Chapter 446 — Chapter 446

ORS 446.415 [1989 c.683 §7; 1991 c.67 §121; 1991 c.226 §15; 1991 c.734 §27; 1993 c.744 §63; repealed by 2001 c.411 §31]

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ORS 446.416 Civil penalty for violation of ORS 446.395 to 446.420 or related rules. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.395 to 446.420 or rules adopted for the administration and enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 §4]

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ORS 446.420 License required to maintain action. An installer may not file a lien, or bring or maintain in any court of this state a suit or action, for compensation for the performance of any work requiring a license under ORS 446.003, 446.395 to 446.420 and 455.230 or for the breach of any contract for installation work which is subject to ORS 446.003, 446.395 to 446.420 and 455.230, unless the installer was

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ORS 446.423 Use of moneys. Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously appropriated to the Department of Consumer and Business Services for carrying out any of the duties, functions and powers of the department under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and rules adopted thereunder. [2001 c.710 §1; 2003 c.655 §74a; 2003 c.675 §7; 2017 c.364 §2]

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ORS 446.425 Delegation to county to administer certain sanitation laws; fees. (1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners which requests any of the duties and functions of the director under ORS 446.310, 446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section

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ORS 446.430 Delegation to county or city to administer rules regulating parks; fees. (1) The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee collection, plan review, inspections, enforcement and issuance and revocation of permits in compliance with standards for enforcement by the counties or cities and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county or city officials and in accordance with ORS 446.062. The department shall review and monitor each county’s or city’s performance under this subsection. In accordance with ORS chapter 183, the department may suspend or rescind a delegation under this subsection. If it is determined that a county or city is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section

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ORS 446.435 Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites. Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to

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ORS 446.440 Application of condominium provisions to parks. (1) The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter

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ORS 446.510 [1959 c.314 §1; 1961 c.610 §16; repealed by 1973 c.833 §48]

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ORS 446.515 [1989 c.918 §2; 2005 c.619 §24; 2019 c.625 §15; renumbered 456.407 in 2019]

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ORS 446.520 [1959 c.314 §2; 1971 c.588 §2; repealed by 1973 c.833 §48]

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ORS 446.525 [1989 c.918 §3; 1999 c.676 §28; 2007 c.71 §134; 2007 c.906 §43; 2015 c.217 §2; 2019 c.533 §2; 2019 c.625 §§17,23; renumbered 456.418 in 2019]

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ORS 446.530 [1959 c.314 §3; 1971 c.588 §3; repealed by 1973 c.833 §48]

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ORS 446.533 [1989 c.918 §4; 2007 c.217 §3; 2019 c.625 §3; renumbered 456.414 in 2019]

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ORS 446.535 [1971 c.588 §13; repealed by 1973 c.833 §48]

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ORS 446.537 [1989 c.918 §5; repealed by 1991 c.844 §22]

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ORS 446.540 [1959 c.314 §4; repealed by 1973 c.833 §48]

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ORS 446.543 [1989 c.918 §8; 1995 c.28 §1; 1997 c.577 §45; 1999 c.676 §29; 2003 c.21 §3; 2005 c.22 §318; 2007 c.906 §9; 2019 c.625 §4; renumbered 456.403 in 2019]

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ORS 446.545 [1971 c.588 §9; repealed by 1973 c.833 §48]

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ORS 446.547 [1989 c.918 §10; 2019 c.625 §16; renumbered 90.769 in 2019]

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ORS 446.550 [1959 c.314 §5; repealed by 1973 c.833 §48]

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ORS 446.560 [1959 c.314 §6; repealed by 1973 c.833 §48]

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ORS 446.561 Definitions for ORS 446.566 to 446.646. As used in ORS 446.566 to 446.646

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ORS 446.566 Ownership document contents. The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services

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ORS 446.568 Provision of certain ownership document information to Department of Consumer and Business Services. (1) Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the department if the dealer complies with an instruction from the purchaser to provide the information to a lender, escrow agent, title company or other designee of the purchaser. A lender, escrow agent, title company or other designee of the purchaser that receives the information described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall provide the information to the department. However, the provision of information described in ORS 446.566 (3) to (7) to the purchaser does not excuse a manufactured structure dealer from the duty to provide the information to the department

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ORS 446.570 [1959 c.314 §7; 1971 c.588 §5; repealed by 1973 c.833 §48]

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ORS 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

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ORS 446.575 [1971 c.588 §§11,12,14; repealed by 1973 c.833 §48]

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ORS 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

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ORS 446.580 [1959 c.314 §8; repealed by 1973 c.833 §48]

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ORS 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]

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ORS 446.586 Definitions for ORS 446.586 to 446.606. As used in ORS 446.586 to 446.606

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ORS 446.590 [1959 c.314 §9; repealed by 1973 c.833 §48]

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ORS 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

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ORS 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

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ORS 446.600 [1959 c.314 §10; 1971 c.588 §5a; 1971 c.650 §23; repealed by 1973 c.833 §48]

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ORS 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)

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ORS 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

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ORS 446.610 [1959 c.314 §§11,12,13,14; 1971 c.734 §64; repealed by 1973 c.833 §48]

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ORS 446.611 Perfection of security interest in manufactured structure having ownership document. (1)(a) Except as provided in paragraph (b) of this subsection, the exclusive means for perfecting a security interest in a manufactured structure that has an ownership document is by application for and notation of the security interest in the manufactured structure ownership document records of the Department of Consumer and Business Services. The application to have a security interest noted may be included as part of the application for issuance of an original ownership document. The department shall record the date of receipt of an application to have a security interest noted on the ownership document. The security interest is perfected as provided in ORS 79A.3110 upon the department’s entering the security interest in the records maintained by the department under ORS 446.571. The department shall note the interest on a new or updated ownership document and send the document as provided in ORS 446.571. A security interest perfected under this section continues in effect until released by the holder of the interest

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ORS 446.615 [1971 c.588 §15; repealed by 1973 c.833 §48]

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ORS 446.616 Transfer of interest in manufactured structure. (1) Except as otherwise provided in subsection (2) or (3) of this section, upon the transfer of any interest in a manufactured structure shown on an ownership document, each person whose interest is released, terminated, assigned or transferred shall acknowledge the release, termination, assignment or transfer of that interest in a manner specified by the Department of Consumer and Business Services by rule. The department shall design the rules adopted for purposes of this subsection to protect the interests of all parties to the transfer of interest

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ORS 446.620 [1959 c.314 §15; 1963 c.170 §1; 1971 c.588 §5b; repealed by 1973 c.833 §48]

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ORS 446.621 Effect of certificate of title or other documentation of ownership. (1) A certificate of title for a manufactured structure issued by the Department of Transportation prior to May 1, 2005, is effective as a document evidencing ownership of the manufactured structure. If the manufactured structure does not have a title pursuant to ORS 308.855 or 308.860 (1969 Replacement Part), a tax record showing that a person has paid the ad valorem tax assessment on the structure since 1972 is a document evidencing the person’s ownership of the structure

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ORS 446.626 Recording manufactured structures in county deed records; effect on security interest; recording as establishment of real property interest. (1) The owner of a manufactured structure that qualifies under this subsection may apply to the county assessor to have the structure recorded in the deed records of the county. The application must be on a form approved by the Department of Consumer and Business Services. The application must include a description of the location of the real property on which the manufactured structure is or will be sited. If the structure is being sold by a manufactured structure dealer, the dealer may file the application on behalf of the owner within the time described in ORS 446.736 (7). A manufactured structure qualifies for recording in the deed records if the owner of the structure

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ORS 446.630 [1959 c.314 §16; repealed by 1973 c.833 §48]

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ORS 446.631 Process for moving manufactured structure; fees. (1) A person may not move a manufactured structure to a different situs unless the Department of Consumer and Business Services approves the move and the county assessor issues a trip permit on behalf of the department. An application to move a manufactured structure must be filed in the manner and form required by department rule and include the following

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ORS 446.635 [1967 c.598 §2; 1971 c.588 §6; repealed by 1973 c.833 §48]

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ORS 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

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ORS 446.640 [1959 c.314 §17; repealed by 1973 c.833 §48]

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