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 446.571 - Ownership document application; records; notice of security interest.

(1)(a) Except as provided in paragraph (b) of this subsection, the owner of a manufactured structure shall apply to the Department of Consumer and Business Services for an ownership document. Upon receipt of an application in appropriate form as described in ORS 446.736 (2), the Department of Consumer and Business Services shall issue an ownership document for a manufactured structure. Except as provided in ORS 308.875, a manufactured structure for which an ownership document is issued is subject to assessment and taxation as personal property under the ad valorem tax laws of this state.
(b)(A) For a new manufactured structure, except as provided in subparagraph (C) of this paragraph, the application must be filed on behalf of the owner by the manufactured structure dealer as provided in ORS 446.736, by a lender or by an escrow agent as provided in ORS 446.591.
(B) For a used manufactured structure, except as provided in subparagraph (C) of this paragraph, the owner must file the application with the county assessor for the county in which the manufactured structure is sited.
(C) If a dealer, lender or escrow agent refuses to file an application as required by subparagraph (A) of this paragraph, or if a county assessor refuses to accept an application in appropriate form as required by subparagraph (B) of this paragraph, the owner may file an application for an ownership document directly with the department.
(2) The department shall maintain ownership records on manufactured structures for which the department has issued ownership documents. The department shall maintain a record of ownership documents or other documents evidencing ownership that have been canceled.
(3) The department shall note all security interests in the manufactured structure on the ownership document and in the records maintained by the department pursuant to subsection (2) of this section. The recording of the security interests in the records maintained by the department is constructive notice of the interests.
(4) The department shall send the ownership document to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to the county assessor for the county in which the manufactured structure is being sited.
(5) If an interest in a manufactured structure other than an ownership interest is satisfied or assigned, the holder of the interest shall notify the department. If the holder of the satisfied interest is in possession of the ownership document for the structure, the holder shall return the ownership document to the department. The department shall adjust the ownership document and send the adjusted ownership document and copy as described in subsection (4) of this section. [2003 c.655 §11]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.576 - Manufactured structures not requiring ownership document or recording in county deed records.

(1) Notwithstanding ORS 446.566 and 446.571, the following manufactured structures do not require an ownership document and need not be recorded in county deed records:
(a) Manufactured structures owned by the United States Government.
(b) Manufactured structures held as inventory by the manufacturer or a licensed manufactured structure dealer.
(c) Manufactured structures exempted under ORS 446.621 (2).
(2) Notwithstanding ORS 446.566 and 446.571, an ownership document is not required for a manufactured structure recorded in the county deed records as provided in ORS 446.626. [2003 c.655 §10]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.581 - Abandoned structure ownership transfer; rules.

The Department of Consumer and Business Services shall adopt rules to provide for the transference of an ownership document for an abandoned manufactured structure to a landlord pursuant to ORS 90.425 or 90.675 and ORS 446.616 (2). [2003 c.655 §12]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.586 - Definitions for ORS 446.586 to 446.606.

As used in ORS 446.586 to 446.606:
(1) "Holder or other person" means the manufactured structure owner or other person having an interest in the structure as indicated in the records of the Department of Consumer and Business Services.
(2) "Last-known address" means:
(a) The address of a holder or other person that is the intended recipient of a notice described in ORS 446.591 (4) as set forth in an ownership document, financing statement or other documentation;
(b) If the address for the intended recipient of the notice is not shown on a document or statement, the address of the intended recipient’s principal place of business; or
(c) If the address for the intended recipient of the notice is not shown on a document or statement and the intended recipient does not have a principal place of business, the address of the intended recipient’s residence. [2003 c.655 §13]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.591 - Exception to requirement for submitting information; application by escrow agent.

An ownership application, information described in ORS 446.736 or an ownership document or other document evidencing ownership and any release thereon under ORS 446.571, 446.616 or 446.641 does not need to be submitted to the Department of Consumer and Business Services as a condition for the department recording an ownership interest in a manufactured structure if all of the following conditions are met:
(1) The transaction involves the sale of a manufactured structure or the creation or transfer of a security interest in a manufactured structure and is processed by an escrow agent licensed in this state.
(2) Debt secured by a security interest in the manufactured structure has been or will be paid in full by the escrow agent as part of the agent’s processing of the transaction.
(3) The escrow agent sends the written notice, in the form described in ORS 446.596, at least 30 days prior to the application for issuance of a replacement or original ownership document or for changes to an ownership document.
(4) The escrow agent mails a notice described in ORS 446.596 to the holder or other person that is responsible for furnishing the application information, ownership document, other document evidencing ownership, or release of interest, and mails a copy of the notice to any person who has perfected a security interest under ORS chapter 79 in the inventory of a dealer selling the structure.
(5) The escrow agent provides the Department of Consumer and Business Services with an application as provided by department rule for an ownership document. The application must be signed by the transferee, if any, and contain any information required by the department, including but not limited to the following information:
(a) A description of the manufactured structure, including the identification number as described by department rule.
(b) The name of the transferee, if any.
(c) A recital that the escrow agent did not receive the requested documents and did not receive a written objection from the holder or other person. [2003 c.655 §14]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.596 - Notice provided by escrow agent; contents.

The escrow agent shall send the notice under ORS 446.591 (4) by certified mail with return receipt requested and by first class mail, both with postage prepaid, to the last-known address of the holder or other person responsible for furnishing the documents and of any person having a perfected security interest. The notice must:
(1) Contain a description of the manufactured structure, including the year of manufacture, the make and the identification number as described by rule of the Department of Consumer and Business Services;
(2)(a) State that the debt or other obligation owed to the holder or other person has been paid and satisfied and specify the date and amount of the final payment; or
(b) State that at or prior to the time that the security interest or other interest of the holder or other person in the manufactured structure is terminated, the escrow agent will fully pay and satisfy the debt or other obligation owed to the holder or other person;
(3) State that, unless the escrow agent receives the appropriate documents within 30 days after the notice is received by the owner or other person responsible for providing or releasing the documents, an application for issuance of a replacement or original ownership document or for changes to an ownership document will be made to the Department of Consumer and Business Services as described in ORS 446.591 (5); and
(4) State that, if the escrow agent receives from the holder or other person a written objection to provision or release of the requested documents, the escrow agent will not apply for the issuance or replacement of or changes to the ownership document unless the objection is withdrawn or the escrow agent receives the documents from the holder or other person. [2003 c.655 §15]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.601 - Treatment of application provided by escrow agent.

(1) The Department of Consumer and Business Services shall treat an application described in ORS 446.591 (5):
(a) As an application for issuance of a replacement or original ownership document that reflects the sale of the manufactured structure or the creation or transfer of the security interest, or as an application to make other changes to an ownership document consistent with the transaction;
(b) As satisfactory proof that any previously issued ownership document for the manufactured structure is not available; and
(c) As a release of any perfected security interest in the manufactured structure by the holder or other person responsible for providing the application information, ownership document or other document evidencing ownership, or a release thereon.
(2) Upon receipt of an application described in ORS 446.591 (5) and the payment of appropriate fees, the department may issue a replacement or original ownership document for the manufactured structure, add or delete a security interest or make any other changes consistent with the transaction. The department shall send the ownership document to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner. The department shall also send a copy of the ownership document to the county assessor for the county in which the manufactured structure is sited or being sited. [2003 c.655 §16]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.606 - Prohibition on providing application; escrow agent fees; action for damages.

(1) An escrow agent may not provide an application to the Department of Consumer and Business Services under ORS 446.591 (5) if the agent has received a written objection in response to the notice provided under ORS 446.596.
(2) An escrow agent may charge the person owning the manufactured structure under the replacement ownership document a reasonable fee for services provided in compliance with ORS 446.591 and 446.596.
(3) In addition to any other remedy provided by law, a person may bring an action against an escrow agent for damages sustained by the person due to the negligence or willful misconduct of the escrow agent in complying with ORS 446.591 and 446.596. [2003 c.655 §17]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.636 - Manufactured structure trip permits.

(1) For a new manufactured structure, the manufactured structure dealer must obtain the trip permit on behalf of the owner. If the dealer fails to obtain the trip permit prior to the scheduled moving date, the vehicle transporter must obtain the trip permit on behalf of the owner.
(2) For a used manufactured structure, the owner must obtain a trip permit from the county assessor for the county in which the manufactured structure is sited.
(3) Notwithstanding subsections (1) and (2) of this subsection, if a dealer or vehicle transporter refuses to obtain a trip permit as required by subsection (1) of this section, or if a county assessor refuses to issue a trip permit to an owner who has complied with ORS 446.631, the owner may apply directly to the Department of Consumer and Business Services for a trip permit.
(4) The department may issue trip permits in bulk to a manufactured structure dealer or vehicle transporter. [2003 c.655 §22a]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.646 - Department of Consumer and Business Services rules; fees; county as agent of department.

(1) The Department of Consumer and Business Services may adopt rules necessary for carrying out the duties, functions and powers of the department under ORS 446.566 to 446.646.
(2) Except as provided in subsection (4) of this section, the department shall adopt appropriate fees to cover the cost of services rendered under ORS 446.566 to 446.646 by the department and by a county as agent for the department. The department may not vary the fee for issuance or renewal of an ownership document, or for removal of a manufactured structure from the ownership document system, based upon the applicant’s status as an owner, dealer or escrow agent.
(3) A county carrying out functions under ORS 446.566 to 446.646 related to manufactured structure ownership documents and trip permits is an agent of the department with regard to those functions.
(4) Unless the department adopts a different fee pursuant to subsection (2) of this section, the fee amount:
(a) For issuance of an ownership document is $55.
(b) For issuance of a trip permit is $5. [2003 c.655 §23a]
Note:
See note under 446.561.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.661 - Definitions for ORS 446.661 to 446.756.

As used in ORS 446.661 to 446.756:
(1) "Dealer" has the meaning given that term in ORS 446.003.
(2) "Insured institution" has the meaning given that term in ORS 706.008.
(3) "Manufactured dwelling" has the meaning given that term in ORS 446.003.
(4) "Manufactured structure" means:
(a) A manufactured structure, as defined in ORS 446.561; or
(b) A recreational vehicle, as defined in ORS 174.101, that is more than eight and one-half feet wide. [2003 c.655 §24; 2011 c.166 §2; 2019 c.585 §11a]
Note:
446.661 to 446.756 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 446.666 - Regulation of dealers, dealerships and salespersons; inspection of records; rules.

The Department of Consumer and Business Services:
(1) Shall adopt reasonable rules for regulating manufactured structure dealers and dealerships and maintaining accurate records of manufactured structure ownership and location. The rules may include, but need not be limited to, rules governing the issuance, renewal, suspension, revocation or cancellation of licenses issued under ORS 446.691 and 446.696 and for temporary or limited manufactured structure dealer licenses issued under ORS 446.701 or 446.706, rules for placement of dealers on probation under ORS 446.741, rules establishing standards of practice and conduct for manufactured structure dealers and rules for processing transfers of interests in manufactured structures.
(2) May inspect manufactured structure dealer records and manufactured structures in the possession of a dealer for purposes of administering and enforcing ORS 446.661 to 446.756 and rules of the department.
(3) May examine an application for a manufactured structure dealer license and make an individual investigation relative to statements contained in the application.
(4) May adopt rules regulating manufactured dwelling salespersons, including but not limited to rules governing the ability to engage in the occupation of manufactured dwelling salesperson. [2003 c.655 §25]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.671 - Acting as manufactured structure dealer without license; penalty.

(1) Except as provided in ORS 446.676, a person commits the crime of acting as a manufactured structure dealer without a license if the person does not have a valid, current manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary or limited manufactured structure dealer license issued under ORS 446.701 or 446.706 and the person:
(a) Sells, brokers, trades or exchanges a manufactured structure, or offers to sell, trade or exchange a manufactured structure, either outright or by means of any conditional sale, consignment or otherwise;
(b) Displays a new or used manufactured structure for sale; or
(c) Acts as an agent for the owner of a manufactured structure to sell the structure or for a person interested in buying a manufactured structure to buy the structure.
(2) Acting as a manufactured structure dealer without a license is a Class A misdemeanor. [2003 c.655 §26; 2005 c.22 §322]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.681 - Enjoining unlicensed dealers.

The Department of Consumer and Business Services may petition a circuit court for an injunction or other relief against a person dealing in manufactured structures in violation of ORS 446.671. If the court grants the petition, the court shall award reasonable costs and disbursements and attorney and enforcement fees. [2003 c.655 §42]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.686 - Notice of proceeding against alleged unlicensed dealer.

(1) If the Department of Consumer and Business Services proceeds under ORS 446.681 or 455.895, the department may post a notice on any manufactured structure held in inventory by a person alleged to be acting as a manufactured structure dealer without a license. The notice must state that the person offering the manufactured structure for sale is currently the subject of a proceeding to determine whether the person has a manufactured structure dealer license and that it may be unlawful for the person to sell the manufactured structure to a retail customer.
(2) A person may remove a notice posted in accordance with subsection (1) of this section only upon authorization by the department. The department shall authorize removal within 10 days after any one of the following occurs:
(a) The dismissal or termination of the proceeding instituted under ORS 446.681 or 455.895;
(b) Full payment of any lawfully owing civil penalty and compliance with ORS 446.661 to 446.756; or
(c) A finding by the department or a court that the manufactured structure is being offered for sale by a licensed manufactured structure dealer or a person who is exempt from the licensing requirement under ORS 446.676. [2003 c.655 §43]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.691 - Issuance of dealer license.

The Director of the Department of Consumer and Business Services shall issue a manufactured structure dealer license to an applicant if the applicant:
(1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726;
(2) Provides evidence acceptable to the director that the applicant obtained a corporate surety bond as provided in ORS 86A.227 if the applicant employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239;
(3) Certifies to the director in a form and manner the director specifies by rule that the applicant has independently verified that every individual the applicant or licensee hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186;
(4) Pays the fee specified in ORS 446.721 for issuance of a manufactured structure dealer license; and
(5) Completes the application for a dealer license in a form approved by the director that includes:
(a) The name and residence address of the applicant. If the applicant is a firm or partnership, the application must include the names and residence addresses of the members of the firm or partnership. If the applicant is a corporation, the application must include the names and residence addresses of the principal officers of the corporation and the name of the state in which the corporation is incorporated.
(b) The name under which the business will be conducted.
(c) The street address, including city and county in Oregon, where the business will be conducted.
(d) A statement that indicates whether the applicant handles used manufactured structures.
(e) An affidavit from the applicant showing that the applicant will act as a manufactured structure dealer and will conduct business at the location given on the application.
(f) If the street address where the dealer will conduct the business is in a residential zone, a statement by the dealer that all manufactured structures sold or displayed at that address will meet any architectural and aesthetic standards regulating the placement of manufactured structures in that residential zone.
(g) Information the director requires to efficiently regulate manufactured structures, manufactured structure dealers and dealerships or other relevant information the director requires.
(h) If the applicant will offer for sale new manufactured structures that are recreational vehicles greater than eight and one-half feet in width, an affidavit from the applicant stating that the applicant will maintain a recreational vehicle service facility for those recreational vehicles at a street address provided in the application. [2003 c.655 §28; 2009 c.863 §29]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.696 - Renewal of dealer license.

A manufactured structure dealer license is valid for three years, but the Director of the Department of Consumer and Business Services may adjust the term of an initial license for the purpose of establishing uniform expiration dates. A dealer may renew a license as provided by the director. The director may renew a license only if the dealer:
(1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726.
(2) Provides evidence acceptable to the director that the dealer obtained a corporate surety bond as provided in ORS 86A.227 if the dealer employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239.
(3) Certifies to the director in a form and manner the director specifies by rule that the dealer has independently verified that every individual the dealer hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186.
(4) Pays the fee specified in ORS 446.721 for renewal of a manufactured structure dealer license.
(5) Submits a completed application for renewal in a form approved by the director that includes:
(a) The name and residence address of the dealer. If the dealer is a firm or partnership, the application must include the names and addresses of the members of the firm or partnership. If the dealer is a corporation, the application must include the names and addresses of the principal officers of the corporation and the name of the state in which the corporation is incorporated.
(b) The name under which the business will be conducted.
(c) The street address, including city and county in Oregon, where the business will be conducted.
(d) If the location of the dealership is being changed at the time of renewal:
(A) For a business that will be conducted in a residential zone, a statement by the dealer that all manufactured structures sold or displayed at that address will meet any architectural and aesthetic standards regulating the placement of manufactured structures in that residential zone.
(B) For a business that will offer for sale new manufactured structures that are recreational vehicles greater than eight and one-half feet in width, a certificate from the applicant stating that the applicant will maintain a recreational vehicle service facility for those recreational vehicles at a street address provided in the application.
(e) Information the director requires to efficiently regulate manufactured structure dealers and dealerships or other relevant information the director requires. [2003 c.655 §29; 2009 c.863 §30]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.701 - Issuance of temporary manufactured structure dealer license.

(1) If a licensed manufactured structure dealer dies or becomes incapacitated, the Department of Consumer and Business Services may issue a temporary manufactured structure dealer license to the executor, administrator or personal representative of the estate of the dealer or to an agent of the dealer approved by the department. A temporary license issued under this subsection expires after six months, but the department may extend the license for good cause. The department may not extend a temporary license if the license has been suspended or the licensee placed on probation by the department.
(2) A person issued a temporary manufactured structure dealer license must deliver to the department a bond or letter of credit that meets the requirements under ORS 446.726. A bond or letter of credit covering a license term of less than one year must be for the sum otherwise required for each year a license is valid and must be renewed if the term is extended. The temporary manufactured structure dealer is responsible for ensuring that, during the term of the temporary license, the dealership and its employees comply with ORS 446.661 to 446.756 and rules adopted thereunder. This subsection does not relieve a manufactured structure dealer licensed under ORS 446.691 or 446.696 from liability for a violation arising out of actions or omissions by the dealer.
(3) Notwithstanding ORS 446.731:
(a) Issuance of a temporary manufactured structure dealer license does not, by itself, affect the rights or interests of any creditors of the dealer in dealership assets or inventory.
(b) Issuance or expiration of a temporary license is not a transfer of interest for purposes of ORS 446.736.
(4) A person obtaining a temporary manufactured structure dealer license must pay the applicable fee specified in ORS 446.721 for issuance of a temporary manufactured structure dealer license. [2003 c.655 §29a]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.711 - Dealer education and testing; rules.

(1) In addition to any other requirement for issuance or renewal of a manufactured structure dealer license, the Department of Consumer and Business Services, by rule, may adopt education and testing requirements as a condition for issuance or renewal of a license described in ORS 446.691.
(2) A person may satisfy a requirement adopted under subsection (1) of this section by taking an appropriate educational program or test offered by an accredited educational institution, private school, correspondence school or nonprofit organization and approved by the department.
(3) If a dealer is a firm, partnership or corporation, the dealer satisfies a requirement adopted under subsection (1) of this section if a manager or other person exercising significant control over the daily sales activities of the dealership meets the education and testing requirements.
(4) The department may not require education or testing of a manufactured structure dealer if the dealer possesses a license issued under ORS chapter 696. This subsection does not prohibit voluntary participation in education and testing. [2003 c.655 §29c]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.716 - Additional places of business; supplemental licenses.

(1) A licensed manufactured structure dealer may open additional places of business under the same business name by obtaining a supplemental license from the Department of Consumer and Business Services. If the dealer will operate the additional place of business under a different business name than that indicated on an existing dealer license, the dealer must apply for a dealer license for the additional place of business instead of for a supplemental license.
(2) A manufactured structure dealer may move a place of business or change a business name by obtaining a corrected dealer license from the department. The department shall prescribe the form for application for a corrected license. For purposes of this subsection, "place of business" includes a recreational vehicle service facility.
(3) The department may refuse to issue a dealer license if a manufactured structure dealer license issued to the dealer by another jurisdiction is in suspended, revoked or probationary status in that jurisdiction. This subsection does not authorize the department to refuse a supplemental license or corrected license.
(4) A dealer obtaining or renewing a dealer license, supplemental license or corrected license must pay the applicable fee specified in ORS 446.721. [2003 c.655 §30]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.721 - License fees; use of moneys.

(1) The fee for issuance or renewal of a manufactured structure dealer license under ORS 446.691 is $542.
(2) The fee for issuance or renewal of a supplemental license under ORS 446.716 is $90 for each additional place of business.
(3) The fee for issuance or renewal of a corrected dealer license under ORS 446.716 or corrected limited manufactured structure dealer license under ORS 446.706 is $30.
(4) The fee for issuance of a temporary manufactured structure dealer license under ORS 446.701 is $100.
(5) The fee for issuance or renewal of a limited manufactured structure dealer license under ORS 446.706 is $150.
(6) Fees adopted pursuant to this section are not subject to proration or refund.
(7) Fees collected by the Department of Consumer and Business Services under this section must be deposited in the Consumer and Business Services Fund. Moneys deposited into the fund pursuant to this section are continuously appropriated to the department for use as provided in ORS 446.423. [2003 c.655 §32; 2007 c.71 §135]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.726 - Bond or letter of credit requirements; action against dealer and surety or issuer.

(1) A bond or letter of credit required to qualify for issuance or renewal of a manufactured structure dealer license under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701 must comply with the following requirements:
(a) The bond must have a corporate surety licensed to do business within this state. A letter of credit must be an irrevocable letter of credit issued by an insured institution.
(b) The bond or letter of credit must:
(A) Be executed to the State of Oregon;
(B) Be in the sum of $40,000 for each year the license is valid;
(C) Be in a form approved by the Director of the Department of Consumer and Business Services;
(D) Be conditioned that the dealer will conduct the manufactured structure dealership without fraud or fraudulent representation and without violating any statute or rule relating to manufactured structure dealers, manufactured structure dealerships, transfers of interests in manufactured structures, alteration of manufactured structures or moving manufactured structures;
(E) Be separate from any bond or letter of credit covering business activities other than dealing in manufactured structures; and
(F) Be filed and held by the director.
(2) The surety or institution shall notify the director if the bond or letter of credit is canceled for any reason. The surety or institution continues to be liable under the bond or letter of credit until the director receives the notice required by this subsection, or until the cancellation date specified in the notice, whichever is later.
(3) If the license of a manufactured structure dealer is not renewed or is voluntarily or involuntarily canceled, the surety on the bond and the issuer of the letter of credit are relieved from liability that accrues after the director cancels the license.
(4) The manufactured structure dealer shall purchase a bond or letter of credit under this section annually on or before each anniversary of the issuance of the dealer’s license.
(5) A retail customer has a right of action against a manufactured structure dealer, against the surety on the dealer’s bond and the issuer of a letter of credit if the retail customer suffers any loss or damage by reason of the manufactured structure dealer’s fraud, fraudulent representations or violations of statutes relating to:
(a) Transfer of interests in manufactured structures;
(b) Moving manufactured structures;
(c) The alteration of manufactured structures; or
(d) The regulation of manufactured structure dealers and manufactured structure dealerships. [2003 c.655 §33; 2003 c.655 §34; 2011 c.166 §3]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.731 - Status of licensed dealer.

A person who has a current, valid manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701:
(1) Is considered the owner of manufactured structures manufactured or dealt in by the dealer before sale and delivery of the manufactured structures, and the owner of all manufactured structures in the dealer’s possession.
(2) Is not subject to the recreational vehicle dealer requirements in ORS chapter 822 when dealing in manufactured structures that are recreational vehicles greater than eight and one-half feet in width. [2003 c.655 §36]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.748 - Cease and desist orders; investigative authority of director.

(1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 446.661 to 446.756 or a rule adopted under ORS 446.661 to 446.756, the director may issue an order directed to the person to cease and desist from the violation or threatened violation.
(2) The director may require a manufactured structure dealer, or a person associated with the manufactured structure dealer, to produce for the director’s examination and use books, accounts, records, files, documents or other information or evidence as the director deems necessary to carry out the purposes of ORS 446.661 to 446.756.
(3) The director may direct, subpoena, examine, compel the attendance of, administer oaths and affirmations to, and request production of books, accounts, records, files, documents or other information or evidence from witnesses and persons that are subject to regulation under ORS 446.661 to 446.756.
(4) The director may interview, take and preserve testimony concerning business practices and operations from the manufactured structure dealer’s officers, principals, mortgage loan originators if applicable, employees, agents and customers or independent contractors associated with the manufactured structure dealer. [2011 c.166 §4]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.756 - Violation of consigned manufactured structure transfer; penalty.

(1) A person commits the crime of violation of a consigned manufactured structure transfer if the person consigns a manufactured structure to a manufactured structure dealer and the person fails or refuses to deliver the ownership document for the structure to the dealer or purchaser upon sale of the structure under consignment.
(2) Violation of a consigned manufactured structure transfer is a Class A misdemeanor. [2003 c.655 §41]
Note:
See note under 446.661.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.990 - Penalties.

(1) Any individual, or any director, officer, or agent of a corporation who knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or 446.310 to 446.350 in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor.
(2) Violation of ORS 446.345 is punishable upon conviction as a Class B misdemeanor. [Amended by 1953 c.490 §21; 1953 c.490 §18; 1959 c.562 §15; 1959 c.683 §33; 1959 c.314 §20; 1967 c.598 §3; 1969 c.533 §10; 1973 c.560 §21; 1973 c.833 §39; 1974 c.36 §13; 1975 c.546 §15; 1983 c.707 §21]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 446 - Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships › Section 446.995 - Civil penalties for violation of ORS 446.661 to 446.756 or related rules.

(1) The Department of Consumer and Business Services may impose a civil penalty as provided in ORS 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS 446.666 to be licensed, if the dealer or person violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures. If the dealer authorizes a person licensed pursuant to ORS 446.666 to commit a violation, the dealer and person are both subject to civil penalty. Notwithstanding subsection (2) of this section, if a dealer expressly or by implication authorizes an act by a real estate agent described in ORS 446.676 (14) that is a violation, the dealer is subject to the civil penalty for the violation.
(2) The department may impose a civil penalty, in an amount not to exceed $5,000 for each manufactured structure improperly sold, brokered or exchanged, or offered or displayed for sale, against a person that:
(a) Violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures if the person does not possess a license required by ORS 446.671 or by rule pursuant to ORS 446.666; or
(b) Violates a rule adopted by the department relating to the sale of manufactured structures if the person is exempt from licensing under ORS 446.676. [2003 c.655 §47c]
Note:
446.995 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 447 - Plumbing; Architectural Barriers › Section 447.010 - Definitions for ORS 447.010 to 447.156 and 447.992.

As used in ORS 447.010 to 447.156 and 447.992, unless the context requires otherwise:
(1) "Board" means the State Plumbing Board established under ORS 693.115.
(2) "Department" means the Department of Consumer and Business Services.
(3) "Director" means the Director of the Department of Consumer and Business Services.
(4) "Journeyman plumber" has the meaning given that term in ORS 693.010.
(5) "Ordinary minor repairs" means the repair, replacement or maintenance of existing plumbing fixtures, appliances, appurtenances and related water supply and drain attachments for the purpose of restoring a plumbing installation to a safe and sanitary operating condition.
(6) "Plumbing" is the art of installing, altering or repairing in or adjacent to or serving buildings:
(a) Pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried waste, including the water supply distributing pipes.
(b) Fixtures and fixture traps.
(c) Soil, waste and vent pipes.
(d) House drain and house sewer to the sewer service lateral at the curb, or in the street, or alley, or other disposal terminal holding human or domestic sewage.
(e) Storm water drainage, with their devices, appurtenances and connections.
(f) Pipes, fixtures and other apparatus for medical gas, anesthetic waste gas and vacuum systems.
(g) Solar heating and cooling systems. [Subsection (3) enacted as 1955 c.548 §2; 1957 c.300 §1; 1961 c.401 §1; 1973 c.734 §1; 1973 c.835 §221; 1981 c.438 §28; 1987 c.414 §26; 1993 c.520 §1; 1993 c.744 §65; 1999 c.723 §1; 2001 c.683 §25]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.020 - Plumbing to conform to state building code; rules; enforcement.

(1) All installations of plumbing and drainage in buildings and structures in this state and all potable water supply, drainage, and waste installations, within or serving buildings or structures, except in temporary construction camps, and except as otherwise provided in ORS 447.010 to 447.156 and 447.992, shall be made in accordance with the requirements of ORS 447.010 to 447.156 and 447.992 and ORS chapter 455.
(2) The Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board shall make rules pursuant to ORS chapter 183 for the purpose of setting standards for plumbing and defining compliance with the provisions of ORS 447.010 to 447.156 and 447.992 particularly pertaining to installation of piping, protection and adequacy of the water supply, workmanship and materials, traps and cleanouts, domestic hot water storage tanks and devices, drinking fountains, solar heating and cooling systems, approval of devices, equipment and fixtures, hangers and supports, drainage and venting, house drains and house sewers, storm water drains, special wastes, light and ventilation of water closets and bathrooms, and excavation and grading.
(3) The director shall appoint an adequate staff experienced and trained to serve as plumbing inspectors to enforce rules adopted under this section. [Amended by 1957 c.300 §2; 1971 c.753 §48; 1973 c.734 §2; 1973 c.835 §222; 1981 c.438 §29; 1993 c.744 §66; 2001 c.683 §26]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.023 - Small restaurant requirements.

Rules adopted under ORS 447.020 shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. [1979 c.390 §4; 1981 c.438 §30]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.026 - Identification on potable water pipe required.

(1) All water pipe used to carry potable water sold in this state shall be clearly marked the entire length of pipe, at intervals of length set by the Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board, with:
(a) Identification of the manufacturer and the plant of origin; and
(b) The manufacturing standard under which the pipe was made.
(2) A label, shield or coding system may be used to identify the manufacturer, origin and manufacturing standard under which the pipe was made if the manufacturer has on file with the Department of Consumer and Business Services a notice describing the identification system used. [1979 c.535 §3; 1981 c.438 §31; 1991 c.19 §1; 1993 c.744 §67]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.040 - Plumbing contractor license.

(1) A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under ORS 455.117.
(2) A plumbing contractor license does not authorize the contractor to work as a journeyman plumber. [Amended by 1955 c.548 §6; 1973 c.835 §224; 2005 c.758 §11]