oregon laws 2019 chap. 585

OREGON LAWS 2019 Chap. 585

CHAPTER 585

AN ACT HB 2333

Relating to recreational vehicles; creating new pro-visions; amending ORS 90.100, 90.425, 197.492,215.010, 305.288, 307.190, 307.651, 319.550, 446.003,446.155, 446.170, 446.561, 446.661, 455.010, 455.117,456.594, 469.155, 469.631, 469.649, 469.710, 480.450and 801.409 and section 25, chapter 422, OregonLaws 2019 (Enrolled Senate Bill 410); and re-pealing ORS 306.006.

Be It Enacted by the People of the State of Or-egon:

PARK MODEL OPTIONAL TITLES

SECTION 1. Section 2 of this 2019 Act isadded to and made a part of ORS chapter 803.

SECTION 2. (1) As used in this section:(a) “Mobile home park” has the meaning

given that term in ORS 446.003.(b) “Park model recreational vehicle” means

a recreational vehicle, as defined in section 6 ofthis 2019 Act, that:

(A) Is designed for use as temporary livingquarters;

(B) Is built on a single chassis mounted onwheels;

(C) Has a gross trailer area that does notexceed 400 square feet;

(D) Is more than eight and one-half feetwide;

(E) Complies with any manufacturing stand-ards that the Director of Transportation recog-nizes as being in widespread use and applicableto park model recreational vehicles; and

(F) Meets any other requirements imposedby the director by rule.

(2) The Department of Transportation, byrule, may provide for optional titling under ORS803.035. The department may not issue a regis-tration for a park model recreational vehicle.

(3) The department may require an applicantfor optional titling to:

(a) Provide a manufacturer certificate orother information the department deems ade-quate for ensuring that the vehicle was con-structed in compliance with manufacturingstandards described in subsection (1)(b)(E) ofthis section; and

(b) Attest that the vehicle:(A) Is not permanently affixed to land for

use as a permanent dwelling; or(B) Is located within a mobile home park.

SECTION 2a. If Senate Bill 410 becomes law,section 2 of this 2019 Act is amended to read:

Sec. 2. (1) As used in this section:(a) “Mobile home park” has the meaning given

that term in ORS 446.003.

(b) “Park model recreational vehicle” means arecreational vehicle, as defined in section [6 of this2019 Act] 25, chapter 422, Oregon Laws 2019 (En-rolled Senate Bill 410), that:

(A) Is designed for use as temporary living quar-ters;

(B) Is built on a single chassis mounted onwheels;

(C) Has a gross trailer area that does not exceed400 square feet;

(D) Is more than eight and one-half feet wide;(E) Complies with any manufacturing standards

that the Director of Transportation recognizes asbeing in widespread use and applicable to parkmodel recreational vehicles; and

(F) Meets any other requirements imposed by thedirector by rule.

(2) The Department of Transportation, by rule,may provide for optional titling under ORS 803.035.The department may not issue a registration for apark model recreational vehicle.

(3) The department may require an applicant foroptional titling to:

(a) Provide a manufacturer certificate or otherinformation the department deems adequate for en-suring that the vehicle was constructed in compli-ance with manufacturing standards described insubsection (1)(b)(E) of this section; and

(b) Attest that the vehicle:(A) Is not permanently affixed to land for use as

a permanent dwelling; or(B) Is located within a mobile home park.

RECREATIONAL VEHICLE CONVERSION


SECTION 4. (1) A recreational vehicle thathas a title issued by the Department of Trans-portation does not qualify as a structure. If arecreational vehicle is being converted to use asa structure, at the time of commencing theconversion the owner shall surrender the titleand any registration issued for the recreationalvehicle to the department for cancellation. Arecreational vehicle that is converted to use asa structure is subject to the state building code.

(2) There is a rebuttable presumption that arecreational vehicle has been converted to useas a structure if the recreational vehicle is lo-cated outside of a mobile home park as definedin ORS 446.003 and:

(a) Has been rendered structurally immobile;or

(b) Has direct attachment to utilities.

WARRANTY STATEMENT

SECTION 5. (1) As used in this section:(a) “Living area components” means floor-

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Chap. 585 OREGON LAWS 2019

ing, roofing, building envelope, plumbing sys-tems, electrical systems and heating and airconditioning systems.

(b) “Recreational vehicle” has the meaninggiven that term in section 6 of this 2019 Act.

(2) The seller of a new recreational vehicleshall provide the buyer with written informationlisting each living area component item or sys-tem mentioned in subsection (1)(a) of this sec-tion, stating whether the component item orsystem is covered by a warranty and, if so, theextent and length of the warranty.


Sec. 5. (1) As used in this section:(a) “Living area components” means flooring,

roofing, building envelope, plumbing systems, elec-trical systems and heating and air conditioning sys-tems.

(b) “Recreational vehicle” has the meaning giventhat term in section [6 of this 2019 Act] 25, chapter422, Oregon Laws 2019 (Enrolled Senate Bill410).

(2) The seller of a new recreational vehicle shallprovide the buyer with written information listingeach living area component item or system men-tioned in subsection (1)(a) of this section, statingwhether the component item or system is covered bya warranty and, if so, the extent and length of thewarranty.

NEW DEFINITION OF“RECREATIONAL VEHICLE”

SECTION 6. As used in the statutes of thisstate:

(1) “Recreational vehicle” has the meaninggiven that term in this section only if the stat-ute using “recreational vehicle” makes specificreference to this section and indicates that theterm has the meaning given in this section.

(2) “Recreational vehicle,” subject to subsec-tion (1) of this section, means a vehicle with orwithout motive power, that is designed for useas temporary living quarters and as further de-fined by rule by the Director of Transportation.

SECTION 6a. If Senate Bill 410 becomes law,section 6 of this 2019 Act is repealed and section25, chapter 422, Oregon Laws 2019 (EnrolledSenate Bill 410), is amended to read:

Sec. 25. (1) As used in the statutes of this state,“manufactured structure” has the meaning giventhat term in this section only if the statute using“manufactured structure” makes specific referenceto this section and indicates that the term used hasthe meaning given in this section. As used in thestatutes of this state, “recreational vehicle” has themeaning given that term in this section only if thestatute using “recreational vehicle” makes specificreference to this section or section 26 [of this 2019

Act], chapter 422, Oregon Laws 2019 (EnrolledSenate Bill 410), and thereby indicates that theterm used has the meaning given in this section.

(2) “Manufactured structure” means a manufac-tured dwelling, as defined in ORS 446.003, or a rec-reational vehicle, as defined in this section.

(3) “Recreational vehicle” means a vehicle withor without motive power[,] that is designed for [hu-man occupancy and to be used temporarily for recre-ational, seasonal or emergency purposes] use astemporary living quarters and as further definedby rule by the Director of Transportation.

REMOVAL OF RECREATIONAL VEHICLESFROM DEPARTMENT OF CONSUMER AND

BUSINESS SERVICES REGULATION

SECTION 7. ORS 446.003 is amended to read:446.003. As used in ORS 446.003 to 446.200 and

446.225 to 446.285, and for the purposes of ORSchapters 195, 196, 197, 215 and 227, the followingdefinitions apply, unless the context requires other-wise, or unless administration and enforcement bythe State of Oregon under the existing or revisedNational Manufactured Housing Construction andSafety Standards Act would be adversely affected,and except as provided in ORS 446.265:

(1) “Accessory building or structure” means anyportable, demountable or permanent structure estab-lished for use of the occupant of the manufacturedstructure and as further defined by rule by the Di-rector of the Department of Consumer and BusinessServices.

(2)(a) “Alteration” means any change, addition,repair, conversion, replacement, modification or re-moval of any equipment or installation that may af-fect the operation, construction or occupancy of amanufactured structure.

(b) “Alteration” does not include:(A) Minor repairs with approved component

parts;(B) Conversion of listed fuel-burning appliances

in accordance with the terms of their listing;(C) Adjustment and maintenance of equipment;

or(D) Replacement of equipment or accessories in

kind.(3) “Approved” means approved, licensed or cer-

tified by the Department of Consumer and BusinessServices or its designee.

(4) “Board” means the Residential and Manufac-tured Structures Board.

(5) “Cabana” means a stationary, lightweightstructure that may be prefabricated, or demountable,with two or more walls, used adjacent to and inconjunction with a manufactured structure to pro-vide additional living space.

(6) “Certification” means an evaluation processby which the department verifies a manufacturer’sability to produce manufactured structures to thedepartment rules and to the department approvedquality control manual.

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(7) “Conversion” or “to convert” means theprocess of changing a manufactured structure inwhole or in part from one type of vehicle or struc-ture to another.

(8) “Dealer” means any person engaged in thebusiness of selling, leasing or distributing manufac-tured structures or equipment, or both, primarily topersons who in good faith purchase or lease manu-factured structures or equipment, or both, for pur-poses other than resale.

(9) “Department” means the Department of Con-sumer and Business Services.

(10) “Director” means the Director of the De-partment of Consumer and Business Services.

(11) “Distributor” means any person engaged inselling and distributing manufactured structures orequipment for resale.

(12) “Equipment” means materials, appliances,subassembly, devices, fixtures, fittings and appa-ratuses used in the construction, plumbing, mechan-ical and electrical systems of a manufacturedstructure.

(13) “Federal manufactured housing constructionand safety standard” means a standard for construc-tion, design and performance of a manufactureddwelling promulgated by the Secretary of Housingand Urban Development pursuant to the federal Na-tional Manufactured Housing Construction andSafety Standards Act of 1974 (Public Law 93-383).

(14) “Fire Marshal” means the State Fire Mar-shal.

(15) “Imminent safety hazard” means an immi-nent and unreasonable risk of death or severe per-sonal injury.

(16) “Insignia of compliance” means:(a) For a manufactured dwelling built to HUD

standards for such dwellings, the HUD label; or(b) For all other manufactured structures, the

insignia issued by this state indicating compliancewith state law.

(17) “Inspecting authority” or “inspector” meansthe Director of the Department of Consumer andBusiness Services or representatives as appointed orauthorized to administer and enforce provisions ofORS 446.111, 446.160, 446.176, 446.225 to 446.285,446.310 to 446.350, 446.990 and this section.

(18) “Installation” in relation to:(a) Construction means the arrangements and

methods of construction, fire and life safety, elec-trical, plumbing and mechanical equipment and sys-tems within a manufactured structure.

(b) Siting means the manufactured structure andcabana foundation support and tiedown, the struc-tural, fire and life safety, electrical, plumbing andmechanical equipment and material connections andthe installation of skirting and temporary steps.

(19) “Installer” means any individual licensed bythe director to install, set up, connect, hook up,block, tie down, secure, support, install temporarysteps for, install skirting for or make electrical,plumbing or mechanical connections to manufac-tured dwellings or cabanas or who provides consul-tation or supervision for any of these activities,

except architects registered under ORS 671.010 to671.220 or engineers registered under ORS 672.002to 672.325.

(20) “Listed” means equipment or materials in-cluded in a list, published by an organization con-cerned with product evaluation acceptable to thedepartment that maintains periodic inspection ofproduction of listed equipment or materials, andwhose listing states either that the equipment ormaterials meets appropriate standards or has beentested and found suitable in a specified manner.

(21) “Lot” means any space, area or tract ofland, or portion of a manufactured dwelling park,mobile home park or recreation park that is desig-nated or used for occupancy by one manufacturedstructure.

(22)(a) “Manufactured dwelling” means a resi-dential trailer, mobile home or manufactured home.

(b) “Manufactured dwelling” does not includeany building or structure constructed to conform tothe State of Oregon Structural Specialty Code or theLow-Rise Residential Dwelling Code adopted pursu-ant to ORS 455.100 to 455.450 and 455.610 to 455.630[or any unit identified as a recreational vehicle by themanufacturer].

(23) “Manufactured dwelling park” means anyplace where four or more manufactured dwellingsare located within 500 feet of one another on a lot,tract or parcel of land under the same ownership,the primary purpose of which is to rent or leasespace or keep space for rent or lease to any personfor a charge or fee paid or to be paid for the rentalor lease or use of facilities or to offer space free inconnection with securing the trade or patronage ofsuch person. “Manufactured dwelling park” does notinclude a lot or lots located within a subdivision be-ing rented or leased for occupancy by no more thanone manufactured dwelling per lot if the subdivisionwas approved by the local government unit havingjurisdiction under an ordinance adopted pursuant toORS 92.010 to 92.192.

(24)(a) “Manufactured home,” except as providedin paragraph (b) of this subsection, means a struc-ture constructed for movement on the public high-ways that has sleeping, cooking and plumbingfacilities, that is intended for human occupancy, thatis being used for residential purposes and that wasconstructed in accordance with federal manufac-tured housing construction and safety standards andregulations in effect at the time of construction.

(b) For purposes of implementing any contractpertaining to manufactured homes between the de-partment and the federal government, “manufacturedhome” has the meaning given the term in the con-tract.

(25)(a) “Manufactured structure” means a [recre-ational vehicle,] manufactured dwelling or recre-ational structure.

(b) “Manufactured structure” does not includeany building or structure regulated under the Stateof Oregon Structural Specialty Code or the Low-RiseResidential Dwelling Code.

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(26) “Manufacturer” means any person engagedin manufacturing, building, rebuilding, altering, con-verting or assembling manufactured structures orequipment.

(27) “Manufacturing” means the building, rebuil-ding, altering or converting of manufactured struc-tures that bear or are required to bear an Oregoninsignia of compliance.

(28) “Minimum safety standards” means theplumbing, mechanical, electrical, thermal, fire andlife safety, structural and transportation standardsprescribed by rules adopted by the director.

(29) “Mobile home” means a structure con-structed for movement on the public highways thathas sleeping, cooking and plumbing facilities, that isintended for human occupancy, that is being used forresidential purposes and that was constructed be-tween January 1, 1962, and June 15, 1976, and metthe construction requirements of Oregon mobilehome law in effect at the time of construction.

(30) “Mobile home park” means any place wherefour or more manufactured structures, recreationalvehicles as defined in section 6 of this 2019 Act,or a combination thereof, are located within 500feet of one another on a lot, tract or parcel of landunder the same ownership, the primary purpose ofwhich is to rent space or keep space for rent to anyperson for a charge or fee paid or to be paid for therental or use of facilities or to offer space free inconnection with securing the trade or patronage ofsuch person. “Mobile home park” does not includea lot or lots located within a subdivision beingrented or leased for occupancy by no more than onemanufactured dwelling per lot if the subdivision wasapproved by the municipality unit having jurisdic-tion under an ordinance adopted pursuant to ORS92.010 to 92.192.

(31) “Municipality” means a city, county orother unit of local government otherwise authorizedby law to enact codes.

(32) “Recreational structure” means a camp-ground structure with or without plumbing, heatingor cooking facilities intended to be used by any par-ticular occupant on a limited-time basis for recre-ational, seasonal, emergency or transitional housingpurposes and may include yurts, cabins, fabricstructures or similar structures as further defined,by rule, by the director.

[(33) “Recreational vehicle” means a vehicle withor without motive power, that is designed for humanoccupancy and to be used temporarily for recreational,seasonal or emergency purposes and as further de-fined, by rule, by the director.]

[(34)] (33) “Residential trailer” means a structureconstructed for movement on the public highwaysthat has sleeping, cooking and plumbing facilities,that is intended for human occupancy, that is beingused for residential purposes and that was con-structed before January 1, 1962.

[(35)] (34) “Sale” means rent, lease, sale or ex-change.

[(36)] (35) “Skirting” means a weather resistantmaterial used to enclose the space below the manu-factured structure.

[(37)] (36) “Tiedown” means any device designedto anchor a manufactured structure securely to theground.

[(38)] (37) “Transitional housingaccommodations” means accommodations describedunder ORS 446.265.

[(39)] (38) “Utilities” means the water, sewer,gas or electric services provided on a lot for a man-ufactured structure.

SECTION 7a. If Senate Bill 410 becomes law,section 7 of this 2019 Act (amending ORS446.003) is repealed and ORS 446.003 is amendedto read:

446.003. As used in ORS 446.003 to 446.200 and446.225 to 446.285, and for the purposes of ORSchapters 195, 196, 197, 215 and 227, the followingdefinitions apply, unless the context requires other-wise, or unless administration and enforcement bythe State of Oregon under the existing or revisedNational Manufactured Housing Construction andSafety Standards Act would be adversely affected,and except as provided in ORS 446.265:

(1) “Accessory building or structure” means anyportable, demountable or permanent structure estab-lished for use of the occupant of the manufacturedstructure and as further defined by rule by the Di-rector of the Department of Consumer and BusinessServices.

(2)(a) “Alteration” means any change, addition,repair, conversion, replacement, modification or re-moval of any equipment or installation that may af-fect the operation, construction or occupancy of amanufactured structure.

(b) “Alteration” does not include:(A) Minor repairs with approved component

parts;(B) Conversion of listed fuel-burning appliances

in accordance with the terms of their listing;(C) Adjustment and maintenance of equipment;

or(D) Replacement of equipment or accessories in

kind.(3) “Approved” means approved, licensed or cer-

tified by the Department of Consumer and BusinessServices or its designee.

(4) “Board” means the Residential and Manufac-tured Structures Board.

(5) “Cabana” means a stationary, lightweightstructure that may be prefabricated, or demountable,with two or more walls, used adjacent to and inconjunction with a manufactured structure to pro-vide additional living space.

(6) “Certification” means an evaluation processby which the department verifies a manufacturer’sability to produce manufactured structures to thedepartment rules and to the department approvedquality control manual.

(7) “Conversion” or “to convert” means theprocess of changing a manufactured structure in

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whole or in part from one type of vehicle or struc-ture to another.

(8) “Dealer” means any person engaged in thebusiness of selling, leasing or distributing manufac-tured structures or equipment, or both, primarily topersons who in good faith purchase or lease manu-factured structures or equipment, or both, for pur-poses other than resale.


(10) “Director” means the Director of the De-partment of Consumer and Business Services.

(11) “Distributor” means any person engaged inselling and distributing manufactured structures orequipment for resale.

(12) “Equipment” means materials, appliances,subassembly, devices, fixtures, fittings and appa-ratuses used in the construction, plumbing, mechan-ical and electrical systems of a manufacturedstructure.

(13) “Federal manufactured housing constructionand safety standard” means a standard for construc-tion, design and performance of a manufactureddwelling promulgated by the Secretary of Housingand Urban Development pursuant to the federal Na-tional Manufactured Housing Construction andSafety Standards Act of 1974 (Public Law 93-383).

(14) “Fire Marshal” means the State Fire Mar-shal.

(15) “Imminent safety hazard” means an immi-nent and unreasonable risk of death or severe per-sonal injury.

(16) “Insignia of compliance” means:(a) For a manufactured dwelling built to HUD

standards for such dwellings, the HUD label; or(b) For all other manufactured structures, the

insignia issued by this state indicating compliancewith state law.

(17) “Inspecting authority” or “inspector” meansthe Director of the Department of Consumer andBusiness Services or representatives as appointed orauthorized to administer and enforce provisions ofORS 446.111, 446.160, 446.176, 446.225 to 446.285,446.310 to 446.350, 446.990 and this section.

(18) “Installation” in relation to:(a) Construction means the arrangements and

methods of construction, fire and life safety, elec-trical, plumbing and mechanical equipment and sys-tems within a manufactured structure.

(b) Siting means the manufactured structure andcabana foundation support and tiedown, the struc-tural, fire and life safety, electrical, plumbing andmechanical equipment and material connections andthe installation of skirting and temporary steps.

(19) “Installer” means any individual licensed bythe director to install, set up, connect, hook up,block, tie down, secure, support, install temporarysteps for, install skirting for or make electrical,plumbing or mechanical connections to manufac-tured dwellings or cabanas or who provides consul-tation or supervision for any of these activities,except architects registered under ORS 671.010 to

671.220 or engineers registered under ORS 672.002to 672.325.

(20) “Listed” means equipment or materials in-cluded in a list, published by an organization con-cerned with product evaluation acceptable to thedepartment that maintains periodic inspection ofproduction of listed equipment or materials, andwhose listing states either that the equipment ormaterials meets appropriate standards or has beentested and found suitable in a specified manner.

(21) “Lot” means any space, area or tract ofland, or portion of a manufactured dwelling park,mobile home park or recreation park that is desig-nated or used for occupancy by one manufacturedstructure.

(22)(a) “Manufactured dwelling” means a resi-dential trailer, mobile home or manufactured home.

(b) “Manufactured dwelling” does not includeany building or structure constructed to conform tothe State of Oregon Structural Specialty Code or theLow-Rise Residential Dwelling Code adopted pursu-ant to ORS 455.100 to 455.450 and 455.610 to 455.630[or any unit identified as a recreational vehicle by themanufacturer].

(23) “Manufactured dwelling park” means anyplace where four or more manufactured dwellingsare located within 500 feet of one another on a lot,tract or parcel of land under the same ownership,the primary purpose of which is to rent or leasespace or keep space for rent or lease to any personfor a charge or fee paid or to be paid for the rentalor lease or use of facilities or to offer space free inconnection with securing the trade or patronage ofsuch person. “Manufactured dwelling park” does notinclude a lot or lots located within a subdivision be-ing rented or leased for occupancy by no more thanone manufactured dwelling per lot if the subdivisionwas approved by the local government unit havingjurisdiction under an ordinance adopted pursuant toORS 92.010 to 92.192.

(24)(a) “Manufactured home,” except as providedin paragraph (b) of this subsection, means a struc-ture constructed for movement on the public high-ways that has sleeping, cooking and plumbingfacilities, that is intended for human occupancy, thatis being used for residential purposes and that wasconstructed in accordance with federal manufac-tured housing construction and safety standards andregulations in effect at the time of construction.

(b) For purposes of implementing any contractpertaining to manufactured homes between the de-partment and the federal government, “manufacturedhome” has the meaning given the term in the con-tract.

(25)(a) “Manufactured structure” means a [recre-ational vehicle,] manufactured dwelling or recre-ational structure.

(b) “Manufactured structure” does not includeany building or structure regulated under the Stateof Oregon Structural Specialty Code or the Low-RiseResidential Dwelling Code.

(26) “Manufacturer” means any person engagedin manufacturing, building, rebuilding, altering, con-

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verting or assembling manufactured structures orequipment.

(27) “Manufacturing” means the building, rebuil-ding, altering or converting of manufactured struc-tures that bear or are required to bear an Oregoninsignia of compliance.

(28) “Minimum safety standards” means theplumbing, mechanical, electrical, thermal, fire andlife safety, structural and transportation standardsprescribed by rules adopted by the director.

(29) “Mobile home” means a structure con-structed for movement on the public highways thathas sleeping, cooking and plumbing facilities, that isintended for human occupancy, that is being used forresidential purposes and that was constructed be-tween January 1, 1962, and June 15, 1976, and metthe construction requirements of Oregon mobilehome law in effect at the time of construction.

(30) “Mobile home park” means any place wherefour or more manufactured structures, recreationalvehicles as defined in section 25, chapter 422,Oregon Laws 2019 (Enrolled Senate Bill 410), ora combination thereof, are located within 500 feetof one another on a lot, tract or parcel of land underthe same ownership, the primary purpose of whichis to rent space or keep space for rent to any personfor a charge or fee paid or to be paid for the rentalor use of facilities or to offer space free in con-nection with securing the trade or patronage of suchperson. “Mobile home park” does not include a lotor lots located within a subdivision being rented orleased for occupancy by no more than one manufac-tured dwelling per lot if the subdivision was ap-proved by the municipality unit having jurisdictionunder an ordinance adopted pursuant to ORS 92.010to 92.192.

(31) “Municipality” means a city, county orother unit of local government otherwise authorizedby law to enact codes.

(32) “Recreational structure” means a camp-ground structure with or without plumbing, heatingor cooking facilities intended to be used by any par-ticular occupant on a limited-time basis for recre-ational, seasonal, emergency or transitional housingpurposes and may include yurts, cabins, fabricstructures or similar structures as further defined,by rule, by the director.

[(33) “Recreational vehicle” means a vehicle withor without motive power, that is designed for humanoccupancy and to be used temporarily for recreational,seasonal or emergency purposes and as further de-fined, by rule, by the director.]

[(34)] (33) “Residential trailer” means a structureconstructed for movement on the public highwaysthat has sleeping, cooking and plumbing facilities,that is intended for human occupancy, that is beingused for residential purposes and that was con-structed before January 1, 1962.

[(35)] (34) “Sale” means rent, lease, sale or ex-change.

[(36)] (35) “Skirting” means a weather resistantmaterial used to enclose the space below the manu-factured structure.

[(37)] (36) “Tiedown” means any device designedto anchor a manufactured structure securely to theground.

[(38)] (37) “Transitional housingaccommodations” means accommodations describedunder ORS 446.265.

[(39)] (38) “Utilities” means the water, sewer,gas or electric services provided on a lot for a man-ufactured structure.

SECTION 8. ORS 446.155 is amended to read:446.155. (1) A person may not sell or offer for

sale within this state a manufactured dwelling man-ufactured after January 1, 1962, that contains:

(a) Plumbing equipment, unless such equipmentmeets the requirements of the Department of Con-sumer and Business Services;

(b) Heating equipment, unless such equipmentmeets the requirements of the State Fire Marshal;or

(c) Electrical equipment, unless such equipmentmeets the requirements of the department.

(2) A person may not rent, lease, sell or offer forrent, lease or sale within this state a manufacturedstructure manufactured after September 1, 1969, un-less the manufactured structure bears an insignia ofcompliance and contains:

(a) Plumbing, mechanical and electrical equip-ment or installations that meet the minimum safetystandards of the department;

(b) Thermal, fire and life safety equipment, ma-terial and installations that meet the minimumsafety standards of the department; or

(c) Structural and transportation equipment, ma-terials, installations and construction that meet theminimum safety standards of the department.

[(3) A person may not rent, lease, sell or offer forrent, lease or sale within this state a recreational ve-hicle unless the recreational vehicle:]

[(a) Bears an insignia of compliance;][(b) Has previously been lawfully registered and

titled within the United States;][(c) Has previously been issued an ownership

document under ORS 446.571 or recorded under ORS446.626; or]

[(d) Is exempt from registration, title or ownershipdocument requirements because of United States gov-ernment ownership.]

[(4)] (3) Persons manufacturing, remanufactur-ing, converting, altering or repairing manufacturedstructures or equipment within the state or for usewithin the state shall comply with all applicableconstruction and safety rules of the department andthe following:

(a) Alterations performed on a manufactureddwelling by the manufacturer or dealer before or atthe time of sale to the first consumer shall be per-formed in conformance with the National Manufac-tured Housing Construction and Safety StandardsAct.

(b) After the initial sale to a consumer by amanufacturer or dealer, all alterations to a manu-factured dwelling, except as identified by the Direc-

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tor of the Department of Consumer and BusinessServices by rule, shall be in conformance with thespecialty codes as described in ORS 455.010 to455.740 and 479.855.

(c) Solid fuel burning appliances shall be in con-formance with the National Manufactured HousingConstruction and Safety Standards Act and stand-ards adopted by the department.

(d) Notwithstanding subsections (1) and (2) ofthis section, a previously owned manufactureddwelling may be sold “as is” provided that the sellerdiscloses in the bill of sale that the manufactureddwelling is being sold on an “as is” or “with allfaults” basis, and that the entire risk as to thequality and performance of the manufactured dwell-ing is with the buyer. If the manufactured dwellingis found to be defective after purchase, the buyershall assume the entire cost of all servicing and re-pair. The seller, manufacturer, distributor orretailer is not responsible for any cost for servicingand repair.

[(5)] (4) Installations of manufactured structuresshall be in conformance with the standards adoptedby the department for site preparation, foundationsupport, anchoring, structural and utility con-nections, electrical and plumbing tests, underfloorenclosures, ventilation, vapor barriers and steps usedfor access and egress.

SECTION 9. ORS 446.170 is amended to read:446.170. (1) Manufactured structures subject to

the provisions of ORS 446.155 to 446.200, and manu-factured structures upon which additions, conver-sions or alterations of installations of equipment ormaterial are made shall have affixed to the manu-factured structures insignia of compliance.

(2) A person may not place an insignia of com-pliance on a manufactured structure except as pro-vided by ORS 446.155 to 446.200 and the rulesadopted under ORS 446.155 to 446.200.

(3) Insignia of compliance may be issued in bulkonly to manufacturers, remanufacturers or convert-ers certified and registered with the Department ofConsumer and Business Services.

(4) Insignia of compliance are not transferable,and the department may not make a refund repres-enting any unused insignia.

[(5) Subsection (1) of this section does not applyto a recreational vehicle described in ORS 446.155(3)(b) to (d).]

SECTION 10. ORS 446.561 is amended to read:446.561. 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 mean-ing given that term in ORS 446.003 and also includesa structure that would meet the definition in ORS446.003 except that the structure is being used forother than residential purposes.

(b) A prefabricated structure, as defined in ORS455.010, that is relocatable and more than eight andone-half feet wide.

[(c) A recreational vehicle, as defined in ORS446.003, that is more than eight and one-half feetwide.]

(2) “Manufactured structure” does not include amobile modular unit as defined in ORS 308.866 or animplement of husbandry as defined in ORS 801.310.

SECTION 10a. If Senate Bill 410 becomeslaw, section 10 of this 2019 Act (amending ORS446.561) is repealed and ORS 446.561, as amendedby section 15, chapter 422, Oregon Laws 2019(Enrolled Senate Bill 410), is amended to read:

446.561. 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 mean-ing given that term in ORS 446.003 and also includesa structure that would meet the definition in ORS446.003 except that the structure is being used forother than residential purposes.

(b) A prefabricated structure, as defined in ORS455.010, that is relocatable and more than eight andone-half feet wide.

[(c) A recreational vehicle, as defined in section25 of this 2019 Act, that is more than eight and one-half feet wide.]

(2) “Manufactured structure” does not include amobile modular unit as defined in ORS 308.866 or animplement of husbandry as defined in ORS 801.310.

SECTION 11. ORS 446.661 is amended to read:446.661. As used in ORS 446.661 to 446.756:(1) “Dealer” has the meaning given that term in

ORS 446.003.(2) “Insured institution” has the meaning given

that term in ORS 706.008.(3) “Manufactured dwelling” has the meaning

given that term in ORS 446.003.(4) “Manufactured structure” [has the meaning

given that term in ORS 446.561.] means:(a) A manufactured structure, as defined in

ORS 446.561; or(b) A recreational vehicle, as defined in sec-

tion 6 of this 2019 Act, that is more than eightand one-half feet wide.

SECTION 11a. If Senate Bill 410 becomeslaw, section 11 of this 2019 Act (amending ORS446.661) is repealed and ORS 446.661 is amendedto read:

446.661. As used in ORS 446.661 to 446.756:(1) “Dealer” has the meaning given that term in

ORS 446.003.(2) “Insured institution” has the meaning given

that term in ORS 706.008.(3) “Manufactured dwelling” has the meaning

given that term in ORS 446.003.(4) “Manufactured structure” [has the meaning

given that term in ORS 446.561.] means:

7


(a) A manufactured structure, as defined inORS 446.561; or

(b) A recreational vehicle, as defined in sec-tion 25, chapter 422, Oregon Laws 2019 (EnrolledSenate Bill 410), that is more than eight andone-half feet wide.

SECTION 12. ORS 455.010 is amended to read:455.010. As used in this chapter, unless the con-

text requires otherwise:(1)(a) “Advisory board” means the board with

responsibility for assisting in the adoption, amend-ment or administration of a specialty code, specif-ically:

(A) The Building Codes Structures Board estab-lished under ORS 455.132;

(B) The Electrical and Elevator Board estab-lished under ORS 455.138;

(C) The State Plumbing Board established underORS 693.115;

(D) The Board of Boiler Rules established underORS 480.535;

(E) The Residential and Manufactured Struc-tures Board established under ORS 455.135;

(F) The Mechanical Board established underORS 455.140; or

(G) The Construction Industry Energy Board es-tablished under ORS 455.492.

(b) “Appropriate advisory board” means the ad-visory board that has jurisdiction over a particularcode, standard, license, certification or matter.


(3) “Director” means the Director of the Depart-ment of Consumer and Business Services.

(4) “Low-Rise Residential Dwelling Code” meansthe adopted specialty code prescribing standards forthe construction of residential dwellings that arethree stories or less above grade and have an exte-rior door for each dwelling unit, but are not facili-ties or homes described in ORS 443.400 or transientlodging.

(5) “Municipality” means a city, county or otherunit of local government otherwise authorized bylaw to administer a building code.

(6) “Prefabricated structure” means a buildingor subassembly that has been in whole or substantialpart manufactured or assembled using closed con-struction at an off-site location to be wholly or par-tially assembled on-site. “Prefabricated structure”does not include a manufactured dwelling[,] or rec-reational structure [or recreational vehicle], as thoseterms are defined in ORS 446.003.

(7) “Specialty code” means a code of regulationsadopted under ORS 446.062, 446.185, 447.020 (2),455.020 (2), 455.496, 455.610, 455.680, 460.085, 460.360,479.730 (1) or 480.545, but does not include regu-lations adopted by the State Fire Marshal pursuantto ORS chapter 476 or ORS 479.015 to 479.200 and479.210 to 479.220.

(8) “State building code” means the combinedspecialty codes.

(9) “Structural code” means the specialty codeprescribing structural standards for building con-struction.

(10) “Unsafe condition” means a conditioncaused by earthquake which is determined by thedepartment or any representative of the departmentto be dangerous to life and property. “Unsafe condi-tion” includes but is not limited to:

(a) Any portion, member or appurtenance of abuilding that has become detached or dislodged orappears likely to fail or collapse and thereby injurepersons or damage property; or

(b) Any portion, of a building or structure thathas been damaged by earthquake, or by fire or ex-plosion resulting from an earthquake, to the extentthat the structural strength or stability of the buil-ding is substantially less than it was prior to theearthquake.

SECTION 13. ORS 455.117 is amended to read:455.117. (1) Except as provided in subsection (3)

of this section, a regulatory body listed in subsection(2) of this section may adopt rules to administer thelicensing, certification or registration of personsregulated by the body. The rules adopted under thissection may include, but need not be limited to:

(a) The form and content of an application forissuance or renewal of a license, certificate or reg-istration;

(b) Training and continuing education require-ments to maintain a license, certificate or registra-tion;

(c) The form and content of and the process forpreparing and administering examinations and ex-amination reviews;

(d) The term of a license, certificate or registra-tion; and

(e) The creation of a system for combining twoor more licenses, certificates or registrations issuedto an individual by an advisory board or the De-partment of Consumer and Business Services into asingle license, certificate, registration or other au-thorization.

(2) Subsection (1) of this section applies to thefollowing:

(a) Subject to ORS 446.003 to 446.200, 446.225 to446.285 and 446.395 to 446.420, with the approval ofthe Residential and Manufactured Structures Board,the Department of Consumer and Business Servicesfor purposes of licenses, certificates and registra-tions issued under ORS 446.003 to 446.200, 446.225 to446.285 and 446.395 to 446.420.

(b) Subject to ORS 447.010 to 447.156 and ORSchapter 693, the State Plumbing Board for purposesof licenses issued under ORS 447.010 to 447.156 andORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, after con-sultation with the Electrical and Elevator Board, thedepartment for purposes of licenses issued underORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, the Elec-trical and Elevator Board for purposes of licensesissued under ORS 479.510 to 479.945.

8


(e) Subject to ORS 480.510 to 480.670, the Boardof Boiler Rules for purposes of licenses issued underORS 480.510 to 480.670.

(3) This section does not authorize the adoptionof rules regulating:

(a) Building officials, inspectors, plan reviewersor municipalities;

(b) Persons engaged in the manufacture, conver-sion or repair of prefabricated structures[,] or pre-fabricated components [or recreational vehicles]; or

(c) Master builders certified under ORS 455.800to 455.820.

ASSESSMENT DEFINITION OF“MANUFACTURED STRUCTURE”


SECTION 15. As used in this chapter andORS chapters 305, 308, 310 and 311, “manufac-tured structure” means:

(1) A manufactured dwelling as defined inORS 446.003;

(2) A structure that would meet the defi-nition of “manufactured dwelling” in ORS446.003 except that the structure is being usedfor other than residential purposes;

(3) A prefabricated structure, as defined inORS 455.010, that is relocatable and more thaneight and one-half feet wide; and

(4) A recreational vehicle, as defined in sec-tion 6 of this 2019 Act, that is more than eightand one-half feet wide.


Sec. 15. As used in this chapter and ORS chap-ters 305, 308, 310 and 311, “manufactured structure”means:

(1) A manufactured dwelling as defined in ORS446.003;

(2) A structure that would meet the definitionof “manufactured dwelling” in ORS 446.003 exceptthat the structure is being used for other than resi-dential purposes;

(3) A prefabricated structure, as defined in ORS455.010, that is relocatable and more than eight andone-half feet wide; and

(4) A recreational vehicle, as defined in section[6 of this 2019 Act] 25, chapter 422, Oregon Laws2019 (Enrolled Senate Bill 410), that is more thaneight and one-half feet wide.

MISCELLANEOUS REFERENCE CHANGES IN OREGON REVISED STATUTES

SECTION 16. ORS 90.100 is amended to read:90.100. As used in this chapter, unless the con-

text otherwise requires:

(1) “Accessory building or structure” means anyportable, demountable or permanent structure, in-cluding but not limited to cabanas, ramadas, storagesheds, garages, awnings, carports, decks, steps,ramps, piers and pilings, that is:

(a) Owned and used solely by a tenant of a man-ufactured dwelling or floating home; or

(b) Provided pursuant to a written rental agree-ment for the sole use of and maintenance by a ten-ant of a manufactured dwelling or floating home.

(2) “Action” includes recoupment, counterclaim,setoff, suit in equity and any other proceeding inwhich rights are determined, including an action forpossession.

(3) “Applicant screening charge” means anypayment of money required by a landlord of an ap-plicant prior to entering into a rental agreementwith that applicant for a residential dwelling unit,the purpose of which is to pay the cost of processingan application for a rental agreement for a residen-tial dwelling unit.

(4) “Building and housing codes” includes anylaw, ordinance or governmental regulation concern-ing fitness for habitation, or the construction, main-tenance, operation, occupancy, use or appearance ofany premises or dwelling unit.

(5) “Carbon monoxide alarm” has the meaninggiven that term in ORS 105.836.

(6) “Carbon monoxide source” has the meaninggiven that term in ORS 105.836.

(7) “Conduct” means the commission of an actor the failure to act.

(8) “DBH” means the diameter at breast height,which is measured as the width of a standing treeat four and one-half feet above the ground on theuphill side.

(9) “Dealer” means any person in the businessof selling, leasing or distributing new or used manu-factured dwellings or floating homes to persons whopurchase or lease a manufactured dwelling or float-ing home for use as a residence.

(10) “Domestic violence” means:(a) Abuse between family or household members,

as those terms are defined in ORS 107.705; or(b) Abuse, as defined in ORS 107.705, between

partners in a dating relationship.(11) “Drug and alcohol free housing” means a

dwelling unit described in ORS 90.243.(12) “Dwelling unit” means a structure or the

part of a structure that is used as a home, residenceor sleeping place by one person who maintains ahousehold or by two or more persons who maintaina common household. “Dwelling unit” regarding aperson who rents a space for a manufactured dwell-ing or recreational vehicle or regarding a personwho rents moorage space for a floating home as de-fined in ORS 830.700, but does not rent the home,means the space rented and not the manufactureddwelling, recreational vehicle or floating home itself.

(13) “Essential service” means:(a) For a tenancy not consisting of rental space

for a manufactured dwelling, floating home or rec-

9


reational vehicle owned by the tenant and not oth-erwise subject to ORS 90.505 to 90.850:

(A) Heat, plumbing, hot and cold running water,gas, electricity, light fixtures, locks for exteriordoors, latches for windows and any cooking appli-ance or refrigerator supplied or required to be sup-plied by the landlord; and

(B) Any other service or habitability obligationimposed by the rental agreement or ORS 90.320, thelack or violation of which creates a serious threatto the tenant’s health, safety or property or makesthe dwelling unit unfit for occupancy.

(b) For a tenancy consisting of rental space fora manufactured dwelling, floating home or recre-ational vehicle owned by the tenant or that is oth-erwise subject to ORS 90.505 to 90.850:

(A) Sewage disposal, water supply, electricalsupply and, if required by applicable law, any drain-age system; and

(B) Any other service or habitability obligationimposed by the rental agreement or ORS 90.730, thelack or violation of which creates a serious threatto the tenant’s health, safety or property or makesthe rented space unfit for occupancy.

(14) “Facility” means a manufactured dwellingpark or a marina.

(15) “Fee” means a nonrefundable payment ofmoney.

(16) “First class mail” does not include certifiedor registered mail, or any other form of mail thatmay delay or hinder actual delivery of mail to therecipient.

(17) “Fixed term tenancy” means a tenancy thathas a fixed term of existence, continuing to a spe-cific ending date and terminating on that date with-out requiring further notice to effect thetermination.

(18) “Floating home” has the meaning given thatterm in ORS 830.700. “Floating home” includes anaccessory building or structure.

(19) “Good faith” means honesty in fact in theconduct of the transaction concerned.

(20) “Hazard tree” means a tree that:(a) Is located on a rented space in a manufac-

tured dwelling park;(b) Measures at least eight inches DBH; and(c) Is considered, by an arborist licensed as a

landscape construction professional pursuant to ORS671.560 and certified by the International Society ofArboriculture, to pose an unreasonable risk of caus-ing serious physical harm or damage to individualsor property in the near future.

(21) “Hotel or motel” means “hotel” as that termis defined in ORS 699.005.

(22) “Informal dispute resolution” means, but isnot limited to, consultation between the landlord orlandlord’s agent and one or more tenants, or medi-ation utilizing the services of a third party.

(23) “Landlord” means the owner, lessor or sub-lessor of the dwelling unit or the building or prem-ises of which it is a part. “Landlord” includes aperson who is authorized by the owner, lessor or

sublessor to manage the premises or to enter into arental agreement.

(24) “Landlord’s agent” means a person who hasoral or written authority, either express or implied,to act for or on behalf of a landlord.

(25) “Last month’s rent deposit” means a type ofsecurity deposit, however designated, the primaryfunction of which is to secure the payment of rentfor the last month of the tenancy.

(26) “Manufactured dwelling” means a residen-tial trailer, a mobile home or a manufactured homeas those terms are defined in ORS 446.003. “Manu-factured dwelling” includes an accessory building orstructure. [“Manufactured dwelling” does not includea recreational vehicle.]

(27) “Manufactured dwelling park” means aplace where four or more manufactured dwellingsare located, the primary purpose of which is to rentspace or keep space for rent to any person for acharge or fee.

(28) “Marina” means a moorage of contiguousdwelling units that may be legally transferred as asingle unit and are owned by one person where fouror more floating homes are secured, the primarypurpose of which is to rent space or keep space forrent to any person for a charge or fee.

(29) “Marina purchase association” means agroup of three or more tenants who reside in amarina and have organized for the purpose of even-tual purchase of the marina.

(30) “Month-to-month tenancy” means a tenancythat automatically renews and continues for succes-sive monthly periods on the same terms and condi-tions originally agreed to, or as revised by theparties, until terminated by one or both of the par-ties.

(31) “Organization” includes a corporation, gov-ernment, governmental subdivision or agency, busi-ness trust, estate, trust, partnership or association,two or more persons having a joint or common in-terest, and any other legal or commercial entity.

(32) “Owner” includes a mortgagee in possessionand means one or more persons, jointly or severally,in whom is vested:

(a) All or part of the legal title to property; or(b) All or part of the beneficial ownership and a

right to present use and enjoyment of the premises.(33) “Person” includes an individual or organiza-

tion.(34) “Premises” means:(a) A dwelling unit and the structure of which

it is a part and facilities and appurtenances therein;(b) Grounds, areas and facilities held out for the

use of tenants generally or the use of which ispromised to the tenant; and

(c) A facility for manufactured dwellings orfloating homes.

(35) “Prepaid rent” means any payment of moneyto the landlord for a rent obligation not yet due. Inaddition, “prepaid rent” means rent paid for a periodextending beyond a termination date.

10


(36) “Recreational vehicle” has the meaninggiven that term in [ORS 446.003] section 6 of this2019 Act.

(37) “Rent” means any payment to be made tothe landlord under the rental agreement, periodic orotherwise, in exchange for the right of a tenant andany permitted pet to occupy a dwelling unit to theexclusion of others and to use the premises. “Rent”does not include security deposits, fees or utility orservice charges as described in ORS 90.315 (4) and90.532.

(38) “Rental agreement” means all agreements,written or oral, and valid rules and regulationsadopted under ORS 90.262 or 90.510 (6) embodyingthe terms and conditions concerning the use andoccupancy of a dwelling unit and premises. “Rentalagreement” includes a lease. A rental agreementshall be either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.

(39) “Roomer” means a person occupying adwelling unit that does not include a toilet and ei-ther a bathtub or a shower and a refrigerator, stoveand kitchen, all provided by the landlord, and whereone or more of these facilities are used in commonby occupants in the structure.

(40) “Screening or admission criteria” means awritten statement of any factors a landlord considersin deciding whether to accept or reject an applicantand any qualifications required for acceptance.“Screening or admission criteria” includes, but isnot limited to, the rental history, character refer-ences, public records, criminal records, credit re-ports, credit references and incomes or resources ofthe applicant.

(41) “Security deposit” means a refundable pay-ment or deposit of money, however designated, theprimary function of which is to secure the perform-ance of a rental agreement or any part of a rentalagreement. “Security deposit” does not include a fee.

(42) “Sexual assault” has the meaning given thatterm in ORS 147.450.

(43) “Squatter” means a person occupying adwelling unit who is not so entitled under a rentalagreement or who is not authorized by the tenant tooccupy that dwelling unit. “Squatter” does not in-clude a tenant who holds over as described in ORS90.427 (7).

(44) “Stalking” means the behavior described inORS 163.732.

(45) “Statement of policy” means the summaryexplanation of information and facility policies to beprovided to prospective and existing tenants underORS 90.510.

(46) “Surrender” means an agreement, expressor implied, as described in ORS 90.148 between alandlord and tenant to terminate a rental agreementthat gave the tenant the right to occupy a dwellingunit.

(47) “Tenant”:(a) Except as provided in paragraph (b) of this

subsection:(A) Means a person, including a roomer, entitled

under a rental agreement to occupy a dwelling unit

to the exclusion of others, including a dwelling unitowned, operated or controlled by a public housingauthority.

(B) Means a minor, as defined and provided forin ORS 109.697.

(b) For purposes of ORS 90.505 to 90.850, meansonly a person who owns and occupies as a residencea manufactured dwelling or a floating home in a fa-cility and persons residing with that tenant underthe terms of the rental agreement.

(c) Does not mean a guest or temporary occu-pant.

(48) “Transient lodging” means a room or a suiteof rooms.

(49) “Transient occupancy” means occupancy intransient lodging that has all of the following char-acteristics:

(a) Occupancy is charged on a daily basis and isnot collected more than six days in advance;

(b) The lodging operator provides maid and linenservice daily or every two days as part of the regu-larly charged cost of occupancy; and

(c) The period of occupancy does not exceed 30days.

(50) “Vacation occupancy” means occupancy ina dwelling unit, not including transient occupancyin a hotel or motel, that has all of the followingcharacteristics:

(a) The occupant rents the unit for vacationpurposes only, not as a principal residence;

(b) The occupant has a principal residence otherthan at the unit; and

(c) The period of authorized occupancy does notexceed 45 days.

(51) “Victim” means:(a) The person against whom an incident related

to domestic violence, sexual assault or stalking isperpetrated; or

(b) The parent or guardian of a minor householdmember against whom an incident related to domes-tic violence, sexual assault or stalking is perpe-trated, unless the parent or guardian is theperpetrator.

(52) “Week-to-week tenancy” means a tenancythat has all of the following characteristics:

(a) Occupancy is charged on a weekly basis andis payable no less frequently than every seven days;

(b) There is a written rental agreement that de-fines the landlord’s and the tenant’s rights and re-sponsibilities under this chapter; and

(c) There are no fees or security deposits, al-though the landlord may require the payment of anapplicant screening charge, as provided in ORS90.295.

SECTION 17. ORS 90.425 is amended to read:90.425. (1) As used in this section:(a) “Current market value” means the amount in

cash, as determined by the county assessor, thatcould reasonably be expected to be paid for a manu-factured dwelling or floating home by an informedbuyer to an informed seller, each acting withoutcompulsion in an arm’s-length transaction occurring

11


on the assessment date for the tax year or on thedate of a subsequent reappraisal by the county as-sessor.

(b) “Dispose of the personal property” meansthat, if reasonably appropriate, the landlord maythrow away the property or may give it withoutconsideration to a nonprofit organization or to aperson unrelated to the landlord. The landlord maynot retain the property for personal use or benefit.

(c) “Goods” includes those goods left inside arecreational vehicle, manufactured dwelling or float-ing home or left upon the rental space outside arecreational vehicle, manufactured dwelling or float-ing home, whether the recreational vehicle, dwellingor home is located inside or outside of a facility.

(d) “Lienholder” means any lienholder of anabandoned recreational vehicle, manufactured dwell-ing or floating home, if the lien is of record or thelienholder is actually known to the landlord.

(e) “Of record” means:(A) For a recreational vehicle that is not [a

manufactured structure as defined in ORS 446.561]more than eight and one-half feet wide, that asecurity interest has been properly recorded withthe Department of Transportation pursuant to ORS802.200 (1)(a)(A) and 803.097.

(B) For a manufactured dwelling or recreationalvehicle that is [a manufactured structure as definedin ORS 446.561] more than eight and one-halffeet wide, that a security interest has been properlyrecorded for the manufactured dwelling or recre-ational vehicle in the records of the Department ofConsumer and Business Services pursuant to ORS446.611 or on a certificate of title issued by the De-partment of Transportation [prior to May 1, 2005].

(C) For a floating home, that a security interesthas been properly recorded with the State MarineBoard pursuant to ORS 830.740 to 830.755 for a homeregistered and titled with the board pursuant to ORS830.715.

(f) “Owner” means any owner of an abandonedrecreational vehicle, manufactured dwelling or float-ing home, if different from the tenant and either ofrecord or actually known to the landlord.

(g) “Personal property” means goods, vehiclesand recreational vehicles and includes manufactureddwellings and floating homes not located in a facil-ity. “Personal property” does not include manufac-tured dwellings and floating homes located in afacility and therefore subject to being stored, soldor disposed of as provided under ORS 90.675.

(2) A landlord is responsible for abandoned per-sonal property and shall store, sell or dispose ofabandoned personal property as provided by thissection. This section governs the rights and obli-gations of landlords, tenants and any lienholders orowners in any personal property abandoned or leftupon the premises by the tenant or any lienholderor owner in the following circumstances:

(a) The tenancy has ended by termination or ex-piration of a rental agreement or by relinquishmentor abandonment of the premises and the landlordreasonably believes under all the circumstances that

the tenant has left the personal property upon thepremises with no intention of asserting any furtherclaim to the premises or to the personal property;

(b) The tenant has been absent from the premisescontinuously for seven days after termination of atenancy by a court order that has not been executed;or

(c) The landlord receives possession of the prem-ises from the sheriff following restitution pursuantto ORS 105.161.

(3) Prior to storing, selling or disposing of thetenant’s personal property under this section, thelandlord must give a written notice to the tenantthat must be:

(a) Personally delivered to the tenant; or(b) Sent by first class mail addressed and mailed

to the tenant at:(A) The premises;(B) Any post-office box held by the tenant and

actually known to the landlord; and(C) The most recent forwarding address if pro-

vided by the tenant or actually known to the land-lord.

(4)(a) In addition to the notice required by sub-section (3) of this section, in the case of an aban-doned recreational vehicle, manufactured dwellingor floating home, a landlord shall also give a copyof the notice described in subsection (3) of this sec-tion to:

(A) Any lienholder of the recreational vehicle,manufactured dwelling or floating home;

(B) Any owner of the recreational vehicle, man-ufactured dwelling or floating home;

(C) The tax collector of the county where themanufactured dwelling or floating home is located;and

(D) The assessor of the county where the manu-factured dwelling or floating home is located.

(b) The landlord shall give the notice copy re-quired by this subsection by personal delivery orfirst class mail, except that for any lienholder, mailservice must be both by first class mail and by cer-tified mail with return receipt requested.

(c) A notice to lienholders under paragraph(a)(A) of this subsection must be sent to eachlienholder at each address:

(A) Actually known to the landlord;(B) Of record; and(C) Provided to the landlord by the lienholder in

a written notice that identifies the personal propertysubject to the lien and that was sent to the landlordby certified mail with return receipt requestedwithin the preceding five years. The notice mustidentify the personal property by describing thephysical address of the property.

(5) The notice required under subsection (3) ofthis section must state that:

(a) The personal property left upon the premisesis considered abandoned;

(b) The tenant or any lienholder or owner mustcontact the landlord by a specified date, as providedin subsection (6) of this section, to arrange for theremoval of the abandoned personal property;

12


(c) The personal property is stored at a place ofsafekeeping, except that if the property includes amanufactured dwelling or floating home, the dwell-ing or home must be stored on the rented space;

(d) The tenant or any lienholder or owner, ex-cept as provided by subsection (18) of this section,may arrange for removal of the personal property bycontacting the landlord at a described telephonenumber or address on or before the specified date;

(e) The landlord shall make the personal prop-erty available for removal by the tenant or anylienholder or owner, except as provided by subsec-tion (18) of this section, by appointment at reason-able times;

(f) If the personal property is considered to beabandoned pursuant to subsection (2)(a) or (b) of thissection, the landlord may require payment of re-moval and storage charges, as provided by subsec-tion (7)(d) of this section, prior to releasing thepersonal property to the tenant or any lienholder orowner;

(g) If the personal property is considered to beabandoned pursuant to subsection (2)(c) of this sec-tion, the landlord may not require payment of stor-age charges prior to releasing the personal property;

(h) If the tenant or any lienholder or owner failsto contact the landlord by the specified date, or afterthat contact, fails to remove the personal propertywithin 30 days for recreational vehicles, manufac-tured dwellings and floating homes or 15 days for allother personal property, the landlord may sell ordispose of the personal property. If the landlord rea-sonably believes that the personal property will beeligible for disposal pursuant to subsection (10)(b) ofthis section and the landlord intends to dispose ofthe property if the property is not claimed, the no-tice shall state that belief and intent; and

(i) If the personal property includes a recre-ational vehicle, manufactured dwelling or floatinghome and if applicable, there is a lienholder orowner that has a right to claim the recreational ve-hicle, dwelling or home, except as provided by sub-section (18) of this section.

(6) For purposes of subsection (5) of this section,the specified date by which a tenant, lienholder orowner must contact a landlord to arrange for thedisposition of abandoned personal property is:

(a) For abandoned recreational vehicles, manu-factured dwellings or floating homes, not less than45 days after personal delivery or mailing of the no-tice; or

(b) For all other abandoned personal property,not less than five days after personal delivery oreight days after mailing of the notice.

(7) After notifying the tenant as required bysubsection (3) of this section, the landlord:

(a) Shall store any abandoned manufactureddwelling or floating home on the rented space andshall exercise reasonable care for the dwelling orhome;

(b) Shall store all other abandoned personalproperty of the tenant, including goods left inside arecreational vehicle, manufactured dwelling or float-

ing home or left upon the rented space outside arecreational vehicle, dwelling or home, in a place ofsafekeeping and shall exercise reasonable care forthe personal property, except that the landlord may:

(A) Promptly dispose of rotting food; and(B) Allow an animal control agency to remove

any abandoned pets or livestock. If an animal con-trol agency will not remove the abandoned pets orlivestock, the landlord shall exercise reasonable carefor the animals given all the circumstances, includ-ing the type and condition of the animals, and maygive the animals to an agency that is willing andable to care for the animals, such as a humane so-ciety or similar organization;

(c) Except for manufactured dwellings and float-ing homes, may store the abandoned personal prop-erty at the dwelling unit, move and store itelsewhere on the premises or move and store it at acommercial storage company or other place of safe-keeping; and

(d) Is entitled to reasonable or actual storagecharges and costs incidental to storage or disposal,including any cost of removal to a place of storage.In the case of an abandoned manufactured dwellingor floating home, the storage charge may be nogreater than the monthly space rent last payable bythe tenant.

(8) If a tenant, lienholder or owner, upon the re-ceipt of the notice provided by subsection (3) or (4)of this section or otherwise, responds by actual no-tice to the landlord on or before the specified datein the landlord’s notice that the tenant, lienholderor owner intends to remove the personal propertyfrom the premises or from the place of safekeeping,the landlord must make that personal propertyavailable for removal by the tenant, lienholder orowner by appointment at reasonable times duringthe 15 days or, in the case of a recreational vehicle,manufactured dwelling or floating home, 30 daysfollowing the date of the response, subject to sub-section (18) of this section. If the personal propertyis considered to be abandoned pursuant to subsec-tion (2)(a) or (b) of this section, but not pursuant tosubsection (2)(c) of this section, the landlord mayrequire payment of removal and storage charges, asprovided in subsection (7)(d) of this section, prior toallowing the tenant, lienholder or owner to removethe personal property. Acceptance by a landlord ofsuch payment does not operate to create or reinstatea tenancy or create a waiver pursuant to ORS 90.412or 90.417.

(9) Except as provided in subsections (18) to (20)of this section, if the tenant, lienholder or owner ofa recreational vehicle, manufactured dwelling orfloating home does not respond within the time pro-vided by the landlord’s notice, or the tenant,lienholder or owner does not remove the personalproperty within the time required by subsection (8)of this section or by any date agreed to with thelandlord, whichever is later, the tenant’s,lienholder’s or owner’s personal property is conclu-sively presumed to be abandoned. The tenant andany lienholder or owner that have been given notice

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pursuant to subsection (3) or (4) of this section shall,except with regard to the distribution of sale pro-ceeds pursuant to subsection (13) of this section,have no further right, title or interest to the per-sonal property and may not claim or sell the prop-erty.

(10) If the personal property is presumed to beabandoned under subsection (9) of this section, thelandlord then may:

(a) Sell the personal property at a public or pri-vate sale, provided that prior to the sale of a recre-ational vehicle, manufactured dwelling or floatinghome:

(A) The landlord may seek to transfer ownershipof record of the personal property by complying withthe requirements of the appropriate state agency;and

(B) The landlord shall:(i) Place a notice in a newspaper of general cir-

culation in the county in which the recreational ve-hicle, manufactured dwelling or floating home islocated. The notice shall state:

(I) That the recreational vehicle, manufactureddwelling or floating home is abandoned;

(II) The tenant’s and owner’s name, if of recordor actually known to the landlord;

(III) The address and any space number wherethe recreational vehicle, manufactured dwelling orfloating home is located, and any plate, registrationor other identification number for a recreational ve-hicle or floating home noted on the certificate of ti-tle, if actually known to the landlord;

(IV) Whether the sale is by private bidding orpublic auction;

(V) Whether the landlord is accepting sealed bidsand, if so, the last date on which bids will be ac-cepted; and

(VI) The name and telephone number of the per-son to contact to inspect the recreational vehicle,manufactured dwelling or floating home;

(ii) At a reasonable time prior to the sale, givea copy of the notice required by sub-subparagraph (i)of this subparagraph to the tenant and to anylienholder and owner, by personal delivery or firstclass mail, except that for any lienholder, mail ser-vice must be by first class mail with certificate ofmailing;

(iii) Obtain an affidavit of publication from thenewspaper to show that the notice required undersub-subparagraph (i) of this subparagraph ran in thenewspaper at least one day in each of two consec-utive weeks prior to the date scheduled for the saleor the last date bids will be accepted; and

(iv) Obtain written proof from the county thatall property taxes and assessments on the manufac-tured dwelling or floating home have been paid or,if not paid, that the county has authorized the sale,with the sale proceeds to be distributed pursuant tosubsection (13) of this section;

(b) Destroy or otherwise dispose of the personalproperty if the landlord determines that:

(A) For a manufactured dwelling or floatinghome, the current market value of the property is

$8,000 or less as determined by the county assessor;or

(B) For all other personal property, the reason-able current fair market value is $1,000 or less or solow that the cost of storage and conducting a publicsale probably exceeds the amount that would be re-alized from the sale; or

(c) Consistent with paragraphs (a) and (b) of thissubsection, sell certain items and destroy or other-wise dispose of the remaining personal property.

(11)(a) A public or private sale authorized by thissection must:

(A) For a recreational vehicle, manufactureddwelling or floating home, be conducted consistentwith the terms listed in subsection (10)(a)(B)(i) ofthis section. Every aspect of the sale including themethod, manner, time, place and terms must becommercially reasonable; or

(B) For all other personal property, be conductedunder the provisions of ORS 79.0610.

(b) If there is no buyer at a sale of a manufac-tured dwelling or floating home, the personal prop-erty is considered to be worth $8,000 or less,regardless of current market value, and the landlordshall destroy or otherwise dispose of the personalproperty.

(12) Notwithstanding ORS 446.155 (1) and (2),unless a landlord intentionally misrepresents thecondition of a manufactured dwelling or floatinghome, the landlord is not liable for the condition ofthe dwelling or home to:

(a) A buyer of the dwelling or home at a salepursuant to subsection (10)(a) of this section, withor without consideration; or

(b) A person or nonprofit organization to whomthe landlord gives the dwelling or home pursuant tosubsection (1)(b), (10)(b) or (11)(b) of this section.

(13)(a) The landlord may deduct from the pro-ceeds of the sale:

(A) The reasonable or actual cost of notice,storage and sale; and

(B) Unpaid rent.(b) If the sale was of a manufactured dwelling

or floating home, after deducting the amounts listedin paragraph (a) of this subsection, the landlord shallremit the remaining proceeds, if any, to the countytax collector to the extent of any unpaid propertytaxes and assessments owed on the dwelling orhome.

(c) If the sale was of a recreational vehicle,manufactured dwelling or floating home, after de-ducting the amounts listed in paragraphs (a) and (b)of this subsection, if applicable, the landlord shallremit the remaining proceeds, if any, to anylienholder to the extent of any unpaid balance owedon the lien on the recreational vehicle, dwelling orhome.

(d) After deducting the amounts listed in para-graphs (a), (b) and (c) of this subsection, if applica-ble, the landlord shall remit to the tenant or ownerthe remaining proceeds, if any, together with anitemized accounting.

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(e) If the tenant or owner cannot after due dili-gence be found, the landlord shall deposit the re-maining proceeds with the county treasurer of thecounty in which the sale occurred. If not claimedwithin three years, the deposited proceeds revert tothe general fund of the county and are available forgeneral purposes.

(14) The county tax collector shall cancel allunpaid property taxes and assessments owed on amanufactured dwelling or floating home, as providedunder ORS 311.790, only under one of the followingcircumstances:

(a) The landlord disposes of the manufactureddwelling or floating home after a determination de-scribed in subsection (10)(b) of this section.

(b) There is no buyer of the manufactureddwelling or floating home at a sale described undersubsection (11) of this section.

(c)(A) There is a buyer of the manufactureddwelling or floating home at a sale described undersubsection (11) of this section;

(B) The current market value of the manufac-tured dwelling or floating home is $8,000 or less; and

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the dwelling or home after distribution ofthe proceeds pursuant to subsection (13) of this sec-tion.

(d)(A) The landlord buys the manufactureddwelling or floating home at a sale described undersubsection (11) of this section;

(B) The current market value of the manufac-tured dwelling or floating home is more than $8,000;

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the manufactured dwelling or floating homeafter distribution of the proceeds pursuant to sub-section (13) of this section; and

(D) The landlord disposes of the manufactureddwelling or floating home.

(15) The landlord is not responsible for any lossto the tenant, lienholder or owner resulting fromstorage of personal property in compliance with thissection unless the loss was caused by the landlord’sdeliberate or negligent act. In the event of a delib-erate and malicious violation, the landlord is liablefor twice the actual damages sustained by the ten-ant, lienholder or owner.

(16) Complete compliance in good faith with thissection shall constitute a complete defense in anyaction brought by a tenant, lienholder or owneragainst a landlord for loss or damage to such per-sonal property disposed of pursuant to this section.

(17) If a landlord does not comply with this sec-tion:

(a) The tenant is relieved of any liability fordamage to the premises caused by conduct that wasnot deliberate, intentional or grossly negligent andfor unpaid rent and may recover from the landlordup to twice the actual damages sustained by thetenant;

(b) A lienholder or owner aggrieved by the non-compliance may recover from the landlord the actual

damages sustained by the lienholder or owner. ORS90.255 does not authorize an award of attorney feesto the prevailing party in any action arising underthis paragraph; and

(c) A county tax collector aggrieved by the non-compliance may recover from the landlord the actualdamages sustained by the tax collector, if the non-compliance is part of an effort by the landlord todefraud the tax collector. ORS 90.255 does not au-thorize an award of attorney fees to the prevailingparty in any action arising under this paragraph.

(18) In the case of an abandoned recreationalvehicle, manufactured dwelling or floating home, theprovisions of this section regarding the rights andresponsibilities of a tenant to the abandoned vehicle,dwelling or home also apply to any lienholder exceptthat the lienholder may not sell or remove the vehi-cle, dwelling or home unless:

(a) The lienholder has foreclosed its lien on therecreational vehicle, manufactured dwelling or float-ing home;

(b) The tenant or a personal representative ordesignated person described in subsection (20) of thissection has waived all rights under this section pur-suant to subsection (26) of this section; or

(c) The notice and response periods provided bysubsections (6) and (8) of this section have expired.

(19)(a) In the case of an abandoned manufactureddwelling or floating home but not including a dwell-ing or home abandoned following a termination pur-suant to ORS 90.429 and except as provided bysubsection (20)(d) and (e) of this section, if alienholder makes a timely response to a notice ofabandoned personal property pursuant to subsections(6) and (8) of this section and so requests, a landlordshall enter into a written storage agreement withthe lienholder providing that the dwelling or homemay not be sold or disposed of by the landlord forup to 12 months. A storage agreement entitles thelienholder to store the personal property on the pre-viously rented space during the term of the agree-ment, but does not entitle anyone to occupy thepersonal property.

(b) The lienholder’s right to a storage agreementarises upon the failure of the tenant, owner or, inthe case of a deceased tenant, the personal repre-sentative, designated person, heir or devisee to re-move or sell the dwelling or home within theallotted time.

(c) To exercise the right to a storage agreementunder this subsection, in addition to contacting thelandlord with a timely response as described in par-agraph (a) of this subsection, the lienholder mustenter into the proposed storage agreement within 60days after the landlord gives a copy of the agreementto the lienholder. The landlord shall give a copy ofthe proposed storage agreement to the lienholder inthe same manner as provided by subsection (4)(b) ofthis section. The landlord may include a copy of theproposed storage agreement with the notice of aban-doned property required by subsection (4) of thissection. A lienholder enters into a storage agree-ment by signing a copy of the agreement provided

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by the landlord and personally delivering or mailingthe signed copy to the landlord within the 60-dayperiod.

(d) The storage agreement may require, in addi-tion to other provisions agreed to by the landlordand the lienholder, that:

(A) The lienholder make timely periodic paymentof all storage charges, as described in subsection(7)(d) of this section, accruing from the commence-ment of the 45-day period described in subsection (6)of this section. A storage charge may include a util-ity or service charge, as described in ORS 90.532, iflimited to charges for electricity, water, sewer ser-vice and natural gas and if incidental to the storageof personal property. A storage charge may not bedue more frequently than monthly;

(B) The lienholder pay a late charge or fee forfailure to pay a storage charge by the date requiredin the agreement, if the amount of the late chargeis no greater than for late charges described in therental agreement between the landlord and the ten-ant; and

(C) The lienholder maintain the personal prop-erty and the space on which the personal propertyis stored in a manner consistent with the rights andobligations described in the rental agreement be-tween the landlord and the tenant.

(e) During the term of an agreement describedunder this subsection, the lienholder has the rightto remove or sell the property, subject to the pro-visions of the lien. Selling the property includes asale to a purchaser who wishes to leave the dwellingor home on the rented space and become a tenant,subject to any conditions previously agreed to by thelandlord and tenant regarding the landlord’s ap-proval of a purchaser or, if there was no suchagreement, any reasonable conditions by the land-lord regarding approval of any purchaser who wishesto leave the dwelling or home on the rented spaceand become a tenant. The landlord also may condi-tion approval for occupancy of any purchaser of theproperty upon payment of all unpaid storage chargesand maintenance costs.

(f)(A) If the lienholder violates the storageagreement, the landlord may terminate the agree-ment by giving at least 90 days’ written notice to thelienholder stating facts sufficient to notify thelienholder of the reason for the termination. Unlessthe lienholder corrects the violation within the no-tice period, the agreement terminates as providedand the landlord may sell or dispose of the dwellingor home without further notice to the lienholder.

(B) After a landlord gives a termination noticepursuant to subparagraph (A) of this paragraph forfailure of the lienholder to pay a storage charge andthe lienholder corrects the violation, if thelienholder again violates the storage agreement byfailing to pay a subsequent storage charge, thelandlord may terminate the agreement by giving atleast 30 days’ written notice to the lienholder statingfacts sufficient to notify the lienholder of the reasonfor termination. Unless the lienholder corrects theviolation within the notice period, the agreement

terminates as provided and the landlord may sell ordispose of the property without further notice to thelienholder.

(C) A lienholder may terminate a storage agree-ment at any time upon at least 14 days’ written no-tice to the landlord and may remove the propertyfrom the rented space if the lienholder has paid allstorage charges and other charges as provided in theagreement.

(g) Upon the failure of a lienholder to enter intoa storage agreement as provided by this subsectionor upon termination of an agreement, unless theparties otherwise agree or the lienholder has sold orremoved the manufactured dwelling or floatinghome, the landlord may sell or dispose of the prop-erty pursuant to this section without further noticeto the lienholder.

(20) If the personal property is a manufactureddwelling or floating home and is considered aban-doned as a result of the death of a tenant who wasthe only tenant and who owned the dwelling orhome, this section applies, except as follows:

(a) The following persons have the same rightsand responsibilities regarding the abandoned dwell-ing or home as a tenant:

(A) Any personal representative named in a willor appointed by a court to act for the deceased ten-ant.

(B) Any person designated in writing by the ten-ant to be contacted by the landlord in the event ofthe tenant’s death.

(b) The notice required by subsection (3) of thissection must be:

(A) Sent by first class mail to the deceased ten-ant at the premises; and

(B) Personally delivered or sent by first classmail to any personal representative or designatedperson, if actually known to the landlord.

(c) The notice described in subsection (5) of thissection must refer to any personal representative ordesignated person, instead of the deceased tenant,and must incorporate the provisions of this subsec-tion.

(d) If a personal representative, designated per-son or other person entitled to possession of theproperty, such as an heir or devisee, responds byactual notice to a landlord within the 45-day periodprovided by subsection (6) of this section and so re-quests, the landlord shall enter into a written stor-age agreement with the representative or personproviding that the dwelling or home may not be soldor disposed of by the landlord for up to 90 days oruntil conclusion of any probate proceedings, which-ever is later. A storage agreement entitles the rep-resentative or person to store the personal propertyon the previously rented space during the term ofthe agreement, but does not entitle anyone to occupythe personal property. If such an agreement is en-tered, the landlord may not enter a similar agree-ment with a lienholder pursuant to subsection (19)of this section until the agreement with the personalrepresentative or designated person ends.

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(e) If a personal representative or other personrequests that a landlord enter into a storage agree-ment, subsection (19)(c), (d) and (f)(C) of this sectionapplies, with the representative or person having therights and responsibilities of a lienholder with re-gard to the storage agreement.

(f) During the term of an agreement describedunder paragraph (d) of this subsection, the represen-tative or person has the right to remove or sell thedwelling or home, including a sale to a purchaser ora transfer to an heir or devisee where the purchaser,heir or devisee wishes to leave the dwelling or homeon the rented space and become a tenant, subject toany conditions previously agreed to by the landlordand tenant regarding the landlord’s approval for oc-cupancy of a purchaser, heir or devisee or, if therewas no such agreement, any reasonable conditionsby the landlord regarding approval for occupancy ofany purchaser, heir or devisee who wishes to leavethe dwelling or home on the rented space and be-come a tenant. The landlord also may condition ap-proval for occupancy of any purchaser, heir ordevisee of the dwelling or home upon payment of allunpaid storage charges and maintenance costs.

(g) If the representative or person violates thestorage agreement, the landlord may terminate theagreement by giving at least 30 days’ written noticeto the representative or person stating facts suffi-cient to notify the representative or person of thereason for the termination. Unless the represen-tative or person corrects the violation within thenotice period, the agreement terminates as providedand the landlord may sell or dispose of the dwellingor home without further notice to the representativeor person.

(h) Upon the failure of a representative or per-son to enter into a storage agreement as providedby this subsection or upon termination of an agree-ment, unless the parties otherwise agree or the rep-resentative or person has sold or removed themanufactured dwelling or floating home, the land-lord may sell or dispose of the property pursuant tothis section without further notice to the represen-tative or person.

(21) If the personal property is other than amanufactured dwelling or floating home and is con-sidered abandoned as a result of the death of a ten-ant who was the only tenant and who owned thepersonal property, this section applies except as fol-lows:

(a) The following persons have the same rightsand responsibilities regarding the abandoned per-sonal property as a tenant:

(A) An heir or devisee.(B) Any personal representative named in a will

or appointed by a court to act for the deceased ten-ant.

(C) Any person designated in writing by the ten-ant to be contacted by the landlord in the event ofthe tenant’s death.

(b) The notice required by subsection (3) of thissection must be:

(A) Sent by first class mail to the deceased ten-ant at the premises;

(B) Personally delivered or sent by first classmail to any heir, devisee, personal representative ordesignated person, if actually known to the landlord;and

(C) Sent by first class mail to the attention ofan estate administrator of the Department of StateLands.

(c) The notice described in subsection (5) of thissection must refer to the heir, devisee, personal rep-resentative, designated person or estate administra-tor of the department, instead of the deceasedtenant, and must incorporate the provisions of thissubsection.

(d) The landlord shall allow a person that is anheir, devisee or personal representative of the ten-ant, or an estate administrator of the department, toremove the personal property if the person contactsthe landlord within the period provided by subsec-tion (6) of this section, complies with the require-ments of this section and provides the landlord withreasonable evidence that the person is an heir,devisee or personal representative, or an estate ad-ministrator of the department.

(e) If neither an heir, devisee nor personal rep-resentative of the tenant, nor an estate administra-tor of the department, contacts the landlord withinthe time period provided by subsection (6) of thissection, the landlord shall allow removal of the per-sonal property by the designated person of the ten-ant, if the designated person contacts the landlordwithin that period and complies with the require-ments of this section and provides the landlord withreasonable evidence that the person is the desig-nated person.

(f) A landlord who allows removal of personalproperty under this subsection is not liable to an-other person that has a claim or interest in the per-sonal property.

(22) If a governmental agency determines thatthe condition of a manufactured dwelling, floatinghome or recreational vehicle abandoned under thissection constitutes an extreme health or safety haz-ard under state or local law and the agency deter-mines that the hazard endangers others in theimmediate vicinity and requires quick removal of theproperty, the landlord may sell or dispose of theproperty pursuant to this subsection. The landlordshall comply with all provisions of this section, ex-cept as follows:

(a) The date provided in subsection (6) of thissection by which a tenant, lienholder, owner, per-sonal representative or designated person must con-tact a landlord to arrange for the disposition of theproperty must be not less than 15 days after personaldelivery or mailing of the notice required by subsec-tion (3) of this section.

(b) The date provided in subsections (8) and (9)of this section by which a tenant, lienholder, owner,personal representative or designated person mustremove the property must be not less than sevendays after the tenant, lienholder, owner, personal

17


representative or designated person contacts thelandlord.

(c) The notice required by subsection (3) of thissection must be as provided in subsection (5) of thissection, except that:

(A) The dates and deadlines in the notice forcontacting the landlord and removing the propertymust be consistent with this subsection;

(B) The notice must state that a governmentalagency has determined that the property constitutesan extreme health or safety hazard and must be re-moved quickly; and

(C) The landlord shall attach a copy of theagency’s determination to the notice.

(d) If the tenant, a lienholder, owner, personalrepresentative or designated person does not removethe property within the time allowed, the landlordor a buyer at a sale by the landlord under subsection(11) of this section shall promptly remove the prop-erty from the facility.

(e) A landlord is not required to enter into astorage agreement with a lienholder, owner, per-sonal representative or designated person pursuantto subsection (19) of this section.

(23)(a) If an official or agency referred to in ORS453.876 notifies the landlord that the official oragency has determined that all or part of the prem-ises is unfit for use as a result of the presence of anillegal drug manufacturing site involving metham-phetamine, and the landlord complies with this sub-section, the landlord is not required to comply withsubsections (1) to (22) and (24) to (27) of this sectionwith regard to personal property left on the portionof the premises that the official or agency has de-termined to be unfit for use.

(b) Upon receiving notice from an official oragency determining the premises to be unfit for use,the landlord shall promptly give written notice tothe tenant as provided in subsection (3) of this sec-tion. The landlord shall also attach a copy of thenotice in a secure manner to the main entrance ofthe dwelling unit. The notice to the tenant shall in-clude a copy of the official’s or agency’s notice andstate:

(A) That the premises, or a portion of the prem-ises, has been determined by an official or agency tobe unfit for use due to contamination from the man-ufacture of methamphetamine and that as a resultsubsections (1) to (22) and (24) to (27) of this sectiondo not apply to personal property left on any portionof the premises determined to be unfit for use;

(B) That the landlord has hired, or will hire, acontractor to assess the level of contamination ofthe site and to decontaminate the site;

(C) That upon hiring the contractor, the landlordwill provide to the tenant the name, address andtelephone number of the contractor; and

(D) That the tenant may contact the contractorto determine whether any of the tenant’s personalproperty may be removed from the premises or maybe decontaminated at the tenant’s expense and thenremoved.

(c) To the extent consistent with rules of theDepartment of Human Services, the contractor mayrelease personal property to the tenant.

(d) If the contractor and the department deter-mine that the premises or the tenant’s personalproperty is not unfit for use, upon notification by thedepartment of the determination, the landlord shallcomply with subsections (1) to (22) and (24) to (27)of this section for any personal property left on thepremises.

(e) Except as provided in paragraph (d) of thissubsection, the landlord is not responsible for stor-ing or returning any personal property left on theportion of the premises that is unfit for use.

(24) In the case of an abandoned recreationalvehicle, manufactured dwelling or floating home thatis owned by someone other than the tenant, theprovisions of this section regarding the rights andresponsibilities of a tenant to the abandoned vehicle,dwelling or home also apply to that owner, with re-gard only to the vehicle, dwelling or home, and notto any goods left inside or outside the vehicle,dwelling or home.

(25) In the case of an abandoned motor vehicle,the procedure authorized by ORS 98.830 for removalof abandoned motor vehicles from private propertymay be used by a landlord as an alternative to theprocedures required in this section.

(26)(a) A landlord may sell or dispose of atenant’s abandoned personal property without com-plying with subsections (1) to (25) and (27) of thissection if, after termination of the tenancy or nomore than seven days prior to the termination of thetenancy, the following parties so agree in a writingentered into in good faith:

(A) The landlord;(B) The tenant, or for an abandonment as the

result of the death of a tenant who was the onlytenant, the personal representative, designated per-son or other person entitled to possession of thepersonal property, such as an heir or devisee, as de-scribed in subsection (20) or (21) of this section; and

(C) In the case of a manufactured dwelling,floating home or recreational vehicle, any owner andany lienholder.

(b) A landlord may not, as part of a rentalagreement, require a tenant, a personal represen-tative, a designated person or any lienholder orowner to waive any right provided by this section.

(27) Until personal property is conclusively pre-sumed to be abandoned under subsection (9) of thissection, a landlord does not have a lien pursuant toORS 87.152 for storing the personal property.

SECTION 18. ORS 197.492 is amended to read:197.492. As used in this section and ORS 197.493:(1) “Manufactured dwelling park[,]” and “mobile

home park” [and “recreational vehicle”] have themeaning given those terms in ORS 446.003.

(2) “Recreational vehicle” has the meaninggiven that term in section 6 of this 2019 Act.

[(2)] (3) “Recreational vehicle park”:

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(a) Means a place where two or more recre-ational vehicles are located within 500 feet of oneanother on a lot, tract or parcel of land under com-mon ownership and having as its primary purpose:

(A) The renting of space and related facilities fora charge or fee; or

(B) The provision of space for free in connectionwith securing the patronage of a person.

(b) Does not mean:(A) An area designated only for picnicking or

overnight camping; or(B) A manufactured dwelling park or mobile

home park.

SECTION 19. ORS 215.010 is amended to read:215.010. As used in this chapter:(1) The terms defined in ORS 92.010 shall have

the meanings given therein, except that “parcel”:(a) Includes a unit of land created:(A) By partitioning land as defined in ORS

92.010;(B) In compliance with all applicable planning,

zoning and partitioning ordinances and regulations;or

(C) By deed or land sales contract, if there wereno applicable planning, zoning or partitioning ordi-nances or regulations.

(b) Does not include a unit of land created solelyto establish a separate tax account.

(2) “Tract” means one or more contiguous lotsor parcels under the same ownership.

(3) The terms defined in ORS chapter 197 shallhave the meanings given therein.

(4) “Farm use” has the meaning given that termin ORS 215.203.

(5) “Recreational vehicle” has the meaninggiven that term in section 6 of this 2019 Act.

[(5)] (6) “The Willamette Valley” is Clackamas,Linn, Marion, Multnomah, Polk, Washington andYamhill Counties and the portion of Benton andLane Counties lying east of the summit of the CoastRange.

SECTION 19a. If Senate Bill 410 becomeslaw, section 19 of this 2019 Act (amending ORS215.010) is repealed and ORS 215.010 is amendedto read:

215.010. As used in this chapter:(1) The terms defined in ORS 92.010 shall have

the meanings given therein, except that “parcel”:(a) Includes a unit of land created:(A) By partitioning land as defined in ORS

92.010;(B) In compliance with all applicable planning,

zoning and partitioning ordinances and regulations;or

(C) By deed or land sales contract, if there wereno applicable planning, zoning or partitioning ordi-nances or regulations.

(b) Does not include a unit of land created solelyto establish a separate tax account.

(2) “Tract” means one or more contiguous lotsor parcels under the same ownership.

(3) The terms defined in ORS chapter 197 shallhave the meanings given therein.

(4) “Farm use” has the meaning given that termin ORS 215.203.

(5) “Recreational vehicle” has the meaninggiven that term in section 25, chapter 422, Ore-gon Laws 2019 (Enrolled Senate Bill 410).

[(5)] (6) “The Willamette Valley” is Clackamas,Linn, Marion, Multnomah, Polk, Washington andYamhill Counties and the portion of Benton andLane Counties lying east of the summit of the CoastRange.

SECTION 20. ORS 305.288 is amended to read:305.288. (1) The tax court shall order a change

or correction applicable to a separate assessment ofproperty to the assessment and tax roll for the cur-rent tax year or for either of the two tax years im-mediately preceding the current tax year, or for anyor all of those tax years, if all of the following con-ditions exist:

(a) For the tax year to which the change or cor-rection is applicable, the property was or is usedprimarily as a dwelling (or is vacant) and was andis a single-family dwelling, a multifamily dwelling ofnot more than four units, a condominium unit, amanufactured structure or a floating home.

(b) The change or correction requested is achange in value for the property for the tax year andit is asserted in the request and determined by thetax court that the difference between the real mar-ket value of the property for the tax year and thereal market value on the assessment and tax roll forthe tax year is equal to or greater than 20 percent.

(2) If the tax court finds that the conditionsneeded to order a change or correction under sub-section (1) of this section exist, the court may ordera change or correction in the maximum assessedvalue of the property in addition to the change orcorrection in the real market value of the property.

(3) The tax court may order a change or correc-tion applicable to a separate assessment of propertyto the assessment or tax roll for the current tax yearand for either of the two tax years immediately pre-ceding the current tax year if, for the year to whichthe change or correction is applicable, the assessoror taxpayer has no statutory right of appeal remain-ing and the tax court determines that good and suf-ficient cause exists for the failure by the assessor ortaxpayer to pursue the statutory right of appeal.

(4) Before ordering a change or correction to theassessment or tax roll under subsection (3) of thissection, the tax court may determine whether anyof the conditions exist in a particular case. If the taxcourt determines that one of the conditions specifieddoes exist, the tax court shall hold a hearing to de-termine whether to order a change or correction tothe roll.

(5) For purposes of this section:(a) “Current tax year” has the meaning given the

term under ORS 306.115.(b) “Good and sufficient cause”:

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(A) Means an extraordinary circumstance that isbeyond the control of the taxpayer, or the taxpayer’sagent or representative, and that causes the tax-payer, agent or representative to fail to pursue thestatutory right of appeal; and

(B) Does not include inadvertence, oversight,lack of knowledge, hardship or reliance on mislead-ing information provided by any person except anauthorized tax official providing the relevant mis-leading information.

[(c) “Manufactured structure” has the meaninggiven that term in ORS 446.561.]

(6) The remedy provided under this section is inaddition to all other remedies provided by law.

SECTION 21. ORS 307.190 is amended to read:307.190. (1) All items of tangible personal prop-

erty held by the owner, or for delivery by a vendorto the owner, for personal use, benefit or enjoyment,are exempt from taxation.

(2) The exemption provided in subsection (1) ofthis section does not apply to:

(a) Any tangible personal property held by theowner, wholly or partially for use or sale in the or-dinary course of a trade or business, for the pro-duction of income, or solely for investment.

(b) Any tangible personal property required tobe licensed or registered under the laws of thisstate.

(c) Floating homes or boathouses, as defined inORS 830.700.

(d) Manufactured structures [as defined in ORS446.561].

SECTION 22. ORS 307.651 is amended to read:307.651. As used in ORS 307.651 to 307.687, un-

less the context requires otherwise:(1) “Governing body” means the city legislative

body having jurisdiction over the property for whichan exemption may be applied for under ORS 307.651to 307.687.

(2) “Qualified dwelling unit” means a dwellingunit that, at the time an application is filed pursuantto ORS 307.667, has a market value for the land andimprovements of no more than 120 percent, or alesser percentage as adopted by the governing bodyby resolution, of the median sales price of dwellingunits located within the city.

(3) “Single-unit housing” means a structure hav-ing one or more dwelling units that:

(a) Is, or will be, upon purchase, rehabilitationor completion of construction, in conformance withall local plans and planning regulations, includingspecial or district-wide plans developed and adoptedpursuant to ORS chapters 195, 196, 197 and 227.

(b) If newly constructed, is completed within twoyears after application for exemption is approvedunder ORS 307.674 or before January 1, 2025,whichever is earlier.

(c) Is designed for each dwelling unit within thestructure to be purchased by and lived in by oneperson or one family.

(d) Has one or more qualified dwelling unitswithin the single-unit housing.

(e) Is not a floating home, as defined in ORS830.700, or a manufactured structure[, as defined inORS 446.561], other than a manufactured home de-scribed in ORS 197.307 (8)(a) to (f).

(4) “Structure” does not include the land or anysite development made to the land, as those termsare defined in ORS 307.010.

SECTION 23. ORS 319.550 is amended to read:319.550. (1) Except as provided in this section, a

person may not use fuel in a motor vehicle in thisstate unless the person holds a valid user’s license.

(2) A nonresident may use fuel in a motor vehi-cle not registered in Oregon for a period not ex-ceeding 30 days without obtaining a user’s licenseor the emblem issued under ORS 319.600, if, for allfuel used in a motor vehicle in this state, the non-resident pays to a seller, at the time of the sale, thetax provided in ORS 319.530.

(3) A user’s license is not required for a personwho uses fuel in a motor vehicle with a combinedweight of 26,000 pounds or less if, for all fuel usedin a motor vehicle in this state, the person pays toa seller, at the time of the sale, the tax provided inORS 319.530.

(4)(a) A user’s license is not required for a per-son who uses fuel as described in ORS 319.520 (7) inthe vehicles specified in this subsection if the personpays to a seller, at the time of the sale, the tax pro-vided in ORS 319.530.

(b) Paragraph (a) of this subsection applies to thefollowing vehicles:

(A) Motor homes as defined in ORS 801.350.(B) Recreational vehicles as defined in [ORS

446.003] section 6 of this 2019 Act.(5) A user’s license is not required for a person

who uses fuel in a motor vehicle:(a) Metered use by which is subject to the per-

mile road usage charge imposed under ORS 319.885;and

(b) That also uses fuels subject to ORS 319.510to 319.880.

(6) A user’s license is not required for a personwho uses fuel in a motor vehicle on which anemblem issued for the motor vehicle pursuant toORS 319.535 is displayed.

SECTION 24. ORS 456.594 is amended to read:456.594. As used in ORS 456.594 to 456.599:(1) “Cash payment” means a payment made by

the Housing and Community Services Department tothe dwelling owner or to the contractor on behalfof the dwelling owner for energy conservationmeasures.

(2) “Contractor” means a person that installs orassists a dwelling owner to install energy conserva-tion measures in a dwelling.

(3)(a) “Dwelling” means real or personal prop-erty within the state inhabited as the principal resi-dence of a dwelling owner or a tenant.

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(b) “Dwelling” includes a manufactured dwellingas defined in ORS 446.003, a floating home as definedin ORS 830.700 and a single unit in multiple-unitresidential housing.

(c) “Dwelling” does not include a recreationalvehicle as defined in [ORS 446.003] section 6 of this2019 Act.

(4) “Dwelling owner” means the person:(a) Who has legal title to a dwelling, including

the mortgagor under a duly recorded mortgage ofreal property, the trustor under a duly recorded deedof trust or a purchaser under a duly recorded con-tract for the purchase of real property; and

(b) Whose dwelling receives space heating pri-marily from a fuel oil dealer.

(5) “Energy conservation items” includes but isnot limited to air sealing, weatherstripping, ceilingand wall insulation, crawl space insulation, vaporbarrier materials, programmable thermostats, insu-lation of heating ducts and water pipes in unheatedspaces, and replacement windows.

(6)(a) “Energy conservation measures” includesthe installation of energy conservation items and theenergy conservation items installed, where the itemsare primarily designed to improve the space heatingand energy utilization efficiency of a dwelling.

(b) “Energy conservation measures” does not in-clude the dwelling owner’s own labor.

(7) “Fuel oil dealer” means a person, association,corporation or other form of organization that sup-plies fuel oil at retail for the space heating ofdwellings.

(8) “Person” means an individual, partnership,joint venture, private or public corporation, associ-ation, firm, public service company, political subdi-vision, municipal corporation, government agency,people’s utility district, or any other entity, publicor private, however organized.

(9) “Petroleum supplier” means a petroleum re-finer in this state or any person engaged in thewholesale distribution of distillate fuel oil in thisstate.

(10) “Residential customer” means a dwellingowner or tenant who is billed by a fuel oil dealer forfuel oil service received at the dwelling.

(11) “Space heating” means the heating of livingspace within a dwelling.

(12) “Tenant” means a tenant as defined in ORS90.100 or any other tenant.

SECTION 25. ORS 469.155 is amended to read:469.155. (1) As used in this section:(a) “Dwelling” means real or personal property

inhabited as the principal residence of an owner orrenter. “Dwelling” includes a manufactured dwellingas defined in ORS 446.003, a floating home as definedin ORS 830.700 and multiple unit residential hous-ing. “Dwelling” does not include a recreational ve-hicle as defined in [ORS 446.003] section 6 of this2019 Act.

(b) “Energy conservation standards” meansstandards for the efficient use of energy for spaceand water heating in a dwelling.

(2) The Director of the State Department of En-ergy shall establish advisory energy conservationstandards for existing dwellings. The standards shallbe adopted by rule in accordance with ORS 183.310to 183.410. The standards:

(a) Shall take cost-effectiveness into account;and

(b) Shall be compatible with and further thestate’s incentive programs for residential energyconservation.

(3) The director shall publicize the energy con-servation standards and encourage home owners tovoluntarily comply with the standards.


the investor-owned utility to the dwelling owner orto the contractor on behalf of the dwelling owner forenergy conservation measures.

(2) “Commercial lending institution” means anybank, mortgage banking company, trust company,savings bank, savings and loan association, creditunion, national banking association, federal savingsand loan association or federal credit union main-taining an office in this state.

(3) “Commission” means the Public Utility Com-mission of Oregon.

(4) “Cost-effective” means that an energy con-servation measure that provides or saves a specificamount of energy during its life cycle results in thelowest present value of delivered energy costs of anyavailable alternative. However, the present value ofthe delivered energy costs of an energy conservationmeasure shall not be treated as greater than that ofa nonconservation energy resource or facility unlessthat cost is greater than 110 percent of the presentvalue of the delivered energy cost of the nonconser-vation energy resource or facility.

(5) “Dwelling” means real or personal propertywithin the state inhabited as the principal residenceof a dwelling owner or a tenant. “Dwelling” includesa manufactured dwelling as defined in ORS 446.003,a floating home as defined in ORS 830.700 and asingle unit in multiple-unit residential housing.“Dwelling” does not include a recreational vehicleas defined in [ORS 446.003] section 6 of this 2019Act.



(b) Whose dwelling receives space heating fromthe investor-owned utility.

(7) “Energy audit” means:(a) The measurement and analysis of the heat

loss and energy utilization efficiency of a dwelling;(b) An analysis of the energy savings and dollar

savings potential that would result from providingenergy conservation measures for the dwelling;

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(c) An estimate of the cost of the energy conser-vation measures that includes:

(A) Labor for the installation of items designedto improve the space heating and energy utilizationefficiency of the dwelling; and

(B) The items installed; and(d) A preliminary assessment, including feasibil-

ity and a range of costs, of the potential and oppor-tunity for installation of:

(A) Passive solar space heating and solar domes-tic water heating in the dwelling; and

(B) Solar swimming pool heating, if applicable.(8) “Energy conservation measures” means

measures that include the installation of items andthe items installed to improve the space heating andenergy utilization efficiency of a dwelling. Theseitems include, but are not limited to, caulking,weatherstripping and other infiltration preventativematerials, ceiling and wall insulation, crawl spaceinsulation, vapor barrier materials, timed thermo-stats, insulation of heating ducts, hot water pipesand water heaters in unheated spaces, storm doorsand windows, double glazed windows and dehumidi-fiers. “Energy conservation measures” does not in-clude the dwelling owner’s own labor.

(9) “Investor-owned utility” means an electric orgas utility regulated by the commission as a publicutility under ORS chapter 757.

(10) “Residential customer” means a dwellingowner or tenant who, either directly or indirectly,pays a share of the cost for service billed by aninvestor-owned utility for electric or natural gasservice received at the dwelling.




the publicly owned utility to the dwelling owner orto the contractor on behalf of the dwelling owner forenergy conservation measures.


(3) “Cost-effective” means that an energy con-servation measure that provides or saves a specificamount of energy during its life cycle results in thelowest present value of delivered energy costs of anyavailable alternative. However, the present value ofthe delivered energy costs of an energy conservationmeasure shall not be treated as greater than that ofa nonconservation energy resource or facility unlessthat cost is greater than 110 percent of the presentvalue of the delivered energy cost of the nonconser-vation energy resource or facility.

(4) “Dwelling” means real or personal propertywithin the state inhabited as the principal residence

of a dwelling owner or a tenant. “Dwelling” includesa manufactured dwelling as defined in ORS 446.003,a floating home as defined in ORS 830.700 and asingle unit in multiple-unit residential housing.“Dwelling” does not include a recreational vehicleas defined in [ORS 446.003] section 6 of this 2019Act.



(b) Whose dwelling receives space heating fromthe publicly owned utility.










measures that include the installation of items andthe items installed to improve the space heating andenergy utilization efficiency of a dwelling. Theseitems include, but are not limited to, caulking,weatherstripping and other infiltration preventativematerials, ceiling and wall insulation, crawl spaceinsulation, vapor barrier materials, timed thermo-stats, insulation of heating ducts, hot water pipesand water heaters in unheated spaces, storm doorsand windows, double glazed windows and dehumidi-fiers. “Energy conservation measures” does not in-clude the dwelling owner’s own labor.

(8) “Publicly owned utility” means a utility that:(a) Is owned or operated in whole or in part, by

a municipality, cooperative association or people’sutility district; and

(b) Distributes electricity.(9) “Residential customer” means a dwelling

owner or tenant who is billed by a publicly ownedutility for electric service received at the dwelling.



SECTION 28. ORS 469.710 is amended to read:469.710. As used in ORS 469.710 to 469.720, un-

less the context requires otherwise:

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(1) “Annual rate” means the yearly interest ratespecified on the note, and is not the annual per-centage rate, if any, disclosed to the applicant tocomply with the federal Truth in Lending Act.


(3) “Cost-effective” means that an energy con-servation measure that provides or saves a specificamount of energy during its life cycle results in thelowest present value of delivered energy costs of anyavailable alternative. However, the present value ofthe delivered energy costs of an energy conservationmeasure may not be treated as greater than that ofa nonconservation energy resource or facility unlessthat cost is greater than 110 percent of the presentvalue of the delivered energy cost of the nonconser-vation energy resource or facility.

(4) “Dwelling” means real or personal propertywithin the state inhabited as the principal residenceof a dwelling owner or a tenant. “Dwelling” includesa manufactured dwelling as defined in ORS 446.003,a floating home as defined in ORS 830.700 and asingle unit in multiple-unit residential housing.“Dwelling” does not include a recreational vehicleas defined in [ORS 446.003] section 6 of this 2019Act.

(5) “Dwelling owner” means the person who haslegal title to a dwelling, including the mortgagorunder a duly recorded mortgage of real property, thetrustor under a duly recorded deed of trust or apurchaser under a duly recorded contract for pur-chase of real property.










measures that include the installation of items andthe items installed that are primarily designed toimprove the space heating and energy utilization ef-ficiency of a dwelling. These items include, but arenot limited to, caulking, weatherstripping and otherinfiltration preventative materials, ceiling and wallinsulation, crawl space insulation, vapor barrier ma-terials, timed thermostats, insulation of heating

ducts, hot water pipes and water heaters in un-heated spaces, storm doors and windows, doubleglazed windows and dehumidifiers. “Energy conser-vation measures” does not include the dwellingowner’s own labor.

(8) “Finance charge” means the total of all in-terest, loan fees and other charges related to thecost of obtaining credit and includes any interest onany loan fees financed by the lending institution.

(9) “Fuel oil dealer” means a person, association,corporation or any other form of organization thatsupplies fuel oil at retail for the space heating ofdwellings.

(10) “Residential fuel oil customer” means adwelling owner or tenant who is billed by a fuel oildealer for fuel oil service for space heating receivedat the dwelling.


(12) “Wood heating resident” means a personwhose primary space heating is provided by thecombustion of wood.

SECTION 29. ORS 480.450 is amended to read:480.450. (1) The installer shall notify the State

Fire Marshal, before the last day of each month, ofall new installations made during the precedingmonth of containers or receptacles for liquefied pe-troleum gas, including installations for privatehomes and apartments. The installer shall certify ona form provided by the State Fire Marshal that allof the new installations are duly and properly re-ported. The State Fire Marshal may require that thenotification include the location and description ofthe installation and the name of the user. All feesdue and payable must accompany the notification.The replacement of empty containers or receptacleswith other containers constructed in accordancewith United States Department of Transportationspecifications is not a new installation or change inthe original installation that requires notification tothe State Fire Marshal or necessitates further in-spection of the installation. The State Fire Marshalshall collect from the installer an installation fee of$50 for each tank installed or for all tanks at theinstallation if the total combined capacity is 200gallons or less. The State Fire Marshal or deputiesof the fire marshal or assistants shall inspect a rea-sonable number of the installations and maintain arecord of the inspections in the office of the StateFire Marshal.

(2) In addition to any installation or inspectionfee, the State Fire Marshal may charge a plan re-view fee, not to exceed $100, for any liquefied petro-leum gas container and receptacle plan reviewrequired under a uniform fire code prescribed by theState Fire Marshal by rule.

(3) After the initial installation, liquefied petro-leum gas containers may be inspected once every 10years except when changes have been made in theoriginal installation. An installer making changesmust notify the State Fire Marshal of the changesin the same manner provided in this section for new

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installations. The State Fire Marshal shall collectfrom the owner a fee of $50 for the inspection ofeach container. The manner of inspection, require-ment of corrections, satisfaction of requirements andcollection of fees due and payable must conform withthe provisions of ORS 480.410 to 480.460 for new in-stallations. Upon request of the State Fire Marshal,LP gas installation licensees shall furnish a list ofthe locations of 10-year old installations that theyservice.

(4) If, upon inspection of any tank, the new in-stallation does not comply with the requirements ofthe State Fire Marshal, the State Fire Marshal shallinstruct the installer as to what corrections arenecessary for compliance with the State FireMarshal’s requirements. The installer of the new in-stallation shall, within the time set by the State FireMarshal, not to exceed 60 days after notification,notify the State Fire Marshal that the new installa-tion complies with the requirements of the fire mar-shal. If the installer fails to notify the State FireMarshal, or the State Fire Marshal has reason tobelieve that the corrections have not been made, theState Fire Marshal shall reinspect the new installa-tion and shall collect from the installer an additionalfee of $125. The user, not the installer, shall pay theadditional fee resulting from actions of the user thatrequire correction to achieve compliance with therequirements of the State Fire Marshal.

(5) A person who receives notice from the StateFire Marshal must correct any improper installationwithin the time set by the State Fire Marshal, notto exceed 60 days after receipt of the notice.

(6) If the fees provided for in this section are dueand payable and are not paid within 30 days afterservice of written notice by the State Fire Marshaltherefor, or if the installer fails to notify the StateFire Marshal by the last day of the month succeed-ing the month a new installation is made or achange is made requiring an inspection, the fees aredelinquent and a penalty equal to the greater of 10percent of the fee amount or $30, is imposed for thedelinquency. The State Fire Marshal shall collect allfees and penalties in the name of the State of Ore-gon in the same manner that other debts are col-lected.

(7) The provisions of this section do not apply toliquefied petroleum gas installations if made entirelywithin the jurisdiction of a governmental subdivisiongranted the exemption provided by ORS 476.030 (3)and written evidence of the licensing of the instal-lation by the approved authority is submitted to theState Fire Marshal. The provisions of this sectiondo not apply to LP gas installations made in manu-factured dwellings [or recreational vehicles] that areconstructed or altered in accordance with applicablerules of the Department of Consumer and BusinessServices. The provisions of this section do notapply to LP gas installations in a recreationalvehicle as defined in section 6 of this 2019 Act.

SECTION 30. ORS 801.409 is amended to read:

801.409. “Recreational vehicle” has the meaninggiven in [ORS 446.003] section 6 of this 2019 Act.

SECTION 30a. If Senate Bill 410 becomeslaw, sections 12 (amending ORS 455.010), 16(amending ORS 90.100), 18 (amending ORS197.492), 23 (amending ORS 319.550), 24 (amend-ing ORS 456.594), 25 (amending ORS 469.155), 26(amending ORS 469.631), 27 (amending ORS469.649), 28 (amending ORS 469.710), 29 (amend-ing ORS 480.450) and 30 (amending ORS 801.409)of this 2019 Act are repealed.

REPEAL

SECTION 31. ORS 306.006 is repealed.

TRANSITIONAL PROVISIONS

SECTION 32. Notwithstanding section 6 ofthis 2019 Act and the amendments to ORS446.003 by section 7 of this 2019 Act, a ruleadopted by the Director of the Department ofConsumer and Business Services under ORS446.003 prior to the effective date of this 2019 Actdefining a recreational vehicle shall continue ineffect and be treated as a rule adopted by theDirector of Transportation under section 6 ofthis 2019 Act until repealed or amended by theDirector of Transportation.


Sec. 32. Notwithstanding section [6 of this 2019Act] 25, chapter 422, Oregon Laws 2019 (EnrolledSenate Bill 410), and the amendments to ORS446.003 by section [7] 7a of this 2019 Act, a ruleadopted by the Director of the Department of Con-sumer and Business Services under ORS 446.003prior to the effective date of this 2019 Act defininga recreational vehicle shall continue in effect andbe treated as a rule adopted by the Director ofTransportation under section [6 of this 2019 Act] 25,chapter 422, Oregon Laws 2019 (Enrolled SenateBill 410), until repealed or amended by the Directorof Transportation.

SECTION 33. Section 6 of this 2019 Act andthe amendments to ORS 446.003, 446.155, 446.170,446.561, 455.010, 455.117 and 480.450 by sections 7to 10, 12, 13 and 29 of this 2019 Act do not divestthe Department of Consumer and Business Ser-vices or a municipality of the authority over aviolation of ORS 480.420 to 480.460 or ORS chap-ter 446 or 455 committed prior to the effectivedate of this 2019 Act.


Sec. 33. Section [6 of this 2019 Act] 25, chapter422, Oregon Laws 2019 (Enrolled Senate Bill 410),and the amendments to ORS 446.003, 446.155,

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446.170, 446.561[, 455.010,] and 455.117 [and 480.450]by sections [7 to 10, 12, 13 and 29] 7a to 10a and13 of this 2019 Act do not divest the Department ofConsumer and Business Services or a municipalityof the authority over a violation of [ORS 480.420 to480.460 or] ORS chapter 446 or 455 committed priorto the effective date of this 2019 Act.

SECTION 34. Section 15 of this 2019 Act, theamendments to ORS 305.288, 307.190 and 307.651by sections 20 to 22 of this 2019 Act and the re-peal of ORS 306.006 by section 31 of this 2019 Actapply to assessments levied on or after the ef-fective date of this 2019 Act and to classifica-tions, determinations, eligibility or other

purposes related to the making of assessmentsthat are levied on or after the effective date ofthis 2019 Act.

CAPTIONS

SECTION 35. The unit captions used in this2019 Act are provided only for the convenienceof the reader and do not become part of thestatutory law of this state or express any legis-lative intent in the enactment of this 2019 Act.

Approved by the Governor July 23, 2019Filed in the office of Secretary of State July 29, 2019Effective date January 1, 2020

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oregon laws 2019 chap. 585

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