Title 36, Public Health and Safety

(1) Manufactured dwellings shall be used as single-family dwellings. (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-fam…

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 bu…

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 t…

(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 …

(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 pr…

(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 construct…

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 autho…

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 Hous…

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…

As used in ORS 446.310 to 446.350, unless the context requires otherwise: (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 fo…

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…

(1) As used in this section: (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) Re…

(1) No person shall establish, operate, manage or maintain a tourist facility, without a license from the Director of the Oregon Health Authority. (2) Organizational camps operated under rental or leasehold agreements may be licensed either to the landlord or to the tenant provid…

(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. (2) Rules adopted pursua…

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 th…

(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. (2) Any person, initially licensed unde…

(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…

(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…

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 …

(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…

(1) The owner or operator of a recreation park or organizational camp is responsible for the sanitary condition of the park grounds and buildings. (2) If sanitary facilities are not provided in a recreation park or organizational camp for the safe disposal of sewage or other wast…

No person shall: (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 an…

(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. (2) No …

(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. (2) The director may impose the penalty without hearing but only after the notice required by ORS 4…

(1) Any civil penalty under ORS 446.348 shall be imposed in the manner provided in ORS 183.745. (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 S…

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 con…

(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. (2) An individual required by subsection (1) of this section t…

(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 m…

(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…

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 OR…

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 O…

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…

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 ap…

(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 coun…

(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 …

Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to: (1) 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 transi…

(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. (2) Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purpose…

As used in ORS 446.566 to 446.646: (1) Except as provided in subsection (2) of this section, “manufactured structure” means: (a) A manufactured dwelling. As used in this paragraph, “manufactured dwelling” has the meaning given that term in ORS 446.003 and also includes a structur…

The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services: (1) All ownership interests, for a manufactured structure sold in this state. (2) A change in location, for a manufactured…

(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…

(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 …

(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: (a) Manufactured structures owned by the United States Government. (b) Manufactured structures held as inventor…

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] Note: See note under 446.561.

As used in ORS 446.586 to 446.606: (1) “Holder or other person” means the manufactured structure owner or other person having an interest in the structure as indicated in the records of the Department of Consumer and Business Services. (2) “Last-known address” means: (a) The addr…

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 cond…

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 havi…

(1) The Department of Consumer and Business Services shall treat an application described in ORS 446.591 (5): (a) As an application for issuance of a replacement or original ownership document that reflects the sale of the manufactured structure or the creation or transfer of the…

(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. (2) An escrow agent may charge the person owning the ma…

(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 doc…

(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, term…