Oregon Administrative Code

808-002-0240 Compensation "Compensation" means payment made or value received in the form of money, goods, or services in return for landscape contracting. Compensation includes, but is not limited to, the following: (1) Profit from the sale or lease of property where landscaping…

808-002-0260 Court, Arbitrator or Other Entity “Court, arbitrator or other entity” means a court of competent jurisdiction or an arbitrator or other entity authorized by law or the parties to a dispute to effect a resolution to the dispute. Statutory/Other Authority: ORS 183.325 …

808-002-0278 Project “Project” as used in ORS 671.690 means the landscape job as defined in OAR 808-002-0495. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 7-2009, f. & cert. ef. 10-28-09

808-002-0280 Date Work Completed (1) Except as provided in subsection (4) of this rule, the phrase "Date Work Completed" means: (a) The date when all the provisions of the contract were substantially fulfilled, excluding warranty work; or (b) The date the landscape contracting bu…

808-002-0290 Days “Days” as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671 History: LCB 4-2002, f. & cert. ef. 12-4-02

808-002-0300 Defective Materials "Defective Materials" are materials which are below the standard quality normally used unless specified in the written or verbal contract. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.610 …

808-002-0320 Defective Work "Defective Work" as used in ORS 671.610 means work which is found to be negligent or improper: (1) In final administrative orders, arbitration awards, court orders, or any combination of thereof; (2) Based on claims made under ORS 671.695 to 671.703 ag…

808-002-0325 Direct Contractual Relationship "Direct Contractual Relationship" as used in OAR 808-004-0320 has the following meanings: (1) For a negligent or improper work claim, a breach of contract claim, or a construction lien claim "direct contractual relationship" means a re…

808-002-0328 Direct Supervision "Direct supervision" as used in ORS 671.540(1)(q) and (r), means that a licensed landscape construction professional supervises any unlicensed employee who performs landscaping work such that the employee: (1) Has had instruction on the project fro…

808-002-0330 Dishonest or Fraudulent Conduct "Dishonest or fraudulent conduct," as used in ORS 671.610(1)(q), includes, but is not limited to, the following: (1) Failing to pay monies when due for materials or services rendered in connection with the applicant's or licensee's ope…

808-002-0338 Landscape Drainage Systems (1) "Landscape Drainage Systems," as used in ORS 671.520(1)(c), mean assemblies of piping and fittings that are used to drain lawns, trees, shrubs, and nursery stock and other landscape work. These assemblies of piping and fittings may drai…

808-002-0340 Employ "Employ," as used in ORS 671.530(6), 671.565(1)(b) and 671.610(2)(f), means to hire an employee, as defined in OAR 808-002-0360, and thereafter be subject to ORS Chapters 654, 656, 657 and state and federal wage and hour laws. Statutory/Other Authority: ORS 67…

808-002-0360 Employee "Employee" means any individual working for remuneration who does not meet the requirements of an independent contractor in ORS 670.600. Employee does not include either a subcontractor that is an independent contractor, or a leased or temporary employee. St…

808-002-0390 Family Members “Family members” means members of the same family and are related as parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, or grandchildren. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS…

808-002-0420 Full Year of Training "Full Year of Training in an area related to landscaping at an Accredited School or College", as used in ORS 671.570(1)(d)(B) means 36 quarter hours or 24 semester hours of classes relating to landscape contracting at a school or college accredi…

808-002-0440 Given Job Site “Given Job Site” means a fixed location, but in the instance of a building complex, not necessarily a single address. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.540 History: LCB 3-1999, f. & …

808-002-0451 Improper Work "Improper" work as used in ORS 671.690(2)(c) and ORS 671.695(1)(b) and (3)(b) means not suited to the circumstances, design or given job site. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.690 & ORS 671.695 His…

808-002-0455 Install (1) For the purpose of ORS 671.520, ORS 671.522, OAR 808-002-0500 and OAR 808-002-0780 "install" means: (a) The planting of lawns, trees, shrubs, vines and nursery stock outdoors including the preparation of the property. For the purpose of this rule, plantin…

808-002-0480 Irrigation Systems "Irrigation systems" as used in ORS 671.520(1)(e): (1) Includes, but are not limited to, assemblies of station or master valves, piping, sprinklers, nozzles, emitters, filters, or controllers and the positioning and piping of pumps; that are instal…

808-002-0490 Landscape Edging "Landscape edging," as used in ORS 671.520(1)(f), means concrete, metal, plastic, wood or other material that is used to separate different elements of a landscape from each other. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Imple…

808-002-0495 Landscape Job “Landscape job”, means the performance of, bidding on, contracting for, or arranging for landscaping work on a given job site with the same owner in any 12-month period, regardless of the number of contracts or bids submitted. Statutory/Other Authority:…

808-002-0500 Landscaping Work "Landscaping Work," as used in ORS 671.530, 671.540, 671.555, 671.595, 671.563, 671.568, 671.570, 671.660(5), and 671.690, and 671.710, means:¶ (1) The planning or installing of lawns, shrubs, vines, trees, and nursery stock outdoors including the pr…

808-002-0520 Landscaping Work on Residential Property “Landscaping work on residential property that is directly related to local building code requirements or occupancy ordinances” as used in ORS 671.540(1)(i) means landscaping work performed on specific residential dwelling sit…

808-002-0540 Last-Known Address of Record "Last-known address of record" for a landscape construction professional, or a landscape contracting business, as used in ORS 671.603(2), means the mailing address provided by the landscape construction professional or landscape contracti…

808-002-0560 Legal Entity “Legal Entity” includes, but is not limited to, an individual, a partnership, a limited liability partnership, a corporation, a limited liability company, an association, or a firm. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Stat…

808-002-0580 Legal Holiday “Legal Holiday” is any day designated by ORS 187.010 to 187.020. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 187 History: LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010 LCB 1-199…

808-002-0590 Lienor “Lienor” means a person who holds a construction lien on another’s property. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Chapter 149 OL 2007 History: LCB 6-2007, f. 12-24-07, cert. ef. 1-1-08

808-002-0620 Landscape Maintenance "Landscape Maintenance" means the regular and practical care of existing landscapes and would include, but is not limited to: (1) The mowing, trimming and edging of lawns; (2) The placement of mulching materials including, but not limited to, ba…

808-002-0623 Manages or Shares In the Management “Manages or shares in the management” means to have a position in the business that is accountable for exercising delegated authority over the human and financial resources to accomplish the objectives of the business which may inc…

808-002-0625 Managing Employee The term “Managing Employee” is defined as any individual, including a general manager, business manager, or administrator employed by a landscape contracting business who exercises operational or managerial control over the business activities of t…

808-002-0650 Minority Shareholder “Minority shareholder,” as used in ORS 671.607(2)(a) means a shareholder of a corporation who owns or controls less than one-half the total shares outstanding. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.6…

808-002-0665 Monetary Damages “Monetary damages” may include, but is not limited to: (1) The dollar amount required in excess of the contract amount to provide the claimant what was agreed to be provided under the terms of the contract minus any amount due and unpaid the licensed…

808-002-0680 Nature and Complexity “Nature or Complexity” as used in ORS 671.703 includes, but is not limited to the following meaning: (1) Involves issues requiring legal interpretation of statutes and case law that are not normally part of a landscaping claim; (2) In the intere…

808-002-0685 Negligent "Negligent" as used in ORS 671.690(2)(c), 671.695(1)(a) and (3)(a) means failure to exercise the care of a reasonably prudent person in like circumstances. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.695 & 671.520 Hi…

808-002-0725 Office of Administrative Hearings “Office of Administrative Hearings” means the Office of Administrative Hearings established under ORS 183.605. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 1-2005, f. & cert. e…

808-002-0730 Ornamental Water Features (1) "Ornamental Water Features," as used in ORS 671.520(1)(c) & (5), means outdoor fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions including shallow, decorative pools (singularly or in combinat…

808-002-0734 Owner (1) "Owner," as defined in ORS 671.607 means: (a) A person described in ORS 671.607(1)(d); (b) A general partner in a limited partnership; (c) A majority stockholder in a limited partnership; (d) A manager in a manager-managed limited liability company; (e) A m…

808-002-0755 Patio “Patio” as used in ORS 671.520 and 671.690 is a single or multi-level area, which may be accessorized, including but not limited to stairs, railings, seating, covers, low voltage lighting fire pits, outdoor kitchens and outdoor wood fire ovens and ornamental wa…

808-002-0760 Person “Person” means any legal entity. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.510 - 671.720 History: LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010 LCB 1-1999, f. & cert. ef. 2-11-99…

808-002-0775 Piping “Piping” as used in ORS 671.540(1)(m), (n) & (o) and OAR 808-002-0480 means water distribution pipe, of any type or composition, including connecting fittings, used in an irrigation system. Piping does not include valves, control wires, sprinkler heads, emitte…

808-002-0780 Plan and Install "Plan or Install" as used in ORS 671.520(2)(a) and (f) means: (1) “Plan,” for the purposes of this rule, means the ability to lay out verbally, or in sketch or scale drawing form, a landscape project for implementation, including preparation, constru…

808-002-0785 Primary Contractor "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; w…

808-002-0800 Renew License “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. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.60…

808-002-0808 Repair or Maintenance Work on Piping for an Irrigation System 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 irriga…

808-002-0820 Residential Dwelling "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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Impleme…

808-002-0840 Residential Property "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. Statutory/Other Authority: ORS 670.310 & 671.670 Statute…

808-002-0870 Respondent “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 671.510 to 671.625 and 671.950 to 671.992. Statutory/Other …

808-002-0872 Retaining Walls 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 chang…

808-002-0875 Rough Grading “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 pla…

808-002-0880 Sod and Seed "Sod and Seed" means planting grass seed, vegetative parts or laying sod. Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.520 History: LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 3-1999, f. & cert.…