Oregon Alarm & Security Licensing Law

Oregon Code · 49 sections

The following is the full text of Oregon’s alarm & security licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 1.182

1.182]

�� 1.180 Advisory committees on court security and emergency preparedness; plans. (1) As used in this section, �court facility� means a state court or justice court other than the Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court Administrator.

�� (2) The presiding judge for a judicial district may appoint an Advisory Committee on Court Security and Emergency Preparedness for the judicial district. A committee appointed under this section shall consist of:

�� (a) The sheriff of each county in which a court facility is located;

�� (b) The district attorney of each county in which a court facility is located;

�� (c) A member of the local governing body of each county in which a court facility is located, or the member�s representative;

�� (d) The president of the county bar association, if any, for each county in which a court facility is located, or the president�s representative;

�� (e) A justice of the peace from each county in the district in which a justice court is located; and

�� (f) The following persons as designated by the presiding judge:

�� (A) The trial court administrator for each county in which a court facility is located; and

�� (B) A judge from each county in which a court facility is located.

�� (3) A committee appointed under this section shall meet at the call of the presiding judge that appointed the committee.

�� (4) A committee appointed under this section shall submit to the presiding judge of the judicial district a plan for court security improvement, emergency preparedness and business continuity for each building containing a court facility in the county. The plan shall include capital outlay needs and may include recommendations concerning:

�� (a) Security procedures for the transportation and supervision of prisoners for court appearances including, as otherwise allowed by law, the use of video transmission equipment for the appearance of defendants who are in custody;

�� (b) Procedures for the secure handling, transportation and disposal of hazardous substances and contraband in court proceedings;

�� (c) Emergency alarm systems accessible to all court employees;

�� (d) Physical security for judges, justices of the peace, staff and the public;

�� (e) Procedures for emergency evacuation of buildings containing court facilities;

�� (f) Procedures for identifying court security personnel, including a court security officer to be appointed by the presiding judge, who shall be responsible for:

�� (A) The management of the plan;

�� (B) A regular security inspection of each building containing a court facility; and

�� (C) Regular security training of sheriff department, judicial department and district attorney personnel; and

�� (g) Priorities for available court facilities within the building based on the level of security needed.

�� (5) The plan may also include:

�� (a) An evaluation of how each of the items listed in subsection (4) of this section is being addressed and should be addressed;

�� (b) How practices, facilities and equipment falling below appropriate levels are to be improved;

�� (c) The anticipated cost of improving practices, facilities and equipment that fall below appropriate levels;

�� (d) The funding source for each improvement; and

�� (e) The time schedule for implementation of improvements.

�� (6) Adoption of a plan under this section is subject to the approval of the presiding judge that appointed the committee. The plan may conclude that court facility security is adequate.

�� (7) Implementation of the elements of a plan that have a significant fiscal impact are subject to availability of funding.

�� (8) As soon as a plan, revision or amendment is adopted, the presiding judge shall provide the Chief Justice of the Supreme Court with a copy of the plan adopted under this section and any revisions or amendments to the plan. Each plan shall be reviewed and revised or amended as needed, not later than June 30 of each odd-numbered year.

�� (9) Except as provided in this subsection, plans prepared under this section are confidential and need not be disclosed under the provisions of ORS 192.311 to 192.478. The presiding judge of a judicial district, with the concurrence of all sheriffs for the counties of the district, may authorize the disclosure of all or part of a plan prepared under this section if the judge determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a court security plan and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 to 192.478. [1993 c.637 �15; 1995 c.658 �124; 1997 c.513 ��1,2; 1997 c.801 �113; 2005 c.804 �1]

COURTHOUSE CAPITAL CONSTRUCTION AND IMPROVEMENT

�� 1.181 Bonds for courthouse capital construction and improvement. (1) Out of the amount specified in section 1 (6), chapter 705, Oregon Laws 2013, the State Treasurer may issue Article XI-Q bonds in an amount not to exceed $19 million of net proceeds for the purposes specified in subsection (3) of this section, plus an amount estimated by the State Treasurer to pay estimated bond-related costs.

�� (2)(a) Bonds may not be issued pursuant to this section or section 10, chapter 685, Oregon Laws 2015, unless:

�� (A) The Chief Justice of the Supreme Court has determined that:

�� (i) The courthouse with respect to which the bonds will be issued has significant structural defects, including seismic defects, that present actual or potential threats to human health and safety;

�� (ii) Replacing the courthouse, whether by acquiring and remodeling or repairing an existing building or by constructing a new building, is more cost-effective than remodeling or repairing the courthouse; and

�� (iii) Replacing the courthouse creates an opportunity for colocation of the court with other state offices; and

�� (B) The Oregon Department of Administrative Services has approved the project for which the bonds will be issued.

�� (b) The Oregon Department of Administrative Services, after consultation with the Judicial Department, shall determine when net proceeds are needed for the purposes described in subsection (3) of this section and shall consult with the Judicial Department regarding the sale of bonds to be issued pursuant to this section.

�� (3) The State Treasurer shall deposit the net proceeds of bonds issued pursuant to this section and section 10, chapter 685, Oregon Laws 2015, in the Oregon Courthouse Capital Construction and Improvement Fund. The net proceeds and any interest earnings may be used solely to finance costs related to acquiring, constructing, remodeling, repairing, equipping or furnishing land, improvements, courthouses or portions of courthouses that are, or that upon completion of a project funded under this section will be, owned or operated by the State of Oregon.

�� (4) As used in ORS 286A.816 to 286A.826 with respect to this section:

�� (a) �Project agency� means the Judicial Department.

�� (b) �Project fund� means the Oregon Courthouse Capital Construction and Improvement Fund. [2013 c.705 �8; 2014 c.121 �6; 2016 c.118 �2]

�� 1.182 [1993 c.637 �16; 2005 c.804 �2; 2011 c.597 �60; renumbered 1.179 in 2025]

�� 1.183 Interim agreements for funding, acquisition, development and construction of courthouses; transfer of funds by county; operation of courthouse by state. (1)(a) Notwithstanding ORS 1.185, a county and the state, acting by and through the Oregon Department of Administrative Services on behalf of the Judicial Department, may enter into interim agreements that provide for the funding, acquisition, development and construction of a courthouse and require the parties to negotiate in good faith and execute a long-term lease agreement or a long-term intergovernmental agreement with respect to the ownership or operation of a courthouse or portions of a courthouse that the county is required to provide under ORS

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 105.810

105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.

�� (2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 shall be in addition to and not in lieu of a judgment for damages under this section.

�� (3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (4). [Amended by 1995 c.721 �2; 1999 c.544 �2]

�� 105.820 Remedy of tenants in common. A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.

�� 105.825 Action for injury to inheritance. A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.

�� 105.830 [1981 c.841 �1; repealed by 1989 c.693 �21]

�� 105.831 Damages for injury to mining claim. If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from such damage, removal or injury. In an appropriate case, the court may award punitive damages to such other person. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1049 �2; 1995 c.618 �56]

�� 105.834 Owner�s immunity from liability for theft of metal property. (1) As used in this section, �owner� means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

�� (2) An owner of land is not liable for personal injury, death or property damage that arises out of:

�� (a) Theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land; or

�� (b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land when the owner did not know or could not reasonably have known of the hazardous condition.

�� (3) The immunities provided under this section apply to:

�� (a) Public and private land;

�� (b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner�s land; and

�� (c) Machinery or equipment on the owner�s land.

�� (4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 �10]

�� 105.835 [1981 c.841 �2; repealed by 1989 c.693 �21]

CARBON MONOXIDE ALARMS IN DWELLINGS

�� 105.836 Definitions for ORS 105.836 to 105.842 and 476.725. As used in ORS 105.836 to 105.842 and 476.725, unless the context requires otherwise:

�� (1) �Carbon monoxide alarm� means a device that:

�� (a) Detects carbon monoxide;

�� (b) Produces a distinctive audible alert when carbon monoxide is detected;

�� (c) Conforms to State Fire Marshal rules;

�� (d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and

�� (e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other.

�� (2) �Carbon monoxide source� means:

�� (a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or

�� (b) An attached garage with an opening that communicates directly with a living space.

�� (3) �Multifamily housing� means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (4) �One and two family dwelling� means a residential building that is regulated under the state building code as a one and two family dwelling. [2009 c.591 �1; 2011 c.42 �17]

�� 105.838 Carbon monoxide alarm in dwelling. (1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of the dwelling or housing.

�� (2) A carbon monoxide alarm in a one and two family dwelling or multifamily housing described in subsection (1) of this section must be installed in conformance with applicable rules of the State Fire Marshal and in conformance with any applicable requirements of the state building code.

�� (3) Violation of this section or a rule adopted by the State Fire Marshal does not invalidate any sale or transfer of possession of a one and two family dwelling or multifamily housing. [2009 c.591 �2]

�� 105.840 Action by purchaser for failure of seller to install carbon monoxide alarm. A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer. [2009 c.591 �3]

�� 105.842 Tampering with carbon monoxide alarm. (1) As used in this section, �tamper� includes, but is not limited to, the removal of working batteries.

�� (2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxide alarm:

�� (a) For the purpose of replacing a defective alarm or conforming the installation of the alarm with State Fire Marshal rules;

�� (b) In a dwelling or housing that is being demolished or converted to nonresidential use; or

�� (c) For the period that the removal or tampering is necessary for an active process of remodeling or renovating the installation location. [2009 c.591 �6]

�� 105.844 Short title. ORS 90.316,

ORS 124.990

124.990�� Criminal penalty

ELDERLY PERSONS AND PERSONS WITH DISABILITIES ABUSE PREVENTION ACT

�� 124.005 Definitions for ORS 124.005 to 124.040. As used in ORS 124.005 to 124.040:

�� (1) �Abuse� means one or more of the following:

�� (a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

�� (b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

�� (c) Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person.

�� (d) Willful infliction of physical pain or injury.

�� (e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability.

�� (f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court�s assistance to prevent the person from incurring further expense.

�� (g) Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out.

�� (h) Sexual contact with a nonconsenting elderly person or person with a disability or with an elderly person or person with a disability considered incapable of consenting to a sexual act as described in ORS 163.315. As used in this paragraph, �sexual contact� has the meaning given that term in ORS 163.305.

�� (2) �Declaration under penalty of perjury� means a declaration under penalty of perjury in the form required by ORCP 1 E.

�� (3) �Elderly person� means any person 65 years of age or older.

�� (4) �Guardian petitioner� means a guardian or guardian ad litem for an elderly person or a person with a disability who files a petition under ORS 124.005 to 124.040 on behalf of the elderly person or person with a disability.

�� (5) �Interfere� means to interpose in a way that hinders or impedes.

�� (6) �Intimidate� means to compel or deter conduct by a threat.

�� (7) �Menace� means to act in a threatening manner.

�� (8) �Molest� means to annoy, disturb or persecute with hostile intent or injurious effect.

�� (9) �Person with a disability� means a person described in:

�� (a) ORS 410.040 (7); or

�� (b) ORS 410.715.

�� (10) �Petitioner� means an elderly person or a person with a disability who files a petition under ORS 124.005 to 124.040.

�� (11) �Sweepstakes� means:

�� (a) A procedure for awarding a prize that is based on chance;

�� (b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or

�� (c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

�� (12) �Sweepstakes promotion� means an offer to participate in a sweepstakes. [1995 c.666 ��3,3a; 1999 c.738 �1; 1999 c.875 �6; 2003 c.257 �1a; 2003 c.264 �1; 2005 c.671 �1; 2007 c.70 �24; 2011 c.36 �2; 2015 c.121 �17; 2019 c.93 �1]

�� 124.010 Petition for relief; time limitation; information to be provided petitioner; exception. (1)(a) Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 to 124.040, if the person is in immediate and present danger of further abuse from the abuser.

�� (b) The elderly person or person with a disability or the guardian or guardian ad litem of the person may seek relief by filing a petition with the circuit court alleging that the person is in immediate and present danger of further abuse from the respondent, alleging that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition.

�� (c) A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship between the elderly person or person with a disability and the respondent.

�� (d) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court has jurisdiction over all proceedings under ORS 124.005 to 124.040.

�� (2) The petitioner or guardian petitioner has the burden of proving a claim under ORS

ORS 162.195

162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify. [1989 c.759 �2]

�� 162.195 Failure to appear in the second degree. (1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:

�� (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or

�� (b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a misdemeanor.

�� (2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 �195; 1973 c.836 �343; 1993 c.533 �5; 1999 c.1051 �69; 2001 c.517 �3; 2003 c.320 �1]

�� 162.205 Failure to appear in the first degree. (1) A person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after:

�� (b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a felony.

�� (2) Failure to appear in the first degree is a Class C felony. [1971 c.743 �196; 1973 c.836 �344; 2001 c.517 �4; 2003 c.320 �2]

�� 162.210 [Repealed by 1971 c.743 �432]

�� 162.220 [Repealed by 1971 c.743 �432]

OBSTRUCTING GOVERNMENTAL ADMINISTRATION

�� 162.225 Definitions for ORS 162.225 to 162.375. As used in ORS 162.225 to 162.375 and 162.465, unless the context requires otherwise:

�� (1) �Firefighter� means any fire or forestry department employee, or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or property by fire.

�� (2) �Official proceeding� means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings.

�� (3) �Physical evidence� means any article, object, record, document or other evidence of physical substance.

�� (4) �Public record� means any book, document, paper, file, photograph, sound recording, computerized recording in machine storage, records or other materials, regardless of physical form or characteristic, made, received, filed or recorded in any government office or agency pursuant to law or in connection with the transaction of public business, whether or not confidential or restricted in use.

�� (5) �Testimony� means oral or written statements that may be offered by a witness in an official proceeding. [1971 c.743 �197; 1991 c.67 �34]

�� 162.230 [Repealed by 1971 c.743 �432]

�� 162.235 Obstructing governmental or judicial administration. (1) A person commits the crime of obstructing governmental or judicial administration if the person:

�� (a) Intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle;

�� (b) With intent to defraud, engages in the business of or acts in the capacity of a notary public as defined in ORS 194.215 without having received a commission as a notary public from the Secretary of State; or

�� (c) With intent to defraud, engages in the business of or acts in the capacity of an immigration consultant, as defined in ORS 9.280, in violation of ORS 9.160.

�� (2)(a) This section does not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

�� (b) Subsection (1)(a) of this section does not apply to the act of informing another person of the other person�s civil or constitutional rights.

�� (3) Obstructing governmental or judicial administration is a Class A misdemeanor. [1971 c.743 �198; 1981 c.902 �1; 2016 c.47 �1; 2025 c.246 �1]

�� 162.240 [Repealed by 1971 c.743 �432]

�� 162.245 Refusing to assist a peace officer. (1) A person commits the offense of refusing to assist a peace officer if upon command by a person known by the person to be a peace officer the person unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime.

�� (2) This section does not apply to the act, by itself, of informing another person of the other person�s civil or constitutional rights.

�� (3) Refusing to assist a peace officer is a Class B violation. [1971 c.743 �199; 1999 c.1051 �150; 2025 c.246 �2]

�� 162.247 Interfering with a peace officer or parole and probation officer. (1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355, intentionally or knowingly acts in a manner that prevents, or attempts to prevent, the peace officer or parole and probation officer from performing the lawful duties of the officer with regard to another person or a criminal investigation.

�� (2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

�� (3) This section does not apply:

�� (a) In situations in which the person is engaging in passive resistance.

�� (b) To the act of informing another person of the other person�s civil or constitutional rights.

�� (4) A person may not be arrested or charged under this section if the person is arrested or charged for another offense based on the same conduct. [1997 c.719 �1; 1999 c.1040 �7; 2005 c.668 �1; 2021 c.254 �1; 2025 c.246 �3]

�� Note: 162.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 162.255 Refusing to assist in fire-fighting operations. (1) A person commits the offense of refusing to assist in fire-fighting operations if:

�� (a) Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or

�� (b) Upon command by a person known by the person to be a firefighter or peace officer the person intentionally and unreasonably disobeys a lawful order relating to the conduct of the person in the vicinity of a fire.

�� (2) Subsection (1) of this section does not apply to a person working for a news organization if the person is reporting on the fire and the person does not unreasonably interfere with fire-fighting operations.

�� (3) Refusing to assist in fire-fighting operations is a Class B violation. [1971 c.743 �200; 1991 c.67 �35; 1999 c.1051 �151; 2005 c.626 �1]

�� 162.257 Interfering with a firefighter or emergency medical services provider. (1) A person commits the crime of interfering with a firefighter or emergency medical services provider if the person, knowing that another person is a firefighter or emergency medical services provider, intentionally acts in a manner that prevents, or attempts to prevent, a firefighter or emergency medical services provider from performing the lawful duties of the firefighter or emergency medical services provider.

�� (2) Interfering with a firefighter or emergency medical services provider is a Class A misdemeanor.

�� (3) As used in this section, �emergency medical services provider� has the meaning given that term in ORS 682.025. [2003 c.529 �2; 2011 c.703 �26]

�� 162.265 Bribing a witness. (1) A person commits the crime of bribing a witness if the person offers, confers or agrees to confer any pecuniary benefit upon a witness in any official proceeding, or a person the person believes may be called as a witness, with the intent that:

�� (a) The testimony of the person as a witness will thereby be influenced; or

�� (b) The person will avoid legal process summoning the person to testify; or

�� (c) The person will be absent from any official proceeding to which the person has been legally summoned.

�� (2) Bribing a witness is a Class C felony. [1971 c.743 �201]

�� 162.275 Bribe receiving by a witness. (1) A witness in any official proceeding, or a person who believes the person may be called as a witness, commits the crime of bribe receiving by a witness if the person solicits any pecuniary benefit with the intent, or accepts or agrees to accept any pecuniary benefit upon an agreement or understanding, that:

�� (a) The testimony of the person as a witness will thereby be influenced; or

�� (b) The person will avoid legal process summoning the person to testify; or

�� (c) The person will be absent from any official proceeding to which the person has been legally summoned.

�� (2) Bribe receiving by a witness is a Class C felony. [1971 c.743 �202]

�� 162.285 Tampering with a witness. (1) A person commits the crime of tampering with a witness if:

�� (a) The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony; or

�� (b) The person knowingly induces or attempts to induce a witness to be absent from any official proceeding to which the person has been legally summoned.

�� (2) Tampering with a witness is a Class C felony. [1971 c.743 �203; 1979 c.231 �1]

�� 162.295 Tampering with physical evidence. (1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person:

�� (a) Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or

�� (b) Knowingly makes, produces or offers any false physical evidence; or

�� (c) Prevents the production of physical evidence by an act of force, intimidation or deception against any person.

�� (2) Tampering with physical evidence is a Class A misdemeanor. [1971 c.743 �204]

�� 162.305 Tampering with public records. (1) A person commits the crime of tampering with public records if, without lawful authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in or falsely alters any public record, including records relating to the Oregon State Lottery.

�� (2)(a) Except as provided in paragraph (b) of this subsection, tampering with public records is a Class A misdemeanor.

�� (b) Tampering with records relating to the Oregon State Lottery is a Class C felony. [1971 c.743 �205; 1991 c.962 �16]

�� 162.310 [Repealed by 1971 c.743 �432]

�� 162.315 Resisting arrest. (1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

�� (2) As used in this section:

�� (a) �Arrest� has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

�� (b) �Parole and probation officer� has the meaning given that term in ORS 181A.355.

�� (c) �Resists� means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

�� (3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

�� (4) Resisting arrest is a Class A misdemeanor. [1971 c.743 �206; 1989 c.877 �1; 1997 c.749 �3; 2005 c.668 �2]

�� 162.320 [Repealed by 1971 c.743 �432]

�� 162.322 [1961 c.649 �1; repealed by 1971 c.743 �432]

�� 162.324 [1961 c.649 �2; repealed by 1971 c.743 �432]

�� 162.325 Hindering prosecution. (1) A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a felony in profiting or benefiting from the commission of the crime, the person:

�� (a) Harbors or conceals such person; or

�� (b) Warns such person of impending discovery or apprehension; or

�� (c) Provides or aids in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

�� (d) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person; or

�� (e) Suppresses by any act of concealment, alteration or destruction physical evidence which might aid in the discovery or apprehension of such person; or

�� (f) Aids such person in securing or protecting the proceeds of the crime.

�� (2) Hindering prosecution is a Class C felony. [1971 c.743 �207]

�� 162.326 [1961 c.649 �3; repealed by 1971 c.743 �432]

�� 162.330 [Amended by 1961 c.649 �4; repealed by 1971 c.743 �432]

�� 162.335 Compounding. (1) A person commits the crime of compounding if the person accepts or agrees to accept any pecuniary benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony.

�� (2) Compounding is a Class A misdemeanor. [1971 c.743 �208]

�� 162.340 [Amended by 1955 c.660 �21; 1961 c.649 �5; repealed by 1971 c.743 �432]

�� 162.345 Defenses for hindering or compounding limited. It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished. [1971 c.743 �209]

�� 162.350 [Amended by 1955 c.660 �22; repealed by 1961 c.649 �9]

�� 162.355 Simulating legal process. (1) A person commits the crime of simulating legal process if, with the intent to harass, injure or defraud another person, the person knowingly issues or delivers to another person any document that in form and substance falsely simulates civil or criminal process.

�� (2) As used in this section:

�� (a) �Civil or criminal process� means a document or order, including, but not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena, that is issued by a court or that is filed or recorded for the purpose of:

�� (A) Exercising jurisdiction;

�� (B) Representing a claim against a person or property;

�� (C) Directing a person to appear before a court or tribunal; or

�� (D) Directing a person to perform or refrain from performing a specified act.

�� (b) �Person� has the meaning given that term in ORS 161.015, except that in relation to a defendant, �person� means a human being, a public or private corporation, an unincorporated association or a partnership.

�� (3) Simulating legal process is a Class C felony. [1971 c.743 �210; 1997 c.395 �1; 2005 c.2 �1]

�� 162.360 [Repealed by 1961 c.649 �9]

�� 162.365 Criminal impersonation of a public servant. (1) A person commits the crime of criminal impersonation of a public servant if, with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of a public servant.

�� (2) It is no defense to a prosecution under this section that:

�� (a) The office, position or title that the person pretended to hold did not in fact exist; or

�� (b) The unit of government that the person pretended to represent did not in fact exist.

�� (3)(a) Criminal impersonation of a public servant is a Class A misdemeanor.

�� (b) Notwithstanding paragraph (a) of this subsection, criminal impersonation of a public servant is a Class C felony if the public servant impersonated is a peace officer, judge or justice of the peace.

�� (4) For the purposes of this section, �public servant� includes an active member or veteran of the Armed Forces of the United States. [1971 c.743 �211; 1993 c.243 �1; 1997 c.395 �2; 2003 c.577 �12; 2007 c.510 �1; 2016 c.22 �3]

�� 162.367 Criminal impersonation of a peace officer. (1) A person commits the crime of criminal impersonation of a peace officer if the person, with the intent to obtain a benefit or to injure or defraud another person, uses false law enforcement identification or wears a law enforcement uniform to give the impression that the person is a peace officer and does an act in that assumed character.

�� (2) Criminal impersonation of a peace officer is a Class C felony.

�� (3) As used in this section:

�� (a) �False law enforcement identification� means a badge or an identification card that:

�� (A) Identifies the possessor of the badge or card as a member of a law enforcement unit; and

�� (B) Was not lawfully issued to the possessor by the law enforcement unit.

�� (b) �Law enforcement uniform� means clothing bearing words such as �police,� �sheriff,� �state trooper� or �law enforcement,� or clothing that is an official uniform or substantially similar to an official uniform of a law enforcement unit that would make it reasonably likely that a person would believe that the wearer is a peace officer. [1993 c.243 �2; 2005 c.259 �1]

�� Note: 162.367 and 162.369 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 162.369 Possession of a false law enforcement identification card. (1) A person commits the crime of possession of a false law enforcement identification card if the person possesses a false law enforcement identification card.

�� (2) Possession of a false law enforcement identification card is a Class A misdemeanor.

�� (3) As used in this section, �false law enforcement identification card� means an identification card that:

�� (a) Identifies the possessor of the card as a member of a law enforcement unit; and

�� (b) Was not lawfully issued to the possessor by the law enforcement unit. [1993 c.243 �3]

�� Note: See note under 162.367.

�� 162.370 [Repealed by 1961 c.649 �9]

�� 162.375 Initiating a false report. (1) A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.

�� (2) Initiating a false report is a Class A misdemeanor.

�� (3)(a) The court shall include in the sentence of any person convicted under this section a requirement that the person repay the costs incurred in responding to and investigating the false report.

�� (b) If the response to the false report involved the deployment of a law enforcement special weapons and tactics (SWAT) team or a similar law enforcement group, the court shall impose, and may not suspend, a term of incarceration of:

�� (A) At least 10 days.

�� (B) At least 30 days if the deployment resulted in death or serious physical injury to another person. [1971 c.743 �212; 2013 c.490 �1; 2015 c.751 �2; 2018 c.120 �9]

�� 162.380 [Amended by 1953 c.531 �2; 1955 c.660 �23; repealed by 1971 c.743 �432]

�� 162.385 Giving false information to a peace officer in connection with a citation or warrant. (1) A person commits the crime of giving false information to a peace officer in connection with a citation or warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer when:

�� (a) The peace officer is issuing or serving the person a citation under authority of ORS

ORS 163.427

163.427, 163.465, 163.467 or 163.525.

�� (f) Verbal abuse.

�� (g) Financial exploitation.

�� (h) Sexual abuse.

�� (i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person.

�� (j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

�� (2) �Elderly person� means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

�� (3) �Facility� means:

�� (a) A long term care facility as that term is defined in ORS 442.015.

�� (b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility.

�� (c) An adult foster home as that term is defined in ORS 443.705.

�� (4) �Financial exploitation� means:

�� (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.

�� (b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.

�� (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.

�� (d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

�� (5) �Intimidation� means compelling or deterring conduct by threat.

�� (6) �Law enforcement agency� means:

�� (a) Any city or municipal police department.

�� (b) Any county sheriff�s office.

�� (c) The Oregon State Police.

�� (d) Any district attorney.

�� (e) A police department established by a university under ORS 352.121 or 353.125.

�� (7) �Neglect� means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.

�� (8) �Person with a disability� means a person described in:

�� (a) ORS 410.040 (7); or

�� (b) ORS 410.715.

�� (9) �Public or private official� means:

�� (a) Physician or physician associate licensed under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident.

�� (b) Licensed practical nurse, registered nurse, nurse practitioner, nurse�s aide, home health aide or employee of an in-home health service.

�� (c) Employee of the Department of Human Services or community developmental disabilities program.

�� (d) Employee of the Oregon Health Authority, local health department or community mental health program.

�� (e) Peace officer.

�� (f) Member of the clergy.

�� (g) Regulated social worker.

�� (h) Physical, speech or occupational therapist.

�� (i) Senior center employee.

�� (j) Information and referral or outreach worker.

�� (k) Licensed professional counselor or licensed marriage and family therapist.

�� (L) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.

�� (m) Firefighter or emergency medical services provider.

�� (n) Psychologist.

�� (o) Provider of adult foster care or an employee of the provider.

�� (p) Audiologist.

�� (q) Speech-language pathologist.

�� (r) Attorney.

�� (s) Dentist.

�� (t) Optometrist.

�� (u) Chiropractor.

�� (v) Personal support worker, as defined in ORS 410.600.

�� (w) Home care worker, as defined in ORS 410.600.

�� (x) Referral agent, as defined in ORS 443.370.

�� (y) A person providing agency with choice services under ORS 427.181 or 443.360.

�� (10) �Services� includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an elderly person.

�� (11)(a) �Sexual abuse� means:

�� (A) Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315;

�� (B) Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;

�� (C) Sexual exploitation;

�� (D) Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or

�� (E) Any sexual contact that is achieved through force, trickery, threat or coercion.

�� (b) �Sexual abuse� does not mean consensual sexual contact between an elderly person and:

�� (A) An employee of a facility who is also the spouse of the elderly person; or

�� (B) A paid caregiver.

�� (12) �Sexual contact� has the meaning given that term in ORS 163.305.

�� (13) �Verbal abuse� means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:

�� (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

�� (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [Formerly 410.610; 1999 c.463 �6; 2001 c.104 �36; 2005 c.671 �4; 2007 c.70 �29; 2009 c.442 �33; 2009 c.595 �84; 2009 c.708 �1; 2009 c.837 �9; 2011 c.36 �3; 2011 c.506 �5; 2011 c.703 �23; 2013 c.129 �23; 2013 c.180 �7; 2013 c.352 �5; 2014 c.104 �9; 2015 c.179 �2; 2015 c.416 �1; 2015 c.736 �49; 2017 c.656 �4; 2018 c.75 ��7,8; 2021 c.251 �1; 2022 c.91 �7; 2024 c.37 �4; 2024 c.73 �32]

�� 124.055 Policy. The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620]

�� 124.060 Duty of officials to report; exceptions. (1) Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065.

�� (2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.

�� (3) An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

�� (4) The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [Formerly

ORS 163.452

163.452 prohibits a penetration described in those sections when:

�� (1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or

�� (2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 �4; 2005 c.488 �5; 2023 c.200 �3a]

�� 163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor.

�� (2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant was at least 16 years of age.

�� (b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor was under 18 years of age and the person may not use a defense described in ORS 163.325.

�� (3)(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.

�� (b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:

�� (A) For a person�s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.

�� (B) For a person�s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 163A.005.

�� (c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that the person is unable to pay the full amount of the mandatory minimum fine, the court shall impose and may not suspend a fine in an amount the court determines the person is able to pay.

�� (d) For a person�s first conviction under this section, the court may designate the offense as a sex crime under ORS 163A.005 if the court finds that the circumstances of the offense and the age of the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor as reported to the defendant require the defendant to register and report as a sex offender for the safety of the community.

�� (4) As used in this section:

�� (a) �John school� means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of commercial sexual solicitation or purchasing sex with a minor or attempting to engage in commercial sexual solicitation or purchase sex with a minor.

�� (b) �Minor� means a person under 18 years of age.

�� (c) �Police officer� has the meaning given that term in ORS 181A.355. [2013 c.720 �4; 2015 c.98 �6; 2015 c.101 �2]

�� 163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if:

�� (a) The person subjects another person to sexual contact and:

�� (A) The victim does not consent to the sexual contact; or

�� (B) The victim is incapable of consent by reason of being under 18 years of age; or

�� (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

�� (2) Sexual abuse in the third degree is a Class A misdemeanor.

�� (3) As used in this section, �dangerous substance� means blood, urine, semen or feces. [1971 c.743 �115; 1979 c.489 �1; 1991 c.830 �1; 1995 c.657 �11; 1995 c.671 �9; 2009 c.616 �1]

�� 163.420 [Repealed by 1971 c.743 �432]

�� 163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:

�� (a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or

�� (b)(A) The person violates ORS 163.415 (1)(a)(B);

�� (B) The person is 21 years of age or older; and

�� (C) At any time before the commission of the offense, the person was the victim�s coach or teacher, as those terms are defined in ORS 163.426.

�� (2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 �116; 1983 c.564 �1; 1991 c.386 �14; 1991 c.830 �2; 2009 c.876 �2; 2017 c.318 �6; 2021 c.403 �1]

�� 163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section:

�� (a) �Coach� means a person who instructs or trains an individual or members of a team in a sport.

�� (b) �Teacher� means an employee of a school or school district who has direct responsibility for the instruction of students.

�� (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

�� (a) The victim is incapable of consent by reason of being under 18 years of age;

�� (b) The offender is 21 years of age or older; and

�� (c) At any time before the commission of the offense, the offender was the victim�s coach or teacher. [2009 c.876 �1; 2021 c.403 �2]

�� Note: 163.426 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.427 Sexual abuse in the first degree. (1) A person commits the crime of sexual abuse in the first degree when that person:

�� (a) Subjects another person to sexual contact and:

�� (A) The victim is less than 14 years of age;

�� (B) The victim is subjected to forcible compulsion by the actor; or

�� (C) The victim is incapable of consent by reason of being mentally incapacitated, physically helpless or incapable of appraising the nature of the victim�s conduct; or

�� (b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

�� (2) Sexual abuse in the first degree is a Class B felony. [1991 c.830 �3; 1995 c.657 �12; 1995 c.671 �10; 2021 c.82 �7]

�� Note: 163.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.429 Sexual abuse by fraudulent representation. (1) A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly:

�� (a) Subjects another person to sexual contact; and

�� (b) Falsely or fraudulently represents to the other person that the sexual contact serves a legitimate medical purpose.

�� (2) Sexual abuse by fraudulent representation is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify sexual abuse by fraudulent representation as a crime category 8 of the sentencing guidelines grid of the commission.

�� (4) As used in this section:

�� (a) �Licensee� has the meaning given that term in ORS 676.150.

�� (b) �Sexual contact� has the meaning given that term in ORS 163.305. [2023 c.200 �1]

�� Note: 163.429 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.430 [Amended by 1967 c.359 �683; repealed by 1971 c.743 �432]

�� 163.431 Definitions for ORS 163.431 to 163.434. As used in ORS 163.431 to 163.434:

�� (1) �Child� means a person who the defendant reasonably believes to be under 16 years of age.

�� (2) �Online communication� means communication that occurs via telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.

�� (3) �Sexual contact� has the meaning given that term in ORS 163.305.

�� (4) �Sexually explicit conduct� has the meaning given that term in ORS 163.665.

�� (5) �Solicit� means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so. [2007 c.876 �1; 2009 c.517 �1]

�� Note: 163.431 to 163.434 were added to and made a part of ORS chapter 163 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.432 Online sexual corruption of a child in the second degree. (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:

�� (a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and

�� (b) Offers or agrees to physically meet with the child.

�� (2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 �2]

�� Note: See note under 163.431.

�� 163.433 Online sexual corruption of a child in the first degree. (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.

�� (2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 �3]

�� Note: See note under 163.431.

�� 163.434 Provisions applicable to online sexual corruption of a child. (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.

�� (2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.

�� (3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received. [2007 c.876 �4]

�� Note: See note under 163.431.

�� 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:

�� (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or

�� (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or

�� (c) The person engages in oral or anal sexual intercourse with another person under 18 years of age or causes that person to engage in oral or anal sexual intercourse.

�� (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 �117; 2017 c.318 �7]

�� 163.440 [Repealed by 1971 c.743 �432]

�� 163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age.

�� (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 �118; 2017 c.318 �8]

�� 163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, �correctional facility� has the meaning given that term in ORS 162.135. [2005 c.488 �2]

�� 163.450 [Repealed by 1971 c.743 �432]

�� 163.452 Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person:

�� (a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:

�� (A) In the custody of a law enforcement agency following arrest;

�� (B) Confined or detained in a correctional facility;

�� (C) Participating in an adult in custody or offender work crew or work release program; or

�� (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

�� (b) Is employed by or under contract with the state or local agency that:

�� (A) Employs the officer who arrested the other person;

�� (B) Operates the correctional facility in which the other person is confined or detained;

�� (C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

�� (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

�� (2) Consent of the other person to sexual intercourse, oral or anal sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.

�� (3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

�� (4) Custodial sexual misconduct in the first degree is a Class C felony. [2005 c.488 �3; 2017 c.318 �9; 2019 c.213 �41]

�� 163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person:

�� (a) Engages in sexual contact with another person knowing that the other person is:

�� (A) In the custody of a law enforcement agency following arrest;

�� (B) Confined or detained in a correctional facility;

�� (C) Participating in an adult in custody or offender work crew or work release program; or

�� (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

�� (b) Is employed by or under contract with the state or local agency that:

�� (A) Employs the officer who arrested the other person;

�� (B) Operates the correctional facility in which the other person is confined or detained;

�� (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

�� (2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.

�� (4) Custodial sexual misconduct in the second degree is a Class A misdemeanor. [2005 c.488 �4; 2019 c.213 �42]

�� 163.455 [1971 c.743 �119; repealed by 1983 c.546 �1]

�� 163.460 [Repealed by 1971 c.743 �432]

�� 163.465 Public indecency. (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

�� (a) An act of sexual intercourse;

�� (b) An act of oral or anal sexual intercourse;

�� (c) Masturbation; or

�� (d) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

�� (2)(a) Public indecency is a Class A misdemeanor.

�� (b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693. [1971 c.743 �120; 1999 c.962 �1; 2005 c.434 �1; 2017 c.318 �10; 2019 c.65 �1; 2023 c.198 �1]

�� 163.466 Classification of felony public indecency. The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 �3]

�� Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.467 Private indecency. (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

�� (a) The person is in a place where another person has a reasonable expectation of privacy;

�� (b) The person is in view of the other person;

�� (c) The exposure reasonably would be expected to alarm or annoy the other person; and

�� (d) The person knows that the other person did not consent to the exposure.

�� (2) Private indecency is a Class A misdemeanor.

�� (3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

�� (4) For purposes of this section, �place where another person has a reasonable expectation of privacy� includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 �2]

�� 163.470 [Repealed by 1971 c.743 �432]

�� 163.472 Unlawful dissemination of an intimate image. (1) A person commits the crime of unlawful dissemination of an intimate image if:

�� (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct;

�� (b) The person knows or reasonably should have known that the other person does not consent to the disclosure;

�� (c) The other person is harassed, humiliated or injured by the disclosure; and

�� (d) A reasonable person would be harassed, humiliated or injured by the disclosure.

�� (2)(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor.

�� (b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.

�� (3) As used in this section:

�� (a) �Disclose� includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.

�� (b) �Image� includes, but is not limited to, the following, regardless of the manner in which the image is stored:

�� (A) A photograph, film, videotape, recording, digital picture or other visual reproduction.

�� (B) A digitally created, manipulated or altered depiction that is reasonably realistic.

�� (c) �Information content provider� has the meaning given that term in 47 U.S.C. 230(f).

�� (d) �Interactive computer service� has the meaning given that term in 47 U.S.C. 230(f).

�� (e) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (f) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (4) This section does not apply to:

�� (a) Activity by law enforcement agencies investigating and prosecuting criminal offenses;

�� (b) Legitimate medical, scientific or educational activities;

�� (c) Legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system;

�� (d) The reporting of unlawful conduct to a law enforcement agency;

�� (e) Disclosures that serve a lawful public interest;

�� (f) Disclosures of images:

�� (A) Depicting the other person voluntarily displaying, in a public area, the other person�s intimate parts or engaging in sexual conduct; or

�� (B) Originally created for a commercial purpose with the consent of the other person; or

�� (g) The provider of an interactive computer service for an image of intimate parts provided by an information content provider. [2015 c.379 �1; 2017 c.318 �11; 2019 c.304 �1; 2024 c.42 �4; 2025 c.116 �1]

�� Note: 163.472 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.475 [1975 c.176 �2; 1977 c.822 �1; repealed by 1981 c.892 �98]

�� 163.476 Unlawfully being in a location where children regularly congregate. (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:

�� (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;

�� (B) Has been classified as a level three sex offender under ORS 163A.100 (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person�s supervisory authority or supervising officer to be in or upon the specific premises;

�� (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or

�� (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

�� (b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.

�� (2) As used in this section:

�� (a) �Premises where persons under 18 years of age regularly congregate� means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.

�� (b) �Sex crime� has the meaning given that term in ORS 163A.005.

�� (3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 �1; 2013 c.708 �12; 2015 c.820 ��17,24; 2017 c.442 �34; 2019 c.430 ��5,9]

�� Note: 163.476 and 163.479 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.477 [1979 c.706 �3; repealed by 1985 c.557 �10]

�� 163.479 Unlawful contact with a child. (1) A person commits the crime of unlawful contact with a child if the person:

�� (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;

�� (B) Has been classified as a level three sex offender under ORS 163A.100 (3);

�� (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or

�� (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

�� (b) Knowingly contacts a child with the intent to commit a crime or for the purpose of arousing or satisfying the sexual desires of the person or another person.

�� (2) As used in this section:

�� (a) �Child� means a person under 18 years of age.

�� (b) �Contact� means to communicate in any manner.

�� (c) �Sex crime� has the meaning given that term in ORS 163A.005.

�� (3) Unlawful contact with a child is a Class C felony. [2005 c.811 �2; 2013 c.708 �13; 2015 c.820 ��18,25; 2017 c.442 �35; 2019 c.430 ��6,10]

�� Note: See note under 163.476.

�� 163.480 [Amended by 1963 c.406 �1; repealed by 1971 c.743 �432]

�� 163.483 [1979 c.706 �2; 1983 c.740 �30; repealed by 1985 c.557 �10]

�� 163.485 [1979 c.706 �4; repealed by 1985 c.557 �10]

�� 163.490 [Repealed by 1971 c.743 �432]

�� 163.495 [1979 c.706 �5; 1987 c.158 �25; 1987 c.864 �14; renumbered 163.676 in 1987]

�� 163.500 [Repealed by 1971 c.743 �432]

OFFENSES AGAINST FAMILY

�� 163.505 Definitions for certain provisions of ORS 163.505 to 163.575. As used in ORS 163.505 to 163.575, unless the context requires otherwise:

�� (1) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (2) �Descendant� includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children.

�� (3) �Precursor substance� has the meaning given that term in ORS 475.940.

�� (4) �Support� includes, but is not limited to, necessary and proper shelter, food, clothing, medical attention and education. [1971 c.743 �170; 2005 c.708 �3]

�� 163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

�� (2) Bigamy is a Class C felony. [1971 c.743 �171]

�� 163.525 Incest. (1) A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.

�� (2) Incest is a Class C felony. [1971 c.743 �172; 2017 c.318 �12]

�� 163.535 Abandonment of a child. (1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it.

�� (2) Abandonment of a child is a Class C felony.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017. [1971 c.743 �173; 2001 c.597 �2]

�� 163.537 Buying or selling a person under 18 years of age. (1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.

�� (2) Subsection (1) of this section does not:

�� (a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.281.

�� (b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child�s other parent.

�� (c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS chapter 418.

�� (d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.

�� (e) Apply to fees for services pursuant to a gestational surrogacy agreement.

�� (f) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.

�� (3) Buying or selling a person under 18 years of age is a Class B felony. [1997 c.561 �2; 2025 c.592 �78]

�� 163.545 Child neglect in the second degree. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

�� (2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 �174; 1991 c.832 �2]

�� 163.547 Child neglect in the first degree. (1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:

�� (A) In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475C.009 are being criminally delivered or manufactured;

�� (B) In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract as defined in ORS 475C.009 is being processed, if the premises have not been licensed under ORS 475C.085;

�� (C) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:

�� (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

�� (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885; or

�� (D) In or upon premises that have been determined to be not fit for use under ORS 453.855 to

ORS 166.450

166.450, 166.460 and 166.470, is guilty of a Class B felony. [Amended by 1979 c.779 �5; 1987 c.320 �89; 1989 c.839 �23; 1995 c.729 �7; 2001 c.666 ��34,46; 2003 c.14 ��66,67; 2003 c.614 �9]

�� 166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section:

�� (a) �Antique firearm� has the meaning given that term in 18 U.S.C. 921;

�� (b) �Department� means the Department of State Police;

�� (c) �Firearm� has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;

�� (d) �Firearms transaction record� means the firearms transaction record required by 18 U.S.C. 921 to 929;

�� (e) �Firearms transaction thumbprint form� means a form provided by the department under subsection (11) of this section;

�� (f) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;

�� (g) �Purchaser� means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and

�� (h) �Unfinished frame or receiver� has the meaning given that term in ORS 166.210.

�� (2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:

�� (a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505.

�� (b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.

�� (c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer�s copy of the firearms transaction record to be filed with that copy.

�� (d) The gun dealer shall, by telephone or computer, verify that the purchaser has a valid permit-to-purchase a firearm issued under ORS 166.505, and request that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:

�� (A) The federal firearms license number of the gun dealer;

�� (B) The business name of the gun dealer;

�� (C) The place of transfer;

�� (D) The name of the person making the transfer;

�� (E) The make, model, caliber and manufacturer�s number of the firearm being transferred or a description of the unfinished frame or receiver being transferred;

�� (F) The name and date of birth of the purchaser;

�� (G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and

�� (H) The type, issuer and identification number of the identification presented by the purchaser.

�� (e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.

�� (f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.

�� (3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer�s telephone call or by return call:

�� (A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and

�� (B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.

�� (b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.

�� (c) The dealer may not transfer the firearm or unfinished frame or receiver unless the dealer receives a unique approval number from the department and, within 48 hours of completing the transfer, the dealer shall notify the state that the transfer to the permit holder was completed.

�� (4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

�� (A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

�� (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

�� (b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.

�� (c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.

�� (5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.

�� (6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.

�� (7)(a) The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm or unfinished frame or receiver purchased by a permit holder, which must be attached to the electronic record of the permit stored by the department. The department may develop a system for removal of the information in subsection (2)(d)(E) of this section, upon proof of sale or transfer of the firearm or unfinished frame or receiver to another permit holder and for recording of the information to reflect the transfer of ownership to the permit of the new owner.

�� (b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.

�� (c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted transfer, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the purchaser resides.

�� (d) If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department shall report the attempted transfer to the purchaser�s supervising officer and the district attorney of the county in which the conviction occurred.

�� (e) If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.

�� (f) If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.

�� (g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

�� (h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney�s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.

�� (i) The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:

�� (A) The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS 166.250 (1)(c), arranged by category of prohibition;

�� (B) The number of reports made pursuant to paragraph (c) of this subsection;

�� (C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and

�� (D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.

�� (8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms and unfinished frames or receivers with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.

�� (9) When a firearm is delivered, it shall be unloaded.

�� (10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:

�� (a) The design of the firearms transaction thumbprint form;

�� (b) The maintenance of a procedure to correct errors in the criminal records of the department;

�� (c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and

�� (d) The creation and maintenance of a database of the business hours of gun dealers.

�� (11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

�� (12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.

�� (13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 or 166.438 and may charge a reasonable fee for providing the service.

�� (b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm or unfinished frame or receiver and the dealer has received a unique approval number from the department indicating successful completion of the background check.

�� (14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d) of this section, or prior to receiving a unique approval number from the department based on the criminal background check in violation of subsection (3)(c) of this section, is a Class A misdemeanor. [1995 c.729 �1; 2001 c.900 �25; 2009 c.595 �114; 2009 c.826 �17; 2015 c.50 �4; 2018 c.5 �4; 2018 c.120 �15; 2023 c.1 �6; 2023 c.229 �7]

�� Note: Section 10, chapter 1, Oregon Laws 2023, provides:

�� Sec. 10. ORS 166.503, 166.505 and 166.508 and the amendments to ORS 166.412, 166.435, 166.436 and 166.438 by sections 6 to 9, chapter 1, Oregon Laws 2023, apply to firearm transfers conducted on or after March 15, 2026. [2023 c.1 �10; 2025 c.594 �6]

�� Note: See second note under 166.355.

�� Note: 166.412 to 166.421 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: See third note under 166.355.

�� Note: See fourth note under 166.355.

�� 166.414 Fees for conducting criminal history record checks. (1) The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS

ORS 169.005

169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 �3; 2015 c.629 �32]

�� Note: See note under 164.160.

MONEY LAUNDERING

�� 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person:

�� (a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the transaction is designed in whole or in part to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law;

�� (b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law; or

�� (c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

�� (A) Promote the carrying on of unlawful activity;

�� (B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

�� (C) Avoid a transaction reporting requirement under federal law.

�� (2)(a) Laundering a monetary instrument is a Class B felony.

�� (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

�� (3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant�s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant�s subsequent statements or actions indicate that the defendant believed the representations to be true.

�� (4) For purposes of subsection (1)(c) of this section, �represented� includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

�� (5) As used in this section:

�� (a) �Conducts� includes initiating, concluding or participating in the initiation or conclusion of a transaction.

�� (b) �Federal officer� has the meaning given that term in ORS 133.005.

�� (c) �Financial institution� has the meaning given that term in ORS 706.008.

�� (d) �Financial transaction� means a transaction involving:

�� (A) The movement of funds by wire or other means;

�� (B) One or more monetary instruments;

�� (C) The transfer of title to any real property, vehicle, vessel or aircraft; or

�� (D) The use of a financial institution.

�� (e) �Monetary instrument� means:

�� (A) Coin or currency of the United States or of any other country, traveler�s checks, personal checks, bank checks, cashier�s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

�� (B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

�� (f) �Peace officer� has the meaning given that term in ORS 133.005.

�� (g) �Transaction� includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

�� (h) �Unlawful activity� means any act constituting a felony under state, federal or foreign law. [1999 c.878 �1]

�� Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

�� (a) Constitutes, or is derived from, the proceeds of unlawful activity;

�� (b) Is of a value greater than $10,000; and

�� (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

�� (2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

�� (3) As used in this section:

�� (a) �Financial transaction� has the meaning given that term in ORS 164.170. �Financial transaction� does not include any transaction necessary to preserve a person�s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

�� (b) �Unlawful activity� has the meaning given that term in ORS 164.170. [1999 c.878 �2]

�� Note: See note under 164.170.

�� 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 �3]

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

�� 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

�� (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

�� (2) �Dwelling� means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

�� (3) �Enter or remain unlawfully� means:

�� (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

�� (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

�� (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

�� (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

�� (4) �Open to the public� means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

�� (5) �Person in charge� means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. �Person in charge� includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

�� (6) �Premises� includes any building and any real property, whether privately or publicly owned. [1971 c.743 �135; 1983 c.740 �33; 1999 c.1040 �10; 2003 c.444 �1; 2015 c.10 �1]

�� 164.210 [Repealed by 1971 c.743 �432]

�� 164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

�� (2) Burglary in the second degree is a Class C felony. [1971 c.743 �136; 1993 c.680 �24]

�� 164.220 [Repealed by 1971 c.743 �432]

�� 164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

�� 164.230 [Repealed by 1971 c.743 �432]

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

�� 164.250 [Repealed by 1971 c.743 �432]

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

�� 164.260 [Repealed by 1971 c.743 �432]

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

�� 164.330 [Repealed by 1971 c.743 �432]

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

�� 164.340 [Repealed by 1971 c.743 �432]

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

�� 164.350 [Repealed by 1971 c.743 �432]

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

�� 164.360 [Repealed by 1971 c.743 �432]

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

�� 164.370 [Repealed by 1971 c.743 �432]

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

�� (i) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

�� (m) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

�� 164.380 [Repealed by 1971 c.743 �432]

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

�� 164.410 [Repealed by 1971 c.743 �432]

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

�� 164.420 [Repealed by 1971 c.743 �432]

�� 164.430 [Repealed by 1971 c.743 �432]

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

�� 164.450 [Repealed by 1971 c.743 �432]

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

�� 164.480 [Repealed by 1971 c.743 �432]

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

�� 164.510 [Repealed by 1971 c.743 �432]

�� 164.520 [Repealed by 1971 c.743 �432]

�� 164.530 [Repealed by 1971 c.743 �432]

�� 164.540 [Repealed by 1971 c.743 �432]

�� 164.550 [Repealed by 1971 c.743 �432]

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

�� 164.560 [Repealed by 1971 c.743 �432]

�� 164.570 [Repealed by 1971 c.743 �432]

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

�� 164.590 [Repealed by 1971 c.743 �432]

�� 164.610 [Repealed by 1971 c.743 �432]

�� 164.620 [Repealed by 1971 c.743 �432]

�� 164.630 [Repealed by 1971 c.743 �432]

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

�� 164.640 [Repealed by 1971 c.743 �432]

�� 164.650 [Repealed by 1971 c.743 �432]

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

�� 164.680 [Repealed by 1971 c.743 �432]

�� 164.690 [Repealed by 1971 c.743 �432]

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

�� 164.720 [Repealed by 1971 c.743 �432]

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

�� 164.740 [Repealed by 1971 c.743 �432]

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

�� 164.810 [Repealed by 1971 c.743 �432]

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 18.618

18.618 (1)(b), the landlord that delivered the security deposit or prepaid rent to the garnishor shall allow the tenant at least 30 days after a copy of the garnishee response required by ORS 18.680 is delivered to the tenant under ORS 18.690 to restore the security deposit or prepaid rent. If the tenant fails to restore a security deposit or prepaid rent under the provisions of this paragraph before the tenancy terminates, and the landlord retains no security deposit or prepaid rent from the tenant after the garnishment, the landlord is not required to refund or account for the security deposit or prepaid rent under subsection (11) of this section.

�� (18) This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 �4; 1995 c.559 �12; 1997 c.577 �13; 1999 c.603 �15; 2001 c.596 �31; 2003 c.658 �3; 2005 c.391 �3; 2007 c.496 �7; 2007 c.906 �37; 2009 c.431 �12; 2010 c.28 �5; 2011 c.42 �4; 2011 c.510 �5; 2013 c.294 �7; 2015 c.217 �16; 2019 c.625 �51; 2023 c.296 �4]

�� 90.302 Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies. (1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement.

�� (2) A landlord may charge a tenant a fee for each occurrence of the following:

�� (a) A late rent payment, pursuant to ORS 90.260.

�� (b) A dishonored check, pursuant to ORS 30.701 (5). The amount of the fee may not exceed the amount described in ORS 30.701 (5) plus any amount that a bank has charged the landlord for processing the dishonored check.

�� (c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 or under ORS 105.836 to 105.842 and 476.725.

�� (d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530.

�� (e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (2), 90.472 or 90.475. If the landlord assesses a fee under this paragraph:

�� (A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;

�� (B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and

�� (C) ORS 90.410 (3) does not apply to the abandonment or relinquishment.

�� (3)(a) A landlord may charge a tenant a fee under this subsection for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice described in subparagraph (A) of this paragraph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance. The landlord:

�� (A) Shall give a tenant a written warning notice that describes:

�� (i) A specific noncompliance before charging a fee for a second or subsequent noncompliance for the same or similar conduct; and

�� (ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance, that occurs within one year after the warning notice.

�� (B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice.

�� (C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent noncompliance within 30 days after the act constituting noncompliance.

�� (D) May terminate a tenancy for a noncompliance consistent with this chapter instead of assessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same noncompliance.

�� (E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period.

�� (b) A landlord may charge a tenant a fee for occurrences of noncompliance with written rules or policies as provided in paragraph (a) of this subsection for the following types of noncompliance:

�� (A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315.

�� (B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.

�� (C) Failure to clean up the waste of a service animal or a companion animal from a part of the premises other than the dwelling unit.

�� (D) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit.

�� (E) Parking violations.

�� (F) The improper use of vehicles within the premises.

�� (G) Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 24 hours after the required warning notice to the tenant.

�� (H) Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 48 hours after the required warning notice to the tenant.

�� (4) A landlord may not be required to account for or return to the tenant any fee.

�� (5) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant any form of liquidated damages, however designated.

�� (6) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1).

�� (7) This section does not apply to:

�� (a) Attorney fees awarded pursuant to ORS 90.255;

�� (b) Applicant screening charges paid pursuant to ORS 90.295;

�� (c) Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law, including the cost to replace a key lost by a tenant;

�� (d) Processing fees charged to the landlord by a credit card company and passed through to the tenant for the use of a credit card by the tenant to make a payment when:

�� (A) The credit card company allows processing fees to be passed through to the credit card holder; and

�� (B) The landlord allows the tenant to pay in cash or by check;

�� (e) A requirement by a landlord in a written rental agreement that a tenant obtain and maintain renter�s liability insurance pursuant to ORS 90.222; or

�� (f) Assessments, as defined in ORS 94.550 and 100.005, for a dwelling unit that is within a homeowners association organized under ORS 94.625 or an association of unit owners organized under ORS 100.405, respectively, if:

�� (A) The assessments are imposed by the association on a landlord who owns a dwelling unit within the association and the landlord passes the assessments through to a tenant of the unit;

�� (B) The assessments are imposed by the association on any person for expenses related to moving into or out of a unit located within the association;

�� (C) The landlord sets forth the assessment requirement in the written rental agreement at the commencement of the tenancy; and

�� (D) The landlord gives a copy of the assessment the landlord receives from the association to the tenant before or at the time the landlord charges the tenant.

�� (8) If a landlord charges a tenant a fee in violation of this section, the tenant may recover twice the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees described in subsection (2) of this section.

�� (9) The landlord may unilaterally amend a rental agreement for a facility subject to ORS 90.505 to 90.850 to impose fees authorized by subsection (3) of this section upon a 90-day written notice to the tenant, except that a marina landlord may not impose a noncompliance fee for parking under subsection (3)(b)(E) of this section. [1995 c.559 �13; 1997 c.577 �14; 1999 c.307 �19; 1999 c.603 �16; 2005 c.391 �18; 2009 c.431 �13; 2009 c.591 �11; 2013 c.294 �8; 2015 c.388 �3; 2016 c.53 �4; 2019 c.625 �37]

LANDLORD RIGHTS AND OBLIGATIONS

�� 90.303 Evaluation of applicant. (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action:

�� (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application.

�� (b) Resulted in a general judgment against the applicant that was:

�� (A) Entered five or more years before the applicant submits the application; or

�� (B) Entered on claims that arose on or after April 1, 2020, and before March 1, 2022.

�� (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and:

�� (a) The applicant was convicted of the charges; or

�� (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges.

�� (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is:

�� (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

�� (b) A person crime;

�� (c) A sex offense;

�� (d) A crime involving financial fraud, including identity theft and forgery; or

�� (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

�� (A) Property of the landlord or a tenant; or

�� (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord�s agent.

�� (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient.

�� (5) When evaluating an applicant, a landlord may not consider an applicant�s unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022.

�� (6) When evaluating an applicant, a landlord may not:

�� (a) Inquire about the immigration or citizenship status of an applicant or a member of the applicant�s household; or

�� (b) Reject an application because an applicant or a member of the applicant�s household does not produce a Social Security number or prove lawful presence in the United States, provided that the applicant agrees to provide identification as provided in ORS 90.306. [2013 c.294 �3; 2019 c.268 �1; 2021 c.39 �8; 2021 c.577 �2; 2025 c.226 �4]

�� Note: The amendments to 90.303 by section 10, chapter 39, Oregon Laws 2021, become operative January 2, 2028. See section 12, chapter 39, Oregon Laws 2021. The text that is operative on and after January 2, 2028, including amendments by section 5, chapter 226, Oregon Laws 2025, is set forth for the user�s convenience.

�� 90.303. (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action:

�� (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application.

�� (b) Resulted in a general judgment against the applicant that was entered five or more years before the applicant submits the application.

�� (a) The applicant was convicted of the charges; or

�� (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges.

�� (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is:

�� (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

�� (b) A person crime;

�� (c) A sex offense;

�� (d) A crime involving financial fraud, including identity theft and forgery; or

�� (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

�� (A) Property of the landlord or a tenant; or

�� (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord�s agent.

�� (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient.

�� (5) When evaluating an applicant, a landlord may not:

�� (a) Inquire about the immigration or citizenship status of an applicant or a member of the applicant�s household; or

�� 90.304 Statement of reasons for denial; remedy. (1) If a landlord denies an application after the landlord�s application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial.

�� (2) The landlord�s statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off. The reasons may include, but are not limited to, the following:

�� (a) Rental information, including:

�� (A) Negative or insufficient reports from references or other sources.

�� (B) An unacceptable or insufficient rental history, such as the lack of a reference from a prior landlord.

�� (C) A prior action for possession under ORS 105.100 to 105.168 that resulted in a general judgment for the plaintiff or an action for possession that has not yet resulted in dismissal or general judgment.

�� (D) Inability to verify information regarding a rental history.

�� (b) Criminal records, including:

�� (A) An unacceptable criminal history.

�� (B) Inability to verify information regarding criminal history.

�� (c) Financial information, including:

�� (A) Insufficient income.

�� (B) Negative information provided by a consumer credit reporting agency.

�� (C) Inability to verify information regarding credit history.

�� (d) Failure to meet other written screening or admission criteria.

�� (e) The dwelling unit has already been rented.

�� (3) The statement of reasons for denial must include:

�� (a) The name and address of any tenant screening companies or consumer credit reporting agencies that provided a report upon which the denial is based, if not previously disclosed to the applicant;

�� (b) Any supplemental evidence provided by the applicant that the landlord considered and an explanation of the reasons that the supplemental evidence did not adequately compensate for the factors that informed the landlord�s decision to reject the application; and

�� (c) A right of the applicant to appeal the determination, if any right to appeal exists.

�� (4) Except as provided in subsection (3)(a) of this section, a landlord need not disclose the results of an applicant screening or report to an applicant, with respect to information that is not required to be disclosed under the federal Fair Credit Reporting Act. A landlord may give to an applicant a copy of that applicant�s consumer report, as defined in the Fair Credit Reporting Act.

�� (5) Before denying an application for housing on the basis of criminal history, a landlord must:

�� (a) Provide an opportunity for the applicant to submit supplemental evidence to explain, justify or negate the relevance of potentially negative information.

�� (b) Conduct an individualized assessment of the applicant, including any supplemental evidence, taking into consideration:

�� (A) The nature and severity of the incidents that would lead to a denial;

�� (B) The number and type of incidents;

�� (C) The time that has elapsed since the date the incidents occurred; and

�� (D) The age of the individual at the time the incidents occurred.

�� (6) If a landlord fails to comply with this section, the applicant may recover from the landlord $100. [2005 c.391 �31; 2021 c.577 �3]

�� 90.305 Disclosure of certain matters; retention of rental agreement; inspection of agreement. (1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

�� (a) The person authorized to manage the premises; and

�� (b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

�� (2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

�� (3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.

�� (4)(a) A landlord shall retain a copy of each rental agreement at the resident manager�s office or at the address provided to the tenant under subsection (1)(a) of this section.

�� (b) A tenant may request to see the rental agreement and, within a reasonable time, the landlord shall make the agreement available for inspection. At the request of the tenant and upon payment of a reasonable charge, not to exceed the lesser of 25 cents per page or the actual copying costs, the landlord shall provide the tenant with a copy of the rental agreement. This subsection shall not diminish the landlord�s obligation to furnish the tenant an initial copy of the rental agreement and any amendments under ORS 90.220 (3). [Formerly 91.765; 1993 c.369 �5; 1999 c.603 �17; 2003 c.378 �11]

�� 90.306 Prohibition on inquiring into or discriminating based upon immigration or citizenship status; acceptable identification documents. Except as required by a federal program that provides rent subsidies or affordable rents:

�� (1) A landlord may not inquire about the immigration or citizenship status of an applicant, a tenant or a member of an applicant�s or a tenant�s household.

�� (2) If a landlord requires verification of the identity of an applicant or tenant, the landlord shall accept any of the following, or any combination thereof, necessary to verify an applicant�s name, date of birth and physical appearance:

�� (a) A Social Security card or evidence of a Social Security number;

�� (b) A certified copy of a record of live birth;

�� (c) A permanent resident card issued by the United States Citizenship and Immigration Services;

�� (d) An immigrant or nonimmigrant visa;

�� (e) An individual taxpayer identification number card issued by the Internal Revenue Service;

�� (f) A passport, driver license or other government-issued identification, regardless of expiration date; or

�� (g) Any nongovernment identification or combination of identifications that would permit a reasonable verification of identity.

�� (3) A landlord may not discriminate against an applicant, a tenant or a member of an applicant�s or a tenant�s household on the basis of actual or perceived immigration or citizenship status. [2025 c.226 �2]

�� Note: 90.306 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.308 Disclosure to potential tenants of affordability restriction termination date; form of notice. If a dwelling unit is subject to an affordability restriction, as defined in ORS

ORS 195.505

195.505.

�� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

�� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

�� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

�� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

�� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

�� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

�� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

�� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

�� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

�� Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 195.850 Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 �13b]

�� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

�� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

�� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

�� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

�� (A) The application is deemed complete under paragraph (a) of this subsection;

�� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

�� (C) The applicant states that no additional materials are forthcoming.

�� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

�� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

�� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

�� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

�� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

�� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

�� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

�� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

�� Note: 195.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

�� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

�� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

�� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

�� (2) A battery-charged fence:

�� (a) Must use a battery that is not more than 12 volts of direct current;

�� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

�� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

�� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

�� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

�� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

�� (a) Prohibits the installation or use of a battery-charged fence.

�� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

�� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

�� Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

�� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

�� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

�� Note: 195.900 and 195.902 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

�� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

�� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

�� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

�� (d) �Person� means a developer, owner or operator.

�� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

�� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

�� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

�� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

�� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

�� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

�� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

�� (A) Within 24 months from the date the administration issues its determination;

�� (B) If applicable, within 24 months from the later of:

�� (i) The date the administration issues its determination; or

�� (ii) The date the commission issues its approval; or

�� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

�� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

�� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

�� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

�� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

�� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

�� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

�� Note: See notes under 195.900.

�� 195.912 Local review of transmission line upgrade. (1) As used in this section:

�� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

�� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

�� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

�� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

�� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

�� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

�� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

�� (d) Does not include:

�� (A) Adding additional transmission lines or substations; or

�� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

�� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

�� (a) May be subject only to clear and objective standards, conditions and procedures;

�� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

�� (c) Is not a land use decision, as defined in ORS 197.015;

�� (d) May not be subject to a public hearing; and

�� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

�� Note: 195.912 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 198.866

198.866 and 198.867, or at an election on merger or consolidation called under ORS 198.903.

�� (2) The following provisions of ORS 478.225 (4) apply to an election on annexation, merger or consolidation when the question of establishing subdistricts is submitted at that election:

�� (a) The requirements applicable to the ballot title.

�� (b) The provision for a map of the proposed subdistrict boundaries. [1983 c.350 �286c]

�� 478.235 [1979 c.364 �5; repealed by 1983 c.350 �331a]

�� 478.240 Special elections; electors. (1) At any regular meeting, the district board may call a special election.

�� (2) In any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of property located within the district may vote, and the authorized officer or representative of any corporation owning land in the district may vote for the corporation landowner. [Amended by 1969 c.667 �15; 1971 c.647 �112; 1973 c.618 �2; 1983 c.83 �96; 1983 c.350 �290]

�� 478.245 [1955 c.617 �1; repealed by 1969 c.325 �4 and 1969 c.667 �70]

�� 478.250 Meetings and officers of board. (1) The district board shall hold meetings at such time and place within the district as it determines. It shall hold at least one regular meeting in each month on a day fixed by the board, and may hold special meetings under such rules as it may make.

�� (2) At the organizational meeting the board shall choose from the members a president, vice president, secretary and a treasurer. The board may choose as secretary and treasurer the same person. Officers shall hold their offices until the first regular meeting in July following or until their successors are elected and qualified. They shall have the powers and perform the duties usual in such cases. In the absence of the president, the vice president or, in the absence of both, any other member of the board may preside at any meeting.

�� (3) The board shall transact all business pertinent to the establishment, equipment and maintenance of the district and its properties. [Amended by 1969 c.344 �7; 1969 c.345 �11; 1969 c.667 ��16,67; 1983 c.192 �1]

�� 478.260 Fire chief; fire department facilities; fire evacuation routes; emergency medical services. (1) The district board shall select a fire chief and assistants and fix their compensation. The fire chief shall be responsible for the equipment and properties of the district. Under the direction of the board, the fire chief shall be responsible for the conduct of the fire department.

�� (2) The board, with advice and counsel of the fire chief, shall select the location of the facilities of the fire department of the district. Such sites shall be chosen with a view to the best service to the residents and properties of the whole district and may be acquired by purchase or exercise of the powers of eminent domain in the manner provided by ORS chapter 35. The board may purchase apparatus and equipment as needed by the district, and provide a water system, ponds or reservoirs for the storage of water for fire-fighting purposes. Or the board may contract with water companies or districts, or both, for water service and facilities at a rate of compensation mutually agreed upon. The board also may divide the district into zones or subdivisions and provide an adequate system or code of fire alarms or signals by telephone, bell, whistle, siren or other means of communication.

�� (3) A district may:

�� (a) Acquire real property or an easement, by purchase or other voluntary agreement, for the purpose of establishing a fire evacuation route.

�� (b) Construct or maintain a fire evacuation route on property:

�� (A) Owned by the district or over which the district has an easement for the purpose of a fire evacuation route; or

�� (B) Owned by a person or governmental entity or over which a person or governmental entity has an easement for the purpose of a fire evacuation route, with authorization from the person or governmental entity.

�� (c) Participate in an agreement related to the construction, maintenance or use of a fire evacuation route.

�� (4) A district may operate or acquire and operate, or contract for the operation of, emergency medical service equipment and vehicles both within and without the boundaries of the district. A district may conduct ambulance operations only in conformance with a county plan adopted under ORS 682.062 for ambulance services and ambulance service areas and with rules of the Oregon Health Authority relating to such services and service areas. Service authorized under a county plan includes authorization for a district to provide ambulance services by intergovernmental agreement with any other unit of local government designated by the plan to provide ambulance services.

�� (5) As used in this section, �ambulance services� has the meaning given that term in ORS

ORS 30.265

30.265 to 30.300, for damages, or both. The court may order such other relief as may be appropriate.

�� (2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

�� (3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 �8; 1995 c.618 �30; 2013 c.768 �102; 2015 c.767 �45]

�� 30.865 [2005 c.544 �1; 2009 c.877 �3; 2013 c.1 �3; renumbered 30.831 in 2019]

�� 30.866 Action for issuance or violation of stalking protective order; attorney fees. (1) A petitioner may bring a civil action in a circuit court for a court�s stalking protective order or for damages, or both, against a respondent if:

�� (a) The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner�s immediate family or household thereby alarming or coercing the petitioner;

�� (b) It is objectively reasonable for a person in the petitioner�s situation to have been alarmed or coerced by the contact; and

�� (c) The repeated and unwanted contact causes the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner�s immediate family or household.

�� (2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court�s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

�� (3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court�s stalking protective order and take other action as provided in ORS 163.738.

�� (b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.

�� (4) The petitioner may recover:

�� (a) Both special and general damages, including damages for emotional distress;

�� (b) Punitive damages; and

�� (c) Reasonable attorney fees and costs.

�� (5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

�� (6) An action under this section must be commenced within two years of the conduct giving rise to the claim.

�� (7) Proof of the claim shall be by a preponderance of the evidence.

�� (8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

�� (9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.

�� (10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent�s ability to possess firearms and ammunition or engage in activities involving firearms.

�� (11) ORS 163.741 applies to protective orders issued under this section.

�� (12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court�s stalking protective order as defined in ORS 163.750. [1993 c.626 �9; 1995 c.353 �6; 1999 c.1052 �4; 2003 c.292 �3; 2015 c.89 �1; 2021 c.274 �1]

�� Note: Definitions for 30.866 are found in 163.730.

�� 30.867 Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees. (1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.

�� (2) Upon prevailing in an action under this section, the plaintiff may recover:

�� (a) Both special and general damages, including damages for emotional distress; and

�� (b) Punitive damages.

�� (3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.

�� (4) An action under this section must be commenced within 10 years after the following, whichever occurs later:

�� (a) The date on which the conduct giving rise to the claim ceases; or

�� (b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age. [2007 c.811 �9; 2023 c.217 �7]

�� 30.868 Civil damages for custodial interference; attorney fees. (1) Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (1)(a):

�� (a) A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (1)(a); or

�� (b) A person whose custodial rights have been interfered with if, by reason of the interference:

�� (A) The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or

�� (B) A defendant in the action has been charged with a violation of ORS 163.257 (1)(a).

�� (2) An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant�s unlawful action under the conviction.

�� (3)(a) For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (1)(a).

�� (b) As used in this subsection, �victim of domestic violence� means an individual against whom domestic violence, as defined in ORS 135.230, 181A.355 or 412.072, has been committed.

�� (4) Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257.

�� (5) A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (1)(a) has occurred.

�� (6) It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant�s violation of ORS 163.257 (1)(a) was necessary to preserve the physical safety of:

�� (a) The defendant;

�� (b) The person who was taken, enticed or kept in violation of ORS 163.257 (1)(a); or

�� (c) The parent or guardian of the person who was taken, enticed or kept in violation of ORS

ORS 332.358

332.358. [2023 c.525 �2]

�� Note: See note under 332.352.

�� 332.356 Carbon dioxide monitors and alarms; rules. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

�� (2) A school district shall ensure that each classroom is equipped with a carbon dioxide monitor that meets applicable standards required for carbon dioxide monitors under the specialty code and that each monitor:

�� (a) Is mounted to a wall between three and six feet above the floor and at least five feet away from doors and operable windows.

�� (b) Displays, at a minimum, carbon dioxide level readings that are readily visible to an individual who is inside the classroom.

�� (c) Provides notification by a visual indicator on the monitor that is made readily visible to an individual who is inside the classroom when carbon dioxide levels in the classroom exceed 1,100 ppm.

�� (d) Maintains a record of previous data, which includes at least the maximum carbon dioxide concentrations measured.

�� (e) Has a range of at least 400 to 5,000 ppm.

�� (f) Is certified by the manufacturer to be accurate within 75 ppm at 1,000 ppm carbon dioxide concentration and is certified by the manufacturer to require calibration no more frequently than once every five years.

�� (3) Qualified testing personnel shall assess whether carbon dioxide monitors meet the requirements of this section and include the assessment in the report submitted to a mechanical engineer under ORS 332.358.

�� (4)(a) If a classroom carbon dioxide concentration alarm setpoint is exceeded for more than 15 minutes more than four times during a month, classroom ventilation rates shall be adjusted or a direct outside airflow intake flow measurement device installed, and its accuracy verified, to ensure that peak carbon dioxide concentrations in the classroom remain below the setpoint.

�� (b) Adjustments shall be performed by qualified adjusting personnel.

�� (c) Each school shall:

�� (A) Record all incidents where the setpoint is breached in a classroom and maintain these records for at least five years.

�� (B) Upon request by a member of the public and free of charge, provide reasonable access to review the records described in subparagraph (A) of this paragraph in the central office of each school facility and in the central administrative office for each school district.

�� (d) Nothing in paragraph (c) of this subsection requires the Department of Education to verify the contents of the records described in paragraph (c) of this subsection.

�� (5) The Department of Education may, by rules adopted under ORS 332.365, adjust the technical requirements for carbon dioxide monitors described in this section based on technological developments and as is consistent with maintaining proper ventilation in classrooms in accordance with any applicable standards set forth by the specialty code. [2023 c.525 �3]

�� Note: See note under 332.352.

�� 332.358 HVAC assessment report; review by mechanical engineer. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

�� (2) A school district shall obtain an HVAC assessment report prepared by qualified testing personnel. The report shall include the results of the ventilation verification assessment carried out under ORS 332.354 and a description of whether carbon dioxide monitors meet the requirements of ORS 332.356.

�� (3) A school district shall ensure that a mechanical engineer reviews the report prepared under subsection (2) of this section. The mechanical engineer shall confirm or adjust the estimated minimum outside air ventilation rates and determine what, if any, additional adjustments, repairs, upgrades or replacements would be necessary to meet the minimum ventilation and filtration requirements of the specialty code, and provide a cost estimate for all recommended work.

�� (4) A school district shall perform the necessary adjustments, repairs, upgrades or replacements recommended by the mechanical engineer under subsection (3) of this section. [2023 c.525 �4]

�� Note: See note under 332.352.

�� 332.360 [Amended by 1957 c.634 �8; renumbered 336.073]

�� 332.361 Contractor requirements for indoor HVAC infrastructure improvements. (1) A school district shall require a contractor carrying out work on projects for indoor HVAC infrastructure improvements under ORS 332.352 to 332.365 to:

�� (a) Participate as a training agent in an apprenticeship program registered with the State Apprenticeship and Training Council to provide on-the-job training opportunities for apprentices in apprenticeable occupations to perform work on the project;

�� (b) Establish and implement a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work on the project with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

�� (c) Pay wages to workers who perform work on the project at a rate that is no less than the prevailing wage rate;

�� (d) Offer employer-paid family health insurance and retirement benefits to workers who perform work on the project;

�� (e) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with federal and state wage and hour laws and applicable prevailing wage rate laws;

�� (f) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with the rules and other requirements of state agencies with oversight regarding occupational safety and health; and

�� (g) Ensure at all times during the duration of the project that work is performed by qualified testing personnel or qualified adjusting personnel as required by ORS 332.352 to 332.365.

�� (2)(a) In lieu of complying with the requirements described under subsection (1) of this section, a contractor may provide the school district with a copy of a project labor agreement and shall be exempted from the requirements described in subsection (1) of this section.

�� (b) As used in this subsection, �project labor agreement� means a project labor agreement as defined in 48 C.F.R. 52.222-34, as in effect on January 1, 2024. [2023 c.525 �5]

�� Note: See note under 332.352.

�� 332.363 HVAC verification report. (1) If a school district completes the work recommended by a mechanical engineer under ORS 332.358, the school district shall, within 30 days of completing the work, submit to the Department of Education an HVAC verification report that includes:

�� (a) The name and address of the school facility and the name and address of the person preparing the report.

�� (b) A description of assessment, maintenance, adjustment, repair, upgrade and replacement activities performed and outcomes, including:

�� (A) The minimum efficiency reporting value of the filtration system.

�� (B) Verification that ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses� offices, restrooms, offices and other occupiable indoor spaces meet the minimum ventilation rate requirements set forth in the specialty code or an explanation of why the current system is unable to meet those requirements.

�� (C) Verified exhaust rates for facility classrooms, auditoriums, gymnasiums, nurses� offices, restrooms, offices and other occupiable indoor spaces and whether those rates meet the requirements of the system design.

�� (D) Documentation of initial operating verifications, adjustments and final operating verifications.

�� (E) Verification that carbon dioxide monitors have been installed and are operating in compliance with ORS 332.356.

�� (F) Verification that work performed satisfies the workforce standards described in ORS 332.361, including providing the names and certification or license numbers of contractors, qualified testing personnel and qualified adjusting personnel.

�� (2) The department shall maintain a copy of the report required under this section for at least five years.

�� (3) The HVAC verification report described in this section is subject to inspection as a public record under ORS 192.311 to 192.478.

�� (4) Nothing in this section requires the department to verify the contents of a HVAC verification report described in this section. [2023 c.525 �6]

�� Note: See note under 332.352.

�� 332.365 Rules. The Department of Education may adopt rules as necessary to carry out ORS 332.352 to 332.365. [2023 c.525 �7]

�� Note: See note under 332.352.

�� 332.370 [Amended by 1957 c.634 �9; renumbered 332.215]

�� 332.375 [1965 c.147 �2; repealed by 1993 c.45 �52]

�� 332.380 [Amended by 1957 c.634 �10; 1963 c.131 �1; renumbered 332.155]

GIFTS

�� 332.385 Gifts for scholarships and loans. If the district school board accepts money and property donated for the purpose of establishing scholarship and loan funds for the post-high-school education of students of the district, then, subject to the conditions of the gift, the board may appoint a scholarship committee which, subject to the rules of the board, shall determine the eligibility of applicants for scholarships and loans, award scholarships and loans and fix the amounts to be awarded and the terms and conditions of the awards. [1965 c.132 �2; 1967 c.67 �4]

�� 332.390 [Repealed by 1953 c.424 �2 (332.085 enacted in lieu of 332.390)]

�� 332.400 [1961 c.570 ��1,2,4,5; renumbered

ORS 339.288

339.288, 339.291 or 339.308.

�� (m) The infliction of corporal punishment on an adult with a developmental disability in violation of ORS 339.250 (9).

�� (2) �Adult� means a person 18 years of age or older:

�� (a) With a developmental disability who is currently receiving services from a community program or facility or who was previously determined eligible for services as an adult by a community program or facility;

�� (b) With a severe and persistent mental illness who is receiving mental health treatment from a community program; or

�� (c) Who is receiving services for a substance use disorder or a mental illness in a facility or a state hospital.

�� (3) �Adult protective services� means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult�s person, property and funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

�� (4) �Caregiver� means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

�� (5) �Community program� includes:

�� (a) A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or

�� (b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.

�� (6) �Facility� means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.

�� (7) �Financial exploitation� means:

�� (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult.

�� (b) Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out.

�� (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult.

�� (d) Failing to use the income or assets of an adult effectively for the support and maintenance of the adult.

�� (8) �Intimidation� means compelling or deterring conduct by threat.

�� (9) �Law enforcement agency� means:

�� (a) Any city or municipal police department;

�� (b) A police department established by a university under ORS 352.121 or 353.125;

�� (c) Any county sheriff�s office;

�� (d) The Oregon State Police; or

�� (e) Any district attorney.

�� (10) �Neglect� means:

�� (a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult;

�� (b) Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or

�� (c) Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult.

�� (11) �Public or private official� means:

�� (a) Physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician, psychologist or chiropractor, including any intern or resident;

�� (b) Licensed practical nurse, registered nurse, nurse�s aide, home health aide or employee of an in-home health service;

�� (c) Employee of the Department of Human Services or Oregon Health Authority, local health department, community mental health program or community developmental disabilities program or private agency contracting with a public body to provide any community mental health service;

�� (d) Peace officer;

�� (e) Member of the clergy;

�� (f) Regulated social worker;

�� (g) Physical, speech or occupational therapist;

�� (h) Information and referral, outreach or crisis worker;

�� (i) Attorney;

�� (j) Licensed professional counselor or licensed marriage and family therapist;

�� (k) Any public official;

�� (L) Firefighter or emergency medical services provider;

�� (m) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state;

�� (n) Personal support worker, as defined in ORS 410.600;

�� (o) Home care worker, as defined in ORS 410.600; or

�� (p) Individual paid by the Department of Human Services to provide a service identified in an individualized service plan of an adult with a developmental disability.

�� (12) �Services� includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.

�� (13)(a) �Sexual abuse� means:

�� (A) Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315;

�� (B) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;

�� (C) Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver;

�� (D) Any sexual contact between an adult and a relative of the adult other than a spouse;

�� (E) Any sexual contact that is achieved through force, trickery, threat or coercion; or

�� (F) Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment.

�� (b) �Sexual abuse� does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult.

�� (14) �Sexual contact� has the meaning given that term in ORS 163.305.

�� (15) �Verbal abuse� means to threaten significant physical or emotional harm to an adult through the use of:

�� (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

�� (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [1991 c.744 �2; 1999 c.463 �7; 2003 c.443 �4; 2007 c.21 �2; 2007 c.70 �236; 2007 c.492 �2; 2009 c.442 �39; 2009 c.595 �524; 2009 c.837 �15; 2011 c.506 �41; 2011 c.703 �35; 2013 c.129 �27; 2013 c.180 �45; 2014 c.45 �48; 2015 c.179 �3; 2015 c.736 �69; 2017 c.17 �38; 2017 c.356 �58; 2018 c.75 �22; 2018 c.77 �2; 2019 c.455 ��5,6; 2021 c.97 �49; 2021 c.251 �3; 2023 c.169 �1; 2024 c.73 �73]

�� Note: 430.735 to 430.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 430.737 Mandatory reports and investigations. The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased investigations of adults with mental illness or developmental disabilities who are allegedly abused. [1991 c.744 �1; 2003 c.443 �1; 2007 c.70 �237]

�� Note: See note under 430.735.

�� 430.738 Privileges not applicable to abuse proceedings. (1) In the case of abuse of an adult, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an adult�s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765.

�� (2) In any judicial proceedings resulting from a report made pursuant to ORS 430.735 to

ORS 419B.010

419B.010 and 419B.015, for all reports of suspected abuse.

�� (2) The licensed administrator who receives a report under subsection (1) of this section shall follow the procedures required by the policies adopted by the school board under ORS 339.372, including:

�� (a) Notifying the Teacher Standards and Practices Commission as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is a commission licensee; and

�� (b) Notifying the Department of Education as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is not a commission licensee.

�� (3)(a) When a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a school employee and there is reasonable cause to support the report, the education provider shall:

�� (A) Place the school employee on paid administrative leave; and

�� (B) Take necessary actions to ensure the student�s safety.

�� (b) A school employee who is placed on paid administrative leave under paragraph (a) of this subsection shall remain on administrative leave until:

�� (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or

�� (ii) Cannot be substantiated or is not a report of abuse and the education provider:

�� (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

�� (II) Determines that an employment policy has not been violated and employment action against the school employee is not required.

�� (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or

�� (ii) Cannot be substantiated or is not a report of sexual conduct and the education provider:

�� (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

�� (II) Determines that an employment policy has not been violated and that employment action against the school employee is not required.

�� (c) When a school employee is placed on paid administrative leave under paragraph (a) of this subsection, the education provider may not require the school employee to use any accrued leave during the paid administrative leave.

�� (4)(a) Except as provided in paragraph (c) of this subsection, when a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a contractor, an agent or a volunteer, the education provider:

�� (A) May immediately prohibit the contractor, agent or volunteer from providing services to the education provider.

�� (B) Shall prohibit the contractor, agent or volunteer from providing services to the education provider if the education provider determines that there is reasonable cause to support a report of abuse or sexual conduct.

�� (b) Except as provided in paragraph (c) of this subsection, an education provider is not required to reinstate a contractor, an agent or a volunteer. Any reinstatement of a contractor, an agent or a volunteer that does occur may not occur until:

�� (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate actions to protect students; or

�� (ii) Cannot be substantiated or is not a report of abuse and the education provider:

�� (I) Takes the appropriate actions to protect students; or

�� (II) Determines that no other actions are required to protect students.

�� (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate actions to protect students; or

�� (ii) Cannot be substantiated or is not a report of sexual conduct and the education provider:

�� (I) Takes the appropriate actions to protect students; or

�� (II) Determines that no other actions are required to protect students.

�� (c) If a contract under which a contractor provides services to an education provider or an agreement under which an agent provides services to an education provider sets forth any negotiated standards for the relationship between the contractor or agent and the education provider, the education provider shall comply with those standards but may not in any instance grant the contractor or agent more rights than granted to a school employee under subsection (3) of this section.

�� (d) Nothing in this subsection:

�� (A) Establishes an employment relationship between an education provider and a contractor or an agent; or

�� (B) Confers onto a contractor or an agent any rights of employment.

�� (5)(a) When a report of suspected abuse or suspected sexual conduct is investigated by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, an education provider may use the findings of the entity that conducted the investigation for the purpose of subsection (3) or (4) of this section and for making any determinations described in subsection (6) of this section.

�� (b) Nothing in this subsection prohibits an education provider from:

�� (A) Conducting an investigation related to a report of suspected abuse or suspected sexual conduct, except that the education provider must:

�� (i) If requested, allow the investigation to be led by an entity identified in paragraph (a) of this subsection, as applicable;

�� (ii) Follow any protocols and procedures of entities identified in paragraph (a) of this subsection that are involved in the investigation; and

�� (iii) Cooperate with the entities identified in paragraph (a) of this subsection that are involved in the investigation, including by:

�� (I) Suspending any investigations of the education provider at the request of the entity; and

�� (II) Sharing information with the entity as provided by subsection (10) of this section.

�� (B) Taking an employment action, based on information available to the education provider, before an investigation conducted by an entity identified in paragraph (a) of this subsection is completed.

�� (6)(a) For each report of suspected abuse or suspected sexual conduct by a school employee, an education provider must determine if:

�� (A) An employment policy of the education provider was violated; and

�� (B) The education provider will take any employment actions, including disciplinary action against the school employee or changes to the employment relationship or duties of the school employee.

�� (b) Determinations made under paragraph (a) of this subsection must be based on the findings of an investigation conducted by:

�� (A) A law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education; or

�� (B) The education provider, if the education provider conducts an investigation.

�� (c) A final determination by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education that a report of suspected abuse or suspected sexual conduct cannot be substantiated or is not a report of abuse or sexual conduct does not:

�� (A) Relieve an education provider of the requirement to make determinations under paragraph (a) of this subsection; or

�� (B) Prohibit an education provider from taking any employment actions against a school employee.

�� (d) Except as provided by paragraph (e) of this subsection, determinations made under paragraph (a) of this subsection must be made:

�� (A) Within 60 calendar days from the date the education provider received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee is a substantiated report; or

�� (B) Within 90 calendar days from the date the education provider:

�� (i) Received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee cannot be substantiated or is not a report of abuse or sexual conduct; or

�� (ii) Received a report of suspected abuse or suspected sexual conduct if the education provider conducts an investigation.

�� (e) The timelines prescribed by paragraph (d) of this subsection may be extended if, for good cause, a longer period of time is necessary. For an education provider that conducts an investigation, good cause may include suspending an investigation as required by subsection (5)(b) of this section.

�� (7) If, in the course of an investigation by an education provider, the education provider becomes aware of new information that gives rise to a reasonable cause to believe that abuse or sexual conduct occurred, the education provider shall ensure that a report is made to a law enforcement agency or the Department of Human Services as required by ORS 419B.010 and 419B.015, the Teacher Standards and Practices Commission or the Department of Education.

�� (8) If, following an investigation, an education provider determines that the education provider will take an employment action, the education provider shall:

�� (a) Inform the school employee of the employment action that will be taken by the education provider.

�� (b) Provide the school employee with information about the appropriate appeal process for the employment action taken by the education provider. The appeal process may be the process provided by a collective bargaining agreement or a process administered by a neutral third party and paid for by the education provider.

�� (c) Following notice of a school employee�s decision not to appeal the employment action of an education provider or following the determination of an appeal that sustained the employment action taken by the education provider, create a record of the findings of the substantiated report and the employment action taken by the education provider and place the record in any documents maintained by the education provider on the school employee. Records created pursuant to this paragraph are confidential and are not public records as defined in ORS 192.311. An education provider may use the record as a basis for providing the information required to be disclosed about a school employee under ORS 339.378 (1).

�� (d) Inform the school employee that information about substantiated reports may be disclosed to a potential employer as provided by ORS 339.378 (1).

�� (9)(a) Notwithstanding the requirements of this section, an education provider that is a private school:

�� (A) May take an employment action in relation to a school employee, a contractor, an agent or a volunteer according to:

�� (i) The provisions of this section; or

�� (ii) The standards and policies of the private school if the standards and policies provide the same or greater safeguards for the protection of students compared to the safeguards described in this section.

�� (B) May follow the procedures described in subsection (8) of this section or may follow any appeals process established by the private school related to suspected abuse or suspected sexual conduct.

�� (b) A private school that chooses to take an employment action or other action in relation to a school employee, a contractor, an agent or a volunteer according to the standards and policies of the private school must provide the information required to be disclosed under ORS 339.378 (1).

�� (10) Upon request from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, in conducting an investigation related to suspected abuse or suspected sexual conduct, an education provider shall immediately provide any requested documents or materials, to the extent allowed by state and federal law, including laws protecting a person from self-incrimination. [Formerly 339.375; 2012 c.92 �4; 2013 c.553 �1; 2019 c.618 �7; 2021 c.151 �7; 2023 c.132 �9]

�� 339.389 Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules. (1) When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of Education may notify, as soon as practicable, any education provider that the Department of Education determines must be notified to ensure the safety of children.

�� (2) When providing notice to an education provider under subsection (1) of this section, the Department of Education:

�� (a) Shall include any information the department determines is necessary to ensure the safety of children, including the name of the school and the name of the person who allegedly committed the suspected abuse.

�� (b) May not disclose the name and address of, or any other identifying information about, the person who made the report of suspected abuse.

�� (3) The Department of Education may provide information related to the notification or report received as described in subsection (1) of this section to the Teacher Standards and Practices Commission if the department determines that:

�� (a) The commission must be notified to ensure the safety of children; and

�� (b) The notification or report involves a person who is licensed by the commission.

�� (4)(a) Notwithstanding ORS 192.311 to 192.478, any information received as provided by this section is not a public record and is not subject to public inspection.

�� (b) Any person or entity who receives information under this section may not release the information, unless as otherwise provided by law.

�� (5) The State Board of Education may adopt rules for the purposes of implementing this section. [2021 c.386 �4]

�� 339.390 Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules. (1)(a) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a commission licensee, the commission shall immediately initiate an investigation.

�� (b) An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the commission.

�� (c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.

�� (2) The commission shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:

�� (a) Issue subpoenas to require the attendance of witnesses or the production of documents;

�� (b) Subpoena witnesses; and

�� (c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).

�� (3)(a) Following the completion of an investigation, the investigator shall report in writing the findings and recommendations to the executive director of the Teacher Standards and Practices Commission. The executive director or the executive director�s designee shall forward to the commission the report for any investigation that concluded that a violation occurred.

�� (b) If, based on the findings, the executive director believes there is an immediate threat to a student, the executive director shall request that the commission meet in executive session.

�� (4) The executive director or the investigator shall report in writing the findings and recommendations to impose disciplinary sanctions to the commission. The commission shall decide if there is sufficient cause to justify holding a hearing under ORS 342.177.

�� (5) If the commission finds that there is sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:

�� (a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;

�� (b) The student and, if applicable, the student�s parents;

�� (c) The education provider; and

�� (d) The person who provided the report of suspected sexual conduct.

�� (6) If there is not sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:

�� (a) The person charged;

�� (b) The student and, if applicable, the student�s parents;

�� (c) The education provider; and

�� (d) The person who provided the report of suspected sexual conduct.

�� (7)(a) The documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection:

�� (A) Unless the commission makes a final determination to discipline a commission licensee, as provided under ORS 342.175.

�� (B) Except as provided by paragraphs (b) to (d) of this subsection.

�� (b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) or (d) of this subsection only as provided by this subsection and rules adopted by the commission. The entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (c) To the extent allowed by state and federal law, the commission shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to:

�� (A) A law enforcement agency or the Department of Human Services for the purpose of conducting an investigation under ORS 419B.005 to 419B.050; or

�� (B) The Department of Education for the purpose of conducting an investigation under ORS 339.391.

�� (d)(A) The commission shall make available the commission�s investigative report to:

�� (i) An education provider for the purpose of the education provider taking any disciplinary actions or making changes in the employment relationship or duties of the commission licensee; and

�� (ii) The commission licensee who is the subject of the report.

�� (B) The commission must redact the executive director�s recommendation from the report made available under this paragraph.

�� (C) A commission licensee who receives a report under this paragraph may share the report with the person�s attorney or union representative. An attorney or union representative who receives a report under this subparagraph must maintain the report�s confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (e) The commission shall retain documents and materials related to any report received under this section, regardless of whether the commission found sufficient cause to justify holding a hearing under this section.

�� (8) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section in executive session. The provisions of ORS 192.660 (4) apply to executive sessions held pursuant to this subsection.

�� (9) The commission shall adopt any rules necessary for the administration of this section, including a process to appeal the findings of the commission under this section. [2019 c.618 �23; 2021 c.391 ��3,3a; 2023 c.131 �4]

�� 339.391 Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules. (1)(a) When the Department of Education receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee, the department shall immediately initiate an investigation. The department may investigate and make a final determination for any person who provided services as a school employee, a contractor, an agent or a volunteer within two calendar years prior to when the suspected sexual conduct was committed.

�� (b) An investigation and final determination related to the report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the department.

�� (c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if the department determines that, for good cause, a longer period of time is necessary.

�� (2) The department shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:

�� (a) Issue subpoenas to require the attendance of witnesses or the production of documents;

�� (b) Subpoena witnesses; and

�� (c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).

�� (3)(a) Following the completion of an investigation, the Department of Education shall notify:

�� (A) The person charged;

�� (B) The student, the student�s parents or legal guardians, or both the student and the student�s parents or legal guardians; and

�� (C) The education provider.

�� (b) The notification required under paragraph (a) of this subsection shall include the following information as allowed by state and federal law:

�� (A) The statutory authority of the department to conduct the investigation;

�� (B) The procedural background for the investigation;

�� (C) The legal standards and arguments used for the investigation;

�� (D) The department�s findings of fact from the investigation;

�� (E) The department�s final determination based on the investigation; and

�� (F) The right to an appeal, as provided by subsection (5) of this section.

�� (c) Following the completion of an investigation, the department shall:

�� (A) Inform the person who provided the report of suspected sexual conduct, if known by the department, whether the department found that the report:

�� (i) Is a substantiated report;

�� (ii) Cannot be substantiated; or

�� (iii) Is not a report of sexual conduct.

�� (B) For a substantiated report only, inform a regulatory board that the department found that the report is substantiated, if the regulatory board:

�� (i) Is not the Teacher Standards and Practices Commission; and

�� (ii) The department knows that the regulatory board licensed, registered, certified or otherwise authorized the school employee, contractor, agent or volunteer to practice a profession or to provide professional services.

�� (4)(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, the documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection.

�� (b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) of this subsection, or in the manner described in subsection (3) of this section, only as provided by this section and by rules adopted by the State Board of Education. The person or entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (c) To the extent allowed by state and federal law, the department shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to:

�� (A) A law enforcement agency or the Department of Human Services if necessary to conduct an investigation under ORS 419B.005 to 419B.050;

�� (B) The Teacher Standards and Practices Commission if necessary for the commission to conduct an investigation under ORS 339.390 or 342.176; and

�� (C) An education provider if necessary for the education provider to take any disciplinary action or changes in the employment relationship or duties of the school employee, contractor, agent or volunteer.

�� (d) The Department of Education shall retain documents and materials related to any report received under this section for a period of 75 years.

�� (5) A person who is the subject of an investigation under this section may appeal a final determination that the report related to the investigation is a substantiated report as a contested case under ORS chapter 183.

�� (6) The State Board of Education shall adopt any rules necessary for the administration of this section. [2019 c.618 �32; 2021 c.151 �9; 2021 c.386 �2; 2023 c.131 �1; 2023 c.570 �10; 2025 c.111 �3]

�� 339.392 Prohibitions against certain agreements and contracts. (1) An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that:

�� (a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct;

�� (b) Has the effect of suppressing information relating to a substantiated report of abuse or sexual conduct by a current or former school employee, contractor, agent or volunteer;

�� (c) Affects the duties of the education provider to report suspected abuse or suspected sexual conduct or to discipline a current or former school employee, contractor, agent or volunteer for a substantiated report of abuse or sexual conduct;

�� (d) Impairs the ability of the education provider to discipline a school employee, a contractor, an agent or a volunteer for a substantiated report of abuse or sexual conduct; or

�� (e) Requires the education provider to expunge substantiated information about abuse or sexual conduct from any documents maintained by an education provider.

�� (2) Any provision of an employment contract or agreement that is contrary to this section is void and unenforceable.

�� (3) Nothing in this section prevents an education provider from entering into a collective bargaining agreement that includes:

�� (a) Standards for investigation of a report of suspected abuse or suspected sexual conduct; or

�� (b) An appeal process from the determination made by or the action taken by an education provider related to a report of abuse or sexual conduct. [2009 c.93 �10; 2012 c.92 �7; 2019 c.618 �8]

�� 339.396 Effect on causes of action. Nothing in ORS 339.370 to 339.400 creates a new public or private cause of action or precludes an existing cause of action. [2009 c.93 �11]

�� 339.400 Training. (1) An education provider shall provide to school employees each school year training on:

�� (a) The prevention and identification of abuse and sexual conduct;

�� (b) The obligations of school employees under ORS 339.388 and 419B.005 to 419B.050 and under policies adopted by the school board to report suspected abuse and suspected sexual conduct; and

�� (c) Appropriate electronic communications with students as provided by ORS 339.372 (11).

�� (2) An education provider shall provide to contractors, agents and volunteers each school year information on:

�� (a) The prevention and identification of abuse and sexual conduct;

�� (b) The obligations of school employees under policies adopted by the school board to report abuse and sexual conduct; and

�� (c) Appropriate electronic communications with students as described in ORS 339.372 (11).

�� (3) An education provider shall make the training provided under subsection (1) of this section available each school year to contractors, agents and volunteers and to parents and legal guardians of students who attend a school operated by the education provider. The training shall be provided separately from the training provided to school employees under subsection (1) of this section.

�� (4) An education provider shall make available each school year to students who attend a school operated by the education provider a training that is designed to prevent abuse and sexual conduct. [Formerly 339.377; 2012 c.92 �8; 2019 c.618 �10]

(Emergency Preparation)

�� 339.405 Comprehensive safety program; rules. (1) As used in this section:

�� (a) �Evacuate� means a procedure used when students and staff need to move from one location to another.

�� (b) �Hold� means a procedure used to keep students and staff in classrooms while a disruption or minor emergency is resolved.

�� (c) �Lockdown� means a procedure used when a threat or hazard is inside the building.

�� (d) �Secure� means a procedure used when a threat or hazard is outside the building.

�� (e) �Shelter in place� is a procedure used to respond to and take protective actions based on a threat or hazard that may include an earthquake, tsunami or other natural or environmental hazard.

�� (2) Each school district must maintain a comprehensive safety program for all students and staff. The program must include procedures for:

�� (a) Responding to emergency situations that address an immediate threat to safety, including an evacuation, a hold, a lockdown, a secure and a shelter in place;

�� (b) Providing communicable disease management;

�� (c) Responding to medical emergencies; and

�� (d) Providing instruction as described in ORS 339.408.

�� (3) The State Board of Education may adopt rules related to a program required under this section. [2025 c.386 �13]

�� 339.408 Emergency safeguards; required drills and instruction; school building security. (1) As used in this section, �school� means any:

�� (a) Kindergarten through grade 12 public or private school, including a public charter school; or

�� (b) Educational institution having an average daily attendance of 50 or more students.

�� (2) Every school is required to have emergency safeguards to protect the safety and well-being of students and staff at the school. The emergency safeguards must include:

�� (a) Drills and instruction on emergency procedures so that students can respond to an emergency without confusion or panic.

�� (b) Policies and procedures relating to school building security.

�� (3) When reviewing policies and procedures relating to school building security, the governing body for a school shall consider the installation of a panic alarm system that:

�� (a) Is wireless or consists of wearable panic alarms;

�� (b) Is capable of connecting to diverse emergency services technologies to ensure real-time coordination between multiple emergency services agencies; and

�� (c) Integrates with local public safety answering points to transmit 9-1-1 calls and mobile activations.

�� (4) The drills and instruction on emergency procedures required by this section must be on:

�� (a) Fires;

�� (b) Earthquakes, which shall include tsunami drills and instruction in schools in a tsunami hazard zone; and

�� (c) Safety threats, as identified in ORS 339.405 (2)(a).

�� (5)(a) Drills and instruction on fire emergencies shall include routes and methods of exiting the school building.

�� (b) Drills and instruction on earthquake emergencies shall include the earthquake emergency response procedure known as �drop, cover and hold on.� A school may drill earthquake emergency response procedures in addition to �drop, cover and hold on� when the school determines, based on evaluation of specific engineering and structural issues related to a building, that �drop, cover and hold on� may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

�� (c) Drills and instruction on tsunami emergencies shall include immediate evacuation after an earthquake when appropriate or after a tsunami warning to protect students against inundation by tsunamis.

�� (d) Drills and instruction on safety threats shall include:

�� (A) Procedures related to evacuation, hold, lockdown, secure and shelter in place, as those terms are defined in ORS 339.405, including the procedures described in ORS

ORS 443.835

443.835.

�� (5)(a) �Financial exploitation� means:

�� (A) Wrongfully taking the assets, funds or property belonging to or intended for the use of a child in care.

�� (B) Alarming a child in care by conveying a threat to wrongfully take or appropriate moneys or property of the child in care if the child would reasonably believe that the threat conveyed would be carried out.

�� (C) Misappropriating, misusing or transferring without authorization any moneys from any account held jointly or singly by a child in care.

�� (D) Failing to use the income or assets of a child in care effectively for the support and maintenance of the child in care.

�� (b) �Financial exploitation� does not include age-appropriate discipline that may involve the threat to withhold, or the withholding of, privileges.

�� (6) �Intimidation� means compelling or deterring conduct by threat. �Intimidation� does not include age-appropriate discipline that may involve the threat to withhold privileges.

�� (7) �Involuntary seclusion� has the meaning given that term in ORS 418.519.

�� (8) �Law enforcement agency� means:

�� (a) Any city or municipal police department.

�� (b) Any county sheriff�s office.

�� (c) The Oregon State Police.

�� (d) Any district attorney.

�� (e) A police department established by a university under ORS 352.121 or 353.125.

�� (9) �Neglect� means:

�� (a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of a child in care; or

�� (b) The failure of a child-caring agency, proctor foster home, certified foster home, developmental disabilities residential facility, caretaker or other person to make a reasonable effort to protect a child in care from abuse.

�� (10) �Restraint� has the meaning given that term in ORS 418.519.

�� (11) �Services� includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of a child in care.

�� (12) �Sexual abuse� means:

�� (a) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;

�� (b) Any sexual contact between a child in care and an employee of a child-caring agency, proctor foster home, certified foster home, developmental disabilities residential facility, caretaker or other person responsible for the provision of care or services to a child in care;

�� (c) Any sexual contact between a person and a child in care that is unlawful under ORS chapter 163 and not subject to a defense under that chapter; or

�� (d) Any sexual contact that is achieved through force, trickery, threat or coercion.

�� (13) �Sexual contact� has the meaning given that term in ORS 163.305.

�� (14) �Sexual exploitation� means sexual exploitation as described in ORS 419B.005 (1)(a)(E).

�� (15) �Verbal abuse� means to threaten significant physical or emotional harm to a child in care through the use of:

�� (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

�� (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [2016 c.106 �36; 2017 c.733 �1; 2021 c.317 �1; 2021 c.672 �12]

�� 418.258 Report of suspected abuse; notifications; investigation. (1) When the Department of Human Services becomes aware of a report of suspected child abuse of a child in care, whether in the form of an allegation, complaint or formal report made under this section, and whether made directly to the Director of Human Services, the department or an employee of the department, to the centralized child abuse reporting system described in ORS 418.190, through the mandatory abuse reporting process set forth in ORS 419B.005 to 419B.050 or otherwise, the department shall immediately:

�� (a) Notify appropriate personnel within the department, including but not limited to employees responsible for licensing, certifying or authorizing child-caring agencies, certified foster homes and developmental disabilities residential facilities.

�� (b) Notify any governmental agency that has a contract with the child-caring agency, certified foster home or developmental disabilities residential facility to provide care or services to the child in care.

�� (c) Notify the placement authorities of any other state that retains jurisdiction over a child in care receiving care or services from the child-caring agency, certified foster home or developmental disabilities residential facility.

�� (d) Commence an investigation to determine whether the report of suspected abuse is substantiated, unsubstantiated or inconclusive under ORS 418.259 if:

�� (A) The reported abuse occurred in this state;

�� (B) The reported abuse occurred in any other state and involves a child in care placed by the department in an out-of-state child-caring agency; or

�� (C) The reported abuse occurred in any other state and the department reasonably believes that the reported abuse poses a danger to the health, safety or wellness of a child in care placed by the department in an out-of-state child-caring agency.

�� (e) Report to a law enforcement agency any crime that the department has reason to believe has occurred with respect to a child in care or at a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the suspected crime is not related to a report of abuse made under this section.

�� (2)(a) As a condition for issuance or renewal of a license, certificate or authorization to a child-caring agency, certified foster home or developmental disabilities residential facility, the department shall require and verify that the child-caring agency, certified foster home or developmental disabilities residential facility has procedures and protocols that:

�� (A) Require employees of the child-caring agency, a proctor foster home certified by the child-caring agency, the certified foster home or the developmental disabilities residential facility to immediately report suspected abuse of a child in care to the director, the director�s designee or personnel within the department who have been specifically designated to receive reports of abuse of children in care;

�� (B) Mandate that the child-caring agency, certified foster home or developmental disabilities residential facility provide an annual training and written materials that include information about the centralized child abuse reporting system described in ORS 418.190, and that the agency, home or facility advise and educate employees of the child-caring agency and any proctor foster home certified by the child-caring agency, of the certified foster home or of the developmental disabilities residential facility of the duty under this section and ORS 419B.005 to 419B.050 to report abuse of a child in care; and

�� (C) Inform employees of child-caring agencies, proctor foster homes, certified foster homes and developmental disabilities residential facilities that the duty to report abuse of a child in care is personal to the employee and that the duty is not fulfilled by reporting the abuse to the owner, operator or any other employee of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility even if the owner, operator or other employee reports the abuse of a child in care to the director, the director�s designee or the department.

�� (b) A child-caring agency, certified foster home or developmental disabilities residential facility need not develop and maintain procedures and protocols or provide an annual training and written materials under paragraph (a) of this subsection if the agency, home or facility does not have any employees, staff or volunteers.

�� (3) Interference or hindering an investigation of abuse of a child in care, including but not limited to the intimidation of witnesses, falsification of records or denial or limitation of interviews with the child in care who is the subject of the investigation or with witnesses, may constitute grounds for the revocation, suspension or placing of conditions on the license, certificate or other authorization of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.

�� (4)(a) Anyone, including but not limited to an employee of a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility, who makes a report of suspected abuse of a child in care to the Governor, the Department of Justice, the Director of Human Services, the director�s designee or the department under this section in good faith and who has reasonable grounds for the making of the report shall have immunity:

�� (A) From any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report;

�� (B) From disciplinary action taken by the person�s employer; and

�� (C) With respect to participating in any judicial proceeding resulting from or involving the report.

�� (b) A person making a report under this section may include references to otherwise confidential information for the sole purpose of making the report, and any such disclosure must be protected from further disclosure to other persons or entities for any other purpose not related to the making of the report. [2016 c.106 �37; 2017 c.448 �3; 2017 c.733 �2; 2020 s.s.1 c.19 �8; 2023 c.132 �3]

�� 418.259 Investigation of suspected abuse; findings; notifications; reports. (1) The investigation conducted by the Department of Human Services under ORS 418.258 must result in one of the following findings:

�� (a) That the report is substantiated. A report is substantiated when there is reasonable cause to believe that the abuse of a child in care occurred.

�� (b) That the report is unsubstantiated. A report is unsubstantiated when there is no evidence that the abuse of a child in care occurred.

�� (c) That the report is inconclusive. A report is inconclusive when there is some indication that the abuse occurred but there is insufficient evidence to conclude that there is reasonable cause to believe that the abuse occurred.

�� (2) When a report is received under ORS 418.258 alleging that a child in care may have been subjected to abuse, the department shall notify the case managers for the child, the attorney for the child, the child�s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency or developmental disabilities residential facility to provide care or services to the child that a report has been received.

�� (3)(a) The department may interview the child in care who is the subject of suspected abuse and any witnesses, including other children, without the presence of employees of the child-caring agency, proctor foster home or developmental disabilities residential facility, the provider of services at a certified foster home or department personnel. The department shall inform the child in care that the child may have the child�s parent or guardian, if the child has not been committed to the custody of the department or the Oregon Youth Authority, or attorney present when participating in an interview conducted in the course of an abuse investigation.

�� (b) When investigating an allegation of inappropriate use of restraint or involuntary seclusion, the department shall:

�� (A) Conduct the interviews described in paragraph (a) of this subsection;

�� (B) Review all relevant incident reports related to the child in care and other reports related to the restraint or involuntary seclusion of the child in care;

�� (C) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident;

�� (D) During an interview with the child in care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion;

�� (E) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion; and

�� (F) Make all reasonable efforts to conduct trauma-informed interviews of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child.

�� (4) The department shall notify the following when a report of abuse is substantiated:

�� (a) The Director of Human Services.

�� (b) Personnel in the department responsible for the licensing, certificate or authorization of child-caring agencies.

�� (c) The department�s lead personnel in that part of the department that is responsible for child welfare generally.

�� (d) With respect to the child in care who is the subject of the abuse report and investigation, the case managers for the child, the attorney for the child, the child�s court appointed special advocate, the parents or guardians of the child, any attorney representing a parent or guardian of the child and any governmental agency that has a contract with the child-caring agency to provide care or services to the child.

�� (e) The parents or guardians of the child in care who is the subject of the abuse report and investigation if the child in care has not been committed to the custody of the department or the youth authority. Notification under this paragraph may not include any details or information other than that a report of abuse has been substantiated.

�� (f) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care.

�� (g) The local citizen review board established by the Judicial Department under ORS 419A.090.

�� (5) The department shall report on a quarterly basis to the interim legislative committees on child welfare for the purposes of public review and oversight of the quality and safety of child-caring agencies, certified foster homes and developmental disabilities residential facilities that are licensed, certified or authorized by the department in this state and of proctor foster homes that are certified by the child-caring agencies. Information provided in reports under this subsection may not contain the name or any identifying information of a child in care but must contain all of the following:

�� (a) The name of any child-caring agency, including an out-of-state child-caring agency, proctor foster home or developmental disabilities residential facility, or, provided there are five or more certified foster homes in the county, the name of the county where a certified foster home is located, where the department conducted an investigation pursuant to ORS 418.258 that resulted in a finding that the report of abuse was substantiated during that quarter;

�� (b) The approximate date that the abuse occurred;

�� (c) The nature of the abuse and a brief narrative description of the abuse that occurred;

�� (d) Whether the abuse resulted in a reportable injury, sexual abuse or death;

�� (e) Corrective actions taken or ordered by the department and the outcome of the corrective actions; and

�� (f) Information the department received in that quarter regarding any substantiated allegations of child abuse made by any other state involving a congregate care residential setting, as defined in ORS 418.322, in which the department has placed Oregon children.

�� (6) The department�s quarterly report under subsection (5) of this section must also contain all of the following:

�� (a) The total number of restraints used in programs that quarter;

�� (b) The total number of programs that reported the use of restraints of children in care that quarter;

�� (c) The total number of individual children in care who were placed in restraints by programs that quarter;

�� (d) The number of reportable injuries to children in care that resulted from those restraints;

�� (e) The number of incidents in which an individual who was not appropriately trained in the use of the restraint used on a child in care in a program; and

�� (f) The number of incidents that were reported for potential inappropriate use of restraint.

�� (7) In compiling records, reports and other information during an investigation under ORS

ORS 446.155

446.155.

�� (b) A smoke alarm installed in a manufactured dwelling that is resold by a person other than the manufacturer or authorized dealer must meet the requirements of ORS 479.297. [1979 c.642 �3; 1997 c.647 �5; 1999 c.307 ��3,4; 2003 c.655 �78]

�� 479.265 Action for unlawful transfer of dwelling unit; damages; attorney fees. Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260 may bring an individual action in an appropriate court to recover actual damages or $50, whichever is greater. In any action brought by a person under this section, the court may award to the prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal and costs. Actions brought under this section must be commenced within one year of the date of sale or transfer. Notwithstanding the provisions of this section, violation of ORS 479.260 does not affect the transfer of the title, ownership or possession of the dwelling unit. [1979 c.642 �4; 1981 c.897 �56; 1995 c.618 �77; 2003 c.655 �79]

�� 479.270 Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector; instructions for testing to be provided. (1) The owner of any rental dwelling unit or the owner�s authorized agent shall be responsible for supplying, installing and maintaining the required smoke alarms or smoke detectors and shall provide a written notice containing instructions for testing of the devices. The notice shall be given to the tenant at the time the tenant first takes possession of the premises.

�� (2) The duty of the owner or authorized agent of the owner to maintain the required smoke alarms or smoke detectors, including providing working batteries, arises only:

�� (a) Prior to the beginning of every new tenancy when the tenant first takes possession of the premises; and

�� (b) During the tenancy upon written notice from the tenant of any deficiency, not including replacing dead batteries, as provided in ORS 479.275.

�� (3) Supplying and maintaining a smoke alarm or smoke detector under ORS 479.250 to 479.305 shall be considered a habitable condition under ORS 90.320. [1979 c.642 �5; 1993 c.369 �19; 1999 c.307 �6]

�� 479.275 Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries. It shall be the responsibility of the tenant of any rental dwelling unit to perform such tests on the smoke alarms or smoke detectors located in a part of the dwelling unit that the tenant is entitled to occupy to the exclusion of others as are recommended by the manufacturer�s instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. Testing intervals shall not exceed six months. It shall also be the responsibility of the tenant during the tenancy to replace any dead batteries, as needed. [1979 c.642 �6; 1981 c.309 �2; 1993 c.369 �20; 1999 c.307 �7]

�� 479.280 Lack of properly operating smoke alarm or smoke detector; complaint; investigation; citation. (1) If a rental dwelling unit is not equipped with the required smoke alarm or smoke detector, or if the smoke alarm or smoke detector is not operating properly and the owner or the owner�s authorized agent has not installed a properly operating smoke alarm or smoke detector within 10 days after receiving written notice from the tenant of the deficiency, the tenant may file a complaint with the State Fire Marshal or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction.

�� (2) Upon receipt of a complaint filed under subsection (1) of this section, the State Fire Marshal or the appropriate local fire official shall investigate the alleged violation of ORS 479.250 to 479.305. If the State Fire Marshal or appropriate local fire official finds that the landlord has failed to install a properly operating smoke alarm or smoke detector in the unit under investigation, the State Fire Marshal or local fire official may issue a citation which shall substantially conform to the requirements for a citation under ORS chapter 153.

�� (3) In the absence of a complaint from the tenant, the State Fire Marshal or an appropriate local fire official may initiate the citation process by presenting the owner with a written notice of the deficiency and specifying a period of not less than 10 days for compliance.

�� (4) If the State Fire Marshal or appropriate local fire official finds that the landlord of a hotel or lodging house has failed to comply with the requirements of ORS

ORS 447.154

447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person�s business an uncertified plumbing product.

�� (2) The provisions of ORS 447.152, 447.154 and 447.156 do not apply to products determined by rule not to be plumbing products.

�� (3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 ��2,5]

�� 447.160 [1981 c.438 �44; 1999 c.846 �1; repealed by 2001 c.411 �31]

STANDARDS AND SPECIFICATIONS FOR ACCESS BY PERSONS WITH DISABILITIES

�� 447.210 Definitions for ORS 447.210 to 447.280. As used in ORS 447.210 to 447.280, unless the context requires otherwise:

�� (1) �Affected buildings� includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans with Disabilities Act. �Affected buildings� also includes any government building that is subject to Title II of the Americans with Disabilities Act. �Affected buildings� also includes private entities, private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) �Americans with Disabilities Act� means the Americans with Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq.

�� (3) �Architectural barriers� are physical design features that restrict the full use of affected buildings and their related facilities by persons with disabilities.

�� (4) �Commercial facilities� includes nonresidential facilities, such as office buildings, factories and warehouses, whose operations affect commerce.

�� (5) �Covered multifamily dwellings� means buildings consisting of four or more dwelling units if such buildings have one or more elevators, and ground floor dwelling units in other buildings consisting of four or more dwelling units. Dwelling units within a single structure separated by firewalls do not constitute separate buildings.

�� (6) �Department� means the Department of Consumer and Business Services.

�� (7) �Director� means the Director of the Department of Consumer and Business Services.

�� (8) �Fair Housing Act� means the Fair Housing Act of 1968, as amended in 1988, found at 42 U.S.C. section 3604 et seq.

�� (9) �Municipality� means a city, county or other unit of local government otherwise authorized by law to enact building codes.

�� (10) �Private entities� means privately owned entities offering examinations or courses related to applications, licensing, certification or credentials for secondary or post-secondary education, professional or trade purposes.

�� (11) �Public accommodations� means a facility whose operations affect commerce and fall within at least one of the following categories:

�� (a) Places of lodging not including owner-occupied establishments renting fewer than six rooms;

�� (b) Establishments serving food or drink;

�� (c) Places of exhibition or entertainment;

�� (d) Places of public gathering;

�� (e) Sales or rental establishments;

�� (f) Service establishments;

�� (g) Public transportation terminals, depots or stations;

�� (h) Places of public display or collection;

�� (i) Places of recreation;

�� (j) Places of education;

�� (k) Social service center establishments; and

�� (L) Places of exercise or recreation.

�� (12) �Related facilities� means building site improvements including, but not limited to, parking lots, passageways, roads, clustered mailboxes located either on the site or in an adjacent public right of way or any other real or personal property located on the site.

�� (13) �Structural code� means the specialty code defined in ORS 455.010. [1971 c.230 �2; 1973 c.539 �1; 1975 c.675 �35; 1979 c.133 �1; 1987 c.414 �27; 1987 c.604 �12; 1989 c.224 �109; 1991 c.67 �122; 1993 c.503 �1; 1993 c.744 �74; 1995 c.307 �1; 2011 c.488 �1]

�� 447.220 Purpose. It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 �1; 1973 c.539 �2; 1979 c.133 �2; 1989 c.224 �110; 1993 c.503 �2]

�� 447.230 Standards and specifications to eliminate architectural barriers. (1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities.

�� (2) The director shall, to assist in the identification of architectural barriers and in the development of the standards and specifications referred to in subsection (1) of this section, be assisted by the Oregon Disabilities Commission or its designee. [1971 c.320 �3; 1973 c.539 �3; 1979 c.133 �3; 1983 c.740 �169; 1987 c.414 �27b; 1987 c.672 �1; 1989 c.224 �111; 1989 c.703 �1; 1993 c.503 �3; 1993 c.744 �75a]

�� 447.231 Rules to eliminate architectural barriers. Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 �2; 1993 c.503 �4; 2003 c.14 �269]

�� 447.233 Accessible parking space requirements; inspection of spaces; violation. (1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsection (2) of this section. Spaces may also be marked in a manner specified in the state building code.

�� (2)(a) The number of accessible parking spaces shall be:

�� Required�� Required

�� Required�� Minimum Number�� Minimum Number of

�� Total Parking�� Minimum Number of�� of Van�� Wheelchair User

�� In Lot� �� Accessible Spaces�� Accessible Spaces�� Only� Spaces

�� 1�� to�� 25�� 1�� 1�� -

�� 26�� to�� 50�� 2�� 1�� -

�� 51�� to�� 75�� 3�� 1�� -

�� 76�� to�� 100�� 4�� 1�� -

�� 101�� to�� 150�� 5�� -�� 1

�� 151�� to�� 200�� 6�� -�� 1

�� 201�� to�� 300�� 7�� -�� 1

�� 301�� to�� 400�� 8�� -�� 1

�� 401�� to�� 500�� 9�� -�� 2

�� 501�� to�� 1,000�� 2% of total�� -�� 1 in every 8

�� accessible spaces or

�� portion thereof

�� 1,001�� and�� over�� 20 plus 1 for each�� -�� 1 in every 8

�� 100 over 1,000�� accessible spaces or

�� portion thereof

�� (b) In addition, one in every eight accessible spaces, but not less than one, shall be van accessible. Where five or more parking spaces are designated accessible, any space that is designated as van accessible shall be reserved for wheelchair users. A van accessible parking space shall be at least nine feet wide and shall have an adjacent access aisle that is at least eight feet wide.

�� (c) Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access aisle that is at least six feet wide.

�� (d) The access aisle shall be located on the passenger side of the parking space except that two adjacent accessible parking spaces may share a common access aisle.

�� (e) A sign shall be posted for each accessible parking space. The sign shall be clearly visible to a person parking in the space, shall be marked with the International Symbol of Access and shall indicate that the spaces are reserved for persons with disabled person parking permits. A van accessible parking space shall have an additional sign marked �Van Accessible� mounted below the sign. A van accessible parking space reserved for wheelchair users shall have a sign that includes the words �Wheelchair User Only.�

�� (f) Accessible parking spaces and signs shall be designed in compliance with the standards set forth by the Oregon Transportation Commission in consultation with the Oregon Disabilities Commission.

�� (3) No ramp or obstacle may extend into the parking space or the aisle, and curb cuts and ramps may not be situated in such a way that they could be blocked by a legally parked vehicle.

�� (4) Parking spaces required by this section shall be maintained so as to meet the requirements of this section at all times and to meet the standards established by the state building code.

�� (5) The director is authorized to inspect parking spaces and facilities and buildings subject to the provisions of this section, and to do whatever is necessary to enforce the requirements, including the maintenance requirements, of this section. Municipalities and counties may administer and enforce the requirements of this section in the manner provided under ORS 455.148 or 455.150 for administration and enforcement of specialty codes. All plans for parking spaces subject to the provisions of this section must be approved by the director prior to the creation of the spaces.

�� (6) Requirements adopted under this section do not apply to long-term parking facilities at the Portland International Airport.

�� (7) Any reported violation of this section shall be investigated by the administrative authority. The administrative authority shall make a final decision and order correction, if necessary, within 30 days of notification. Any aggrieved person may appeal within 30 days of the decision by the administrative authority to the appropriate municipal appeals board or, at the option of the local jurisdiction, directly to the Building Codes Structures Board established under ORS 455.132. The appeal shall be acted upon within 60 days of filing. The decision of the municipal appeals board may be appealed to the board. The board shall act on the appeal within 60 days of filing. All appeals to the board shall be filed in accordance with ORS 455.690. [1979 c.809 �2; 1981 c.275 �1; 1983 c.338 �930; 1987 c.187 �1; 1989 c.243 �15; 1991 c.741 �6; 1993 c.503 �8; 1993 c.744 �77; 2001 c.573 �5; 2007 c.468 �1]

�� 447.235 [1973 c.539 �11; 1989 c.224 �112; repealed by 1993 c.503 �14]

�� 447.240 [1971 c.320 �4; 1973 c.539 �4; 1973 c.540 �1; 1974 c.36 �14; 1989 c.224 �113; repealed by 1993 c.503 �14]

�� 447.241 Standards for renovating, altering or modifying certain buildings; barrier removal improvement plan. (1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope.

�� (2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area.

�� (3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

�� (4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order:

�� (a) Parking;

�� (b) An accessible entrance;

�� (c) An accessible route to the altered area;

�� (d) At least one accessible rest room for each sex or a single unisex rest room;

�� (e) Accessible telephones;

�� (f) Accessible drinking fountains; and

�� (g) When possible, additional accessible elements such as storage and alarms.

�� (5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section.

�� (6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate.

�� (7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section.

�� (b) The barrier removal improvement plan shall include:

�� (A) A letter of participation from the building owner;

�� (B) A building survey that identifies existing architectural barriers;

�� (C) An improvement plan and time schedule for removal of architectural barriers; and

�� (D) An implementation agreement.

�� (c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section.

�� (8) For purposes of this section, �primary function� is a major activity for which the facility is intended. [1993 c.503 �7]

�� 447.243 [1973 c.539 �6; 1989 c.224 �114; repealed by 1993 c.503 �14]

�� 447.245 [1973 c.539 �17; 1973 c.540 �3; repealed by 1993 c.503 �14]

�� 447.247 Elevators required; criteria; rules. (1) Elevators are required:

�� (a) In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act;

�� (b) In all other commercial facilities, private entities and places of public accommodation covered by Title III of the Americans with Disabilities Act that have more than one floor level and more than 3,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building; and

�� (c) In all private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) The Department of Consumer and Business Services may by rule create exceptions to the requirements of this section if this section would require an elevator in a building that would not be required to have an elevator under the provisions of the Americans with Disabilities Act or the Fair Housing Act. [1993 c.503 �6; 1995 c.307 �2]

�� 447.250 Waiver or modification of standards and specifications; appeals board; procedures; fees. (1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the standard or specification is impractical in that it would defeat the purpose of the project proposed or in process, it may apply to the appeals board having jurisdiction over the project for a waiver or modification of such standard or specification, setting forth the reasons for its determination and a proposal for the work complying with the particular standard or specification to the maximum extent that it considers practical.

�� (2)(a) For projects involving a state correctional facility as defined in ORS 421.005 (2), or a local correctional facility, as defined in ORS 169.005, the appeals board referred to in subsection (1) of this section is the Building Codes Structures Board established under ORS 455.132.

�� (b) For all other projects, the appeals board referred to in subsection (1) of this section is the appeals board established under ORS 455.020 (4) by the municipality having jurisdiction over the project.

�� (3) The appeals board shall thereupon investigate the application. The board in its investigation shall be required to seek the advice of the Oregon Disabilities Commission or its designee in dealing with architectural barrier waivers. If the appeals board finds that the proposal submitted with the application would constitute a substantial compliance with, or an acceptable alternative to, the particular standard or specification in view of the objectives of ORS 447.210 to 447.280, the waiver shall be granted. If the board finds otherwise, the application shall be promptly denied with notice to the requesting person or governmental entity of the denial.

�� (4) The findings of the appeals board shall include the estimated building costs and the additional cost of construction to conform to the requirements of ORS 447.210 to 447.280 over the cost of a nonconforming feature or any other special reason or circumstance that, in the judgment of the board, justifies the decision.

�� (5) Any person aggrieved by the final decision of an appeals board may within 30 days of the decision appeal to the Director of the Department of Consumer and Business Services. In the case where no appeals board has been created the director shall have original jurisdiction of an application for a waiver. The applicant for a waiver or an appeal shall submit a fee of $20 payable to the director with the request for waiver or appeal. In determining an appeal or an original application, the procedures and standards of subsections (1) to (4) of this section shall apply to the director. [1971 c.320 �5; 1973 c.539 �7; 1979 c.133 �4; 1987 c.672 �3; 1989 c.224 �115; 1989 c.703 �2; 1993 c.744 �78; 1995 c.307 �3; 2001 c.517 �6]

�� 447.255 Access to lottery-funded facilities by persons with disabilities. (1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280.

�� (2) Promotional and marketing programs described by this section shall promote and identify lottery-funded facilities as accessible to and usable by persons with disabilities whenever appropriate. [1989 c.909 �49; formerly 461.730; 1993 c.503 �9; 2005 c.835 �29]

�� 447.260 Rules. (1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 to 447.280 or would be impractical.

�� (2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of �affected buildings� provided by ORS 447.210 and for the purposes of ORS 447.247. [1971 c.320 �6; 1973 c.539 �8; 1979 c.133 �5; 1993 c.503 �10; 1993 c.744 �76; 1995 c.307 �4]

�� 447.270 Cooperation with public officials and agencies required. The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 to

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 455.330

455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines.

�� (2) A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt owner-built dwelling and outbuildings more than once every five years. [Formerly 456.935]

�� 455.340 Code requirements to which exemption may not apply. No county shall exempt any building from requirements of the structural code relating to:

�� (1) Fire egress, fire retardant, smoke alarms and smoke detectors;

�� (2) Maximum bending stress allowed by the structural code for structural members; or

�� (3) Insulation and energy conservation. [Formerly 456.940; 1999 c.307 �22]

�� 455.345 Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers. (1) Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330.

�� (2) Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall:

�� (a) Require the owner-builder to comply with those structural code requirements listed under ORS 455.340; and

�� (b) Inform the owner-builder in writing of those items which fail to comply with code standards and are exempt from code standards and make that information part of the permanent inspection record on the structures.

�� (3) An owner-builder of a structure exempted from the structural code under ORS

ORS 455.395

455.395 and 455.400:

�� (1) �Seismic rehabilitation� means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

�� (2) �Seismic rehabilitation agreement� means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner�s building.

�� (3) �Seismic rehabilitation data� means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. �Seismic rehabilitation data� does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.

�� (4) �Seismic rehabilitation program� means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.

�� (5) �Seismic rehabilitation survey� means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner�s building. [1995 c.400 �1]

�� Note: 455.390 to 455.400 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner�s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building�s failure due to seismic activity.

�� (2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner�s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

�� (3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 �2]

�� Note: See note under 455.390.

�� 455.400 Effect of seismic rehabilitation provisions on exclusive remedy. Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 �6]

�� Note: See note under 455.390.

�� Note: Section 3, chapter 797, Oregon Laws 2001, provides:

�� Sec. 3. Educational building seismic rehabilitation. Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board�s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 �3; 2013 c.768 �162; 2015 c.767 �177]

(Miscellaneous Provisions)

�� 455.405 Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code.

�� (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and:

�� (a) Has been rendered structurally immobile; or

�� (b) Has direct attachment to utilities. [2019 c.585 �4]

�� Note: 455.405 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.410 Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.

�� (2) �Substantial compliance� means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.

�� (3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.

�� (4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.

�� (5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 �1]

�� 455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.

�� (2) As used in this section, �smoke alarm� and �smoke detector� shall have the meanings provided in ORS 479.250. [1999 c.307 �18]

�� 455.415 Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630,

ORS 456.788

456.788 (4) does not apply, a written notice that provides the earliest date that the affordability restriction could be terminated, in the form prescribed by the Housing and Community Services Department by rule. [2025 c.141 �2]

�� Note: 90.308 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.310 Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager. (1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

�� (a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee�s sale under a trust deed;

�� (b) Any pending suit to foreclose a mortgage, trust deed or vendor�s lien under a contract of sale;

�� (c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

�� (d) Any pending proceeding to foreclose a tax lien.

�� (2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

�� (3) This section shall not apply to premises managed by a court appointed receiver.

�� (4) A manager who has complied with ORS 90.305 shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 �31]

�� 90.315 Utility or service payments; additional charges; responsibility for utility or service; remedies. (1) As used in this section:

�� (a) �Public service� means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.

�� (b)(A) �Public service charge� means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

�� (B) �Public service charge� does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

�� (c) �Sewer service� includes storm water service and wastewater service.

�� (d) �Utility or service� includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

�� (2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant�s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant�s dwelling unit.

�� (3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month�s rent, whichever is greater.

�� (4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant�s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant�s dwelling unit.

�� (b)(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider�s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

�� (B) The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

�� (i) The manner in which the provider assesses a utility or service charge; and

�� (ii) The manner in which the charge is allocated among the tenants if the provider�s bill to the landlord covers multiple tenants.

�� (C) The landlord must:

�� (i) Include in the bill to the tenant a copy of the provider�s bill; or

�� (ii) If the provider�s bill is not included, state that the tenant may inspect the provider�s bill at a reasonable time and place and that the tenant may obtain a copy of the provider�s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

�� (D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant�s payment as timely for purposes of ORS 90.302 (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

�� (E) If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 or by electronic means.

�� (c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

�� (A) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (B) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;

�� (C) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

�� (E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

�� (d)(A) A landlord must provide 60 days� written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

�� (B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

�� (C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

�� (e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392.

�� (f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month�s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

�� (5)(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (A) Pay the outstanding amount and deduct the amount from the rent;

�� (B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

�� (C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

�� (b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

�� (6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (a) Pay the outstanding amount and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent and fees; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

�� (a) Pay the outstanding balance and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

�� (9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 �2; 1995 c.559 �14; 1997 c.577 �16; 1999 c.603 �18; 2005 c.391 �19; 2009 c.816 �4a; 2011 c.503 �7; 2015 c.388 �8]

�� 90.316 Carbon monoxide alarm. (1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

�� (a) Contains a carbon monoxide source; or

�� (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

�� (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS

ORS 456.950

456.950]

(Mercury Thermostats)

�� 455.355 Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule:

�� (a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.

�� (b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.

�� (2) As used in this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �3]

�� Note: 455.355 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Carbon Monoxide)

�� 455.360 Carbon monoxide alarms. (1) As used in this section, �carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (2) A carbon monoxide alarm is required in a structure that:

�� (a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and

�� (b) Is identified under the structural specialty code as a residential Group R structure.

�� (3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer�s instructions and any applicable requirements of the state building code. [2009 c.591 �8]

�� Note: 455.360 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Radon)

�� 455.365 Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.

�� (2) The boards shall make the design and construction standards for mitigating radon levels applicable in:

�� (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and

�� (b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.

�� (3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.

�� (4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 �2]

�� Note: 455.365 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Agriculture Workforce Housing)

�� 455.380 Department as final authority on agriculture workforce housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163.

�� (2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 466.265

466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner that will minimize the possibility of adverse effects on the public health and safety or environment.

�� (2) The Department of Environmental Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under subsection (1) of this section and ORS 466.265 and shall report its findings and recommendations to the commission. [1985 c.670 �17]

�� 466.275 Permit application for PCB disposal facility. Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following:

�� (1) The management program for the operation of the facility including the person to be responsible for the operation of the facility and a resume of the person�s qualifications, the proposed method of disposal, the proposed method of pretreatment or decontamination of the facility, if any, and the proposed emergency measures to be provided at the facility.

�� (2) A description of the size and type of facility to be constructed, including the height and type of fencing to be used, the size and construction of structures or buildings, warning signs, notices and alarms to be used, the type of drainage and waste treatment facilities and maximum capacity of such facilities, the location and source of each water supply to be used and the location and the type of fire control facilities to be provided at the facility.

�� (3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and development of the disposal facility and the waste treatment and water supply facilities, if any, to be used at the facility.

�� (4) The exact location and place where the applicant proposes to operate and maintain the PCB disposal facility, including the legal description of the lands included within the facility.

�� (5) A geologist�s survey report indicating land formation, location of water resources and direction of the flows thereof and the geologist�s opinion relating to the potential of contamination of water resources including but not limited to possible sources of such contamination.

�� (6) The names and addresses of the applicant�s current or proposed insurance carriers, including copies of insurance policies then in effect. [1985 c.670 �18; 1987 c.540 �40]

�� 466.280 Copies of application to be sent to affected state agencies. Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within the period specified by the Department of Environmental Quality by making a written recommendation as to whether the permit application should be granted. Recommendation from other agencies shall be considered in determining whether to grant the permit. [1985 c.670 �19; 1987 c.540 �41; 2009 c.595 �945]

�� 466.285 Notice of hearings on application. (1) Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected persons of the permit application.

�� (2) The notice shall contain information regarding the approximate location of the facility and the type and amount of PCB intended for disposal at the facility, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed PCB disposal facility shall have opportunity to testify at the hearing. [1985 c.670 �20; 1987 c.540 �42]

�� 466.290 Public hearing in area of proposed facility required. The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application. [1985 c.670 �21]

�� 466.295 Examination of applications; recommendation to commission; decision as to issuance; notice to applicant. (1) At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers necessary, and make a recommendation to the commission as to whether to issue the permit.

�� (2) After reviewing the department�s recommendations under subsection (1) of this section, the commission shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the address designated in the application. The decision of the commission is subject to judicial review under ORS 183.480. [1985 c.670 �22; 1987 c.540 �43]

�� 466.300 Restrictions on commission authority to issue permit. The Environmental Quality Commission may not issue a permit under ORS 466.295 for any facility designed to dispose of PCB by incineration unless:

�� (1) The facility is also equipped to incinerate hazardous waste; and

�� (2) The applicant has received all federal and state licenses and permits required to operate a hazardous waste incinerator. [1985 c.670 �23; 1987 c.540 �44]

�� 466.305 Investigation of complaints; hearing; order.

(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator�s permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.

�� (2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist to justify a hearing upon the complaint, it shall give 10 days� written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.

�� (3) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality Commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS 183.480 for judicial review of orders in contested cases. The costs of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 �24; 1987 c.540 �45; 1999 c.849 ��96,97; 2003 c.75 �40]

�� 466.310 Monitoring, inspection and surveillance program; access to facility and records. The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency other than the owner or permittee to do so. Owners and operators of a PCB disposal facility must allow necessary access to the PCB disposal facility and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. [1985 c.670 �25; 1987 c.540 �46]

�� 466.315 Procedure for emergency. (1) Whenever, in the judgment of the Department of Environmental Quality, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation of the facility, without hearing or prior notice, the department shall order the operation of the facility halted by service of the order on the facility operator or an agent of the operator.

�� (2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable relief required to protect the public health or safety or the environment and may begin proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 �26; 1987 c.540 �47]

�� 466.320 Conditions for holding permit. Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,

ORS 468A.075

468A.075 and the vehicle has visible emissions exceeding visible emissions allowed under Visible Emission Standard II under ORS 815.195.

�� (2) The exemptions from this section are established under ORS 815.205.

�� (3) The offense described in this section, violation of visible emission limits, is a Class D traffic violation. [1983 c.338 �485; 1985 c.393 �21]

�� 815.205 Exemptions from visible emission limits. This section establishes exemptions from ORS 815.195 and 815.200. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions under this section are partial or complete as described in the following:

�� (1) Motor vehicles registered as farm vehicles under ORS 805.300 are not subject to the limits on visible emissions.

�� (2) Vehicles of special interest and antique vehicles are not subject to the limits on visible emissions if the vehicles are maintained as a collectors� item and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (3) The visible emission limits apply only in counties having a population over 50,000 according to the 1970 federal decennial census that are located west of the summit of the Cascade Mountains. The summit of the Cascade Mountains is determined for purposes of this subsection by the line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [1983 c.338 �487]

(Windows)

�� 815.210 Operation of vehicle without approved material in windows; exemptions; penalty. (1) A person commits the offense of operation of a vehicle without approved materials in windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle with a windshield or windows that do not conform to the standards established by the Department of Transportation under ORS 815.040.

�� (2) This section does not apply to the following vehicles:

�� (a) Any motor vehicle manufactured on or before January 1, 1954, and registered in this state. The exemption under this paragraph does not apply to windshields or windows that have been replaced after January 1, 1954.

�� (b) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, that are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (c) Road machinery, road rollers or farm tractors.

�� (d) Antique vehicles that are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (3) The vehicle exemptions under this section are also exemptions from the prohibitions under ORS 815.090 against replacing vehicle window or windshield with any unapproved material as provided in that section.

�� (4) The offense described in this section, operation of a vehicle without approved materials in windows, is a Class C traffic violation. [1983 c.338 �488; 1985 c.16 �254; 1985 c.393 �22; 1997 c.402 �12; 2003 c.158 �6]

�� 815.215 Failure to have windshield wipers; exemptions; penalty. (1) A person commits the offense of failure to have windshield wipers if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that has a windshield and that is not equipped with windshield wipers that meet the requirements under this section.

�� (2) Windshield wipers meet the requirements of this section if the windshield wipers are designed for cleaning rain or other moisture from the windshield and so constructed as to be controlled or operated by the driver of the vehicle.

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

�� (B) The vehicles are street rods that conform to ORS 815.107.

�� (b) Road machinery, road rollers or farm tractors.

�� (c) Antique vehicles that are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (d) Motorcycles.

�� (4) The offense described in this section, failure to have windshield wipers, is a Class C traffic violation. [1983 c.338 �489; 1997 c.402 �13; 2003 c.158 �14]

�� 815.220 Obstruction of vehicle windows; penalty. (1) A person commits the offense of obstruction of vehicle windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway any vehicle with windows obstructed in a manner prohibited under this section.

�� (2) The windows of a vehicle are obstructed in a manner prohibited by this section if any material that prevents or impairs the ability to see into or out of the vehicle is upon any vehicle window described in this subsection. This subsection applies to any sign, poster, one-way glass, adhesive film, glaze application or other material if the material prevents or impairs the ability to see into or out of the vehicle. This subsection only applies to the following windows of the vehicle:

�� (a) The front windshield.

�� (b) The side-wings.

�� (c) The side windows on either side forward of or adjacent to the operator�s seat.

�� (3) Nothing in this section prohibits safety glazing materials of a type that conforms to standards established under ORS 815.040.

�� (4) Nothing in this section prohibits placement of permits in accordance with the provisions of ORS 803.650 or with rules adopted by the Department of Transportation under ORS 803.650.

�� (5) Nothing in this section prohibits the application of tinting material to the windows of a motor vehicle in compliance with ORS 815.221.

�� (6) The offense described in this section, obstruction of vehicle windows, is a Class D traffic violation. [1983 c.338 �490; 1985 c.16 �255; 1987 c.166 �5; 1995 c.263 �4; 1995 c.383 �91; 2003 c.158 �5; 2013 c.199 �1]

�� 815.221 Tinting; authorized and prohibited materials; certificate. (1) Notwithstanding any other provision of law, a person may apply tinting material to the windows of a motor vehicle in compliance with this section.

�� (2) Tinting material may be applied to the side and rear windows of a motor vehicle if:

�� (a) The tinting material has a light transmittance of 50 percent or more;

�� (b) The tinting material has a light reflectance of 13 percent or less; and

�� (c) The total light transmittance through the window with the tinting material applied is 35 percent or more.

�� (3) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the top six inches of a windshield. Tinting material may not be applied to any other portion of the windshield.

�� (4) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to all windows of a multipurpose passenger vehicle that are behind the driver. This subsection applies only to vehicles that are equipped with rearview mirrors on each side of the vehicle. The windows as tinted shall meet the requirements for AS-3 glazing material established by federal regulation. For purposes of this subsection, a �multipurpose passenger vehicle� is a motor vehicle with motive power that is designed to carry 10 or fewer persons and is constructed either on a truck chassis or with special features for occasional off-road operation.

�� (5) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the side and rear windows of a vehicle registered in the name of a person, or the person�s legal guardian, if the person has any of the following documents signed by a validly licensed physician or optometrist stating that the person or another person in the person�s household has a physical condition requiring window tinting that produces a lower light transmittance than allowed by this section:

�� (a) An affidavit.

�� (b) A prescription.

�� (c) A letter on the practitioner�s letterhead.

�� (6) The document required by subsection (5) of this section shall be kept in the vehicle and shall be shown to a police officer who inquires about the tint.

�� (7) There are no light transmittance requirements for glazing materials applied to AS-3 type windows.

�� (8) The following types of tinting material are not permitted:

�� (a) Mirror finish products.

�� (b) Red, gold, yellow, amber or black material.

�� (c) Tinting material that is in liquid preapplication form and is brushed or sprayed on.

�� (9) Each person who installs window tinting material in compliance with this section shall give the person who requested the installation a certificate stating:

�� (a) The name and address of the person who installed the tint;

�� (b) The light transmittance of the tinting material;

�� (c) The light reflectance of the tinting material; and

�� (d) That the total light transmittance through each window with the tinting material applied is not less than 35 percent.

�� (10) The certificate issued under subsection (9) of this section shall be kept in the motor vehicle and shall be shown to a police officer who inquires about the tint.

�� (11) Prohibitions and penalties related to the standards established under this section are provided under ORS 815.222. [1995 c.263 �2; 2003 c.158 �8; 2015 c.579 �1]

�� 815.222 Illegal window tinting; dismissal; penalty. (1) A person commits the offense of illegal window tinting if the person applies window tinting material that does not comply with ORS 815.221 or applies window tinting material to a window of a motor vehicle that is not authorized by ORS 815.221 to be equipped with window tinting material.

�� (2) A person commits the offense of operating a vehicle with illegal window tinting if the person operates a vehicle registered or required to be registered in Oregon that is equipped with window tinting material that is not in compliance with or authorized by ORS 815.221.

�� (3) Each offense described in this section is a Class B traffic violation.

�� (4) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that after the citation for the offense was issued the windows of the vehicle were modified to comply with the requirements of ORS 815.221. In determining whether the windows of the vehicle were modified to comply with the requirements of ORS 815.221, the court may consider:

�� (a) A receipt from a business for removing nonconforming window tinting or installation of conforming window tinting;

�� (b) A written statement by a law enforcement officer indicating that the window tinting was modified to comply with the requirements of ORS 815.221; and

�� (c) Any other evidence produced by the defendant to show modification or removal of the nonconforming window tinting.

�� (5) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that at the time the citation for the offense was issued the person or another person in the person�s household had a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221. In determining whether the person or another person in the person�s household had a physical condition that requires window tinting that produces a lower light transmittance, the court may consider any of the following documents signed by a validly licensed physician or optometrist stating that the person has a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221:

�� (a) An affidavit.

�� (b) A prescription.

�� (c) A letter on the practitioner�s letterhead. [1995 c.263 �3; 2013 c.216 �1; 2015 c.579 �2]

(Horns, Sound Equipment)

�� 815.225 Violation of use limits on sound equipment; exemptions; penalty. (1) A person commits the offense of violation of use limits on sound equipment if the person does any of the following:

�� (a) Uses upon a vehicle, any bell, siren, compression or exhaust whistle.

�� (b) Uses a horn otherwise than as a reasonable warning or makes any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

�� (2) Authorized emergency vehicles and ambulances are not subject to this section but are subject to ORS 820.370 and 820.380.

�� (3) The offense described in this section, violation of use limits on sound equipment, is a Class C traffic violation. [1983 c.338 �491]

�� Note: The amendments to 815.225 by section 12, chapter 278, Oregon Laws 2025, become operative January 1, 2027. See section 24, chapter 278, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 815.225. (1) A person commits the offense of violation of use limits on sound equipment if the person does any of the following:

�� (a) Uses upon a vehicle, any bell, siren, compression or exhaust whistle.

�� (b) Uses a horn otherwise than as a reasonable warning or makes any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

�� (2) Authorized emergency vehicles, organ transport vehicles and ambulances are not subject to this section but are subject to ORS 820.370 and 820.380.

�� (3) The offense described in this section, violation of use limits on sound equipment, is a Class C traffic violation.

�� 815.230 Violation of sound equipment requirements; exemptions; penalty. (1) A person commits the offense of violation of vehicle sound equipment requirements if the person drives or moves on any highway or owns and causes or knowingly permits to be driven on any highway any vehicle that violates any of the following equipment provisions:

�� (a) A motor vehicle must be equipped with a horn in good working order, capable of emitting sounds audible under normal conditions from a distance of not less than 200 feet.

�� (b) No vehicle shall be equipped with any bell, siren, compression or exhaust whistle.

�� (2) This section is subject to the exemptions under this subsection in addition to any exemptions under ORS 801.026. The exemptions under this subsection are partial or complete as described in the following:

�� (a) Authorized emergency vehicles are subject to sound equipment requirements and limitations as provided in ORS 820.370 and 820.380.

�� (b) Vehicles of special interest that are registered under ORS 805.020 are not subject to this section if the vehicles are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (c) Bicycles are subject to requirements and limitations on sound equipment as provided under ORS 815.280.

�� (d) Antique vehicles are not subject to the requirements if the vehicles are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (e) The requirements do not apply to road machinery, road rollers and farm tractors.

�� (f) Electric personal assistive mobility devices are subject to requirements and limitations on sound equipment as provided under ORS 815.284.

�� (3) The offense described in this section, violation of vehicle sound equipment requirements, is a Class C traffic violation. [1983 c.338 �492; 1985 c.16 �256; 1997 c.402 �14; 2003 c.341 �16]

(Sound System Amplification)

�� 815.232 Unreasonable sound amplification from a vehicle; penalty. (1) A person commits the offense of causing unreasonable sound amplification from a vehicle if the person operates, or permits the operation of, any sound amplification system which is plainly audible outside of a vehicle from 50 or more feet when the vehicle is on a public highway or on premises open to the public, unless that system is being operated to request assistance or warn of a hazardous situation.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Vehicles being operated outside of an urban growth boundary;

�� (b) Emergency vehicles as defined in ORS 801.260;

�� (c) Vehicles operated by utilities defined under ORS 757.005, 758.505 or 759.005, or telecommunications carriers as defined in ORS 133.721;

�� (d) Sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution;

�� (e) Audio alarm systems installed in vehicles; or

�� (f) Federal Communications Commission licensed two-way radio communications systems.

�� (3) As used in subsection (1) of this section, �plainly audible� means any sound for which the information content of that sound is unambiguously communicated to the listener including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible musical rhythms or vocal sounds.

�� (4) The offense described in this section, causing unreasonable sound amplification from a vehicle, is a Class D traffic violation. [1991 c.601 �3; 1995 c.383 �27; 1999 c.1093 �19]

�� Note: 815.232 and 815.233 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 815 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 815.233 Enhancement of penalty for violation of ORS 815.232. A person otherwise convicted of a violation under ORS 815.232 (4) commits a misdemeanor if:

�� (1) The person has been convicted of three or more violations of ORS 815.232 (1) within 12 months immediately preceding the commission of the offense; and

�� (2) The prior convictions are admitted by the defendant or alleged in the accusatory pleading. [1991 c.601 �4; 1999 c.1051 �92]

�� Note: See note under 815.232.

(Mirrors)

�� 815.235 Operation without rearview mirror; exemptions; penalty. (1) A person commits the offense of operation without a rearview mirror if the person does any of the following:

�� (a) Drives or moves on any highway any motor vehicle that is not equipped with a rearview mirror or device that meets the requirements under this section.

�� (b) Owns a motor vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is not equipped with a rearview mirror or device that meets the requirements under this section.

�� (2) A rearview mirror or device only meets the requirements of this section if it enables the driver of the vehicle to have such a clear and unobstructed view of the rear at all times and under all conditions of load as will enable the driver to see any other vehicle approaching from not less than 200 feet in the rear on an unobstructed road.

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that were not equipped with rearview mirrors when originally manufactured.

�� (b) Road machinery, road rollers or farm tractors.

�� (c) Antique vehicles that are registered under ORS 805.010 and that were not equipped with rearview mirrors when originally manufactured.

�� (4) The offense described in this section, operation without a rearview mirror, is a Class C traffic violation. [1983 c.338 �493; 1985 c.69 �3; 2015 c.138 �33]

�� 815.237 Forward crossview mirror; failure to inspect; exemptions; penalty. (1) As used in this section, �forward crossview mirror� means a mirror or device that enables the driver of a motor truck to have a clear and unobstructed view of persons or objects directly in front of the motor truck.

�� (2) A person commits the offense of failure to inspect if the person operates a motor truck with a combined weight of more than 10,000 pounds used in commercial delivery and the person:

�� (a) Operates the motor truck without a forward crossview mirror; or

�� (b) Fails to visually inspect the intended path of the vehicle to verify that the path is free of persons or objects before the person reenters the motor truck.

�� (3) This section does not apply to:

�� (a) Commercial buses;

�� (b) Tow vehicles;

�� (c) Vehicles owned or operated by the United States or by any governmental jurisdiction within the United States except when owned or operated as a carrier of property for hire;

�� (d) Vehicles owned or operated by a mass transit district created under ORS chapter 267; or

�� (e) Vehicles used for solid waste or recycling collection.

�� (4) The offense described in this section, failure to inspect, is a Class C traffic violation. [2007 c.794 �3]

�� Note: 815.237 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 815 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

(Image Display Devices)

�� 815.240 Unlawful use of image display device; exemptions; penalty. (1) As used in this section, �image display device� means equipment capable of displaying to the driver of a motor vehicle:

�� (a) A broadcast television image; or

�� (b) A visual image from a digital video disc or video cassette player.

�� (2) Except as provided in subsection (3) of this section, a person commits the offense of unlawful use of an image display device if the person drives or moves on any highway, or owns and causes or knowingly permits to be driven or moved on any highway, any motor vehicle equipped with any image display device that is displaying a broadcast television image or a visual image from a digital video disc or video cassette player that is visible to the driver while operating the motor vehicle.

�� (3) Subsection (2) of this section does not apply to:

�� (a) Emergency vehicles; or

�� (b) Use of image display devices that are displaying images for navigational purposes.

�� (4) The offense described in this section, unlawful use of an image display device, is a Class B traffic violation. [1983 c.338 �494; 1985 c.69 �4; 2005 c.572 �1]

(Clearance)

�� 815.245 Violation of minimum clearance requirements for passenger vehicles; penalty. (1) A person commits the offense of violation of minimum clearance requirements for passenger vehicles if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway any passenger motor vehicle that does not have the clearance from the surface of the roadway required by this section.

�� (2) A vehicle does not have the clearance from the surface of the roadway required by this section if any portion of the vehicle, other than the wheels, has less clearance from the surface of a level roadway than the clearance between the roadway and the lowest portion of any rim of any wheel in contact with the roadway.

�� (3) The offense described in this section, violation of minimum clearance requirements for passenger vehicles, is a Class B traffic violation. [1983 c.338 �495]

(Exhaust System)

�� 815.250 Operation without proper exhaust system; exemptions; penalty. (1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.

�� (2) An exhaust system only meets the requirements of this section if all of the following apply:

�� (a) The exhaust system must be in good working order.

�� (b) The exhaust system must be in constant operation.

�� (c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:

�� Maximum

�� level,�� Model,

�� Vehicle type�� dBA�� Year

I.�� Motor vehicles

�� required to

�� establish a

�� registration

�� weight under

�� ORS 803.430

�� and commercial

�� buses�� 94�� before

�� 1976

�� 91�� 1976 and

�� after

II.�� Motorcycles and

�� mopeds�� 94�� before

�� 1976

�� 91�� 1976

�� 89�� after 1976

III. Motor vehicles

�� not described

�� under I or II�� 92�� before

�� 1976

�� 88�� 1976 and

�� after

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (b) Road machinery, road rollers or farm tractors.

�� (4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section.

�� (5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation. [1983 c.338 �496; 1985 c.16 �257; 1985 c.393 �23; 1997 c.402 �15; 2015 c.138 �34]

(Speedometer)

�� 815.255 Operation of vehicle for hire without speedometer; exemptions; penalty. (1) A person commits the offense of operation of a vehicle for hire without a speedometer if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle used for carrying passengers for hire that is not equipped with a speedometer or other registering device capable of registering accurately the speed at which the vehicle is operated.

�� (2) This section is subject to the following exemptions in addition to any exemptions under ORS

ORS 476.170

476.170, 476.210 to 476.270, 476.990 (1)(a) and 479.168 to 479.190 are remedial in nature and shall be construed liberally. [Amended by 2011 c.97 �2; 2023 c.347 �5]

�� 476.725 Statewide standards for residential carbon monoxide alarms; rules. (1) The State Fire Marshal shall adopt rules establishing minimum standards for carbon monoxide alarms in one and two family dwellings and multifamily housing. The rules adopted by the State Fire Marshal may include, but need not be limited to, rules establishing minimum standards for the design, inspection, testing and maintenance of carbon monoxide alarms.

�� (2) The State Fire Marshal shall adopt rules establishing standards for the placement and location of carbon monoxide alarms in one and two family dwellings and multifamily housing that were not subject to state building code requirements for carbon monoxide alarm placement or location at the time of construction.

�� (3) In adopting rules under this section, the State Fire Marshal shall give consideration to state building code requirements and any standards adopted by national safety organizations.

�� (4) Notwithstanding ORS 476.030, State Fire Marshal rules adopted under this section shall apply for all governmental subdivisions in the state. A governmental subdivision, as defined in ORS 476.005 may not enact or enforce any local ordinance, rule or regulation regarding the design, inspection, testing, maintenance, placement or location of carbon monoxide alarms. [2009 c.591 �4]

�� Note: 476.725 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.730 Notice prior to release or after escape of arsonist from state institution. (1) The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness shall, prior to the release, or immediately after the escape, from such institution of any person committed to such institution for arson or arsonist activity, notify the State Fire Marshal and the Department of State Police except that such notice shall not be required when such persons are on approved leave from such institutions for periods of not to exceed 10 days. The notice shall state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.

�� (2) Promptly upon receipt of the notice, the State Fire Marshal and the Department of State Police shall notify respectively the fire departments and rural fire protection districts who maintain full-time personnel and the sheriff and police departments of the county in which the person was convicted or from which the person was committed and the county, if known, in which the person will reside. [1957 c.245 ��1,2; 1959 c.26 �1; 1965 c.602 �16; 1987 c.320 �237; 2007 c.70 �271]

�� 476.735 Sky lantern prohibition. (1) As used in this section, �sky lantern� means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.

�� (2) A person may not release a sky lantern into the airspace of this state.

�� (3) Violation of this section is a Class A violation.

�� (4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:

�� (a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;

�� (b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;

�� (c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or

�� (d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. [2016 c.123 �1; 2021 c.539 �133]

Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.740 [1967 c.417 �12; repealed by 1971 c.743 �432]

�� 476.750 [1967 c.417 �14; repealed by 1971 c.743 �432]

REDUCED IGNITION PROPENSITY CIGARETTES

�� 476.755 Definitions for ORS 476.755 to 476.790 and 476.995. As used in ORS 476.755 to 476.790 and 476.995:

�� (1) �Cigarette� means a roll for smoking:

�� (a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other nontobacco materials; and

�� (b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

�� (2) �Distribute� means to do any of the following:

�� (a) Sell cigarettes or deliver cigarettes for sale by another person to consumers.

�� (b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers.

�� (c) Place cigarettes in vending machines.

�� (d) Sell or accept orders for cigarettes that are to be transported from a point outside this state to a consumer within this state.

�� (e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state.

�� (f) Give cigarettes as a sample, prize, gift or other promotion.

�� (3) �Manufacturer� means:

�� (a) An entity that produces, or causes the production of, cigarettes for sale in this state;

�� (b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or

�� (c) A successor to an entity, importer or first purchaser described in paragraph (a) or (b) of this subsection.

�� (4) �Packaging� includes, but is not limited to, cigarette soft packs, boxes, cartons and cases.

�� (5) �Quality control and assurance program� means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing.

�� (6) �Reduced ignition propensity� means meeting the fire safety performance standard described in ORS 476.770 (6).

�� (7) �Repeatability� means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time.

�� (8) �Retail dealer� means a person, other than a manufacturer or wholesale dealer, that engages in distributing cigarettes.

�� (9) �Sell� means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.

�� (10) �Variety� means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics as the State Fire Marshal may provide by rule.

�� (11) �Wholesale dealer� means a person that distributes cigarettes to:

�� (a) A retail dealer or other person for resale; or

�� (b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person. [2007 c.34 �1]

�� Note: 476.755 to 476.806 and 476.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.760 Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules. (1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to have reduced ignition propensity.

�� (2) Cigarette packaging may not bear a marking or other device identifying the packaged cigarettes as having reduced ignition propensity other than a packaging marking approved for use with those cigarettes by the State Fire Marshal under ORS

ORS 479.250

479.250 to 479.305. [1979 c.642 �9; 1999 c.307 �10]

�� 479.295 State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors. Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule:

�� (1) Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.305; and

�� (2) Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2). [1979 c.642 �10; 1989 c.247 �5; 1999 c.307 �11; 2001 c.411 �22; 2011 c.97 �8]

�� 479.297 Ionization smoke alarms; required equipment; exemptions. (1) All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery.

�� (2) All ionization smoke alarms sold in this state shall include a �hush� mechanism that allows a person to temporarily disengage the alarm for a period of not more than 15 minutes.

�� (3) The provisions of this section do not apply to:

�� (a) Smoke alarms specifically designed for persons who are hard of hearing;

�� (b) Smoke alarms sold in this state for shipment out of state; or

�� (c) Smoke alarms sold for installation in recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels or manufactured dwellings.

�� (4) The sale of a recreational vehicle, commercial vehicle, railroad equipment, aircraft, marine vessel or new manufactured dwelling containing a smoke alarm does not constitute sale of a smoke alarm. [1997 c.647 �2,3; 1999 c.307 �12; 2007 c.70 �274]

�� 479.300 Removing or tampering with smoke alarm or smoke detector prohibited. No person shall remove or tamper with a properly functioning smoke alarm or smoke detector installed in conformance with ORS 479.250 to 479.305. This prohibition includes removal of working batteries. [1979 c.642 �11; 1993 c.369 �22; 1999 c.307 �13]

�� 479.305 Smoking policy disclosure. (1) Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.

�� (2) This section does not apply to a rental agreement subject to ORS 90.505 to 90.850 for space in a facility as defined in ORS 90.100. [2009 c.127 �2]

�� 479.410 [Repealed by 1959 c.406 �34]

�� 479.420 [Repealed by 1959 c.406 �34]

�� 479.430 [Repealed by 1959 c.406 �34]

�� 479.440 [Amended by 1955 c.689 �1; 1957 c.429 �1; repealed by 1959 c.406 �34]

�� 479.450 [Repealed by 1959 c.406 �34]

ELECTRICAL SAFETY LAW

�� 479.510 Short title. ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law. [1959 c.406 �1; 1981 c.815 �2]

�� 479.520 Purpose. The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To accomplish this purpose the Legislative Assembly intends to provide a procedure:

�� (1) For determining where and by whom electrical installations are being made and where electrical products are sold in this state.

�� (2) To assure the public that persons making electrical installations in this state are qualified by experience and training.

�� (3) To assure the public that electrical installations meet minimum safety standards and that electrical products meet electrical product safety standards.

�� (4) For the administration and enforcement of the Electrical Safety Law by the Department of Consumer and Business Services and the Electrical and Elevator Board.

�� (5) By which the cost of administering and enforcing the Electrical Safety Law is defrayed by the collection of fees in connection with the issuing of permits and electrical licenses and the collection of civil penalties. [1959 c.406 �2; 1981 c.815 �3; 1987 c.414 �33; 1993 c.744 �117; 2003 c.299 �1; 2011 c.597 �220]

�� 479.525 Application of Electrical Safety Law; uniformity. Except as provided in ORS 479.854, the Electrical Safety Law shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the Electrical Safety Law. [1983 c.580 �3]

�� 479.527 [1985 c.826 �2; repealed by 1987 c.874 �1]

�� 479.530 Definitions for ORS 479.510 to 479.945 and 479.995. As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise:

�� (1) �Approved testing laboratory� means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services with the approval of the Electrical and Elevator Board under ORS 479.730.

�� (2) �Board� means the Electrical and Elevator Board established under ORS 455.138.

�� (3) �Certified electrical product� means an electrical product that is certified under ORS

ORS 479.255

479.255 (2) or (3), the State Fire Marshal or local fire official may issue a citation which shall substantially conform to the requirements for a citation under ORS chapter 153. [1979 c.642 �7; 1981 c.309 �1; 1989 c.247 �6; 1999 c.307 �8; 1999 c.1051 �135]

�� 479.285 Owner to maintain and test certain smoke alarms and smoke detectors. Where the smoke alarm or smoke detector is located in a common area of a lodging house, the owner or the owner�s authorized agent shall be responsible for maintenance of the required smoke alarm or smoke detector and for performing such tests as are recommended by the manufacturer and is not required to provide notice of instructions under ORS

ORS 479.270

479.270. Testing intervals shall not exceed six months. [1979 c.642 �8; 1993 c.369 �21; 1999 c.307 �9]

�� 479.290 Certain persons not liable for damages resulting from mechanical failure of smoke alarm or smoke detector. The owner, owner�s authorized agent, tenant, contract seller or contract purchaser of a dwelling unit shall not be held liable in any civil action for damages for death or injury to persons or property resulting from the mechanical failure of a smoke alarm or smoke detector required under ORS

ORS 479.280

479.280 and 479.295 in a form and manner as specified by rule by the State Fire Marshal. [1989 c.247 �4]

�� 479.260 Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited. (1) A person may not convey fee title to any real property that includes a dwelling unit or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or the required number of approved smoke alarms, installed in accordance with the state building code and rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms required by this subsection must meet the requirements of ORS 479.297.

�� (2)(a) A person may not convey ownership or transfer possession of any manufactured dwelling, as defined in ORS 446.003, unless there is installed in the manufactured dwelling the required number of approved smoke alarms or smoke detectors, installed in accordance with the state building code or with the federal manufactured dwelling construction and safety standards adopted under ORS

ORS 479.760

479.760 and that is not decertified.

�� (4) �Competent inspection service� means an electrical inspection service of a city or county administered under ORS 455.148 or 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

�� (5) �Commercial electrical air conditioning equipment� means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

�� (6) �Demarcation point� means the place of interconnection between the communications cabling, terminal equipment or protective apparatus of the telecommunications service provider and the customer�s premises.

�� (7) �Department� means the Department of Consumer and Business Services.

�� (8) �Director� means the Director of the Department of Consumer and Business Services.

�� (9) �Dwelling unit� means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (10) �Electrical installations� means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. �Electrical installation� also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. �Electrical installation� does not include an oil module.

�� (11) �Electrical product� means any electrical equipment, material, device or apparatus that, except as provided in ORS 479.540, requires a license or permit to install and either conveys or is operated by electrical current.

�� (12) �Equipment� means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

�� (13) �Field evaluation firm� means an independent organization that provides:

�� (a) Evaluations or testing, or both; and

�� (b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

�� (14) �Industrial electrical equipment� means electrical products used in industry or government that utilize electric energy for mechanical, chemical, heating, lighting or similar purposes, that are designed to service or produce a product and that are used directly in the production of the service or product.

�� (15) �Installation label� means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

�� (16) �License� means a permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, electrical apprentice or limited elevator journeyman as indicated thereon.

�� (17) �Minimum safety standards� means safety standards prescribed by concurrence of the board and the director under ORS 479.730.

�� (18) �Multifamily dwelling� means a building containing more than one dwelling unit.

�� (19) �Oil module� means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

�� (20) �Permit� means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

�� (21) �Single family dwelling� means a building consisting solely of one dwelling unit.

�� (22) �Telecommunications service provider� means a telecommunications carrier as defined in ORS 133.721 or a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005.

�� (23) �Uncertified product� means any electrical product that is not an electrical product certified under ORS 479.760. [1959 c.406 �3; 1971 c.753 �55; 1973 c.834 �35; 1981 c.815 �4; 1983 c.733 �1; 1985 c.826 �3; 1987 c.414 �34; 1987 c.575 �4; 1987 c.874 �2; 1993 c.744 �118; 1995 c.706 �1; 1999 c.59 �159; 1999 c.1031 �1; 2001 c.573 �16; 2003 c.222 �1; 2003 c.299 �2; 2005 c.435 �2; 2007 c.271 �3; 2011 c.9 �67]

�� 479.540 Exemptions; rules. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on residential or farm property that is owned by the person or a member of the person�s immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

�� (a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

�� (b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, �new electrical installations or substantial alterations� does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord�s agent or the employee of the landlord or landlord�s agent.

�� (2) An electrical contractor license is not required in connection with an electrical installation:

�� (a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

�� (b) Of ignition or lighting systems for motor vehicles.

�� (c) To be made by a person on the person�s property in connection with the person�s business.

�� (d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721, competitive telecommunications provider as defined in ORS 759.005 or municipality for generation, transmission or distribution of electricity on property that the utility, carrier, provider or municipality owns or manages.

�� (3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

�� (4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority�s regular maintenance staff.

�� (b) A license is not required for:

�� (A) Temporary demonstrations;

�� (B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

�� (C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

�� (c) For the purposes of this subsection, �qualified employee� means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

�� (5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

�� (a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;

�� (b) To electrical installations made by or for a public utility, consumer-owned utility, telecommunications carrier or competitive telecommunications provider if the electrical installations are an integral part of the equipment or electrical products of the utility, carrier or provider; or

�� (c) To any electrical generation plant owned or operated by a municipality to the same extent that a utility, telecommunications carrier or competitive telecommunications provider is exempted under paragraphs (a) and (b) of this subsection.

�� (6) A permit is not required:

�� (a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

�� (b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS

ORS 479.945

479.945;

�� (3) A tow truck operator performing work for a towing business certified under ORS 822.205;

�� (4) A construction contractor licensed under this chapter or an owner, officer or employee of the licensed construction contractor, when acting within the scope of the contractor�s license, if the contractor, owner, officer or employee does not hold out as a provider of locksmith services;

�� (5) Work performed by a manufacturer on a manufactured structure, modular building or structure or prefabricated structure that is or was produced by the manufacturer;

�� (6) A property owner or regular employee of the property owner, when performing work on the property;

�� (7) A property management company or the regular employee of a property management company, when performing work on the managed property;

�� (8) A real estate property manager as defined in ORS 696.010, or the employee of a property manager, performing work in the course of managing rental real estate;

�� (9) A landlord or landlord�s agent, both as defined in ORS 90.100;

�� (10) A manufacturer of locks; or

�� (11) A person performing work as the representative of a manufacturer, wholesaler, distributor or retailer of locks. [2009 c.781 �5]

�� 701.495 Residential locksmith services contractor license; exemption from testing and continuing education. (1) A residential locksmith services contractor license authorizes the holder to operate a business providing the services of locksmiths as defined in ORS

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 59.145

59.145 and 59.165, insofar as federal covered investment advisers or state investment advisers are concerned, apply when an act instrumental in effecting prohibited conduct is done in this state, whether or not either party is then present in this state. [1967 c.537 �31(1), (2), (6); 1987 c.603 �29; 1997 c.772 �27; 2003 c.631 �6; 2005 c.22 �39]

�� 59.340 [Amended by 1963 c.244 �7; repealed by 1967 c.537 �36]

�� 59.345 When offer to sell or buy is made in this state. (1) For the purpose of ORS 59.335, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:

�� (a) Originates from this state; or

�� (b) Is directed by the offeror to this state and received at the place to which it is directed (or at any post office in this state in the case of a mailed offer).

�� (2)(a) For the purpose of ORS 59.335, an offer to buy or to sell is accepted in this state when acceptance:

�� (A) Is communicated to the offeror in this state; and

�� (B) Has not previously been communicated to the offeror, orally or in writing, outside this state.

�� (b) Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed (or at any post office in this state in the case of a mailed acceptance).

�� (3) An offer to sell or to buy is not made in this state solely because:

�� (a) A publisher circulates or there is circulated on behalf of the publisher in this state any bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or

�� (b) A radio or television program originating outside this state is received in this state. [1967 c.537 �31(3),(4),(5)]

�� 59.350 Treatment of certain transactions. For purposes of ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995:

�� (1) A transaction with spouses married to each other is treated as a transaction with one person. The securities may be held jointly or individually.

�� (2) A transaction with an entity is treated as a transaction with one person. However, if an entity is formed substantially for the purpose of acquiring the securities that are offered, each security holder shall be counted as a separate person. [1985 c.349 �11; 2015 c.629 �4]

�� 59.355 Corporations subject to other laws. Nothing in the Oregon Securities Law relieves a corporation from making reports required by law to be made to the Director of the Department of Consumer and Business Services or to any other state officer, or from paying the fees to be paid by corporations. The Oregon Securities Law:

�� (1) Does not repeal any law regulating the organization of corporations in this state or the admission of any foreign corporation.

�� (2) Is additional to any provisions regulating the organization of a corporation under the laws of this state or the admission of a foreign corporation to do business in this state. [1967 c.537 �32]

�� 59.365 Common-law and statutory rights not limited. Nothing in the Oregon Securities Law limits any statutory or common-law right of a person to bring an action in any court for an act involved in the sale of securities, or the right of the state to punish a person for a violation of any law. [1967 c.537 �33]

�� 59.370 Limitation on liability for good faith act or omission; reports regarding salespersons or investment adviser representatives; limitation on liability related to reports; rules. (1) Provisions of the Oregon Securities Law imposing civil or criminal liability do not apply to an act done or omitted in good faith in conformity with a rule or order of the Director of the Department of Consumer and Business Services, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

�� (2) A broker-dealer, federal covered investment adviser or state investment adviser shall report information to the director regarding salespersons or investment adviser representatives licensed to the broker-dealer, federal covered investment adviser or state investment adviser. The director, by rule, shall establish the reporting requirements under this subsection. In adopting rules under this subsection, the director shall consider and to the greatest extent practicable adopt the applicable public reporting requirements of the National Association of Securities Dealers, Inc., and the federal Securities and Exchange Commission.

�� (3) A broker-dealer, federal covered investment adviser or state investment adviser is not liable in any civil action by or on behalf of a salesperson or an investment adviser representative, including counterclaims, third-party claims or cross-claims, that is related to an alleged untrue statement made in connection with a report made under subsection (2) of this section, unless the salesperson or investment adviser representative shows by clear and convincing evidence that:

�� (a) The broker-dealer, federal covered investment adviser or state investment adviser knew at the time the report was made that the report contained a statement regarding the salesperson or investment adviser representative that was false in any material respect; or

�� (b) The broker-dealer, federal covered investment adviser or state investment adviser acted in reckless disregard as to the statement�s truth or falsity. [1987 c.603 �21; 2001 c.434 �1]

�� 59.375 [1967 c.537 �34; repealed by 1987 c.603 �30]

�� 59.405 [1971 c.641 �3; 1975 c.491 �4; repealed by 1987 c.603 �30]

�� 59.410 [Repealed by 1967 c.537 �36]

�� 59.415 [1971 c.641 �4; 1981 c.897 �11; repealed by 1987 c.603 �30]

�� 59.420 [Repealed by 1967 c.537 �36]

�� 59.425 [1971 c.641 �5; repealed by 1987 c.603 �30]

�� 59.430 [Repealed by 1967 c.537 �36]

�� 59.435 [1971 c.641 �6; 1981 c.897 �12; repealed by 1987 c.603 �30]

�� 59.440 [Repealed by 1967 c.537 �36]

�� 59.445 [1971 c.641 �7; repealed by 1987 c.603 �30]

�� 59.450 [Repealed by 1967 c.537 �36]

(Required Reports and Statements)

�� 59.451 Prohibition against filing false statement by person under investigation or examination. It is unlawful for any person who is the subject of an investigation under ORS 59.245 or examination under ORS 59.235, directly or indirectly, to make or file or cause to be made or filed with the Director of the Department of Consumer and Business Services any statement, report or document which is false in any material respect or manner. [1985 c.349 �25]

(Financial Exploitation of Vulnerable Persons)

�� 59.480 Definitions for ORS 59.480 to 59.505. As used in ORS 59.480 to 59.505:

�� (1)(a) �Financial exploitation� means:

�� (A) Wrongfully taking assets, funds or property belonging to or intended for the use of another person;

�� (B) Alarming another person by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out;

�� (C) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by another person; or

�� (D) Using the income or assets of another person for purposes other than the support and maintenance of the person without the person�s consent.

�� (b) �Financial exploitation� does not include a transfer of money or property that is made for the purpose of qualifying a person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer.

�� (2) �Financial institution� has the meaning given that term in ORS 706.008.

�� (3) �Qualified individual� means an individual who is:

�� (a) A salesperson;

�� (b) An investment adviser representative; or

�� (c) A person who serves in a supervisory, compliance or legal capacity for a broker-dealer or state investment adviser, or who is otherwise identified in the written supervisory procedures of a broker-dealer or state investment adviser.

�� (4) �Trust company� has the meaning given that term in ORS 706.008.

�� (5) �Vulnerable person� has the meaning given that term in ORS 124.100. [2017 c.514 �2]

�� 59.485 Required reporting by certain securities professionals of suspected financial exploitation. (1) Except as provided in subsection (4) of this section, a qualified individual who has reasonable cause to believe that financial exploitation of a vulnerable person with whom the qualified individual comes into contact has occurred, has been attempted or is being attempted shall, as soon as is practicable, notify the Department of Consumer and Business Services, either orally or in writing.

�� (2) A notification made under subsection (1) of this section must include the following information, if known:

�� (a) The identity and address of the vulnerable person;

�� (b) The identity of all persons that the qualified individual believes are responsible for the suspected or attempted financial exploitation; and

�� (c) The nature and extent of the suspected or attempted financial exploitation.

�� (3) Upon receipt of a notification under subsection (1) of this section, the department shall:

�� (a) Immediately forward the notification to the Department of Human Services;

�� (b) If it reasonably appears that a violation of the Oregon Securities Law or rules adopted thereunder has occurred or is occurring, promptly investigate the suspected or attempted financial exploitation; and

�� (c) If it reasonably appears that a crime has been committed or attempted, promptly notify a law enforcement agency.

�� (4) Subsection (1) of this section does not apply to a qualified individual who is employed by a financial institution or trust company. [2017 c.514 �3]

�� 59.490 Notifications to third parties. (1) If a qualified individual has reasonable cause to believe that financial exploitation of a vulnerable person with whom the qualified individual comes into contact has occurred, has been attempted or is being attempted, the qualified individual may notify any third party who was previously designated by the vulnerable person to receive information from the qualified individual regarding the vulnerable person, or whom the qualified individual is otherwise permitted to notify under state or federal law or customer agreement.

�� (2) Disclosure may not be made under this section to any third party that is suspected of actual or attempted financial exploitation or other abuse of the vulnerable person. [2017 c.514 �4]

�� 59.495 Delay of disbursements; notifications. (1) A broker-dealer or state investment adviser may delay a disbursement from an account of a vulnerable person or an account on which a vulnerable person is a beneficiary if:

�� (a) The broker-dealer, the state investment adviser or a qualified individual reasonably believes that the requested disbursement might result in financial exploitation of a vulnerable person; and

�� (b) The broker-dealer or state investment adviser:

�� (A) Within two business days of the request for disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, except to any party that is suspected to have engaged in actual or attempted financial exploitation of the vulnerable person;

�� (B) Within two business days of the request for disbursement, notifies the Department of Consumer and Business Services and the Department of Human Services of the delay and the reason for the delay; and

�� (C) Conducts an internal review of the suspected financial exploitation and reports the results of the review to the Department of Consumer and Business Services and the Department of Human Services.

�� (2) A delay of a disbursement under this section may not extend beyond the earlier of:

�� (a) Fifteen business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds; or

�� (b) The date on which a determination is made by the broker-dealer or state investment adviser that the disbursement will not result in financial exploitation of the vulnerable person.

�� (3) Notwithstanding subsection (2) of this section, upon request of the Department of Consumer and Business Services, a delay of a disbursement under this section may extend beyond 15 business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds, but not beyond the earliest of:

�� (a) Twenty-five business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds;

�� (b) The date on which an order terminating the delay is entered by a court of competent jurisdiction; or

�� (c) The date on which the department issues an order terminating the delay.

�� (4) The department or a broker-dealer or state investment adviser that initiated a delay of a disbursement under this section may petition a court of competent jurisdiction for an order delaying or enjoining a disbursement of funds or for other protective relief on the grounds that financial exploitation of a vulnerable person is otherwise likely to occur. [2017 c.514 �5]

�� 59.500 Limitation on liability. Qualified individuals, broker-dealers and state investment advisers are not liable under state law for the following actions, if performed in good faith, with reasonable cause and with the exercise of reasonable care:

�� (1) Disclosing information under ORS 59.485, 59.490 or 59.505;

�� (2) Failing to notify a vulnerable person of a disclosure of information under ORS 59.485,

ORS 628.370

628.370 and 628.990 (2) shall be furnished each applicant for a license. One copy shall be posted in a conspicuous place in the plant operated by the licensee.

�� 628.270 Prohibition against employees with communicable disease in plant; health certificate; rules. (1) The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in refrigerated locker plants.

�� (2) A person who has a communicable or infectious disease described in subsection (1) of this section may not be permitted to work in or about any refrigerated locker plant or to handle any food in connection with the operation of such plant.

�� (3) In the discretion of the State Department of Agriculture, an employee of a locker plant may be required to furnish a certificate of health from a physician, naturopathic physician, physician associate or nurse practitioner duly accredited by the authority for the purpose of issuing such certificates. If such certificate is required under municipal ordinance upon examination deemed adequate by the authority, a certificate issued in compliance with such ordinance is sufficient under this section.

�� (4) Any health certificate required by this section shall be revoked by the authority at any time that the holder thereof is found, upon physical examination of such holder, to have any communicable or infectious disease. Refusal of any person employed in such locker plant to submit to proper and reasonable physical examination, upon written demand by the authority or the department, is cause for revocation of the employee�s health certificate and also is sufficient reason for revocation of the locker plant�s license unless the employee immediately is removed from any work or operation in or about such locker plant involving the handling of food. [Amended by 1973 c.829 �56; 1989 c.224 �122; 2009 c.595 �1039; 2014 c.45 �71; 2017 c.356 �81; 2024 c.73 �109]

�� 628.280 Inspection of plants; maintenance in sanitary condition. The State Department of Agriculture shall cause a thorough inspection of every plant or establishment licensed under ORS 628.220 to 628.240 to be made periodically, to determine whether or not the premises and equipment used in connection therewith are constructed, maintained and operated in accordance with the requirements of ORS 628.210 to 628.370 and with the rules and regulations of the department thereunder promulgated. Such locker plants shall be maintained in a clean, healthful and sanitary condition at all times.

�� 628.290 Sanitary and safety requirements. (1) Each refrigerated locker plant wherein food is handled, wrapped or processed shall have available, and maintain in a clean, healthful and sanitary condition, a washroom with hot and cold running water.

�� (2) Each refrigerated room with a temperature below 30 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with safety light or lights burning continuously during all times when the plant is open and so located as to assure easy exit from the refrigerated room. Switches for safety lights shall be so located or installed that the public cannot regulate their �on� and �off� positions.

�� (3) Each refrigerated room with a temperature below 12 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with a distress signal, plainly marked as such for use by patrons. The distress signal alarm may be located at a place outside the locker plant. The refrigerated room shall be accessible to the public only at such times as an attendant is within hearing distance of the distress signal alarm. The distress signal when activated shall perform continuously until arrested by a second operation. The distress signal shall produce a distinctive sound capable of being heard and distinguished by an attendant from any other signal. The operator of the locker room or the employee of the operator shall test the distress signal on each day on which the public has access to the refrigerated room.

�� (4) Subsection (3) of this section does not apply if an operating extension telephone, plainly marked for use by patrons as a distress signal, is located inside the refrigerated room at a convenient height not to exceed four feet above floor level.

�� (5) All refrigerator doors shall be so constructed as to be opened from either the inside or outside of any room or compartment to which they give access, and shall be so maintained as to assure that such doors will open freely at all times.

�� (6) All machinery or other devices dangerous to the public shall be adequately covered and guarded to protect locker room tenants against injury. [Amended by 1955 c.174 �2]

�� 628.300 Maintaining uniform temperatures; records. (1) The refrigeration system of a refrigerated locker plant shall be equipped with accurate controls for the maintenance of uniform temperatures as required in this section in the various refrigerated rooms of such plant and shall be of adequate capacity to provide under extreme conditions of outside temperatures and under peak load conditions in the normal operation of such plant, the following temperatures in the following rooms respectively:

�� (a) Chill room temperature shall be within four degrees Fahrenheit plus or minus of 36 degrees above zero Fahrenheit, with a tolerance of 10 degrees Fahrenheit for 24 hours after fresh food is put in such room for chilling.

�� (b) In all locker plants operating on July 5, 1947, the locker room temperature shall not exceed 12 degrees Fahrenheit plus. In all locker plants, the construction of which is begun after July 5, 1947, the locker room temperature shall not exceed five degrees Fahrenheit plus.

�� (2) The temperatures required by subsection (1) of this section shall not be construed as prohibiting variations therefrom due to defrosting, power failure or any emergency breakdown.

�� (3) An accurate direct reading thermometer shall be maintained in the chill room. An accurate self-registering or self-recording thermometer shall be maintained in each locker room or in each series of rooms through which the same air circulates. The discs or other temperature records made by such instruments shall be signed by the person in charge of the plant and shall be preserved at such plant for at least one year from the date of recording. Such temperature-recording equipment and the recordings thereby made, are subject to inspection and testing by the State Department of Agriculture to determine their accuracy.

�� 628.310 Use of nontoxic marking. In applying marks directly to meat or other food products, the operator of a refrigerated locker room shall use only nontoxic ink or other harmless substance.

�� 628.320 Inspection of food; storage outside lockers. The operator or person in charge of a refrigerated locker room shall have the right to inspect all food or any item before it is placed in any locker. Nothing shall be stored outside of the lockers in a locker room without being labeled and wrapped or otherwise properly covered.

�� 628.330 Fresh meats, identification and chilling. All fresh carcass meats on coming into custody or possession of the operator or owner of a refrigerated locker plant shall be identified with suitable tag or stamp and shall be placed in the chill room, unless previously chilled, for at least 24 hours before removal to the cutting room.

�� 628.340 Fish and wild game. All fish shall be so handled, placed and stored as to protect other stored foods and the plant equipment from fish flavors and fish odors. Fish and wild game shall be stored and handled only in conformity with fish and game laws of this state and regulations thereunder promulgated. Owners, operators or persons in charge of refrigerated locker plants shall not be held responsible or liable for violations of such laws and regulations by locker tenants.

�� 628.350 Rules and regulations. The State Department of Agriculture may make and enforce reasonable rules and regulations to carry out the provisions of ORS 628.210 to 628.370.

�� 628.360 Owners and operators of locker plants not warehousemen. Persons who own or operate refrigerated locker plants shall not be deemed to be warehousemen, nor shall receipts or other instruments issued by such persons in the ordinary conduct of their business be deemed to be negotiable warehouse receipts.

�� 628.370 Jurisdiction and prosecution of violations of ORS 628.210 to 628.370. Justice courts shall have concurrent jurisdiction with the circuit court of all prosecutions arising under ORS 628.210 to 628.370. The district attorney may institute prosecutions for violations of ORS 628.210 to 628.370 by information, or the prosecutions may be instituted by indictment or complaint verified before any magistrate.

�� 628.380 [Amended by 1979 c.499 �27; repealed by 1987 c.905 �37]

�� 628.990 Criminal penalties. Violation of ORS 628.210 to 628.370 is a Class A misdemeanor. [Amended by 1953 c.114 �2; 2011 c.597 �254]

�� 628.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 628.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 628.210 to 628.370 or of rules or regulations adopted under ORS 628.210 to 628.370. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

�� (2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

�� (3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

�� (4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 �22]

CHAPTERS 629 TO 631

�[Reserved for expansion]

ORS 682.025

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.

�� (b) �Staff member� has the meaning given that term in ORS 163.165. [2009 c.783 �2; 2011 c.703 �28; 2012 c.54 �27; 2013 c.477 �1; 2015 c.614 �151]

�� Note: 166.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag.

�� (2) As used in this section and ORS 166.085, �abuse� means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.

�� (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 �224; 1995 c.261 �2]

�� 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

�� (a) Intentionally destroys, mutilates, defaces, injures or removes any:

�� (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

�� (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

�� (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

�� (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

�� (2) Abuse of a memorial to the dead is a Class A misdemeanor.

�� (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

�� (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

�� (B) The person violates subsection (1)(c) of this section.

�� (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

�� (4) This section does not apply to a person who is the burial right owner or that person�s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person�s legal capacity and the person�s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

�� (5) As used in this section, �historic cemetery� means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 �1; 1999 c.731 �12; 2003 c.291 �1; 2005 c.22 �113]

�� Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

�� (a) Abuses a corpse; or

�� (b) Disinters, removes or carries away a corpse.

�� (2) Abuse of corpse in the second degree is a Class C felony.

�� (3) As used in this section and ORS 166.087, �abuse of corpse� includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 �225; 1985 c.207 �2; 1993 c.294 �1]

�� 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

�� (a) Engages in sexual activity with a corpse or involving a corpse; or

�� (b) Dismembers, mutilates, cuts or strikes a corpse.

�� (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 �2]

�� Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

�� (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

�� (b) By causing such other person�s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

�� (c) By sending to, or leaving at, the other person�s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

�� (2) Telephonic harassment is a Class B misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 �2; 1999 c.115 �1; 2005 c.752 �1]

�� 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

�� (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

�� (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

�� (2) As used in this section:

�� (a) �Emergency call� means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

�� (b) �Party line� means a subscriber�s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

�� (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

�� (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 �288; 2005 c.22 �114]

�� 166.110 [Amended by 1961 c.503 �2; repealed by 1971 c.743 �432]

�� 166.115 [1981 c.783 �3; repealed by 2001 c.851 �2 (166.116 enacted in lieu of 166.115)]

�� 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

�� (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

�� (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

�� (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;

�� (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or

�� (e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.

�� (2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

�� (b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Enter or remain unlawfully� has the meaning given that term in ORS 164.205.

�� (c) �Public transit station� includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

�� (d) �Public transit vehicle� means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

�� (e) �Public transportation� means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 �3 (enacted in lieu of 166.115); 2005 c.631 �4; 2017 c.454 �1; 2024 c.58 �1]

�� 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:

�� (a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

�� (b) Making noise that unreasonably disturbs the peace within the facility;

�� (c) Trespassing on the facility or the common areas of the real property upon which the facility is located;

�� (d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:

�� (A) The person has no communicative purpose; or

�� (B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or

�� (e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual�s family, when the threat would reasonably be expected to cause alarm.

�� (2) Interfering with a health care facility is a Class A misdemeanor.

�� (3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

�� (b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.

�� (4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual�s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

�� (5) As used in this section:

�� (a) �Health care facility� means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider�s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.

�� (b) �Health care provider� means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 �45]

�� 166.120 [Repealed by 1971 c.743 �432]

�� 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128:

�� (1) �Critical infrastructure� means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.

�� (2) �Destructive device� has the meaning given that term in ORS 166.382.

�� (3) �Toxic substance� means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.

�� (4) �Widespread� means impacting at least 50 human beings. [2023 c.608 �1]

�� 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally destroys or substantially damages critical infrastructure; or

�� (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the first degree is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 �2]

�� 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;

�� (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;

�� (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or

�� (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the second degree is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 �3]

�� 166.130 [Repealed by 1971 c.743 �432]

�� 166.140 [Repealed by 1971 c.743 �432]

�� 166.150 [Repealed by 1971 c.743 �432]

BIAS CRIME

�� 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:

�� (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) Intentionally subjects another person to offensive physical contact because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person�s family, subjects the other person to alarm by threatening:

�� (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person�s family; or

�� (B) To cause substantial damage to the property of the other person or of a member of the other person�s family.

�� (2) A bias crime in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.165:

�� (a) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

�� (b) �Property� means any tangible personal property or real property. [1981 c.785 �1; 1983 c.521 �1; 1989 c.1029 �1; 2007 c.100 �18; 2011 c.421 �1; 2019 c.553 �1]

�� 166.160 [Repealed by 1971 c.743 �432]

�� 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person:

�� (a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of another person�s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

�� (2) A bias crime in the first degree is a Class C felony. [1981 c.785 �2; 1983 c.521 �2; 1989 c.1029 �2; 1993 c.332 �1; 1995 c.79 �53; 1997 c.249 �50; 2007 c.100 �19; 2011 c.421 �2; 2019 c.553 �2]

�� 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

�� (1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

�� (2) Anti-bias training. [2021 c.393 �3]

AUTHORITY TO REGULATE FIREARMS

�� 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

�� (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 �1]

�� 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm in the course of lawful hunting.

�� (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

�� (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

�� (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �2; 2009 c.556 �1]

�� 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city�s boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �3; 2009 c.556 �2]

�� 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

�� (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

�� (a) A law enforcement officer.

�� (b) A member of the military in the performance of official duty.

�� (c) A person licensed to carry a concealed handgun.

�� (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

�� (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

�� (f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 �4; 1999 c.782 �8; 2009 c.556 �3; 2015 c.709 �1]

�� 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 �5]

�� 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

�� (2) As used in this section, �secondhand store� means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 �6]

�� 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

�� (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

�� (b) Regulated, restricted or prohibited the discharge of firearms.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.

�� (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 �1; 2009 c.556 �4]

POSSESSION AND USE OF WEAPONS

(Generally)

�� 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 �162]

�� 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly

ORS 701.105

701.105]

�� 701.075 [1971 c.740 �9; 1973 c.832 �56; 1979 c.312 �2; 1981 c.618 �12; 1989 c.624 �2; 1989 c.870 �2; 1989 c.928 �7; 1995 c.216 �6; 1999 c.344 �1; 1999 c.402 �18a; 2001 c.160 �2; 2001 c.196 �5; 2003 c.675 �73; 2005 c.432 �9; 2007 c.478 �2; 2007 c.648 �24; 2007 c.836 �58a; renumbered 701.046 in 2007]

�� 701.077 [2005 c.432 �4; 2007 c.648 �25; renumbered 701.094 in 2007]

�� 701.078 [2005 c.432 �3; 2007 c.113 �1; 2007 c.648 �26; 2007 c.836 �21; renumbered 701.091 in 2007]

�� 701.080 [1979 c.312 �5; 1983 c.616 �9; 1989 c.928 �8; 1997 c.301 �1; 1999 c.402 �20; renumbered 701.117 in 2007]

�� 701.081 Residential contractors; bond; insurance; responsible managing individual. (1) A residential general contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $500,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (2) A residential specialty contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $20,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $300,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (3) A residential limited contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $100,000; and

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091.

�� (4) A residential developer shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000.

�� (5) A residential locksmith services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have a responsible managing individual for the business who is certified as a locksmith under ORS 701.485.

�� (6) A home inspector services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have a responsible managing individual for the business who is certified as a home inspector under ORS 701.445.

�� (7) A home services contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000.

�� (8) A home energy performance score contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000; and

�� (c) Have an owner or employee that is certified by the board as a home energy assessor.

�� (9) A residential restoration contractor shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $15,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $100,000. [2007 c.836 �3; 2013 c.300 �9; 2013 c.383 �11; 2015 c.498 �6; 2023 c.254 �1]

�� 701.082 Residential contractor continuing education requirements; exemptions. (1)(a) Except as provided in subsections (2) and (6) of this section and ORS 701.083, to qualify for the renewal of a residential contractor license the licensee must complete eight hours of continuing education during the two-year licensing period preceding the renewal.

�� (b) Three of the hours required under paragraph (a) of this subsection must be education regarding laws, regulations and business practices. The Construction Contractors Board shall develop materials for the education. The education must be offered by the board or by an approved continuing education provider acting under an agreement with the board.

�� (c) Five of the hours required under paragraph (a) of this subsection must be education from approved providers and be courses the board has approved as continuing education regarding one or more of the following:

�� (A) Construction business practices.

�� (B) Marketing.

�� (C) Customer service.

�� (D) Accounting.

�� (E) Business law.

�� (F) Bidding.

�� (G) Building codes.

�� (H) Safety.

�� (I) Energy efficiency.

�� (J) Trade specific subjects, such as roofing, excavation or exterior shell construction.

�� (K) Other subjects that the board determines by rule to be appropriate.

�� (2)(a) In addition to completing the continuing education required under subsection (1) of this section, to qualify for the renewal of a residential contractor license the licensee must complete an additional eight hours of continuing education during the two-year licensing period preceding the renewal if the residential contractor was not licensed by the board as a residential contractor during any part of the six-year period immediately preceding the renewal.

�� (b) Continuing education that is required of a residential contractor under paragraph (a) of this subsection must be offered by an approved continuing education provider or the board. The education may be in any subject described in subsection (1) of this section related to construction or the business of the residential contractor.

�� (3) A residential contractor applying for the renewal of a license shall certify the number of continuing education hours completed by the contractor during the two-year period immediately preceding the renewal. The board may require verification of certified continuing education hours described in subsection (1)(c) of this section.

�� (4) Notwithstanding subsections (1) to (3) of this section, the board may adopt rules to adjust the period allowed for the completion of continuing education when the renewing residential contractor holds a lapsed license described under ORS 701.063 (4).

�� (5) Subsections (1) to (4) of this section do not apply to a residential contractor endorsed only as a residential developer.

�� (6) The board may exempt residential contractors from continuing education requirements under this section. The board may create exemptions under this subsection by rule or may grant an exemption on a case-by-case basis. [2013 c.718 �4]

�� 701.083 Residential contractor specialized education programs. The Construction Contractors Board may allow a residential contractor to participate in a specialized education program under ORS 701.120 in lieu of completing continuing education described in ORS 701.082 (1)(c). The board may establish a minimum number of specialized education program hours or courses that the residential contractor must complete during a two-year period to substitute for all or part of the required continuing education hours. If the specialized education program provides training in one- and two-family dwelling construction, the board may approve the specialized education program as a substitute for continuing education only if the program meets the program criteria described in ORS 455.805 (3) and Department of Consumer and Business Services rules adopted under ORS 455.810. [2013 c.718 �5]

�� 701.084 Commercial contractors; bond; insurance; responsible managing individual; key employees. (1) A commercial general contractor level 1 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $80,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $2 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.

�� (2) A commercial specialty contractor level 1 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $55,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $1 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.

�� (3) A commercial general contractor level 2 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $1 million;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.

�� (4) A commercial specialty contractor level 2 shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000;

�� (c) Have a responsible managing individual who meets the requirements of ORS 701.091; and

�� (d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.

�� (5) A commercial developer shall:

�� (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and

�� (b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000. [2007 c.836 �4; 2008 c.5 �1; 2023 c.254 �2]

�� 701.085 [1971 c.740 �10; 1975 c.383 �4; 1975 c.721 �3; 1979 c.874 �2; 1981 c.618 �1; 1983 c.616 �10; 1989 c.430 �3; 1989 c.624 �3; 1989 c.928 �10; 1991 c.181 �4; 1995 c.771 �2; 1997 c.301 �2; 1999 c.325 �3; 1999 c.344 �2; 1999 c.402 �21a; 2001 c.157 �1; 2001 c.196 �6; 2001 c.197 �12; 2003 c.675 �74; 2007 c.648 �22; 2007 c.793 �7; 2007 c.836 �61; renumbered 701.068 in 2007]

�� 701.086 Key employee continuing education. (1) A commercial general contractor level 1 or commercial specialty contractor level 1 shall have a key employee, or combination of key employees, who completes at least 40 hours of continuing education per year.

�� (2) A commercial general contractor level 2 or commercial specialty contractor level 2 shall have a key employee, or combination of key employees, who completes the equivalent of at least 16 hours of continuing education per year.

�� (3) Notwithstanding subsection (1) of this section, if a commercial general contractor level 1 or commercial specialty contractor level 1 has no more than four key employees, the contractor shall have a key employee, or combination of key employees, that completes continuing education each year equivalent to the number of key employees multiplied by eight hours.

�� (4) Continuing education may be provided by post-secondary institutions, trade schools, trade associations, professional societies, private companies, public agencies, business associations and contractor-provided in-house training programs. Continuing education topics may include, but need not be limited to, construction means, methods and business practices.

�� (5) A contractor applying for renewal shall certify the number of continuing education hours completed during the preceding licensing period.

�� (6) A contractor subject to this section shall maintain records of the continuing education completed by key employees.

�� (7) This section does not apply to a commercial contractor:

�� (a) That is subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693; or

�� (b) As provided by rule by the Construction Contractors Board. [Formerly 701.124]

�� 701.088 Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules. (1) As used in this section:

�� (a) �Illegal drug manufacturing site� has the meaning given that term in ORS 453.858.

�� (b) �Nonprofit organization� means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

�� (2) The Construction Contractors Board shall adopt rules prescribing terms and conditions under which a general or specialty contractor that is a nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may substitute a letter of credit from a bank authorized to do business in this state, or substitute a cash deposit, for a bond required under ORS 701.068. A letter of credit or cash deposit described in this section substitutes for a bond only for purposes of work the contractor performs on an illegal drug manufacturing site. The letter of credit or cash deposit must be equivalent in amount to the bond that would otherwise be required of the contractor under ORS

ORS 701.475

701.475 for residential or small commercial structures, but does not authorize the holder to engage in other contractor activities.

�� (2) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a residential locksmith services contractor. This subsection does not exempt a responsible managing individual for the business from compliance with any continuing education requirements established by the board under ORS 701.485 for a certified locksmith.

�� (3) Notwithstanding ORS 701.122, the board may not require a residential locksmith services contractor or the responsible managing individual for the business to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2013 c.300 �4]

�� Note: 701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.495 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of

ORS 734.540

734.540 from the application of ORS 734.510 to 734.710 and that:

�� (a) Involves first-party and third-party coverage in a policy or endorsement;

�� (b) Is written on a direct, admitted basis; and

�� (c) Covers losses and loss mitigation that arise out of or are related to:

�� (A) A breach of security, as defined in ORS 646A.602;

�� (B) An unauthorized intrusion into a network or security system;

�� (C) Identity theft;

�� (D) The presence, and the effects or results, of a computer virus or ransomware;

�� (E) Cyber extortion; or

�� (F) Risks and exposures that are similar or related to the risks or exposures described in subparagraphs (A) to (E) of this paragraph.

�� (6) �Dividend� means any payment made to the stockholders of a controlled insurer, which payment is directly related to ownership of the stock.

�� (7) �Incident or occurrence� means:

�� (a) One proximate, uninterrupted or continuing cause that results in an injury or damage, even if:

�� (A) The damage or injury consists of separable components or affects different items; and

�� (B) More than one claim or claimant results from the cause.

�� (b) A single cause or condition, exposure to which over a period of years results in continuous, indivisible injury or damage.

�� (8) �Insolvent insurer� means a member insurer:

�� (a) Authorized to transact insurance in this state either at the time the policy was issued or at the time of the occurrence giving rise to the unpaid claim;

�� (b) Against which a final order of liquidation, with a finding of insolvency, has been entered by a court of competent jurisdiction in the insurer�s domicile after September 9, 1971; and

�� (c) With respect to which no order, judgment or finding relating to the insolvency of the insurer, whether preliminary or temporary in nature or otherwise, has been issued by a court of competent jurisdiction or by any insurance commissioner, insurance department or similar official or body prior to September 9, 1971, or which was in fact insolvent prior to September 9, 1971, and such de facto insolvency was or should have been known by the chief insurance regulatory official of the insurer�s domicile.

�� (9) �Member insurer� means an insurer, including a reciprocal insurer, authorized to transact insurance in this state that writes any kind of insurance to which ORS

ORS 743.006

743.006; 2001 c.943 �7; 2015 c.88 �4]

�� 742.004 Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules. (1) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the Director of the Department of Consumer and Business Services, and except as provided in subsections (3), (4) and (5) of this section, an insurer is exempt from the requirement to file with the director rates or policy forms for the classes of insurance specified in subsection (2) of this section.

�� (2)(a) The following classes of insurance are subject to the exemption described in subsection (1) of this section:

�� (A) Surety insurance;

�� (B) Wet marine and transportation insurance;

�� (C) Boiler and machinery insurance;

�� (D) Environmental impairment and pollution insurance;

�� (E) Kidnap and ransom insurance;

�� (F) Political risk or expropriation insurance;

�� (G) Insurance for property with these characteristics:

�� (i) The owner or property manager demonstrates a willingness and determination to reduce the probability of a loss;

�� (ii) The owner or property manager conducts periodic and thorough specialized inspections and engineering for the purpose of preventing or minimizing loss;

�� (iii) The property has an insurable value sufficient for an insurer to charge a premium in an amount that warrants providing specialized inspection and engineering services;

�� (iv) The property has a structural design and degree of protection that, in combination with specialized inspection and engineering services, has the effect of reducing the need for or importance of publicly provided fire protection;

�� (v) The property�s construction uses fire resistant or incombustible heavy timber or similar materials that are well preserved and in good repair;

�� (vi) The property has fire protection or loss prevention equipment in all areas in which fire prevention or loss protection is necessary;

�� (vii) The owner or property manager provides security and alarm service or equivalent security services or equipment where necessary; and

�� (viii) Sufficient numbers of hydrants, hoses and equipment, an adequate water supply and other components of a private or publicly provided fire protection system exist to protect the property�s exterior; and

�� (H) Commercial lines insurance that the director exempts, other than coverage specified in subsection (4) of this section, for large commercial policyholders that pay an annual aggregate premium threshold amount or that meet other requirements the director specifies.

�� (b) An exemption for the classes of insurance described in paragraph (a) of this subsection applies whether the insurer provides the insurance as a stand-alone policy, as an endorsement or as part of other insurance coverage.

�� (3) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the director, and except as provided in subsections (4) and (5) of this section, the director by rule may exempt or amend the rate and form filing requirements for any commercial line of insurance if the director determines that:

�� (a) The requirement is not desirable or is not necessary to protect the public; and

�� (b) An exemption or amendment would enhance competition.

�� (4) The following classes of insurance are not exempt under subsection (1) of this section:

�� (a) Workers� compensation insurance;

�� (b) Medical malpractice liability insurance;

�� (c) Commercial automobile liability insurance;

�� (d) Coverage that an insurer issues under an assigned risk plan or through a residual market pool or residual market facility; and

�� (e) Insurance for a project, as defined in ORS 737.602.

�� (5) This section does not apply to any class or line of insurance that an insurer transacts with a consumer, as defined in ORS 746.600.

�� (6)(a) The director may publish a sample disclosure notice that an insurer may issue without needing to file the disclosure with the director for review or approval if the insurer issues the disclosure together with an insurance policy that is a claims-made insurance policy or a liability insurance policy that includes defense costs within the limits of liability.

�� (b) An insurer need not use the sample disclosure notice described in paragraph (a) of this subsection. An insurer that does not use the sample disclosure notice shall file the insurer�s proposed notice with the director for review and approval. If the director approves the insurer�s proposed notice, the insurer may issue the notice with all of the insurer�s claims-made insurance policies or policies that include defense costs within the limits of liability without submitting the notice to the director for further review or approval.

�� (7) The director may adopt rules to implement this section. [2017 c.492 �2]

�� Note: 742.004 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.005 Grounds for disapproval of policy forms. The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director�s approval:

�� (1) If the director finds it does not comply with the law;

�� (2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued;

�� (3) If, in the director�s judgment, its use would be prejudicial to the interests of the insurer�s policyholders;

�� (4) If the director finds it contains provisions which are unjust, unfair or inequitable;

�� (5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 is being used with respect to the form; or

�� (6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged:

�� (a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 as exempt from the application of ORS 743.405 to 743.498 and 743A.160;

�� (b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005, including small employer group policies issued by health care service contractors; or

�� (c) Credit life and credit health insurance forms subject to ORS 743.371 to 743.380. [Formerly

ORS 758.015

758.015 and 758.400 to 758.475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person�s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

�� (2) ORS 758.015 and 758.400 to 758.475 shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

�� (3) ORS 758.015 and 758.400 to 758.475 shall not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [Formerly 757.680]

�� 758.475 Fees. Except in cases under ORS 758.430 and 758.460 where no hearing is required, to cover the costs of administering ORS 758.015 and 758.400 to 758.475 the Public Utility Commission is required to receive fees before filing any contract, application, petition, complaint, protest, appearance, motion, answer or other pleading and for holding any hearing. All fees shall be collected in accordance with the following schedule:

�� (1) Filing application for allocated territory under ORS 758.435 by a person having annual gross revenue derived from within the state for the calendar year 1960:

�� (a) In excess of $5 million or more, a fee of two-tenths of one mill of such revenue but in no event shall such fee exceed, $10,000.

�� (b) In excess of $100,000 but less than $5 million, $100.

�� (c) Less than $100,000, $50.

�� (2) Filing a contract or application under ORS 758.015 or 758.420, $100.

�� (3) Filing petition or complaint, $25.

�� (4) Filing protest, appearance, motion, answer or other pleading, $10.

�� (5) Filing an application for allocated territory under ORS 758.435 subsequent to an original allocation and payment of fee under subsection (1) of this section, $100. [Formerly

ORS 759.005

759.005, commonly known as �private lines� or �farmer lines�; or

�� (c) For the provision of shared telecommunications service. [1987 c.447 �53; 2005 c.232 �24; 2007 c.825 �2]

�� 759.505 [1987 c.447 �54; repealed by 2005 c.232 �32]

�� 759.506 Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations. (1) The purpose of establishing allocated territories under ORS 759.500 to 759.570 is to ensure that telecommunications utilities, cooperative corporations and municipalities certified by the Public Utility Commission to provide local exchange telecommunications service:

�� (a) Provide adequate and safe service to the customers of this state; and

�� (b) Serve all customers in an adequate and nondiscriminatory manner.

�� (2) The obligations described in this section may be referenced as carrier of last resort obligations.

�� (3) The commission, upon petition from a telecommunications utility, cooperative corporation or municipality, may exempt the telecommunications utility, cooperative corporation or municipality from the obligations described in this section if the commission finds, for a property with four or more single-family dwellings, that the owner or developer of the property, or a person acting on behalf of the owner or developer:

�� (a) Permits an alternative service provider to install its facilities or equipment used to provide local telecommunications service based on a condition of exclusion of the telecommunications utility, cooperative corporation or municipality during the construction phase of the real property;

�� (b) Accepts or agrees to accept incentives or rewards from an alternative service provider that are contingent upon the provision of any or all local telecommunications services by one or more alternative service providers to the exclusion of the telecommunications utility, cooperative corporation or municipality; or

�� (c) Collects from the occupants or residents of the property mandatory charges for the provision of any local telecommunications service provided to the occupants or residents by an alternative service provider in any manner, including, but not limited to, collection through rent, fees or dues.

�� (4) If the commission, upon petition from any interested person located within the property for which the commission has waived the carrier of last resort obligations under subsection (3) of this section, finds that the existing public convenience and necessity requires reinstatement of the carrier of last resort obligations, then the commission has the power to assign the obligations to a telecommunications utility, cooperative corporation or municipality after a public hearing. The commission shall determine how the costs of serving the customers are allocated so that the telecommunications utility, cooperative corporation or municipality will be allowed an opportunity to recover reasonable and prudent costs that exceed the costs that would have been incurred to initially construct or acquire facilities to serve customers of the territory. The determination of cost allocation by the commission must also divide the costs allowed equitably among all customers of the territory to which service is being reinstated. [2005 c.232 �26; 2009 c.124 �1]

�� 759.510 [1987 c.447 �55; repealed by 2005 c.232 �32]

�� 759.515 [1987 c.447 �56; repealed by 2005 c.232 �32]

�� 759.520 [1987 c.447 �57; repealed by 2005 c.232 �32]

�� 759.525 [1987 c.447 �58; 2005 c.22 �509; repealed by 2005 c.232 �32]

�� 759.530 [1987 c.447 �59; repealed by 2005 c.232 �32]

�� 759.535 Application to serve unserved territory; hearing; notice. (1) A telecommunications utility, cooperative corporation or municipality that desires to provide local exchange telecommunications service in a territory that is not served by another person providing a similar local exchange telecommunications service may apply to the Public Utility Commission for an order allocating the territory to the applicant. The application shall include an exchange map that shows the unserved territory that the applicant is requesting to serve.

�� (2) The commission shall within 30 days after the filing of the application give notice of the filing. If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of the hearing within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. Notice of the filing shall be by publication in a newspaper or newspapers of general circulation in the territory covered by the application and shall be published at least once weekly for two successive weeks. Written notice of the filing shall be given to providers of similar local exchange telecommunications service in adjacent territory. [1987 c.447 �60; 2005 c.232 �28]

�� 759.540 [1987 c.447 �61; repealed by 2005 c.232 �32]

�� 759.545 [1987 c.447 �62; repealed by 2005 c.232 �32]

�� 759.550 [1987 c.447 �63; repealed by 2005 c.232 �32]

�� 759.555 [1987 c.447 �64; repealed by 2005 c.232 �32]

�� 759.560 Assignment or transfer of allocated territory; rules. (1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that the assignment or transfer is not contrary to the public interest.

�� (2) The commission may approve a transfer of territory previously allocated only upon receipt of an application for allocation that is jointly filed by the transferor and the transferee. The application shall include exchange maps that show how the applicants want the commission to allocate the territory. The commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of fact supporting the order.

�� (3)(a) An order approving an allocation of territory may not be construed to confer any property right.

�� (b) Notwithstanding paragraph (a) of this subsection, upon the death of an individual to whom territory was allocated or who was an applicant under an approved order, the executor or administrator of the estate of the individual shall continue the operation of local exchange telecommunications service for the purpose of transferring territorial allocation rights. The executor or administrator shall continue the operation for a period not to exceed two years from the date of death.

�� (4) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making the allocation.

�� (5) The commission may by rule establish requirements for notice to affected persons of the assignment or transfer of allocated territory. [1987 c.447 �65; 2005 c.232 �29]

�� 759.565 Injunction against unauthorized provision of service. In the event an allocated territory is served by a person that is not authorized by the Public Utility Commission to provide local exchange telecommunications service in the territory, an aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in the unauthorized provision of service, for an injunction against the alleged unauthorized provision of service. The trial of the action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the circuit court�s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [1987 c.447 �66; 2003 c.576 �562; 2005 c.232 �30]

�� 759.570 Application of law to local government. (1) ORS 759.500 to 759.570 may not be construed or applied to restrict the powers granted to cities to issue franchises or to restrict the exercise of the power of condemnation by a municipality. If a municipality condemns or otherwise acquires equipment, plant or facilities from another person for rendering local exchange telecommunications service, the municipality acquires all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

�� (2) ORS 759.500 to 759.570 may not be construed to restrict the right of a municipality to provide local exchange telecommunications service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

�� (3) ORS 759.500 to 759.570 may not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [1987 c.447 �67; 2005 c.232 �31]

�� 759.575 [1987 c.447 �68; repealed by 1993 c.204 �5]

(Unserved Territory)

�� 759.580 Power of commission to require service to unserved territory. The Public Utility Commission has power to require any telecommunications utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to render service to, a locality not already served when the existing public convenience and necessity requires such extension and service. However, no such extension of service shall be required until the telecommunications utility has been granted such reasonable franchises as may be necessary for the extension of service and unless the conditions are such as to reasonably justify the necessary investment by the telecommunications utility in extending its line, plant or system into such locality and furnishing such service. [1987 c.447 �4]

�� 759.585 Definitions for ORS 759.585 to 759.595. As used in ORS 759.585 to 759.595, �unserved person� means a person:

�� (1) Who does not have local exchange telecommunications service;

�� (2) Who is applying for residential service or business service with five or fewer lines; and

�� (3) Who, for the initiation of such service, would be required to pay line extension charges. [1989 c.574 �2; 1991 c.307 �1]

�� 759.590 Application for service by unserved person; rules. (1) An unserved person may file an application with the Public Utility Commission for an order directing another telecommunications utility to provide local exchange service to the unserved person.

�� (2) The commission shall adopt rules which prescribe the form of an application filed under subsection (1) of this section and which provide for reasonable notice and opportunity for hearing to all telecommunications utilities affected by an application. [1989 c.574 �3; 1991 c.307 �2]

�� 759.595 Criteria for granting application for service; effect on other territorial allocation. (1) The Public Utility Commission shall grant an application filed under ORS

ORS 820.320

820.320 approaches the vehicle the person is operating and the person does not do all of the following:

�� (a) Yield the right of way to the ambulance, organ transport vehicle or emergency vehicle.

�� (b) Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection.

�� (c) Stop and remain in such position until the emergency vehicle, organ transport vehicle or ambulance has passed.

�� (2) A person is not in violation of this section if the person is acting as otherwise directed by a police officer.

�� (3) This section does not relieve the driver of an emergency vehicle, organ transport vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.

�� (4) The offense described in this section, failure to yield to an emergency vehicle, organ transport vehicle or ambulance, is a Class B traffic violation.

�� 811.147 Failure to maintain safe distance from motor vehicle; penalty. (1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from a motor vehicle if the person approaches a motor vehicle that is stopped and is displaying required warning lights or hazard lights, or a person is indicating distress by using emergency flares or posting emergency signs, and the person operating the motor vehicle:

�� (a) On a highway having two or more lanes for traffic in a single direction, fails to:

�� (A) Make a lane change to a lane not adjacent to that of the stopped motor vehicle; or

�� (B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.

�� (b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.

�� (2) A person is not in violation of the offense described in this section if the stopped motor vehicle is in a designated parking area.

�� (3) The offense described in this section, failure to maintain a safe distance from a motor vehicle, is a Class B traffic violation. [2003 c.42 �2; 2009 c.198 �1; 2010 c.30 �17; 2017 c.305 �1]

�� Note: 811.147 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.150 Interference with emergency vehicle or ambulance; exemptions; penalty. (1) A person commits the offense of interference with an emergency vehicle or ambulance if the person does any of the following:

�� (a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle or ambulance that is traveling in response to a fire alarm or emergency.

�� (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle or ambulance responding to a fire alarm or emergency.

�� (c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

�� (2) The following exemptions apply to this section:

�� (a) Nothing in this section prohibits a driver of an emergency vehicle or ambulance from following within 500 feet of an emergency vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

�� (b) Nothing in this section prevents any person from driving over an unprotected hose of a fire department if the person first obtains the permission of a fire department official or police officer at the scene of the fire, alarm of fire or emergency.

�� (3) The offense described in this section, interference with an emergency vehicle or ambulance, is a Class B traffic violation. [1983 c.338 �584; 1985 c.16 �291; 1985 c.190 �1; 1995 c.383 �47]

�� Note: The amendments to 811.150 by section 8, chapter 278, Oregon Laws 2025, become operative January 1, 2027. See section 24, chapter 278, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 811.150. (1) A person commits the offense of interference with an emergency vehicle, organ transport vehicle or ambulance if the person does any of the following:

�� (a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle, organ transport vehicle or ambulance that is traveling in response to a fire alarm or emergency.

�� (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle, organ transport vehicle or ambulance responding to a fire alarm or emergency.

�� (c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

�� (2) The following exemptions apply to this section:

�� (a) Nothing in this section prohibits a driver of an emergency vehicle, organ transport vehicle or ambulance from following within 500 feet of an emergency vehicle, organ transport vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

�� (3) The offense described in this section, interference with an emergency vehicle, organ transport vehicle or ambulance, is a Class B traffic violation.

�� 811.155 Failure to stop for bus safety lights; exemptions; penalty. (1) A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights described under ORS 816.260 and the driver does not:

�� (a) Stop before reaching the vehicle; and

�� (b) Remain standing until the bus safety lights are no longer operating.

�� (2) The following apply to the offense described in this section:

�� (a) The offense described in this section does not apply if the vehicle operating the bus safety lights is not permitted under ORS 816.350 and 816.360 to operate red bus safety lights.

�� (b) A driver need not comply with this section if the vehicle operating red bus safety lights is stopped on a different roadway.

�� (3) The offense described in this section, failure to stop for bus safety lights, is a Class A traffic violation. [1983 c.338 �583; 1985 c.16 �290]

�� 811.156 School buses; stop arm cameras; citation based on cameras; response to citation. (1) As used in this section and ORS 811.158:

�� (a) �Education provider� means:

�� (A) A school district as defined in ORS 332.002;

�� (B) An entity that is a provider under the Oregon Prenatal to Kindergarten Program or other public early learning and preschool programs established under ORS 329.172 to

ORS 90.412

90.412 or 90.417.

�� (9) Except as provided in subsections (19) to (22) of this section, if the tenant or lienholder does not respond within the time provided by the landlord�s notice, or the tenant or lienholder does not remove the personal property within 30 days after responding to the landlord or by any date agreed to with the landlord, whichever is later, the personal property is conclusively presumed to be abandoned. The tenant and any lienholder that have been given notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest to the personal property and may not claim or sell the property.

�� (10) If the personal property is presumed to be abandoned under subsection (9) of this section, the landlord then may:

�� (a) Sell the personal property at a public or private sale, provided that prior to the sale:

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

�� (B) The landlord shall:

�� (i) Place a notice in a newspaper of general circulation in the county in which the personal property is located. The notice shall state:

�� (I) That the personal property is abandoned;

�� (II) The tenant�s name;

�� (III) The address and any space number where the personal property is located, and any plate, registration or other identification number for a floating home noted on the title, if actually known to the landlord;

�� (IV) Whether the sale is by private bidding or public auction;

�� (V) Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be accepted; and

�� (VI) The name and telephone number of the person to contact to inspect the personal property;

�� (ii) At a reasonable time prior to the sale, give a copy of the notice required by sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder, by personal delivery or first class mail, except that for any lienholder, mail service must be by first class mail with certificate of mailing;

�� (iii) Obtain an affidavit of publication from the newspaper to show that the notice required under sub-subparagraph (i) of this subparagraph ran in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted; and

�� (iv) Obtain written proof from the county that all property taxes and assessments on the personal property have been paid or, if not paid, that the county has authorized the sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section; or

�� (b) Destroy or otherwise dispose of the personal property if the landlord determines from the county assessor that the current market value of the property is $8,000 or less.

�� (11)(a) A public or private sale authorized by this section must be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable.

�� (b) If there is no buyer at a sale described under paragraph (a) of this subsection, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property.

�� (12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally misrepresents the condition of personal property, the landlord is not liable for the condition of the personal property to:

�� (a) A buyer of the personal property at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or

�� (b) A person or nonprofit organization to whom the landlord gives the personal property pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

�� (13)(a) The landlord may deduct from the proceeds of the sale:

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

�� (B) Unpaid rent.

�� (b) After deducting the amounts listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to the county tax collector to the extent of any unpaid property taxes and assessments owed on the dwelling or home.

�� (c) After deducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance owed on the lien on the personal property.

�� (d) After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting.

�� (e) If the tenant cannot after due diligence be found, the landlord shall deposit the remaining proceeds with the county treasurer of the county in which the sale occurred. If not claimed within three years, the deposited proceeds revert to the general fund of the county and are available for general purposes.

�� (14) The county tax collector and the Department of Revenue shall cancel all unpaid property taxes and special assessments as provided under ORS 305.155 and 311.790 only under one of the following circumstances:

�� (a) The landlord disposes of the personal property after a determination described in subsection (10)(b) of this section.

�� (b) There is no buyer of the personal property at a sale described under subsection (11) of this section and the landlord disposes of the property.

�� (c)(A) There is a buyer of the personal property at a sale described under subsection (11) of this section;

�� (B) The current market value of the personal property is $8,000 or less; and

�� (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the personal property after distribution of the proceeds pursuant to subsection (13) of this section.

�� (d) The landlord buys the personal property at a sale described under subsection (11) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

�� (e) The landlord acquires the personal property as a result of an agreement described in subsection (24) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

�� (15)(a) Subsection (14)(d) and (e) of this section apply only if:

�� (A) There exists a lien on the personal property for unpaid property taxes and special assessments owed to a county or to the Department of Revenue and the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

�� (i) The landlord�s intent to sell the property in an arm�s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located; and

�� (ii) That the landlord shall comply with the requirements of this subsection; and

�� (B) Following the sale described in paragraph (a)(A) of this subsection, the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

�� (i) That the landlord has sold the property in an arm�s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located;

�� (ii) The sale price and a description of the landlord�s claims against the property or costs from the sale, as described under subsection (13)(a) of this section, and any costs of improvements to the property for sale; and

�� (iii) The period of time, which may not be more than is reasonably necessary, that is taken by the landlord to complete the sale of the property.

�� (b) After a landlord files the affidavit or declaration under paragraph (a)(A) of this subsection, the county tax collector shall provide to the landlord a title to the property that the landlord may then provide to a buyer at the time of the sale of the property.

�� (c) The affidavit or declaration described in paragraph (a)(B) of this subsection must be accompanied by:

�� (A) Payment to the county tax collector or the Department of Revenue, as appropriate, of the amount remaining from the sale proceeds after the deduction of the landlord�s claims and costs as described in the affidavit or declaration, up to the amount of the unpaid taxes or tax lien. The landlord may retain the amount of the sale proceeds that exceed the amount of the unpaid taxes or tax lien;

�� (B) Payment to the county tax collector of any county warrant fees; and

�� (C) An affidavit or declaration from the buyer that states the buyer�s intent to occupy the property in the facility in which the property is located.

�� (d) Upon a showing of compliance with paragraph (c) of this subsection, the county tax collector or the Department of Revenue shall cancel all unpaid taxes or tax liens on the property.

�� (16) The landlord is not responsible for any loss to the tenant or lienholder resulting from storage of personal property in compliance with this section unless the loss was caused by the landlord�s deliberate or negligent act. In the event of a deliberate and malicious violation, the landlord is liable for twice the actual damages sustained by the tenant or lienholder.

�� (17) Complete compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to such personal property disposed of pursuant to this section.

�� (18) If a landlord does not comply with this section:

�� (a) The tenant is relieved of any liability for damage to the premises caused by conduct that was not deliberate, intentional or grossly negligent and for unpaid rent and may recover from the landlord up to twice the actual damages sustained by the tenant;

�� (b) A lienholder aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the lienholder. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph; and

�� (c) A county tax collector aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the tax collector, if the noncompliance is part of an effort by the landlord to defraud the tax collector. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph.

�� (19) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property also apply to any lienholder, except that the lienholder may not sell or remove the dwelling or home unless:

�� (a) The lienholder has foreclosed the lien on the manufactured dwelling or floating home;

�� (b) The tenant or a personal representative or designated person described in subsection (21) of this section has waived all rights under this section pursuant to subsection (24) of this section; or

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

�� (20)(a) Except as provided by subsection (21)(d) and (e) of this section, if a lienholder makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, a landlord shall enter into a written storage agreement with the lienholder providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property.

�� (b) The lienholder�s right to a storage agreement arises upon the failure of the tenant or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee to remove or sell the dwelling or home within the allotted time.

�� (c) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the lienholder must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the lienholder. The landlord shall give a copy of the proposed storage agreement to the lienholder in the same manner as provided by subsection (4)(b) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (4) of this section. A lienholder enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period. If the tenancy is in a marina, the proposed storage agreement is conditioned upon the tenant not electing to enter into a storage agreement under subsection (22) of this section.

�� (d) The storage agreement may require, in addition to other provisions agreed to by the landlord and the lienholder, that:

�� (A) The lienholder make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly;

�� (B) The lienholder pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants;

�� (C) The lienholder maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (4); and

�� (D) The lienholder repair any defects in the physical condition of the personal property that existed prior to the lienholder entering into the storage agreement, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The lienholder shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (e) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the lienholder written notice consistent with the requirements of ORS 90.600.

�� (f) During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

�� (g)(A) Except as provided in paragraph (d)(D) of this subsection, if the lienholder violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for the termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the lienholder to pay a storage charge and the lienholder corrects the violation, if the lienholder again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days� written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

�� (C) A lienholder may terminate a storage agreement at any time upon at least 14 days� written notice to the landlord and may remove the property from the facility if the lienholder has paid all storage charges and other charges as provided in the agreement.

�� (h) Upon the failure of a lienholder to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the lienholder has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the lienholder.

�� (21) If the personal property is considered abandoned as a result of the death of a tenant who was the only tenant, this section applies, except as follows:

�� (a) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property shall apply to any personal representative named in a will or appointed by a court to act for the deceased tenant or any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant�s death.

�� (b) The notice required by subsection (3) of this section must be:

�� (A) Sent by first class mail to the deceased tenant at the premises; and

�� (B) Personally delivered or sent by first class mail to any personal representative or designated person if actually known to the landlord.

�� (c) The notice described in subsection (5) of this section must refer to any personal representative or designated person, instead of the deceased tenant, and must incorporate the provisions of this subsection.

�� (d) If a personal representative, designated person or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period provided by subsection (6) of this section and so requests, the landlord shall enter into a written storage agreement with the representative or person providing that the personal property may not be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate proceedings, whichever is later. A storage agreement entitles the representative or person to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may not enter a similar agreement with a lienholder pursuant to subsection (20) of this section until the agreement with the personal representative or designated person ends.

�� (e) If a personal representative or other person requests that a landlord enter into a storage agreement, subsection (20)(c) to (e) and (g)(C) of this section applies, with the representative or person having the rights and responsibilities of a lienholder with regard to the storage agreement.

�� (f) During the term of an agreement described under paragraph (d) of this subsection, the representative or person has the right to remove or sell the property, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the property upon payment of all unpaid storage charges and maintenance costs.

�� (g) If the representative or person violates the storage agreement, the landlord may terminate the agreement by giving at least 30 days� written notice to the representative or person stating facts sufficient to notify the representative or person of the reason for the termination. Unless the representative or person corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the representative or person.

�� (h) Upon the failure of a representative or person to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the representative or person has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the representative or person.

�� (22)(a) If a tenant of a marina makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, and has not entered into a storage agreement under ORS 90.545 (7), a landlord shall enter into a written storage agreement with the tenant providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the tenant to store the personal property on the previously rented space during the term of the agreement but does not entitle anyone to occupy the personal property.

�� (b) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the tenant must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the tenant. The landlord shall give a copy of the proposed storage agreement to the tenant in the same manner as provided by subsection (3) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (3) of this section. A tenant enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period.

�� (c) The storage agreement may require, in addition to other provisions agreed to by the landlord and the tenant, that:

�� (A) The tenant make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly.

�� (B) The tenant pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants.

�� (C) The tenant maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (4).

�� (D) The tenant repair any defects in the physical condition of the personal property that existed prior to the tenant entering into the storage agreement, except repair the float of the home, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The tenant shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (d) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the tenant written notice consistent with the requirements of ORS 90.600.

�� (e) During the term of an agreement described under this subsection, the tenant has the right to remove or sell the property. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680. The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

�� (f)(A) Except as provided in paragraph (c)(D) of this subsection, if the tenant violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for the termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the tenant to pay a storage charge and the tenant corrects the violation, if the tenant again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days� written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

�� (C) A tenant may terminate a storage agreement at any time upon at least 14 days� written notice to the landlord and may remove the property from the facility if the tenant has paid all storage charges and other charges as provided in the agreement.

�� (g) Upon the failure of a tenant to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree, the landlord may sell or dispose of the property pursuant to this section without further notice to the tenant after providing at least 15 days� written notice to any lienholder to enter into a storage agreement under subsection (20) of this section.

�� (23) If a governmental agency determines that the condition of personal property abandoned under this section constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the facility and requires quick removal of the property, the landlord may sell or dispose of the property pursuant to this subsection. The landlord shall comply with all provisions of this section, except as follows:

�� (a) The date provided in subsection (6) of this section by which a tenant, lienholder, personal representative or designated person must contact a landlord to arrange for the disposition of the property must be not less than 15 days after personal delivery or mailing of the notice required by subsection (3) of this section.

�� (b) The date provided in subsections (8) and (9) of this section by which a tenant, lienholder, personal representative or designated person must remove the property must be not less than seven days after the tenant, lienholder, personal representative or designated person contacts the landlord.

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

�� (A) The dates and deadlines in the notice for contacting the landlord and removing the property must be consistent with this subsection;

�� (B) The notice must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and

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

�� (d) If the tenant, a lienholder or a personal representative or designated person does not remove the property within the time allowed, the landlord or a buyer at a sale by the landlord under subsection (11) of this section shall promptly remove the property from the facility.

�� (e) A landlord is not required to enter into a storage agreement with a lienholder, personal representative or designated person pursuant to subsection (20) of this section.

�� (24)(a) A landlord may sell or dispose of a tenant�s abandoned personal property without complying with the provisions of this section if, after termination of the tenancy or no more than seven days prior to the termination of the tenancy, the following parties so agree in a writing entered 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 only tenant, the personal representative, designated person or other person entitled to possession of the personal property, such as an heir or devisee, as described in subsection (21) of this section; and

�� (C) Any lienholder.

�� (b) A landlord may not, as part of a rental agreement, as a condition to approving a sale of property on rented space under ORS 90.680 or in any other manner, require a tenant, a personal representative, a designated person or any lienholder to waive any right provided by this section.

�� (25) Until personal property is conclusively presumed to be abandoned under subsection (9) of this section, a landlord does not have a lien pursuant to ORS 87.152 for storing the personal property. [1997 c.577 �27b; 1999 c.603 �33; 1999 c.676 �24; 2001 c.44 �2; 2001 c.596 �40; 2003 c.378 �18; 2003 c.655 �58; 2003 c.658 �8; 2005 c.5 �2; 2005 c.619 ��21,22; 2007 c.906 �34; 2013 c.294 �13; 2015 c.217 �4; 2019 c.1 �10; 2019 c.625 �36]

�� 90.680 Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord. (1) As used in this section, �consignment� means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation.

�� (2) A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

�� (3) A landlord may not require, as a condition of a tenant�s occupancy, consignment of the tenant�s manufactured dwelling or floating home.

�� (4)(a) A landlord may sell a tenant�s manufactured dwelling or floating home on consignment only if:

�� (A) The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under ORS 446.661 to 446.756. The license may be held by a person that differs from the person that owns the facility and is the landlord, if there is common ownership between the two.

�� (B) The landlord and tenant first enter into a written consignment contract that specifies at a minimum:

�� (i) The duration of the contract, which, unless extended in writing, may not exceed 180 days;

�� (ii) The estimated square footage of the dwelling or home, and the make, model, year, vehicle identification number and license plate number, if known;

�� (iii) The price offered for sale of the dwelling or home;

�� (iv) Whether lender financing is permitted and the amount, if any, of the earnest money deposit;

�� (v) Whether the transaction is intended to be closed through a state-licensed escrow;

�� (vi) All liens, taxes and other charges known to be in existence against the dwelling or home that must be removed before the tenant can convey marketable title to a prospective buyer;

�� (vii) The method of marketing the sale of a dwelling or home to the public, such as signs posted at the facility or through advertisements posted on the Internet or published in newspapers or in other publications;

�� (viii) The form and amount of compensation to the landlord, such as a fixed fee, a percentage of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee, the contract shall state the amount; and

�� (ix) For the purpose of determining the net sale proceeds that are payable to the tenant, the manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of sale, landlord compensation and other closing costs.

�� (C) Within 10 days after a sale, the landlord pays to the tenant the tenant�s share of the sale proceeds and provides to the tenant a written accounting for the sale proceeds.

�� (b) The landlord may not exact a commission or fee, however designated, or retain a portion of any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as representative for the seller pursuant to a written consignment contract.

�� (5)(a) The landlord may not deny the tenant the right to place a �for sale� sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord.

�� (b) If the landlord advertises a manufactured dwelling or floating home for sale within the facility, the tenant may advertise the sale of the tenant�s dwelling or home by posting a sign in a similar manner and similar location.

�� (6) A landlord may not knowingly make false statements to a prospective purchaser about the quality of a tenant�s manufactured dwelling or floating home.

�� (7) Nothing in this section prevents a landlord from selling to a prospective purchaser a manufactured dwelling or floating home owned by the landlord at a price or on terms, including space rent, that are more favorable than the price and terms offered for dwellings or homes that are for sale by a tenant.

�� (8) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require in the rental agreement:

�� (a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days� notice in writing prior to the sale of the dwelling or home on a rented space;

�� (b) That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized and that a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant;

�� (c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwellings or homes of the requirements of paragraphs (b) and (d) of this subsection, the location of all properly functioning smoke alarms and any other rules and regulations of the facility such as those described in ORS 90.510 (5)(b), (f), (g), (i) and (j); and

�� (d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant as authorized under ORS 90.140 and the rental agreement, prior to the landlord�s acceptance of the prospective purchaser as a tenant.

�� (9)(a) If a landlord requires a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section, the landlord shall provide, upon request from the purchaser, a copy of the application. At the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser:

�� (A) Copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510;

�� (B) Copies of any outstanding notices given to the tenant under ORS 90.632;

�� (C) A list of any disrepair or deterioration of the manufactured dwelling or floating home;

�� (D) A list of any failures to maintain the space or to comply with any other provisions of the rental agreement; and

�� (E) A statement that the landlord may require a prospective purchaser to complete repairs and maintenance as described in the notices and lists provided under subparagraphs (B) to (D) of this paragraph.

�� (b) The terms of the statement of policy, rental agreement and rules and regulations need not be the same as those in the selling tenant�s statement, rental agreement and rules and regulations.

�� (c) Consistent with ORS 90.305 (4)(b), a landlord may require a prospective purchaser to pay a reasonable copying charge for the documents.

�� (d) If a prospective purchaser agrees, a landlord may provide the documents in an electronic format.

�� (10) The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (8) of this section:

�� (a) The landlord shall accept or reject the prospective purchaser�s application within seven days following the day the landlord receives a complete and accurate written application. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (5)(i). The landlord and the prospective purchaser may agree to a longer time period for the landlord to evaluate the prospective purchaser�s application or to allow the prospective purchaser to address any failure to meet the landlord�s screening or admission criteria. If a tenant has not previously given the landlord the 10 days� notice required under subsection (8)(a) of this section, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days.

�� (b) When a landlord considers an application for tenancy from a prospective purchaser of a dwelling or home from a tenant, the landlord shall apply to the prospective purchaser credit and conduct screening criteria that are substantially similar to the credit and conduct screening criteria the landlord applies to a prospective purchaser of a dwelling or home from the landlord.

�� (c) The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the landlord�s conditions for approval as provided in ORS

ORS 90.427

90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

�� (5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

�� (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

�� (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

�� (A) Does not increase the tenant�s portion of the rent; or

�� (B) Is required by program eligibility requirements or by a change in the tenant�s income.

�� (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months� rent plus actual damages suffered by the tenant.

�� (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 �2; 2019 c.1 �2; 2021 c.252 �1; 2023 c.226 �4]

�� Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.324 Calculation of maximum rent increase; publication. (1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year:

�� (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent.

�� (b) For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewer spaces or for tenancies subject to ORS 90.323, as the lesser of:

�� (A) Ten percent; or

�� (B) Seven percent plus CPI.

�� (2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentages allowed under this section, along with the provisions of ORS 90.323 and 90.600, in a press release.

�� (3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentages for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year.

�� (4) As used in this section, �CPI� means the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor. [2019 c.1 �5; 2023 c.226 �3; 2025 c.387 �1]

�� Note: 90.324 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TENANT OBLIGATIONS

�� 90.325 Tenant duties. (1) The tenant shall:

�� (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

�� (b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

�� (c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

�� (e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

�� (f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

�� (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

�� (2) A tenant may not:

�� (a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

�� (b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

�� (c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.

�� (3) A tenant is not responsible for damage that results from:

�� (a) Acts of God; or

�� (b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.

�� (4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant�s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 �7; 1995 c.559 �16; 1999 c.307 �21; 1999 c.603 �20; 2009 c.591 �13; 2015 c.388 �7; 2023 c.549 �1a]

�� 90.330 [Formerly 91.780; 1991 c.852 �1; 1995 c.559 �17; renumbered 90.262 in 1995]

�� 90.335 [Formerly 91.785; 1995 c.559 �18; renumbered 90.322 in 1995]

�� 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 �19]

TENANT RIGHTS AND REMEDIES

�� 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation. (1) As used in this section:

�� (a) �Extreme heat event� means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

�� (b) �Forecast zone� means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

�� (c) �Portable cooling device� includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

�� (2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant�s choosing, unless:

�� (a) The installation or use of the device would:

�� (A) Violate building codes or state or federal law;

�� (B) Violate the device manufacturer�s written safety guidelines for the device;

�� (C) Damage the premises or render the premises uninhabitable; or

�� (D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

�� (b) If the device would be installed in a window:

�� (A) The window is a necessary egress from the dwelling unit;

�� (B) The device would interfere with the tenant�s ability to lock a window that is accessible from outside;

�� (C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

�� (D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

�� (E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

�� (c) The restrictions require that the device be:

�� (A) Installed or removed by the landlord or landlord�s agent;

�� (B) Subject to inspection or servicing by the landlord or landlord�s agent; or

�� (C) Removed from October 1 through April 30.

�� (3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

�� (4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

�� (5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply�s inability to accommodate use of a portable cooling device.

�� (6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

�� (a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

�� (b) The termination notice must state:

�� (A) The deadline of a cure period designated in the notice, if any;

�� (B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

�� (C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 �2; 2023 c.442 �71]

�� Note: 90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.358 Dwelling use as family child care home allowed; conditions. (1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant�s use of a dwelling as a family child care home if:

�� (a) The family child care home is certified under ORS 329A.280 or registered under ORS

ORS 90.734

90.734.

�� (2) The department shall deposit a civil penalty assessed under this section in the Manufactured and Marina Communities Account.

�� (3) If a civil penalty assessed under this section is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the facility is located as a lien against the facility. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in ORS 205.125 and 205.126. [2005 c.619 �4; 2009 c.816 �12; 2019 c.625 ��6,20]

�� Note: 90.736 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 90.738 Enforcement of registration and education requirements; advisory committee; rules. (1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736.

�� (2) The department shall appoint an advisory committee to advise the department in drafting the rules required by subsection (1) of this section and to assist the department in implementing and administering the duties of the department regarding the registration and continuing education requirements established in ORS 90.732 and 90.734. The advisory committee shall include representatives of interested parties, including but not limited to representatives of manufactured dwelling park landlords and representatives of manufactured dwelling park tenants. [2009 c.816 �9]

�� Note: 90.738 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Tenant Rights and Obligations)

�� 90.740 Tenant obligations. A tenant shall:

�� (1) Install the tenant�s manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement.

�� (2) Except as provided by the rental agreement, dispose from the dwelling or home and the rented space all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (3) Behave, and require persons on the premises with the consent of the tenant to behave, in compliance with the rental agreement and with any laws or ordinances that relate to the tenant�s behavior as a tenant.

�� (4) Except as provided by the rental agreement:

�� (a) Use the rented space and the facility common areas in a reasonable manner considering the purposes for which they were designed and intended;

�� (b) Keep the rented space in every part free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin as the condition of the rented space permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem;

�� (c) Keep the dwelling or home, and the rented space, safe from the hazards of fire;

�� (d) Install and maintain in the dwelling or home a smoke alarm approved under applicable law;

�� (e) Install and maintain storm water drains on the roof of the dwelling or home and connect the drains to the drainage system, if any;

�� (f) Use electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems;

�� (g) Refrain from deliberately or negligently destroying, defacing, damaging, impairing or removing any part of the facility, other than the tenant�s own dwelling or home, or knowingly permitting any person to do so;

�� (h) Maintain, water and mow or prune any shrubbery or grass on the rented space;

�� (i) Maintain and water trees, including cleanup and removal of fallen branches and leaves, on the rented space for a manufactured dwelling except for hazard trees as provided in ORS 90.727; and

�� (j) Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors. [1999 c.676 �3; 2013 c.443 �3]

�� 90.750 Right to assemble or canvass in facility; limitations. No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall:

�� (1) Infringe upon the right of persons who rent spaces in a facility to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the facility. Reasonable times shall include daily the hours between 8 a.m. and 10 p.m.

�� (2) Infringe upon the right of persons who rent spaces in a facility to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any matter, including but not limited to any matter relating to the facility or manufactured dwelling or floating home living. The discussions may be held in the common areas or recreational areas of the facility, including halls or centers, or any resident�s dwelling unit or floating home. The landlord of a facility, however, may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities.

�� (3) Prohibit any person who rents a space for a manufactured dwelling or floating home from canvassing other persons in the same facility for purposes described in this section. As used in this subsection, �canvassing� includes door-to-door contact, an oral or written request, the distribution, the circulation, the posting or the publication of a notice or newsletter or a general announcement or any other matter relevant to the membership of a tenants� association.

�� (4) This section is not intended to require a landlord to permit any person to solicit money, except that a tenants� association member, whether or not a tenant of the facility, may personally collect delinquent dues owed by an existing member of a tenants� association.

�� (5) This section is not intended to require a landlord to permit any person to disregard a tenant�s request not to be canvassed. [Formerly 91.920; 1991 c.844 �17; 1997 c.303 �2]

�� 90.755 Right to speak on political issues; limitations; placement of political signs. (1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the facility at reasonable times and in a reasonable manner in an open public meeting. The landlord of a facility, however, may enforce reasonable rules and regulations relating to the time, place and scheduling of the speakers that will protect the interests of the majority of the homeowners.

�� (2) The landlord shall allow the tenant to place political signs on or in a manufactured dwelling or floating home owned by the tenant or the space rented by the tenant. The size of the signs and the length of time for which the signs may be displayed are subject to the reasonable rules of the landlord. [Formerly

ORS 90.875

90.875�� Remedy for failure to give notice

GENERAL PROVISIONS

�� 90.100 Definitions. As used in this chapter, unless the context otherwise requires:

�� (1) �Accessory building or structure� means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

�� (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

�� (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home.

�� (2) �Action� includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

�� (3) �Applicant screening charge� means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit.

�� (4) �Attorney� includes an associate licensee of the Oregon State Bar practicing law within the licensee�s approved scope of practice.

�� (5) �Bias crime� has the meaning given that term in ORS 147.380.

�� (6) �Building and housing codes� includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

�� (7) �Carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (8) �Carbon monoxide source� has the meaning given that term in ORS 105.836.

�� (9) �Conduct� means the commission of an act or the failure to act.

�� (10) �DBH� means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side.

�� (11) �Dealer� means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence.

�� (12) �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.

�� (13) �Drug and alcohol free housing� means a dwelling unit described in ORS 90.243.

�� (14) �Dwelling unit� means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. �Dwelling unit� regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700, but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.

�� (15) �Essential service� means:

�� (a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.850:

�� (A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and

�� (B) Any other service or habitability obligation imposed by the rental agreement or ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)