 567 of 56

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: February 7, 2019 Subject: Budget Report

2017-19 Budget Update November Revenue & Expense Breakdown: Actual Revenue: $351,226 Actual Expenses: $581,122 Budgeted Revenue: $402,789 Budgeted Expenses: $648,259 Variance: ($ 51,563) Variance: ($ 67,137) December Revenue & Expense Breakdown: Actual Revenue: $457,371 Actual Expenses: $551,041 Budgeted Revenue: $419,543 Budgeted Expenses: $645,036 Variance: $ 37,828 Variance: ($ 93,995) Biennium Summary: The total agency budget for 2017-19 is $15,859,876. We are currently 18 months into the budget cycle. The current budget breakdown to date is: Actual Revenue: $9,101,513 Actual Expenses: $ 9,940,431 Budgeted Revenue: $8,146,458 Budgeted Expenses: $11,975,255 Variance: $ 955,055 Variance: ($ 2,034,824) Current Status: Actual Revenue: $9,101,513 Actual Expense: $9,940,431 Net Actual: ($ 838,918) The agency finished this period with approximately 13 months of operating cash.

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

Memorandum

To: Construction Contractors Board From: Leslie Culpepper, Communications and Education Manager Date: February 12, 2019 Subject: Outreach and Education Program update

The Education section began its 2019 outreach season this January, and now that we’re into February, the schedule is beginning to get busy. The spring outreach schedule, on the following page, highlights where we’ll be going and who we’ll be seeing for the next several months. We anticipate a very busy season with trips up and down the valley, into southern Oregon, and all the way to the farthest reaches of eastern Oregon. A few highlights from the schedule include the Good Earth Home, Garden & Living Show, which we just attended for the first time January. This well-attended show draws people from all over Eugene and the surrounding area. It was an exciting discovery for us because the audience was engaged and had many questions about CCB. While there, we spoke with hundreds of homeowners about CCB’s consumer protections, dispute resolution process, and the value of hiring a licensed contractor. This March will be our first time attending the Governor’s Occupational Safety and Health (GOSH) Conference. This Portland show is the largest safety and health conference in the Northwest, and one of the largest in the United States. Thousands of employers and occupational health and safety professionals will be in attendance. We’ll be there to answer contractor questions and hand out literature to increase awareness about the agency.

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2019 CCB Spring Outreach Schedule

What When Where Audience/Attendees Mid-Valley Home Show January 11-13 Salem

Homeowners/ General public

Good Earth Home, Garden & Living Show January 18-20 Eugene Homeowners/ General public Mid Valley Association of Realtors Speaking Engagement

January 24 Salem Realtors

Fix-It Fair January 26 Portland


2019 Mid-Oregon Construction Safety Summit January 28 & 29 Bend

Contractors

Southern Oregon Home Show February 15, 16, 17 Medford Homeowners/ General public

Portland Spring Home and Garden Show February 21-24 Portland Homeowners/ General public Lane County Homebuilders Association Expo February 23-24 Springfield Homeowners/ General public Fix-It Fair February 23 Portland


Umpqua Valley Home Builder’s Association Home and Garden Show

March 1-3 Roseburg Homeowners/ General public

Portland Women’s Expo March 2 Portland General public Oregon Real Estate Inspectors Association Speaking Engagement

March 2 Salem Home Inspectors

Governor’s Occupational Safety and Health Conference (GOSH)

March 4-7 Portland Contractors/General public

Lane County Home and Garden Show March 7-10 Eugene Homeowners/ General public CCB Class March 7 Klamath Falls Contractors Home and Outdoor Expo March 8-10 Klamath Falls Homeowners/ General public CCB Class March 11 Grants Pass Contractors Mid-Valley Yard, Garden and Home Show March 15-17 Salem Homeowners/ General public CCB Class March 18 Salem Contractors Blum Real Estate Speaking Engagement March 19 Salem Realtors Medford Senior Fair March 19 Medford Seniors CCB Class March 20 Ontario Contractors

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Construction Combine March 20-21 Ontario Contractors Governor’s Marketplace March 21 Salem General public Becoming a Contractor Class March 23 Salem Contractors JoCo Home & Recreation Show April 5-7 Grants Pass Homeowners/ General public CCB Class April 4 Bend Contractors Bend spring festival April 5-7 Bend General public Sherwin Williams ProShow April 11 Portland Contractors Sherwin Williams ProShow April 15 Eugene Contractors Scam Jam April 16 Medford Seniors/General public CCB Class April 19 Corvallis Contractors Buildright Conference & 3 Hr CCB Class April 24-25 Portland Contractors Albany Spring Home and Garden Show April 26-28 Eugene


COBA Spring Home & Garden Show May 3 - 5 Bend Homeowners/ General public Oregon Association of Minority Entrepreneurs (OAME) May 9 Portland General public CCB Class May 16 Springfield Contractors CCB Class May 22 Wilsonville Contractors CCB Class June 3 Burns Contractors CCB Class June 4 Ontario Contractors CCB Class June 5 La Grande Contractors CCB Class June 6 Pendleton Contractors CCB Class June 7 The Dalles Contractors CCB Class June 19 Salem offices Contractors

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First QuarterSecond Quarter

Third QuarterFourth

Quarter2017 - 18

Fiscal YearFifth Quarter Sixth Quarter

Seventh Quarter

Eighth Quarter

2018 - 19 Fiscal Year

2017 - 19 Biennium

Jul 1, 2017 - Sep 30 2017

Oct 1, 2017 - Dec 31, 2017

Jan 1, 2018 - Mar 31, 2018

Apr 1, 2018 - Jun 30, 2018

Jul 1, 2017 - Jun 30, 2018

Jul 1, 2018 - Sep 30, 2018

Oct 1, 2018 - Dec 31, 2018

Jan 1, 2019 - Mar 31, 2019

Apr 1, 2019 - Jun 30, 2019

Jul 1, 2018 - Jun 30, 2019

Jul 1, 2017 - Jun 30, 2019

Complaints-Telephone or In Person 117 72 96 109 394 109 78 187 581

Complaints-Online 311 283 268 382 1,244 304 471 775 2,019

Complaints-Referrals 12 2 3 5 22 4 7 11 33

Jobsite Checks Conducted 1,894 1,783 1,726 2,224 7,627 2,105 1,781 3,886 11,513

Field Incident Reports Created 276 185 191 282 934 227 234 461 1,395

Knowing that unlicensed and illegal construction activity is bad for consumers and legitimate contractors, the CCB established the Field Investigation Section in 2007, to provide statewide coverage and immediate response to complaints of unlawful activity in the

construction industry. The staff includes 10 Investigators, each assigned to their own district in the state, where they are positioned to respond to complaints of illegal construction activity and conduct random checks of local construction sites. Sweeps are executed to

find those involved in unlawful construction activity. The Field Investigation Section also participates in joint investigations with other state, county, and city agencies, some of which lead to the filing of injunctions or criminal charges.

Construction Contractors Board Field Investigation Section

Quarterly Report for the 2017-2019 Biennium

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Construction Contractors Board

Compliance Section

6th Quarter - 2017-2019 Biennium

October 1, 2018 - December 31, 2018

First QuarterSecond

Quarter

Third

Quarter

Fourth

Quarter

2017 - 18

Fiscal YearFifth Quarter

Sixth

Quarter

Seventh

Quarter

Eighth

Quarter

2018 - 19

Fiscal Year

2017 - 19

Biennium

Jul 1, 201 -

Sep 30, 2017

Oct 1, 2017 -

Dec 31, 2017

Jan 1, 2018 -

Mar 31, 2018

Apr 1, 2018 -

Jun 30, 2018

Jul 1, 2017 -

Jun 30, 2018

Jul 1, 2018 -

Sep 30, 2018

Oct 1, 2018 -

Dec 31, 2018

Jan 1, 2019 -

Mar 31, 2019

Apr 1, 2019 -

Jun 30, 2019

Jul 1, 2018 -

Jun 30, 2019

Jul 1, 2017 -

Jun 30, 2019

Complaints 798 795 740 909 3242 618 979 0 0 1597 4839

Violations 517 570 576 682 2345 419 751 0 0 1170 3515

Civil Penalties 296 294 224 312 1126 239 302 0 0 541 1667

Files Opened 802 795 744 914 3255 619 982 0 0 1601 4856

Files Closed 782 785 811 868 3246 610 836 0 0 1446 4692

The Compliance section is charged with evaluating evidence to substantiate violations of ORS 701 and OAR 812. Violation tips and complaints come from the Field Investigation Section (FIS), Dispute Resolution Services (DRS), on-line tips, phone tips as well as from local jurisdictions. The Compliance staff verifies a violation and determines whether an administrative warning or civil penalty is warranted. When warranted Compliance staff has the ability to enter into settlement agreements on behalf of the agency which is usually for a first time offenses. Respondents have a choice of entering into a settlement agreement which is conditional or opting to have an administrative hearing where the Compliance staff would represent the agency as a lay representative.

Enforcement Quarterly Report - 6th Quarter 2017-2019

January 28, 201913 of 5513 of 5613 of 56

Construction Contractors Board

Dispute Resolution Services

6th Quarter - 2017-2019 Biennium

October 1, 2018 - December 31, 2018

First QuarterSecond

Quarter

Third

Quarter

Fourth

Quarter

2017 - 18 Fiscal

YearFifth Quarter Sixth Quarter

Seventh

QuarterEighth Quarter

2018 - 19 Fiscal

Year

2017 - 19

Biennium

Jul 1, 2017 -

Sep 30, 2017

Oct 1, 2017 -

Dec 31, 2017

Jan 1, 2018 -

Mar 31, 2018

Apr 1, 2018 -

Jun 30, 2018

Jul 1, 2017 - Jun

30, 2018

Jul 1, 2018 -

Sep 30, 2018

Oct 1, 2018 -

Dec 31, 2018

Jan 1, 2019 -

Mar 31, 2019

Apr 1, 2019 -

Jun 30, 2019

Jul 1, 2018 - Jun

30, 2019

Jul 1, 2017 - Jun

30, 2019

Complaints Filed 338 380 375 407 1500 380 422 0 0 802 2302

Complaints Closed 400 366 374 384 1524 397 393 0 0 790 2314

Mediations Held Where Both Parties

Participated189 206 201 232 828 219 218 0 0 437 1265

Mediations Attempted but One Party

Failed to Participate51 50 49 51 201 50 48 0 0 98 299

Settlements Reached at Mediation 128 135 129 141 533 132 151 0 0 283 816

Determination Amount $1,173,093 $854,080 $1,368,906 $1,222,379 $4,618,458 $745,987 $1,840,325 $0 $0 $2,586,312 $7,204,770

Determination Amounts Paid $494,251 $350,421 $376,797 $546,288 $1,767,757 $519,789 $599,753 $0 $0 $1,119,542 $2,887,299

Dispute Resolution Services provides a process designed to resolve construction disputes. It is available to persons or businesses alleging that contractors have breached a contract, performed improper work, or failed to pay for work performed or materials supplied. This service involves a mediation service to try to keep disputes out of the court system. If the dispute must be resolved by a court and the consumer who filed the complaint receives a court judgment but the contractor fails to pay the judgment, then the consumer has access to the contractor's bond for payment. Owners of construction companies are prevented from starting new construction businesses until all amounts awarded in the judgments are paid in full. When both parties participate in the mediation process, over 60-70% of those mediations result in a settlement agreement.

DRS Quarterly Report - 6th Quarter 2017-2019

January 28, 201914 of 5514 of 5614 of 56

Oregon Kate Brown, Governor

Construction Contractors Board www.oregon.gov/ccb

Mailing Address: PO Box 14140

Salem, OR 97309-5052 503-378-4621

FAX 503-373-2007

MEMORANDUM DATE: February 20, 2019 TO: Construction Contractors Board FR: Rem Nivens, Interim Administrator RE: Administrator Recruitment Process For the February 27th, 2019 meeting of the Construction Contractor’s Board (CCB) the board will be taking the next steps in the administrator recruitment process. The position has been advertised and the board received 40 applicants that meet the minimum qualifications. Four of those applicants also have veteran’s preference points. Based on direction from DCBS Human Resources, the board will need to provide a first-round interview to candidates with veteran’s preference points, along with the other candidates chosen from the initial pool of 40. Because that will likely lead to 10-12 candidates being selected, we are recommending that first-round interviews be by video, like the last recruitment. We will use the video questions from last time and this will allow us to complete the first-round quickly. The next step will be to have the board appoint a hiring subcommittee at this board meeting. Per public meeting law, the board can appoint no more than three board members to the subcommittee. Laurie Hall and I would continue to staff this group, and the subcommittee can ask others outside of the board to participate as well. The hiring subcommittee would then review the video interviews, rank them and choose the candidates for in-person interviews. Once the subcommittee has completed the in-person interviews, then the same subcommittee will chose the finalists who will be considered by the entire board. I would suggest that finalists also have the opportunity to have a meet and greet session with staff and stakeholders before a final person is chosen. There will be an updated timeline provided at the board meeting that will reflect the additional time for the video interview process. Thank you and let me know if you have questions.

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http://www.oregon.gov/ccb

2/14/2019CONSTRUCTION CONTRACTORS BOARD

ENFORCEMENT CONSENT AGENDA

11/20/2018 - 02/12/2019

NOTICES OF INTENT

File # Respondent Date Amount

1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite

120213 12/12/2018 3,000.00SAINT HILAIRE, PAUL VINCENT 701.021(1)

120690 11/30/2018 5,000.00BATCH, TYLER WESLEY 701.021(1)

120700 11/30/2018 1,000.00NESTLE, DANIEL JONATHAN 701.021(1)

120753 12/06/2018 1,000.00KINSELLA, DAVID BRIAN 701.021(1)

120793 01/07/2019 700.00HANEL, GEORGE FREDERIC 701.021(1)

120872 12/12/2018 1,000.00HAIMA, DOUGLAS CARL 701.021(1)

120880 12/31/2018 1,000.00DAVIS, JAMES ROBERT 701.021(1)

120915 12/12/2018 700.00HANEL, GEORGE FREDERICK 701.021(1)

120926 01/16/2019 600.00MATSUBARA, BRIAN SHINICHI 701.021(1)

120933 11/20/2018 1,000.00NW LANDMARK LLC 701.021(1)

120947 11/22/2018 700.00KRAMER, IAN A 701.021(1)

120963 01/01/2019 700.00MIDTUN, MICHAEL LAWRENCE 701.021(1)

120967 11/21/2018 700.00SEARLS JR, JAY DUANE 701.021(1)

120984 11/20/2018 5,000.00IANTORNO, MICHAEL ANTHONY 701.021(1)

121014 11/22/2018 5,000.00MCCARTY, JOSHUA S 701.021(1)

121026 11/22/2018 1,000.00FEENYX CONSTRUCTION LLC 701.021(1)

121031 11/22/2018 5,000.00BUCKINGHAM, LARRY GENE CHIP 701.021(1)

121033 12/20/2018 700.00ELMER, CRAIG WILLIAM 701.021(1)

121040 12/06/2018 700.00KRAMER, IAN A 701.021(1)

121041 11/27/2018 5,000.00GRAHAM, REX ALLAN 701.021(1)

121049 12/10/2018 600.00ROSS, ZEBADIAH NATHANIEL 701.021(1)

121063 12/28/2018 700.00LANE, CHRISTOPHER LEE 701.021(1)

121070 11/28/2018 1,000.00SWEENY, CHRISTOPHER JAMES 701.021(1)

121071 11/28/2018 700.00KISER, JARED WILLIAM 701.021(1)

121083 12/05/2018 600.00JOHN, MICHAEL PATRICK 701.021(1)

121089 11/28/2018 600.00ELLISON, JAYCEN JAY 701.021(1)

121091 12/28/2018 700.00RUDISHAUSER, AARON T 701.021(1)

121095 12/06/2018 1,000.00ELDER, DANIEL EDWIN 701.021(1)

121100 12/05/2018 1,000.00SUTHERLAND, TALISA LEANNE 701.021(1)

121101 12/05/2018 1,000.00MCBYRD, JOSHUA JAMES 701.021(1)

121153 12/04/2018 700.00SCRIVNER, STEVEN ARTHUR 701.021(1)

121163 12/04/2018 600.00TOPVIEW PAINTING LLC 701.021(1)

121166 12/06/2018 1,000.00PADILLA, RUBEN D 701.021(1)

121171 12/11/2018 5,000.00SCRUGGS JR., JAMES C 701.021(1)

121173 12/05/2018 1,000.00ANGELES, ALEJANDRO G 701.021(1)

121183 12/07/2018 5,000.00MORRIS JR, ROBERT DALE 701.021(1)

121184 12/05/2018 5,000.00HILLTOP CONTRACTORS LLC 701.021(1)

121186 12/07/2018 1,000.00AISEA, MELEANA OFAKIMULI 701.021(1)

121193 12/07/2018 1,000.00SERVICECOM USA INC. 701.021(1)

121204 12/12/2018 8,400.00LANE, CHRISTOPHER LEE 701.021(1)

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11/20/2018 - 02/12/2019

NOTICES OF INTENT (cont.)


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

Cite

121222 12/12/2018 1,000.00THILL, DONALD MARTIN 701.021(1)

121224 12/11/2018 5,000.00MCCARTY, JOSHUA S 701.021(1)

121229 12/11/2018 700.00SCRUGGS CO FAB LLC 701.021(1)

121232 12/13/2018 600.00OLLOA, FERNIE C 701.021(1)

121239 12/13/2018 5,000.00MEDFORD, AUSTIN LEWIS 701.021(1)

121240 12/14/2018 700.00MERRIWEATHER, SCOTT RANDALL 701.021(1)


121248 12/14/2018 600.00COLBURN, CIENA HELENE 701.021(1)

121258 12/14/2018 1,000.00CALVILLO, LUIS A MORA 701.021(1)

121259 12/14/2018 1,000.00REYES, SIMON GUTIERREZ 701.021(1)

121260 12/14/2018 1,000.00REYES, JUAN SEBASTIAN VERA 701.021(1)

121279 12/20/2018 1,000.00CARMODY, LEELAND EARL 701.021(1)

121281 12/20/2018 1,000.00JUNE, ROBERT EDWARD 701.021(1)


121307 01/07/2019 5,000.00OSORIO, ROGELIO 701.021(1)

121308 12/19/2018 5,000.00ELDER, DANIEL EDWIN 701.021(1)

121309 12/21/2018 1,000.00PALMGREN, TAYLOR BEDFORD 701.021(1)

121322 12/19/2018 700.00URBANCOLOR LLC 701.021(1)

121323 12/21/2018 1,000.00BARRAZA, HICIDORO GUSTAVO 701.021(1)

121326 12/21/2018 5,000.00NLM CONSTRUCTION LLC 701.021(1)

121328 01/15/2019 5,000.00HAUBEN, JONATHAN WILLIAM 701.021(1)

121329 12/20/2018 600.00TW CROWDER ELECTRIC CO INC 701.021(1)

121336 12/31/2018 5,000.00DOMENO, ALEJANDRO FRANCISCO 701.021(1)

121338 12/20/2018 600.00ADKISSON, SAMUEL PETER 701.021(1)

121340 12/21/2018 1,000.00ANTUNEZ, EDGAR FACIO 701.021(1)

121360 12/21/2018 5,000.00WILSON, MICHAEL JOHN 701.021(1)

121371 12/31/2018 600.00ALWAYS BETTER SERVICES LLC 701.021(1)

121377 01/15/2019 5,000.00PAZ ORNELAS, ANTONIO 701.021(1)

121378 12/28/2018 1,000.00HUBBARD, SEAN CURTIS 701.021(1)

121380 12/27/2018 1,000.00KISER, MARK ALLEN 701.021(1)

121385 12/27/2018 600.00TSUZUKI, SHINICHI 701.021(1)

121388 12/27/2018 1,000.00DEPAUW, MICHAEL DAVID 701.021(1)

121389 12/31/2018 1,000.00BROADWAY, MICHAEL SCOTT 701.021(1)

121395 01/04/2019 5,000.00J MIKAN STEEL CONSTRUCTION LLC 701.021(1)

121405 01/01/2019 600.00RELIABLE HANDY SERVICES LLC 701.021(1)

121415 01/01/2019 600.00CLAYTON, CHRISTOPHER 701.021(1)

121426 01/01/2019 1,000.00HERNANDEZ, JERONIMO MENDOZA 701.021(1)

121432 01/01/2019 5,000.00THREE BAR CONSTRUCTION INC 701.021(1)

121433 01/01/2019 1,000.00ROGUE VALLEY MASONRY CONSTRUCTION INC 701.021(1)

121442 01/04/2019 5,000.00GROSHONG, SAMUEL J 701.021(1)

16 of 5517 of 5617 of 56



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Cite

121443 01/04/2019 1,000.00ORELLANA, MARCO TULIO CORDERO 701.021(1)

121457 01/07/2019 600.00BARNES, BRUCE MICHAEL 701.021(1)

121458 01/07/2019 1,000.00ISLAS, LUIS ALBERTO 701.021(1)

121459 01/08/2019 1,000.00JOSE, MATIAS MATIAS 701.021(1)

121460 01/08/2019 600.00D N K EXTERIORS LLP 701.021(1)

121465 01/17/2019 1,000.00CANBY RESIDENTIAL CONSTRUCTION LLC 701.021(1)

121466 01/10/2019 600.00OLSON, BRENTON BRADLEE 701.021(1)

121469 01/09/2019 1,000.00PACIFIC RIM ROOFING LLC 701.021(1)

121472 01/17/2019 1,000.00COBRA NORTHWEST ENTERPRISES LLC 701.021(1)

121474 01/18/2019 600.00THRIVE HOME SERVICES LLC 701.021(1)

121479 01/11/2019 5,000.00ALLISON, ELDON L 701.021(1)

121480 01/10/2019 1,000.00ALATAU ENTERPRISES INC 701.021(1)

121503 01/18/2019 5,000.00REGIMBAL, BRETT TODD 701.021(1)

121509 02/07/2019 5,000.00MARTIN, STANLEY DALE 701.021(1)

121510 01/11/2019 600.00S & Z CUSTOM CONCRETE LLC 701.021(1)

121520 01/16/2019 1,000.00RODEO ROOFING LLC 701.021(1)

121522 01/11/2019 1,000.00T QUAD LLC 701.021(1)

121523 01/17/2019 5,000.00MENA, JAVIER S 701.021(1)

121527 01/17/2019 5,000.00BELLENBAUM, WILLIAM JAMES 701.021(1)

121531 01/23/2019 600.00TRIGG, DAVID P 701.021(1)

121532 01/14/2019 5,000.00KELLY, DUSTIN WILLIAM 701.021(1)

121534 01/15/2019 600.00HOLTZCLAW, DARREN WILLIAM 701.021(1)

121544 01/15/2019 1,000.00W J FRAZIER CONST LLC 701.021(1)

121547 01/16/2019 5,000.00KIRKPATRICK FAMILY PROPERTY SERVICES LLC 701.021(1)

121551 01/17/2019 5,000.00VANDIVER, ANTHONY JOSEPH 701.021(1)

121559 01/16/2019 600.00GIBSON, ROBERT JAY 701.021(1)

121563 01/18/2019 600.00DOW, KEITH IAN 701.021(1)

121566 01/23/2019 600.00BADANIN, YURY L 701.021(1)

121574 01/17/2019 700.00BIANCHE, JOSEPH GEORGE 701.021(1)


121578 01/17/2019 5,000.00MILLER, SONNY ROBERT 701.021(1)

121586 01/18/2019 600.00LAMICA, DAVID PHILIP 701.021(1)

121588 01/17/2019 1,000.00SCHRACK, KEVIN JAMES 701.021(1)

121614 01/23/2019 700.00URBANCOLOR LLC 701.021(1)

121623 02/12/2019 1,000.00CREECH, RONALD LEWIS 701.021(1)

121629 01/23/2019 1,000.00C & L INNOVATIONS LLC 701.021(1)

121632 01/25/2019 600.00BERNARD, JENNIFER LEE 701.021(1)

121634 01/24/2019 700.00WILSON, DUSTIN D 701.021(1)

121640 01/24/2019 600.00JEFFREY, RICK W 701.021(1)

121662 01/25/2019 600.00PIERSON, DAVID W 701.021(1)

17 of 5518 of 5618 of 56



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Cite

121668 01/25/2019 5,000.00BEHRENT, STEVEN ANTONIO 701.021(1)

121670 01/25/2019 700.00MT HOOD SEPTIC LLC 701.021(1)

121672 01/25/2019 600.00GLADSTONE, MATT WILSON 701.021(1)

121677 01/25/2019 5,000.00OLEARY, SEAN RHEA 701.021(1)

121683 01/31/2019 700.00TIDWELL, CHARLES EDWARD 701.021(1)

121705 01/28/2019 5,000.00DEXTER, GREG D 701.021(1)

121706 01/31/2019 1,000.00COMPLETE FACILITIES SOLUTIONS LLC 701.021(1)

121714 01/28/2019 1,000.00HINZMAN, JEFFREY DANA 701.021(1)

121724 01/29/2019 600.00HELTZEL, JONATHAN DONALD 701.021(1)

121725 02/12/2019 600.00TRAMMELL, JAMES DANIEL 701.021(1)

121727 01/31/2019 5,000.00HEIDE, DWAYNE ROBERT 701.021(1)

121736 01/31/2019 600.00DOUBLE HAUL GENERAL CONTRACTING LLC 701.021(1)

121748 01/31/2019 600.00MORTON, GLEN L 701.021(1)

121766 02/01/2019 1,000.00DOLARES, NOE ANTELMO CARRASCO 701.021(1)

121769 02/04/2019 600.00HARPST, CODY RYAN 701.021(1)

121773 02/12/2019 5,000.00SANCHEZ, MIGUEL 701.021(1)

121776 02/06/2019 1,000.00CREATIVE DESIGN & ENGINEERING LLC 701.021(1)

121788 02/06/2019 1,000.00CREATIVE DESIGN & ENGINEERING LLC 701.021(1)

121790 01/30/2019 1,000.00ROBINSON, MICHAEL JOHN 701.021(1)

121801 02/06/2019 5,000.00SMART, LESLEY MELBERT 701.021(1)

121819 02/12/2019 5,000.00ADAMS, HENRY C 701.021(1)

121821 02/06/2019 600.00SCHWARZENBERGER, RICK I 701.021(1)

121828 02/12/2019 5,000.00MANITSAS, JOHN LUKE 701.021(1)

121833 02/12/2019 600.00BARRERA III, JUAN RAYMOND 701.021(1)

121834 02/07/2019 600.00BOURGAULT, TIMOTHY A 701.021(1)

121835 02/07/2019 1,000.00ARMANDO CALDERON VAZQUEZ & JOSE ANGEL

CALDERON

701.021(1)

121857 02/12/2019 600.00TERRAPIN STEEL BUILDINGS LLC 701.021(1)

121858 02/12/2019 1,000.00T & G QUALITY BUILDERS LLC 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite

120959 11/20/2018 1,000.00VITO ROOFING LLC 701.035(3)

120988 11/21/2018 1,000.00ABSOLUTE ROOFING AND MAINTENANCE LLC 701.035(3)

121006 11/21/2018 1,000.00K T WHITING CONSTRUCTION LLC 701.035(3)

121099 11/30/2018 1,000.00OLSON, DAVID LAINE 701.035(3)

121172 12/06/2018 1,000.00ODAM BROS CONSTRUCTION LLC 701.035(3)

121228 12/12/2018 1,000.00PRECISE CONSTRUCTION NW LLC 701.035(3)

121241 12/13/2018 1,000.00EDGE CONSTRUCTION LLC 701.035(3)

121251 12/14/2018 1,000.00SALAR ELECTRIC LLC 701.035(3)

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2 - EXEMPT CONTRACTOR WITH EMPLOYEES (cont.)

Cite

121252 12/13/2018 1,000.00A C E D LLC 701.035(3)

121256 12/14/2018 1,000.00MGR PLUMBING LLC 701.035(3)

121264 12/14/2018 1,000.00MARC & GILBERT CONSTRUCTION LLC 701.035(3)

121283 12/20/2018 1,000.00HARTZER, JEFFRY W 701.035(3)

121286 12/20/2018 1,000.00PG HOME SERVICES LLC 701.035(3)

121357 12/20/2018 1,000.00HUNTER, TROY DEVON 701.035(3)

121370 12/27/2018 1,000.00ALEXANDER JORDAN HACKE & ZANE ALLEN WOOD 701.035(3)

121392 12/27/2018 1,000.00THACHER, BRADLEY LOUIS 701.035(3)

121399 12/27/2018 1,000.00DAVID L WOLF INC 701.035(3)

121439 01/03/2019 1,000.00SMITH, STEVEN RALEIGH 701.035(3)

121471 01/10/2019 1,000.00BUY COASTAL HOMES LLC 701.035(3)

121528 01/18/2019 1,000.00GOBER, JEDIDIAH JAMES 701.035(3)

121583 01/25/2019 1,000.00JDS HOME REPAIR LLC 701.035(3)

121601 01/18/2019 1,000.00PERRYS CONSTRUCTION & CABINETS LLC 701.035(3)

121627 01/23/2019 1,000.00MAUER CONSTRUCTION AND DEVELOPMENT LLC 701.035(3)

121664 01/24/2019 1,000.00COTE, ROBERT JOHN 701.035(3)

121694 01/28/2019 1,000.00YARD PERFECTIONS LLC 701.035(3)

121697 01/31/2019 1,000.00WEST TECH ELECTRIC LLC 701.035(3)

121703 01/31/2019 1,000.00TOLENTO CEJA, FRANCISCO 701.035(3)

121726 01/31/2019 1,000.00DONLEY, JERRY HOWARD 701.035(3)

121745 01/30/2019 1,000.00MGA CONSTRUCTION LLC 701.035(3)

121777 02/01/2019 1,000.00PRESTON, JAMES MARK 701.035(3)

121781 02/01/2019 1,000.00PHARR, WILLIAM ROY 701.035(3)

121793 02/12/2019 1,000.00CAPITOL MAINTENANCE LLC 701.035(3)


3 - LEAD BASED PAINT

Cite

120989 11/20/2018 1,000.00MCCORMICK & SON CONSTRUCTION LLC 701.510(3)

121042 11/27/2018 1,000.00DO, MICHAEL EUGENE 701.510(2)

121102 11/29/2018 1,000.00STANLEE CONSTRUCTION LLC 701.510(2)

121109 12/05/2018 1,000.00ROGERS, SAFFA MOIGBOI 701.510(2)

121110 11/30/2018 1,000.00J OLSON CONSTRUCTION LLC 701.510(2)


121142 12/07/2018 1,000.00ROBERT L SCHROEDER CONSTRUCTION INC 701.510(3)

121143 12/07/2018 1,000.00DAVID HONEMAN CONSTRUCTION LLC 701.510(2)

121147 12/04/2018 1,000.00ROBBINS, RUSSELL LEE 701.510(2)

121170 12/06/2018 1,000.00MORRISON REMODELING INC 701.510(3)

121191 12/07/2018 1,000.00TWO BROTHERS PAINTING LLC 701.510(3)

121262 12/20/2018 1,000.00MCNABB ENTERPRISES LLC 701.510(2)

121296 12/20/2018 1,000.00SUMMER LAKE CONSTRUCTION LLC 701.510(2)

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3 - LEAD BASED PAINT (cont.)

Cite

121302 12/21/2018 1,000.00SAYLOR, DENNIS HARVIE 701.510(2)

121313 12/20/2018 1,000.00RJ POSTON LLC 701.510(2)

121317 12/31/2018 1,000.00BLAINE NOLAND CONSTRUCTION INC 701.510(3)


121327 12/21/2018 1,000.00WHITMAN CONSTRUCTION & DESIGN LLC 701.510(3)

121333 12/21/2018 1,000.00GABE BALES CONSTRUCTION LLC 701.510(2)

121335 12/20/2018 1,000.00TINY DECISIONS LLC 701.510(2)

121353 12/25/2018 1,000.00A & S CONSTRUCTION CORPORATION 701.510(2)

121390 12/27/2018 1,000.00MARTIN ENTERPRISES LLC 701.510(3)

121393 12/31/2018 1,000.00RAVEN SERVICES GROUP LLC 701.510(2)

121414 01/01/2019 1,000.00BLUESEA PAINTING LLC 701.510(2)

121422 12/31/2018 1,000.00FLAMINGO CONSTRUCTION LLC 701.510(2)

121481 01/11/2019 1,000.00RENTSCH, BRIAN 701.510(2)

121492 01/18/2019 1,000.00JERRY JENSEN CONSTRUCTION LLC 701.510(2)

121494 01/10/2019 1,000.00JOSHUA D RAY CONSTRUCTION LLC 701.510(3)

121505 01/11/2019 1,000.00ABOVE & BEYOND HOME IMPROVEMENTS LLC 701.510(2)

121535 01/16/2019 1,000.00JRA GREEN BUILDING INC 701.510(2)

121550 01/15/2019 1,000.00APEX DEVELOPING & CONSTRUCTION LLC 701.510(2)

121579 01/16/2019 5,000.00WESTERN AMERICAN GLASS ENTERPRISES INC 701.510(3)


121602 01/18/2019 1,000.00PERRYS CONSTRUCTION & CABINETS LLC 701.510(1)

121610 01/21/2019 1,000.00WARNEKING, JOEL FREDERICK 701.510(2)

121617 01/25/2019 1,000.00HOWLING WOLF CONSTRUCTION LLC 701.510(2)

121695 01/28/2019 3,000.00JOLING ENTERPRISES LLC 701.510(2)

121696 01/28/2019 1,000.00ECONTRACTING LLC 701.510(2)

121704 01/29/2019 1,000.00VA 2 CONSTRUCTION LLC 701.510(2)

121744 01/31/2019 1,000.00PEAK CLEANING & PAINTING LLC 701.510(3)

121750 02/01/2019 1,000.00WHY WAIT CONSTRUCTION LLC 701.510(2)

121752 01/31/2019 1,000.00FLAT FEE CONSTRUCTION SERVICES LLC 701.510(2)

121780 02/01/2019 1,000.00CAGLE CONSTRUCTION AND REPAIR LLC 701.510(2)

121872 02/12/2019 1,000.00WESTERN APEX LLC 701.510(2)


4 - IMPROPER LICENSE ENDORSEMENT

Cite

121811 02/12/2019 1,000.00KETELSEN CONSTRUCTION CO 701.021(4)


5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite

120788 12/11/2018 1,000.00CANDEN DEVELOPMENT LLC 701.026(1)

121032 11/22/2018 1,000.00SILVER RIDGE HOMES INC 701.026(1)

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5 - HIRING AN UNLICENSED SUBCONTRACTOR (cont.)

Cite

121174 12/05/2018 1,000.00STENERSEN & STENERSEN CONSTRUCTION INC 701.026(1)

121179 12/11/2018 1,000.00BLAZER HOMES LLC 701.026(2)

121254 12/14/2018 1,000.00CONFEDERATED BUILDERS INC 701.026(1)

121278 12/20/2018 1,000.00ELEMENTS CONTRACTING LLC 701.026(1)

121324 12/21/2018 1,000.00GILLESPIE HOMES INC 701.026(1)

121387 12/27/2018 1,000.00HOM SOLUTIONS OF DURANGO LLC 701.026(1)

121394 01/04/2019 1,000.00WING RIDGE CONSTRUCTION LLC 701.026(1)

121470 01/09/2019 1,000.00HAYDEN HOMES LLC 701.026(1)

121576 01/18/2019 1,000.00THE SPANOS CORPORATION 701.026(1)

121656 01/24/2019 1,000.00B DAVIS INC 701.026(1)

121713 01/28/2019 1,000.00JKC LLC 701.026(1)

121789 01/30/2019 1,000.00COOK, DAVID LYLE 701.026(1)

121832 02/07/2019 1,000.00GO PLUMBING & HEATING LLC 701.026(1)


6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite

120996 11/20/2018 200.00UNIVERSAL CONSTRUCTION LLC 087.093(2)



121105 11/29/2018 200.00STANLEE CONSTRUCTION LLC 087.093(2)



121120 11/30/2018 200.00OLSON, DAVID LAINE 087.093(2)

121236 12/12/2018 200.00RAINY DAY CONSTRUCTION LLC 087.093(2)



121245 12/13/2018 600.00SERENITY CONSTRUCTION LLC 087.093(2)

121249 12/13/2018 1,000.00SERENITY CONSTRUCTION LLC 701.330(4)





121423 12/31/2018 200.00FLAMINGO CONSTRUCTION LLC 087.093(2)



121590 01/17/2019 200.00PERRYS CONSTRUCTION & CABINETS LLC 087.093(2)



121616 01/31/2019 200.00STRAIGHT ARROW CONSTRUCTION LLC 087.093(2)

121691 01/25/2019 200.00ROGERS, SAFFA MOIGBOI 087.093(2)

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

Cite



121707 02/01/2019 200.00DAVID HONEMAN CONSTRUCTION LLC 087.093(2)





121772 02/01/2019 200.00CAMPBELL, BETHANY ERIN 087.093(2)

121851 02/12/2019 200.00FOREFRONT CONTRACTING AND REMODELING

COMPANY

087.093(2)


COMPANY

701.330(4)


COMPANY

701.330(4)


7 - SUSPENSIONS

Cite

121016 11/21/2018 1,000.00A & E BUILDERS LLC 701.098(1)(b)

121064 12/03/2018HIGH DESERT CUSTOM HOME FRAMING INC 701.102(2)(c)

121111 12/06/2018 1,000.00CHAMPION WINDOW COMPANY OF BOISE LLC A LIMITED

LIABILITY COMPANY OF DELAWARE

701.098(1)(b)

121149 12/03/2018 0.00BLG PLUMBING LLC 701.106(1)(k)

121151 12/03/2018 0.00D & D FLOORING LLC 701.106(1)(k)

121154 12/03/2018 0.00SWEARINGEN, JAMES MICHAEL 701.106(1)(k)

121165 12/06/2018 1,000.00LIGHTSPEED NETWORKS INC 701.098(1)(b)

121208 12/10/2018 0.00OREGON REMODEL LLC 701.102(2)(a)

121210 12/10/2018 0.00ROLLING STONE TILE LLC 701.098(1)(b)

121211 12/10/2018 0.00LIVE WIRE CONSTRUCTION INC 701.102(2)(a)

121212 12/10/2018 0.00STEWART, JOSHUA DAVID 701.102(2)(a)

121215 12/10/2018 0.00NORTH COAST CONSTRUCTION AND SERVICES LLC 701.102(2)(a)

121217 12/10/2018 0.00TIN HUYNH HOME INSPECTIONS LLC 701.098(1)(b)

121261 12/14/2018 1,000.00POOKIES HANDYMAN CONTRACTOR LLC 701.098(1)(b)

121282 12/17/2018 0.00FINISH CARPENTRY LLC 701.098(1)(b)

121285 12/17/2018 0.00ARTISAN HOMES & REALTY LLC 701.515(1)(d)

121287 12/17/2018 0.00ABF PAINTING LLC 701.515(1)(d)

121290 12/17/2018 0.00LANGFIELDS DRYWALL & PAINTING INC 701.515(1)(d)

121291 12/17/2018 0.00KIM, BIN NA 701.515(1)(d)

121292 12/17/2018 0.00SKRIVER, TRAVIS MARTIN 701.515(1)(d)

121314 12/18/2018 1,000.00CORRPRO COMPANIES INC 701.098(1)(b)

121315 12/20/2018 1,000.00PLY GEM PACIFIC WINDOWS CORPORATION 701.091(1)

121320 12/18/2018 0.00PNW PAINTING LLC 701.102(2)(a)

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7 - SUSPENSIONS (cont.)

Cite

121341 12/20/2018 0.00BIDWELL, ROGER W 701.068(8)

121372 12/24/2018 0.00WISHBONE GROUP LLC 701.102(2)(a)

121373 12/24/2018 0.00DAYTIME CONSTRUCTION LLC 701.102(2)(a)

121374 12/24/2018 0.00DAN THE HANDYMAN LLC 701.102(2)(a)

121376 12/24/2018 0.00KRUEGERS GENERAL CONSTRUCTION COMPANY LLC 701.102(2)(a)

121379 12/24/2018 0.00INTERSTATE FENCE COMPANY 701.102(2)(a)

121382 01/09/2019 0.00BROWN, MICHAEL DOUGLAS 701.068(8)

121400 12/25/2018 0.00IDEAL PROPERTY ALTERATIONS LLC 701.102(2)(a)

121401 12/25/2018 0.00SANTIAM DRYWALL LLC 701.102(2)(a)

121402 12/25/2018 0.00TW CONSTRUCTION NW LLC 701.102(2)(a)

121449 01/04/2019 0.00RED WING CONSTRUCTION LLC 701.098(1)(b)

121486 01/10/2019 0.00JACKSTONE INC 701.068(8)

121506 01/10/2019 0.00T & G QUALITY BUILDERS LLC 701.102(2)(a)

121508 01/10/2019 0.00MAJESTIC MCMATTEN CORP 701.098(1)(b)

121516 01/14/2019 0.00DAVIDSON, LYLE 701.102(2)(a)

121603 01/18/2019 0.00OPTIONS FOR LIFE LLC 701.098(1)(b)

121604 01/18/2019 0.00ABACUS ENERGY SOLUTIONS LLC 701.119(2)

121605 01/18/2019 0.00REZOLUTE KONCRETE LLC 701.098(1)(b)

121607 01/18/2019 0.00SANTANA PAINTING CORPORATION 701.098(1)(b)

121609 01/18/2019 0.00BULL MOUNTAIN CONSTRUCTION LLC 701.102(2)(a)

121626 01/23/2019 1,000.00HAGE ELECTRIC & CONSTRUCTION SERVICES INC 701.098(1)(b)

121628 01/21/2019 0.00CASCADE BUILDING CONCEPTS INC 701.102(2)(a)

121716 01/28/2019 0.00JOSHUA LEGACY PAINTING & RESTORATION LLC 701.098(1)(b)

121717 01/28/2019 0.00NW HOME EXTERIORS LLC 701.098(1)(b)

121718 01/28/2019 0.00CLOVERDALE PLUMBING COMPANY 701.098(1)(b)

121719 01/28/2019 0.00COOPER, MILES WILLIAM 701.102(2)(a)

121720 01/28/2019 0.00THE FINAL LOOK LLC 701.102(2)(a)

121723 01/28/2019TOP GUN ELECTRIC AND CONSTRUCTION LLC 701.102(2)(c)

121734 01/29/2019 0.00EVEN GRADE CONSTRUCTION LLC 701.068(8)

121741 01/30/2019 1,000.00US AIR DUCTS AND SKY BUILDERS INC 701.098(1)(b)

121775 02/01/2019 0.00NWCE INC 701.098(1)(b)

121778 02/01/2019 0.00P & L JOHNSON MECHANICAL INC 701.119(2)

121782 02/01/2019 0.00POWELL ROOFING LLC 701.098(1)(b)

121783 02/01/2019 0.00ROBLES PAINTING LLC 701.098(1)(b)

121784 02/01/2019 0.00LIBERTY CONCRETE INC 701.098(1)(b)

121785 02/01/2019 0.00CASCADE STRUCTURES LLC 701.098(1)(b)

121799 02/12/2019 0.00PAIR A DICE CONTRACTING LLC 701.098(1)(b)

121836 02/07/2019 0.00QUALITY HOMES CONSTRUCTIONS INC 701.098(1)(b)

121837 02/07/2019 0.00KAIROS PAINTING & REMODELING LLC 701.098(1)(b)

121839 02/07/2019 0.00CHERRY CREEK SERVICES LLC 701.102(2)(a)

23 of 5524 of 5624 of 56



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Cite

121840 02/07/2019 0.00DIVISION PAINTING LLC 701.102(2)(a)

121841 02/07/2019 0.00ATKINSON JR, JEFFREY THOMAS 701.102(2)(a)

121842 02/07/2019 0.00PACIFIC COAST REMODELING LLC 701.102(2)(a)

121845 02/08/2019 0.00MICKELSON CONCRETE LLC 701.102(2)(c)

121856 02/12/2019 0.00RENEW CONSTRUCTION SVC INC 701.068(8)

121860 02/12/2019 1,000.00TOPLINE PLUMBING AND CONSTRUCTION LLC 701.098(1)(b)


8 - OTHER

Cite

120881 12/18/2018 1,000.00NGUYEN, DONG THANH 701.106(1)(j)

120987 12/12/2018 5,000.00AAA HOME INSPECTION LLC 701.355

121061 11/28/2018 400.00FITZPATRICK PAINTING INCORPORATED 701.098(1)(b)

121074 11/28/2018 0.00EPC SERVICES COMPANY 701.098(1)(f)

121075 11/28/2018 0.00ROYAL CROWN BUILDERS INC 701.098(1)(f)

121076 11/28/2018 0.00SME INDUSTRIES INC 701.098(1)(f)

121077 11/28/2018 0.00BODKIN, EVERETT VON 701.098(1)(f)

121082 11/28/2018 200.003 A CONSTRUCTION LLC 701.305(2)

121086 11/28/2018 50.00OWENS, CHRISTOPHER KEITH 701.098(1)(b)

121097 11/29/2018 200.00LKN CONSTRUCTION & REMODELING INC 701.305(2)

121104 11/29/2018 1,000.00STANLEE CONSTRUCTION LLC 701.098(1)(g)

121132 12/05/2018 1,000.00CALDERON CONCRETE LLC 701.106(1)(j)

121135 12/07/2018 50.00G3 ELECTRIC LLC 701.098(1)(b)

121148 12/04/2018 1,000.00VICS ROOFING LLC 701.106(1)(j)

121167 12/05/2018 100.00KASKI INC 701.098(1)(b)

121185 12/12/2018 1,000.00AISEA, SIONE MATAKIVAHA 701.098(1)(c)

121188 12/07/2018 100.00KAMANSKI CONSTRUCTION INC 701.098(1)(b)

121194 12/07/2018 100.00SIMPLICITY INC 701.098(1)(b)


121218 12/12/2018 50.00JOHNSON, ANDRES CHRISTIAN 701.098(1)(b)

121246 12/25/2018 200.00ART C STEPHANIE CONSTRUCTION LLC 701.305(1)

121265 12/14/2018 0.00CXT INC 701.098(1)(f)

121266 12/14/2018 0.00DEGRANGE CONSTRUCTION LLC 701.098(1)(f)

121267 12/14/2018 0.00DON BRYANT PAINTING INC 701.098(1)(f)

121268 12/14/2018 0.00EVOLVE GREENHOUSE CONSTRUCTION LLC 701.098(1)(f)

121269 12/14/2018 0.00FIBER NETWORK SOLUTIONS INC 701.098(1)(f)

121270 12/20/2018 100.00PETERSON N CONSTRUCTION LLC 701.098(1)(b)

121271 12/14/2018 0.00OKLAND CONSTRUCTION COMPANY INC 701.098(1)(f)

121272 12/14/2018 0.00SPRINGHILL LLC 701.098(1)(f)

121273 12/14/2018 0.00COLEMAN INDUSTRIAL CONSTRUCTION INC 701.098(1)(f)

121289 12/20/2018 50.00JAMESON, STEPHEN SHAWN 701.098(1)(b)

24 of 5525 of 5625 of 56



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8 - OTHER (cont.)

Cite

121304 12/21/2018 500.00SAYLOR, DENNIS HARVIE 701.305(1)

121306 12/31/2018 1,000.00FLAMINGO CONSTRUCTION LLC 701.098(1)(g)

121310 12/21/2018 1,000.00VROOM, CORY ALAN 701.098(1)(h)

121311 12/21/2018 1,000.00BECKLEY, BRANDON JAMES 701.098(1)(h)

121312 12/21/2018 1,000.00ADAMS, DYLAN JONATHON 701.098(1)(h)

121332 12/20/2018 1,000.00REZ COMM PAINTING LLC 701.106(1)(j)

121346 12/20/2018 500.00SUMMER LAKE CONSTRUCTION LLC 701.305(1)

121351 12/20/2018 0.00LINDE LLC A DELAWARE LIMITED LIABILITY COMPANY 701.098(1)(f)

121356 12/21/2018 100.00MASTERMIND DEVELOPMENTS LLC 701.098(1)(b)



121410 01/01/2019 1,000.00SCHWARTZ, DAVID BENNETT 701.305(2)

121428 01/01/2019 1,000.00ALL ASPECT POLE STRUCTURES LLC 701.098(1)(l)

121430 01/01/2019 1,000.00TRIPLE G CONSTRUCTION LLC 701.106(1)(n)

121431 01/01/2019 1,000.00WM CONSTRUCTION LLC 701.106(1)(j)

121448 01/08/2019 200.00KENNEDY, JOSEPH TYLER 701.305(2)

121450 01/04/2019 500.00SERVICE EXPRESS GROUP OREGON INC 701.098(1)(b)

121463 01/08/2019 1,000.00AMANDA DIANE VERES & JOSE ANGEL CALDERON &

ARMANDO CALDERON VAZQUEZ

701.106(1)(j)

121464 01/10/2019 100.00SG CONCRETE CONSTRUCTION COMPANY 701.098(1)(b)

121517 01/18/2019 100.00PETES CONCRETE COUNTERTOPS LLC 701.098(1)(b)

121540 01/18/2019 50.00THOMAS, DONALD E 701.098(1)(b)

121558 01/18/2019 1,000.00ABOUT THE GROUT TILE LLC 701.106(1)(j)

121580 01/18/2019 0.00ARTISAN CONTRACTING LLC 701.102(2)(d)


121595 01/17/2019 200.00HUBBARD, SEAN CURTIS 701.305(2)

121613 01/21/2019 200.00JGCM INC 701.098(1)(b)

121690 01/29/2019 100.00OBRIEN BUILT LLC 701.098(1)(b)


COMPANY

701.305(1)

121757 02/01/2019 500.00CAMPBELL, BETHANY ERIN 701.305(1)


121774 02/12/2019 100.00EUGENE WELDERS SUPPLY CO 701.098(1)(b)

121794 02/12/2019 50.00REID JR, JOSEPH FRANKLIN 701.098(1)(b)

121846 02/07/2019 200.00AME EXTERIORS CORPORATION 701.305(2)

121850 02/12/2019 200.00STEELHEAD MARINE INC 701.305(2)

121873 02/06/2019 100.00LOY CLARK PIPELINE CO 701.098(1)(b)

121877 02/12/2019 100.00A TEMP HEATING & COOLING INC 701.098(1)(b)


9 - CRIMINAL / INJUNCTIONS / STOP WORK

Cite

25 of 5526 of 5626 of 56



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9 - CRIMINAL / INJUNCTIONS / STOP WORK (cont.)

Cite

121337 12/19/2018 0.00QUATTLEBUM, JOSHUA LEE 701.098(1)(i)

26 of 5527 of 5627 of 56



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FINAL ORDERS


1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite

119604 01/18/2019 1,000.00PEARSON, RONALD JOSEPH 701.021(1)

119978 11/21/2018 5,000.00WEST, BRIAN L 701.021(1)

120105 12/11/2018 46,000.00BRECKENRIDGE PROPERTY FUND 2016 LLC 701.021(1)

120395 11/21/2018 600.00LOUCH III, HOWARD GEORGE 701.021(1)


120558 12/07/2018 5,000.00LORD, HARRY SEAN 701.021(1)

120567 12/04/2018 5,000.00FINNEY, MICHEAL ELLIOTT 701.021(1)

120572 11/20/2018 700.00ROGUE PACIFIC CONCRETE LIMITED LIABILITY COMPANY 701.021(1)

120577 11/20/2018 1,000.00NLMS INC 701.021(1)

120593 12/06/2018 1,000.00MR ASPHALT & SONS LLC 701.021(1)

120615 11/21/2018 5,000.00WORMINGTON, MICHAEL DAVID 701.021(1)

120617 11/22/2018 1,000.00TELLO, ANGEL M 701.021(1)

120619 11/29/2018 5,000.00RHINEHART, DAVID RUSSELL 701.021(1)

120641 11/20/2018 1,000.00MCALLISTER, THOMAS WARREN 701.021(1)

120660 11/28/2018 1,000.00MYERS, JACOB JEROME 701.021(1)

120665 12/11/2018 1,000.00TEAL CREEK DEVELOPMENT LLC 701.021(1)

120668 11/20/2018 1,000.00DISCOUNT PAINTING LLC 701.021(1)

120681 11/20/2018 1,000.00SHANKLE, RONALD JAMES 701.021(1)

120682 11/20/2018 1,000.00WOELLER, ANITA MAY 701.021(1)

120687 11/27/2018 5,000.00STRACNER, TERRAN TIMOTHY 701.021(1)

120688 11/20/2018 600.00CONCORDIA, DINO 701.021(1)

120690 12/31/2018 5,000.00BATCH, TYLER WESLEY 701.021(1)

120691 12/18/2018 600.00ALVARADO, JUAN OSMAR LOPEZ 701.021(1)

120700 12/27/2018 1,000.00NESTLE, DANIEL JONATHAN 701.021(1)

120749 12/07/2018 1,000.00SKAGGS, CHRISTOPHER CABE 701.021(1)

120753 01/01/2019 1,000.00KINSELLA, DAVID BRIAN 701.021(1)

120756 12/21/2018 1,000.00SMITH, MATTHEW ALLEN 701.021(1)

120759 01/16/2019 1,000.00PAULUS, ROBERT ARTHUR 701.021(1)

120760 11/28/2018 5,000.00COASTAL LAWNS AND MORE LLC 701.021(1)

120773 12/04/2018 600.00COLASANTI, ANDREW JAMES 701.021(1)

120793 01/29/2019 700.00HANEL, GEORGE FREDERIC 701.021(1)


120826 12/04/2018 1,000.00HENDERSON, SCOTT GARVIN 701.021(1)

120828 12/04/2018 1,000.00HENDERSON, BRUCE GARVIN 701.021(1)

120859 12/05/2018 1,000.00PORTILLO, CARLOS CARMONA 701.021(1)

120868 12/04/2018 600.00KNIGHT, MICHAEL ROBERT 701.021(1)

120872 01/17/2019 1,000.00HAIMA, DOUGLAS CARL 701.021(1)

120873 01/04/2019 5,000.00EILERTSON, ERIC JUSTIN 701.021(1)



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FINAL ORDERS (cont.)



Cite

120880 01/25/2019 1,000.00DAVIS, JAMES ROBERT 701.021(1)

120883 12/11/2018 700.00KENNET, WILLIAM DEAN 701.021(1)

120890 12/14/2018 1,000.00ROGUE UNDERGROUND LLC 701.021(1)

120904 12/05/2018 1,000.00CRUZ, ANGEL ORTIZ 701.021(1)

120915 01/04/2019 700.00HANEL, GEORGE FREDERICK 701.021(1)

120919 12/11/2018 700.00HAMMAN, MARK RANDAL 701.021(1)

120929 12/11/2018 5,000.00FARRELL POLE BUILDINGS LLC 701.021(1)

120930 12/07/2018 5,000.00BEHRENT, STEVEN ANTONIO 701.021(1)

120932 12/31/2018 1,000.00WORKHORSE CARPENTRY LLC 701.021(1)

120933 12/18/2018 1,000.00NW LANDMARK LLC 701.021(1)

120934 12/25/2018 5,000.00WOODS, DANIEL JAMES 701.021(1)

120936 12/11/2018 1,000.00FRICK, JEREMIAH DANIEL 701.021(1)

120938 12/07/2018 1,000.00ASHLEY, WILLIAM LEROY 701.021(1)

120940 02/12/2019 1,000.00SAFE STEP TUBS NORTHWEST INC 701.021(1)

120947 12/20/2018 700.00KRAMER, IAN A 701.021(1)

120960 12/31/2018 1,000.00GARCIA RODRIGUEZ, MISAEL 701.021(1)

120963 01/29/2019 700.00MIDTUN, MICHAEL LAWRENCE 701.021(1)

120984 12/13/2018 5,000.00IANTORNO, MICHAEL ANTHONY 701.021(1)

121026 12/17/2018 1,000.00FEENYX CONSTRUCTION LLC 701.021(1)

121031 12/18/2018 5,000.00BUCKINGHAM, LARRY GENE CHIP 701.021(1)

121040 01/16/2019 700.00KRAMER, IAN A 701.021(1)

121049 01/14/2019 600.00ROSS, ZEBADIAH NATHANIEL 701.021(1)

121063 01/23/2019 700.00LANE, CHRISTOPHER LEE 701.021(1)

121070 12/24/2018 1,000.00SWEENY, CHRISTOPHER JAMES 701.021(1)

121071 12/28/2018 700.00KISER, JARED WILLIAM 701.021(1)

121083 12/28/2018 600.00JOHN, MICHAEL PATRICK 701.021(1)

121091 01/23/2019 700.00RUDISHAUSER, AARON T 701.021(1)

121153 12/28/2018 700.00SCRIVNER, STEVEN ARTHUR 701.021(1)

121163 01/16/2019 600.00TOPVIEW PAINTING LLC 701.021(1)

121166 01/10/2019 1,000.00PADILLA, RUBEN D 701.021(1)

121171 01/23/2019 5,000.00SCRUGGS JR., JAMES C 701.021(1)

121173 12/28/2018 1,000.00ANGELES, ALEJANDRO G 701.021(1)

121183 01/18/2019 5,000.00MORRIS JR, ROBERT DALE 701.021(1)

121184 01/23/2019 5,000.00HILLTOP CONTRACTORS LLC 701.021(1)

121186 01/01/2019 1,000.00AISEA, MELEANA OFAKIMULI 701.021(1)

121193 01/10/2019 1,000.00SERVICECOM USA INC. 701.021(1)

121204 01/14/2019 8,400.00LANE, CHRISTOPHER LEE 701.021(1)

121222 01/04/2019 1,000.00THILL, DONALD MARTIN 701.021(1)

121229 01/23/2019 700.00SCRUGGS CO FAB LLC 701.021(1)

121232 01/23/2019 600.00OLLOA, FERNIE C 701.021(1)

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Cite




121258 01/21/2019 1,000.00CALVILLO, LUIS A MORA 701.021(1)

121259 01/08/2019 1,000.00REYES, SIMON GUTIERREZ 701.021(1)

121281 01/30/2019 1,000.00JUNE, ROBERT EDWARD 701.021(1)


121307 01/30/2019 5,000.00OSORIO, ROGELIO 701.021(1)

121322 01/08/2019 700.00URBANCOLOR LLC 701.021(1)

121323 01/29/2019 1,000.00BARRAZA, HICIDORO GUSTAVO 701.021(1)

121326 01/25/2019 5,000.00NLM CONSTRUCTION LLC 701.021(1)

121329 01/23/2019 600.00TW CROWDER ELECTRIC CO INC 701.021(1)


121338 01/29/2019 600.00ADKISSON, SAMUEL PETER 701.021(1)

121340 01/31/2019 1,000.00ANTUNEZ, EDGAR FACIO 701.021(1)

121360 01/15/2019 5,000.00WILSON, MICHAEL JOHN 701.021(1)

121371 01/31/2019 600.00ALWAYS BETTER SERVICES LLC 701.021(1)

121378 01/30/2019 1,000.00HUBBARD, SEAN CURTIS 701.021(1)

121380 01/29/2019 1,000.00KISER, MARK ALLEN 701.021(1)

121385 01/25/2019 600.00TSUZUKI, SHINICHI 701.021(1)

121388 01/08/2019 1,000.00DEPAUW, MICHAEL DAVID 701.021(1)

121389 01/25/2019 1,000.00BROADWAY, MICHAEL SCOTT 701.021(1)


121405 01/29/2019 600.00RELIABLE HANDY SERVICES LLC 701.021(1)

121415 01/31/2019 600.00CLAYTON, CHRISTOPHER 701.021(1)

121426 01/28/2019 1,000.00HERNANDEZ, JERONIMO MENDOZA 701.021(1)

121432 01/29/2019 5,000.00THREE BAR CONSTRUCTION INC 701.021(1)

121433 01/30/2019 1,000.00ROGUE VALLEY MASONRY CONSTRUCTION INC 701.021(1)

121458 01/30/2019 1,000.00ISLAS, LUIS ALBERTO 701.021(1)

121460 02/07/2019 600.00D N K EXTERIORS LLP 701.021(1)

121465 02/06/2019 1,000.00CANBY RESIDENTIAL CONSTRUCTION LLC 701.021(1)

121466 02/07/2019 600.00OLSON, BRENTON BRADLEE 701.021(1)

121479 01/31/2019 5,000.00ALLISON, ELDON L 701.021(1)


121532 02/07/2019 5,000.00KELLY, DUSTIN WILLIAM 701.021(1)

121534 02/01/2019 600.00HOLTZCLAW, DARREN WILLIAM 701.021(1)

121544 02/12/2019 1,000.00W J FRAZIER CONST LLC 701.021(1)

121547 02/12/2019 5,000.00KIRKPATRICK FAMILY PROPERTY SERVICES LLC 701.021(1)


121588 02/11/2019 1,000.00SCHRACK, KEVIN JAMES 701.021(1)

29 of 5530 of 5630 of 56



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Cite

121614 02/08/2019 700.00URBANCOLOR LLC 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite

120603 11/20/2018 1,000.00COE, VAN LEE 701.035(3)

120623 11/28/2018 1,000.00COYS CUSTOM CONSTRUCTION LLC 701.035(3)

120667 11/29/2018 1,000.00RAINLAND CONCRETE & CONSTRUCTION LLC 701.035(3)

120676 11/27/2018 1,000.00R & H TREE SERVICE LLC 701.035(3)

120706 11/21/2018 1,000.00ARRAMBIDE, AREC LANDON 701.035(3)

120731 11/20/2018 1,000.00LEAVITT CONSTRUCTION LLC 701.035(3)

120775 11/20/2018 1,000.00WARNES, LISA JEANEAN 701.035(3)

120807 11/30/2018 1,000.00HULK HOMES LLC 701.035(3)

120870 12/19/2018 1,000.00PNW CONTRACTING LLC 701.035(3)

120905 12/19/2018 1,000.00HERNDON, JEFFREY ALLEN 701.035(3)

120959 12/19/2018 1,000.00VITO ROOFING LLC 701.035(3)

120976 12/27/2018 1,000.00PACIFIC COAST REMODELING LLC 701.035(3)

120988 12/28/2018 1,000.00ABSOLUTE ROOFING AND MAINTENANCE LLC 701.035(3)

121006 12/25/2018 1,000.00K T WHITING CONSTRUCTION LLC 701.035(3)


121172 01/23/2019 1,000.00ODAM BROS CONSTRUCTION LLC 701.035(3)

121228 01/03/2019 1,000.00PRECISE CONSTRUCTION NW LLC 701.035(3)

121241 01/10/2019 1,000.00EDGE CONSTRUCTION LLC 701.035(3)

121251 12/18/2018 1,000.00SALAR ELECTRIC LLC 701.035(3)

121252 12/31/2018 1,000.00A C E D LLC 701.035(3)

121256 01/23/2019 1,000.00MGR PLUMBING LLC 701.035(3)

121264 02/01/2019 1,000.00MARC & GILBERT CONSTRUCTION LLC 701.035(3)

121283 01/16/2019 1,000.00HARTZER, JEFFRY W 701.035(3)

121286 01/15/2019 1,000.00PG HOME SERVICES LLC 701.035(3)

121357 01/08/2019 1,000.00HUNTER, TROY DEVON 701.035(3)

121370 02/12/2019 1,000.00ALEXANDER JORDAN HACKE & ZANE ALLEN WOOD 701.035(3)

121392 01/30/2019 1,000.00THACHER, BRADLEY LOUIS 701.035(3)

121439 01/28/2019 1,000.00SMITH, STEVEN RALEIGH 701.035(3)



3 - LEAD BASED PAINT

Cite

120628 11/29/2018 1,000.00NATURAL ORIGINS LLC 701.510(2)

120675 11/29/2018 1,000.00HOLCOMB, JANICE MICHELLE 701.510(2)

120694 11/28/2018 1,000.00PATTON, ALAN WYATT 701.510(2)

120708 12/10/2018 1,000.00ALEXANDER CARPENTRY INC 701.510(2)

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3 - LEAD BASED PAINT (cont.)

Cite

120732 12/12/2018 1,000.00HASKIN, BRYCE LYLE 701.510(3)

120738 11/20/2018 1,000.00LEAVITT CONSTRUCTION LLC 701.510(2)

120757 11/28/2018 1,000.00OBRIEN CONSTRUCTION & DESIGN LLC 701.510(2)

120850 12/04/2018 1,000.00GABRIEL FLOOR COVERING LLC 701.510(3)

120877 12/05/2018 1,000.00BIGHORN CONTRACTING LLC 701.510(2)

120891 11/29/2018 1,000.00TRAN FLOORING INC 701.510(2)

120981 12/27/2018 1,000.00PACIFIC COAST REMODELING LLC 701.510(2)

120989 12/21/2018 1,000.00MCCORMICK & SON CONSTRUCTION LLC 701.510(3)

121042 12/20/2018 1,000.00DO, MICHAEL EUGENE 701.510(2)


121109 01/01/2019 1,000.00ROGERS, SAFFA MOIGBOI 701.510(2)

121110 12/25/2018 1,000.00J OLSON CONSTRUCTION LLC 701.510(2)


121142 01/08/2019 1,000.00ROBERT L SCHROEDER CONSTRUCTION INC 701.510(3)

121143 01/04/2019 1,000.00DAVID HONEMAN CONSTRUCTION LLC 701.510(2)

121147 01/21/2019 1,000.00ROBBINS, RUSSELL LEE 701.510(2)

121170 12/27/2018 1,000.00MORRISON REMODELING INC 701.510(3)

121191 01/04/2019 1,000.00TWO BROTHERS PAINTING LLC 701.510(3)

121262 01/23/2019 1,000.00MCNABB ENTERPRISES LLC 701.510(2)

121296 01/16/2019 1,000.00SUMMER LAKE CONSTRUCTION LLC 701.510(2)

121302 01/10/2019 1,000.00SAYLOR, DENNIS HARVIE 701.510(2)

121313 01/25/2019 1,000.00RJ POSTON LLC 701.510(2)


121327 01/29/2019 1,000.00WHITMAN CONSTRUCTION & DESIGN LLC 701.510(3)

121333 01/29/2019 1,000.00GABE BALES CONSTRUCTION LLC 701.510(2)

121353 01/18/2019 1,000.00A & S CONSTRUCTION CORPORATION 701.510(2)

121390 01/24/2019 1,000.00MARTIN ENTERPRISES LLC 701.510(3)

121393 01/29/2019 1,000.00RAVEN SERVICES GROUP LLC 701.510(2)

121414 02/12/2019 1,000.00BLUESEA PAINTING LLC 701.510(2)

121422 01/25/2019 1,000.00FLAMINGO CONSTRUCTION LLC 701.510(2)

121505 02/11/2019 1,000.00ABOVE & BEYOND HOME IMPROVEMENTS LLC 701.510(2)

121535 02/12/2019 1,000.00JRA GREEN BUILDING INC 701.510(2)

121550 02/07/2019 1,000.00APEX DEVELOPING & CONSTRUCTION LLC 701.510(2)

121579 02/07/2019 5,000.00WESTERN AMERICAN GLASS ENTERPRISES INC 701.510(3)



5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite

120166 01/10/2019 1,000.00OVERLAND CONTRACTING INC 701.026(1)

120385 11/30/2018 1,000.00MATT JENSEN HOME IMPROVEMENT LLC 701.026(2)

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5 - HIRING AN UNLICENSED SUBCONTRACTOR (cont.)

Cite

120488 12/07/2018 1,000.00TOPLINE PLUMBING AND CONSTRUCTION LLC 701.026(1)

120607 12/06/2018 1,000.00CASTELLANO, JAYCE VINCE 701.026(1)

120788 01/25/2019 1,000.00CANDEN DEVELOPMENT LLC 701.026(1)

120937 12/10/2018 1,000.00LILLIE, CALEB BENJAMIN 701.026(1)

121032 12/03/2018 1,000.00SILVER RIDGE HOMES INC 701.026(1)

121174 12/25/2018 1,000.00STENERSEN & STENERSEN CONSTRUCTION INC 701.026(1)

121179 01/08/2019 1,000.00BLAZER HOMES LLC 701.026(2)

121254 01/11/2019 1,000.00CONFEDERATED BUILDERS INC 701.026(1)

121324 01/04/2019 1,000.00GILLESPIE HOMES INC 701.026(1)

121387 01/29/2019 1,000.00HOM SOLUTIONS OF DURANGO LLC 701.026(1)

121394 01/31/2019 1,000.00WING RIDGE CONSTRUCTION LLC 701.026(1)

121470 02/07/2019 1,000.00HAYDEN HOMES LLC 701.026(1)


6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite

120696 11/27/2018 400.00ESSELSTROM ENTERPRISES LLC 087.093(2)



120715 12/19/2018 200.00CHANGING SPACES STONE & WOOD LLC 087.093(2)






120801 11/29/2018 200.00RAINLAND CONCRETE & CONSTRUCTION LLC 087.093(2)









121120 01/10/2019 200.00OLSON, DAVID LAINE 087.093(2)







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

Cite








7 - SUSPENSIONS

Cite

119301 12/20/2018 0.00EMPIRE BUILDING COMPANY LLC 701.102(2)(a)

119763 01/29/2019 0.00HOUSEPRO RENOVATION LLC 701.102(2)(a)

120487 11/29/2018 1,000.00FORMATIONS INC 701.098(1)(b)

120594 11/27/2018 0.00SORENSON, KEVIN JAMES 701.106(1)(b)

120895 12/07/2018ET SOLUTIONS NORTH AMERICA LLC 701.091(1)

120907 11/30/2018 0.00WESTLINE ROOFING INC 701.098(1)(b)

120928 12/10/2018 1,000.00BULIGA, IVAN 701.098(1)(b)

120961 12/06/2018 0.00THURSTON, ANDREW TUNSTALL 701.102(2)(a)

121064 12/24/2018 0.00HIGH DESERT CUSTOM HOME FRAMING INC 701.102(2)(c)

121111 12/31/2018 1,000.00CHAMPION WINDOW COMPANY OF BOISE LLC A LIMITED

LIABILITY COMPANY OF DELAWARE

701.098(1)(b)

121149 01/03/2019 0.00BLG PLUMBING LLC 701.106(1)(k)

121154 01/03/2019 0.00SWEARINGEN, JAMES MICHAEL 701.106(1)(k)

121156 12/04/2018 0.00GORHAM, ROBERT CECIL 025.750

121157 12/04/2018 0.00KOLLMORGAN, RICHARD WAYNE 025.750

121159 12/04/2018 0.00MARCOTTE, STEVEN JAMES 025.750

121160 12/04/2018 0.00FOWLER, ERIC MICHAEL 025.750

121210 01/03/2019 0.00ROLLING STONE TILE LLC 701.098(1)(b)

121261 01/15/2019 1,000.00POOKIES HANDYMAN CONTRACTOR LLC 701.098(1)(b)

121282 01/07/2019 0.00FINISH CARPENTRY LLC 701.098(1)(b)

121315 01/23/2019 1,000.00PLY GEM PACIFIC WINDOWS CORPORATION 701.091(1)

121320 01/08/2019 0.00PNW PAINTING LLC 701.102(2)(a)

121372 01/17/2019 0.00WISHBONE GROUP LLC 701.102(2)(a)

121373 01/17/2019 0.00DAYTIME CONSTRUCTION LLC 701.102(2)(a)

121376 01/17/2019 0.00KRUEGERS GENERAL CONSTRUCTION COMPANY LLC 701.102(2)(a)

121382 02/01/2019 0.00BROWN, MICHAEL DOUGLAS 701.068(8)

121400 01/17/2019 0.00IDEAL PROPERTY ALTERATIONS LLC 701.102(2)(a)

121401 01/17/2019 0.00SANTIAM DRYWALL LLC 701.102(2)(a)

121402 01/17/2019 0.00TW CONSTRUCTION NW LLC 701.102(2)(a)

121506 02/01/2019 0.00T & G QUALITY BUILDERS LLC 701.102(2)(a)

121516 02/12/2019 0.00DAVIDSON, LYLE 701.102(2)(a)

33 of 5534 of 5634 of 56



11/20/2018 - 02/12/2019




Cite

121603 02/07/2019 0.00OPTIONS FOR LIFE LLC 701.098(1)(b)

121607 02/07/2019 0.00SANTANA PAINTING CORPORATION 701.098(1)(b)

121609 02/07/2019 0.00BULL MOUNTAIN CONSTRUCTION LLC 701.102(2)(a)

121838 02/08/2019 0.00CHILDRESS, JOHN ROBERT 025.750


8 - OTHER

Cite

120684 11/20/2018 0.00DEJONG STOTHOFF, DAIN PAUL 701.106(1)(m)

120743 11/21/2018 0.00DFJ ENTERPRISES INC 701.098(1)(f)

120758 12/14/2018 500.00ENGLEHART, TRAVIS JAY 701.305(1)

120781 11/21/2018 50.00GOBER, JEDIDIAH JAMES 701.098(1)(b)

120782 11/22/2018 500.00NICHOLLS CONCRETE LLC 701.305(1)

120790 11/30/2018 1,000.00CASCADE BUILDING CONCEPTS INC 701.098(1)(l)


120841 11/30/2018 500.00KLAMATH ROOFING INC 701.305(1)

120849 12/19/2018 200.00THE JEFFERSON STATE PAINTING COMPANY LLC 701.305(2)

120881 01/16/2019 1,000.00NGUYEN, DONG THANH 701.106(1)(j)

120913 12/07/2018 500.00NW PRECISION CONSTRUCTION LLC 701.345(1)

120946 11/30/2018 200.00SCHULTZ, MARK CURTIS 701.305(2)

120949 12/19/2018 1,000.00HANDCRAFTED RENOVATIONS LLC 701.098(1)(g)

120953 12/05/2018 100.00EARTHLIGHT TECHNOLOGIES LLC 701.098(1)(b)

121082 12/20/2018 200.003 A CONSTRUCTION LLC 701.305(2)

121086 12/24/2018 50.00OWENS, CHRISTOPHER KEITH 701.098(1)(b)

121097 12/21/2018 200.00LKN CONSTRUCTION & REMODELING INC 701.305(2)


121135 12/28/2018 50.00G3 ELECTRIC LLC 701.098(1)(b)

121148 01/23/2019 1,000.00VICS ROOFING LLC 701.106(1)(j)

121167 12/14/2018 100.00KASKI INC 701.098(1)(b)

121188 01/01/2019 100.00KAMANSKI CONSTRUCTION INC 701.098(1)(b)

121194 01/01/2019 100.00SIMPLICITY INC 701.098(1)(b)


121218 01/25/2019 50.00JOHNSON, ANDRES CHRISTIAN 701.098(1)(b)

121246 01/17/2019 200.00ART C STEPHANIE CONSTRUCTION LLC 701.305(1)

121267 01/17/2019 0.00DON BRYANT PAINTING INC 701.098(1)(f)

121268 01/08/2019 0.00EVOLVE GREENHOUSE CONSTRUCTION LLC 701.098(1)(f)

121270 01/23/2019 100.00PETERSON N CONSTRUCTION LLC 701.098(1)(b)

121271 01/08/2019 0.00OKLAND CONSTRUCTION COMPANY INC 701.098(1)(f)

121272 01/08/2019 0.00SPRINGHILL LLC 701.098(1)(f)

121289 01/24/2019 50.00JAMESON, STEPHEN SHAWN 701.098(1)(b)

121304 01/10/2019 500.00SAYLOR, DENNIS HARVIE 701.305(1)

34 of 5535 of 5635 of 56



11/20/2018 - 02/12/2019



8 - OTHER (cont.)

Cite

121306 01/25/2019 1,000.00FLAMINGO CONSTRUCTION LLC 701.098(1)(g)

121310 01/25/2019 1,000.00VROOM, CORY ALAN 701.098(1)(h)

121332 01/14/2019 1,000.00REZ COMM PAINTING LLC 701.106(1)(j)

121346 01/16/2019 500.00SUMMER LAKE CONSTRUCTION LLC 701.305(1)



121410 01/24/2019 1,000.00SCHWARTZ, DAVID BENNETT 701.305(2)

121428 01/24/2019 1,000.00ALL ASPECT POLE STRUCTURES LLC 701.098(1)(l)

121430 02/08/2019 1,000.00TRIPLE G CONSTRUCTION LLC 701.106(1)(n)


121448 01/29/2019 200.00KENNEDY, JOSEPH TYLER 701.305(2)

121580 02/12/2019 0.00ARTISAN CONTRACTING LLC 701.102(2)(d)


121595 02/12/2019 200.00HUBBARD, SEAN CURTIS 701.305(2)

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Stan Jessup, Enforcement Manager Date: December 10, 2018 Subject: OAR 812-005-0800

ISSUE

Two sections of CCB’s penalty rule, OAR 812-005-0800, refer to rules that have been repealed.

OAR 812-005-0800(30) refers to work practice standards for lead based paint (LBP) activities. Section (30) cites now-repealed OAR 812-007-0140 and 812-007-0240.

OAR 812-005-0800(31) refers to work practice standards for LBP renovation. Section (31) cites now repealed OAR 812-007-0340 and OAR 333-070-0110, repealed by theOregon Health Authority (OHA).

BACKGROUND

In January 2017, the OHA repealed its rules relating to lead-based paint (LBP). The OHA instead adopted federal regulations by reference. As a result of these changes, the CCB’s rules – which cross-referenced the OHA rules – also needed to be updated. In September 2017, CCB repealed or amended several LBP rules in OAR chapter 812, division 7.

Recently, CCB observed that its civil penalty rule, OAR 812-005-0800, still references the repealed rules.

RECOMMENDATION

I recommend that CCB amend OAR 812-005-0800(30) and -0800(31) to remove cross-references to repealed rules and substitute appropriate references to federal regulations. The federal regulations cited in the proposed amendments to subsection 30 govern work practices for LBP activities. The regulations cited in the proposed

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Construction Contractors Board December 10, 2018 Page 2 of 2 amendments to subsection 31 govern the work practices and reporting requirements for LBP renovation. I am attaching a copy of draft rules that I think will accomplish these goals. (A copy of the relevant federal regulations is also attached.)

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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 if the respondent becomes licensed or 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 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 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 contracts, in violation of OAR 812-003-0120: First offense $100, second offense $200, subsequent offenses $400.

In 2017, the CCB amended its division 7 rules relating to lead-based paint (LBP). These changes were made to align CCB’s rules with those of Oregon Health Authority (OHA). At the time, CCB failed to notice that two sections of its civil penalty rule – OAR 812-005-0800 – referred to division 7 or OHA rules that were repealed. In these proposed rules, CCB changes its penalty rule to align with the division 7 rules. The amended sections in OAR 812-005-0800 are (30) and (31).

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(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 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

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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.

(30) Violation of work practice standards for lead-based paint (LBP) activity pursuant to [OAR 812-007-0140 or 812-007-0240] 40 CFR 745.227 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.

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(31) Violation of work practice standards for LBP renovation pursuant to [OAR 812-007-0340] 40 CFR 745.85 or violation of recordkeeping and reporting requirements pursuant to [OAR 333-070-0110]40 CFR 745.86: 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.

(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

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5

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.

(51) Working without a responsible managing individual or a temporary responsible managing individual, for whom the contractor has notified the board, first offense, $1,000; second offense, $2,000 and suspension of CCB license for three (3) months; third offense, $5,000 and permanent revocation of CCB license. Statutory/Other Authority: ORS 183.310 to 183.500, 670.310, 701.235, 701.515, 701.992 & 701.995 Statutes/Other 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

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History: CCB 1-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 5-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/29/2018 CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0080(13); 1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; 1BB 3-1985, f.& ef. 4-25-85; BB 1-1987, f. & ef. 3-5-87, BB 1-1988(Temp), f. & cert. ef. 1-26-88; BB 2-1988, f. & cert. ef. 6-6-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 3-1990(Temp), f. & cert. ef. 7-27-90; CCB 4-1990, f. 10-30-90, cert. ef. 11-1-90; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 4-1992, f. & cert. ef. 6-1-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95; CCB 3-1995, f. 9-7-95, cert. ef. 9-9-95; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 3-1996, f. & cert. ef. 8-13-96; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-1999(Temp), f. & cert. ef. 11-1-99 thru 4-29-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 13-2000(Temp), f. & cert. ef 11-13-00 thru 5-11-01; CCB 2-2001 f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 1-2002(Temp), f. & cert. ef. 3-1-02 thru 8-26-02; CCB 2-2002, f. & cert. ef. 3-1-02; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-02; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 6-2004, f. 6-25-04, cert. ef. 9-1-04; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; Renumbered from 812-005-0005, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2006, f. & cert. ef. 1-26-06; CCB 7-2006, f. & cert. ef. 6-23-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 4-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 2-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 13-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 17-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 19-2008, f. & cert. ef. 11-20-08; CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09; CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 6-2009, f. & cert. ef. 9-1-09; CCB 2-2010, f. & cert. ef. 2-1-10; CCB 8-2010, f. & cert. ef. 4-28-10; CCB 13-2010(Temp), f. & cert. ef. 7-7-10 thru 1-2-11; Administrative correction 1-25-11; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 4-2011, f. 6-24-11, cert. ef. 7-1-11; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

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Relating to LBP Renovation: §745.85 Work practice standards.

(a) Standards for renovation activities. Renovations must be performed by certified firms using certified renovators as directed in §745.89. The responsibilities of certified firms are set forth in §745.89(d) and the responsibilities of certified renovators are set forth in §745.90(b).

(1) Occupant protection. Firms must post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this section.

(2) Containing the work area. Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

(i) Interior renovations. The firm must: (A) Remove all objects from the work area, including furniture, rugs, and window coverings, or

cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

(B) Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material.

(C) Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater. Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling and walls.

(E) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

(ii) Exterior renovations. The firm must: (A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all

doors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation.

(B) Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(C) Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.

(D) If the renovation will affect surfaces within 10 feet of the property line, the renovation firm must erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to adjacent properties.

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Vertical containment or equivalent extra precautions in containing the work area may also be necessary in other situations in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties.

(3) Prohibited and restricted practices. The work practices listed below are prohibited or restricted during a renovation as follows:

(i) Open-flame burning or torching of painted surfaces is prohibited. (ii) The use of machines designed to remove paint or other surface coatings through high speed

operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited on painted surfaces unless such machines have shrouds or containment systems and are equipped with a HEPA vacuum attachment to collect dust and debris at the point of generation. Machines must be operated so that no visible dust or release of air occurs outside the shroud or containment system.

(iii) Operating a heat gun on painted surfaces is permitted only at temperatures below 1,100 degrees Fahrenheit.

(4) Waste from renovations—(i) Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

(ii) At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

(iii) When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

(5) Cleaning the work area. After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

(i) Interior and exterior renovations. The firm must: (A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-

duty bag. (B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward,

and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

(ii) Additional cleaning for interior renovations. The firm must clean all objects and surfaces in the work area and within 2 feet of the work area in the following manner, cleaning from higher to lower:

(A) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

(B) Remaining surfaces. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system.

(b) Standards for post-renovation cleaning verification—(1) Interiors. (i) A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified renovator must: (A) Verify that each windowsill in the work area has been adequately cleaned, using the following

procedure. (1) Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth

matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

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(2) If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

(3) If the cloth does not match and is darker than the cleaning verification card, wait for 1 hour or until the surface has dried completely, whichever is longer.

(4) After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

(1) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

(2) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for 1 hour or until the entire surface within the work area has dried completely, whichever is longer.

(3) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

(iii) When the work area passes the post-renovation cleaning verification, remove the warning signs. (2) Exteriors. A certified renovator must perform a visual inspection to determine whether dust,

debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed. When the area passes the visual inspection, remove the warning signs.

(c) Optional dust clearance testing. Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another Federal, State, Territorial, Tribal, or local law or regulation requires:

(1) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this subpart.

(2) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling technician.

(3) The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance standards in §745.227(e)(8) or any applicable State, Territorial, Tribal, or local standard.

(d) Activities conducted after post-renovation cleaning verification. Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after post-renovation cleaning verification has been performed.

§745.86 Recordkeeping and reporting requirements.

(a) Firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renovation. This 3-year retention requirement does not supersede longer obligations required by other

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provisions for retaining the same documentation, including any applicable State or Tribal laws or regulations.

(b) Records that must be retained pursuant to paragraph (a) of this section shall include (where applicable):

(1) Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation, as described in §745.82(a). These records or reports include:

(i) Reports prepared by a certified inspector or certified risk assessor (certified pursuant to either Federal regulations at §745.226 or an EPA-authorized State or Tribal certification program).

(ii) Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

(iii) Records prepared by a certified renovator after collecting paint chip samples, including a description of the components that were tested including their locations, the name and address of the NLLAP-recognized entity performing the analysis, and the results for each sample.

(2) Signed and dated acknowledgments of receipt as described in §745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A).

(3) Certifications of attempted delivery as described in §745.84(a)(2)(i) and (c)(1)(ii)(A). (4) Certificates of mailing as described in §745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and

(c)(1)(ii)(B). (5) Records of notification activities performed regarding common area renovations, as described in

§745.84(b)(3) and (b)(4), and renovations in child-occupied facilities, as described in §745.84(c)(2). (6) Documentation of compliance with the requirements of §745.85, including documentation that a

certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in §745.85(a), and that the certified renovator performed the post-renovation cleaning verification described in §745.85(b). If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in §745.82, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator's training certificate, and a certification by the certified renovator assigned to the project that:

(i) Training was provided to workers (topics must be identified for each worker). (ii) Warning signs were posted at the entrances to the work area. (iii) If test kits were used, that the specified brand of kits was used at the specified locations and that

the results were as specified. (v) The work area was contained by: (A) Removing or covering all objects in the work area (interiors). (B) Closing and covering all HVAC ducts in the work area (interiors). (C) Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of

the work area (exteriors). (D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and

within 20 feet of the work area (exteriors). (E) Covering doors in the work area that were being used to allow passage but prevent spread of

dust. (F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other

impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors).

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(G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

(iv) If paint chip samples were collected, that the samples were collected at the specified locations, that the specified NLLAP-recognized laboratory analyzed the samples, and that the results were as specified.

(vi) Waste was contained on-site and while being transported off-site. (vii) The work area was properly cleaned after the renovation by: (A) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and

taping it for removal. (B) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops

(interiors). (viii) The certified renovator performed the post-renovation cleaning verification (the results of

which must be briefly described, including the number of wet and dry cloths used). (c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of

the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:

(i) The owner of the building; and, if different, (ii) An adult occupant of the residential dwelling, if the renovation took place within a residential

dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(2) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

(3) The information required to be provided by paragraph (c) of this section may be provided by completing the sample form titled “Sample Renovation Recordkeeping Checklist” or a similar form containing the test kit information required by §745.86(b)(1)(ii) and the training and work practice compliance information required by §745.86(b)(6).

(d) If dust clearance sampling is performed in lieu of cleaning verification as permitted by §745.85(c), the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

(1) The owner of the building; and, if different, (2) An adult occupant of the residential dwelling, if the renovation took place within a residential

dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(3) When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all of the affected units.

Relating to LBP Activities §745.227 Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities.

(a) Effective date, applicability, and terms. (1) Beginning on March 1, 2000, all lead-based paint activities shall be performed pursuant to the work practice standards contained in this section.

(2) When performing any lead-based paint activity described by the certified individual as an inspection, lead-hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below.

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(3) Documented methodologies that are appropriate for this section are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); Regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and quidelines.

(4) Clearance levels are appropriate for the purposes of this section may be found in the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminiated Soil or other equivalent guidelines.

(b) Inspection. (1) An inspection shall be conducted only by a person certified by EPA as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

(2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:

(i) In a residential dwelling and child-occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint; and

(ii) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

(3) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

(ii) All collected paint chip samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

(4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information:

(i) Date of each inspection. (ii) Address of building. (iii) Date of construction. (iv) Apartment numbers (if applicable). (v) Name, address, and telephone number of the owner or owners of each residential dwelling or

child-occupied facility. (vi) Name, signature, and certification number of each certified inspector and/or risk assessor

conducting testing. (vii) Name, address, and telephone number of the certified firm employing each inspector and/or

risk assessor, if applicable. (viii) Each testing method and device and/or sampling procedure employed for paint analysis,

including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device. (ix) Specific locations of each painted component tested for the presence of lead-based paint. (x) The results of the inspection expressed in terms appropriate to the sampling method used. (c) Lead hazard screen. (1) A lead hazard screen shall be conducted only by a person certified by

EPA as a risk assessor. (2) If conducted, a lead hazard screen shall be conducted as follows: (i) Background information regarding the physical characteristics of the residential dwelling or

child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and under shall be collected.

(ii) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to: (A) Determine if any deteriorated paint is present, and

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(B) Locate at least two dust sampling locations. (iii) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using

documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead.

(iv) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children, age 6 and under, are most likely to come in contact with dust.

(v) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in paragraph (c)(1)(iii) of this section, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(3) Dust samples shall be collected and analyzed in the following manner: (i) All dust samples shall be taken using documented methodologies that incorporate adequate

quality control procedures. (ii) All collected dust samples shall be analyzed according to paragraph (f) of this section to

determine if they contain detectable levels of lead that can be quantified numerically. (4) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the

presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

(ii) All collected paint chip samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

(5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information:

(i) The information required in a risk assessment report as specified in paragraph (d) of this section, including paragraphs (d)(11)(i) through (d)(11)(xiv), and excluding paragraphs (d)(11)(xv) through (d)(11)(xviii) of this section. Additionally, any background information collected pursuant to paragraph (c)(2)(i) of this section shall be included in the risk assessment report; and

(ii) Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

(d) Risk assessment. (1) A risk assessment shall be conducted only by a person certified by EPA as a risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

(2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards.

(3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and under shall be collected.

(4) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead:

(i) Each friction surface or impact surface with visibly deteriorated paint; and (ii) All other surfaces with visibly deteriorated paint. (5) In residential dwellings, dust samples (either composite or single-surface samples) from the

interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(6) For multi-family dwellings and child-occupied facilities, the samples required in paragraph (d)(4) of this section shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations:

(i) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and (ii) Other common areas in the building where the risk assessor determines that one or more

children, age 6 and under, are likely to come into contact with dust.

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(7) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-occupied facility where one or more children, age 6 and under, are likely to come into contact with dust.

(8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (i) Exterior play areas where bare soil is present; and (ii) The rest of the yard (i.e., non-play areas) where bare soil is present. (iii) Dripline/foundation areas where bare soil is present. (9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies

that incorporate adequate quality control procedures. (10) Any collected paint chip, dust, or soil samples shall be analyzed according to paragraph (f) of

this section to determine if they contain detectable levels of lead that can be quantified numerically. (11) The certified risk assessor shall prepare a risk assessment report which shall include the

following information: (i) Date of assessment. (ii) Address of each building. (iii) Date of construction of buildings. (iv) Apartment number (if applicable). (v) Name, address, and telephone number of each owner of each building. (vi) Name, signature, and certification of the certified risk assessor conducting the assessment. (vii) Name, address, and telephone number of the certified firm employing each certified risk

assessor if applicable. (viii) Name, address, and telephone number of each recognized laboratory conducting analysis of

collected samples. (ix) Results of the visual inspection. (x) Testing method and sampling procedure for paint analysis employed. (xi) Specific locations of each painted component tested for the presence of lead. (xii) All data collected from on-site testing, including quality control data and, if used, the serial

number of any XRF device. (xiii) All results of laboratory analysis on collected paint, soil, and dust samples. (xiv) Any other sampling results. (xv) Any background information collected pursuant to paragraph (d)(3) of this section. (xvi) To the extent that they are used as part of the lead-based paint hazard determination, the results

of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint-related hazards.

(xvii) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards.

(xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

(e) Abatement. (1) An abatement shall be conducted only by an individual certified by EPA, and if conducted, shall be conducted according to the procedures in this paragraph.

(2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work site in no more than 2 hours.

(3) The certified supervisor and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other Federal, State and local requirements.

(4) A certified firm must notify EPA of lead-based paint abatement activities as follows:

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(i) Except as provided in paragraph (e)(4)(ii) of this section, EPA must be notified prior to conducting lead-based paint abatement activities. The original notification must be received by EPA at least 5 business days before the start date of any lead-based paint abatement activities.

(ii) Notification for lead-based paint abatement activities required in response to an elevated blood lead level (EBL) determination, or Federal, State, Tribal, or local emergency abatement order should be received by EPA as early as possible before, but must be received no later than the start date of the lead-based paint abatement activities. Should the start date and/or location provided to EPA change, an updated notification must be received by EPA on or before the start date provided to EPA. Documentation showing evidence of an EBL determination or a copy of the Federal/State/Tribal/local emergency abatement order must be included in the written notification to take advantage of this abbreviated notification period.

(iii) Except as provided in paragraph (e)(4)(ii) of this section, updated notification must be provided to EPA for lead-based paint abatement activities that will begin on a date other than the start date specified in the original notification, as follows:

(A) For lead-based paint abatement activities beginning prior to the start date provided to EPA an updated notification must be received by EPA at least 5 business days before the new start date included in the notification.

(B) For lead-based paint abatement activities beginning after the start date provided to EPA an updated notification must be received by EPA on or before the start date provided to EPA.

(iv) Except as provided in paragraph (e)(4)(ii) of this section, updated notification must be provided to EPA for any change in location of lead-based paint abatement activities at least 5 business days prior to the start date provided to EPA.

(v) Updated notification must be provided to EPA when lead-based paint abatement activities are canceled, or when there are other significant changes including, but not limited to, when the square footage or acreage to be abated changes by more than 20%. This updated notification must be received by EPA on or before the start date provided to EPA, or if work has already begun, within 24 hours of the change.

(vi) The following must be included in each notification: (A) Notification type (original, updated, cancellation). (B) Date when lead-based paint abatement activities will start. (C) Date when lead-based paint abatement activities will end (approximation using best professional

judgement). (D) Firm's name, EPA certification number, address, telephone number. (E) Type of building (e.g., single family dwelling, multi-family dwelling, child-occupied facilities)

on/in which abatement work will be performed. (F) Property name (if applicable). (G) Property address including apartment or unit number(s) (if applicable) for abatement work. (H) Documentation showing evidence of an EBL determination or a copy of the

Federal/State/Tribal/local emergency abatement order, if using the abbreviated time period as described in paragraph (e)(4)(ii) of this section.

(I) Name and EPA certification number of the project supervisor. (J) Approximate square footage/acreage to be abated. (K) Brief description of abatement activities to be performed. (L) Name, title, and signature of the representative of the certified firm who prepared the

notification. (vii) Notification must be accomplished using any of the following methods: Written notification, or

electronically using the Agency's Central Data Exchange (CDX). Written notification can be accomplished using either the sample form titled “Notification of Lead-Based Paint Abatement Activities” or similar form containing the information required in paragraph (e)(4)(vi) of this section. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3

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additional business days for delivery in order to ensure that EPA receives the notification by the required date). Instructions and sample forms can be obtained from the NLIC at 1-800-424-LEAD(5323), or on the Internet at http://www.epa.gov/lead.

(viii) Lead-based paint abatement activities shall not begin on a date, or at a location other than that specified in either an original or updated notification, in the event of changes to the original notification.

(ix) No firm or individual shall engage in lead-based paint abatement activities, as defined in §745.223, prior to notifying EPA of such activities according to the requirements of this paragraph.

(5) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:

(i) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards.

(ii) A certified supervisor or project designer shall prepare the occupant protection plan. (6) The work practices listed below shall be restricted during an abatement as follows: (i) Open-flame burning or torching of lead-based paint is prohibited; (ii) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is

prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

(iii) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than 2 square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and

(iv) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.

(7) If conducted, soil abatement shall be conducted in one of the following ways: (i) If the soil is removed: (A) The soil shall be replaced by soil with a lead concentration as close to local background as

practicable, but no greater than 400 ppm. (B) The soil that is removed shall not be used as top soil at another residential property or child-

occupied facility. (ii) If soil is not removed, the soil shall be permanently covered, as defined in §745.223. (8) The following post-abatement clearance procedures shall be performed only by a certified

inspector or risk assessor: (i) Following an abatement, a visual inspection shall be performed to determine if deteriorated

painted surfaces and/or visible amounts of dust, debris or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

(ii) Following the visual inspection and any post-abatement cleanup required by paragraph (e)(8)(i) of this section, clearance sampling for lead in dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques.

(iii) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures.

(iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post-abatement cleanup activities.

(v) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility:

(A) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of each of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area.

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If there are less than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.

(B) After conducting an abatement with no containment, two dust samples shall be taken from each of no less than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are less than four rooms, hallways or stairwells within the residential dwelling or child-occupied facility then all rooms, hallways or stairwells shall be sampled.

(C) Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, State and local requirements.

(vi) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.

(vii) The certified inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in paragraph (e)(8)(viii) of this section for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be recleaned and retested.

(viii) The clearance levels for lead in dust are 40 µg/ft2 for floors, 250 µg/ft2 for interior window sills, and 400 µg/ft2 for window troughs.

(9) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided:

(i) The certified individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

(ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels.

(iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph (e)(8) of this section.

(10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information:

(i) Start and completion dates of abatement. (ii) The name and address of each certified firm conducting the abatement and the name of each

supervisor assigned to the abatement project. (iii) The occupant protection plan prepared pursuant to paragraph (e)(5) of this section. (iv) The name, address, and signature of each certified risk assessor or inspector conducting

clearance sampling and the date of clearance testing. (v) The results of clearance testing and all soil analyses (if applicable) and the name of each

recognized laboratory that conducted the analyses. (vi) A detailed written description of the abatement, including abatement methods used, locations of

rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures.

(f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be:

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(1) Collected by persons certified by EPA as an inspector or risk assessor; and (2) Analyzed by a laboratory recognized by EPA pursuant to section 405(b) of TSCA as being

capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (g) Composite dust sampling. Composite dust sampling may only be conducted in the situations

specified in paragraphs (c) through (e) of this section. If such sampling is conducted, the following conditions shall apply:

(1) Composite dust samples shall consist of at least two subsamples; (2) Every component that is being tested shall be included in the sampling; and (3) Composite dust samples shall not consist of subsamples from more than one type of component. (h) Determinations. (1) Lead-based paint is present: (i) On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per

square centimeter or equal to or in excess of 0.5% by weight; and (ii) On any surface like a surface tested in the same room equivalent that has a similar painting

history and that is found to be lead-based paint. (2) A paint-lead hazard is present: (i) On any friction surface that is subject to abrasion and where the lead dust levels on the nearest

horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in §745.227(b);

(ii) On any chewable lead-based paint surface on which there is evidence of teeth marks; (iii) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface

that is cause by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame; and

(iv) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(3) A dust-lead hazard is present in a residential dwelling or child occupied facility: (i) In a residential dwelling on floors and interior window sills when the weighted arithmetic mean

lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than 40 µg/ft2 for floors and 250 µg/ft2 for interior window sills, respectively;

(ii) On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and

(iii) On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.

(4) A soil-lead hazard is present: (i) In a play area when the soil-lead concentration from a composite play area sample of bare soil is

equal to or greater than 400 parts per million; or (ii) In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or

arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million.

(i) Recordkeeping. All reports or plans required in this section shall be maintained by the certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or individual also shall provide copies of these reports to the building owner who contracted for its services.

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