reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0785 - Primary Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
"Primary contractor" is an entity who has a contract, either
				oral or written, with the owner of the property to perform work subject to ORS
				Chapter 671, or who is holding itself out to be a licensed contractor in
				connection with property it owns; who may engage one or more subcontractors to
				perform all or part of the work; and who may have responsibility for the entire
				project which is the subject of the contract. Responsibility for the entire
				project includes coordinating work, seeing that prompt and proper payment is
				made to all subcontractors and suppliers, thereby preventing the filing of
				construction liens against the property.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0800 - Renew License

Current through Register Vol. 63, No. 7, July 1, 2024
"Renew License" means to annually maintain the current status
				of a valid license or to bring a lapsed or expired license to current, valid
				status.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.600,
				  671.610 &
				  671.660
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0808 - Repair or Maintenance Work on Piping for an Irrigation System

Current through Register Vol. 63, No. 7, July 1, 2024
Repair or maintenance work on piping for an irrigation system
				as used in ORS 671.540(1)(m), (n) &
				(o) is the following:
(1) Excavation of the immediate area around
			 the water distribution pipe of the irrigation system where the repair or
			 maintenance is to occur;
(2)
			 Replacement of the water distribution pipe and any fittings required to fix the
			 problem in the water distribution pipe using solvent welding, compression
			 fittings or other acceptable forms of replacement and repair determined by the
			 type of pipe being repaired;
(3)
			 Maintaining the pipe of irrigation systems by winterizing the system using
			 compressed air; and
(4) Backfilling
			 the area where the repair or maintenance occurred.
Stat. Auth.: ORS
				  183.310,
				  671.670 & 2009 OL Ch.
				  483
Stats. Implemented: ORS
				  671.520 &
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0820 - Residential Dwelling

Current through Register Vol. 63, No. 7, July 1, 2024
"Residential Dwelling" as used in ORS
				671.540(1)(h)
				means a residence, including a site-built home, a modular home constructed off
				site, a manufactured dwelling, or a duplex.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0840 - Residential Property

Current through Register Vol. 63, No. 7, July 1, 2024
"Residential Property" as used in ORS
				671.540(1)(h) and
				(i) means property upon which one or more
				"residential dwellings," as defined in
				808-002-0820 are constructed or
				will be constructed.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0870 - Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
"Respondent" as used in this chapter, means a landscape
				contracting business that a claim is filed against under ORS
				671.690 to
				671.710 or that the board
				proposes to impose a penalty against under ORS
				671.510 to
				671.625 and
				671.950 to
				671.992.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.690 -
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0872 - Retaining Walls

Current through Register Vol. 63, No. 7, July 1, 2024
Landscape "retaining walls" as used in ORS 671 and this chapter
				is a structure designed to a height exceeding six (6) inches from the lowest
				finish grade and constructed to resist the lateral pressure of soil, when there
				is an actual, or desired change in ground elevation that exceeds the angle of
				repose of the soil.
Statutory/Other Authority: ORS
				  671.760 & ORS
				  670.310
Statutes/Other Implemented: ORS
				  671.520 & ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0875 - Rough Grading

Current through Register Vol. 63, No. 7, July 1, 2024
"Rough grading," for purposes of ORS
				671.540(1)(e),
				means the movement of earth by cutting and/or filling of a site to establish
				proper sub-grade elevations prior to the preparation and establishment of the
				final grade for seed beds or tree or shrub planting. Rough grading does not
				include grading done by raking or other mechanical means to establish a grade
				that is suitable for planting.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540(5)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0880 - Sod and Seed

Current through Register Vol. 63, No. 7, July 1, 2024
"Sod and Seed" means planting grass seed, vegetative parts or
				laying sod.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.520
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0881 - Trees

Current through Register Vol. 63, No. 7, July 1, 2024
"Trees" as used in ORS
				671.520(1), ORS
				671.690(3)(d)
				and OAR Chapter 808: ¶
(1) For
			 the purpose of pruning, a tree is defined as a woody plant usually having a
			 dominant trunk, or trunks, with a diameter of 4 inches at a point 4.5 feet
			 above the ground and a height greater than 15 feet (4.5 meters) at the time of
			 pruning.
(2) For the purpose of
			 planting, a tree is defined as a woody plant usually having a dominant trunk,
			 or trunks, and a mature height greater than 15 feet (4.5 meters), and which
			 generally has few or no branches on its lower part, and is crowned with a head
			 of branches and foliage or, as in palms, of foliage only. Tree planting
			 excludes the following:
(a) Patio trees less
			 than 15 feet tall. Patio trees are small trees, often created from plants that
			 are naturally shrubs, which lend a formal accent to the landscape. Patio trees
			 are trained up onto a stake from the time they are very young and are grown to
			 reach a maximum of three to four feet of trunk height;
(b) Shrubs trained as trees regardless of
			 height; and
(c) Hedges, including
			 but not limited to, arbor vitae and English Laurel regardless of
			 height.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0882 - Under Contract for the Construction of a New Dwelling

Current through Register Vol. 63, No. 7, July 1, 2024
"Under contract for the construction of a new dwelling" as used
				in ORS 671.540(1)(h)
				means a residential general contractor has agreed, pursuant to a written
				contract, to construct a new residential dwelling for the owner in a location
				on the property where a structure did not previously exist or the existing
				structure is completely demolished, including the foundation, and removed prior
				to the new construction. For the purposes of this rule, remodeling or modifying
				an existing structure is not considered construction of a new
				dwelling.
Stat. Auth.: ORS
				  183.310,
				  671.670 & 2009 OL Ch.
				  483
Stats. Implemented: ORS
				  671.520 &
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0884 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.310,
				  671.670 & 2009 OL Ch.
				  483
Stats. Implemented: ORS
				  671.520 &
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0885 - Valid

Current through Register Vol. 63, No. 7, July 1, 2024
"Valid," as used in ORS
				671.530 and OAR Chapter 808,
				means a landscape contracting business license or a landscape construction
				professional license that is active.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.530(1)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0890 - Warranty work

Current through Register Vol. 63, No. 7, July 1, 2024
"Warranty work" is work done pursuant to an agreement that
				warrants the quality of the work upon any portion of a project for the purpose
				of making corrections or repairs to the work described by the contract and
				supplemental agreements, whether or not final payment has been made by the
				consumer.
Stat. Auth.: ORS 670 & 671
Stats. Implemented: ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0895 - With the Intent of Offering for Sale

Current through Register Vol. 63, No. 7, July 1, 2024
Evidence "with the intent of offering for sale" as used in ORS
				671.540(1)(f) &
				(g) includes, but is not limited to, the
				following:
(1) The owner has posted
			 or otherwise made known through the use of a sign, advertisement, device, or
			 any other method that indicates to the public that the property is for sale. If
			 the owner of the property removes the signage, advertisement, device or other
			 method of indicating the property is for sale, that action alone does not
			 remove the fact that there was an intent to sell property;
(2) The property is listed as "for sale" with
			 a real estate firm or if the property is "for sale by owner" there is an intent
			 to sell;
(3) The property is being
			 offered as a "lease with option to purchase" or other similar wording;
			 or
(4) The owner who performed
			 landscaping work on the property or arranged to have the landscaping work
			 performed on the property:
(a) Does not
			 occupy, rent or lease the property for a period of 6 months or more after the
			 completion of the landscaping work; and
(b) Sells such property within two years of
			 completion of the landscaping work.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0920 - Work Period

Current through Register Vol. 63, No. 7, July 1, 2024
"Work Period" as used in OAR
				808-004-0320 and
				808-004-0600 means the time
				period from the date a landscape contracting business accepts a payment, offers
				a written or verbal proposal which is later accepted as a contract or enters
				into a contract or begins construction, whichever occurs first, until the date
				the work is completed as defined in OAR
				808-002-0280 or the landscape
				contracting business ceases work.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0010 - Written Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 advertising for licensed landscape contracting businesses:
(a) All written advertising, except telephone
			 and internet directory line listings and uniforms, shall include the landscape
			 contracting business license number. The landscape contracting business license
			 number in a written advertisement shall be capable of being read (legible) and
			 clearly visible.
(b) Advertising
			 shall include, but not be limited to:
(A)
			 Newsprint classified advertising and newsprint display advertising for work
			 subject to ORS 671.510 through
			 671.710;
(B) Telephone or internet directory space
			 ads, or display ads;
(C) Business
			 cards;
(D) Business
			 flyers;
(E) Business
			 letterhead;
(F) Business
			 signs;
(G) Contracts, proposals,
			 estimates, bids and invoices;
(H)
			 Vehicles and trailers with signage; and
(I) Websites (at least on the homepage, the
			 footer or the contact us page, if available).
(c) A landscape contracting business that
			 holds a valid license shall not advertise for landscaping work outside the
			 scope of the license.
(d) Effective
			 January 1, 2016, a vehicle sticker issued by the State Landscape Contractors
			 Board does not constitute meeting the requirement to have the landscape
			 contracting business license number on a vehicle or trailer.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0015 - Application for Landscape Contracting Business and Landscape Construction Professional License; Age Minimum

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application for a landscape contracting business license shall be on forms
			 provided by the agency. Information provided on the form must include, but not
			 be limited to:
(a) Name of business entity,
			 all additional assumed business names under which the landscaping work is
			 conducted and Corporation Division registry numbers (if applicable). The
			 business entity name and all assumed business names listed must be the same as
			 what appears on record with the Corporation Division, if applicable;
(b) Mailing and physical address of the
			 business entity;
(c) Name of all
			 owners and percent of ownership of each owner;
(d) Name and license number of all licensed
			 landscape construction professionals employed by the business as required under
			 ORS 671.565 along with a signed and
			 notarized verification of employment form provided by the agency. A business
			 may meet the requirements of ORS
			 671.565, not withstanding the
			 conditions of 657.044, if the licensed landscape construction professional is a
			 sole proprietor, a member of an LLC, a general partner in a partnership, or a
			 stockholder of a Sub Chapter S-Corp and is actively involved in the landscape
			 contracting business' operations and is receiving remuneration, whether by
			 salary or other payment, for services provided;
(e) Name and address of owner or managing
			 employee;
(f) Independent
			 contractor certification statement;
(g) A signed statement by the owner of the
			 business, on which the landscape contracting business estimates the total
			 maximum job charges for a single landscape job during the term of the license
			 for the purpose of determining the correct bonding amount for that specific
			 term of the license;
(h) Social
			 security number of the owner of a sole proprietorship or partners in a general
			 partnership (where the partners are human beings). Effective January 1, 2020,
			 in lieu of a social security number, a federal individual taxpayer
			 identification number or other federally-issued identification
			 number;
(i) Complete questions to
			 Licensing and Litigation History and Criminal Background sections;
(j) State Tax Identification number, if
			 applicable;
(k) Federal Employer ID
			 Number (EIN), if applicable;
(l)
			 Workers Compensation Information, if nonexempt; and
(m) Signature of owner, partner, joint
			 venturer, corporate officer, member or trustee, signifying that the information
			 provided in the application is true and correct.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0018 - Supervisory Responsibilities; Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensed landscape construction
			 professional who holds part or the complete phase basis of the landscape
			 contracting business license must perform the following supervisory services:
(a) Review and initial the landscape plan
			 and/or written contract for each job;
(b) Attend all on-site meetings and appear at
			 any hearings that are a consequence of any claims filed against the landscape
			 contracting business that relate to the landscape construction professional's
			 phase of license; and
(c) Directly
			 supervise all non-licensed employees employed by the landscape contracting
			 business as defined in OAR
			 808-002-0328. For the purpose of
			 verification of direct supervision of an unlicensed employee as required by ORS
			 671.540(1)(q) or
			 (r), the communication requirement of direct
			 supervision will be considered met if the licensed landscape construction
			 professional communicates with the Landscape Contractors Board investigator who
			 requested the unlicensed employee to contact the supervising landscape
			 construction professional before midnight of the same day of the request.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0020 - Business Names

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A partnership,
			 corporation, limited liability company, limited liability partnership, joint
			 venture, professional corporation, assumed business name or other business
			 entity shall be registered to do business in Oregon with the Corporation
			 Division of the State of Oregon.
(2) Every licensed landscape contracting
			 business entity that changes its name or registers for an assumed business name
			 with the Corporation Division of the State of Oregon and every sole proprietor
			 that changes his or her surname, must notify the agency within 30 days of
			 assuming, filing or registering the new name.
(3) An actively licensed landscape
			 contracting business that does not register or maintain registration as
			 required by the Corporation Division of the State of Oregon shall have the
			 license suspended or not renewed until properly registered with the Corporation
			 Division of the State of Oregon.
(4) An applicant for a landscape contracting
			 business license that does not register as required by the Corporation Division
			 of the State of Oregon shall not be issued a landscape contracting business
			 license.
Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS
				  671.560
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0025 - Alternative Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant will be deemed to have qualifying experience under ORS
			 671.570(2) if
			 the applicant submits documentation verifying they have:
(a) Two years of related landscaping
			 experience; or
(b) Successful
			 completion of the Landscape Industry Certified Technician - Exterior program
			 administered by the Oregon Landscape Contractors Association (OLCA) or another
			 entity licensed to the National Association of Landscape Professionals;
			 or
(c) An Associate, Bachelors or
			 Masters Degree in horticulture or other related fields from an accredited
			 school or college, which includes the completion of a cooperative work
			 experience requirement in landscaping. If no cooperative work experience, six
			 months of related landscape experience may substitute; or
(d) A Certificate in horticulture or other
			 related fields from an accredited school or college that requires a minimum of
			 72 credit hours, which includes the completion of a cooperative work experience
			 requirement in landscaping. If no cooperative work experience, six months of
			 related landscape experience may substitute; or
(e) A current certification with the
			 International Society of Arboriculture (ISA) as a Certified Arborist;
			 or
(f) A current membership as a
			 Certified Professional Member of APLD; or
(g) Completion of an Oregon Drinking Water
			 Program approved Backflow Assembly Tester five (5) day course or a current
			 Oregon Backflow Assembly Tester certification; or
(h) Any other landscaping related certified
			 membership on an individual basis to be determined by the Board.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0030 - Expiration of Application; Change of Application

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants who fail to complete the license process within the
				following time periods must submit a new application and fee and, if
				applicable, retake and pass the exam.
(1) A landscape contracting business license
			 application will expire one year from the date the application was received by
			 the agency.
(2) An individual
			 landscape construction professional license application will expire two years
			 after the last examination sitting or two years after the application was
			 received by the agency, whichever is later. Exam results are subject to OAR
			 808-003-0730,
			 808-003-0820,
			 808-003-0930.
(3) An applicant for a landscape construction
			 professional license under Oregon Revised Statute Chapter 671 is encouraged to
			 submit all documentation and pass the specific exam sections by the application
			 expiration deadlines when the circumstances allow them to complete that
			 process.
(4) An individual
			 landscape construction professional application for a Probationary All Phase
			 Plus Backflow license will expire two years after the application is received
			 by the agency or, one year after the first sitting for any section of the exam,
			 whichever is first. Exam results are subject to OAR
			 808-003-0730(1).
(5) An applicant for a Probationary All Phase
			 Plus Backflow license may submit another application for a Probationary All
			 Phase Plus Backflow license after the previous application has expired. Exam
			 results are subject to OAR
			 808-003-0730(1).
(6) An applicant that applied for a
			 Probationary All Phase Plus Backflow license may submit an application for a
			 regular landscape construction professional license at any time prior to being
			 issued a probationary license along with the required documentation pursuant to
			 ORS 671.570 or OAR
			 808-003-0025. If a Probationary
			 All Phase Plus Backflow license is issued the licensee must comply with
			 808-003-0045(5)
			 to obtain removal from probationary status. Exam results are subject to
			 808-003-0730,
			 808-003-0820,
			 808-003-0930.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.670
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0035 - License Categories

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licenses may be issued only for the following:
(a) All Phase Plus Backflow;
(b) Planting;
(c) Standard;
(d) Irrigation Plus Backflow
			 Prevention.
(e) Probationary All
			 Phase Plus Backflow;
(f) Modified;
			 and
(g) Arborist.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0045 - Change to Limited Licenses; Removal from Probationary Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the phase of
			 license for a landscape contracting business license changes, the landscape
			 contracting business must immediately stop advertising for or performing those
			 phases of landscaping work for which the business no longer holds a
			 license.
(2) Probationary license
			 holders may obtain removal from probationary status by:
(a) Demonstrating one or more of the
			 following after the date of obtaining the probationary license:
(A) Completion of 24 months or more of
			 employment with an actively licensed landscape contracting business under the
			 direct supervision of a non-probationary licensed landscape construction
			 professional,
(B) Completion of 24
			 months or more as an owner or employee of an actively licensed landscape
			 contracting business providing supervision as described in ORS
			 671.540(1)(q)
			 or 671.565(1)(b)
			 for a period of 24 months where the landscaping work performed on any landscape
			 job by the landscape contracting business did not exceed $15,000 and where the
			 landscape contracting business filed and maintained with the board a bond,
			 letter of credit or deposit in the amount of $15,000, or
(C) Completion of 24 months or more as an
			 actively licensed construction contractor under ORS Chapter
			 701.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.325 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0065 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.325 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0090 - Employer Status

Current through Register Vol. 63, No. 7, July 1, 2024
Landscape contracting businesses shall be licensed as either
				nonexempt (employer with employees) or exempt (no employees) as provided in ORS
				671.525.
(1) The nonexempt class is composed of the
			 following entities:
(a) Sole proprietorships
			 with one or more employees;
(b)
			 Partnerships or limited liability partnerships with one or more
			 employees;
(c) Partnerships or
			 limited liability partnerships with more than two partners if any of the
			 partners are not family members as defined in OAR
			 808-002-0390;
(d) Joint ventures with one or more
			 employees;
(e) Joint ventures with
			 more than two joint venturers if any of the joint venturers are not family
			 members as defined in OAR
			 808-002-0390;
(f) Limited partnerships with one or more
			 employees;
(g) Limited partnerships
			 with more than two general partners if any of the general partners are not
			 family members as defined in OAR
			 808-002-0390;
(h) Corporations with one or more
			 employees;
(i) Corporations with
			 more than two corporate officers if any of the corporate officers are not
			 family members;
(j) Trusts with one
			 or more employees;
(k) Trusts with
			 more than two trustees if any of the trustees are not family members as defined
			 in OAR 808-002-0390;
(l) Limited liability companies with one or
			 more employees; or
(m) Limited
			 liability companies with more than two members if any of the members are not
			 family members as defined in OAR
			 808-002-0390.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0095 - Liability Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant for the landscape contracting business license or renewal shall;
(a) Submit a "Certificate of Insurance"
			 (certificate) from an insurance company authorized to do business in Oregon, as
			 required by ORS 671.565 and subsection (2) of
			 this section and
(b) Continue to
			 meet those insurance requirements for as long as the applicant is
			 licensed.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0100 - Licenses; License Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 landscape construction professional license and its identifying license number
			 will be issued to one individual only. Other individuals shall not be included
			 in that license, but each shall be separately licensed and shall separately
			 meet the licensing requirements. No individual may perform work subject to ORS
			 Chapter 671 through the use of another individual's or entity's license.
(2) Landscape construction
			 professional licenses shall be issued in the name of the individual.
(3) A landscape contracting business license
			 and its identifying license number will be issued to one business entity only.
			 Other business entities shall not be included in that license, but each shall
			 be separately licensed and shall separately meet the licensing requirements. No
			 business entity may perform work subject to ORS Chapter 671 through the use of
			 another individual's or business entity's license.
(4) Landscape contracting business licenses
			 shall be issued as follows:
(a) A sole
			 proprietorship shall be issued in the name of the sole proprietor;
(b) A sole proprietorship using an assumed
			 business name shall be issued in both the name of the sole proprietor and
			 assumed business name
(c) A
			 partnership, limited partnership or joint venture shall be issued in the names
			 of the partners and the assumed business name;
(d) A partnership or limited partnership
			 using an assumed business name shall be issued in the names of the partners and
			 the assumed business name;
(e) A
			 corporation or trust shall be issued in the corporate or trust name;
(f) A limited liability company shall be
			 issued in the limited liability company name.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0112 - Social Security Number

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Landscape Contractors Board will not issue or renew a landscape construction
			 professional license or landscape contracting business license issued to an
			 individual, a sole proprietorship or a general partnership unless an applicant
			 provides his or her social security number on the application or renewal form.
			 The applicant need not provide the social security number on the application
			 for renewal, if the applicant's social security number has previously been
			 provided to the Landscape Contractors Board and is in the record.
(2) If an individual, the owner of a sole
			 proprietorship or partners in a general partnership (where the partners are
			 human beings) has not been issued a social security number by the United States
			 Social Security Administration, the Landscape Contractors Board will accept a
			 written statement from the individual, owner or partners to fulfill the
			 requirements of section (1). The individual, owner or partner must submit the
			 written statement on a form provided by the agency. This form must:
(a) Be signed by the individual, owner or
			 partner (where the partner is a human being);
(b) Attest to the fact that no social
			 security number has been issued to the individual, owner or partner by the
			 United States Social Security Administration; and
(c) Acknowledge that knowingly supplying
			 false information under this section is a Class A misdemeanor, punishable by
			 imprisonment of up to one year and a fine of up to $6,250.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0125 - Notification of Change of Address, Employment, Partners or Owners or Ownership Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 thirty (30) calendar days following a change of address, the landscape
			 construction professional shall submit written or online notification to the
			 agency as provided in ORS
			 671.603.
(2) Within thirty (30) calendar days
			 following a change of address, the landscape contracting business shall submit
			 written or online notification to the agency as provided in ORS
			 671.603.
(3) A landscape contracting business shall
			 notify the agency in writing within ten (10) days after the date a landscape
			 contracting business' phase of license changes due to:
(a) The license phase of an owner or employee
			 who is the licensed landscape construction professional and phase basis of the
			 business changes. A modified license holder must comply with OAR
			 808-003-0503 for a change of
			 license phase in lieu of this provision; or
(b) The landscape construction professional
			 who holds part or wholly the phase basis of the landscape contracting business
			 license ceases to own or be employed by the landscape contracting
			 business.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0126 - Permits and Other Requirements for Work Performed by a Landscape Contracting Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 performance of work requiring LCB licensure, the landscape contracting business
			 must obtain a permit for the proposed work, if a permit is required, or confirm
			 in writing that the property owner or general contractor has already pulled the
			 required permit. This includes but is not limited to the installation of:
(a) A backflow assembly for irrigation
			 systems or water features;
(b) A
			 retaining wall, driveway, deck, fence, walkway, arbor, landscape edging or
			 patio;
(c) Low voltage wiring for
			 irrigation systems or landscape lighting;
(d) Plantings on structures; and
(e) Drainage systems for landscaping
			 work.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0130 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 license:
(a) Initial landscape contracting
			 business license, $345 effective July 1, 2019.
(b) Initial landscape construction
			 professional license, $170 effective July 1, 2019.
(c) Initial landscape construction
			 professional license, $100 for licenses issued on or before June 30,
			 2019.
(d) Initial landscape
			 contracting business license, $275 for licenses issued on or before June 30,
			 2019.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0135 - Date of Issue/Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 licenses shall be issued on the date all application requirements are met. New
			 licenses are valid for up to 13 months. Renewal licenses are valid for one
			 year.
(2) Except as set forth in
			 (3) of this rule, the expiration date will be the last day of the month in
			 which the license was originally issued.
(3) At the request of the licensee, the
			 agency may adjust the expiration date of the landscape construction
			 professional license to correspond with that of the landscape contracting
			 business license in accordance with ORS
			 670.310.
Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS
				  671.560 &
				  671.565
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0210 - Value of Landscaping Work Performed by a Residential General Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
A general contractor licensed under ORS 701 who meets the
				exemption listed in 671.540(1)(h) may perform landscaping work if the total
				value of the landscaping work is:
(1)
			 $3,000 if the landscaping work was completed September 1, 2003 and before
			 September 1, 2008;
(2) $3,400 if
			 the landscaping work was completed on September 1, 2008 and before September 1,
			 2013;
(3) $3,800 if the landscaping
			 work was completed on or after September 1, 2013 and before September 1, 2018;
			 or
(4) $3,850 if the landscaping
			 work was completed on or after December 1, 2018 and before November 30,
			 2023.
(5) $4,600 if the landscaping
			 work was completed on or after December 1, 2023.
(6) The Board will continue to determine the
			 five yearly amount of increase or decrease using the annual average of the most
			 recently completed year in the index.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0220 - Voluntary Surrender/Resignation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A landscape construction professional or
			 landscape contracting business may request resignation and surrender of the
			 holder's license issued under ORS 671, by submitting:
(a) A written resignation;
(b) A written acknowledgment that, after such
			 resignation, in the event that the licensee wishes to reapply for a license to
			 perform landscaping work, the licensee must meet all requirements of ORS
			 Chapter 671 and OAR chapter 808;
(c) A written acknowledgment that the
			 licensee will take action to prevent all reasonably foreseeable harm to the
			 licensee's current clients upon resignation.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0225 - Terms of Probation

Current through Register Vol. 63, No. 7, July 1, 2024
The board may place a landscape contracting business, landscape
				contracting business owner or landscape construction professional on probation
				pursuant to ORS 671.614. In placing a
				landscaping contracting business, landscaping contracting business owner or
				landscape construction professional on probation, the board may, in addition to
				imposing conditions outlined in 671.614(3) & (4), require that the
				landscaping contracting business, landscaping contracting business owner or
				landscape construction professional:
(1) Submit to the board copies of all written
			 contracts entered into during the period of probation;
(2) Submit to the board copies of all billing
			 invoices (or those that the board specifies) issued during the period of
			 probation;
(3) Submit copies to the
			 board of all permits required for landscaping work during the period of
			 probation;
(4) Authorize the board
			 to contact the customers of the landscaping contracting business and supply to
			 the board the names, addresses and phone numbers of such customers;
			 and
(5) Maintain a log of site
			 visits and customer contacts during the period of probation.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.614
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0230 - Renewal of Landscaping Contracting Business and Landscape Construction Professional License

Current through Register Vol. 63, No. 7, July 1, 2024
The following rule sections apply to all applications except
				for those filed by a person holding an endorsement as a residential or
				commercial general contractor licensed under ORS chapter 701 seeking a
				landscape construction professional or landscape contracting business license
				that is a modified phase of license pursuant to OAR
				808-003-0500. As of September
				30, 2019, SB 935 (Chapter 682, 2019 legislative session), which amended ORS
				671.560(4)(b),
				issuance, or reissuance, of such licenses is prohibited.
(1) Application for renewal of a landscape
			 contracting business license shall comply with ORS
			 671.660 and be:
(a) Accompanied by:
(A) Required renewal fee; and
(B) Documentation of any unpaid court
			 judgment, arbitration award or administrative agency final order entered or
			 issued in any state that requires the applicant to pay damages arising out of
			 the performance of, or a contract for, landscaping work issued on or after
			 January 1, 2008, along with the status of any appeal or exceptions. For
			 purposes of this rule and ORS
			 671.560 and
			 671.563, "applicant" has the
			 same meaning as owner as defined in OAR
			 808-002-0734.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0231 - Restoration of a License that has not been Permanently Revoked

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				671.610(6) a
				license that has not been permanently revoked may be restored. This rule shall
				be effective as of July 1, 2012. The license may be restored under the
				following circumstances:
(1)
			 Revocation for nonpayment of a claim under a final order of the board or an
			 arbitration award or under a judgment rendered in this or any other state. To
			 restore license, revoked licensee must pay the claim under a final order of the
			 board, arbitration award, or judgment rendered in this or any other state in
			 full, or make arrangements for payment of a claim under a final order of the
			 Board if approved by the Board. If restored licensee fails to timely comply
			 with payment arrangements approved by the Board, licensee is subject to
			 revocation, including permanent revocation.
(2) Revocation for non-payment of civil
			 penalty. To restore license, revoked licensee must pay all civil penalties
			 assessed and owing in full, or make arrangements for payment of civil penalty
			 approved by the board. If the restored licensee fails to timely comply with
			 payment arrangements approved by the Board, licensee is subject to revocation,
			 including permanent revocation.
Stat. Auth.: ORS
				  670.310 &
				  671.760
Stats. Implemented: ORS
				  671.610
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0234 - Inactive Military Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Active duty military licensees may place their license on inactive military
			 status by submitting documentation that substantiates the call to active
			 duty.
(2) Active duty military
			 personnel are exempt from renewal and late fees. Civilian military personnel
			 are not exempt from renewal and late fees.
(3) To renew a license to inactive military
			 status, this request must be received in writing in the LCB office along with
			 documentation that substantiates the call to active duty.
(4) Inactive military status licensees do not
			 need to comply with the CEH requirements while on inactive military status and
			 up to 60 days after an honorable discharge.
(5) Upon honorable discharge to convert a
			 license form inactive military status to active status, the servicemember must
			 submit a written request within 60 days from the date of discharge. No renewal
			 or late fee will be charged until the first renewal date after conversion of
			 that license. No CEH will be required until the first renewal date after
			 conversion of that license.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0235 - Inactive Status Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee may not convert a license to inactive status if the licensee is
			 engaged in work as a landscape contracting business or is operating as a
			 landscape construction professional;
(2) A licensee may not offer to undertake,
			 advertise for, submit a bid to, obtain a permit for, or perform landscaping
			 work while in inactive status;
(3)
			 A licensee shall notify the board of any change of address while in inactive
			 status. While the licensee is inactive, the board will send notices and
			 communications to the licensee at the licensee's last known address of
			 record.
(4) To convert to inactive
			 status:
(a) A licensee must have a current
			 active license or a license that expired less than two years prior to the
			 request for inactive status;
(b) If
			 the licensee was subject to discipline or probation by the board, the licensee
			 must satisfy any conditions imposed by the board as a result of the
			 discipline;
(c) The licensee must
			 submit a request to convert to inactive status on forms provided by the board;
			 and
(d) The licensee must comply
			 with OAR 808-003-0240 or
			 808-003-0245.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0240 - Inactive Status Request at Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to convert a license to
			 inactive status made at the time of renewal of the license must be accompanied
			 by fees required under OAR
			 808-003-0130.
(2) If a license is converted to inactive
			 status at the time of renewal of the license, the effective date of the renewed
			 license shall be the expiration date of the previous license.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.568 &
				  671.574
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0245 - Inactive Status Request Other than at Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to convert a license to
			 inactive status made prior to the expiration date of the license, but at a time
			 other than the time of renewal of the license, will be accepted only if the
			 licensee making the request has paid all applicable fees under OAR
			 808-003-0130.
(2) If a license is converted to inactive
			 status prior to the expiration date of the license, but at a time other than
			 the time of renewal of the license, the effective dates of the license will
			 remain unchanged and the license will expire on the upcoming expiration
			 date.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.568 &
				  671.574
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0250 - Renewal of Inactive Status

Current through Register Vol. 63, No. 7, July 1, 2024
To renew an inactive license in an inactive status:
(1) The licensee must submit the request to
			 renew the license in inactive status on forms provided by the board;
(2) The licensee must submit the fees
			 required under OAR 808-003-0130.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.568 &
				  671.574
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0255 - Converting from Inactive to Active Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To convert a landscape contracting
			 business license from inactive status to active status, a licensee must:
(a) Submit a request to convert to active
			 status on forms provided by the board;
(b) Submit a surety bond, irrevocable letter
			 of credit or deposit as required by ORS
			 671.690;
(c) Submit proof of insurance as required by
			 ORS 671.565(1)(e);
			 and
(d) Comply with all other
			 licensing requirements as prescribed by the board.