(a)(A) "Construction flagger" means an individual who, for compensation or with the expectation of compensation, directs or controls the flow of motor vehicle traffic on a public roadway to prevent or reduce conflict between the flow of traffic and construction activity on or near the roadway.
(B) "Construction flagger" does not mean an individual performing work for the federal government, a public body as defined in ORS 174.109 or a business regulated by the Public Utility Commission.
(b) "Construction flagging contractor" means a person who employs, contracts with or obtains through a worker leasing company, one or more individuals to act as construction flaggers.
(2) Except as provided in this section, a person may not undertake, offer to undertake or submit a bid to do work as a construction flagging contractor unless the person holds a construction flagging contractor license issued by the Construction Contractors Board.
(3) This section does not require a person to obtain a construction flagging contractor license if the person holds a valid license and endorsement as a:
(a) Residential general contractor;
(b) Commercial general contractor level 1;
(c) Commercial specialty contractor level 1;
(d) Commercial general contractor level 2; or
(e) Commercial specialty contractor level 2.
(4) An applicant for a construction flagging contractor license must:
(a) Submit an application in the manner described in ORS 701.046;
(b) Obtain a surety bond under ORS 701.068 in the amount of $20,000; and
(c) Obtain general liability insurance under ORS 701.073 in an amount of not less than $500,000.
(5) A construction flagging contractor license authorizes a person to act as a construction flagging contractor but does not authorize the person to engage in any other activities that require a license issued under this chapter.
(6) Notwithstanding any other provision of this chapter, the board may not:
(a) Impose training or continuing education requirements for a construction flagging contractor or a responsible managing individual for the contractor.
(b) Require a construction flagging contractor or the responsible managing individual for the contractor to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2015 c.356 §2]