justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.252. Installation permit required. A person may not install a manufactured dwelling or an accessory building or structure without first obtaining from the Department of Consumer and Business Services or a municipality as provided under ORS 446.250 all permits necessary for installing the manufactured dwelling or the accessory building or structure on a lot.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.253. Authority of director; authority of local governments. (1) The authority of the Director of the Department of Consumer and Business Services under ORS
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.255. Revocation of agreement with local government. (1) After written notice and hearing as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may revoke the certification of a local inspector certified under ORS 446.250, or the authority of a local government to enforce provisions of ORS 446.003, 446.111,
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.260. Notification by manufacturer of manufactured home defect; other disclosures; rules. (1) Every manufacturer of manufactured homes offered for sale or lease in this state shall furnish notification of any defect in any manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a federal manufactured housing construction or safety standard or constitutes an imminent safety hazard to the purchaser of the manufactured home, within a reasonable time after such manufacturer has discovered the defect. (2) The Director of the Department of Consumer and Business Services is authorized to adopt rules for notification required by subsection (1) of this section. The rules shall conform to notification and correction of defects and record keeping requirements of the Secretary of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). (3)(a) In addition to the notification required under subsection (1) of this section, the director may adopt rules to identify the disclosures required of a dealer or distributor prior to the sale of new manufactured dwellings more than eight feet six inches wide in travel mode. Disclosure required under this subsection shall be limited to information regarding permissible uses, roof snow loads and anchoring of manufactured dwellings. (b) The Department of Consumer and Business Services shall develop and make a standard disclosure available to dealers and distributors. The disclosure shall be completed in writing by the dealer or distributor prior to sale of an affected manufactured dwelling. The dealer or distributor shall present a completed disclosure to the purchaser for signature at the time of sale and provide a copy of the signed disclosure to the purchaser. The dealer or distributor shall retain the signed disclosure for not less than five years following the date of sale.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.271. Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.280. Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities. The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285,
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.310. Definitions for ORS 446.310 to 446.350. As used in ORS 446.310 to 446.350, unless the context requires otherwise: (1) Authority means the Oregon Health Authority. (2) Camping vehicle means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink or toilet. (3) Construction means work regulated by the state building code as defined in ORS 455.010. (4) Director means the Director of the Oregon Health Authority. (5) Health official means a local public health administrator as defined in ORS 431.003. (6) Hostel means any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and that is operated, managed or maintained under the sponsorship of a nonprofit organization that holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954 as amended. (7) Organizational camp includes any area designated by the person establishing, operating, managing or maintaining the same for recreational use by groups or organizations that include but are not limited to youth camps, scout camps, summer camps, day camps, nature camps, survival camps, athletic camps, camps that are operated and maintained under the guidance, supervision or auspices of religious, public and private educational systems and community service organizations. (8) Picnic park means any recreation park that is for day use only and provides no recreation vehicle or overnight camping spaces. (9) Recreation park means any area designated by the person establishing, operating, managing or maintaining the same for picnicking, overnight camping or use of recreational vehicles by the general public or any segment of the public. Recreation park includes but is not limited to areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association or common ownership and further includes, but is not limited to, those areas divided into two or more lots, parcels, units or other interests for purposes of such use. (10) Regulating agency means, with respect to a tourist facility, the Oregon Health Authority. (11) Tourist facility means any travelers accommodation, hostel, picnic park, recreation park and organizational camp. (12) Travelers accommodation includes any establishment, which is not a hostel, having rooms, apartments or sleeping facilities rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.315. Policy. It is the public policy of this state to encourage construction of recreation parks by public agencies and private industry to satisfy the demand for outdoor recreation while establishing standards for recreationists and landowners so that these parks are maintained in a safe and sanitary condition.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.317. Delegation of landlord duties; rules. (1) As used in this section: (a) Landlord means a tourist facility owner holding a license issued under ORS
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.320. (b) Tenant means a person, or a public body as defined in ORS 174.109, that: (A) Is not under common ownership, management or control with the landlord; (B) Rents or leases all or part of a tourist facility from a landlord for the purpose of operating an organizational camp, conference or other private gathering on one or more days during the term of the rental or lease; and (C) For the term of the rental or lease enjoys exclusive occupancy of the rented or leased part of the tourist facility. (2) The Oregon Health Authority shall adopt rules identifying duties under ORS
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.321. Fee for license; rules. (1) Every applicant for a license under ORS 446.320 shall pay to the Oregon Health Authority a fee established by the authority by rule. The fee may not exceed $100, except that recreation parks shall pay an additional fee not to exceed $3 for each space. (2) Rules adopted pursuant to subsection (1) of this section shall be adopted in accordance with ORS chapter 183.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.322. Issuance of license. Upon receipt of a completed application on an Oregon Health Authority form, required fee, and after representation by the applicant that the facility is in compliance with the provisions of ORS 446.310 to 446.350, and the rules adopted pursuant thereto, and the requirements of the Department of Consumer and Business Services, the authority shall issue a license, unless there is reason to believe noncompliance exists.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.323. Failure to apply for or renew license; transferability of license; refunds. (1) Any person failing to apply for licensing within 30 days after engaging in the recreation park or travelers accommodation business is delinquent and shall pay a penalty fee equal to the license fee plus the fee provided in ORS 446.321. (2) Any person, initially licensed under ORS 446.310 to 446.350 for engaging in the recreation park or travelers accommodation business who has failed to renew a license on or before the expiration date is delinquent. If delinquency extends 15 days past the expiration date, a penalty fee of 50 percent of the annual license fee shall be added. The penalty fee shall be increased by 50 percent of the license fee on the first day of each succeeding month of delinquency. (3) Licenses issued under ORS 446.310 to 446.350 shall not be transferable and no refund representing any unused portion of any license shall be made.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.324. Denial, suspension or revocation of license; civil penalty; hearing. (1) If any applicant for licensing or any person to whom a license has been issued fails to comply with the provisions of ORS 446.310 to 446.350 or with the rules adopted pursuant thereto, the Oregon Health Authority may deny issuance of, suspend or revoke the license or assess a civil penalty. (2) Hearings on the denial, suspension or revocation of a license or on assessing a civil penalty shall be conducted as a contested case in accordance with ORS chapter 183.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.325. Exemptions from license requirement. (1) Persons and public bodies, as defined in ORS 174.109, that operate transitional housing accommodations under ORS 197.746, timber companies and private utilities may not establish or operate a recreation park without complying with the rules of the Oregon Health Authority and securing the approval of the Director of the Oregon Health Authority or designee but are exempt from the licensing requirement of ORS 446.320. The director or designee may delegate, to a health official having sufficient environmental health specialists, the authority to approve such recreation parks. (2) ORS 446.310 to 446.350 do not apply to: (a) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities; (b) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other expedition, unless the expedition is part of an organizational camp program; or (c) Transitional housing accommodations.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.330. Rules. In accordance with ORS chapter 183, the Oregon Health Authority may adopt any rules necessary for the administration of ORS 446.310 to 446.350 and 446.990, including but not limited to rules, concerning the construction, operation and use of tourist facilities that are necessary to protect the health and welfare of persons using these facilities. The rules shall pertain but not be restricted to water supply, final sewage disposal, surface drainage, maintenance, insect and rodent control, garbage disposal, designation and maintenance of camping space and the cleanliness of the premises.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.335. Inspection of parks and camps; right of access; notice of reopening seasonal facility. (1) The Director of the Oregon Health Authority or designee may inspect every tourist facility to determine whether it conforms with ORS 446.310 to 446.350 and the rules adopted pursuant thereto. A person operating such facility shall permit the director or designee access to all of the facility at any reasonable time. (2) The operator of a seasonal facility which customarily is closed for 120 days or more in any 12-month period shall notify the director in writing of the intention to reopen at the beginning of a season. Notice shall be given at least 30 days prior to the reopening.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.340. Responsibility of owner or operator for sanitary conditions. (1) The owner or operator of a recreation park or organizational camp is responsible for the sanitary condition of the park grounds and buildings. (2) If sanitary facilities are not provided in a recreation park or organizational camp for the safe disposal of sewage or other wastes from a camping vehicle, a notice shall be posted in a conspicuous place stating that camping vehicles are permitted overnight only if the vehicles waste holding tanks are used. (3) Notwithstanding ORS 446.330, the Oregon Health Authority shall not require an owner or operator of a recreation park or organizational camp to provide both toilets and dumping stations.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.345. Prohibited acts. No person shall: (1) Use kitchen or toilet facilities in a camping vehicle being operated on a highway or parked overnight at a place where sanitary facilities are not provided unless the person makes provision whereby sewage and other waste materials can be held in watertight and sanitary containers of a type approved by the Oregon Health Authority. (2) Empty a container described in subsection (1) of this section except into a public sewerage system, septic tank or cesspool of a type approved by the authority. However, in isolated areas where space is not available in a recreation park or organizational camp and such facilities are not available, these containers may be emptied into the ground if all sewage and other waste materials are buried at least one foot below the surface of the ground. (3) When using a recreation park or organizational camp, create an insanitary condition or deposit putrescible or nonputrescible waste any place other than in appropriate containers designated for such purposes.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.347. Civil penalties; notice. (1) In addition to any other penalty provided by law, any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a tourist facility or part thereof may incur a civil penalty not to exceed $1,000 per violation. (2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.348. Determining amount of penalty; rules; schedule; factors. (1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. (2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to the water system. (c) The economic and financial conditions of the person incurring the penalty. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.349. Civil penalty. (1) Any civil penalty under ORS 446.348 shall be imposed in the manner provided in ORS 183.745. (2) Failure to remit civil penalty within 10 days after the order becomes final is grounds for license revocation. (3) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.350. Tourist Facility Account. All moneys in the account are appropriated continuously to the Oregon Health Authority for the purpose of administering and enforcing ORS 446.310 to 446.350.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.392. [2005 c.826 11; renumbered 456.422 in 2019] LICENSING OF INSTALLERS OF MANUFACTURED DWELLINGS OR CABANAS
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.395. License required; issuance; employment of nonlicensed installer prohibited. (1) Except as provided by rule by the Director of the Department of Consumer and Business Services, an individual must obtain an installer license under ORS 446.400 before installing a manufactured dwelling or cabana. (2) An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and Department of Consumer and Business Services rules adopted under ORS 446.003 to 446.240,
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.400. Procedures for licensing; fees. (1) The Department of Consumer and Business Services, subject to approval of the Residential and Manufactured Structures Board, shall issue licenses as provided by department rules adopted under ORS 455.117 to individuals to install manufactured dwellings and cabanas. The board may adopt classifications of installers including, but not limited to, temporary installer, limited installer and installer. (2) In determining the appropriate initial license and renewal fees for installers, the Director of the Department of Consumer and Business Services, with the approval of the board, shall ensure that the annual income to the department from license and renewal fees established under this section does not exceed one-third of the estimated total cost of administering and enforcing ORS
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.405. Complaint procedure; inspections; rules; fees; failure to obey order of department. (1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. The department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the Director of the Department of Consumer and Business Services, the department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance. (2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section. (3) If the installer fails to bring the installation into compliance as ordered, the department may suspend or revoke the installers license as provided under ORS 455.129. (4) If the installer fails to bring the installation into compliance, the department shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 and 446.395 to 446.420 and the rules adopted under ORS 446.003 and 446.395 to
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.410. Use of fees. Fees collected by the Department of Consumer and Business Services pursuant to ORS 446.003 and 446.395 to 446.420 shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.416. Civil penalty for violation of ORS 446.395 to 446.420 or related rules. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.395 to 446.420 or rules adopted for the administration and enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.420. License required to maintain action. An installer may not file a lien, or bring or maintain in any court of this state a suit or action, for compensation for the performance of any work requiring a license under ORS 446.003, 446.395 to 446.420 and 455.230 or for the breach of any contract for installation work which is subject to ORS 446.003, 446.395 to 446.420 and 455.230, unless the installer was: (1) Licensed under ORS 446.003, 446.395 to 446.420 and 455.230 at the time the installer bid or entered into the contract for performance of the work; and (2) Licensed continuously while performing the work for which compensation is sought. [1989 c.683 8] ADMINISTRATION
ORS Chapter 446 — Manufactured Dwellings and

ORS 446.423. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.