Or. Admin. R. 812-025-0005 - Definitions
The following definitions apply to division 25 of OAR chapter 812.
(1) "BOLI" means Bureau of Labor
and Industries.
(2) "BPI" means
Building Performance Institute.
(3) "Certification" means certification
provided to contractors that participate in the construction of small scale
local energy projects financed through the EEAST program.
(4) "Disadvantaged business enterprise" means
that term as defined in ORS
200.005(1). A
"disadvantaged business enterprise" is a small business concern:
(a) That is at least 51 percent owned by one
or more socially and economically disadvantaged individuals; or
(b) If a corporation, at least 51 percent of
the stock is owned by one or more socially and economically disadvantaged
individuals, and of which the management and daily business operations are
controlled by one or more of the socially and economically disadvantaged
individuals who own it.
(5) "EEAST" means energy efficiency and
sustainable technology.
(6) "Equal
opportunity employer" means an employer that follows the principle of equal
opportunity in regards to its hiring and promotion practices. An equal
opportunity employer does not discriminate based on race, color, national
origin, religion, gender, age, or physical or mental disability.
(7) "Minority or women business enterprise"
means that term as defined in ORS
200.005(5). A
"minority or women business enterprise" is a small business concern:
(a) That is at least 51 percent owned by one
or more minority individuals or women; or
(b) If a corporation, at least 51 percent of
the stock is owned by one or more individuals who are minority individuals or
women, and of which the management and daily business operations are controlled
by one or more of the minority individuals or women who own it.
(8) "ODOE" means the Oregon
Department of Energy.
(9) "Primary
contractor" means a contractor that:
(a) Has
entered or will enter into a contract with an owner of real property for which
a proposed small scale local energy project will be located;
(b) Is or will be responsible for the
completion of the small scale local energy project;
(c) Undertakes or will undertake to complete
the small scale local energy project; and
(d) Is or will be responsible for any
subcontractors performing work on the small scale local energy project.
(10) "Program" or
"EEAST program" means the energy efficiency and sustainable technology loan
program.
(11) "Project" means a
small scale local energy project, as defined by ORS
470.050(27),
being funded by the EEAST program.
(12) "REAP" means Residential Energy Analyst
Program offered through the Oregon Energy Coordinators Association.
(13) "Small business" means:
(a) An Oregon business that is:
(A) A retail or service business employing 50
or fewer persons at the time the loan is made; or
(B) An industrial or manufacturing business
employing 200 or fewer persons at the time the loan is made; or
(b) An Oregon subsidiary of a sole
proprietorship, partnership, company, cooperative, corporation or other form of
business entity for which the total number of employees for both the subsidiary
and the parent sole proprietorship, partnership, company, cooperative,
corporation or other form of business entity at the time the loan is made is:
(A) Fifty or fewer persons if the subsidiary
is a retail or service business; and
(B) Two hundred or fewer if the subsidiary is
an industrial or manufacturing business.
(14) "Small business concern," for purposes
of subsections (4) and (7) of this rule, is defined by the United States Small
Business Administration (SBA). 13 C.F.R. part 121. A contractor is a "small
business concern" if:
(a) It engages in the
construction or remodeling of new or existing buildings and receives no more
than $33.5 million in average annual receipts;
(b) It engages in dredging or surface cleanup
activities and receives no more than $20.0 million in average annual receipts;
(c) It primarily engages in the
following construction trades and receives no more than $14.0 million in
average annual receipts:
(A) Poured concrete
foundation and structure;
(B)
Structural steel and precast concrete;
(C) Framing;
(D) Masonry;
(E) Glass and glazing;
(F) Roofing;
(G) Siding;
(H) Foundation, structure and building (other
than concrete);
(I) Electrical;
(J) Plumbing;
(K) Heating and air-conditioning;
(L) Building equipment other than (I), (J) or
(K);
(M) Drywall and insulation;
(N) Painting and wall covering;
(O) Flooring;
(P) Tile and terrazzo;
(Q) Finish carpentry;
(R) Building finishing other than carpentry;
(S) Site preparation.
Notes
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753
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