reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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 446.250 is in addition to the provisions of ORS chapter 455. Where the provisions of ORS 446.252 and this section conflict with the provisions under ORS chapter 455, the provisions of ORS 446.252 and this section shall control.
(2) Except as otherwise provided by this subsection, any municipality that establishes a program under ORS 455.148 or 455.150 to administer and enforce installations of manufactured dwellings and accessory buildings or structures shall assume full responsibility for permit issuance and inspections under that program including related electrical, plumbing, structural and mechanical installations for a manufactured dwelling and accessory buildings or structures as defined in ORS 446.003.
(3) The director may by order relieve a municipality from compliance with the requirements of subsection (2) of this section under the following conditions:
(a) Budget limitations of the municipality;
(b) Inadequate staffing of the municipality;
(c) Inability to contract services with another municipality; or
(d) Where the public is inconvenienced by increased cost, travel distance or time loss.
(4) The Department of Consumer and Business Services, subject to ORS chapter 183, may revoke any authority of a local government under ORS 455.148 or 455.150 to conduct inspections, administration or enforcement of manufactured dwelling alterations or installations of manufactured dwellings or accessory buildings or structures, if the director determines that the municipality is not effectively carrying out duties assumed by the municipality. [1989 c.1017 §3; 1991 c.226 §17; 1991 c.409 §6; 1993 c.744 §56; 1995 c.251 §7; 1997 c.205 §5; 2019 c.422 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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, 446.160, 446.176, 446.225 to 446.285 and 446.990, when it appears by competent evidence that the inspector or local government has consistently failed to act in the public interest in the enforcement of the provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990.
(2) Any proceedings under subsection (1) of this section shall be conducted pursuant to the provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.540, dealing with contested cases. [1975 c.546 §5a]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1975 c.546 §6; 1989 c.648 §26; 1991 c.226 §8; 1997 c.205 §6; 1999 c.59 §124; 2019 c.422 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.265

[1999 c.758 §6; 2019 c.411 §1; 2019 c.422 §13; 2021 c.18 §5; renumbered 197.746 in 2021]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [2001 c.411 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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, 446.310 to 446.350 and 446.395 to 446.420. [1975 c.546 §8; 1981 c.371 §1; 1987 c.414 §22a; 1989 c.527 §7; 1989 c.648 §28; 1991 c.226 §10; 1993 c.744 §56a; 1995 c.251 §8; 2005 c.621 §1; 2009 c.567 §30]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.285 - Advisory board training and education programs.

To assist the Director of the Department of Consumer and Business Services in administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974, and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential and Manufactured Structures Board may approve or conduct programs of training and education that maintain and advance the professional skills and abilities of persons engaged in manufacturing, delivery, installation, sale or service of manufactured dwellings. [1987 c.604 §14; 1989 c.648 §29; 1991 c.67 §119; 1991 c.226 §11; 1993 c.744 §57; 2009 c.567 §31; 2019 c.422 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §2; 1973 c.560 §13; 1981 c.749 §27; 1983 c.707 §8; 1985 c.809 §5; 1987 c.414 §23; 1997 c.259 §1; 2001 c.900 §194; 2005 c.22 §316; 2009 c.595 §812; 2015 c.736 §91]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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 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 446.310 to 446.350 that a landlord may contractually delegate to a tenant for the term of the rental or lease of a tourist facility. The authority may adopt rules specifying the form and format to be used in a contract under which a landlord delegates a duty to a tenant, including but not limited to the manner of setting forth the delegated duty.
(3) Notwithstanding ORS 446.320, if a contract delegates a duty identified in authority rules adopted under subsection (2) of this section and the contract form and format conforms with any specifications of the authority, the authority may not deny, suspend or revoke the tourist facility license of the landlord or issue the landlord a civil penalty under ORS 446.310 to 446.350, and the landlord may not be charged with a misdemeanor under ORS 446.990, due to:
(a) A failure of the tenant to properly perform the delegated duty during the term of the rental or lease of the tourist facility; or
(b) A failure of the landlord to inform the tenant of any delegated or nondelegated duty of the landlord or the tenant under ORS 446.310 to 446.350 or authority rules.
(4) Subsection (3) of this section does not apply if the failure of a tenant to properly perform a delegated duty during the term of a rental or lease is due to a tourist facility condition already existing at the beginning of the term and constituting a nonconformance with ORS 446.310 to 446.350 or authority rules. [2015 c.223 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.320 - Tourist facility license required.

(1) No person shall establish, operate, manage or maintain a tourist facility, without a license from the Director of the Oregon Health Authority.
(2) Organizational camps operated under rental or leasehold agreements may be licensed either to the landlord or to the tenant provided that the license holder shall be responsible for compliance with ORS 446.310 to 446.350 and the rules adopted thereunder. [1969 c.533 §3; 1973 c.560 §14; 1979 c.696 §4; 1979 c.789 §2a; 1983 c.707 §9; 2009 c.595 §813]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §12; 2005 c.22 §317; 2009 c.595 §814; 2019 c.510 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §13; 1985 c.809 §1; 1987 c.414 §24; 1993 c.744 §58; 1995 c.79 §223; 2009 c.595 §815]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §15; 2009 c.595 §816]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §4; 1983 c.707 §10; 1999 c.758 §8; 2003 c.547 §113; 2009 c.595 §817; 2019 c.411 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §5; 1973 c.560 §16; 1983 c.707 §16; 1985 c.809 §2; 2009 c.595 §818]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §6; 1973 c.560 §17; 1983 c.707 §17; 2009 c.595 §819]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.337

[1981 c.749 §26; 1983 c.707 §18; 1985 c.809 §4; renumbered 456.837 and then 455.680 in 1987]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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 vehicle’s 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. [1969 c.533 §7; 1973 c.560 §18; 2009 c.595 §820]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1969 c.533 §8; 1973 c.560 §19; 2009 c.595 §821]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §25; 2009 c.595 §822]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §26; 2009 c.595 §823]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1983 c.707 §27; 1989 c.706 §14; 1991 c.734 §26]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.350 - Tourist Facility Account.

The Tourist Facility Account is established in the General Fund of the State Treasury. All moneys received under ORS 446.310 to 446.350 by the Director of the Oregon Health Authority shall be credited to the 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. [1969 c.533 §9; 1973 c.560 §20; 1983 c.707 §19; 2009 c.595 §824]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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, 446.395 to 446.420 and 455.117.
(3) Installer licenses may be issued only to individuals.
(4) A person may not employ any individual to install a manufactured dwelling or cabana unless the individual is licensed by the department to perform the work and complies with ORS 446.003 to 446.240 and 446.395 to 446.420 and rules adopted under ORS 446.003 to 446.240, 446.395 to 446.420 and 455.117.
(5) Licenses issued pursuant to ORS 446.395 to 446.420 and department rules adopted under ORS 455.117 are not transferable. [1989 c.683 §3; 1991 c.226 §12; 1993 c.744 §59; 2005 c.758 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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 446.003 and 446.395 to 446.420.
(3) Fees collected by the department pursuant to this section 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. [1989 c.683 §4; 1991 c.67 §120; 1991 c.226 §13; 1993 c.744 §60; 1995 c.251 §9; 2001 c.710 §6; 2005 c.758 §9; 2009 c.567 §32]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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 installer’s 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 446.420. The dealer is responsible to bring only those installation activities into compliance that the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the installation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by ORS 446.416.
(5) Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 to 183.497 and this section. [1989 c.683 §5; 1991 c.226 §14; 1993 c.744 §61; 2001 c.411 §14; 2005 c.758 §10; 2013 c.324 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [1989 c.683 §6; 1993 c.744 §62; 2001 c.411 §15; 2001 c.710 §7a]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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. [2001 c.411 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.423 - Use of moneys.

Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously appropriated to the Department of Consumer and Business Services for carrying out any of the duties, functions and powers of the department under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and rules adopted thereunder. [2001 c.710 §1; 2003 c.655 §74a; 2003 c.675 §7; 2017 c.364 §2]
Note:
446.423 was 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.425 - Delegation to county to administer certain sanitation laws; fees.

(1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners which requests any of the duties and functions of the director under ORS 446.310, 446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.
(2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the authority for consultation service and maintenance of the statewide program.
(3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.560 §21a; 1975 c.790 §1; 1975 c.793 §14; 1983 c.250 §1; 1983 c.370 §3; 1983 c.707 §20; 2009 c.595 §825; 2015 c.736 §92]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.430 - Delegation to county or city to administer rules regulating parks; fees.

(1) The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee collection, plan review, inspections, enforcement and issuance and revocation of permits in compliance with standards for enforcement by the counties or cities and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county or city officials and in accordance with ORS 446.062. The department shall review and monitor each county’s or city’s performance under this subsection. In accordance with ORS chapter 183, the department may suspend or rescind a delegation under this subsection. If it is determined that a county or city is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section.
(2) The county or city may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county or city, quarterly, shall remit 15 percent of the collected fees to the department for monitoring county or city programs and for providing informational material necessary to maintain a uniform state program.
(3) The department shall be made a party to any action, suit or proceeding arising out of county or city administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the department. [1983 c.707 §20b; 1987 c.414 §25; 1993 c.744 §64]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.435 - Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites.

Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to:
(1) 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; or
(2) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition, unless such expedition is a part of an organizational camp program. [1981 c.650 §4]
Note:
446.435 was 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.440 - Application of condominium provisions to parks.

(1) The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter.
(2) Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purposes of local zoning and planning provisions. [1987 c.459 §40; 1989 c.648 §30]
Note:
446.440 was 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.515

[1989 c.918 §2; 2005 c.619 §24; 2019 c.625 §15; renumbered 456.407 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.525

[1989 c.918 §3; 1999 c.676 §28; 2007 c.71 §134; 2007 c.906 §43; 2015 c.217 §2; 2019 c.533 §2; 2019 c.625 §§17,23; renumbered 456.418 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.533

[1989 c.918 §4; 2007 c.217 §3; 2019 c.625 §3; renumbered 456.414 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.543

[1989 c.918 §8; 1995 c.28 §1; 1997 c.577 §45; 1999 c.676 §29; 2003 c.21 §3; 2005 c.22 §318; 2007 c.906 §9; 2019 c.625 §4; renumbered 456.403 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.561 - Definitions for ORS 446.566 to 446.646.

As used in ORS 446.566 to 446.646:
(1) Except as provided in subsection (2) of this section, "manufactured structure" means:
(a) A manufactured dwelling. As used in this paragraph, "manufactured dwelling" has the meaning given that term in ORS 446.003 and also includes a structure that would meet the definition in ORS 446.003 except that the structure is being used for other than residential purposes.
(b) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide.
(2) "Manufactured structure" does not include a mobile modular unit as defined in ORS 308.866 or an implement of husbandry as defined in ORS 801.310. [2003 c.655 §8; 2019 c.422 §15; 2019 c.585 §10a]
Note:
446.561 to 446.646 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.566 - Ownership document contents.

The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services:
(1) All ownership interests, for a manufactured structure sold in this state.
(2) A change in location, for a manufactured structure that has been sited in this state.
(3) The manufactured structure identification number as described by department rule.
(4) The manufacturer’s name and, if available, the model of the manufactured structure.
(5) The identifying physical characteristics of the manufactured structure, including but not limited to the total square footage of the living area, type of siding, type of roof, number of bedrooms, number of bathrooms and types of heating and cooling.
(6) If the ownership document is issued due to sale of the manufactured structure, the most recent sales price and date of sale for the manufactured structure.
(7) Any other information required by department rule. [2003 c.655 §9; 2007 c.502 §1]
Note:
See note under 466.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.568 - Provision of certain ownership document information to Department of Consumer and Business Services.

(1) Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the department if the dealer complies with an instruction from the purchaser to provide the information to a lender, escrow agent, title company or other designee of the purchaser. A lender, escrow agent, title company or other designee of the purchaser that receives the information described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall provide the information to the department. However, the provision of information described in ORS 446.566 (3) to (7) to the purchaser does not excuse a manufactured structure dealer from the duty to provide the information to the department.
(2) If the manufactured structure is sold by or otherwise acquired through a person other than a manufactured structure dealer, the information described in ORS 446.566 (3) to (7) shall be provided to the department:
(a) By the seller if title is being transferred by a sale;
(b) By the person to whom the ownership interest is being transferred if title is being transferred by operation of law; or
(c) By the owner if the owner will have a recorded ownership interest in the manufactured structure after issuance of the ownership document. [2007 c.502 §3]
Note:
See note under 446.561.