Oregon Revised Statutes Chapter 701 § 701.005 — Definitions

Definitions. As used in this chapter: (1) “Board” means the Construction Contractors Board. (2) “Commercial contractor” means a licensed contractor that holds an endorsement as a: (a) Commercial general contractor level 1; (b) Commercial specialty contractor level 1; (c) Commercial general contractor level 2; (d) Commercial specialty contractor level 2; or (e) Commercial developer. (3) “Commercial developer” means a developer of property that is zoned for or intended for use compatible with a small commercial or large commercial structure. (4) “Construction debt” means an amount owed: (a) Under an order or arbitration award issued by the board that has become final by operation of law; (b) Under a judgment, arbitration award or civil penalty that has become final by operation of law arising from construction activities within the United States; (c) Under a judgment or civil penalty that has become final by operation of law arising from a failure to comply with ORS 656.017; or (d) To employees of a construction contracting business for unpaid wages. (5) “Contractor” means any of the following: (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. (b) A person that purchases or owns property and constructs or for compensation arranges for the construction of one or more residential structures or small commercial structures with the intent of selling the structures. (c) A school district, as defined in ORS 332.002, that permits students to construct a residential structure or small commercial structure as an educational experience to learn building techniques and sells the completed structure. (d) A community college district, as defined in ORS 341.005, that permits students to construct a residential structure or small commercial structure as an educational experience to learn building techniques and sells the completed structure. (e) A person except a landscape contracting business, nurseryman, gardener or person engaged in the commercial harvest of forest products, that is engaged as an independent contractor to remove trees, prune trees, remove tree limbs or stumps or to engage in tree or limb guying. (f) A business that supplies the services of a home inspector certified under ORS 701.445 or a cross-connection inspector and backflow assembly tester certified under ORS 448.279. (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys. (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540. (6) “Developer” means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property. (7)(a) “General contractor” means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. (b) “General contractor” does not mean a specialty contractor or a residential limited contractor. (8)(a) “Home improvement” means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied: (A) Residence that is a site-built home; (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure; (C) Modular home constructed off-site; (D) Manufactured dwelling; or (E) Floating home, as defined in ORS 830.700. (b) “Home improvement” does not include a renovation, remodel, repair or alteration by a residential contractor: (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or (B) That the residential contractor performed in the course of constructing a new residential structure. (9)(a) “Home inspector” means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure. (b) “Home inspector” does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code. (10) “Key employee” means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead pe