Chapter 446 — Chapter 446
178 sections in this chapter.
ORS 446.176 Fees; rules. (1) The Director of the Department of Consumer and Business Services, with the approval of the Residential and Manufactured Structures Board, shall adopt regulations under the provisions of ORS chapter 183 to provide a schedule for plan review fees, insignia fees, inspection fees and other necessary fees based on the estimated cost of administering ORS 446.003 to 446.200 and 446.225 to 446.285
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(2) Fees collected by the department pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145. Moneys deposited into the fund pursuant to this section are continuously appropriated to the department for use as provided in O…
ORS 446.180 Safety standards of other states or national organization; rules. (1) If the Director of the Department of Consumer and Business Services determines that standards for construction, equipment and material installed in manufactured dwellings provided by the statutes or rules and regulations of other states are at least equal to the minimum safety standards prescribed under ORS 446.155 to 446.200, and that such statutes, rules and regulations are being enforced, the director may provide by rule that manufactured dwellings approved by such other state shall be considered approved by the director
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(2) Mobile homes built between September 1, 1969, and June 15, 1976, to the American National Standards Institute Mobile Home Standards A119.1 and which also bear an insignia of compliance from the State of California, Idaho, Nevada or Washington shall be considered to comply wit…
ORS 446.185 Minimum safety standards for equipment, material and installations; rules. (1) In compliance with ORS chapter 183, rules establishing minimum safety standards and requirements shall be adopted and enforced by the Director of the Department of Consumer and Business Services for manufactured dwellings and installations as prescribed in ORS 446.155
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(2) Minimum safety standards prescribed in ORS 446.155 to 446.200 shall be reasonably consistent with nationally recognized standards for construction of manufactured dwellings. Manufactured dwellings must be designed to protect the health and safety of the people of this state f…
ORS 446.190 Power to enjoin violations. When it appears to an inspecting authority that any person is engaged or about to engage in an act or practice which is in violation of ORS 446.155 to 446.200 or the rules and regulations issued thereunder, the inspecting authority may, without bond, obtain an order from an appropriate circuit court enjoining such act or practice. [1969 c.295 §10]
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[Repealed or reserved.]
ORS 446.198 Exemption for redevelopment in park destroyed by natural disaster. The Director of the Department of Consumer and Business Services may waive any requirements of ORS 446.003 to 446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that
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(1) The waiver is necessary or advisable to allow for the rapid development of a manufactured dwelling park approved under ORS 197A.440; and (2) The waiver will not jeopardize the health and safety of the occupants of the manufactured dwelling park. [2021 c.260 §4] Note: 446.198 …
ORS 446.200 Exemption from additional regulations. A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 §20; 1991 c.226 §6; 1995 c.251 §4; 2019 c.422 §7]
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[Repealed or reserved.]
ORS 446.210 [1969 c.295 §12; 1989 c.648 §21; 1993 c.744 §54; 2003 c.14 §266; 2005 c.758 §7; 2007 c.271 §1; repealed by 2017 c.364 §1]
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[Repealed or reserved.]
ORS 446.220 [1975 c.566 §2; repealed by 1983 c.65 §1]
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[Repealed or reserved.]
ORS 446.225 Administration and enforcement of federal manufactured housing safety and construction standards; rules. (1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383)
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(2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing s…
ORS 446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required. (1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings
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(2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply. (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on…
ORS 446.240 Safety standards for accessory structures; rules. The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 §4; 1989 c.648 §24]
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[Repealed or reserved.]
ORS 446.245 Permitted uses of manufactured dwellings. (1) Manufactured dwellings shall be used as single-family dwellings
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(2) Manufactured dwellings shall not be used for commercial purposes. (3) Exceptions to subsections (1) and (2) of this section are: (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in …
ORS 446.250 Duties of director; agreements with local governments; conditions. The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003, 446.111, 446.155, 446.160, 446.176, 446.225 to 446.285 and 446.990. Certification standards under this section shall relate to the inspections to be performed and shall not be more stringent for municipal inspectors than those applying to state inspectors. [1975 c.546 §5; 1983 c.250 §2; 1989 c.648 §25; 1989 c.1017 §4; 1991 c.409 §5; 1995 c.251 §5; 1997 c.205 §3; 2019 c.422 §9]
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[Repealed or reserved.]
ORS 446.252 Installation permit required. A person may not install a manufactured dwelling or an accessory building or structure without first obtaining from the Department of Consumer and Business Services or a municipality as provided under ORS 446.250 all permits necessary for installing the manufactured dwelling or the accessory building or structure on a lot. [1989 c.1017 §2; 1995 c.251 §6; 1997 c.205 §4; 2019 c.422 §10]
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[Repealed or reserved.]
ORS 446.253 Authority of director; authority of local governments. (1) The authority of the Director of the Department of Consumer and Business Services under ORS 446.250 is in addition to the provisions of ORS chapter 455. Where the provisions of ORS 446.252 and this section conflict with the provisions under ORS chapter 455, the provisions of ORS 446.252 and this section shall control
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(2) Except as otherwise provided by this subsection, any municipality that establishes a program under ORS 455.148 or 455.150 to administer and enforce installations of manufactured dwellings and accessory buildings or structures shall assume full responsibility for permit issuan…
ORS 446.255 Revocation of agreement with local government. (1) After written notice and hearing as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may revoke the certification of a local inspector certified under ORS 446.250, or the authority of a local government to enforce provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990, when it appears by competent evidence that the inspector or local government has consistently failed to act in the public interest in the enforcement of the provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990
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(2) Any proceedings under subsection (1) of this section shall be conducted pursuant to the provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.540, dealing with contested cases. [1975 c.546 §5a]
ORS 446.260 Notification by manufacturer of manufactured home defect; other disclosures; rules. (1) Every manufacturer of manufactured homes offered for sale or lease in this state shall furnish notification of any defect in any manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a federal manufactured housing construction or safety standard or constitutes an imminent safety hazard to the purchaser of the manufactured home, within a reasonable time after such manufacturer has discovered the defect
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(2) The Director of the Department of Consumer and Business Services is authorized to adopt rules for notification required by subsection (1) of this section. The rules shall conform to notification and correction of defects and record keeping requirements of the Secretary of Hou…
ORS 446.265 [1999 c.758 §6; 2019 c.411 §1; 2019 c.422 §13; 2021 c.18 §5; renumbered 197.746 in 2021]
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[Repealed or reserved.]
ORS 446.270 [1975 c.546 §7; 1977 c.161 §4; 1979 c.342 §2; 1979 c.593 §32a; 1981 c.897 §51; 1989 c.648 §27; 1991 c.226 §9; repealed by 2001 c.411 §31]
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[Repealed or reserved.]
ORS 446.271 Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 §2]
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[Repealed or reserved.]
ORS 446.280 Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities. The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420. [1975 c.546 §8; 1981 c.371 §1; 1987 c.414 §22a; 1989 c.527 §7; 1989 c.648 §28; 1991 c.226 §10; 1993 c.744 §56a; 1995 c.251 §8; 2005 c.621 §1; 2009 c.567 §30]
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[Repealed or reserved.]
ORS 446.285 Advisory board training and education programs. To assist the Director of the Department of Consumer and Business Services in administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974, and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential and Manufactured Structures Board may approve or conduct programs of training and education that maintain and advance the professional skills and abilities of persons engaged in manufacturing, delivery, installation, sale or service of manufactured dwellings. [1987 c.604 §14; 1989 c.648 §29; 1991 c.67 §119; 1991 c.226 §11; 1993 c.744 §57; 2009 c.567 §31; 2019 c.422 §14]
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TOURIST FACILITIES
ORS 446.310 Definitions for ORS 446.310 to 446.350. As used in ORS 446.310 to 446.350, unless the context requires otherwise
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(1) “Authority” means the Oregon Health Authority. (2) “Camping vehicle” means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and is being used for vacation and recreational purposes…
ORS 446.315 Policy. It is the public policy of this state to encourage construction of recreation parks by public agencies and private industry to satisfy the demand for outdoor recreation while establishing standards for recreationists and landowners so that these parks are maintained in a safe and sanitary condition. [1969 c.533 §1]
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[Repealed or reserved.]
ORS 446.317 Delegation of landlord duties; rules. (1) As used in this section
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(a) “Landlord” means a tourist facility owner holding a license issued under ORS 446.320. (b) “Tenant” means a person, or a public body as defined in ORS 174.109, that: (A) Is not under common ownership, management or control with the landlord; (B) Rents or leases all or part of …
ORS 446.320 Tourist facility license required. (1) No person shall establish, operate, manage or maintain a tourist facility, without a license from the Director of the Oregon Health Authority
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(2) Organizational camps operated under rental or leasehold agreements may be licensed either to the landlord or to the tenant provided that the license holder shall be responsible for compliance with ORS 446.310 to 446.350 and the rules adopted thereunder. [1969 c.533 §3; 1973 c…
ORS 446.321 Fee for license; rules. (1) Every applicant for a license under ORS 446.320 shall pay to the Oregon Health Authority a fee established by the authority by rule. The fee may not exceed $100, except that recreation parks shall pay an additional fee not to exceed $3 for each space
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(2) Rules adopted pursuant to subsection (1) of this section shall be adopted in accordance with ORS chapter 183. [1983 c.707 §12; 2005 c.22 §317; 2009 c.595 §814; 2019 c.510 §1]
ORS 446.322 Issuance of license. Upon receipt of a completed application on an Oregon Health Authority form, required fee, and after representation by the applicant that the facility is in compliance with the provisions of ORS 446.310 to 446.350, and the rules adopted pursuant thereto, and the requirements of the Department of Consumer and Business Services, the authority shall issue a license, unless there is reason to believe noncompliance exists. [1983 c.707 §13; 1985 c.809 §1; 1987 c.414 §24; 1993 c.744 §58; 1995 c.79 §223; 2009 c.595 §815]
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[Repealed or reserved.]
ORS 446.323 Failure to apply for or renew license; transferability of license; refunds. (1) Any person failing to apply for licensing within 30 days after engaging in the recreation park or travelers’ accommodation business is delinquent and shall pay a penalty fee equal to the license fee plus the fee provided in ORS 446.321
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(2) Any person, initially licensed under ORS 446.310 to 446.350 for engaging in the recreation park or travelers’ accommodation business who has failed to renew a license on or before the expiration date is delinquent. If delinquency extends 15 days past the expiration date, a pe…
ORS 446.324 Denial, suspension or revocation of license; civil penalty; hearing. (1) If any applicant for licensing or any person to whom a license has been issued fails to comply with the provisions of ORS 446.310 to 446.350 or with the rules adopted pursuant thereto, the Oregon Health Authority may deny issuance of, suspend or revoke the license or assess a civil penalty
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(2) Hearings on the denial, suspension or revocation of a license or on assessing a civil penalty shall be conducted as a contested case in accordance with ORS chapter 183. [1983 c.707 §15; 2009 c.595 §816]
ORS 446.325 Exemptions from license requirement. (1) Persons and public bodies, as defined in ORS 174.109, that operate transitional housing accommodations under ORS 197A.452, timber companies and private utilities may not establish or operate a recreation park without complying with the rules of the Oregon Health Authority and securing the approval of the Director of the Oregon Health Authority or designee but are exempt from the licensing requirement of ORS 446.320. The director or designee may delegate, to a health official having sufficient environmental health specialists, the authority to approve such recreation parks
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(2) ORS 446.310 to 446.350 do not apply to: (a) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time…
ORS 446.330 Rules. In accordance with ORS chapter 183, the Oregon Health Authority may adopt any rules necessary for the administration of ORS 446.310 to 446.350 and 446.990, including but not limited to rules, concerning the construction, operation and use of tourist facilities that are necessary to protect the health and welfare of persons using these facilities. The rules shall pertain but not be restricted to water supply, final sewage disposal, surface drainage, maintenance, insect and rodent control, garbage disposal, designation and maintenance of camping space and the cleanliness of the premises. [1969 c.533 §5; 1973 c.560 §16; 1983 c.707 §16; 1985 c.809 §2; 2009 c.595 §818]
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[Repealed or reserved.]
ORS 446.335 Inspection of parks and camps; right of access; notice of reopening seasonal facility. (1) The Director of the Oregon Health Authority or designee may inspect every tourist facility to determine whether it conforms with ORS 446.310 to 446.350 and the rules adopted pursuant thereto. A person operating such facility shall permit the director or designee access to all of the facility at any reasonable time
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(2) The operator of a seasonal facility which customarily is closed for 120 days or more in any 12-month period shall notify the director in writing of the intention to reopen at the beginning of a season. Notice shall be given at least 30 days prior to the reopening. [1969 c.533…
ORS 446.337 [1981 c.749 §26; 1983 c.707 §18; 1985 c.809 §4; renumbered 456.837 and then 455.680 in 1987]
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[Repealed or reserved.]
ORS 446.340 Responsibility of owner or operator for sanitary conditions. (1) The owner or operator of a recreation park or organizational camp is responsible for the sanitary condition of the park grounds and buildings
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(2) If sanitary facilities are not provided in a recreation park or organizational camp for the safe disposal of sewage or other wastes from a camping vehicle, a notice shall be posted in a conspicuous place stating that camping vehicles are permitted overnight only if the vehicl…
ORS 446.342 [1979 c.789 §4; repealed by 1983 c.707 §29]
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[Repealed or reserved.]
ORS 446.345 Prohibited acts. No person shall
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(1) Use kitchen or toilet facilities in a camping vehicle being operated on a highway or parked overnight at a place where sanitary facilities are not provided unless the person makes provision whereby sewage and other waste materials can be held in watertight and sanitary contai…
ORS 446.347 Civil penalties; notice. (1) In addition to any other penalty provided by law, any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a tourist facility or part thereof may incur a civil penalty not to exceed $1,000 per violation
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(2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days’ advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice…
ORS 446.348 Determining amount of penalty; rules; schedule; factors. (1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation
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(2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors: (a) The past history of …
ORS 446.349 Civil penalty. (1) Any civil penalty under ORS 446.348 shall be imposed in the manner provided in ORS 183.745
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(2) Failure to remit civil penalty within 10 days after the order becomes final is grounds for license revocation. (3) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1983 c.707 §27; 1989 c.706 §14; 1991 c.734 §26]…
ORS 446.350 Tourist Facility Account. The Tourist Facility Account is established in the General Fund of the State Treasury. All moneys received under ORS 446.310 to 446.350 by the Director of the Oregon Health Authority shall be credited to the Tourist Facility Account. All moneys in the account are appropriated continuously to the Oregon Health Authority for the purpose of administering and enforcing ORS 446.310 to 446.350. [1969 c.533 §9; 1973 c.560 §20; 1983 c.707 §19; 2009 c.595 §824]
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[Repealed or reserved.]
ORS 446.375 [1981 c.190 §2; repealed by 1983 c.707 §29]
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[Repealed or reserved.]
ORS 446.380 [1989 c.482 §1; renumbered 456.426 in 2019]
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[Repealed or reserved.]
ORS 446.385 [1989 c.482 §2; renumbered 456.429 in 2019]
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[Repealed or reserved.]
ORS 446.390 [1989 c.482 §3; renumbered 456.433 in 2019]
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[Repealed or reserved.]
ORS 446.392 [2005 c.826 §11; renumbered 456.422 in 2019]
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LICENSING OF INSTALLERS OF MANUFACTURED DWELLINGS OR CABANAS
ORS 446.395 License required; issuance; employment of nonlicensed installer prohibited. (1) Except as provided by rule by the Director of the Department of Consumer and Business Services, an individual must obtain an installer license under ORS 446.400 before installing a manufactured dwelling or cabana
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(2) An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and Department of Consumer and Business Services rules adopted under ORS 446.003 to 446.240, 446.395 to 446.420 and 455.117. (3) Instal…
ORS 446.400 Procedures for licensing; fees. (1) The Department of Consumer and Business Services, subject to approval of the Residential and Manufactured Structures Board, shall issue licenses as provided by department rules adopted under ORS 455.117 to individuals to install manufactured dwellings and cabanas. The board may adopt classifications of installers including, but not limited to, temporary installer, limited installer and installer
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(2) In determining the appropriate initial license and renewal fees for installers, the Director of the Department of Consumer and Business Services, with the approval of the board, shall ensure that the annual income to the department from license and renewal fees established un…
ORS 446.405 Complaint procedure; inspections; rules; fees; failure to obey order of department. (1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. The department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the Director of the Department of Consumer and Business Services, the department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance
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(2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section. (3) If the installer fails to bring the installation into compliance as ordered, the department may suspend or revoke …
ORS 446.410 Use of fees. Fees collected by the Department of Consumer and Business Services pursuant to ORS 446.003 and 446.395 to 446.420 shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423. [1989 c.683 §6; 1993 c.744 §62; 2001 c.411 §15; 2001 c.710 §7a]
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[Repealed or reserved.]