§ 277.2940. Definitions.

As used in this article, the following terms shall mean:

Building contract means an oral or written agreement between a residential specialty contractor and an owner for the performance of a new construction, home improvement or home repair as defined in this article and includes all labor, service and materials furnished and performed thereunder.

Employee means any individual who performs labor or services for a residential specialty contractor for wages or salary when the building contractor deducts amounts from the wages or salaries as required by the state or federal government.

Licensing official means the official designated by the director of community planning and economic development who supervises the licensing and consumer services functions provided by this Code.

Owner means any homeowner, tenant or any other person who orders, contracts for or purchases services of a residential specialty contractor, or the person entitled to the performance of the work of a residential specialty contractor pursuant to a building contract.

Residential specialty contracting business means the construction, repair, replacement, remodeling, alteration, conversion, modernization, improvement or addition to any building which is used as a private residence or dwelling place for not more than four (4) families, including accessory buildings and land, and either:

(a)

Provision of only one (1) of the eight (8) categories of special skills as defined by Minnesota State Statute 326.83, subd. 19; or

(b)

The provision of two (2) or more of the eight (8) categories of special skill as defined by Minnesota State Statute 326.83, subd. 19, and whose total gross annual receipts from projects regulated under this article do not exceed fifteen thousand dollars ($15,000.00).

Residential specialty contracting establishment means any shop, establishment, place or premises where the residential specialty contracting business is carried on.

Residential specialty contractor means any person, other than a bona fide employee of a residential specialty contracting business, who owns or operates a residential specialty contracting business, or who undertakes or offers to undertake or agrees to perform any building contracting or negotiates or offers to negotiate a building contract with an owner, or solicits or otherwise endeavors to procure by any means whatsoever, directly or indirectly, a building contract from an owner, whether or not such person is a prime contractor or subcontractor with respect to the owner.

Workmanlike means any work, effort or project which has been executed in a manner which, in the opinion of the building official, is consistent with good acceptable trade practices and which has been performed in accordance with the material manufacturers' recommendations and specifications. (81-Or-264, § 2, 10-30-81; 95-Or-004, § 1, 1-27-95; 2002-Or-066, § 16, 7-26-02; 2013-Or-176, § 16, 12-6-13)