justicedao/ipfs_state_laws huggingface dataset:
808-002-0870 Respondent “Respondent” as used in this chapter, means a landscape contracting business that a claim is filed against under ORS 671.690 to 671.710 or that the board proposes to impose a penalty against under 671.510 to 671.625 and 671.950 to 671.992. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 - 671.710 History: LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 5-2002, f. & cert, ef, 12-4-02, Renumbered from 808-002-0670 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-002-0872 Retaining Walls Landscape "retaining walls" as used in ORS 671 and this chapter is a structure designed to a height exceeding six (6) inches from the lowest finish grade and constructed to resist the lateral pressure of soil, when there is an actual, or desired change in ground elevation that exceeds the angle of repose of the soil. Statutory/Other Authority: ORS 671.760 & ORS 670.310 Statutes/Other Implemented: ORS 671.520 & ORS 671.540 History: LCB 5-2019, adopt filed 09/24/2019, effective 09/24/2019
808-002-0875 Rough Grading “Rough grading,” for purposes of ORS 671.540(1)(e), means the movement of earth by cutting and/or filling of a site to establish proper sub-grade elevations prior to the preparation and establishment of the final grade for seed beds or tree or shrub planting. Rough grading does not include grading done by raking or other mechanical means to establish a grade that is suitable for planting. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.540(5) History: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-002-0880 Sod and Seed "Sod and Seed" means planting grass seed, vegetative parts or laying sod. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.520 History: LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010 LCB 1-1999, f. & cert. ef. 2-11-99 LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99 LCB 1-1998, f. & cert. ef. 2-6-98 LSCB 2-1997, f. & cert. ef. 11-3-97 LCB 4-1993, f. & cert. ef. 11-1-93 LCB 1-1993, f. & cert. ef. 1-19-93 Reverted to LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92 LCB 3-1992(Temp), f. & cert. ef. 7-16-92 LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 LCB 1-1991, f. & cert. ef. 7-22-91 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0010 LC 1-1986, f. & ef. 1-3-86 LC 1-1985, f. & ef. 7-1-85 LC 2-1984, f. & ef. 10-2-84 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77 Sunset on 09-28-2017 [LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LC 2-1984, f. & ef. 10-2-84; LC 1-1985, f. & ef. 7-1-85; LC 1-1986, f. & ef. 1-3-86; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; Renumbered by LCB 3-1999 f. & cert. ef. 11-17-99]
808-002-0881 Trees "Trees" as used in ORS 671.520(1), ORS 671.690(3)(d) and OAR Chapter 808:¶ (1) For the purpose of pruning, a tree is defined as a woody plant usually having a dominant trunk, or trunks, with a diameter of 4 inches at a point 4.5 feet above the ground and a height greater than 15 feet (4.5 meters) at the time of pruning. (2) For the purpose of planting, a tree is defined as a woody plant usually having a dominant trunk, or trunks, and a mature height greater than 15 feet (4.5 meters), and which generally has few or no branches on its lower part, and is crowned with a head of branches and foliage or, as in palms, of foliage only. Tree planting excludes the following: (a) Patio trees less than 15 feet tall. Patio trees are small trees, often created from plants that are naturally shrubs, which lend a formal accent to the landscape. Patio trees are trained up onto a stake from the time they are very young and are grown to reach a maximum of three to four feet of trunk height; (b) Shrubs trained as trees regardless of height; and (c) Hedges, including but not limited to, arbor vitae and English Laurel regardless of height. Statutory/Other Authority: ORS 671.670 & ORS 671.310 Statutes/Other Implemented: ORS 671.520 & ORS 671.690 History: LCB 1-2022, adopt filed 01/26/2022, effective 02/01/2022
808-002-0882 Under Contract for the Construction of a New Dwelling “Under contract for the construction of a new dwelling” as used in ORS 671.540(1)(h) means a residential general contractor has agreed, pursuant to a written contract, to construct a new residential dwelling for the owner in a location on the property where a structure did not previously exist or the existing structure is completely demolished, including the foundation, and removed prior to the new construction. For the purposes of this rule, remodeling or modifying an existing structure is not considered construction of a new dwelling. Statutory/Other Authority: ORS 183.310, 671.670 & 2009 OL Ch. 483 Statutes/Other Implemented: ORS 671.520 & 671.540 History: LCB 13-2009, f. 12-23-09, cert. ef. 1-1-10
808-002-0885 Valid "Valid," as used in ORS 671.530 and OAR Chapter 808, means a landscape contracting business license or a landscape construction professional license that is active. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.530(1) History: LCB 2-2010, f. & cert. ef. 6-1-10 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-002-0890 Warranty work "Warranty work" is work done pursuant to an agreement that warrants the quality of the work upon any portion of a project for the purpose of making corrections or repairs to the work described by the contract and supplemental agreements, whether or not final payment has been made by the consumer. Statutory/Other Authority: ORS 670 & 671 Statutes/Other Implemented: ORS 671 History: LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04
808-002-0895 With the Intent of Offering for Sale Evidence “with the intent of offering for sale” as used in ORS 671.540(1)(f) and (g) includes, but is not limited to, the following: (1) The owner has posted or otherwise made known through the use of a sign, advertisement, device, or any other method that indicates to the public that the property is for sale. If the owner of the property removes the signage, advertisement, device or other method of indicating the property is for sale, that action alone does not remove the fact that there was an intent to sell property; (2) The property is listed as “for sale” with a real estate firm or if the property is “for sale by owner” there is an intent to sell; (3) The property is being offered as a “lease with option to purchase” or other similar wording; or (4) The owner who performed landscaping work on the property or arranged to have the landscaping work performed on the property: (a) Does not occupy, rent or lease the property for a period of 6 months or more after the completion of the landscaping work; and (b) Sells such property within two years of completion of the landscaping work. Statutory/Other Authority: ORS 183.310, 671.670 & 2009 OL Ch. 483 Statutes/Other Implemented: ORS 671.520 & 671.540 History: LCB 13-2009, f. 12-23-09, cert. ef. 1-1-10
808-002-0920 Work Period "Work Period" as used in OAR 808-004-0320 and 808-004-0600 means the time period from the date a landscape contracting business accepts a payment, offers a written or verbal proposal which is later accepted as a contract or enters into a contract or begins construction, whichever occurs first, until the date the work is completed as defined in OAR 808-002-0280 or the landscape contracting business ceases work. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.710 History: LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 3-1999, f. & cert. ef. 11-17-99
808-003-0010 Written Advertising (1) Written advertising for licensed landscape contracting businesses: (a) All written advertising, except telephone and internet directory line listings and uniforms, shall include the landscape contracting business license number. The landscape contracting business license number in a written advertisement shall be capable of being read (legible) and clearly visible. (b) Advertising shall include, but not be limited to: (A) Newsprint classified advertising and newsprint display advertising for work subject to ORS 671.510 through 671.710; (B) Telephone or internet directory space ads, or display ads; (C) Business cards; (D) Business flyers; (E) Business letterhead; (F) Business signs; (G) Contracts, proposals, estimates, bids and invoices; (H) Vehicles and trailers with signage; and (I) Websites (at least on the homepage, the footer or the contact us page, if available). (c) A landscape contracting business that holds a valid license shall not advertise for landscaping work outside the scope of the license. (d) Effective January 1, 2016, a vehicle sticker issued by the State Landscape Contractors Board does not constitute meeting the requirement to have the landscape contracting business license number on a vehicle or trailer. (2) Written advertising for unlicensed persons. No person may attempt to mislead a potential landscape construction business consumer by: (a) holding themselves out as a licensed landscape construction professional or as a licensed landscape contracting business; and (b) offering to perform the landscape contracting services listed in ORS 671.520 or OAR 808-002-0500 for compensation or with the intent to be compensated without a license issued pursuant to ORS 671.510 to ORS 671.710 and ORS 671.990 and ORS 671.997. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 671.530 History: LCB 5-2019, amend filed 09/24/2019, effective 09/24/2019 LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15 LCB 4-2010, f. & cert. ef. 6-2-10 LCB 2-2010, f. & cert. ef. 6-1-10 Reverted to LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2009(Temp), f. & cert. ef. 10-14-09 thru 4-11-10 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0012 LC 1-1984, f. & ef. 7-17-84 LC 1-1980, f. & ef. 2-5-80
808-003-0020 Business Names (1) A partnership, corporation, limited liability company, limited liability partnership, joint venture, professional corporation, assumed business name or other business entity shall be registered to do business in Oregon with the Corporation Division of the State of Oregon. (2) Every licensed landscape contracting business entity that changes its name or registers for an assumed business name with the Corporation Division of the State of Oregon and every sole proprietor that changes his or her surname, must notify the agency within 30 days of assuming, filing or registering the new name. (3) An actively licensed landscape contracting business that does not register or maintain registration as required by the Corporation Division of the State of Oregon shall have the license suspended or not renewed until properly registered with the Corporation Division of the State of Oregon. (4) An applicant for a landscape contracting business license that does not register as required by the Corporation Division of the State of Oregon shall not be issued a landscape contracting business license. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 671.560 History: LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0033 LC 1-1984, f. & ef. 7-17-84
808-003-0025 Alternative Experience (1) An applicant will be deemed to have qualifying experience under ORS 671.570(2) if the applicant submits documentation verifying they have: (a) Two years of related landscaping experience; or (b) Successful completion of the Landscape Industry Certified Technician - Exterior program administered by the Oregon Landscape Contractors Association (OLCA) or another entity licensed to the National Association of Landscape Professionals; or (c) An Associate, Bachelors or Masters Degree in horticulture or other related fields from an accredited school or college, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or (d) A Certificate in horticulture or other related fields from an accredited school or college that requires a minimum of 72 credit hours, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or (e) A current certification with the International Society of Arboriculture (ISA) as a Certified Arborist; or (f) A current membership as a Certified Professional Member of APLD; or (g) Completion of an Oregon Drinking Water Program approved Backflow Assembly Tester five (5) day course or a current Oregon Backflow Assembly Tester certification; or (h) Any other landscaping related certified membership on an individual basis to be determined by the Board. (2) Military Experience, Training and Education (a) Military experience, training, and education may be considered as qualifying experience under ORS 671.570(2) under this rule if it is evaluated by the Joint Services Transcript (JST) and the Board determines that it is substantially equivalent to the requirements in ORS 671.570(1). (b) The Board will determine the amount of education credit, if any, the military training, experience, and education will be given towards qualifying the applicant for licensing as a landscape construction professional. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 5-2016, f. & cert. ef. 5-23-16 LCB 14-2011, f. 12-29-11, cert. ef. 1-1-12 LCB 2-2005, f. & cert. ef. 4-5-05 LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 2-1998, f. & cert. ef. 4-30-98 LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0016 LC 1-1985, f. & ef. 7-1-85
808-003-0030 Expiration of Application; Change of Application Applicants who fail to complete the license process within the following time periods must submit a new application and fee and, if applicable, retake and pass the exam. (1) A landscape contracting business license application will expire one year from the date the application was received by the agency. (2) An individual landscape construction professional license application will expire two years after the last examination sitting or two years after the application was received by the agency, whichever is later. Exam results are subject to OAR 808-003-0730, 808-003-0820,808-003-0930. (3) An applicant for a landscape construction professional license under Oregon Revised Statute Chapter 671 is encouraged to submit all documentation and pass the specific exam sections by the application expiration deadlines when the circumstances allow them to complete that process. (4) An individual landscape construction professional application for a Probationary All Phase Plus Backflow license will expire two years after the application is received by the agency or, one year after the first sitting for any section of the exam, whichever is first. Exam results are subject to OAR 808-003-0730(1). (5) An applicant for a Probationary All Phase Plus Backflow license may submit another application for a Probationary All Phase Plus Backflow license after the previous application has expired. Exam results are subject to OAR 808-003-0730(1). (6) An applicant that applied for a Probationary All Phase Plus Backflow license may submit an application for a regular landscape construction professional license at any time prior to being issued a probationary license along with the required documentation pursuant to ORS 671.570 or OAR 808-003-0025. If a Probationary All Phase Plus Backflow license is issued the licensee must comply with 808-003-0045(5) to obtain removal from probationary status. Exam results are subject to 808-003-0730, 808-003-0820,808-003-0930. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.670 History: LCB 2-2023, amend filed 03/21/2023, effective 04/01/2023 LCB 9-2020, amend filed 09/21/2020, effective 09/22/2020 LCB 2-2016, f. & cert. ef. 5-23-16 LCB 15-2011, f. 12-29-11, cert. ef. 1-1-12 LCB 2-2008, f. & cert. ef. 6-2-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0017 LC 1-1984, f. & ef. 7-17-84 LC 1-1980, f. & ef. 2-5-80
808-003-0035 License Categories (1) Licenses may be issued only for the following:¶ (a) All Phase Plus Backflow;¶ (b) Planting; ¶ (c) Standard;¶ (d) Irrigation Plus Backflow Prevention.¶ (e) Probationary All Phase Plus Backflow; (f) Modified; and (g) Arborist.¶ (2) Except as set forth in section (3) of this rule, the following previously-issued limited licenses shall remain valid so long as the licensee continues to renew the license:¶ (a) Irrigation;¶ (b) Sod & Seed; and¶ (c) Trees.¶ (3) The "All Phase" license shall include standard (which includes planting), irrigation, and Backflow Prevention, unless, in lieu of Backflow Prevention, the landscape construction professional has signed an agreement with the Board prior to April 30, 1996 stating that the contractor will not perform Backflow Prevention work, with the penalty for violation of the agreement being $1,000 and suspension of the landscaping contracting business license and the landscape construction professional contractor license who is the phase basis of the landscaping contracting business. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 11-2020, amend filed 12/02/2020, effective 01/01/2021 LCB 1-2019, amend filed 01/28/2019, effective 02/01/2019 LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14 LCB 3-2008, f. & cert. ef. 4-11-08 LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCCB 3-2007, f. & cert. ef. 8-1-07 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-1999, f. & cert. ef. 2-11-99 LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99 LSCB 2-1997, f. & cert. ef. 11-3-97 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94 LSCB 1-1994, f. 5-26-94, cert. ef. 6-1-94 LCB 2-1993, f. & cert. ef. 2-1-93 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0020 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-003-0045 Change to Limited Licenses; Removal from Probationary Status (1) If the phase of license for a landscape contracting business license changes, the landscape contracting business must immediately stop advertising for or performing those phases of landscaping work for which the business no longer holds a license. (2) Probationary license holders may obtain removal from probationary status by: (a) Demonstrating one or more of the following after the date of obtaining the probationary license: (A) Completion of 24 months or more of employment with an actively licensed landscape contracting business under the direct supervision of a non-probationary licensed landscape construction professional, (B) Completion of 24 months or more as an owner or employee of an actively licensed landscape contracting business providing supervision as described in ORS 671.540(1)(q) or 671.565(1)(b) for a period of 24 months where the landscaping work performed on any landscape job by the landscape contracting business did not exceed $15,000 and where the landscape contracting business filed and maintained with the board a bond, letter of credit or deposit in the amount of $15,000, or (C) Completion of 24 months or more as an actively licensed construction contractor under ORS Chapter 701. (b) Submitting a written request to the board for removal of the probationary status. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 671.560 History: LCB 2-2016, f. & cert. ef. 5-23-16 LCB 1-2015, f. 1-21-15, cert. ef. 2-1-15 LCB 9-2014(Temp), f. & cert. ef. 9-25-14 thru 3-24-15 Reverted to LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14 LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14 LCB 3-2014(Temp), f. 2-21-14, cert. ef. 3-1-14 thru 8-28-14 LCB 2-2013, f. 5-31-13, cert. ef. 6-1-13 LCB 7-2010, f. & cert. ef. 10-25-10 LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09 LCB 10-2008, f. & cert. ef. 11-6-08 LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08 LCB 8-2008, f. & cert. ef. 9-5-08 LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03 LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0022 LC 1-1984, f. & ef. 7-17-84