Oregon Administrative Code

806-010-0002 Definitions of Building Size Limitations As set forth in ORS 671.030: (1) "Ground Area" shall be measured to include the total area within all surrounding exterior walls and includes areas not provided with surrounding walls under the horizontal projections of a roof…

806-010-0010 Approved Architect and Firm Registration and Evaluation Programs (1) The Board adopts the education standard adopted by the National Council of Architectural Registration Boards (NCARB), consisting of a professional degree in architecture from a program accredited by…

806-010-0014 Criminal Conviction Determination Process (1) Prior to beginning an education program required for registration as an architect, a person who was convicted of a crime may petition the Board for a determination as to whether the criminal conviction or convictions will…

806-010-0020 Registration by Examination (1) No person may use the “Architect” title, except under the conditions outlined under OAR 806-010-0037 and ORS 671.065. (2) Prior to practicing architecture in Oregon, an individual must apply for and obtain a certificate of registration…

806-010-0033 Recognized Jurisdictions (1) The Board recognizes the following jurisdictions: (a) Each state of the United States; (b) The District of Columbia; (c) Guam; (d) Puerto Rico; (e) The US Virgin Islands; (f) The Northern Mariana Islands; and (g) Jurisdictions that the Bo…

806-010-0035 Registration by Reciprocity (1) No person may use the “Architect” title, except under the conditions outlined under OAR 806-010-0037 and ORS 671.065. (2) Prior to practicing architecture in Oregon, an individual must apply for and obtain a certificate of registration…

806-010-0037 Architect Title (1) Except as provided in ORS 671.010, ORS 671.020(2), and ORS 671.065(2), and consistent with Oregon and federal constitutional free speech provisions, an individual or entity who is not registered in Oregon to practice architecture may not: (a) Use …

806-010-0040 Architect Certificates (1) All decorative wall certificates issued by the Board shall be signed by the Chair or the Vice Chair and the Executive Director and shall include the Seal of the Board. (2) If a previously issued decorative wall certificate or certificate of…

806-010-0045 Stamps and Signatures (1) Every registered architect shall have a stamp (seal) bearing the name of the registered architect only, together with the city and state in which the architect's principal office is located. The stamp may include the architect's registration…

806-010-0050 Observation (1) Construction phase services that constitute the practice of architecture include but are not limited to: (a) Clarification and modification of technical submissions during the construction phase; and (b) Observing the construction site through substan…

806-010-0060 Inactive Status and Reinstatement (1) Unless renewed according to OAR 806-010-0090, an individual architect’s certificate of registration becomes inactive on the 61st day following the renewal deadline. An inactive Oregon certificate of registration prohibits an indi…

806-010-0075 The Practice of Architecture (1) The "Practice of Architecture" is defined in ORS 671.010 and relates to the professional activities of the registered architect. These activities include all analysis, calculations, research, graphic presentation, literary expression,…

806-010-0078 Construction Contractor Offering Architectural Services (1) For purposes of this rule, the following definitions apply: (a) "Offering services" means manifesting a willingness to provide architectural services, either orally or in writing, such that another person ma…

806-010-0080 Registration of Architectural Firms (1) Prior to practicing architecture or providing architectural services in Oregon, a firm must apply for and obtain a certificate of registration from the Board. (2) The practice of architecture by firms in Oregon shall be managed…

806-010-0090 Renewal of Registration (1) The renewal deadline for an architect certificate of registration ending in an odd-number is December 31 of odd-numbered years. The renewal deadline for an architect certificate of registration ending in an even-number is December 31 of ev…

806-010-0095 Filing and Maintenance of Current Contact Information (1) Each applicant, architect, or architectural firm must provide current contact information to the Board to include the following: (a) A work and a home address with a designation of the preferred mailing addres…

806-010-0105 Fee Schedule (1) Individual Registration by Examination: (a) Application — $75 (b) Registration — $100 (2) Individual Registration by Reciprocity: (a) Application — $100 (b) Registration — $200 (3) Individual Renewal: (a) Two Year Renewal — $240 (b) Late Renewal — $1…

806-010-0106 Public Record Requests (1) All requests for copies of public records pertaining to Board records and available at the Board’s office shall be in writing and may be delivered in person, by mail, or by email. The request may include: (a) The name and address of the per…

806-010-0115 Construction Document Modification Modifications to technical submissions for buildings/structures are an integral part of the practice of architecture; and as such, modifications which become part of change orders and/or addenda to alter those documents must bear th…

806-010-0130 Architect Emeritus, Emerita, or Emerit (1) The title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" is an inactive status. The individual granted approval by the Board to use the title is not eligible to practice architecture in Oregon and may no…

806-010-0145 Continuing Education (1) In order to renew or reinstate an architect certificate of registration, the registrant must: (a) Complete 24 hours of continuing education in health, safety, and welfare (HSW) within the two year registration period prior to renewal or reins…

806-020-0010 Truthful Statements to the Board A registered architect or architectural firm shall be truthful in statements or written responses to the Board or its representatives on matters pertaining to professional conduct. The signature of an architect or architectural firm i…

806-020-0020 Responsibility to the Public (1) The architect or architectural firm shall always recognize the primary obligation is to protect the health, safety, and welfare of the public in the practice of architecture. If, in the architect's or architectural firm’s professional…

806-020-0030 Competence (1) In practicing architecture or providing architectural services, an architect or architectural firm shall act with reasonable care and competence and shall apply the technical knowledge and skill which is applied by architects and architectural firms of…

806-020-0040 Conflict of Interest (1) An architect or architectural firm shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties. (2) If an architect or archit…

806-020-0080 Misconduct Under the provisions of ORS 671.090, 671.220, and 671.990, an architect or architectural firm may be disciplined for misconduct for any of the following: (1) Signing or stamping technical submissions, reports, or other professional work which was not prepa…

806-020-0085 Incompetency Under the provisions of ORS 671.090, an architect is incompetent in the practice of architecture if the architect has: (1) Been adjudicated mentally incompetent by a court; (2) Engaged in conduct which evidenced a lack of ability or fitness to discharge …

808-001-0000 Notice Except as provided in OAR 808-001-0002, before adoption, amendment, or repeal of any permanent rule, the State Landscape Contractors Board shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21…

808-001-0002 Temporary Rule The State Landscape Contractors Board Administrator may adopt, amend, or suspend a rule as provided in ORS 183.335. Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 183.335 History: LSCB 2-1997, f. & cert. ef. 11-3-97 LCB 1-1988, …

808-001-0005 Model Rules The Landscape Contractors Board adopts the most current version of the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act, with the following exceptions: OAR137-005-0050, 137-005-0060, and 137-005-0070. [ED. NO…

808-001-0008 Operating Budget (1) Pursuant to ORS 182.462, the Board adopts the budget for the biennium beginning July 1, 2023, and ending June 30, 2025, as approved at a Board meeting held March 17, 2023, to reflect a total income amount of $2,029,835.00 and a total expense of $…

808-001-0015 Election of Officers The Board may elect a Board Chairman and Vice Chairman at the first board meeting held after January 1 of each year. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 670.300 & 671.630 History: LC 1-1984, f. & ef. 7-17-84…

808-001-0020 Charges for Documents; Refunds The Landscape Contractors Board adopts the most current version of the Department of Administrative Services Statewide Policy Number 107-001-030 regarding public records requests fees and charges, including the standardized fee schedule…

808-001-0030 When Mail Deemed Delivered; Response Time to Notices (1) Except as provided in section (2) of this rule, mail shall be considered delivered to a person when deposited in the United States mail with the correct amount of postage and addressed to the last known address…

808-001-0035 Migrated from Repeals and Renumbers file [Reserved] History: Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1990(Temp), f. & cert. ef. 3-28-90 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, ce…

808-001-0050 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

808-001-0060 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or emplo…

808-002-0020 Minimum Standards for Written Contracts and Billings (1) Contracts. Pursuant to ORS 671.625(2) a contract for landscaping work for which the business charges $2,000 or more for a landscape job must be in writing. For the purpose of this rule, “landscape job,” has the…

808-002-0100 Definitions Generally Except where the context requires otherwise, the definitions in this division govern the interpretation of ORS 671.510 to 671.710, 671.955 and OAR chapter 808. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Im…

808-002-0120 Action on the Bond or Deposit “Action on the Bond or Deposit” means an agency order that the claim be paid out of the deposit or bond as provided in ORS 671.703. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.7…

808-002-0130 Administrative Law Judge "Administrative law judge" means a person authorized to conduct hearings for the Office of Administrative Hearings. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 6-2003, f. & cert. ef. 1…

808-002-0140 Agency “Agency” means the State Landscape Contractors Board, Administrator, and staff. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671 History: LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010 L…

808-002-0145 Agriculture Exemption The following are exempt from ORS 671.510 to 671.760 pursuant to ORS 571.005(5)(a) to (e)(Definitions for ORS 571.005 to 571.230) and ORS 215.2023 (exclusive farm use zones): (1) All plants, including but not limited to trees, shrubs, or vines, …

808-002-0150 Backflow Assembly “Backflow assembly,” as used in ORS 671.615, means the combination of a backflow device and two manual control valves on either side of the device, and the plumbing in between. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemen…

808-002-0155 Bid “Bid” means offering to perform landscaping work on a given job site in return for compensation. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.520 History: LCB 7-2009, f. & cert. ef. 10-28-09

808-002-0160 Board “Board” means the seven-member Landscape Contractors Board appointed under ORS 671.630. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.630 History: LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808…

808-002-0200 Casual, Minor, or Inconsequential (1) "Casual, Minor, or Inconsequential" work, as used in ORS 671.540(1)(c)(C), includes: (a) The replacement of shrubs, vines, trees and nursery stock with varieties that are similar in habit and culture; (b) The replacement of exist…

808-002-0205 Charges “Charges” as used in ORS 671.690 means any compensation that a landscape contracting business asks for to perform landscaping work. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 7-2009, f. & cert. ef. 10…

808-002-0210 Claimant "Claimant" means a person who files a claim against a landscape contracting business under ORS 671.695. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 671 History: LCB 10-2008, f. & cert. ef. 11-6-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1…

808-002-0220 Claims “Claims” as used in ORS 671.690 to 671.710 and in division 4 of this chapter are: (1) “Breach of contract claim” means a claim for amounts due from a landscape contracting business as a result of a breach of contract in performing work subject to ORS 671.510 t…