Oregon Demolition Licensing Law

Oregon Code · 24 sections

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

ORS 105.161

105.161 or for removal, storage or sale of the defendant�s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment.

�� (4) If the plaintiff fails to permit the defendant to recover possession of the defendant�s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 �9; 1989 c.506 �23; 1989 c.910 �5; 1993 c.369 �18; 1995 c.559 �51; 1997 c.577 �39; 2001 c.596 �48; 2003 c.378 �32; 2003 c.658 �10]

�� 105.168 Minor as party in proceedings pertaining to residential dwellings. Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 �31]

EASEMENT OWNER OBLIGATIONS

�� 105.170 Definitions for ORS 105.170 to 105.185. For purposes of ORS 105.170 to 105.185:

�� (1) �Easement� means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another�s land.

�� (2) �Holders of an interest in an easement� means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 �1; 1991 c.49 �1]

�� 105.175 Easement to be kept in repair; sharing costs; agreements. (1) The holders of an interest in any easement shall maintain the easement in repair.

�� (2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement.

�� (3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement.

�� (4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply:

�� (a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors.

�� (b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement.

�� (c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 ��2,3,4; 1991 c.49 �2]

�� 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration. (1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder�s proportion of the cost as indicated in ORS 105.175 (3) and (4), a civil action for money damages or specific performance or contribution may be brought against that person in a court of competent jurisdiction by one or more of the other holders of an interest in the easement, either jointly or severally. In any such civil action, the court may order such equitable relief as may be just in the circumstances. Nothing in ORS 105.170 to 105.185 shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or not, after such holder ceases to use the easement.

�� (2) The prevailing party shall recover all court costs, arbitration fees and attorney fees.

�� (3) Any holder of an interest in the easement may apply to the court of competent jurisdiction where the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost, and the matter may be arbitrated in accordance with ORS 36.600 to 36.740. The application may be made before, during or after performance of the maintenance work. [1989 c.660 �5; 1991 c.49 �3; 2003 c.598 �34]

�� 105.185 Application of ORS 105.170 to 105.185. The provisions of ORS 105.170 to 105.185:

�� (1) Apply to all easements existing on or created after January 1, 1992; and

�� (2) Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people�s utility districts, water utility districts, municipally owned utilities and telecommunications utilities, when used for the sole purpose of provision of service or maintaining or repairing facilities for the provision or distribution of service. [1989 c.660 �6; 1991 c.49 �4]

MODIFICATION OF LEASE TERMS

�� 105.190 Covenant of good faith and fair dealing; rights and obligations of parties. Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party�s rights or duties under such covenant may be modified only by express provision in the lease agreement. [1997 c.845 �1]

ENCUMBRANCES

�� 105.200 Request for itemized statement. (1) As used in this section, �encumbrance� means:

�� (a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

�� (b) A reservation of title to real property in this state under a land sale contract.

�� (2)(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

�� (b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor�s consent. [2019 c.140 �2]

PARTITION

�� 105.205 Who may maintain partition. When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

�� 105.210 When and how partition prevented. (1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner�s interest. A discharged owner shall have no further interest in or claim upon the property.

�� (2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 �1]

�� 105.215 Complaint. The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder, so that the parties cannot be named, that fact shall be set forth in the complaint.

�� 105.220 Tenants and lien creditors as defendants; liens on undivided interests. The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors having a lien upon any portion of the property defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties and a partition is made, it is thenceforth a lien only upon the share assigned to such party; but such share shall be first charged with its just proportion of the cost of the partition in preference to such lien.

�� 105.225 Summons; to whom directed. The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to the suit and generally to all persons unknown having or claiming an interest or estate in the property.

�� 105.230 Service by publication. If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief description of the property which is the subject of the suit. [Amended by 1979 c.284 �95]

�� 105.235 Answer. The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is a lien creditor the defendant shall set forth how the lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of the other security.

�� 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary. The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given. [Amended by 2003 c.576 �361]

�� 105.245 Sale or partition ordered by court. If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 �362]

�� 105.250 Compensation when partition cannot be made without prejudice to party�s interest. When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has personal property sufficient for that purpose, and that the interest of the infant will be promoted thereby.

�� 105.255 How referees make partition; report. In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust and describing the property divided and the shares allotted to each party with a particular description of each share.

�� 105.260 Power of court over report; final judgment. The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive:

�� (1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

�� (2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

�� (3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

�� (4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230.

�� (5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 �363]

�� 105.265 Persons not affected by judgment. The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the partition was made. [Amended by 2003 c.576 �364]

�� 105.270 Order of sale on referees� report. If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that the report is correct, it may, by an order, direct the referees to sell the property or separate portion thereof so situated. [Amended by 2003 c.576 �365]

�� 105.275 Conclusiveness of order confirming report. If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.

�� 105.280 How sale made; notice of sale. All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.

�� 105.285 Distribution of proceeds of sale. The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows:

�� (1) To pay the property�s just proportion of the general costs of the suit.

�� (2) To pay the costs of the reference.

�� (3) To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment.

�� (4) The residue among the owners of the property sold, according to their respective shares. [Amended by 2003 c.576 �366]

�� 105.290 Distribution of proceeds by referee or payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.

�� 105.295 Continuance of suit after proceeds paid into court. When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the suit may be continued as between such parties for the determination by the court of their respective claims thereto. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original suit.

�� 105.300 When lienholder has other securities. Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.

�� 105.305 Credit allowed. The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 to be invested for the benefit of unknown owners, infants or parties out of the state. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and the clerk�s successor in office. When there is a known owner of full age, the security for the share of the owner shall be executed in the name of the owner.

�� 105.310 Setting off estate for life or years in part not sold. When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.

�� 105.315 Disposition of life estate or leasehold. When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such parcel subject to the tenants prior unsold estate; but if in the judgment of the court a due regard to the interest of all the parties requires that such estate should also be sold, the sale of the estate may be ordered.

�� 105.320 Compensation of tenants in case of sale. Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an instrument that is duly acknowledged or proved in the same manner as deeds for the purpose of record, and filed with the clerk.

�� 105.325 When court determines value of tenancy. If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant�s benefit, and shall order that sum to be deposited in court for that purpose.

�� 105.330 Rules for determining value of certain estates. The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows:

�� (1) If an estate in dower or curtesy is included in the order of sale its proportion shall be one-half of the proceeds of the sale of the property, or of the sale of the undivided share in the property upon which the claim or dower existed.

�� (2) If any other estate for life or years is included in the order of sale its proportion shall be the whole proceeds of the sale of the property, or of the sale of an undivided share of the property in which the estate existed.

�� 105.335 Protection of unknown tenants. If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.

�� 105.340 Provision for future rights or interests. In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties. [Amended by 1969 c.591 �282]

�� 105.345 Notice of terms of sale; separate sale of distinct parcels. In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they shall be sold separately, or otherwise if the court so directs.

�� 105.350 Purchase by referee, conservator or guardian forbidden. Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section are void. [Amended by 1973 c.823 �99]

�� 105.355 Report of sale. After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.

�� 105.360 Exception to report; confirmation of sale; order of confirmation. The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge the property of the estate or interest of every person mentioned in ORS 105.260 and of tenants for life or years of the property sold. The order shall be binding and conclusive upon all such persons as if it were a judgment for the partition of such property and except as provided in ORS 105.350, upon all persons whomsoever as to the regularity of the proceedings concerning such sale. [Amended by 2003 c.576 �367]

�� 105.365 Purchase by encumbrancer or party entitled to share. When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.

�� 105.370 Investment of proceeds for certain parties. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be invested in securities on interest for the benefit of the persons entitled thereto.

�� 105.375 In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk�s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.

�� 105.380 When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.

�� 105.385 Clerk�s treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerk�s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.

�� 105.390 When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 �100]

�� 105.395 Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 �101]

�� 105.400 When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 �102; 1987 c.158 �17]

�� 105.405 Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.

�� (2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 �1; 2003 c.576 �368]

HOUSING RECEIVERSHIP

�� 105.420 Findings; policy. (1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties.

�� (2) The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in compliance with basic sanitary and habitability standards and which have become abandoned. These conditions contribute to the spread of disease and criminal activity, create urban blight and community deterioration, adversely affect the state�s economic and social viability and otherwise detrimentally impact the public�s health, safety and welfare.

�� (3) In order to correct these conditions, it is necessary to revitalize these residential properties and thus add to the overall housing stock of this state. The Legislative Assembly deems it necessary to authorize county and municipal governments to adopt and implement receivership programs to allow for the upgrading of substandard and abandoned residential properties. [1989 c.649 �2]

�� 105.425 Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455:

�� (1) �Abatement� means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure.

�� (2) �Building code� or �housing code� means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property.

�� (3) �Interested party� means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030.

�� (4) �Property� means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units. [1989 c.649 �3; 2019 c.191 �1]

�� 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure. (1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

�� (2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

�� (a) The identity of the property;

�� (b) The violations of the building or housing codes giving rise to the need for the receiver;

�� (c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

�� (d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.

�� (3) A city or county may not file a petition for the appointment of a receiver if:

�� (a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

�� (b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser�s interest under a land sale contract.

�� (4) The petition for the appointment of a receiver pursuant to ORS 105.420 to 105.455 must be served on all interested parties in the manner provided by ORCP 7 D.

�� (5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

�� (6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

�� (a) No interested party appears within 30 days after service;

�� (b) An interested party fails to comply with an order under subsection (5) of this section; or

�� (c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

�� (7) A receiver may be any one of the following:

�� (a) A housing authority organized under the terms of ORS 456.055 to 456.235;

�� (b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;

�� (c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

�� (d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

�� (8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment.

�� (9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

�� (a) The court finds the city or county has complied with the requirements of this section;

�� (b) The court finds the property is in an unsafe or insanitary condition;

�� (c)(A) No interested party appears within 30 days after service; or

�� (B) An interested party fails to comply with an order under subsection (5) of this section;

�� (d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property�s real market value, as shown on the property�s most recent tax records;

�� (e) The property is not currently occupied as a dwelling; and

�� (f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

�� (10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445. [1989 c.649 �4; 1995 c.79 �34; 2019 c.191 �2]

�� 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court:

�� (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;

�� (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;

�� (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;

�� (d) Dispose of any or all abandoned personal property found at the structure;

�� (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and

�� (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.

�� (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.

�� (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to

ORS 197.636

197.636, the governing body of the county shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. The notice shall describe in detail how the ordinance or plan amendment may affect the use of the property. The notice also shall:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

�� This is to notify you that (governing body of the county) has proposed a land use that may affect the permissible uses of your property and other properties.

�� (b) Contain substantially the following language in the body of the notice:

�� As a result of an order of the Land Conservation and Development Commission, (governing body) has proposed Ordinance Number _____. (Governing Body) has determined that the adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� Ordinance Number _____ will become effective on (date).

�� Ordinance Number _ is available for inspection at the County Courthouse located at __. A copy of Ordinance Number _ also is available for purchase at a cost of ___.

�� For additional information concerning Ordinance Number _, you may call the (governing body) Planning Department at _.

�� (7) Notice provided under this section may be included with the tax statement required under ORS 311.250.

�� (8) Notwithstanding subsection (7) of this section, the governing body of a county may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section.

�� (9) For purposes of this section, property is rezoned when the governing body of the county:

�� (a) Changes the base zoning classification of the property; or

�� (b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.

�� (10) The provisions of this section do not apply to legislative acts of the governing body of the county resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047, or resulting from an order of a court of competent jurisdiction.

�� (11) The governing body of the county is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the local comprehensive plan or land use regulation.

�� (12) The Department of Land Conservation and Development shall reimburse the governing body of a county for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section. [1977 c.664 �37; 1999 c.1 �1; 1999 c.348 �10; 2003 c.668 �2]

�� 215.505 [1969 c.324 �1; repealed by 1977 c.664 �42]

�� 215.508 [1977 c.664 �38; repealed by 1999 c.1 �8]

�� 215.510 [1969 c.324 �2; 1973 c.80 �47; repealed by 1977 c.664 �42]

�� 215.513 Forwarding of notice to property purchaser. (1) A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: �NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.�

�� (2) Mailed notices to owners of real property required by this chapter shall be deemed given to those owners named in an affidavit of mailing executed by the person designated by the governing body of a county to mail the notices. The failure of a person named in the affidavit to receive the notice shall not invalidate an ordinance. The failure of the governing body of a county to cause a notice to be mailed to an owner of a lot or parcel of property created or that has changed ownership since the last complete tax assessment roll was prepared shall not invalidate an ordinance. [1977 c.664 �39]

�� 215.515 [1969 c.324 �3; 1973 c.80 �48; repealed by 1977 c.766 �16]

�� 215.520 [1969 c.324 �4; repealed by 1977 c.664 �42]

�� 215.525 [1969 c.324 �6; repealed by 1977 c.664 �42]

�� 215.530 [1969 c.324 �7; repealed by 1977 c.664 �42]

�� 215.535 [1969 c.324 �5; 1973 c.80 �49; repealed by 1977 c.664 �42]

COUNTY CONSTRUCTION CODES

�� 215.605 Counties authorized to adopt housing codes. For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are enacted by an incorporated city subsequent to August 22, 1969. Such housing code ordinances may adopt by reference published codes, or any portion thereof, and a certified copy of such code or codes shall be filed with the county clerk of said county. [1969 c.418 �1]

�� 215.606 Standards for clustered mailboxes in county roads and rights-of-way. Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �3]

�� Note: 215.606 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.610 [1969 c.418 �2; 1979 c.190 �407; repealed by 1983 c.327 �16]

�� 215.615 Application and contents of housing ordinances. The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or intended to be used for human habitation, and shall include, but not be limited to:

�� (1) Standards for space, occupancy, light, ventilation, sanitation, heating, exits and fire protection.

�� (2) Inspection of such buildings.

�� (3) Procedures whereby buildings or portions thereof which are determined to be substandard are declared to be public nuisances and are required to be abated by repair, rehabilitation, demolition or removal.

�� (4) An advisory and appeals board. [1969 c.418 �3]

�� 215.620 [1997 c.552 �30; renumbered

ORS 227.285

227.285); 1975 c.767 �12]

�� 227.290 Building setback lines established by city council; criteria. (1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

�� (2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure�s sun plane shall not be substantially impaired.

�� (3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system�s wind source to the extent feasible.

�� (4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 �4; 1981 c.590 �9]

�� 227.300 Use of eminent domain power to establish setback lines. The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.

�� 227.310 [1957 c.67 �1; 1975 c.767 �13; repealed by 1977 c.766 �16]

�� 227.320 City program for demolition of residences or residential buildings. (1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:

�� (a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;

�� (b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;

�� (c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;

�� (d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and

�� (e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:

�� (A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;

�� (B) The asbestos survey required under ORS 468A.757; and

�� (C) Asbestos abatement activities that must be conducted before a demolition.

�� (2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.

�� (3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.

�� (b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 �1]

�� Note: 227.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WETLANDS DEVELOPMENT

�� 227.350 Notice of proposed wetlands development; exception; approval by city. (1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:

�� (a) Subdivisions;

�� (b) Building permits for new structures;

�� (c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;

�� (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and

�� (e) Planned unit development approvals.

�� (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.

�� (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:

�� (a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;

�� (b) Notice from the department that no permit is required; or

�� (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.

�� (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.

�� (5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

�� (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.

�� (7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 �31; 1991 c.763 �26]

TRUCK ROUTES

�� 227.400 Truck routes; procedures for establishment or revision; notice; hearing. (1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.

�� (2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.

�� (3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.

�� (4) As used in this section:

�� (a) �Truck� includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.

�� (b) �Truck route� means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 �1]

RECYCLING CONTAINERS

�� 227.450 Recycling containers; recommendations for new construction. (1) Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [1997 c.552 �32; 2025 c.38 �43]

CLUSTERED MAILBOXES

�� 227.455 Clustered mailboxes in city streets and rights-of-way. Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �2]

�� Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PERMITTED USES IN ZONES

�� 227.500 Use of real property for religious activity; city regulation of real property used for religious activity. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A city may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �4; 2017 c.745 �8; 2019 c.640 �20; 2021 c.385 �5; 2021 c.446 �5; 2025 c.267 �2]

�� 227.505 Solar energy systems on residential and commercial structures. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of �permit� in ORS 227.160, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a city:

�� (a) May not charge a fee pursuant to ORS 227.175 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �2]

�� Note: 227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PLANNING AND ZONING PREAPPLICATION PROCESS

�� 227.600 Land use approval preapplication review. (1) As used in this section:

�� (a) �Compost� has the meaning given that term in ORS 459.005.

�� (b) �Disposal site� has the meaning given that term in ORS 459.005.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (2) Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Department of Environmental Quality, as provided in subsection (3) of this section, the applicant shall:

�� (a) Request and attend a preapplication conference described in subsections (4) to (6) of this section; and

�� (b) Hold a preapplication community meeting described in subsections (7) to (9) of this section.

�� (3) Subsection (2) of this section applies to an application to:

�� (a) Establish a disposal site for composting that sells, or offers for sale, resulting product; or

�� (b) Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:

�� (A) Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste; or

�� (B) Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

�� (4) During the preapplication conference:

�� (a) The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (b) The city with land use jurisdiction over the proposed disposal site for composting and the other representatives described in subsection (5) of this section shall inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant.

�� (5) The applicant shall submit a written request to the city with land use jurisdiction to request a preapplication conference. A representative of the planning department of the city and a representative of the Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the city, of the following entities:

�� (a) Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting.

�� (b) A state agency, a local government or a private entity that provides or would provide to the proposed disposal site for composting one or more of the following:

�� (A) Water systems.

�� (B) Wastewater collection and treatment systems, including storm drainage systems.

�� (C) Transportation systems or transit services.

�� (c) A city or county with territory within its boundaries that may be affected by the proposed disposal site for composting.

�� (d) The Department of Land Conservation and Development.

�� (e) The State Department of Agriculture.

�� (6) The city with land use jurisdiction may use preapplication procedures, if any, in the acknowledged land use regulations of the city, consistent with the requirements that the city shall:

�� (a) Provide notice of the preapplication conference to the entities described in subsection (5) of this section by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate;

�� (b) Hold the preapplication conference at least 20 days and not more than 40 days after receipt of the applicant�s written request; and

�� (c) Provide preapplication notes to each attendee of the conference and the other entities described in subsection (5) of this section for which a representative does not attend the preapplication conference.

�� (7) After the preapplication conference and before submitting the application for land use approval, the applicant shall:

�� (a) Hold a community meeting within 60 days after the preapplication conference:

�� (A) In a public location in the city with land use jurisdiction; and

�� (B) On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6 p.m. and 8 p.m.

�� (b) Provide notice of the community meeting to:

�� (A) The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located;

�� (B) The resident or occupant that receives mail at the mailing address of the real property described in subparagraph (A) of this paragraph if the mailing address of the owner of record is not the mailing address of the real property;

�� (C) Neighborhood and community organizations recognized by the governing body of the city if a boundary of the organization is within one-half mile of the proposed disposal site for composting;

�� (D) A newspaper that meets the requirements of ORS 193.020 for publication;

�� (E) Local media in a press release; and

�� (F) The entities described in subsection (5) of this section.

�� (8) During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (9) The applicant�s notice provided under subsection (7)(b) of this section must include:

�� (a) A brief description of the proposed disposal site for composting;

�� (b) The address of the location of the community meeting; and

�� (c) The date and time of the community meeting. [2013 c.524 �2]

�� Note: 227.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CHAPTERS 228 TO 235 [Reserved for expansion]

ORS 250.265

250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

�� (5) An election under this section shall be held on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 �251 (enacted in lieu of 381.610)]

�� 381.615 Majority vote required. The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question. [Amended by 1983 c.350 �252]

�� 381.620 [Repealed by 1983 c.350 �331a]

�� 381.625 [Repealed by 1983 c.350 �331a]

�� 381.630 [Repealed by 1983 c.350 �331a]

�� 381.635 Duties and powers of council. If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended by 1983 c.350 �253]

�� 381.640 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.605 shall:

�� (a) Be in denominations of $100 or more, but not exceeding $1,000.

�� (b) Run not to exceed 30 years from the end of the respective issues thereof.

�� (c) Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1.

�� (d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

�� (2) The bonds and interest coupons shall:

�� (a) Be lithographed or printed on good bond paper.

�� (b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

�� (c) Be paid by the city treasurer upon presentation at the office of the city treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

�� (d) Be signed by the mayor and city recorder. The interest coupons shall bear the printed facsimile signatures of the mayor and city recorder.

�� (e) Be sealed with the seal of the council.

�� (f) Bear the certificate of the city treasurer, over the signature of the city treasurer, that they have been registered in the office of the city treasurer, naming the date of registry.

�� 381.645 Registering bonds. The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.

�� 381.650 Bond advertisement and sale. (1) The bonds shall be advertised and sold to the highest bidder for cash.

�� (2) The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount of interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the payment, that any and all bids may be rejected, that the bonds may be sold for cash only and to the highest bidder and such other facts as may in the judgment of the council procure the most advantageous sale of the bonds may be stated.

�� (3) All bids to purchase bonds must be sealed and accompanied by a certified check for five percent of the amount of the bid. The council may reject any and all bids.

�� 381.655 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

�� 381.660 Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

�� (2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

�� 381.665 Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipality and which is by law taxable for state and other purposes, sufficient to provide for such deficit, subject, however, to charter provisions and the provisions of the Oregon Constitution with respect to debt limitations.

�� 381.670 Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670.

�� (2) The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications.

�� (3) The council shall award the contract to the lowest and best responsible bidder, but any and all bids may be rejected if it appears to the best interests of the general public. [Amended by 1971 c.659 �5]

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

�� 381.700 Findings. The Legislative Assembly finds and declares that:

�� (1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manufactured products within the region and to national markets.

�� (2) Existing interstate toll bridges owned by local governments are becoming functionally obsolete, weight-restricted, seismically deficient and hazardous for marine freight, and need to be replaced.

�� (3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and the local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operation of interstate toll bridges is best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll and finance a replacement bridge. [2022 c.7 �1]

�� 381.702 Definitions. As used in ORS 381.702 to 381.755, unless the context requires otherwise:

�� (1) �Board� means the board of directors of a commission.

�� (2) �Bridge� means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (3) �Bridge finance plan� means a plan adopted by a board to finance the design, construction, operation, maintenance, administration and governance of a bridge replacement project.

�� (4) �Bridge replacement project� means a project undertaken by a commission to replace an existing bridge, including but not limited to any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software and appurtenances necessary or incidental to the new bridge.

�� (5) �Commission� means a public corporation formed under ORS 381.705 with the powers described in ORS 381.712.

�� (6) �Commission formation agreement� means a bistate agreement among local governments to form a commission.

�� (7) �Construction� or �construct� means activities, materials and services necessary or incidental to the design and construction of a bridge replacement project, including but not limited to engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge and associated accounting, legal, administrative, project management and governance activities.

�� (8) �Debt instrument� means a contractual undertaking, financing agreement or other instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys, including but not limited to bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices or other debt obligations.

�� (9) �Departments of transportation� means the Oregon Department of Transportation and the Washington State Department of Transportation.

�� (10) �Director� means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.

�� (11) �Existing bridge� means an existing interstate toll bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (12) �Local government� has the meaning given that term in ORS 174.116 and includes local governments in the State of Washington.

�� (13) �Operate,� �operation� or �operations� means the activities necessary or incidental to the operation, tolling, maintenance, repair, rehabilitation, renewal or replacement of a bridge, and the associated financial, legal, administrative, management and governance activities.

�� (14) �Other charges� means administrative and other fees, civil penalties and other amounts established by the commission for use of a bridge.

�� (15) �Primary place of business� means the state and county within which the principal headquarters office of a commission is established in a commission formation agreement, notwithstanding a subsequent relocation of the principal headquarters office of the commission.

�� (16) �Public corporation� means a corporation created under ORS 381.705 to perform essential governmental functions for the public purposes described in ORS 381.705 that, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of regulations adopted by the United States Department of the Treasury and rulings of the Internal Revenue Service under section 103 of the Internal Revenue Code.

�� (17) �State� means the State of Oregon or the State of Washington. [2022 c.7 �2]

�� 381.705 Creation and purposes. (1) Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with the powers and duties granted by ORS 381.702 to 381.755. The commission shall perform an essential governmental function and exercise the commission�s powers for the public purposes described in this section.

�� (2) Local governments by resolution may enter into a commission formation agreement, consistent with the requirements of ORS 381.702 to 381.755, to charter and form a commission. A commission formation agreement at a minimum must be approved and executed by the owner of an existing bridge and by the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be adopted by local governments in phases, provided that all required elements of a commission formation agreement be adopted before a board may authorize the issuance of toll revenue bonds. A commission formation agreement must specify:

�� (a) A name for the commission;

�� (b) The date on which the powers granted to the commission by ORS 381.702 to 381.755 become effective;

�� (c) The primary place of business for the purpose of establishing the applicable laws described in ORS 381.745;

�� (d) The composition and appointment process for members of the board as described in ORS 381.710 (1) and (2);

�� (e) The terms of office and any rules, responsibilities and requirements that apply to the offices of chair and cochair as described in ORS 381.710 (4);

�� (f) The requirements for formal actions of the board as described in ORS 381.710 (5); and

�� (g) Any other provisions adopted by a local government, provided that the provisions comply with the applicable laws under ORS 381.745 and do not impair or adversely affect the powers of the commission under ORS 381.702 to 381.755.

�� (3) A commission formation agreement may allow for a board to amend the provisions of the commission formation agreement pursuant to subsection (2)(d) to (g) of this section and ORS 381.710 (5), and may establish conditions for an amendment.

�� (4) The purposes of a commission are to:

�� (a) Design, engineer, develop, finance, refinance, install, equip and construct a bridge to replace and remove an existing bridge;

�� (b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls and regulate the use of a bridge;

�� (c) Oversee the efficient operation, maintenance, administration, rehabilitation and renewal of a bridge; and

�� (d) Perform other duties and exercise other powers as may be conferred upon the commission by law. [2022 c.7 �3]

�� 381.710 Governance; rules. (1) A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the directors, which may differ by state.

�� (2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may act only in the absence of the director for whom the alternate is appointed.

�� (3) Directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors shall serve at the pleasure of the appointing authority and may be removed or suspended from office by the appointing authority with or without cause. The commission formation agreement must specify the initial term of office of each director to ensure that subsequent appointments by appointing authorities from each state are reasonably and similarly staggered. Except for the initial appointment of directors, the term of office of a director shall be four years.

�� (4) The board shall elect two cochairs from among the directors of the board. One cochair must reside in the State of Oregon and the other cochair must reside in the State of Washington. The cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at the commission meetings. The board shall specify which cochair will serve in which position within one year from the date of formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement must establish the terms of office of the cochairs and may establish other requirements for the office of cochair as requested by the local governments.

�� (5) Formal actions of the board must be taken by ordinance or resolution duly approved at any regular or special meeting of the board. An action of the board is not effective unless there is a quorum present and a majority of the directors present assent to the action. A commission formation agreement must establish the requirements for a quorum and may establish other requirements for formal actions of the board as requested by the local governments.

�� (6) Unless otherwise provided in an ordinance or resolution adopted by a board, a board has the exclusive right to exercise the powers granted by ORS 381.702 to

ORS 271.729

271.729, but may be further adjusted by changes in value as a result of any of the factors described in ORS 309.115 (2), to the extent adjustments do not cause the assessed value of the property to exceed the property�s maximum assessed value.

�� (8)(a) Notwithstanding subsection (1) of this section, when a building is demolished or removed from property, for the year in which the demolition or removal of the building is reflected by a reduction in real market value, the maximum assessed value of the property may be reduced to reflect the demolition or removal of the building.

�� (b) This subsection does not apply:

�� (A) To any property that is assessed under ORS 308.505 to 308.674.

�� (B) If the demolished or removed property is property that, when added to the assessment and tax roll, constituted minor construction for which no adjustment to maximum assessed value was made.

�� (c) To receive the reduction in maximum assessed value of the property under this subsection, the property owner must file an application with the county assessor after the demolition or removal and on or before December 31 following the assessment date if the demolition or removal occurred:

�� (A) Before the January 1 assessment date; or

�� (B) During the period beginning January 1 and ending on the July 1 assessment date if the property owner has applied to have the real market value and assessed value of the property determined under subsection (6) of this section.

�� (d) As used in this subsection:

�� (A) �Minor construction� has the meaning given that term in ORS 308.149.

�� (B) �Property owner� means an owner or purchaser under a recorded instrument of sale in the case of real property, or the person assessed, person in possession or owner in the case of personal property. [1997 c.541 �6; 1999 c.1003 �1; 2001 c.925 �12; 2003 c.46 �15; 2003 c.169 �7; 2007 c.450 �1; 2007 c.516 �1; 2009 c.443 �1; 2015 c.92 �1; 2015 c.480 �1]

(Special Determinations of Value)

�� 308.149 Definitions for ORS 308.149 to 308.166. As used in ORS 308.149 to 308.166:

�� (1) �Area� means:

�� (a) The county in which property, the maximum assessed value of which is being adjusted, is located, including the area of any city located within the county that has adopted an ordinance or resolution pursuant to ORS 308.151;

�� (b) The city in which property, the maximum assessed value of which is being adjusted, is located, if the city has adopted an ordinance or resolution pursuant to ORS

ORS 279C.580

279C.580.

�� (2) If the board determines after notice and opportunity for hearing that a contractor or a subcontractor did not make payment to persons who supplied labor or materials in connection with a public contract for a public improvement within 60 days after the date when payment was received by the contractor or subcontractor, the board shall place the contractor or the subcontractor on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The board may not place a contractor or subcontractor on the list if the only reason that the contractor or subcontractor did not make payment to a person when payment was due is that the contractor or subcontractor did not receive payment from the public contracting agency, contractor or subcontractor when payment was due. The contractor or subcontractor shall remain on the list for a period of not less than six months.

�� (3) If the board determines that the information supplied to the board against a contractor or subcontractor was supplied in bad faith or was false, the person who supplied the information in bad faith or supplied false information shall be placed on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement.

�� (4) The board shall create and maintain a list of contractors and subcontractors who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The list may include any corporation, partnership or other business entity of which the contractor or subcontractor is an owner, shareholder or officer of the business or was an owner or officer of the business. The board shall provide access to the list to all public contracting agencies, contractors and subcontractors. [1999 c.689 �9; 2003 c.794 �318; 2005 c.409 ��1,2; 2007 c.793 �22]

�� 701.230 Board to provide names of unlicensed or improperly endorsed contractors to other state agencies. At least once each month, the Construction Contractors Board shall provide to investigative units of the Department of Revenue, Department of Consumer and Business Services and Employment Department the name and address of each person who acts as a contractor in violation of this chapter or who knowingly assists an unlicensed person or a licensed contractor that is not properly endorsed to act in violation of this chapter. [1983 c.616 �2; 1989 c.928 �27; 1999 c.402 �35; 2007 c.836 �35]

�� 701.235 Rulemaking. (1) The Construction Contractors Board shall adopt rules to carry out the provisions of this chapter including, but not limited to, rules that:

�� (a) Establish language for surety bonds;

�� (b) Establish processing requirements for different types of complaints described in this chapter;

�� (c) Limit whether a complaint may be processed by the board if there is no direct contractual relationship between the complainant and the contractor;

�� (d) Subject to ORS 701.145, 701.153 and 701.157, exclude or limit recovery from the contractor�s bond required by ORS 701.068 of amounts awarded by a court or arbitrator for interest, service charges, costs and attorney fees arising from commencing the arbitration or court action and proving damages; and

�� (e) Designate a form to be used by an owner of residential property under ORS 87.007 for the purpose of indicating the method the owner has selected to comply with the requirements of ORS 87.007 (2) or to indicate that ORS 87.007 (2) does not apply.

�� (2) The board may adopt rules prescribing terms and conditions under which a contractor may substitute a letter of credit from a bank authorized to do business in this state instead of the bond requirements prescribed in ORS 701.068. [1971 c.740 �19; 1989 c.928 �28; 1991 c.181 �13; 2001 c.197 �19; 2003 c.778 �6; 2007 c.793 �23; 2007 c.836 �36; 2011 c.630 ��52,72; 2016 c.99 �14]

�� 701.236 Rulemaking to interpret, harmonize or adjust licensing requirements; exceptional circumstances. (1) To the extent that a requirement necessary to obtain or maintain a license, endorsement or other authorization to perform work from the Construction Contractors Board is unclear, duplicative or in conflict, or in instances where a requirement conflicts with the board�s efforts to modernize operations and ensure consistent regulatory enforcement, the board may adopt rules the board deems necessary to interpret, harmonize, streamline, adjust or promote consistent application of the requirement.

�� (2) The board by rule may identify exceptional circumstances for considering a complaint under ORS 701.139, 701.140 or 701.143 that the board would ordinarily deny, if the complaint otherwise complies with the requirements of this chapter to the maximum extent possible under the identified circumstances. [2023 c.277 �2]

�� 701.238 Determination of licensing application fee; rules. (1) Before July 1 of each year, the Construction Contractors Board shall determine the amounts of the fees to be charged for applications under ORS 701.056 for the issuance or renewal of contractor licenses. The fee amounts are subject to prior approval of the Oregon Department of Administrative Services. The fee amounts shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fee amounts established under this section may not exceed the cost of administering the regulatory program of the Construction Contractors Board under this chapter, as authorized by the Legislative Assembly within the board�s budget, as the budget may be modified by the Emergency Board.

�� (2) The amounts of the fees determined by the Construction Contractors Board under subsection (1) of this section shall be effective as set by rule. [Formerly 701.130; 2023 c.602 �29]

�� 701.240 Provision of licensed contractors list to other state agencies; rules. (1) The Construction Contractors Board shall supply the Department of Revenue and the Employment Department with a partial or complete list of licensees as deemed necessary by the board.

�� (2) The lists required by subsection (1) of this section shall contain the name, address, Social Security or federal employer identification number of each licensee or such other information as the departments may by rule require. [1989 c.870 �6; 1999 c.402 �36; 2005 c.22 �479]

�� 701.245 [1971 c.740 �23; 1975 c.721 �10; repealed by 1979 c.31 �1]

�� 701.246 Confidentiality of information; permissible disclosures. (1) Social Security numbers, driver license numbers, dates of birth and other personal identifier information included in a license or certificate application filed under this chapter are confidential. Except as provided in this section, the Construction Contractors Board may not disclose personal identifier information contained in a license or certificate application.

�� (2) Subsection (1) of this section does not prohibit the board from making the following disclosures:

�� (a) Disclosures made with the written consent of the person to whom the personal identifier information pertains.

�� (b) Disclosures of information that a license or certificate holder is required by law or rule to disclose to the public, including but not limited to board-issued license or certificate numbers.

�� (c) Disclosures for the purpose of causing, conducting or assisting an investigation into possible violations of law, rules or regulations, including but not limited to disclosures to an administrative agency, law enforcement agency or district attorney office. A public body receiving information from the board under this paragraph may not disclose the information except as necessary to an investigation or as necessary to criminal, civil or contested case proceedings. [2009 c.226 �2]

�� 701.250 Board to provide licensee�s status on request; fee. (1) Any individual may request and the Construction Contractors Board shall provide notification of the status of one or more licensees. Status information provided by the board shall include any professional credentials earned by the contractor as described in ORS 701.120.

�� (2) The board may charge a standard fee for the notification described in subsection (1) of this section not to exceed the cost of preparation and provision of such notices. [1989 c.870 �7; 1999 c.402 �37; 2001 c.311 �4; 2001 c.428 �2; 2002 s.s.1 c.6 ��2,7; 2003 c.778 �11]

�� 701.252 [1999 c.174 �2; 2001 c.104 �281; 2007 c.793 �24; repealed by 2007 c.836 �51]

�� 701.255 Funds retained for collection of civil penalties. The Construction Contractors Board may retain 20 percent annually from the funds collected under ORS 701.992. The amount retained under this section shall be continuously appropriated for the board�s costs of collection of civil penalties imposed by order of the board. [1989 c.928 �29; 1995 c.771 �5]

�� 701.260 Appeal committee; membership; duties. (1) From within its membership, the Construction Contractors Board shall appoint three members, including one of the public members or the elected official, as an appeal committee. The board may appoint one or more appeal committees. At least one residential contractor shall be appointed to any committee that hears appeals involving residential complaints.

�� (2) An appeal committee shall hear appeals on proposed orders and on petitions for reconsideration and rehearing and motions for stays that were originally appealed to the board as proposed orders.

�� (3) The Construction Contractors Board shall not consider an appeal of a decision of an appeal committee. However, the full board may act as an appeal committee. The parties affected by a decision of an appeal committee shall retain the right to appeal the decision to the Court of Appeals. [1989 c.928 �24; 1993 c.470 �1; 1993 c.742 �53]

�� 701.265 Continuing education system for residential contractors; rules. (1) The Construction Contractors Board shall adopt rules establishing a continuing education system for residential contractors licensed by the board. The rules shall include, but need not be limited to, minimum standards to be met:

�� (a) By approved providers of continuing education; and

�� (b) By courses that the board approves as continuing education.

�� (2) In establishing the continuing education system, the board may give consideration to any continuing education program adopted by national construction licensing trade associations. [2013 c.718 �2]

�� 701.267 Agreements with continuing education providers; credits; fees. (1) The Construction Contractors Board may enter into agreements with approved continuing education providers for the providers to offer education developed by the board under ORS 701.082 (1)(b). The agreements may provide for the board to collect payment from the providers for the use of the education materials developed by the board.

�� (2) In determining whether to approve an entity as a provider of continuing education that is required under ORS 701.082 (1)(c), the board shall consider:

�� (a) Instructor qualifications; and

�� (b) Attendance verification procedures.

�� (3) In determining whether to approve a course as continuing education described in ORS 701.082 (1)(c), the board shall consider the course content.

�� (4) In determining any process for approving an entity as a provider of continuing education that is not required under ORS 701.082 (1), the board may consider attendance verification procedures.

�� (5) The board may determine the number of continuing education hours to be credited to a continuing education course or to a specialized education program described in ORS 701.083.

�� (6) The board may establish reasonable fees for approvals of entities as continuing education providers, approvals of continuing education courses and approvals of specialized education programs described in ORS 701.083 and reasonable fees for any continuing education courses offered by the board. The board may charge an approved provider a reasonable fee for each attendee completing course hours in approved continuing education to cover board costs associated with administering the residential contractor continuing education system. [2013 c.718 �3]

�� 701.269 Residential general master builder certification program; requirements; standards; fees; rules. (1)(a) The Construction Contractors Board may establish a voluntary certification program for a residential general master builder of vertical homeownership structures and other structures and may define a vertical homeownership structure by rule. At a minimum, the certification program must provide education, training, assessment and evaluation of individuals with respect to the individuals� knowledge of and skills in:

�� (A) Foundations;

�� (B) Roofing;

�� (C) Wall construction;

�� (D) Siding installation; and

�� (E) Energy systems.

�� (b) The board may specify certification standards that differ by the type of structure in which the master builder may specialize, in the qualifications necessary to obtain certification in each type of structure and in education and training standards necessary to qualify for each type of certification.

�� (2) The board may adopt rules to implement the provisions of this section and may establish and charge to applicants for certification any fees that are necessary to pay the expenses of administering the certification program under this section. [2021 c.413 �2]

�� 701.270 [1989 c.928 �25; repealed by 1993 c.470 �5 and 1993 c.742 �11]

�� 701.272 Interagency agreements. (1) The Construction Contractors Board may enter into interagency agreements with the Department of Consumer and Business Services for the department to perform duties on behalf of the board under this chapter regarding:

�� (a) Licenses, registrations and other authorizations; or

�� (b) Regulated activities of a contractor.

�� (2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance by the advisory board of Construction Contractors Board duties. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

�� (3) An interagency agreement under this section may provide for the department to perform all or part of the duties described in the agreement within one or more areas within the state or on a statewide basis. Any department employees utilized to carry out an agreement under this section shall remain employees of the department without loss of seniority or reduction in pay or benefits, but the agreement may provide for the board to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement.

�� (4) An interagency agreement under this section may provide for:

�� (a) Good faith cooperation between the department and the board to enable the department and the board to carry out their respective duties under law or under the agreement;

�� (b) The sharing of resources, including but not limited to the department system described in ORS 455.095 and 455.097, equipment, systems, processes and records, documents and other information;

�� (c) Using department and board information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the department administers and enforces on behalf of the board;

�� (d) Ensuring the security of information shared under the agreement;

�� (e) Purchases by the department of supplies and equipment to carry out duties on behalf of the board, subject to the board�s reimbursement of the department;

�� (f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and

�� (g) Acceptance by the department of moneys in payment of board fees, the temporary retention and transfer of fee moneys and the reimbursement of the department�s expenses under the agreement from those fee moneys.

�� (5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 to 283.092 and ORS chapter 286A.

�� (b) Any board moneys accepted by the department as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the department. Board moneys temporarily retained by the department, regardless of where kept or deposited, are moneys of the board. The retained moneys are not subject to any appropriation to the department, any authorization for or limitation on the expenditure of moneys by the department, any restriction on the source, use or transfer of department moneys or any judgment, lien or other claim against moneys of the department. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of board moneys by the department under an interagency agreement described in this section shall be governed solely by the terms of the agreement.

�� (6) An interagency agreement under this section may not:

�� (a) Delegate the authority of the board or the board administrator to establish policies or to make a final determination on any matter;

�� (b) Allow the department to hold board fee moneys in a department account that does not allow for the separate tracking and accounting of those moneys;

�� (c) Allow the department to hold board fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or

�� (d) Transfer board expenses to the department. [2015 c.110 �4]

�� 701.280 [1991 c.732 ��2,3,4; 1995 c.216 �5; 1997 c.814 �5; 1999 c.173 �1; 1999 c.402 �38; 2001 c.160 �7; repealed by 2005 c.432 �18]

�� 701.285 [Formerly 456.752; repealed by 2001 c.160 �8]

�� 701.290 [1995 c.560 �1; repealed by 2001 c.850 �8]

�� 701.295 Board duty to investigate and seek prosecution of illegal activity. The Construction Contractors Board shall investigate allegations of illegal activity in the construction industry and seek civil or criminal prosecution of illegal activity that warrants more than an administrative sanction. [2001 c.850 �4]

�� 701.300 [1989 c.928 �11; repealed by 1991 c.181 �16]

CONSTRUCTION CONTRACTS AND NOTICES

�� 701.305 Requirement for written contract with residential property owner; standard contractual terms; rules. (1) A contractor may not perform work to construct, improve or repair a residential structure or zero-lot-line dwelling for a property owner without a written contract if the aggregate contract price exceeds $2,000. If the price of a contract was initially less than $2,000, but during the course of performance the contract exceeds that amount, the contractor shall mail or otherwise deliver a written contract to the property owner not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000. Failure to have a written contract will not void the contract.

�� (2) The Construction Contractors Board shall adopt rules that require a contractor to use standard contractual terms in a construction contract for which subsection (1) of this section requires a written contract. The standard contractual terms shall be clear and use words of common understanding. [2007 c.648 �7; 2009 c.408 �8; 2009 c.409 �1; 2013 c.168 �1]

�� 701.310 Cancellation of contract. (1) A property owner who enters into an initial written contract for the construction, improvement or repair of a residential structure or zero-lot-line dwelling on real property owned by the property owner may cancel the contract by delivery of a written notice of cancellation anytime prior to 12 midnight at the end of the next business day. The notice of cancellation may be delivered in any written form or by any means that can readily be converted to written form, including, but not limited to, facsimile, electronic mail and regular mail. The notice must state the intention of the property owner to cancel the contract.

�� (2) Subsection (1) of this section does not allow a property owner to cancel a contract:

�� (a) If both parties agree that work is to begin before the cancellation period has expired;

�� (b) After a contractor substantially begins the residential construction, improvement or repair; or

�� (c) When an initial contract is being modified after expiration of the initial cancellation period. [2007 c.648 �8; 2009 c.409 �2]

�� 701.312 Additional grounds for placing contractor on probation. Notwithstanding the conditions specified for probation in ORS 701.102 (3), the Construction Contractors Board may place a contractor on probation as provided in ORS 701.102 (3) if the contractor offers to perform a home improvement, accepts a deposit of more than 50 percent of the total contract price and:

�� (1) Fails to perform diligently and in accordance with the contract specifications the home improvement for which the contractor received the deposit; or

�� (2) Fails to perform the home improvement for which the contractor received the deposit and fails to return the deposit within 10 days after a reasonable demand to return the deposit. [2010 c.77 �6]

�� 701.315 Contents of contract for work on residential structure. A contract that is for the performance of work on a residential structure and that is subject to this chapter may not contain a provision that limits the right of a person to file a complaint described in ORS 701.140 with the Construction Contractors Board. A contract described in this section may contain a provision requiring mediation or arbitration of a dispute arising from the contract. [Formerly 701.175]

�� 701.320 Offer of warranty; withdrawal of contract offer. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling, or to sell a new residential structure or zero-lot-line dwelling constructed by the contractor, shall make a written offer to the property owner or original purchaser of the structure or dwelling of a warranty against defects in materials and workmanship for the structure or dwelling. The property owner or original purchaser of the structure or dwelling may accept or refuse the offer of a warranty by the contractor. If a contractor makes the written offer of a warranty before the contractor and the property owner both sign a written construction contract and the property owner refuses the offered warranty, the contractor may withdraw the offer to construct the structure or dwelling.

�� (2) Subsection (1) of this section does not apply to a residential structure that is a manufactured dwelling as defined in ORS 446.003. [2007 c.648 �11; 2009 c.409 �3]

�� 701.325 Condition for obtaining building permit; information notice; business licenses; local regulation. (1) If a person is required under this chapter to be licensed as a contractor, a city, county or state agency may not issue the person a building permit unless the person has a current, valid contractor license properly endorsed for the work to be performed. A city, county or state agency that requires the issuance of a permit for the construction, alteration, improvement, demolition, movement or repair of a building, structure or appurtenances to a structure shall, as a condition for issuing the permit, require the applicant for a permit to file a written statement signed by the applicant. If the applicant is a contractor, the contractor shall provide the contractor�s license number and state that the license is in full force and effect. If the applicant is exempt from licensing under this chapter, the applicant shall state the basis for the exemption. The city, county or state agency shall list the contractor�s license number on the permit issued to that contractor.

�� (2) If the applicant for a building permit is exempt from licensure under ORS 701.010 (6), the city, county or state agency shall supply the applicant with an Information Notice to Property Owners About Construction Responsibilities. The city, county or state agency may not issue a building permit for a residential structure to the applicant until the applicant signs a statement in substantially the following form:

�� (a) I have read and understand the Information Notice to Property Owners About Construction Responsibilities; and

�� (b) I own, reside in or will reside in the completed dwelling. My residential general contractor is ___, Construction Contractors Board license no. _, license expiration date ___. I will instruct my contractor that all subcontractors who work on this dwelling must be licensed with the Construction Contractors Board and properly endorsed for the work to be performed; or

�� (c) I am performing work on property I own, a residence that I reside in or a residence that I will reside in.

�� (d) I will be my own contractor and, if I hire contractors, I will hire only contractors licensed with the Construction Contractors Board and properly endorsed for the work to be performed.

�� (e) If I change my mind and do hire a residential general contractor, I will contract with a contractor who is licensed with the Construction Contractors Board and properly endorsed for the work to be performed. I will immediately notify the office issuing this building permit of the name and license number of the contractor ___.

�� (3) The Construction Contractors Board shall adopt by rule a form titled �Information Notice to Property Owners About Construction Responsibilities� that clearly describes in everyday language the responsibilities property owners are undertaking by acting as their own contractor and the problems that could develop. The responsibilities described in the form shall include, but not be limited to:

�� (a) Compliance with state and federal laws regarding Social Security tax, income tax and unemployment tax.

�� (b) Workers� compensation insurance on workers.

�� (c) Liability and property damage insurance.

�� (4) The board shall develop and furnish to city, county and state building permit offices, at no cost to the offices, the Information Notice to Property Owners About Construction Responsibilities and the statement to be signed by the permit applicant.

�� (5) A city or county that requires a business license for engaging in a business subject to regulation under this chapter shall require that the licensee or applicant for issuance or renewal of the business license file, or have on file, with the city or county, a signed statement that the licensee or applicant is licensed under this chapter.

�� (6) The provisions of this chapter are exclusive and a city, county or other political subdivision may not require or issue any registrations, licenses or surety bonds, nor charge any fee for the regulatory or surety registration of any contractor licensed with the board. This subsection does not affect the authority of a city, county or political subdivision to:

�� (a) License and levy and collect a general and nondiscriminatory license fee levied upon all businesses or upon business conducted by any firm within the city, county or political subdivision;

�� (b) Require a contractor to pay a fee, post a bond or require insurance when the city, county or political subdivision is contracting for the services of the contractor; or

�� (c) Regulate a contractor that is not required to be licensed under this chapter. [2007 c.114 �2; 2007 c.836 �16a]

�� 701.330 Consumer notice form; notice of procedure form; rules. (1) The Construction Contractors Board shall adopt by rule a consumer notice form designed to inform a property owner or original purchaser of the actions the property owner or original purchaser should take to protect the property owner in a residential structure or zero-lot-line dwelling repair, remodel or construction project or to protect the original purchaser in a residential structure or zero-lot-line dwelling construction project. The form shall briefly describe and identify additional sources of information regarding:

�� (a) Contractor licensing standards;

�� (b) Contractor bond and insurance requirements;

�� (c) The requirement to offer a warranty under ORS 701.320; and

�� (d) Other information specified by the board.

�� (2) The board shall adopt by rule a notice of procedure form that briefly describes and identifies additional sources of information regarding the procedure described under ORS 701.560 to 701.595 and other information specified by the board.

�� (3) The consumer notice form and notice of procedure form adopted by the board shall include signature lines for the contractor and for the property owner or original purchaser.

�� (4) The board shall adopt rules specifying the time and manner for a contractor to deliver a consumer notice form and notice of procedure form.

�� (5) The board may adopt rules that require a contractor to maintain evidence of delivery of the consumer notice form and notice of procedure form and that specify the retention period for and the form of that evidence. [2007 c.648 �14; 2009 c.409 �4]

�� 701.335 Recommended maintenance schedule; rules. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling shall provide a recommended maintenance schedule to the property owner or original purchaser of the proposed structure or dwelling at the time that the contractor makes a written offer of warranty under ORS 701.320.

�� (2) The Construction Contractors Board shall adopt rules describing the minimum information that a contractor shall provide to a property owner or original purchaser under subsection (1) of this section. The minimum information shall include, but need not be limited to, the following:

�� (a) Definitions and descriptions of moisture intrusion and water damage.

�� (b) An explanation of how moisture intrusion and water damage can occur.

�� (c) A description and recommended schedule for maintenance to prevent moisture intrusion.

�� (d) Advice on how to recognize the signs of water damage.

�� (e) Appropriate steps to take when water damage is discovered. [2007 c.648 �13; 2009 c.409 �5]

�� 701.340 Commercial structure warranty. A commercial general contractor level 1 or level 2 that constructs a new large commercial structure shall provide the owner with a two-year warranty of the building envelope and penetration components against defects in materials and workmanship. The warranty shall provide for the contractor to annually inspect the building envelope and penetration components during the warranty period. The warranty need not cover conditions resulting from improper maintenance by the owner. [2007 c.836 �12]

�� 701.345 Subcontractor list. (1) A contractor shall maintain a list that includes the names, addresses and license numbers for all subcontractors or other contractors performing work on a project for that contractor.

�� (2) The contractor must deliver the list referred to in subsection (1) of this section to the Construction Contractors Board within 72 hours after a board request made during reasonable working hours. [2007 c.114 �4]

�� 701.348 Sewer contractor requirements. (1) Every person offering to undertake or undertaking construction of building sewer piping shall comply with the requirements of ORS chapter 701.

�� (2) Every person submitting a bid or a written estimate of the costs to construct building sewer piping shall provide to potential customers, prior to an agreement to perform, the following:

�� (a) The person�s Construction Contractors Board license number;

�� (b) The applicable bonding and liability coverage; and

�� (c) The statement described in ORS 701.325 (1).

�� (3) Any person licensed under ORS 701.021 may install a building sewer after obtaining a permit for plumbing inspection under ORS 447.095.

�� (4) As used in this section, �building sewer� means that part of the system of drainage piping that conveys sewage into a septic tank, cesspool or other treatment unit that begins five feet outside the building or structure within which the sewage originates. [Formerly 701.138; 2013 c.1 �90]

�� Note: 701.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.350 [1997 c.814 ��3,3a; 1997 c.690 �6; 1999 c.402 �39; 2001 c.196 �10; 2005 c.114 �1; 2005 c.254 �13; 2005 c.432 �15a; 2007 c.222 �1; 2011 c.79 �1; renumbered 701.445 in 2015]

�� 701.355 [1997 c.814 �7; 2001 c.196 �11; 2005 c.432 �16; renumbered 701.450 in 2015]

�� 701.360 [2013 c.300 �5; renumbered 701.455 in 2015]

RETAINAGE

�� 701.410 Definitions. (1) As used in ORS 279C.555, 279C.570, 701.410, 701.420, 701.430, 701.435 and

ORS 289.250

289.250�� Limitation on income tax exemption for interest on revenue bonds

GENERAL PROVISIONS

�� 289.005 Definitions for ORS chapter 289. (1) As used in this chapter, unless the context requires otherwise:

�� (a) �Authority� means the Oregon Facilities Authority created by this chapter.

�� (b) �Bonds� or �revenue bonds� means revenue bonds, as defined in ORS 286A.001.

�� (c) �Cost� means the cost of:

�� (A) Construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project, including all lands, structures, real or personal property, rights, rights of way, air rights, franchises, easements and interests acquired or used for or in connection with a project;

�� (B) Demolition or removal of buildings or structures on land as acquired, including the cost of acquiring lands to which the buildings or structures may be moved;

�� (C) All machinery and equipment;

�� (D) Financing charges, interest prior to, during and for a period after completion of construction and acquisition, reasonably required amounts to make the project operational, provisions for reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements;

�� (E) Architectural, actuarial engineering, financial and legal services, plans specifications, studies, surveys, estimates of costs and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project;

�� (F) Management, operation or funding of a qualified program; and

�� (G) Other expenses that are necessary or incident to a project, the financing of the project or the placing of the project in operation.

�� (d) �Cultural institution� means a public or nonprofit institution within this state which engages in the cultural, intellectual, scientific, environmental, educational or artistic enrichment of the people of this state. �Cultural institution� includes, without limitation, aquaria, botanical societies, historical societies, land conservation organizations, libraries, museums, performing arts associations or societies, scientific societies, wildlife conservation organizations and zoological societies. �Cultural institution� does not mean any school or any institution primarily engaged in religious or sectarian activities.

�� (e) �Health care institution� means a public or nonprofit organization within this state that provides health care and related services, including but not limited to the provision of inpatient and outpatient care, diagnostic or therapeutic services, laboratory services, medicinal drugs, nursing care, assisted living, elderly care and housing, including retirement communities, and equipment used or useful for the provision of health care and related services.

�� (f) �Housing institution� means a public or nonprofit organization within this state that provides decent, affordable housing to low-income persons.

�� (g) �Institution� means a cultural institution, a health care institution, a housing institution, an institution for higher education, an institution for prekindergarten through grade 12 education, a school for persons with disabilities or another nonprofit.

�� (h) �Institution for higher education� means a public or nonprofit educational institution within this state authorized by law to provide a program of education beyond the high school level, including community colleges and associate degree granting institutions. �Institution for higher education� does not mean any school or any institution primarily engaged in religious or sectarian activities.

�� (i) �Institution for prekindergarten through grade 12 education� means a provider under the Oregon Prenatal to Kindergarten Program as defined in ORS 329.175, a public educational institution within this state authorized by law to provide a program of education for kindergarten through grade 12 or a nonprofit educational institution within this state that provides a program of education for prekindergarten through grade 12 as a private school. �Institution for prekindergarten through grade 12 education� does not mean a school or institution primarily engaged in religious or sectarian activities.

�� (j) �Nonprofit� means an institution, organization or entity within this state exempt from taxation under section 501(c)(3) of the Internal Revenue Code as defined in ORS

ORS 307.169

307.169)]

(Leased Public or Institutional Property)

�� 307.166 Property leased by exempt institution, organization or public body to another exempt institution, organization or public body. (1) If property is owned or being purchased by an institution, organization or public body that is granted exemption or the right to claim exemption for any of its property under a provision of law contained in this chapter, and the institution, organization or public body leases or otherwise grants the use and possession of the property to another institution, organization or public body that is likewise granted exemption or the right to claim exemption for property under a provision of law contained in this chapter, the property is exempt from taxation if used by the lessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the lessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the lessee or possessor. Likewise, if the property is sublet or otherwise the use and possession of the property is granted to another institution, organization or public body of the kind described in this subsection, the property is exempt if used by the sublessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the sublessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the sublessee or possessor.

�� (2) Except as provided in subsection (4) of this section, to obtain the exemption under this section, the lessee, sublessee or entity in possession must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or the legally authorized delegate of the head official, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) All facts relating to the ownership or purchase of the property.

�� (c) All facts relating to the use of the property by the lessee, sublessee or entity in possession.

�� (d) A true copy of the lease, sublease or other grant of use and possession covering the property for which exemption is claimed.

�� (e) Any other information required by the claim form.

�� (3)(a) The claim required under subsection (2) of this section must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or other grant of use and possession is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or other grant of use and possession is entered into if the exemption is claimed for the assessment year beginning on the preceding January 1; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed. The exemption continues as long as the ownership and use of the property remain unchanged and during the period of the lease, sublease or other grant of use and possession. If either the ownership or use changes, a new claim must be filed as provided in this section. If the lease, sublease or other grant of use and possession expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year.

�� (4)(a) In lieu of filing a claim under subsection (2) of this section, the lessor, sublessor or person granting the use and possession of property that is exempt from taxation under ORS 307.040 or 307.090 to a lessee, sublessee or entity the property of which is eligible for exemption under ORS 307.040 or 307.090 must provide the assessor of the county in which the property is located with the following information as soon as practicable after execution of a lease, sublease or other grant of use and possession of the property:

�� (A) The name and address of the lessee, sublessee or possessor;

�� (B) Upon request of the assessor, a copy of the lease, sublease or other grant of use and possession of the property; and

�� (C) The location of the property.

�� (b) Upon compliance with paragraph (a) of this subsection, the property is exempt from taxation under this section during the term of the lease, sublease or other grant of use and possession. [1977 c.884 �26 (enacted in lieu of 307.164); 1991 c.459 �45; 1993 c.104 �1; 1997 c.154 �1; 1997 c.541 �107; 1999 c.579 �19; 2009 c.626 �3; 2011 c.655 �3; 2013 c.193 �15; 2017 c.554 �2]

�� 307.168 State land under lease. (1) Notwithstanding ORS 307.110, all land leased by any person from the State Land Board or agency with authority over land under ORS 273.141 is exempt from taxation.

�� (2) As used in this section �land� means the land itself, above or under water, but does not include:

�� (a) Any buildings, structures, improvements, machinery, equipment or fixtures erected upon, under, above or affixed to the land; or

�� (b) Mines, minerals, or quarries in, under or upon the land. The term �land,� however, does include all water rights appertaining to the land. [1982 s.s.1 c.25 �2; 1995 c.589 �5]

�� 307.169 [Formerly 307.165; 1991 c.459 �46; 1993 c.187 �24; repealed by 1995 c.748 �9]

�� 307.170 [Amended by 1955 c.576 �2; 1961 c.543 �5; renumbered 307.162]

�� 307.171 Sports facility owned by large city. Any sports facility owned by a city with a population of at least 500,000 is exempt from taxation, even if leased to or operated by a taxpaying entity. [2001 c.931 �2]

(Alternative Energy Systems)

�� 307.175 Alternative energy systems and community solar projects. (1) As used in this section:

�� (a) �Alternative energy system� means property consisting of solar, geothermal, wind, water, fuel cell or methane gas energy systems for the purpose of heating, cooling or generating electricity.

�� (b) �Community solar project� has the meaning given that term in ORS 757.386.

�� (2) The following property is exempt from ad valorem property taxation:

�� (a) An alternative energy system that is:

�� (A) A net metering facility, as defined in ORS 757.300; or

�� (B) Primarily designed to offset onsite electricity use.

�� (b) A community solar project.

�� (3) Notwithstanding ORS 307.110 and 308.505 to 308.674, any portion of the real property to which an alternative energy system is affixed is exempt under this section if:

�� (a) The real property is otherwise exempt from ad valorem property taxation; and

�� (b) The alternative energy system is exempt under this section.

�� (4) Property equipped with an alternative energy system is exempt from ad valorem property taxation in an amount that equals any positive amount obtained by subtracting the real market value of the property as if it were not equipped with an alternative energy system from the real market value of the property as equipped with the alternative energy system.

�� (5) A community solar project is eligible to claim the exemption granted under this section beginning on the date on which the electrical inspection for the project is completed and approved.

�� (6) A community solar project that is granted exemption under this section may not be granted any other exemption from ad valorem property taxes for the same property tax year. [1975 c.460 ��1,2; 1977 c.196 ��9,10; 1979 c.670 �1; 1991 c.459 �47; 1997 c.534 �1; 2001 c.584 �1; 2007 c.885 �1; 2011 c.656 �3; 2022 c.79 �1; 2023 c.398 �9]

�� Note: Section 4, chapter 656, Oregon Laws 2011, provides:

�� Sec. 4. (1) The amendments to ORS 307.175 by section 3, chapter 656, Oregon Laws 2011, apply to property tax years beginning on or after July 1, 2011.

�� (2)(a) The amendments to ORS 307.175 by section 1, chapter 79, Oregon Laws 2022, apply to property tax years beginning on or after July 1, 2022, and before July 1, 2024.

�� (b) The amendments to ORS 307.175 by section 9 of this 2023 Act apply to property tax years beginning on or after July 1, 2024.

�� (3) An exemption under ORS 307.175 may not be allowed for property tax years beginning after July 1, 2029. [2011 c.656 �4; 2013 c.193 �28; 2017 c.542 �1; 2022 c.79 �2; 2023 c.398 �10]

�� Note: 307.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to exemption of solar project property and payment of fee in lieu of property taxes)

�� Note: Sections 1, 2 and 3, chapter 571, Oregon Laws 2015, provide:

�� Sec. 1. (1)(a) The governing body of a county and the owner or person in possession or control of a solar project located within the county and outside the boundaries of any incorporated city may enter into an agreement that exempts from property taxes the property constituting the solar project and allows the payment of a fee in lieu of property taxes imposed on the property.

�� (b) An agreement entered into under this section:

�� (A) May not be for a term longer than 20 consecutive years;

�� (B) Must indicate how the land on which the solar project is located will be treated with respect to the exemption and fee in lieu of property taxes; and

�� (C) Must set the rate of the fee in lieu of property taxes in accordance with subsection (2) of this section.

�� (c) If any portion of a solar project is located within the boundaries of an incorporated city, the governing body of the county shall consult with the governing body of the city before entering into an agreement under paragraph (a) of this subsection. An agreement entered into under paragraph (a) of this subsection with respect to a solar project located within the boundaries of the incorporated city is not effective unless the governing body of the city is a party to the agreement.

�� (2) The fee in lieu of property taxes shall be computed at a rate not less than $5,500, and not more than $7,000, per megawatt of nameplate capacity of the solar project for each property tax year. Megawatt of nameplate capacity shall be carried to the third decimal place.

�� (3)(a) On or before December 31 preceding the first property tax year to which an agreement entered into under this section relates, the owner or person in possession or control of the solar project shall file with the assessor of the county in which the solar project is located and the Department of Revenue a copy of the agreement and the nameplate capacity of the solar project.

�� (b) For each subsequent property tax year to which the agreement relates, the owner or person in possession or control of the solar project shall include with the statement required under ORS 308.524 the nameplate capacity of the solar project.

�� (c) A filing made under paragraph (a) of this subsection after December 31 must be accompanied by a late fee of $200. A filing may not be made after March 1 preceding the property tax year to which the filing relates.

�� (4)(a) For each property tax year to which an agreement relates, the department, when certifying and transmitting the assessment roll to the county assessors under ORS 308.505 to 308.674, shall provide the nameplate capacity of each solar project paying the fee in lieu of property taxes to each assessor of a county in which a solar project is located.

�� (b) As required under ORS 311.255, the county assessors shall extend upon the tax roll against all property constituting a solar project located in the respective counties all fees in lieu of property taxes for the property tax year. The fees shall be apportioned and distributed among the taxing districts having jurisdiction over the property in the proportion that each taxing district�s total tax rate for the property tax year bears to all the taxing districts� total tax rates for the property tax year.

�� (5)(a) If the owner or person in possession or control of a solar project that has entered into an agreement under this section fails to pay the fee as required under this section, the property constituting the solar project is not exempt for the following property tax year and shall be assessed and taxed as other similar property is assessed and taxed.

�� (b) Notwithstanding paragraph (a) of this subsection, the property shall be exempt for the following property tax year upon payment, within one year after the date of delinquency, of the delinquent fee plus interest at the rate prescribed in ORS 311.505 (2). Delinquent fees and interest shall be collected in the manner provided for collection of delinquent property taxes on personal property.

�� (6)(a) If the owner or person in possession or control of the solar project fails to pay the fee in lieu of property taxes for more than one year during the term of an agreement entered into under this section, notwithstanding the agreement, the property constituting the solar project shall be disqualified for the exemption and payment of the fee in lieu of property taxes.

�� (b) Property that is disqualified under this subsection shall:

�� (A) Be assessed and taxed as other similar property is assessed and taxed.

�� (B) In addition, be assessed a penalty in an amount equal to one year of the fee in lieu of property taxes for the property. The penalty assessed under this subparagraph shall be distributed in the manner described in subsection (4)(b) of this section.

�� (7)(a) Property constituting a solar project that has received an exemption under ORS 285C.350 to 285C.370 or 307.123 for any property tax year is not eligible to pay a fee in lieu of property taxes under this section.

�� (b) Paragraph (a) of this subsection does not apply to property constituting a solar project that was the subject of an application filed pursuant to ORS 285C.350 to 285C.370 if the property did not receive the exemption for any property tax year. The election to pay the fee in lieu of property taxes for property described in this paragraph is not a disqualifying event. [2015 c.571 �1; 2019 c.628 �1; 2021 c.571 �1]

�� Sec. 2. Section 1 of this 2015 Act applies to property tax years beginning on or after July 1, 2016. [2015 c.571 �2]

�� Sec. 3. (1) Section 1, chapter 571, Oregon Laws 2015, is repealed on January 2, 2028.

�� (2) Notwithstanding subsection (1) of this section, property constituting a solar project that is exempt from property taxes under section 1, chapter 571, Oregon Laws 2015, on the date specified in subsection (1) of this section shall continue to be exempt and to pay the fee in lieu of property taxes for the term specified in the agreement entered into under section 1, chapter 571, Oregon Laws 2015. [2015 c.571 �3; 2021 c.571 �2]

(Temporary provisions relating to exemption of property that will be seismically retrofitted)

�� Note: Sections 1 to 6, chapter 537, Oregon Laws 2017, provide:

�� Sec. 1. (1) As used in sections 1 to 5 of this 2017 Act:

�� (a)(A) �Eligible costs� means costs that are:

�� (i) Directly related to the work necessary to seismically retrofit eligible property; and

�� (ii) Incurred after an application relating to the retrofitting has been approved under section 2 of this 2017 Act.

�� (B) �Eligible costs� includes, but is not limited to:

�� (i) All costs directly related to structural seismic retrofitting, including, but not limited to, the necessary costs of demolition and restoration of similar architectural finishes, electrical systems, plumbing and mechanical systems necessary for access; and

�� (ii) Architectural and engineering fees, and fees for testing, insurance and project management, related to the seismic retrofitting.

�� (C) �Eligible costs� does not include:

�� (i) Costs associated with refurbishing or remodeling that are intended to enhance the aesthetics, functionality or marketability of the improvements but do not extend the seismic life safety of the improvements; or

�� (ii) Costs for abatement of hazardous materials, including, but not limited to, asbestos, or for relocation or loss of rent during the seismic retrofitting.

�� (b) �Eligible property� means improvements built before January 1, 1993, that constitute a commercial, industrial or multifamily building.

�� (2) The governing body of a city or county may adopt an ordinance or resolution providing for exemption or partial exemption from ad valorem property taxation of eligible property that will be seismically retrofitted.

�� (3)(a) An ordinance or resolution adopted under this section must specify the eligibility requirements for the exemption or partial exemption.

�� (b) Notwithstanding paragraph (a) of this subsection, property is not eligible for an exemption or partial exemption pursuant to this section if, at the time an application for the property is filed under section 2 of this 2017 Act, the property is:

�� (A) Subject to assessment under ORS 308.505 to 308.681 [series became 308.505 to 308.674]; or

�� (B) State-appraised industrial property as defined in ORS 306.126.

�� (4)(a) An ordinance or resolution adopted under this section must specify the period, not to exceed 15 years, for which the exemption or partial exemption may be granted.

�� (b) Eligible property may be granted exemption or partial exemption under this section until the earlier of:

�� (A) The expiration of the period for which the eligible property is eligible for exemption or partial exemption under paragraph (a) of this subsection; or

�� (B) The date on which the dollar amount of the tax benefit from the exemption or partial exemption equals the eligible costs for the property.

�� (c) The ordinance or resolution may:

�� (A) Further restrict eligible properties to unreinforced masonry buildings, unreinforced concrete buildings or any other building type considered seismically dangerous by the governing body of the city or county; and

�� (B) Impose any other conditions for the exemption or partial exemption that do not conflict with sections 1 to 5 of this 2017 Act.

�� (5)(a) A city or county may amend or repeal an ordinance or resolution adopted under this section at any time.

�� (b) Notwithstanding paragraph (a) of this subsection, eligible property that is granted an exemption or partial exemption under this section when the ordinance or resolution is amended or repealed shall continue to receive the exemption or partial exemption for the period granted, pursuant to the provisions of the ordinance or resolution in effect when the property was initially granted the exemption or partial exemption.

�� (6)(a) An ordinance or resolution adopted under this section does not become effective unless the rates of taxation of the taxing districts located within the territory of the city or county whose governing bodies agree to the exemption or partial exemption, when combined with the rate of taxation of the city or county that adopted the ordinance or resolution, equal 75 percent or more of the total combined rate of taxation within the territory of the city or county. In agreeing to the exemption or partial exemption, the governing bodies of the taxing districts shall impose a limit on the total amount of exemptions and partial exemptions that may be approved.

�� (b) If an ordinance or resolution becomes effective pursuant to paragraph (a) of this subsection, the exemption or partial exemption shall be effective for the tax levies of all taxing districts in which an eligible property that is granted an exemption or partial exemption is located. [2017 c.537 �1]

�� Sec. 2. (1)(a) The owner of eligible property seeking an exemption or partial exemption for the eligible property under an ordinance or resolution adopted pursuant to section 1 of this 2017 Act must file an application, with the governing body of the city or county that adopted the ordinance or resolution, on or before March 15 preceding the beginning of the property tax year for which the exemption or partial exemption is sought. A single application may be filed for eligible property in contiguous tax accounts under common ownership.

�� (b) Notwithstanding paragraph (a) of this subsection, an application may be filed after March 15 and on or before December 31 if the application is accompanied by a late filing fee equal to the greater of $200 or one-tenth of one percent of the real market value of the eligible property to which the application relates as of the assessment date for that tax year.

�� (2) An application filed pursuant to this section must include:

�� (a) The address of the eligible property.

�� (b) Documentation showing the ownership of the eligible property by the person filing the application.

�� (c) Documentation showing that all applicable eligibility requirements have been met.

�� (d) Documentation of estimated eligible costs with respect to the eligible property prepared by a person unrelated to the owner of the eligible property and having expertise in estimating such costs. Documentation of eligible costs may include, but is not limited to, bids, cost estimates, copies of contracts, notes and minutes of contract negotiations and accounts, invoices, sales receipts and other payment records of purchases, sales, leases and other transactions relating to the eligible costs.

�� (e) Plans, calculations and any other documentation prepared and stamped by a registered structural engineer or architect establishing to the satisfaction of the city or county that the proposed seismic retrofitting meets or exceeds the standard defined as Basic Performance Objective for Existing Buildings in the Seismic Evaluation and Retrofit of Existing Buildings ASCE/SEI 41-13, published by the American Society of Civil Engineers and the Structural Engineering Institute, as in effect on December 31, 2016, unless the governing body of the city or county has expressly approved or required a different standard that enhances life safety in a seismic event. The documentation must include seismic retrofitting for any parapets, cornices and chimneys. The standard of care for documentation prepared and stamped under this paragraph is the same as for documents stamped in accordance with ORS 671.025 or 672.020.

�� (f) Documentation of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (g) An application fee, if any, required by the city or county.

�� (3) The application shall be reviewed by the city or county. The city or county may consult with the owner of the eligible property about the application, and the owner may amend the application.

�� (4)(a) If the city or county determines that the application does not meet the requirements of this section, the city or county shall promptly notify the owner of the eligible property in writing that the application is not approved, stating the reasons for the determination. A determination under this paragraph is not reviewable, but the owner of the eligible property may file an application under this section for any subsequent year.

�� (b) If the city or county determines that the application meets the requirements of this section, the city or county shall promptly:

�� (A) Notify the owner of the eligible property in writing that the application is approved; and

�� (B) Notify the county assessor in writing that the application is approved and certify the period for which the exemption or partial exemption is granted and the estimated eligible costs with respect to the eligible property, reduced by any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (5) The assessor of the county in which the eligible property granted an exemption or partial exemption is located may charge the owner a fee of up to $200 for the first year and up to $100 for each subsequent year for which the exemption or partial exemption is granted to compensate the assessor for duties imposed under sections 1 to 5 of this 2017 Act.

�� (6) Upon receiving notice under subsection (4) of this section of the approval of an application, the owner of the eligible property shall cause to be recorded with the clerk of the county in which the eligible property is located a notice that contains a legal description of the eligible property and a statement that the eligible property has been granted a property tax exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act and that the owner, or the owner�s successor or assignees, may be liable for additional taxes under section 5 of this 2017 Act.

�� (7) The transfer of the eligible property shall not disqualify the eligible property from an exemption or partial exemption granted to the eligible property under the ownership of the transferor, provided the transferee:

�� (a) Notifies the city or county and the county assessor as soon as practicable of the transfer and of the transferee�s intention to continue the seismic retrofitting in a manner consistent with the requirements of sections 1 to 5 of this 2017 Act; and

�� (b) Complies with all requirements under sections 1 to 5 of this 2017 Act. [2017 c.537 �2]

�� Sec. 3. (1) An ordinance or resolution adopted under section 1 of this 2017 Act must state the percentage of the exemption to be applied to the real market value of the eligible property.

�� (2) The exemption or partial exemption shall apply to existing eligible property of any classification under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C) that is consistent with the definition of �eligible property� under section 1 of this 2017 Act.

�� (3) ORS 307.032 applies to eligible property granted partial exemption under the ordinance or resolution.

�� (4) Each year the county assessor shall add to the assessment and tax rolls of the county, with respect to the eligible property granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act, the notation �potential additional tax.� [2017 c.537 �3]

�� Sec. 4. (1)(a) Each year, on or before a date prescribed by the city or county that adopted the ordinance or resolution under section 1 of this 2017 Act pursuant to which eligible property is granted an exemption or partial exemption, the owner of the eligible property shall submit documentation of actual eligible costs incurred and an updated estimate of the eligible costs to the city or county, as applicable.

�� (b) The owner shall include with the documentation the amount of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act. The city or county shall report the amount of the incentives to the assessor of the county in which the eligible property is located, who shall reduce the eligible costs for the eligible property by the amount of the incentives.

�� (2)(a) If the updated estimate of the eligible costs is greater or less than the original estimate by 10 percent or more, the city or county shall submit the documentation and updated estimate to the county assessor.

�� (b) Upon receipt, the county assessor shall recompute the assessed value and maximum assessed value of the eligible property under ORS 308.156, beginning with the first year for which the eligible property was granted exemption or partial exemption.

�� (c) The values as recomputed under this section shall apply to the remaining period for which the eligible property has been granted exemption or partial exemption. Delinquent taxes may not be assessed or collected, and refunds may not be paid, as a consequence of the recomputation under this section for property tax years preceding the remaining period. [2017 c.537 �4]

�� Sec. 5. (1) Eligible property that is granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act shall continue to receive the exemption or partial exemption until the eligible property is disqualified by the earliest of:

�� (a) The expiration of the period for which the exemption or partial exemption was certified under section 2 of this 2017 Act.

�� (b) The date on which the dollar amount of the exemption or partial exemption equals the eligible costs for the eligible property.

�� (c) The discovery by the city or county that the owner of the eligible property has failed to:

�� (A) Comply with the eligibility requirements adopted by the city or county;

�� (B) Begin or make reasonable progress on seismic retrofitting of the eligible property; or

�� (C) Perform the seismic retrofitting of the eligible property in substantial compliance with documentation described in section 2 (2)(e) of this 2017 Act that was included in the application relating to the eligible property approved under section 2 of this 2017 Act.

�� (d) The discovery by the city or county that any statement or representation in any documentation filed pursuant to section 2 of this 2017 Act was misleading or false.

�� (2) The city or county may provide an owner with the opportunity to cure the grounds for disqualification under subsection (1) of this section.

�� (3) The city or county shall notify the county assessor of the disqualification of eligible property from exemption or partial exemption under this section, and upon disqualification the eligible property shall be assessed and taxed under ORS

ORS 308.151

308.151; or

�� (c) This state, if the property for which the maximum assessed value is being adjusted is property that is centrally assessed under ORS 308.505 to 308.674.

�� (2)(a) �Average maximum assessed value� means the value determined by dividing the total maximum assessed value of all property in the same area in the same property class by the total number of properties in the same area in the same property class.

�� (b) In making the calculation described under this subsection, the following property is not taken into account:

�� (A) New property or new improvements to property;

�� (B) Property that is partitioned or subdivided;

�� (C) Property that is rezoned and used consistently with the rezoning;

�� (D) Property that is added to the assessment and tax roll as omitted property; or

�� (E) Property that is disqualified from exemption, partial exemption or special assessment.

�� (c) Paragraph (b)(B), (C), (D) and (E) of this subsection does not apply to the calculation of average maximum assessed value in the case of property centrally assessed under ORS 308.505 to 308.674.

�� (3)(a) �Average real market value� means the value determined by dividing the total real market value of all property in the same area in the same property class by the total number of properties in the same area in the same property class.

�� (b) In making the calculation described under this subsection, the following property is not taken into account:

�� (A) New property or new improvements to property;

�� (B) Property that is partitioned or subdivided;

�� (C) Property that is rezoned and used consistently with the rezoning;

�� (D) Property that is added to the assessment and tax roll as omitted property; or

�� (E) Property that is disqualified from exemption, partial exemption or special assessment.

�� (c) Paragraph (b)(B), (C), (D) and (E) of this subsection does not apply to the calculation of average real market value in the case of property centrally assessed under ORS 308.505 to 308.674.

�� (4) �Lot line adjustment� means any addition to the square footage of the land for a real property tax account and a corresponding subtraction of square footage of the land from a contiguous real property tax account.

�� (5)(a) �Minor construction� means additions of real property improvements, the real market value of which does not exceed $18,200 in any assessment year or $45,000 for cumulative additions made over five assessment years.

�� (b) For each assessment year beginning on or after January 1, 2025, the Department of Revenue shall adjust the dollar amounts in paragraph (a) of this subsection by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, since the assessment year beginning on January 1, 2024.

�� (6)(a) �New property or new improvements� means changes in the value of property as the result of:

�� (A) New construction, reconstruction, major additions, remodeling, renovation or rehabilitation of property;

�� (B) The siting, installation or rehabilitation of manufactured structures or floating homes; or

�� (C) The addition of machinery, fixtures, furnishings, equipment or other taxable real or personal property to the property tax account.

�� (b) �New property or new improvements� does not include changes in the value of the property as the result of:

�� (A) General ongoing maintenance and repair; or

�� (B) Minor construction.

�� (c) �New property or new improvements� includes taxable property that on January 1 of the assessment year is located in a different tax code area than on January 1 of the preceding assessment year.

�� (7) �Property class� means the classification of property adopted by the Department of Revenue by rule pursuant to ORS 308.215, except that in the case of property assessed under ORS 308.505 to 308.674, �property class� means the total of all property set forth in the assessment roll prepared under ORS 308.540. [1997 c.541 �9; 1999 c.579 �20; 2012 c.30 �2; 2017 c.414 �3; 2023 c.432 �1]

�� 308.150 [1983 c.307 �3; renumbered 223.327 in 1987]

�� 308.151 Certain cities authorized to define �area� as city by ordinance or resolution; supermajority required; software costs withheld from property taxes. (1) This section applies to a city if the majority of the population of the city resides in a county with a population greater than 700,000.

�� (2)(a) For purposes of ORS 308.149, the governing body of a city may adopt an ordinance or resolution defining �area� to mean the city.

�� (b) An ordinance or resolution may be adopted under this section only after a public hearing and must be approved by a three-fifths majority of the members of the governing body of the city.

�� (3) A governing body that adopts an ordinance or resolution under this section must notify the county assessor on or before January 1 of the assessment year for which the city first intends the definition to apply.

�� (4) The governing body of a city may not adopt an ordinance or resolution under this section, or repeal such an ordinance or resolution, more often than once in five years.

�� (5)(a) The county assessor may withhold from property tax distributions made under ORS 311.395 to cities located in the county amounts for the actual costs incurred by the county for software upgrades required because of the adoption by the cities of ordinances and resolutions under this section.

�� (b) Amounts withheld under this subsection:

�� (A) Shall be in proportion to the total property taxes imposed in the current tax year by cities adopting ordinances or resolutions under this section; and

�� (B) May not exceed $60,000 in total. [2017 c.414 �2]

�� Note: Section 5, chapter 414, Oregon Laws 2017, provides:

�� Sec. 5. (1) A definition of �area� adopted under section 2 of this 2017 Act [308.151] may not be applied to any assessment year beginning before January 1, 2019.

�� (2) Notwithstanding subsection (1) of this section, a definition of �area� adopted under section 2 of this 2017 Act may be applied to assessment years beginning on or after January 1, 2018, with the written consent of the assessor of the county in which the city adopting the definition is located. [2017 c.414 �5]

�� 308.153 New property and new improvements to property. (1) If new property is added to the assessment roll or improvements are made to property as of January 1 of the assessment year, the maximum assessed value of the property is the sum of:

�� (a) The maximum assessed value determined under ORS 308.146; and

�� (b) The product of the value of the new property or new improvements determined under subsection (2)(a) of this section multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the assessment year.

�� (2)(a) The value of new property or new improvements equals the real market value of the new property or new improvements reduced (but not below zero) by the real market value of retirements from the property tax account.

�� (b) If the maximum assessed value of property is adjusted for fire or act of God or for demolition or removal of a building under ORS 308.146, the reduction in real market value due to fire or act of God or demolition or removal of the building may not be considered to be a retirement under this subsection.

�� (3)(a) For purposes of this section, property shall be considered new property, or new improvements to property, for a tax year if the property:

�� (A) Constituted an integral part of the land or improvements on the assessment date or the date of a site inspection by the assessor for appraisal purposes for any prior tax year;

�� (B) Has been continuously in existence since the prior tax year; and

�� (C) Was not included in the assessment of the land or improvements for any prior tax year.

�� (b) The following is evidence that the property was not included in the assessment of the land or improvements for a prior tax year:

�� (A) There is no express reference to the property in the records of the assessor; and

�� (B) The assessor�s valuation of the land or improvements of which the property is an integral part increases as a result of inclusion of the property in the assessment.

�� (4) The property�s assessed value for the year equals the lesser of:

�� (a) The property�s maximum assessed value; or

�� (b) The property�s real market value. [1997 c.541 �11; 1999 c.1003 �4; 2001 c.509 �9; 2007 c.516 �2; 2015 c.97 �2; 2015 c.480 �2]

�� 308.156 Subdivision or partition; rezoning; omitted property; disqualification from exemption, partial exemption or special assessment; rules. (1) If property is subdivided or partitioned after January 1 of the preceding assessment year and on or before January 1 of the current assessment year, then the property�s maximum assessed value shall be established as provided under this section.

�� (2) If property is rezoned and, after January 1 of the preceding assessment year and on or before January 1 of the current assessment year, the property is used consistently with the rezoning, the property�s maximum assessed value shall be established under this section.

�� (3)(a) For the first tax year for which property is added to the property tax account as omitted property, the property�s maximum assessed value shall be established under this section.

�� (b) For tax years subsequent to the first tax year for which property is added to the property tax account as omitted property, the property�s maximum assessed value shall be determined as otherwise provided by law, taking into account the maximum assessed value of the property as determined under this section.

�� (4)(a) If property was subject to exemption, partial exemption or special assessment as of the January 1 assessment date of the preceding assessment year and is disqualified from exemption, partial exemption or special assessment as of the January 1 of the current assessment year, the property�s maximum assessed value shall be established under this section.

�� (b) If property described in this subsection is eligible for a different type of exemption, partial exemption or special assessment as of January 1 of the current assessment year, the property�s maximum assessed value shall be established under the provision granting the partial exemption or special assessment.

�� (5) The property�s maximum assessed value shall be the sum of:

�� (a) The maximum assessed value determined under ORS 308.146 that is allocable to that portion of the property not affected by an event described in subsection (1), (2), (3) or (4)(a) of this section; and

�� (b) The product of the real market value of that portion of the property that is affected by an event described in subsection (1), (2), (3) or (4)(a) of this section multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the assessment year.

�� (6) The property�s assessed value for the year shall equal the lesser of:

�� (a) The property�s maximum assessed value; or

�� (b) The property�s real market value.

�� (7) The Department of Revenue shall provide by rule the method by which the allocations described in subsection (5) of this section are to be made. [1997 c.541 �13; 1999 c.500 �1; 1999 c.579 �21; 2001 c.509 �10; 2005 c.213 �1; 2017 c.414 �4]

�� 308.159 Lot line adjustments. If a lot line adjustment is made with respect to property, the maximum assessed value of the property may be adjusted to reflect the lot line adjustment, but the total maximum assessed value of all property affected by the lot line adjustment may not exceed the total maximum assessed value of the affected property determined under ORS 308.146, or, if applicable, under ORS 308.153 or

ORS 308.153

308.153, 308.156 and 308.159, the maximum assessed value must first be determined under subsection (1) of this section and then further adjusted under ORS 308.159.

�� (5) If the maximum assessed value of property is subject to adjustment for fire or act of God, the maximum assessed value must first be determined under ORS 308.146 (5)(a) and then may be adjusted as provided in subsections (1) to (4) of this section.

�� (6) If the maximum assessed value of property is subject to adjustment for demolition or removal of a building, the maximum assessed value must first be determined under ORS 308.146 (8)(a) and then may be adjusted as provided in subsections (1) to (4) of this section. [1997 c.541 �17; 1999 c.1003 �6; 2003 c.30 �1; 2009 c.443 �2; 2015 c.480 �3]

�� 308.170 [1983 c.259 �2; renumbered 223.878 in 1987]

ASSESSMENT ROLL; METHOD OF ASSESSMENT

�� 308.205 Real market value defined; rules. (1) Real market value of all property, real and personal, means the amount in cash that could reasonably be expected to be paid by an informed buyer to an informed seller, each acting without compulsion in an arm�s-length transaction occurring as of the assessment date for the tax year.

�� (2) Real market value in all cases shall be determined by methods and procedures in accordance with rules adopted by the Department of Revenue and in accordance with the following:

�� (a) The amount a typical seller would accept or the amount a typical buyer would offer that could reasonably be expected by a seller of property.

�� (b) An amount in cash shall be considered the equivalent of a financing method that is typical for a property.

�� (c) If the property has no immediate market value, its real market value is the amount of money that would justly compensate the owner for loss of the property.

�� (d) If the property is subject to governmental restriction as to use on the assessment date under applicable law or regulation, real market value shall not be based upon sales that reflect for the property a value that the property would have if the use of the property were not subject to the restriction unless adjustments in value are made reflecting the effect of the restrictions. [Amended by 1953 c.701 �2; 1955 c.691 ��1, 2; 1977 c.423 �2; 1981 c.804 �34; 1989 c.796 �30; 1991 c.459 �88; 1993 c.19 �6; 1997 c.541 �152]

�� 308.207 Computation of real market value for taxing or bonding limitations. (1) If the taxing or bonding power of any governmental unit is limited to a millage or percentage of the real market value of the taxable property within the unit, the real market value shall be the real market value as reflected in the last certified assessment roll.

�� (2) Changes in the boundary lines of a governmental unit shall be taken into account in computing its real market value for purposes of subsection (1) of this section even though such boundary changes may not be included on the latest assessment roll.

�� (3) As used in this section, �governmental unit� includes the state, counties, cities, municipal corporations, and all special districts having the power to levy taxes or issue bonds. [1963 c.9 �1; 1967 c.293 �22; 1981 c.804 �35; 1991 c.459 �89; 1999 c.1078 �83]

�� 308.210 Assessing property; record as assessment roll; changes in ownership or description of real property and manufactured structures assessed as personal property. (1) The assessor shall proceed each year to assess the value of all taxable property within the county, except property that by law is to be otherwise assessed. The assessor shall maintain a full and complete record of the assessment of the taxable property for each year as of January 1, at 1:00 a.m. of the assessment year, in the manner set forth in ORS 308.215. Such record shall constitute the assessment roll of the county for the year.

�� (2) Except as provided in subsections (3) and (4) of this section, the ownership and description of all real property and manufactured structures assessed as personal property shall be shown on the assessment roll as of January 1 of such year or as it may subsequently be changed by divisions, transfers or other recorded changes. This subsection is intended to permit the assessor to reflect on the assessment roll the divisions of property or the combining of properties after January 1 so as to reflect the changes in the ownership of that property and to keep current the descriptions of property. The assessor shall also have authority to change the ownership of record after January 1 of a given year so that the assessment roll will reflect as nearly as possible the current ownership of that property.

�� (3) The assessor shall not indicate any changes, divisions or transfers of properties which occurred before, on or after January 1 as a result of the division of a larger parcel of land until all ad valorem taxes, fees and other charges placed upon the tax roll on the entire parcel of property that have been certified for collection under ORS 311.105 and 311.110 have been paid. However, if the owner of one of the portions of the larger property is a public body only the change, division or transfer of that portion shall be recognized.

�� (4) The assessor shall not reflect on the assessment roll any combining of properties unless all ad valorem taxes, fees or other charges charged to the tax accounts to be combined that have been certified for collection under ORS 311.105 and 311.110 have been paid. However, if the owner of the affected property is a public body, this subsection shall not apply.

�� (5) The assessor shall notify the planning director of a city of all divisions of land within the corporate limits of the city and the planning director of a county of all divisions of land outside the corporate limits of all cities and within the county, including, but not limited to, divisions of land by lien foreclosure, divisions of land pursuant to court order and subdivisions within 30 days after the date the change in the tax lot lines was processed by the assessor. The requirements of this subsection do not apply to divisions for assessment purposes only.

�� (6) As used in this section, �public body� means the United States, its agencies and instrumentalities, the state, a county, city, school district, irrigation or drainage district, a port, a water district and all other public or municipal corporations in the state exempt from tax under ORS 307.040 or 307.090. [Amended by 1957 c.324 �1; 1969 c.454 �1; 1977 c.718 �1; 1981 c.632 �2; 1983 c.473 �1; 1983 c.718 �1; 1991 c.459 �90; 1991 c.763 �27; 1993 c.6 �4; 1995 c.610 �1; 1997 c.541 �154]

�� 308.212 Requirement for property owner to file address. (1) Any person who owns real property located in any county shall notify the county assessor for the county where the property is located of that owner�s current address and, within 30 days of the change, shall notify the assessor of any change of address.

�� (2) A notice required under subsection (1) of this section does not meet the requirements of this section unless the notice is in writing and:

�� (a) For an individual, the notice contains the residence address of the person.

�� (b) For any other person, the notice contains the name and address of persons upon whom process may be served.

�� (3) The county assessor of each county shall maintain records showing the information required to be submitted to the assessor under this section. The assessor shall note any property owner�s change of address on the tax rolls.

�� (4) Subsection (1) of this section does not apply to any government body or government agency. [1981 c.153 �49]

�� Note: 308.212 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 308.215 Contents of assessment roll; rules. (1) The assessor shall prepare the assessment roll in the following form:

�� (a) Real property shall be listed in sequence by account number or by code area and account numbers. For each parcel of real property, the assessor shall set down in the assessment roll according to the best information the assessor can obtain:

�� (A) The name of the owner or owners and, if the assessor or tax collector is instructed in writing by the owner or owners to send statements and notices relating to taxation to an agent or representative, the name of such agent or representative.

�� (B) A description as required by ORS 308.240 with its code area and account numbers.

�� (C) The property class, in accordance with the classes established by rule by the Department of Revenue.

�� (D) The number of acres and parts of an acre, as nearly as can be ascertained, unless it is divided into blocks and lots.

�� (E) The real market value of the land, excluding all buildings, structures, improvements and timber thereon.

�� (F) The real market value of all buildings, structures and improvements thereon.

�� (G) The real market value of each unit together with its percentage of undivided interest in the common elements of property subject to ORS 100.005 to 100.910 stating separately the real market value of the land, buildings, structures and improvements of each unit.

�� (H) For each parcel of real property granted an exemption under ORS 307.250 to 307.283, the real market value so exempt.

�� (I) The total assessed value, maximum assessed value and real market value of each parcel of real property assessed.

�� (b) For personal property, the assessor shall set down separately in the assessment roll, according to the best information the assessor can obtain:

�� (A) The names, including assumed business names, if any, of all persons, whether individuals, partnerships or corporations, or other owner, owning or having possession or control of taxable personal property on January 1, at 1:00 a.m. of the assessment year. If it is a partnership, the names of two general partners and the total number thereof.

�� (B) The real market value of the personal property assessed, with a separate value for each category of personal property, if any. The Department of Revenue, by rule, may establish such categories as appear useful or necessary for good tax administration.

�� (C) The number of the code area assigned by the assessor covering the situs of the property on January 1.

�� (D) The total assessed, maximum assessed and real market value for the property.

�� (c) Real property and machinery and equipment listed on the assessment roll shall each bear a distinctive designation so that machinery and equipment can be identified with the real property upon which the machinery and equipment is located.

�� (d)(A) The listing of manufactured structures on the assessment roll, whether as real or personal property, shall be done in a distinctive manner so that manufactured structures may be readily distinguished from other property.

�� (B) In lieu of listing manufactured structures on the assessment roll as real or personal property, the assessor may list manufactured structures in a separate section of the assessment roll. In any county where such separate listing of manufactured structures is made the manufactured structures assessed as real property under ORS 308.875 shall bear a distinctive designation so that it can be identified with the real property upon which it is located. In like manner the real property upon which the manufactured structure is situated shall bear a distinctive designation so that it can be identified with the manufactured structure. Where a homestead exemption is granted to a manufactured structure assessed as real property under ORS 308.875, which manufactured structure is listed on a portion of the assessment roll separate from the real property, the exempt amount shall apply first to the value of the manufactured structure, and any remainder shall apply to the parcel of land upon which it is situated.

�� (2) For purposes of the classification of real property required under subsection (1)(a)(C) of this section, property listed in paragraph (a), (b) or (c) of this subsection must be classified, together with any other property listed in the respective paragraph, separately from all other property:

�� (a) Machinery and equipment.

�� (b) Property appraised under ORS 306.126, other than machinery and equipment.

�� (c) Industrial property, other than property appraised under ORS 306.126, and commercial property.

�� (3) The Department of Revenue may by rule require that the assessment roll include information in addition to that required by subsection (1) of this section. [Amended by 1957 c.324 �2; 1963 c.270 �1; 1963 c.541 �43; 1965 c.344 �1; 1967 c.568 �1; 1971 c.529 �13; 1971 c.568 �1; 1971 c.747 �16; 1977 c.718 �6; 1979 c.692 �3; 1981 c.804 �36; 1983 s.s. c.5 �3; 1985 c.350 �1; 1985 c.613 �7; 1991 c.459 �91; 1997 c.541 �155; 1999 c.579 �4; 2012 c.30 �1]

�� 308.217 Form of assessment and tax rolls; obtaining descriptions of property. (1) For purposes of assessment and taxation, the assessment roll and the tax roll of each county shall be deemed one continuous record. They shall be made up in regular and orderly form, with appropriate headings for assessment of properties, extensions of tax levies, for payments, foreclosures, redemptions, issuance of deeds and other entries as contemplated by law. The rolls shall be in an acceptable form of record keeping, approved by the Department of Revenue, which may be, but is not limited to, bound volumes, numbered loose-leaf sheets, systematic punch cards or magnetic tape. Both rolls may be prepared as continuing rolls, covering two or more years, but all proceedings in the assessment and taxation of property for each year shall be separately exhibited therein.

�� (2) The records constituting the assessment roll may be combined with or separated from the records constituting the tax roll. The records constituting each roll may be divided, for convenience, between the assessor�s office and the tax collector�s office, with or without duplication in whole or in part in either office.

�� (3) The owner of any real property shall, upon request of the assessor, furnish to the assessor a description of the property from which its area can be computed accurately and the location and boundary lines made certain. [1965 c.344 �3 (308.217,

ORS 316.811

316.811 in 2025]

�� 316.807 Taxpayer to maintain records. (1) For each tax year in which a taxpayer claims a subtraction or exemption under ORS 316.798, the taxpayer shall maintain the records described in subsection (2) of this section, and any other records as required by the Department of Revenue under ORS 316.796 to 316.808.

�� (2) A taxpayer shall maintain, and shall furnish to the department upon the request of the department, the following:

�� (a) Account statements that show the contributions made during the tax year and the taxable interest or earnings on the account in the tax year for which the subtraction or exemption is claimed;

�� (b) The information return issued by the financial institution for the account for the tax year for which the subtraction or exemption is claimed; and

�� (c) Upon a withdrawal of funds from a first-time home buyer savings account, a copy of the real estate settlement statement demonstrating that the withdrawal was used for eligible costs. [2024 c.53 �2]

�� 316.808 Rules; financial institutions not subject to obligations related to first-time home buyer savings accounts; informational materials. (1) The Department of Revenue may adopt rules to administer ORS 316.796 to 316.808. Rules adopted under this section may not impose administrative, reporting or other obligations or requirements on financial institutions related to first-time home buyer savings accounts.

�� (2) The department may prepare and distribute informational materials regarding the first-time home buyer savings account to financial institutions and potential home buyers to publicize the availability of first-time home buyer savings accounts. [2024 c.53 �3]

�� 316.810 [1953 c.304 �101; repealed by 1969 c.493 �99]

(Additional Modifications of Taxable Income)

�� 316.811 Definitions for ORS 316.811 to 316.818. As used in ORS 316.811 to 316.818:

�� (1) �Construction job site� means the specific location of a construction project.

�� (2) �Construction project� means the construction, alteration, repair, improvement, moving or demolition of a structure and appurtenances thereto.

�� (3) �Construction worker� means a person who is a member of a recognized construction trade, craft, union or industrial occupation and who is lawfully engaged in the performance of labor, pursuant to contract or subcontract, at a construction project.

�� (4) �Traveling expenses� means daily transportation expenses that:

�� (a) Are not otherwise deductible under the federal Internal Revenue Code.

�� (b) Are incurred by a construction worker in job-related travel between a construction job site located more than 50 miles from the principal residence of the construction worker.

�� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance, but does not include meals unless the construction worker is required by the employer to stay overnight at the construction job site. [Formerly 316.806]

�� 316.812 Certain traveling expenses. In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses, as defined in ORS 316.811, incurred by a construction worker during the first year of continuous employment on the same construction job site. However, if employment on the same construction job site is temporarily interrupted for any reason whatsoever, the period of interruption shall not be taken into account in determining the one-year period. [Formerly 316.058]

�� 316.815 [1953 c.304 �102; 1955 c.582 �1; repealed by 1969 c.493 �99]

�� 316.818 Proof of expenses. The modification to federal taxable income by ORS 316.812 shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.059; 1995 c.54 �13]

�� 316.820 [1953 c.304 �103; 1963 c.627 �19 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.821 Federal election to deduct sales taxes; addition for state purposes. (1) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes must make the same election for purposes of the tax imposed by this chapter.

�� (2) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �30]

�� 316.824 Definitions for ORS 316.824 and 316.832. As used in ORS 316.824 and 316.832:

�� (1) �Forest products� means any merchantable form including but not limited to logs, poles and piling, into which a fallen tree may be cut before it undergoes manufacturing.

�� (2) �Logger� means a person commonly known as a faller or bucker who furnishes and maintains personal equipment in the commercial harvesting of forest products and who is paid on a per-unit cut basis.

�� (3) �Logging operation site� means the specific location of the commercial harvesting of forest products.

�� (4) �Traveling expenses� means daily transportation expenses that:

�� (a) Are not otherwise deductible under the federal Internal Revenue Code.

�� (b) Are incurred by a logger in job-related travel between a logging operation site located more than 50 miles from the principal residence of the logger.

�� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance but does not include meals or lodging. [Formerly 316.061]

�� 316.825 [1953 c.304 �104; repealed by 1969 c.493 �99]

�� 316.827 [1957 s.s. c.15 �7; last sentence derived from 1957 s.s. c.15 �8; 1963 c.627 �20 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.830 [1953 c.304 �105; repealed by 1969 c.493 �99]

�� 316.832 Travel expenses for loggers. (1) In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses incurred by a logger in job-related travel.

�� (2) The modification to federal taxable income by subsection (1) of this section shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.063; 1995 c.54 �14; 2011 c.83 �20]

�� 316.834 [1991 c.863 �33; repealed by 2009 c.33 �23]

�� 316.835 [1953 c.304 �106; repealed by 1969 c.493 �99]

�� 316.836 Qualified production activities income. A taxpayer that is allowed a deduction for qualified production activities income under section 199 of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �41]

�� 316.837 Addition for federal prescription drug plan subsidies excluded for federal tax purposes. A taxpayer that is allowed an exclusion from gross income under section 139A of the Internal Revenue Code for federal tax purposes shall add the amount excluded to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �42]

�� 316.838 Art object donation. (1) As used in this section, �art object� means a painting, sculpture, photograph, graphic or craft art, industrial design, costume or fashion design, tape or sound recording or film.

�� (2) A subtraction from federal taxable income is allowed for a charitable contribution of an art object, if the art object has not been previously sold or otherwise transferred by its creator and the creator makes a charitable contribution of the art object that qualifies for the deduction allowed by section 170 of the Internal Revenue Code for the tax year.

�� (3) The subtraction under this section shall equal any positive amount obtained by subtracting the amount otherwise deductible on the Oregon tax return of the taxpayer-creator for the tax year as charitable contributions from the amount that would have been deductible by the taxpayer-creator if the deduction for charitable contributions had been computed without reduction in amount under section 170 (e) of the Internal Revenue Code for the art object charitably contributed by its creator.

�� (4) The taxpayer-creator is not allowed a subtraction under this section unless the taxpayer-creator obtains an appraisal report showing the fair market value of the art object at the time the contribution was made. [Formerly 316.064; 1989 c.938 �1; 2021 c.36 �1]

�� 316.840 [1953 c.304 �107; 1961 c.506 �3; repealed by 1969 c.493 �99]

�� 316.844 Special computation of gain or loss where farm use value used. (1) Notwithstanding any other provision of this chapter, when gain or loss that is included in federal taxable income is derived from the disposition of property and the gain, loss or basis computed with respect to that disposition involves, in whole or in part, property that was valued at the property�s value for farm use or as forestland under ORS 118.155 (1995 Edition), then there shall be added to federal taxable income the difference between the taxable gain or loss that would otherwise be determined under this chapter and the gain or loss that would be taxable had the basis for federal tax purposes been computed using the forest or farm use value provided for under ORS 118.155 (1995 Edition) instead of the basis computed pursuant to section 1014 of the Internal Revenue Code.

�� (2) This section applies to gains and losses from dispositions of property acquired from a decedent, or from property the basis of which is computed in whole or in part with respect to property acquired from a decedent, whose death occurred before January 1, 1987. [Formerly 316.081; 1987 c.646 �13; 1997 c.99 �19]

�� 316.845 Exception to ORS 316.844. ORS 316.844 shall not apply in any case in which a carryover basis for certain property acquired from a decedent dying after December 31, 1976, is provided by section 1014 of the Internal Revenue Code. [Formerly 316.083]

�� 316.846 Scholarship awards used for housing expenses. (1) There shall be subtracted from federal taxable income amounts received from a scholarship awarded to the taxpayer or a dependent of the taxpayer that are used for housing expenses of the scholarship recipient at the time the scholarship recipient is attending an accredited community college, college, university or other institution of higher education.

�� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

�� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

�� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [1999 c.747 �2]

�� 316.847 National service educational award. (1) There shall be subtracted from federal taxable income amounts received as a national service educational award under 42 U.S.C. 12602, following completion of the required term of service in 42 U.S.C. 12593(b).

�� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

�� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

�� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2021 c.525 �36]

�� Note: Section 37, chapter 525, Oregon Laws 2021, provides:

�� Sec. 37. Section 36 of this 2021 Act [316.847] applies to amounts received in tax years beginning on or after January 1, 2021, and before January 1, 2027. [2021 c.525 �37]

�� 316.848 Individual development accounts. (1) In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of taxpayer deposits to an individual development account established by the taxpayer under ORS 458.685.

�� (2) Matching deposits made by a fiduciary organization to an individual development account, and interest accruing on account holder deposits and matching deposits, are exempt from taxation until withdrawn by the taxpayer.

�� (3) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described under ORS 458.685, are exempt from taxation under this chapter. A withdrawal by a taxpayer for a purpose other than an approved purpose is taxable under this chapter. [1999 c.1000 �10]

�� 316.849 [Formerly 316.145; repealed by 1993 c.475 �3]

�� 316.850 Personal casualty loss. (1) There shall be subtracted from federal taxable income any amount of personal casualty loss that is incurred in Oregon and that would be deductible under section 165(c) and (h) of the Internal Revenue Code, but for the operation of section 165(h)(5) of the Internal Revenue Code.

�� (2) A subtraction under this section is allowed only for a personal casualty loss that:

�� (a) Results from an event that is the subject of a state of emergency declared by the Governor; or

�� (b) Occurs in an area subject to a Governor�s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610.

�� (3) A subtraction may not be allowed under this section if the amount described in subsection (1) of this section:

�� (a) Is a loss from theft; or

�� (b) Is taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2023 c.324 �2]

�� Note: Section 3, chapter 324, Oregon Laws 2023, provides:

�� Sec. 3. Section 2 of this 2023 Act [316.850] applies to tax years beginning on or after January 1, 2020, and before January 1, 2026. [2023 c.324 �3]

�� 316.852 [1999 c.358 �2; 2011 c.301 �3; repealed by 2025 c.36 �4]

�� 316.853 Addition for amount deducted as deemed repatriation. In addition to the other modifications to federal taxable income contained in this chapter, to derive Oregon taxable income there shall be added to federal taxable income any amount deducted, for the tax year, for federal income tax purposes under section 965(c)(1) of the Internal Revenue Code. [2019 c.556 �2]

�� 316.854 [Formerly 316.150; 1985 c.802 �16a; repealed by 1987 c.293 �70]

�� 316.855 [1953 c.304 �108; 1963 c.305 �1; repealed by 1969 c.493 �99]

�� 316.856 Severance pay; rules. (1) As used in this section:

�� (a) �Invest� means to exchange cash for equity, debt, convertible debt or management responsibilities, accompanied by terms that substantiate ownership or control of an interest in a business. �Invest� does not mean to make a loan to a business.

�� (b) �Material participation� has the meaning given that term in section 469 of the Internal Revenue Code.

�� (c) �Severance pay� means funds paid to an employee upon termination of employment, other than back wages, vacation pay or sick pay.

�� (d) �Small business� has the meaning given that term in ORS 183.310.

�� (2) There shall be subtracted from federal taxable income an amount equal to severance pay that a taxpayer receives during the tax year and invests in a new or existing small business in this state if:

�� (a) The investment occurs on or before the due date for the return for the tax year or the expiration of the extension period for filing that return, if any;

�� (b) The investment continues for at least 24 months following termination of employment;

�� (c) The taxpayer materially participates in the small business;

�� (d) The taxpayer has not previously claimed a subtraction under this section; and

�� (e) The small business is not the employer that paid the severance pay and does not have any owner in common with the employer that paid the severance pay.

�� (3) The subtraction under this section may not exceed the lesser of:

�� (a) The minimum balance of principal that remains invested by the taxpayer in the small business at the close of any month during the 24 months following termination of employment; or

�� (b) $500,000.

�� (4) If at any time the Department of Revenue determines that a taxpayer is not in compliance with any of the provisions of this section, the department shall disallow the subtraction under this section. Upon this disallowance, the department shall determine the amount of tax due absent the subtraction under this section and immediately shall collect any taxes due by reason of the disallowance.

�� (5) The Department of Revenue shall establish by rule procedures for administering this section, including procedures for verifying the receipt of severance pay by the taxpayer. [2010 c.66 �2]

�� 316.857 [1989 1985 c.352 �2; renumbered

ORS 358.487

358.487 (2)(d).

�� (j) The owner�s demolition of the property.

�� (k) The owner�s substantial alteration of the property in a way that does not meet the historic rehabilitation standards.

�� (2)(a) When, for any reason, the property or any portion ceases to qualify as historic property, the owner at the time of change shall notify the assessor and the State Historic Preservation Officer of the change prior to the next January 1 assessment date.

�� (b) The officer makes final determinations of whether historic property is disqualified for special assessment under ORS 358.480 to 358.545.

�� (3) Except as provided by subsection (1)(a) of this section, disqualification does not constitute completion of a 10-year period of special assessment certified under ORS 358.490 or preclude a property�s future special assessment under ORS

ORS 381.755

381.755. The executive director serves at the pleasure of the board. Subject to any rules adopted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission.

�� (2) Before construction may begin on a bridge, the board must appoint or retain legal counsel, including but not limited to bond counsel, to furnish or cause to be furnished to the commission any opinions, advice and counsel requested by the commission, and to represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission.

�� (3) The commission may employ such engineering, technical, legal, administrative, operating or other personnel, officers or agents on a regular, part-time or consulting basis as the commission deems necessary or beneficial to the performance of the commission�s duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of the commission�s officers and employees. Employees of the commission are afforded the labor rights and protections afforded to public employees under the laws of the state within which the primary place of business of the commission is situated.

�� (4) All privileges and immunities from liability, laws and benefits that apply to directors, officers, agents or employees of a municipal corporation under the applicable laws described in ORS 381.745 apply to the directors, officers, agents and employees of the commission.

�� (5) The commission may purchase insurance or self-insure to protect and hold personally harmless any of the directors, officers, employees or agents of the commission from any action, claim or proceeding arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the commission of the directors, officers, employees and agents, and to hold the directors, officers, employees and agents harmless from any expenses connected with the defense, settlement or monetary judgments arising from the actions, claims or proceedings.

�� (6) The commission may purchase insurance or self-insure against loss or damage to any of the commission�s properties or facilities, damage to persons or property, loss of revenues or other coverages, as the board may elect to accomplish the purposes of the commission. The board may determine the form and amount of the insurance coverage, provided that the insurance amount satisfies the requirements of any agreement arising from the issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with a state, a local government or a combination of states and local governments, to acquire or maintain insurance.

�� (7) Upon request by the State of Oregon, the State of Washington or a local government, the commission shall furnish information related to the commission�s affairs to the requester. The commission shall prepare an annual report summarizing the major activities and expenditures of the commission for the fiscal year and forecasting the major activities and expenditures of the commission for the following year. The commission shall furnish a copy of the annual report, together with any additional information the commission deems appropriate, to the local governments and other interested parties.

�� (8) Except as provided in subsection (9) of this section, a board shall prepare and adopt an annual or a biennial budget and make appropriations consistent with this subsection. In no case can the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The board may adopt, and subsequently amend, a rule establishing requirements and processes for adopting a budget. The board shall:

�� (a) Establish a budget committee;

�� (b) Publish a public notice for each meeting of the budget committee;

�� (c) Publish a public notice and hold a public hearing on the proposed budget before adopting a budget;

�� (d) Adopt the budget, as amended or revised by the board, before the start of the budget period;

�� (e) Adopt amendments to the adopted budget or adopt supplementary budgets during a budget period, as the board deems appropriate; and

�� (f) Transmit to local governments a copy of the final budget and any amended or supplementary budgets adopted by the board.

�� (9) Notwithstanding subsection (8) of this section, a commission is not required to adopt a budget for any year in which the commission does not have revenue and all revenues and expenditures for a bridge replacement project derive from and are authorized by a budget of one or more local governments. [2022 c.7 �6]

�� 381.720 Real property. (1) A commission may finance, refinance, acquire or otherwise assume control of, by purchase, lease, donation or other means, real property or personal property, structures, property rights, franchises, easements or other property interests, whether situated within the State of Oregon or the State of Washington, as the board deems necessary or incidental to the purposes of the commission.

�� (2) The commission may exercise the power of eminent domain to acquire by condemnation any property, structures, property rights, franchises, easements or other property interests situated within the State of Oregon or the State of Washington as the board deems necessary or incidental to the purposes of the commission, subject to the applicable laws described in ORS 381.745 (3). Property owned or held by a state or a local government may not be taken by the commission without the prior consent of the state or local government. [2022 c.7 �7]

�� 381.725 Revenues; rules. (1) A board shall have the exclusive power to impose, fix and periodically adjust the rate of tolls or other charges for use of a bridge owned or operated by the commission without approval, authorization or concurrence by a state legislature, state toll authority, local government, state agency, state official or other entity. The board may establish and implement rules for specifying the rate of tolls and other charges, including but not limited to discounts, exemptions and distinct rates for certain classes of vehicle and user. Nothing in ORS 383.001 to 383.245 prohibits a commission from establishing or setting a toll or other charge for use of a bridge owned or operated by the commission.

�� (2) In setting and periodically adjusting toll rates or other charges, a board shall ensure that toll rates and other charges annually yield revenue sufficient to meet the costs, expenses and obligations of the commission, including the satisfaction of the financial and other covenants made by the commission with regard to bonds or other debt instruments.

�� (3) To enforce the payment of tolls and other charges for use of a bridge, the commission may enter into agreements with the Department of Transportation and an agency of the State of Washington. An agreement may provide that:

�� (a) The department or agency shall provide information to the commission or the commission�s designee to identify registered owners of vehicles who fail to pay a toll or other charge established by the commission under this section.

�� (b) If a commission, or a commission�s designee, gives notice to the department or agency that a person has not paid a toll or other charge established under this section, the department or agency shall refuse to renew the motor vehicle registration of the motor vehicle operated by the person at the time of the violation.

�� (c) The department or agency may renew a motor vehicle registration of a person described in paragraph (b) of this subsection upon receipt of a notice from a commission, or a commission�s designee, indicating that all tolls and other charges established under this section and owed by the person have been paid.

�� (4) A transponder record or recorded image of a vehicle and the registration plate of the vehicle produced by a photo enforcement system at the time a driver of a vehicle did not pay a toll is prima facie evidence that the registered owner of the vehicle is the driver of the vehicle, provided that, if the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may identify the person who was operating the vehicle at the time the toll was not paid or pay the toll and other charges. A registered owner of a vehicle who pays a toll or other charge imposed while another person was operating the vehicle of the registered owner is entitled to full reimbursement from the operator. The rights granted to the commission to enforce the payment of tolls and other charges of the commission under ORS 381.702 to 381.755 are supplemental, and the commission may employ all other remedies available to the commission under the laws of the State of Oregon and the State of Washington.

�� (5) The proceeds from toll rates and other charges of the commission may only be used to pay the necessary and incidental costs and expenses incurred by the commission in connection with owning, constructing, operating, maintaining, renewing and governing a bridge, including but not limited to costs incurred for:

�� (a) The design, development, construction, equipping, installation, financing or refinancing of the bridge, demolition and removal of the existing bridge and mitigation of associated impacts;

�� (b) The operation, repair, maintenance, resurfacing, preservation, equipping, improvement, reconstruction, renewal and replacement of the bridge;

�� (c) The tolling of the bridge, the collection, administration and enforcement of tolls and the acquisition, leasing, maintenance and replacement of tolling equipment and software;

�� (d) The financing or refinancing of any bonds or other debt instruments of the commission;

�� (e) A reasonable return on investment for the private financing of the costs, expenses or obligations of the commission;

�� (f) The establishment and maintenance of reserves or sinking funds approved by the board; and

�� (g) Any other obligations or expenses incurred by the commission in carrying out the commission�s purposes under ORS 381.702 to 381.755.

�� (6) The commission may grant to a public or private entity by franchise, lease or in another manner the use or control of all or part of a bridge, property or facility owned or under the control of the commission, and may fix the terms, conditions, rents and other payments for the use or control.

�� (7) For the purpose of funding a bridge under ORS 381.702 to 381.755, the approaches, connecting roads, related facilities and appurtenances on both sides of the Columbia River are designated as part of the highway system of Oregon. All revenues, receipts, grants, bond proceeds and other funds of the commission may be commingled and spent to carry out the purposes of the commission, unless and to the extent otherwise restricted by the terms of a grant agreement or debt instrument. [2022 c.7 �8]

�� 381.730 Bridge design and construction. (1) The commission shall:

�� (a) Design and construct a bridge to standards and specifications satisfactory to the departments of transportation;

�� (b) Comply with all applicable permits, clearances and mitigation requirements; and

�� (c) Arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications and related reports.

�� (2) The commission may undertake construction activities that have necessary permits and for which funding is available, provided that before issuing a notice to proceed with the construction of a bridge foundation, the commission shall:

�� (a) Prepare and adopt an initial bridge finance plan to fund the design, construction, operation, maintenance, administration and governance of the bridge. Before adopting the initial bridge finance plan, a board shall require a feasibility review of the initial bridge finance plan and shall submit the feasibility review to the departments of transportation and the local governments that are parties to the commission formation agreement, for their review. Following receipt of feedback from the departments of transportation and local governments, the board may adopt the initial bridge finance plan. After the initial bridge finance plan is adopted, the board may periodically adjust or amend the initial bridge finance plan; and

�� (b) Make and enter into a written agreement with the owner of an existing bridge, under terms and conditions that are mutually agreeable, regarding the removal and disposition of the existing bridge. The agreement must address:

�� (A) The roles, responsibilities and obligations of the parties regarding the removal and disposal of the existing bridge, including the liabilities or potential liabilities incident thereto;

�� (B) The retirement of the outstanding debt for which toll revenue from the existing bridge is pledged;

�� (C) The distribution of proceeds from the salvage value of the existing bridge;

�� (D) The disposition of the property, equipment or other assets incidental to the existing bridge;

�� (E) Mitigation of impacts to existing bridge operations; and

�� (F) Any other matters to which the commission and owner of the existing bridge agree.

�� (3) For purposes of the acquisition, design, construction, installation, operation or maintenance of the bridge, or any combination thereof, the commission, without the prior or subsequent authorization, approval or concurrence by the State of Oregon, the State of Washington, a local government or other governmental entity of either state, may enter into any combination of contracts, agreements or other arrangements with one or more private entities or units of government, or any combination thereof, as the commission may elect, including, but not limited to, any alternative or supplemental public works contract such as design-build and construction manager-general contractor contracts, public-private partnership agreement, lease agreement, franchise agreement or financing agreement, and may include any terms and conditions permitted under the Oregon Constitution and the Washington State Constitution and to which the parties agree.

�� (4) As part of the construction of a bridge, a commission shall demolish, remove and dispose of an existing bridge in accordance with applicable environmental permits and the terms of an agreement between the commission and owner of the existing bridge. Unless otherwise agreed to by the owner of the existing bridge, the proceeds from the sale of salvaged materials from the existing bridge are owing to the owner. [2022 c.7 �9]

�� 381.735 Bridge operations; rules. (1) A board shall have the exclusive power to adopt and enforce the rules and regulations for the use, operation, maintenance, inspection and preservation of a bridge owned or operated by the commission, including loads permitted on the bridge and closing the bridge to any traffic deemed unsafe by the commission, provided that the commission must comply with all state and federal regulations generally applicable to bridge operations, maintenance, safety and inspections.

�� (2) A facility or property owned, leased, operated or controlled by the commission may be operated by the commission directly or by a public or private entity pursuant to a contract, lease or agreement.

�� (3) Compensation to a contractor under an operating contract may be in the form of a payment by the commission to the contractor for services rendered, a payment by the contractor to the commission for the rights to operate the facility or property or other such arrangements as the board may elect.

�� (4) A state agency or local government may pledge revenue or other assistance to support or guaranty, in whole or in part, the repayment of debt, costs of operations or capitalization of reserves of the commission under such terms as the parties may agree, and the commission may accept the assistance. [2022 c.7 �10]

�� 381.740 Financing. (1) A board, for any lawful purpose of the commission, without the necessity of any assent by electors, local governments or any other governmental entity, may by resolution or ordinance provide for the issuance and sale of:

�� (a) Revenue bonds or other debt instruments paid from and secured by all or any revenue of the commission;

�� (b) Short-term obligations, notes, warrants or other debt instruments in anticipation of any grant receipts from the federal government, a state government or a local government or other receipts of the commission; and

�� (c) Revenue refunding bonds or other refunding debt instruments for the purpose of redeeming, refinancing, extending or unifying, in whole or in part, outstanding bonds or other debt instruments.

�� (2) To the extent permitted by federal law, bonds and other debt instruments of the commission may be issued as taxable bonds or as tax-exempt bonds under the income tax laws of the United States. Notwithstanding the status of the bonds or other debt instruments for federal income tax purposes, interest paid to the owners of the bonds or other debt instruments of the commission is exempt from personal income taxes imposed by the State of Oregon or any political subdivision, district or municipality thereof.

�� (3) If the applicable laws under ORS 381.745 are those of the State of Oregon, the commission as a public body may issue and sell:

�� (a) Revenue bonds or other debt instruments under ORS 287A.150;

�� (b) Debt instruments to refund outstanding debt instruments under ORS 287A.150 (6) and

ORS 457.170

457.170;

�� (b) A description of the methods to be used for the temporary or permanent relocation of persons living, and businesses situated, in the urban renewal area, in accordance with ORS 35.500 to 35.530; and

�� (c) An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and the new units to be added. [2019 c.580 �4]

�� 457.089 Urban renewal plan and report to planning commission and affected taxing districts for recommendations before approval by municipality; taxing district concurrence required for plan that includes public building project. (1) An urban renewal agency shall forward an urban renewal plan and the accompanying report to the planning commission of the municipality for recommendations before presenting the plan to the governing body of the municipality for approval under ORS 457.095.

�� (2)(a) The urban renewal agency shall deliver the urban renewal plan and accompanying report to the governing body of each taxing district affected by the urban renewal plan, by certified mail or any form of delivery that requires a signature upon delivery or that may otherwise be tracked. The agency shall consult and confer with the taxing districts before presenting the plan to the governing body of the municipality for approval under ORS 457.095.

�� (b) The governing body of each taxing district shall have 45 days following receipt of the plan and report to submit written recommendations to the urban renewal agency. In adopting the plan, the governing body of the municipality shall accept, reject or modify the recommendations of each taxing district.

�� (3)(a) An urban renewal plan proposed on or after September 29, 2019, that includes a public building project requires the concurrence of at least three of the four taxing districts that are estimated to forgo the most property tax revenue as computed in the report accompanying the proposed plan. The question of concurrence shall be determined by a vote of the governing body of each of the four taxing districts.

�� (b) The urban renewal agency shall include with the urban renewal plan and accompanying report provided pursuant to subsection (2) of this section a request for concurrence in the inclusion of the public building project in the proposed plan.

�� (c) The governing body of each taxing district described in paragraph (a) of this subsection shall, by written resolution, concur or decline to concur in the inclusion of the public building project in the proposed plan.

�� (d)(A) If at least three of the four taxing districts described in paragraph (a) of this subsection concur, the public building project may be included in the proposed plan.

�� (B) If at least two of the four taxing districts described in paragraph (a) of this subsection do not concur, the public building project may not be included in the proposed plan.

�� (e) If the governing body of a taxing district described in paragraph (a) of this subsection does not respond within 45 days after receiving the plan and report under subsection (2) of this section, the taxing district shall be deemed to have concurred in the inclusion of all public building projects included in the plan.

�� (4) Subsections (2) and (3) of this section also apply to:

�� (a) The addition on or after September 29, 2019, of a public building project to an urban renewal plan that is not included in the plan before September 29, 2019.

�� (b) An amendment proposed on or after September 29, 2019, to an urban renewal plan that significantly increases the scope of work for a public building project to be paid for with division of taxes pursuant to ORS 457.420 to 457.470.

�� (5) An urban renewal plan may not be carried out until the plan has been approved by the governing body of each municipality in accordance with ORS 457.095 and 457.105. [2019 c.580 �5]

�� 457.090 [Repealed by 1979 c.621 �28]

�� 457.095 Approval of plan by ordinance; required contents of ordinance; notice. (1) The governing body of a municipality, upon receipt of a proposed urban renewal plan and report from the municipality�s urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission and taxing district recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance that incorporates the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption.

�� (2) The ordinance shall include determinations and findings by the governing body of the municipality that:

�� (a) Each urban renewal area is blighted;

�� (b) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality;

�� (c) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes;

�� (d) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly individuals or individuals with disabilities, without displacing on priority lists persons already waiting for existing federally subsidized housing;

�� (e) If acquisition of real property is provided for, it is necessary;

�� (f) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and

�� (g) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 �3; 1989 c.224 �121; 2007 c.70 �263; 2019 c.580 �6]

�� 457.100 [Amended by 1979 c.621 �12; renumbered 457.065]

�� 457.105 Approval of plan by other municipalities. In addition to the approval of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a proposed plan by a county agency, when any portion of such area is within the boundaries of a city, the governing body of the other municipality may approve the plan and may do so by resolution, rather than by ordinance. A proposed plan for an urban renewal area which is wholly within the boundaries of a city, or which is wholly within the boundaries of a county and does not include any area within the boundaries of a city, must be approved only by the governing body of the municipality in accordance with ORS 457.095. [1979 c.621 �3a; 1987 c.668 �2]

�� 457.110 [Renumbered 457.025]

�� 457.115 Manner of newspaper notice. Notice of adoption of an urban renewal plan required under ORS 457.095 and notice of filing of an annual financial statement required under ORS 457.460 shall be published in the newspaper, as defined in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. If no newspaper is published within the municipality, the required notice shall be published in the newspaper having greatest circulation within the municipality published nearest to the municipality. [1979 c.621 �3b]

�� 457.120 When additional notice required; to whom sent; contents; notice by publication. (1) In addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice of a hearing by the governing body on a proposed plan for a new urban renewal area or on a proposed change containing one of the types of amendments specified in ORS 457.085 (2)(i) to be mailed to each individual or household in one of the following groups:

�� (a) Owners of real property that is located in the municipality;

�� (b) Electors registered in the municipality;

�� (c) Sewer, water, electric or other utility customers in the municipality; or

�� (d) Postal patrons in the municipality.

�� (2) If the urban renewal area governed by the plan or substantial amendment thereof extends beyond the boundaries of the municipality, notice shall also be sent to each individual in the selected group who is located in the urban renewal area.

�� (3) The notice required by this section shall contain a statement in plain language that:

�� (a) The governing body, on a specified date, will hold a public hearing and consider an ordinance adopting or substantially amending an urban renewal plan;

�� (b) If the plan is a standard rate plan, or a reduced rate plan for which the consolidated billing tax rate includes a tax pledged to repay exempt bonded indebtedness that was approved by taxing district electors on or before October 6, 2001, the adoption or amendment may affect property tax rates;

�� (c) Sets forth the proposed maximum amount of indebtedness that can be issued or incurred under the plan or amendment;

�� (d) The ordinance, if approved, is subject to referendum; and

�� (e) A copy of the ordinance, urban renewal plan and accompanying report can be obtained by contacting a designated person within the municipality.

�� (4) If the municipality that activated the urban renewal agency is a county:

�� (a) The notice required by subsection (1) of this section shall be sent to each individual or household in one of the groups listed in subsection (1)(a) to (d) of this section, except that the notice need be sent only to those individuals or households located in a school district with territory affected or to be affected by the tax increment financing for the new urban renewal area or proposed change.

�� (b) In addition to the notice under paragraph (a) of this subsection, the county shall cause notice to be published in a paper of general circulation throughout the county. The published notice shall contain the information described in subsection (3) of this section, be published in an advertisement not less than three inches in height and three inches in width and be located in a general interest section of the newspaper other than the classified advertisement section. [1991 c.459 �335f; 1997 c.541 �445; 2019 c.580 �7]

�� 457.125 Recording of plan upon approval. A copy of the ordinance approving an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body of a municipality to the urban renewal agency. Upon receipt of the necessary approval of each municipality governing body, the urban renewal plan shall be recorded by the urban renewal agency with the recording officer of each county in which any portion of an urban renewal area within the plan is situated. [1979 c.621 �4]

�� 457.130 [1957 c.456 ��4,5; 1979 c.621 �13; renumbered 457.035]

�� 457.135 Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan purported to be adopted in conformance with applicable legal requirements shall be conclusively presumed valid for all purposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced. [1979 c.621 �5]

�� 457.140 [1957 c.456 �6; 1975 c.246 �1; 1979 c.621 �14; renumbered 457.045]

�� 457.145 [1967 c.311 �2; repealed by 1979 c.621 �15 (457.055 enacted in lieu of 457.145)]

�� 457.150 [1957 c.456 �8; repealed by 1979 c.621 �28]

�� 457.160 Exceptions to plan requirements for disaster areas. Notwithstanding any other provisions of ORS chapter 455 or 456 or this chapter, where the governing body of a municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under federal law, the governing body may declare a need for an urban renewal agency, if necessary, and may approve an urban renewal plan and an urban renewal project for such area without regard to the provisions requiring:

�� (1) That the urban renewal plan conform to the comprehensive plan and economic development plan, if any, for the municipality as a whole.

�� (2) That the urban renewal area be a blighted area. [1957 c.456 �15; 1979 c.621 �18; 1993 c.18 �114; 2019 c.625 �71]

�� 457.170 Urban renewal agency�s powers in planning or undertaking an urban renewal project. An urban renewal agency may plan or undertake any urban renewal project to carry out an approved urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power:

�� (1) To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.235, subject to the provisions of this chapter provided, however, that ORS 456.155 and 456.160 do not limit the power of an agency in event of a default by a purchaser or lessee of land in an urban renewal plan to acquire property and operate it free from the restrictions in those sections.

�� (2) To carry out any rehabilitation or conservation work in an urban renewal area.

�� (3) To acquire real property, by condemnation if necessary, when needed to carry out the plan.

�� (4) To clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements.

�� (5) To install, construct or reconstruct streets, utilities and site improvements in accordance with the urban renewal plan.

�� (6) To carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan.

�� (7) To assist in relocating persons living in, and property situated in, the urban renewal area in accordance with the approved urban renewal plan and to make relocation payments.

�� (8) To dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan.

�� (9) To plan, undertake and carry out neighborhood development programs consisting of urban renewal project undertakings in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal plans.

�� (10) To accomplish a combination of the things listed in this section to carry out an urban renewal plan. [1957 c.456 �7; 1969 c.225 �2; 1969 c.539 �1; 1979 c.621 �19; 1995 c.79 �268]

�� 457.180 Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers, may:

�� (1) Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements.

�� (2) Make plans for the enforcement of laws, codes and regulations relating to:

�� (a) The use of land.

�� (b) The use and occupancy of buildings and improvements.

�� (c) The repair, rehabilitation, demolition or removal of buildings and improvements.

�� (3) Make plans for the relocation of persons and property displaced by an urban renewal project.

�� (4) Make preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas.

�� (5) Conduct preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible.

�� (6) Develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight.

�� (7) Engage in any other housing or community development activities specifically delegated to it by the governing body of the municipality including but not limited to land acquisition and disposition, conservation and rehabilitation, residential or business relocation, construction, leasing or management of housing, and the making of grants and loans from any available source. [1957 c.456 �10; 1975 c.382 �1]

�� 457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness. (1) An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects.

�� (2) An urban renewal agency may do all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with blighted area clearance and housing projects under the Housing Authorities Law.

�� (3)(a) Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 shall include in the plan the maximum amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan.

�� (b) Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 but does not include a maximum amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS 457.220, to include the maximum amount of indebtedness that may be issued or incurred under the plan before July 1, 2000. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan on or before July 1, 2000, the urban renewal agency may not on or after July 1, 2000, issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan.

�� (c)(A) Each existing urban renewal plan that provides for a division of taxes pursuant to ORS 457.420 to 457.470 may be changed by substantial amendment no later than July 1, 1998, to include a maximum amount of indebtedness that may be issued or incurred under the plan determined as described in subparagraph (B) of this paragraph. The additional notices required under ORS 457.120 are not required for an amendment adopted pursuant to this paragraph.

�� (B) The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents.

�� (C) Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS 457.435.

�� (4) For an urban renewal plan initially approved on or after January 1, 2010, other than for a large metropolitan plan as defined in ORS 457.470, the initial maximum indebtedness that may be issued or incurred under the plan shall be established as follows:

�� (a) If the total assessed value in the certified statement under ORS 457.430 is less than or equal to $50 million, the initial maximum indebtedness may not exceed $50 million.

�� (b) If the total assessed value in the certified statement is more than $50 million and less than or equal to $150 million, the initial maximum indebtedness may not exceed $50 million plus 50 percent of the total assessed value in the certified statement that is over $50 million.

�� (c) If the total assessed value in the certified statement exceeds $150 million, the initial maximum indebtedness may not exceed $100 million, plus 35 percent of the total assessed value in the certified statement that is over $150 million.

�� (d) Beginning July 1, 2010, the dollar limits set forth in this subsection may be increased on July 1 of each year by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan.

�� (e) The limits in this subsection do not apply if the agency obtains concurrence as provided in ORS 457.470. [1957 c.456 �14; 1991 c.459 �333; 1997 c.541 �446; 2007 c.606 �12; 2009 c.700 �1]

�� 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of urban renewal agency powers and functions. (1) Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cooperate with and assist urban renewal agencies with respect to urban renewal projects that such state public body has pursuant to ORS 456.305 to 456.325 to cooperate and assist housing authorities with respect to housing projects in the same manner as though those sections were applicable to urban renewal agencies and projects under this chapter.

�� (2) Any state public body, as defined in ORS 456.305, hereby is authorized to enter into agreements with any other public body, including an urban renewal agency, respecting action to be taken pursuant to any of the powers granted by this chapter, including, but not limited to, the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.

�� (3) An urban renewal agency hereby is authorized to delegate any of its powers or functions to the municipality or other state public body, as defined in ORS 456.305, with respect to the planning or undertaking of an urban renewal project in the area in which such municipality or other state public body is authorized to act. The municipality, or other state public body to which the powers or functions are delegated hereby is authorized to carry out or perform such powers or functions. [1957 c.456 �11]

�� 457.220 Plan amendment; limit on additional land and increased maximum indebtedness. (1) Except for the provisions of subsections (2) and (4) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.

�� (2) Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan.

�� (3) An urban renewal agency may not by amendments add to the urban renewal areas of a plan land that is equal to more than 20 percent of the total land area of the original plan as calculated without taking into account any subsequent reductions of the area.

�� (4) On or after January 1, 2010, the urban renewal agency may amend a plan that is not a large metropolitan plan as defined in ORS 457.470 to increase the maximum indebtedness, provided that:

�� (a) The aggregate of all amendments under this subsection may not exceed 20 percent of the plan�s initial maximum indebtedness, as adjusted pursuant to paragraph (b) of this subsection.

�� (b) For purposes of computing the 20 percent limit on increases in maximum indebtedness, the initial maximum indebtedness may be increased annually on the anniversary date of initial approval of the plan by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan, beginning on the later of July 1, 1999, or the first anniversary of plan approval. This increase may be applied only to the first amendment to the maximum indebtedness that is made on or after January 1, 2010.

�� (5) The limits in subsection (4) of this section do not apply if the agency obtains concurrence as provided in ORS 457.470. [1957 c.456 �9; 1979 c.621 �20; 2009 c.700 �2; 2019 c.580 �9]

�� 457.230 Disposition of land in urban renewal project; determination of value; obligations of purchaser or lessee; recordation. (1) The urban renewal agency shall, in accordance with the approved urban renewal plan, make land in an urban renewal project available for use by private enterprise or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which represents the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan.

�� (2) To assure that land acquired in an urban renewal project is used in accordance with the urban renewal plan, an urban renewal agency, upon the sale or lease of such land, shall obligate purchasers or lessees:

�� (a) To use the land for the purposes designated in the urban renewal plan.

�� (b) To begin the building of their improvements within a period of time which the urban renewal agency fixes as reasonable.

�� (3) Any obligations by the purchaser shall be covenants and conditions running with the land where the urban renewal agency so stipulates.

�� (4) Any contract for the transfer of any interest in land by the urban renewal agency may be recorded in the land records of the county in which the land is situated in the same manner as any other contract for the transfer of an interest in land is recorded. [1957 c.456 �12; 1965 c.571 �1; 1967 c.312 �1]

�� 457.240 Tax status of land leased under a plan. Any property which the urban renewal agency leases to private persons as defined in ORS 174.100 under an urban renewal plan shall have the same tax status as if such leased property were owned by such private individuals or corporations. [1957 c.456 �13; 1983 c.327 �11]

�� 457.310 [1957 c.456 �16; repealed by 1979 c.621 �28]

�� 457.320 Municipal assistance under plan; assumption by urban renewal agency of general obligation bond payments of municipality. In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the carrying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assisting in the planning or the carrying out of an urban renewal plan. The urban renewal agency of the municipality may assume payment of the general obligation bonds and may use any of the moneys available to it for that purpose. [1957 c.456 �17; 1979 c.621 �21]

�� 457.410 [1961 c.554 �2; repealed by 1979 c.621 �28]

TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS

�� 457.420 Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.470. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division.

�� (2) No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection (1) of this section if:

�� (a) For municipalities having a population of more than 50,000, according to the latest state census:

�� (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

�� (B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality.

�� (b) For municipalities having a population of less than 50,000, according to the latest state census:

�� (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

�� (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of that municipality.

�� (3) Property may not be included in more than one urban renewal area. [1961 c.554 �3; 1969 c.539 �2; 1971 c.544 �4; 1979 c.621 �24; 1991 c.459 �334; 1997 c.541 �447; 2009 c.700 �3]

�� 457.430 Certification of assessed value of property in urban renewal area; amendment. (1) As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance approving the plan, of all of the taxable real and personal property contained in the urban renewal area in the county.

�� (2) Wherever only a part of an urban renewal area is located in a taxing district, the assessor also shall show in the statement required by subsection (1) of this section the assessed value of the real and personal property in the part of the urban renewal area located in the taxing district.

�� (3) One copy of the certified statement shall be filed by the assessor with the agency and the other copy shall constitute a part of the public records of the county assessor�s office.

�� (4) Whenever a part of an urban renewal area comes within the territory of a taxing district either by annexation, incorporation of a new taxing district or consolidation, after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor shall in the same manner as under subsection (3) of this section file a certified statement or an amendment to a certified statement to show the assessed value of the real and personal property in that part of the urban renewal area incorporated by annexation or consolidation into the taxing district. The assessed value of the real and personal property so incorporated shall be determined in the same manner and as of the same date as provided in subsections (1) and (2) of this section.

�� (5) When a certified statement is filed as required by subsection (1) of this section, if the law provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time of the filing, the assessor shall state the total assessed value as it is so reduced or increased. After a certified statement has been filed as required by subsection (1) of this section, if a law is enacted which provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time the certified statement was filed, the assessor shall amend the certified statement annually or as otherwise required to reduce or increase the stated total assessed value of the real and personal property accordingly. An amendment to the certified statement shall be filed in the manner provided by subsections (3) and (4) of this section.

�� (6)(a) Subject to subsections (4) and (5) of this section and paragraph (b) of this subsection, all certified statements and amendments thereto filed under this section before July 14, 1997, shall continue to remain in effect.

�� (b) Effective as of the tax year beginning on July 1, 1997, the assessor shall amend the amount of assessed value included in a certified statement by applying to the certified assessed value of each tax code area located within an urban renewal area the percentage obtained by dividing the total assessed value within the tax code area, including growth in assessed value over the certified assessed value, by the total real market value within the tax code area. [1961 c.554 �4; 1969 c.539 �3; 1979 c.621 �25; 1981 c.804 �105; 1983 s.s. c.5 �24; 1991 c.459 �335; 1997 c.541 �448]

�� 457.435 Property tax collection methods for existing plans; special levies. (1) For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS 457.420 to 457.470, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the plan as permitted by section 11 (16), Article XI of the Oregon Constitution.

�� (2) The options referred to in subsection (1) of this section are as follows:

�� (a) Option One: To collect amounts sufficient to pay the obligations, as budgeted for the plan, from ORS 457.440, and if the amount estimated to be received from ORS 457.440 is not sufficient to meet the budgeted obligations of the plan for the tax or fiscal year, to make a special levy in the amount of the remainder upon all of the taxable property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan.

�� (b) Option Two: To make a special levy in the amount stated in the notice given under ORS

ORS 476.280

476.280, the governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may, on forms furnished by the Department of the State Fire Marshal for such purposes, bill the owner of the property involved in the fire for the cost of providing the fire suppression service. The governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may determine the cost of providing the fire suppression service by use of a state standardized-costs schedule as approved by the State Fire Marshal. The cost charged for providing the fire suppression service may not be greater than the pro rata cost that would have been charged by the city or district for the performance by the city or district of a similar fire suppression service within its jurisdiction. If the cost is not paid within 30 days after the second billing, the governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may bring an action for the recovery of the unpaid cost from the owner of the real property upon which the fire suppression service was rendered. [1971 c.683 �2; 2005 c.22 �355; 2021 c.539 �130]

�� 476.310 [Amended by 1957 c.432 �1; 1963 c.222 �1; 1965 c.253 �143; 1991 c.459 �415a; 2005 c.22 �356; repealed by 2025 c.581 �31]

�� 476.320 [Amended by 1957 c.83 �5; 1965 c.253 �144; 1967 c.429 �53; 1981 c.362 �1; 1991 c.459 �415b; 1999 c.355 �1; repealed by 2025 c.581 �31]

�� 476.330 [Amended by 1955 c.262 �1; 1959 c.288 �1; 1963 c.9 �29; 1967 c.356 �1; 1969 c.590 �1; 1971 c.647 �107; 1991 c.459 �416; 2007 c.154 �63; repealed by 2025 c.581 �31]

�� 476.340 [Amended by 1955 c.262 �2; 1963 c.222 �2; repealed by 2025 c.581 �31]

FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED

�� Note: Section 32, chapter 581, Oregon Laws 2025, provides:

�� Sec. 32. Classification of zone 1 lands as Class 3 lands. Lands that are classified under ORS 476.310 [repealed] as zone 1 lands immediately prior to the effective date of this 2025 Act [September 26, 2025] are classified as Class 3 lands, as defined in ORS 526.324, unless and until reclassified. [2025 c.581 �32]

�� 476.380 Fire permits; limitations upon burning; records. (1) No person, outside the boundaries of a rural fire protection district or a forest protection district, shall cause or permit to be initiated or maintained on the property of the person, or cause to be initiated or maintained on the property of another any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing a permit from the county court or board of county commissioners.

�� (2) The county court or board of county commissioners, or its designated representative, shall prescribe conditions for issuance of any permit and shall refuse, revoke or postpone issuance of permits when necessary to prevent danger to life or property or to protect the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS

ORS 478.855

478.855.

�� (3) A revenue bond issued under ORS 478.845 to 478.875 shall not constitute a debt of the city or district within the meaning of any statutory limitation. [1995 c.725 �4; 2007 c.783 �210]

�� Note: See note under 478.840.

�� 478.855 Loan fund created from bond proceeds; other sources for fund. (1) Proceeds of revenue bonds issued and sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons for acquisition and installation of fire safety systems in structures owned by the borrowers shall be deposited in a loan fund created for the purpose by a city or district.

�� (2) In addition to proceeds from the sale of revenue bonds, the loan fund created by this section shall consist of:

�� (a) Moneys repaid to the fund by borrowers who received loans from the fund.

�� (b) Proceeds of the sales of structures acquired by the city or district as a result of loan defaults.

�� (c) Other revenues, as defined in ORS 287A.001, as determined by the city or district. [1995 c.725 �7; 2007 c.783 �211]

�� Note: See note under 478.840.

�� 478.860 Standards for eligibility for loans for fire safety systems. (1) The governing body of a city or district shall adopt standards to determine the eligibility of borrowers to borrow money from the loan fund established under ORS 478.855 for the purpose of acquiring and installing a fire safety system in a privately owned structure owned by the borrower.

�� (2) The governing body of a city or district shall also adopt a list of fire safety systems that may be financed with loans made under ORS 478.845 to 478.875. [1995 c.725 �3]

�� Note: See note under 478.840.

�� 478.865 Loan contract; repayment plan; terms and conditions. (1) Any loan contract providing for a loan of moneys to a borrower by a city or district shall include a plan for repayment by the borrower of moneys borrowed plus interest. The repayment plan:

�� (a) Shall provide that the city or district obtain a lien on the structure in which a fire safety system is installed. Except for tax liens, the lien acquired by the city or district shall have priority over all other liens on the structure.

�� (b) Shall provide for such other assurance of, and security for, repayment by the borrower as is considered necessary by the city or district.

�� (c) Shall set forth the interest rate on the loan as reasonably determined by the city or district.

�� (d) Shall provide for repayment during a period that shall be the lesser of the useful life of the proposed fire safety system or the term of the bond as determined by the city or district.

�� (2) A loan contract under subsection (1) of this section may provide that the amount of repayment by a borrower include an amount sufficient to reimburse the city or district for the borrower�s allocable share of the costs of issuing revenue bonds under ORS 478.845 to 478.875 to finance the loan contract, all administrative expenses relating to the loan contract and such amounts as may be established by the city or district to maintain a reserve in the loan fund created under ORS 478.855 to pay or reimburse future losses directly related to the loans financed with moneys from the loan fund. [1995 c.725 �5]

�� Note: See note under 478.840.

�� 478.870 Powers granted to enforce loan contracts and secure payment of bonds; reserve fund. In addition to any other powers granted by law, a city or district may:

�� (1) Make all contracts, execute all instruments and do all things necessary or convenient for the exercise of the powers granted by ORS 478.845 to 478.875, or for the performance of its covenants or duties, or in order to secure the payment of its bonds;

�� (2) Enter into and perform such contracts and agreements with borrowers as the city or district considers proper and feasible for or concerning the financing and installation of fire safety systems;

�� (3) Enter into covenants for the benefit of bond owners regarding the use and expenditure of moneys in the loan fund created by ORS 478.855; and

�� (4) Establish a reserve fund or account for the benefit of bond owners and provide that the reserve fund or account may be funded with bond proceeds, from moneys held in the general fund, an enterprise fund or other fund of the city or district or from such other revenues or sources as the governing body of the city or district may determine. [1995 c.725 �6]

�� Note: See note under 478.840.

�� 478.875 Remedies for breach of loan contract. If a borrower fails to comply with a contract entered into under ORS 478.865, the city or district may seek appropriate legal remedies to secure any repayment due the loan fund created by ORS 478.855. [1995 c.725 �8]

�� Note: See note under 478.840.

�� 478.880 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The best interest of the state is served by providing financial incentives for the installation of fire safety systems in multifamily housing.

�� (2) The design and nature of multifamily housing creates a higher fire risk than the risk to single family housing and exposes tenants to fire risks that are not within the control of the tenants.

�� (3) The presence of fire safety systems helps to defray costs for fire district equipment and equipment maintenance.

�� (4) Although the state building code allows local jurisdictions to require the installation of fire safety systems in new construction on a cost-neutral basis, there is no equivalent program for retrofitting or remodeling existing multifamily structures.

�� (5) A fire safety incentive program serves the purpose of providing financial incentive for the installation of fire safety systems in existing multifamily housing. [2001 c.614 �1]

�� Note: 478.880 and 478.885 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 478 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 478.885 Payment or repayment for cost of fire safety system installation in multifamily housing. (1) As used in this section:

�� (a) �District� means a rural fire protection district organized pursuant to ORS chapter 478.

�� (b) �Fire safety system� means a device or series of devices that protects structures from damage or destruction by fire, protects people from injury by fire or minimizes the effects of fire. �Fire safety system� includes, but is not limited to, automatic fire sprinkler systems.

�� (c) �Multifamily housing� means a structure established primarily to provide residential spaces and that provides more than one living unit. �Multifamily housing� does not include nursing homes, adult foster homes, hospitals, motels or hotels, dormitories or state institutions.

�� (d) �Owner� includes a purchaser under a recorded instrument of sale.

�� (2) A district may, by ordinance, establish a program that pays or repays to landlords part of the costs of installing fire safety systems in multifamily housing existing within the district on the effective date of the ordinance. Except as provided in this subsection, the district may establish the parameters of the program. A payment or repayment rate under the program may not exceed 50 percent of the cost of installing the fire safety system. The payment or repayment amount available for a property may not exceed the total amount paid during the preceding 10 years for all property taxes on the property, less any payment or repayment amount already provided for fire safety system installation on the property. The program must provide for the owner of the multifamily housing to apply on a form approved by the district. The program must include a uniform process for the evaluation of an application submitted by the owner of the multifamily housing. The uniform process must provide for a public hearing to determine whether the property qualifies for payment or repayment by the district. [2001 c.614 �2]

�� Note: See note under 478.880.

FIRE PREVENTION CODE; FIRE PERMITS

�� 478.910 Adoption of fire prevention code. A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [Amended by 1969 c.667 �54; 1971 c.268 �19]

�� 478.920 Scope of fire prevention code. The fire prevention code may provide reasonable regulations relating to:

�� (1) Prevention and suppression of fires.

�� (2) Mobile fire apparatus means of approach to buildings and structures.

�� (3) Providing fire-fighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures.

�� (4) Storage and use of combustibles and explosives.

�� (5) Construction, maintenance and regulation of fire escapes.

�� (6) Means and adequacy of exit in case of fires and the regulation and maintenance of fire and life safety features in factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.

�� (7) Requiring the issuance of permits by the fire chief of the district before burning trash or waste materials.

�� (8) Providing for the inspection of premises by officers designated by the board of directors, and requiring the removal of fire hazards found on premises at such inspections. [Amended by 1969 c.667 �55; 1977 c.292 �1]

�� 478.924 Approval of code by city or county required. The provisions of a fire prevention code adopted by a district after October 4, 1977, shall not apply within any city or county within the district unless the governing body of the city or county approves the fire code by resolution. [1977 c.292 �5]

�� 478.927 Building permit review for fire prevention code. A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of building permits. [1977 c.292 �4]

�� 478.930 Violation of code; failure to remove hazards; burning waste without permit prohibited. When a district has adopted a fire prevention code as provided in ORS 478.910:

�� (1) No person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of the premises.

�� (2) No person shall burn waste materials or trash in an unguarded manner without a permit, when a permit is required by the district code or this chapter. [Amended by 1969 c.667 �56]

�� 478.940 [Amended by 2021 c.539 �138; repealed by 2025 c.179 �3]

�� 478.960 Burning of certain materials permitted only with permission of fire chief; damage or injury; burning schedules and restrictions. (1) No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one�s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing permission from the fire chief of the district and complying with the direction of the fire chief. A deputy of a fire chief has the power to perform any act or duty of the fire chief under this section.

�� (2) The fire chief shall prescribe conditions upon which permission is granted and which are necessary to be observed in setting the fire and preventing it from spreading and endangering life or property or endangering the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS 468A.570 and ORS 468A.595. The State Fire Marshal shall cause all fire chiefs and their deputies in the affected area to be notified of the type and time for burning to be allowed on each day with updating messages each day as required. A fire chief or deputy shall grant permission only in accordance with the schedule of the Environmental Quality Commission but may reduce hours to be allowed for burning if necessary to prevent danger to life or property from fire. The State Fire Marshal may refuse, revoke or postpone permission when necessary in the judgment of the State Fire Marshal to prevent danger to life or property from fire, notwithstanding any determination by the fire chief.

�� (3) Nothing in this section relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the person or property of another. If such burning results in the escape of fire and injury or damage to the person or property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe.

�� (4) Within a district, no person shall, during the fire season declared under ORS 477.508, operate any equipment in forest harvesting or agricultural operations powered by an internal combustion engine on or within one-eighth of one mile of forestland unless each piece of equipment is provided with a fire extinguisher of sufficient size and capacity and with such other tools and fire-fighting equipment as may be reasonably required by the fire chief of the district. The provisions of this subsection do not apply to machinery regulated by ORS chapter 477.

�� (5) No person shall dispose of any building or building wreckage within a district by fire without having first secured permission therefor from the fire chief. No person shall refuse to comply with any reasonable requirements of the fire chief as to the safeguarding of such fire from spreading.

�� (6) This section is not intended to limit the authority of a district to adopt a fire prevention code as provided in ORS 478.910 to 478.930 or to issue permits when the burning is done by mechanical burners fired by liquefied petroleum gas.

�� (7) The fire chief shall maintain records of all permits and the conditions thereof, if any, that are issued for field burning under this section and shall submit at such times, as the Environmental Quality Commission shall require such records or summaries thereof to the commission. The Environmental Quality Commission shall provide forms for the reports required under this subsection.

�� (8) Notwithstanding any other provision of this section:

�� (a) A permit is required for field burning authorized pursuant to ORS 468A.550 to 468A.620 and

ORS 478.990

478.990�� Penalties

GENERAL PROVISIONS

�� 478.001 Definitions. (1) As used in this chapter, unless the context requires otherwise:

�� (a) �Board of directors� or �district board� means the governing body of a district.

�� (b) �County� means the county in which the district, or the greater portion of the taxable assessed value of the district, is located.

�� (c) �County board� means the county court or board of county commissioners of the county.

�� (d) �District� means a rural fire protection district proposed to be organized or organized under, or subject to, this chapter.

�� (e) �Owner� or �landowner� means a legal owner of real property or the vendee of a contract of purchase of real property, if any, to the exclusion of the vendor. The term includes a unit owner, as defined in ORS 100.005.

�� (2) As used in ORS 478.960:

�� (a) �Commercial waste� means any waste produced in any business involving the lease or sale, including wholesale and retail, of goods or services, including but not limited to housing, and means any waste produced by a governmental, educational or charitable institution; however, it does not include any waste produced in a dwelling containing four living units or less.

�� (b) �Demolition material� means any waste resulting from the complete or partial destruction of any man-made structure such as a house, apartment, commercial building or industrial building.

�� (c) �Domestic waste� means any nonputrescible waste, consisting of combustible materials, such as paper, cardboard, yard clippings, wood, or similar materials, generated in a dwelling, including the real property upon which it is situated, containing four living units or less.

�� (d) �Field burning� means the burning of any grass field, grain field, pasture, rangeland or other field by open burning or by use of mobile equipment or flaming equipment on any land or vegetation.

�� (e) �Industrial waste� means any waste resulting from any process or activity of manufacturing or construction.

�� (f) �Land clearing debris� means any waste generated by the removal of debris, logs, trees, brush or demolition material from any site in preparation for land improvement or construction projects.

�� (g) �Open burning� means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to burning conducted in open outdoor fires, common burn barrels and backyard incinerators. [1969 c.667 �2; 1975 c.635 �3; 1983 c.83 �95; 1983 c.350 �282; 1987 c.834 �5]

�� 478.002 Status of districts existing in 1957. (1) There hereby is created a rural fire protection district territorially coterminous with each rural fire protection district existing on July 2, 1957, or established after July 2, 1957, and prior to November 22, 1957, if such rural fire protection district was at that time a valid district but for the fact that its electorate was restricted to property owners. In determining the boundaries of districts created by this subsection, full effect shall be given to annexations, withdrawals and consolidations effected by rural fire protection districts prior to November 22, 1957, under this chapter or other statutes authorizing or purporting to authorize such action.

�� (2) Rural fire protection districts territorially coterminous with the districts created by subsection (1) of this section hereby are abolished.

�� (3) Rural fire protection districts created by this section shall be governed by this chapter. [1957 s.s. c.10 �1; 1959 c.344 �1]

�� 478.004 New district succeeds to and replaces abolished district. Each rural fire protection district created by ORS 478.002 shall in all respects succeed to and replace the territorially coterminous rural fire protection district abolished by ORS

ORS 62.803

62.803.

�� (11) �Manufactured housing� means a dwelling unit manufactured off-site having a minimum width of 10 feet and a minimum area of 400 square feet built on a permanent chassis and designed to be used for permanent residential occupancy whether or not on a permanent foundation, and that contains permanent eating, cooking, sleeping and sanitary facilities and meets such standards as the department determines, by rule, are reasonable to maintain the quality, safety and durability of the dwelling, the sanitary requirements of the communities in which they are located and the security of the loans that the department may finance for the purchase of the dwellings.

�� (12) �Nonprofit housing corporation� means an organization formed under ORS chapter 65 and whose articles of incorporation provide, in addition to the other requirements of ORS chapter 65, that:

�� (a) The corporation has been organized exclusively to provide housing facilities for persons and families of lower income and such other social, recreational, commercial and communal facilities as may be incidental to such housing facilities.

�� (b) All the income and earnings of the corporation shall be used exclusively for corporation purposes and that no part of the net income or net earnings of the corporation may inure to the benefit of any private individual, firm, corporation, partnership or association.

�� (c) The corporation is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership or association seeking to derive profit or gain therefrom or seeking to eliminate or minimize losses in transactions therewith.

�� (d) The operations of the corporation may be supervised by the department and that the corporation shall enter into such agreements with the department as the department may require to regulate the planning, development and management of any housing project undertaken by the corporation and the disposition of the property and other interests of the corporation.

�� (13) �Person of lower income� or �family of lower income� means:

�� (a) A person or family residing in this state whose income is not more than 80 percent of area median income, adjusted for family size, as determined by the Housing and Community Services Department based on information from the United States Department of Housing and Urban Development;

�� (b) A person or family residing in this state whose income, adjusted for family size, is below the level the Housing and Community Services Department has determined to be necessary in order to obtain in the open market decent, safe and sanitary housing, including the cost of utilities and taxes, for not more than 25 percent of the gross income of the person or family; or

�� (c) Any person or family the department determines is appropriate to treat as a person of lower income or a family of lower income incidental to the accomplishment of department programs for persons and families of lower income described in paragraphs (a) and (b) of this subsection.

�� (14) �Project cost� or �costs of the project� means the sum of all reasonable expenses incurred by a qualified housing sponsor in undertaking and completing a housing project approved by the department. �Project costs� or �costs of the project� include but are not limited to the expenses incurred by a qualified housing sponsor for:

�� (a) Studies and surveys;

�� (b) Plans, specifications, architectural and engineering services;

�� (c) Legal, organizational and other special services;

�� (d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated housing units;

�� (e) Movement of existing buildings to new sites; the cost of acquisition, or estimated fair market value, of land and other interests in real estate;

�� (f) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

�� (g) Estimated carrying charges during construction and for a reasonable period thereafter;

�� (h) Placement of tenants or occupants and relocation services in connection with the housing project;

�� (i) Reasonable builder�s or sponsor�s profit and risk allowance; and

�� (j) Development costs not otherwise included in this subsection.

�� (15) �Qualified housing sponsor� means the following entities if approved by the department under ORS 456.620 (2):

�� (a) A consumer housing cooperative;

�� (b) A limited dividend housing sponsor;

�� (c) A nonprofit housing corporation;

�� (d) A for-profit housing sponsor;

�� (e) A housing authority;

�� (f) An urban renewal agency created by ORS 457.035; and

�� (g) Any city or county governing body or agency or department designated by the governing body.

�� (16)(a) �Residential housing� means a specific work or improvement within this state that contains units for persons or families of lower incomes and is undertaken primarily to provide dwelling accommodations, including land development and acquisition, construction or rehabilitation of buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental or appurtenant thereto and as the department determines improve the quality of the development as it relates to housing for persons or families of lower income or moderate income households as defined in ORS 456.270 and the financial feasibility of the development.

�� (b) �Residential housing� includes, but is not limited to, a specific work or improvement within this state undertaken to provide mobile home or manufactured dwelling parks as defined in ORS 446.003.

�� (c) As used in this subsection, �land development� includes, but is not limited to, the improvement of streets and alleys and the construction of surface drains, sewers, curbing and sidewalks.

�� (17) �Residential loan� means any of the following:

�� (a) A loan that is for the acquisition, construction, improvement or rehabilitation of residential housing.

�� (b) An insured or guaranteed loan for the acquisition of manufactured housing or for the acquisition of a lot described in ORS 92.840 by a manufactured dwelling park tenant.

�� (c) A loan for the purchase of a proprietary lease and related cooperative shares in a housing cooperative formed under ORS chapter 62 secured by a security interest of first priority and a pledge or an assignment of proprietary leases and related cooperative shares.

�� (d) A loan, secured by such lien as may be approved by the department, made for the acquisition of a residential structure and made solely to provide down payment or closing cost assistance to allow low and moderate income households to qualify for a first position purchase loan on the structure. [Formerly 456.615; 2009 c.541 �21; 2015 c.180 �5; 2021 c.55 �2; 2023 c.193 �18; 2025 c.537 �5]

�� 456.550 Policy. (1) There exists in this state a seriously inadequate supply of and a pressing need for safe and sanitary dwelling accommodations within the financial means of persons and families of lower income, including but not limited to persons and families displaced by the clearing of slums and blighted areas or by other public programs;

�� (2) Private lending institutions have been and will continue to be unable to provide necessary financial support for lower income housing and the resulting shortage of financing has been in whole or in part responsible for the shortage of lower income housing;

�� (3) It is a valid public purpose to provide for the construction, rehabilitation, purchase, leasing and refinancing of housing for such persons and families who would otherwise be unable to obtain adequate dwelling accommodations which they could afford and to aid in the acquisition of land for present or future developments including such housing accommodations;

�� (4) It is further found that the authority and powers conferred by ORS 456.548 to 456.828 and ORS chapter 458 upon the Housing and Community Services Department and the Director of the Housing and Community Services Department constitute a necessary public program and serve a valid public purpose;

�� (5) To stimulate and increase the supply of housing for persons and families of lower income it is necessary that a central source of housing information, planning, educational services and technical assistance and a revolving fund be established. The Housing and Community Services Department shall be that central source in this state;

�� (6) It is the policy of this state to increase the amount of and improve the condition of low and moderate income housing by investing in developing local capacity to build, rehabilitate and manage housing. A primary vehicle for building such capacity is the formation and expansion of community development corporations; and

�� (7) In that the farmworkers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts to bring a bountiful crop to market, the Legislative Assembly declares that it is the policy of this state to ensure adequate accommodations commensurate with the housing needs of Oregon�s farm workers that meet decent health, safety and welfare standards. To accomplish this objective in the interest of all of the people in this state, it is necessary that:

�� (a) Every state and local government agency that has powers, functions or duties with respect to housing, land use or enforcing health, safety or welfare standards, under this or any other law, shall exercise its powers, functions or duties consistently with state policy and in a manner that will facilitate sustained progress in attaining the objectives established;

�� (b) Every state and local government agency with jurisdiction over farmworker activities must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;

�� (c) Special efforts should be directed toward mitigating hazards to families and children; and

�� (d) Accommodations must be designed to provide for the rights of free association to seasonal farmworkers. [1971 c.505 �1; 1973 c.828 �1; 1973 c.832 �3; 1975 c.154 �7; 1989 c.1030 �5; 1995 c.79 �244; 2001 c.625 �4]

�� 456.553 [1989 c.307 �1 (enacted in lieu of

ORS 646.605

646.605, the court shall award the servicemember the greater of $5,000 or three times the amount of actual damages, including damages for emotional distress.

�� (3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember�s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. 3901 et seq. [2009 c.83 �2; 2019 c.13 �19]

CONSTRUCTION AGREEMENTS

�� 30.140 Void and unenforceable provisions relating to indemnification and duty to defend in construction agreements. (1) As used in this section:

�� (a) �Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services� has the meaning given that term in ORS 279C.100.

�� (b) �Construction agreement� means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development or improvement attached to real estate including moving, demolition or tunneling in connection therewith.

�� (c) �Related services� has the meaning given that term in ORS 279C.100.

�� (2) Except to the extent provided under subsections (3) and (4) of this section, any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property caused in whole or in part by the negligence of the indemnitee is void.

�� (3) This section does not affect any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor�s agents, representatives or subcontractors.

�� (4) A public body as defined in ORS 174.109, including a public body acting as part of an intergovernmental entity formed with another state or with a political subdivision of another state, may not require in a contract with a person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services a duty to defend the public body or intergovernmental entity against a claim for professional negligence and relating to the professional services provided by the person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, except to the extent that the person�s or entity�s liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by settlement agreement, and not to exceed the proportionate fault of the person or entity. A contractual provision that violates this subsection is unenforceable.

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

�� (a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement or maintenance of real property;

�� (b) Any personal property lease or rental agreement; or

�� (c) Any design-build contract.

�� (6) No provision of this section shall be construed to apply to a �railroad� as defined in ORS

ORS 653.261

653.261 or 653.265 or has reported a violation to, or filed a complaint with, the Bureau of Labor and Industries. [2017 c.685 �11]

�� Note: 652.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 652.040 Maximum working hours in mines; exceptions. (1) No person who operates any underground mine yielding gold or silver or copper or lead or other metal shall permit or require any person to work in such underground mine for more than eight hours in any 24 hours. The hours for such employment or work day shall be consecutive excluding, however, any intermission of time for lunch or meals.

�� (2) In the case of emergency, where life or property is in imminent danger, persons may work in such underground mines for a longer time during the continuance of the exigency or emergency. This section does not apply to mines in their first stages of development, such as tunnel work to a length of 200 feet, or shaft work to a depth of 150 feet, or to any surface excavation.

�� 652.050 Definitions for ORS 652.050 to 652.080. As used in ORS 652.050 to 652.080:

�� (1) �Firefighter� means a person whose principal duties consist of preventing or combating fire or preventing loss of life or property from fire.

�� (2) �Regularly organized fire department� means any organization maintained for the purpose of preventing or combating fire and employing one or more persons on a full-time basis as firefighters.

�� (3) �Volunteer firefighter� means a person who performs services as a firefighter for a regularly organized fire department and whose work hours and work shifts are voluntary and whose volunteer service is not a condition of employment. [Amended by 1983 c.319 �1]

�� 652.060 Maximum working hours for firefighters. (1)(a) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs not more than three persons on a full-time basis as firefighters shall be required to be on regular duty with such fire department more than 72 hours a week. However, any affected incorporated city, municipality or fire district shall be deemed to have complied with this paragraph and ORS 652.070 if the hours of regular duty required of firefighters employed by it average not more than 72 hours a week over each quarter of the fiscal year of the employing city, municipality or fire district.

�� (b) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs four or more persons on a full-time basis as firefighters shall be required to be on regular duty with such fire department more than 56 hours a week. However, any affected incorporated city, municipality or fire district shall be deemed to have complied with this paragraph and ORS 652.070 if the hours of regular duty required of firefighters employed by it average not more than 56 hours a week over each quarter of the fiscal year of the employing city, municipality or fire district.

�� (2) In the event this section shortens the working hours of firefighters employed by any such city, municipality or fire district, the total wages of such firefighters shall not for that reason be reduced. [Amended by 1959 c.402 �1; 1969 c.581 �1]

�� 652.070 Overtime pay for firefighters. (1) Every affected incorporated city, municipality and fire district shall put into effect and maintain a schedule of working hours required of regularly employed firefighters which shall not be in excess of the average hours established by ORS 652.060, and which shall provide for at least 48 consecutive hours off-duty time in each seven-day period. Any affected incorporated city, municipality or fire district failing so to do shall pay to every regularly employed firefighter as additional pay for every hour of regular duty required of and performed by the firefighter over and above the average hours established by ORS 652.060 a sum equivalent to one and one-half times the regular hourly rate of pay at the time of such default. However, in the case of replacement for any authorized leave, vacation or temporary vacancy, regularly employed firefighters in a department employing four or more persons on a full-time basis as firefighters may elect to work in excess of 56 hours a week at not less than their regular hourly rate of pay.

�� (2) Nothing in subsection (1) of this section requires payment of one and one-half times the hourly rate of pay to a volunteer firefighter for hours of duty performed in excess of the average hours established by ORS 652.060. [Amended by 1959 c.402 �2; 1969 c.581 �2; 1983 c.319 �2]

�� 652.080 Computing hours on duty for purposes of ORS 652.060 and 652.070. In computing the average or total number of hours a week for the purposes of ORS 652.060 and 652.070, authorized vacation or sick leave time shall be considered as time on regular duty. [1959 c.402 �4]

�� 652.100 False information related to hours worked or compensation received by employees; prohibited acts by employer; employee right of action; remedies for violation; penalties. An employer may not:

�� (1) Compel, coerce or otherwise induce or attempt to induce an employee to create, file or sign documents containing information that the employer knows is false related to the hours worked or compensation received by the employee.

�� (2) In addition to any other remedy provided by law, an employee has a private cause of action for a violation of subsection (1) of this section. The court may award actual damages or $1,000 for each violation, whichever is greater, injunctive relief, attorney fees and costs. The court shall count each pay period in which a violation occurs or continues as a separate violation.

�� (3) In addition to any other relief provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty under ORS 183.745 not to exceed $1,000 for each violation of subsection (1) of this section. The commissioner shall count each pay period in which a violation occurs or continues as a separate violation.

�� (4) The commissioner has the same enforcement powers with respect to the rights established under subsections (1) to (3) of this section as are established in this chapter and ORS chapter 653. [2017 c.211 �2]

PAYMENT AND COLLECTION OF WAGES GENERALLY

�� 652.110 Method of paying employees; agreement on method of payment; revocation of agreement. (1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

�� (2) This section does not in any way limit or interfere with the right of any employee to accept from any person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument, payable at some future date with interest.

�� (3) An employer may pay wages without discount through direct deposit of wages due to an employee into the employee�s account in a financial institution, as defined in ORS 706.008, in this state.

�� (4) An employer shall pay wages due to an employee by check upon the written or oral request of the employee.

�� (5) An employer and an employee may agree that the employer may pay wages through an automated teller machine card, payroll card or other means of electronic transfer if the employee may:

�� (a) Make an initial withdrawal of the entire amount of net pay without cost to the employee; or

�� (b) Choose to use another means of payment of wages that involves no cost to the employee.

�� (6) An agreement described in subsection (5) of this section must be made in the language that the employer principally uses to communicate with the employee.

�� (7)(a) Except as provided in paragraph (b) of this subsection, to revoke an agreement described in subsection (5) of this section, an employee shall give the employer a written notice of revocation of the agreement. Unless the employer and employee agree otherwise, the agreement is revoked 30 days after the date the notice is received by the employer.

�� (b) To revoke an agreement described in subsection (5) of this section, an employee who works for an employer as a seasonal farmworker as defined in ORS 652.145 or an employee who is employed in packing, canning, freezing or drying any variety of agricultural crops shall give the employer notice of revocation of the agreement either orally or in writing. Unless the employer and the employee agree otherwise, the agreement is revoked 10 days after the date the notice is received by the employer.

�� (8) Nothing in this section is intended to limit the rights of an employee or otherwise affect an employee covered by a collective bargaining agreement. [Amended by 1975 c.191 �1; 1999 c.59 �191; 2007 c.546 �1; 2013 c.380 �1]

�� 652.120 Establishing regular payday; pay intervals; agreement to pay wages at future date. (1) Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to them.

�� (2) Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday.

�� (3) This section does not prevent the employer from establishing and maintaining paydays at more frequent intervals.

�� (4) This section does not prevent any employer from entering into a written agreement, prior to the rendering of any services, and mutually satisfactory with the employer�s employees, as to the payment of wages at a future date.

�� (5) When an employer has notice that an employee has not been paid the full amount the employee is owed on a regular payday and there is no dispute between the employer and the employee regarding the amount of the unpaid wages:

�� (a) If the unpaid amount is less than five percent of the employee�s gross wages due on the regular payday, the employer shall pay the employee the unpaid amount no later than the next regular payday; or

�� (b) If the unpaid amount is five percent or more of the employee�s gross wages due on the regular payday, the employer shall pay the employee the unpaid amount within three days after the employer has notice of the unpaid amount, excluding Saturdays, Sundays and holidays. [Amended by 1961 c.662 �1; 2007 c.453 �1]

�� 652.125 Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond. (1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate.

�� (2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

�� (3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [1989 c.651 �3]

�� Note: 652.125 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 652.130 Payment of wages due persons employed on piece work scale or quantity basis in forest product industries; furnishing statement of scale or quantity produced. Every person engaged in the business of logging or obtaining or securing sawlogs, poles, spars, piles, cordwood, posts or other timber or forest products, or engaged in the business of manufacturing sawlogs or other timber into lumber, and employing one or more employees on a piece work scale or quantity wage basis, shall furnish such employees at least once monthly, a statement of scale or quantity produced by them to their credit, and shall pay all wages or amounts so earned and due and payable under the law regulating paydays.

�� 652.140 Payment of wages on termination of employment; exception for collective bargaining. (1) When an employer discharges an employee or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of the discharge or termination become due and payable not later than the end of the first business day after the discharge or termination.

�� (2)(a) When an employee who does not have a contract for a definite period quits employment, all wages earned and unpaid at the time of quitting become due and payable immediately if the employee has given to the employer not less than 48 hours� notice, excluding Saturdays, Sundays and holidays, of intention to quit employment.

�� (b) Except as provided in paragraph (c) of this subsection, if the employee has not given to the employer the notice described in paragraph (a) of this subsection, the wages become due and payable within five days, excluding Saturdays, Sundays and holidays, after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.

�� (c) If the employee has not given to the employer the notice described in paragraph (a) of this subsection and if the employee is regularly required to submit time records to the employer to enable the employer to determine the wages due the employee, within five days after the employee has quit the employer shall pay the employee the wages the employer estimates are due and payable. Within five days after the employee has submitted the time records, all wages earned and unpaid become due and payable.

�� (3) For the purpose of this section, if employment termination occurs on a Saturday, Sunday or holiday, all wages earned and unpaid shall be paid no later than the end of the first business day after the employment termination, except that if the employment is related to activities authorized under ORS chapter 565, all wages earned and unpaid shall be paid no later than the end of the second business day after the employment termination.

�� (4) The employer shall forward such wages by mail to any address designated by the employee if the employee requests the employer so to do. An employer may deposit such wages without discount in the employee�s account in a financial institution, as defined in ORS 706.008, in this state, provided the employee and the employer have agreed to such deposit.

�� (5) This section does not apply to employment for which a collective bargaining agreement otherwise provides for the payment of wages upon termination of employment.

�� (6) When a termination of employment results from the sale of a business or business property and the purchaser employs or continues the employment of an individual employed at the business, this section does not apply to the payment to such an individual of wages for earned but unused accrued holiday leave, sick leave, vacation leave or other leave benefits payable upon termination of employment pursuant to a collective bargaining or other employment agreement or employer policy, if the following conditions are met:

�� (a) On the first day of such an individual�s continued employment the purchaser of the business credits the individual with all such earned but unused accrued leave; and

�� (b) The leave, when used, is paid at a rate not less than the rate at which the leave was earned or, if paid at a lesser rate, the number of hours credited is increased to compensate the individual for any difference. [Amended by 1957 c.242 �1; 1975 c.192 �1; 1991 c.966 �1; 1995 c.753 �1; 1997 c.233 �1; 1999 c.59 �192; 2005 c.664 �1]

�� 652.145 Payment of wages for seasonal farmworkers. (1) Notwithstanding ORS 652.140, if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become due and payable immediately except:

�� (a) Wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if:

�� (A) The termination occurs at the end of the harvest season;

�� (B) The employer is a farmworker camp operator described in ORS 658.715 (1)(b) or (c); and

�� (C) The farmworker is provided housing that complies with ORS 658.705 to 658.850 at no cost to the worker from the termination of work until wages due are paid.

�� (b) If the employee quits without giving the employer at least 48 hours� notice, wages earned and unpaid are due and payable within 48 hours after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.

�� (2) As used in this section, �seasonal farmworker� means an individual who, for an agreed remuneration or rate of pay, performs temporary labor for another in the production of farm products or in the planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands including, but not limited to, the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. [1991 c.966 �4; 2001 c.613 �17; 2013 c.347 �1]

�� 652.150 Penalty wage for failure to pay wages on termination of employment. (1) Except as provided in subsections (2) and (3) of this section, if an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 and 652.145, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the same hourly rate for eight hours per day until paid or until action therefor is commenced. However:

�� (a) In no case shall the penalty wages or compensation continue for more than 30 days from the due date; and

�� (b) A penalty may not be assessed under this section when an employer pays an employee the wages the employer estimates are due and payable under ORS 652.140 (2)(c) and the estimated amount of wages paid is less than the actual amount of earned and unpaid wages, as long as the employer pays the employee all wages earned and unpaid within five days after the employee submits the time records.

�� (2)(a) If the employee or a person on behalf of the employee submits a written notice of nonpayment, the penalty may not exceed 100 percent of the employee�s unpaid wages or compensation unless the employer fails to pay the full amount of the employee�s unpaid wages or compensation within 12 days after receiving the notice.

�� (b) If the employee or a person on behalf of the employee fails to submit a written notice of nonpayment, the penalty may not exceed 100 percent of the employee�s unpaid wages or compensation.

�� (c) A written notice of nonpayment must include the estimated amount of wages or compensation alleged to be owed or an allegation of facts sufficient to estimate the amount owed. Submission of a written notice of nonpayment that fails to include the estimated amount of wages or compensation alleged to be owed or an allegation of facts sufficient to estimate the amount owed does not satisfy the requirement for written notice under this subsection unless the employer has violated ORS 652.610, 652.640 or 653.045.

�� (d) For purposes of determining when an employer has paid wages or compensation under this subsection, payment occurs on the date the employer delivers the payment to the employee or sends the payment by first class mail, express mail or courier service.

�� (3)(a) For purposes of this section, a commission owed to an employee by a business that primarily sells motor vehicles or farm implements is not due until all of the terms and conditions of an agreement between the employer and employee concerning the method of payment of commissions are fulfilled. If no such agreement exists, the commission is due with all other earned and unpaid wages or compensation as provided in ORS 652.140.

�� (b) Notwithstanding subsection (2) of this section, when there is a dispute between an employer and an employee concerning the amount of commission due under paragraph (a) of this subsection, if the amount of unpaid commission is found to be less than 20 percent of the amount of unpaid commission claimed by the employee, the penalty may not exceed the amount of the unpaid commission or $200, whichever is greater.

�� (4) Subsections (2) and (3)(b) of this section do not apply when:

�� (a) The employer has violated ORS 652.140 or 652.145 one or more times in the year before the employee�s employment ceased; or

�� (b) The employer terminated one or more other employees on the same date that the employee�s employment ceased.

�� (5) The employer may avoid liability for the penalty described in this section by showing financial inability to pay the wages or compensation at the time the wages or compensation accrued. [Amended by 1957 c.244 �1; 1991 c.966 �2; 1995 c.501 �1; 2001 c.690 �1; 2003 c.779 �1; 2005 c.664 �2; 2011 c.348 �2]

�� 652.160 Payment in case of dispute over wages. In case of dispute over wages, the employer must pay, without condition, and within the time set by ORS 652.140, all wages conceded by the employer to be due, leaving the employee all remedies the employee might otherwise have or be entitled to as to any balance the employee might claim.

�� 652.165 Rules for wage collection and payment. In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 652.140 to 652.160. [1995 c.501 �3]

�� 652.170 Payment of wages in case of strikes. When any number of employees enter upon a strike, the wages due such striking employees at the time of entering upon such strike shall not become due and payable until the next regular payday after the commencement of such strike, if the time between the commencement of the strike and the next regular payday does not exceed a period of 30 days. If the intervening time does exceed the period of 30 days, then the wages shall be due and payable 30 days after the commencement of the strike.

�� 652.180 [Repealed by 1953 c.515 �2]

�� 652.190 Payment of wages to surviving spouse or dependent children. All wages earned by an employee, not exceeding $10,000, shall, upon the employee�s death, become due and payable to the employee�s surviving spouse, or if there is no surviving spouse, the dependent children, or their guardians or the conservators of their estates, in equal shares, to the same extent as if the wages had been earned by such surviving spouse or dependent children. As used in this section, �wages� means compensation of employees based on time worked or output of production and includes every form of remuneration payable for a given period to an individual for personal services. [Amended by 1971 c.448 �1; 1981 c.594 �1; 1997 c.52 �1]

�� 652.195 Liability for dishonored check for payment of wages; penalties. (1) An employer that issues to an employee a dishonored check for payment of wages due is liable to the employee for the remedies provided in ORS 30.701.

�� (2) Except as provided in subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty in an amount equal to the statutory damages provided by ORS 30.701 against an employer that issues a dishonored check to an employee for payment of wages due.

�� (3) The commissioner may not assess a civil penalty under this section against an employer that has issued a dishonored check for payment of wages due to an employee if the employee has commenced an action under ORS 30.701 against the employer for the same dishonored check.

�� (4) If the commissioner has assessed a civil penalty under subsection (2) of this section, an employee may not bring an action under ORS 30.701 against the employer for the same dishonored check.

�� (5) All sums collected as penalties under this section shall be paid to the employee to whom the employer issued the dishonored check. [2011 c.238 �2]

�� 652.197 Joint and several liability for unpaid wages owed to unrepresented employees performing labor under a construction contract. (1) As used in this section and ORS 652.198:

�� (a) �Authorized third party representative� means a third party that is authorized by an unrepresented employee to assert the rights of the unrepresented employee.

�� (b) �Construction contract� means an express or implied agreement:

�� (A) For the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement.

�� (B) Relating to the excavation of or other development of or improvement to land.

�� (c) �Construction trade labor organization� means a bona fide labor organization that represents employees in the building and construction trades.

�� (d) �Direct contractor� means any person, including a construction manager, joint venture or any combination thereof, the person�s successors, heirs or assigns, that enters into a construction contract with an owner.

�� (e) �Fringe benefit contributions� means the amount of compensation that accompanies or is in addition to an employee�s regular salary or wages, including, but not limited to, payments made to profit-sharing plans, retirement or pension plans, medical insurance, severance pay or holiday, vacation or sick leave plans, but does not include the benefit payments from such plans.

�� (f) �Labor organization� means an organization, agency or an employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or work conditions.

�� (g)(A) �Owner� means any person, firm, partnership, corporation, association, company, organization or other entity, or any combination thereof, with an ownership interest, whether the interest or estate is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee that causes:

�� (i) A building, structure or improvement, new or existing, to be constructed, reconstructed, erected, altered, remodeled, repaired, maintained, moved or demolished; or

�� (ii) Land to be excavated or otherwise developed or improved.

�� (B) �Owner� does not mean:

�� (i) A public agency, as defined in ORS 279C.800; or

�� (ii) A financial institution that acquires ownership of a property through foreclosure or a deed in lieu of foreclosure, provided that the financial institution does not undertake, contract for or direct construction work beyond activities necessary to preserve or secure the property.

�� (h) �Subcontractor� means any person that may or may not have direct privity with a direct contractor but that is a party to an express or implied contract with a direct contractor or with a direct contractor�s subcontractors at any tier to perform any portion of work within the scope of the direct contractor�s construction contract with an owner.

�� (i) �Unrepresented employee� means an employee of a direct contractor or subcontractor who is:

�� (A) Not represented by a construction trade labor organization that has established itself or its affiliates as the collective bargaining representative for persons performing work on a project; or

�� (B) Not covered by a collective bargaining agreement that:

�� (i) Contains a grievance procedure that results in a final and binding decision; and

�� (ii) Provides a mechanism for recovering unpaid wages and fringe benefit contributions on behalf of the employees covered by the agreement.

�� (2) An owner that enters into a construction contract with a direct contractor shall be jointly and severally liable with the direct contractor for any unpaid wages, including fringe benefit contributions and penalties, owed to any unrepresented employee of the direct contractor and any unrepresented employee of a subcontractor at any tier for labor performed on a project within the scope of the construction contract.

�� (3)(a) Any of the following persons may bring a civil action against an owner, a direct contractor or a subcontractor in any court of competent jurisdiction to recover unpaid wages, including fringe benefit contributions, interest and penalty wages, damages, attorney fees and costs incurred in connection with the action:

�� (A) An unrepresented employee.

�� (B) An authorized third party representative.

�� (b) Notwithstanding ORS chapter 180, the Attorney General may accept the assignment of claims under this subsection, bring civil actions in the name of the State of Oregon on assigned claims and recover costs as provided in this section. The Attorney General may adopt rules to implement this paragraph.

�� (c)(A) Prior to commencing a civil action against an owner or a direct contractor under this subsection, a person must send written notice of the alleged violation by first-class certified mail to the owner and direct contractor that sets forth the alleged violation and the nature of the claim and states that the owner and the direct contractor have 21 calendar days from the certified delivery date to correct the alleged violation. Such notice does not operate to limit the liability of the owner or direct contractor or preclude a person from subsequently amending a complaint after the action is commenced to include additional parties to the action.

�� (B) A civil action may not be:

�� (i) Initiated until after the time period under subparagraph (A) of this paragraph has expired.

�� (ii) Brought against an owner or a direct contractor if the owner or direct contractor has corrected the alleged violation within the specified time period under subparagraph (A) of this paragraph.

�� (d) A civil action under this subsection to recover unpaid wages must be commenced within two years from the date on which the wages and fringe benefit contributions became due.

�� (4) Any agreement to waive or release an owner or direct contractor or to indemnify an owner or direct contractor for liability assigned under this section is invalid.

�� (5)(a) An owner or direct contractor may not avoid liability under this section by claiming that a person performing labor on a project within the scope of a construction contract is an independent contractor rather than an employee of a direct contractor or subcontractor unless the person qualifies as an independent contractor under ORS 670.600.

�� (b) In any action brought under this section, there shall be a rebuttable presumption that a person performing labor on a project within the scope of a construction contract is an employee. The party claiming otherwise may rebut the presumption by establishing that the person qualifies as an independent contractor under ORS 670.600.

�� (6) Nothing in this section impairs:

�� (a) The right of an owner or direct contractor to bring an action against a subcontractor to seek recovery of actual and liquidated damages for the amounts paid by the owner or direct contractor for unpaid wages, including fringe benefit contributions, interest and penalty wages, damages, attorney fees and incurred costs associated with an action brought under this section.

�� (b) The right of an owner to bring an action against a direct contractor to seek recovery of actual and liquidated damages for the amounts paid by the owner for unpaid wages, including fringe benefit contributions, interest and penalty wages, damages, attorney fees and incurred costs associated with an action brought under this section.

�� (7) This section does not apply to the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or to the excavation or other development of or improvement to land, that relates to real property that is used as the owner�s principal residence or to real property consisting of five or fewer residential or commercial units on a single tract, as defined in ORS 215.010.

�� (8) Nothing in this section is intended to diminish the rights, privileges or remedies of an employee under a collective bargaining agreement.

�� (9) The Commissioner of the Bureau of Labor and Industries may adopt any rules necessary to implement the provisions of this section. [2025 c.287 �2]

�� 652.198 Subcontractor recordkeeping requirements related to employee wages on construction projects; retainage permitted for noncompliance. (1) Any subcontractor with which a direct contractor has entered into a contract to perform a portion of a construction project within the scope of a construction contract between the direct contractor and an owner shall provide the following records to the direct contractor and the owner, upon the request, respectively, of the direct contractor or the owner:

�� (a) Certified payroll reports, that, at a minimum, include sufficient information for the direct contractor to determine whether a subcontractor has paid in full all wages earned by unrepresented employees who performed work on the project as part of the employees� total compensation.

�� (b) The name, address and phone number of a contact for the subcontractor.

�� (c) The names of all workers who performed work on the construction project and notation of whether each worker is paid or classified as an employee or independent contractor.

�� (d) The name of any subcontractor with which the first-tier subcontractor contracts.

�� (e) The anticipated contract start date and scheduled duration of work.

�� (f) An affidavit that attests to whether the subcontractor or any of the subcontractor�s current principals have, within the preceding five years, participated in any civil, administrative or criminal proceeding involving a violation of any law providing for payment of wages or imposing a criminal penalty for the violation and the outcome of the proceeding, including damages, fees or penalty amounts paid to workers or a government agency, if any.

�� (2) A subcontractor shall provide the records described in subsection (1) of this section to an authorized third party representative only to the extent that the information contained in the records pertains specifically to the employee on whose behalf the authorized third party representative is acting and to whatever extent that the subcontractor would be lawfully required to disclose such records to the employee if the employee was acting on the employee�s own behalf under ORS 652.750.

�� (3) A subcontractor�s failure to comply with subsection (1) of this section does not relieve an owner or a direct contractor of the liability prescribed by ORS 652.197.

�� (4) Nothing in this section shall alter an owner�s or a direct contractor�s obligation to timely pay a subcontractor under ORS chapter 701, except that an owner and a direct contractor may withhold payment to a subcontractor:

�� (a)(A) Because of the subcontractor�s failure to comply with the request for records under subsection (1) of this section; and

�� (B) In an amount and to the extent that the owner or direct contractor has paid, on behalf of the subcontractor, wages owed to the employees of the subcontractor; or

�� (b) In an amount and to the extent that the owner or direct contractor has paid, on behalf of the subcontractor, wages owed to the employees of the subcontractor.

�� (5) A direct contractor or subcontractor may not disclose personally identifying information about workers who perform work on a construction project except to the extent necessary to comply with federal or state laws.

�� (6) As used in this section, �principal� means a person, including an owner or a direct contractor, that commissions a construction project and that is responsible for the project�s scope, standards and objectives. [2025 c.287 �3]

�� 652.200 Attorney fee in action for wages. (1) In any action for the collection of any order, check, memorandum or other instrument of indebtedness referred to in ORS 652.110, if it is shown that the order, check, memorandum or other instrument of indebtedness was not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after presentation and demand for the payment thereof, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment.

�� (2) In any action for the collection of wages, if it is shown that the wages were not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after the wages became due and payable, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment or unless the court finds that the plaintiff�s attorney unreasonably failed to give written notice of the wage claim to the employer before filing the action. [Amended by 1957 c.242 �2; 1981 c.897 �86; 2001 c.279 �1; 2007 c.546 �2]

�� 652.210 Definitions for ORS 652.210 to 652.235. As used in ORS 652.210 to 652.235, unless the context requires otherwise:

�� (1)(a) �Compensation� includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.

�� (b) �Compensation� does not include vaccine incentives.

�� (2) �Employee� means any individual who, otherwise than as a copartner of the employer, as an independent contractor or as a participant in a work training program administered under the state or federal assistance laws, renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, when services are rendered only partly in this state, an individual is not an employee unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.

�� (3)(a) �Employer� means any person employing one or more employees, including the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

�� (b) �Employer� does not include the federal government.

�� (4) �Equal-pay analysis� means an evaluation process to assess and correct wage disparities among employees who perform work of comparable character.

�� (5) �Gender identity� has the meaning given that term in ORS 174.100.

�� (6) �Protected class� means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age.

�� (7) �Public health emergency� means:

�� (a) A public health emergency declared under ORS 433.441.

�� (b) An emergency declared under ORS 401.165 if related to a public health emergency as defined in ORS 433.442.

�� (8) �Rate� with reference to wages means:

�� (a) The basis of compensation for services by an employee for an employer; and

�� (b) Compensation based on the time spent in the performance of the services, on the number of operations accomplished or on the quantity produced or handled.

�� (9) �Sexual orientation� has the meaning given that term in ORS 174.100.

�� (10) �System� means a consistent and verifiable method in use at the time that a violation is alleged under ORS 652.220.

�� (11) �Unpaid wages� means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 to be paid to the employee.

�� (12) �Vaccine incentives� means monetary or nonmonetary incentives, including but not limited to additional paid time off or protected time off from work provided by employers to employees who have been immunized against infectious diseases for which a public health emergency has been declared.

�� (13) �Veteran status� means an individual is a veteran as defined in ORS 408.225.

�� (14) �Wages� means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, or paid in cash or any medium other than cash.

�� (15) �Working conditions� includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee.

�� (16) �Work of comparable character� means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title. [1955 c.193 �1; 1985 c.100 �1; 1987 c.158 �124; 1993 c.739 �25; 2005 c.22 �457; 2017 c.197 �1; 2019 c.617 �1; 2021 c.363 ��2,3,4; 2021 c.367 �29; 2022 c.23 ��1,2]

�� 652.220 Prohibition of discriminatory wage rates based on protected class; exceptions; employer not to discriminate against employee who is complainant. (1) It is an unlawful employment practice under ORS chapter 659A for an employer to:

�� (a) In any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character.

�� (b) Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character.

�� (c) Screen job applicants based on current or past compensation.

�� (d) Determine compensation for a position based on current or past compensation of a prospective employee. This paragraph is not intended to prevent an employer from considering the compensation of a current employee of the employer during a transfer, move or hire of the employee to a new position with the same employer.

�� (2) Notwithstanding subsection (1) of this section:

�� (a) An employer may pay employees for work of comparable character at different compensation levels if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:

�� (A) A seniority system;

�� (B) A merit system;

�� (C) A system that measures earnings by quantity or quality of production, including piece-rate work;

�� (D) Workplace locations;

�� (E) Travel, if travel is necessary and regular for the employee;

�� (F) Education;

�� (G) Training;

�� (H) Experience; or

�� (I) Any combination of the factors described in this paragraph, if the combination of factors accounts for the entire compensation differential.

�� (b) An employer may pay employees for work of comparable character at different compensation levels on the basis of one or more of the factors listed in paragraph (a) of this subsection that are contained in a collective bargaining agreement.

�� (3) An employer may not in any manner discriminate in the payment of wages or other compensation against any employee because the employee has filed a complaint under ORS 659A.820 or in a proceeding under ORS 652.210 to 652.235 or 659A.885 or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to ORS

ORS 701.536

701.536 for the repeal of 701.126 has not been made.

(Restoration Work)

�� 701.540 Licensing; standards and practices; rules. (1) As used in this section:

�� (a) �Board-up services� means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry.

�� (b) �Man-made or natural disaster� means a fire, flood, earthquake, crime or other sudden event that causes a structure or the contents of a structure to suffer damage as described in rules adopted by the Construction Contractors Board.

�� (c) �Restoration work� means the performance, on a residential or small commercial structure, of:

�� (A) Nonroutine cleaning, water removal, personal property inventory or other services undertaken because of damage to the structure, or to the contents of the structure, that was caused by a man-made or natural disaster;

�� (B) Debris removal that does not require demolition work on the structure; and

�� (C) Board-up services.

�� (d) �Restoration work� does not mean:

�� (A) The repair or replacement of physical components of a structure;

�� (B) Demolition of all or part of a structure; or

�� (C) Except as provided in paragraph (c)(C) of this subsection, any work on a residential or small commercial structure that requires a license endorsement listed in subsection (3)(b)(A) to (C) or (E) to (H) of this section.

�� (2)(a) The board may issue a licensee an endorsement as a residential restoration contractor. A license endorsement as a residential restoration contractor authorizes the licensee to perform restoration work, but does not authorize the performance of other contractor activities.

�� (b) Notwithstanding ORS 701.122, the board may not require a residential restoration contractor to take a test measuring the knowledge of the contractor regarding business practices and laws affecting construction contractors.

�� (c) ORS 701.082 does not apply to residential restoration contractors, but the board may establish continuing education requirements for residential restoration contractors by rule.

�� (3) For purposes of ORS 701.021 (1), the appropriate license endorsements to arrange for, undertake, offer to undertake or submit a bid to do restoration work for compensation, or with the expectation to be compensated, are:

�� (a) The following if the work is on a residential structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (b) The following if the restoration work is on or in connection with a small commercial structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (E) Commercial general contractor level 1.

�� (F) Commercial specialty contractor level 1.

�� (G) Commercial general contractor level 2.

�� (H) Commercial specialty contractor level 2.

�� (4) The board may adopt rules to regulate the arranging, undertaking, offering to undertake and submission of bids for restoration work by licensees of the board, including but not limited to rules establishing minimum standards of practice and professional conduct for the offering or performance of restoration work. [2015 c.498 �2]

ACCESSIBILITY FEATURES

�� 701.545 Provision of accessible features list to purchaser; effect. (1) As used in this section and ORS 701.547:

�� (a) �Developer� means a person who contracts to construct, or arrange for the construction of, new residential housing on behalf of, or for the purpose of selling the residential housing to, a specific individual the person knows is the purchaser of the residential housing.

�� (b) �Residential housing�:

�� (A) Means a structure designed for use as a residence and containing dwelling units for three or fewer families.

�� (B) Means a structure that is a condominium as defined in ORS 100.005.

�� (C) Does not mean a manufactured structure as defined in ORS 174.101.

�� (2) A developer who enters into a contract to construct or arrange for the construction of new residential housing may, at the time of providing a purchaser with a written contract, also provide the purchaser with a list of features that may make residential housing more accessible to a person with a disability. The list may include the features identified in the model list of features adopted by the Construction Contractors Board by rule under ORS 701.547.

�� (3) The inclusion of a feature on the list supplied by the developer under subsection (2) of this section does not obligate the developer to make the feature available to a purchaser. The list supplied by the developer may specify for each feature whether the feature is standard, optional, available on a limited basis or unavailable from the developer. If a listed feature is available from the developer as an option or on a limited basis, the list of features may specify the stage of construction by which the purchaser must submit to the developer any request that the residential housing be constructed with that feature.

�� (4) This section, or the inclusion of a feature on the model list developed under ORS 701.547, does not affect the requirement that installation of a feature comply with the state building code or be approved under ORS 455.060. [Formerly 701.525; 2019 c.422 �39]

�� Note: 701.545 and 701.547 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.547 Model list of accessibility features; rules. The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under ORS 701.545. In developing the model list of features, the board shall solicit the comments of advocacy groups and other organizations serving persons with disabilities. [Formerly 701.530]

�� Note: See note under 701.545.

MERCURY THERMOSTATS

�� 701.550 Notice of Department of Consumer and Business Services rules regarding thermostats containing mercury. The Construction Contractors Board shall provide an annual notice to each contractor licensed under this chapter that informs contractors of the rules developed by the Director of the Department of Consumer and Business Services pursuant to ORS 455.355 prohibiting the installation of thermostats that contain mercury and requiring proper disposal of thermostats that contain mercury. [2001 c.924 �22]

PROHIBITED MATERIAL INSTALLATION

�� 701.555 Barrier-type exterior insulation and finish systems. (1) As used in this section, �barrier-type exterior insulation and finish system� means a foam insulation board inner layer, a polymer and cement base coat middle layer reinforced with glass fiber mesh and a textured finish coat exterior layer, in which:

�� (a) The layers are bonded to the outside face of an exterior wall;

�� (b) The middle or exterior layer, but not the inner layer, provides a water resistant barrier for the exterior of the building envelope;

�� (c) The layers do not provide a means of drainage for water that accumulates behind the exterior surface; and

�� (d) The layers insulate the building.

�� (2) A person licensed or required to be licensed under this chapter may not install a barrier-type exterior insulation and finish system on:

�� (a) A new building; or

�� (b) An existing building, except as necessary to repair or replace a previously installed barrier-type exterior insulation and finish system.

�� (3) Subsection (2) of this section does not apply to the application of a barrier-type exterior insulation and finish system:

�� (a) As an architectural feature that is not intended to protect an interior space of the building; or

�� (b) To a concrete wall or a concrete masonry unit block wall. [2007 c.851 �2]

NOTICES OF DEFECT IN RESIDENCE

�� 701.560 Definitions for ORS 701.560 to 701.595 and 701.605. As used in ORS 701.560 to 701.595 and 701.605:

�� (1) �Contractor� means a person that performed services for the construction, alteration or repair of a residence.

�� (2) �Defect� means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. �Defect� includes a deficiency, an inadequacy or an insufficiency in a system, component or material incorporated into a residence.

�� (3) �Owner� means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. �Owner� includes:

�� (a) A homeowners association as defined in ORS 94.550;

�� (b) A managing entity as defined in ORS 94.803;

�� (c) An owners� association as described in ORS 94.858;

�� (d) An association of unit owners as defined in ORS 100.005; and

�� (e) Any other entity that possesses an interest in a residence or represents owners of a residence.

�� (4) �Remediation� means the repair or replacement of some or all of the defects described in an owner�s notice of defect sent under ORS 701.565.

�� (5) �Residence� means:

�� (a) A residential structure as defined in ORS 701.005;

�� (b) Common property as defined in ORS 94.550; and

�� (c) A common element as defined in ORS 100.005.

�� (6) �Secondary notice� means a copy of an owner�s notice of defect that a contractor, subcontractor or supplier sends to another contractor, subcontractor or supplier that may be responsible for a defect.

�� (7) �Subcontractor� means any person that performed services for the construction, alteration or repair of a residence at the request or direction of a contractor.

�� (8) �Supplier� means any person that furnished or manufactured the systems, components or materials incorporated into a residence as part of the construction, alteration or repair of the residence. [2003 c.660 �1]

�� Note: 701.560 to 701.605 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.565 Notice of defect requirement; contents; mailing. (1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575.

�� (2) An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.

�� (3) A notice of defect sent by an owner must include:

�� (a) The name and mailing address of the owner or the owner�s legal representative, if any;

�� (b) A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;

�� (c) The address and location of the affected residence;

�� (d) A description of:

�� (A) Each defect;

�� (B) The remediation the owner believes is necessary; and

�� (C) Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and

�� (e) Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 �2; 2011 c.268 �1]

�� Note: See note under 701.560.

�� 701.570 Secondary notice of defect; inspection of residence; response to notice or secondary notice. (1) A contractor, subcontractor or supplier that receives a notice of defect sent under ORS 701.565 shall, not later than 14 days after receiving the notice of defect, send a secondary notice to any other known contractor, subcontractor or supplier that may be responsible for some or all of the defects described in the notice of defect. The contractor, subcontractor or supplier must send the secondary notice by registered or certified mail, return receipt requested, to an address described in ORS 701.565 (2). The secondary notice must be accompanied by a statement describing the basis for contending that the other contractor, subcontractor or supplier may be responsible for some or all of the defects.

�� (2) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to conduct a visual examination of the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier receives a notice of defect or secondary notice. The written request to conduct a visual examination of the residence must state the estimated time required for the visual examination.

�� (3) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to inspect the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier conducted a visual examination of the residence. The written request to inspect the residence must state the nature and scope of the inspection, whether any testing is to be performed and the estimated time required for the inspection. The recipient of a secondary notice that requests to inspect the residence shall send a copy of the request to the sender of the secondary notice.

�� (4) A contractor, subcontractor or supplier that sends a secondary notice and intends to hold the recipient of the secondary notice liable for a defect described in a notice of defect shall coordinate the scheduling of any inspection with the owner and all recipients of a secondary notice from the contractor, subcontractor or supplier. The contractor, subcontractor or supplier shall deliver a copy of any written request to inspect the residence to each recipient of the secondary notice in time to provide the recipient with an opportunity to attend the requested inspection and to participate in any remediation. The sender of a secondary notice shall give reasonable advance notice to the owner or the owner�s legal representative, if any, of the identity of any contractor, subcontractor or supplier who will attend the inspection. If the sender of the notice of defect is a homeowners association or an association of unit owners, the response to the secondary notice must conform with ORS 701.572.

�� (5) Unless otherwise agreed to by the owner, a contractor, subcontractor or supplier that receives a notice of defect or secondary notice shall send a written response to the owner not later than 90 days after the contractor, subcontractor or supplier receives a notice of defect or secondary notice. A contractor, subcontractor or supplier that receives a secondary notice also shall send a copy of the written response to the sender of the secondary notice. The written response must be sent by registered or certified mail, return receipt requested. The written response must include:

�� (a) One or more of the following for each defect described in the notice of defect or secondary notice or discovered during the course of any visual examination or inspection:

�� (A) An acknowledgment of the existence, nature and extent of the defect without regard to responsibility for the defect.

�� (B) A statement describing the existence of a defect different in nature or extent from the defect described in the notice of defect or secondary notice, without regard to responsibility for the defect.

�� (C) A denial of the existence of the defect.

�� (b) A copy of the documents described in ORS 701.575 (4).

�� (c) One or more of the following:

�� (A) An offer to perform some or all of the remediation. The offer must specify the date by which the offered remediation will be completed.

�� (B) An offer to pay a stated amount of monetary compensation to the owner for some or all of the acknowledged defects and any incidental damage. The offer must specify the date by which payment will be made.

�� (C) A denial of responsibility for some or all of the acknowledged defects or incidental damage. [2003 c.660 �3; 2011 c.268 �2; 2025 c.578 �13]

�� Note: See note under 701.560.

�� 701.572 Duties and rights of contractor, subcontractor or supplier following association�s notice of defect; requirements for offers to pay compensation; duties of owner upon receipt of offer to pay compensation; dispute resolution; satisfaction of claim. If a homeowners association or association of unit owners sends a notice of defect under ORS 701.565:

�� (1) The periods during which a contractor, subcontractor or supplier may send a written request to conduct a visual examination or request to inspect the residence under ORS

ORS 701.625

701.625 for the subcontractor�s work but the original contractor fails to pay the subcontractor for the certified work. A subcontractor shall provide written notice to the original contractor and owner at least seven days before the subcontractor suspends performance or terminates the construction contract, unless a shorter notice period is prescribed in the construction contract. A subcontractor may not be deemed in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection. A construction contract may not extend the notice period under this subsection.

�� (4) A subcontractor may suspend performance under a construction contract, or if performance is suspended for longer than one month may terminate a construction contract, if the owner declines or fails to approve portions of the contractor�s billing or estimate under ORS 701.625 for that subcontractor�s work and the reasons for nonapproval are not the fault of or directly related to the subcontractor�s work. A subcontractor shall provide written notice to the original contractor and the owner at least seven days before the subcontractor suspends performance or terminates the construction contract, unless a shorter notice period is prescribed in the construction contract. A subcontractor may not be deemed in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection. A construction contract may not extend the notice period under this subsection.

�� (5) A contractor or subcontractor may not submit a notice of suspension under this section until the lawful period for payment to the contractor or subcontractor has expired.

�� (6) An original contractor or subcontractor that suspends performance as provided in this section may condition the supplying of further labor, equipment, services, materials or products upon the owner or original contractor paying, in addition to any amounts certified under ORS 701.625, any documented, substantial and reasonably incurred costs for mobilization resulting from the shutdown or start-up of a project.

�� (7) In any action, claim or arbitration brought pursuant to this section, the prevailing party shall be awarded costs and reasonable attorney fees.

�� (8) Written notice required under this section is deemed to have been provided if the notice:

�� (a) Is delivered in person to the owner, original contractor, subcontractor or a person designated by the owner, original contractor or subcontractor to receive notice; or

�� (b) Is delivered by certified mail, return receipt requested, or other means that provides written, third party verification of delivery to the last business address of the owner, original contractor or subcontractor known to the party giving notice. [2003 c.675 �57; 2011 c.553 �4]

�� Note: See note under 701.620.

�� 701.640 Prohibition against contrary provisions, covenants or clauses. (1) A construction contract may not include any provision, covenant or clause that:

�� (a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract to be conducted in another state; or

�� (b) States that a party to the construction contract cannot suspend performance under the construction contract or terminate the construction contract if another party to the construction contract fails to make prompt payments under the construction contract pursuant to ORS 701.620 to 701.640.

�� (2) Any provision, covenant or clause described in subsection (1) of this section is void and unenforceable. [2003 c.675 �58; 2011 c.553 �5]

�� Note: See note under 701.620.

�� 701.645 Contracts and housing not subject to ORS 701.620 to 701.640. ORS 701.620 to 701.640 do not apply to:

�� (1) A contract for the construction, alteration, repair, maintenance, moving or demolition of a building that is subject to the Low-Rise Residential Dwelling Code;

�� (2) A public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C; or

�� (3) Housing in which all or part of the dwelling units are reserved for rental to persons having an income equal to or less than 80 percent of the median household income for the area as determined by the Housing and Community Services Department. [2003 c.675 �59; 2003 c.794 �331d]

�� Note: See note under 701.620.

�� 701.900 [1989 c.928 �31; 1999 c.402 �40; renumbered 701.002 in 2001]

PENALTIES

�� 701.990 Criminal penalties. (1) Violation of ORS 701.021 is a Class A misdemeanor.

�� (2) The intentional use of a contractor�s license number without the authorization of the licensed contractor is a Class A misdemeanor.

�� (3) Use of a contractor�s license number, with or without the authorization of the licensed contractor, with the intent to deceive the public is a Class A misdemeanor. [1971 c.740 �22; 1999 c.344 �7; 2001 c.104 �282; 2001 c.850 �7; 2007 c.836 �37]

�� 701.992 Civil penalties and other sanctions; enforcement. (1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the board of not more than $5,000 for each offense.

�� (2) Civil penalties under this section must be imposed as provided in ORS 183.745.

�� (3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

�� (4) The board shall impose sanctions for a violation of ORS 701.098 (1)(k) on the person to whom a contract is awarded and the person who awards the contract, and sanctions on a contractor for a violation of ORS 701.117 (2), as follows:

�� (a) A penalty not less than $500 nor more than $1,000 for the first offense;

�� (b) A penalty not less than $1,000 nor more than $2,000 for the second offense;

�� (c) Suspension of the person�s license for six months for a third offense;

�� (d) Suspension of the person�s license for three years for a fourth offense; and

�� (e) Revocation of the person�s license for a fifth offense.

�� (5) The board may impose a civil penalty not to exceed $100 for each violation of ORS 87.007 (3). [1971 c.740 �21; 1979 c.874 �5; 1981 c.618 �14; 1983 c.616 �16; 1983 c.696 �27; 1991 c.734 �90; 1995 c.216 �4; 1995 c.771 �6; 1999 c.402 �41; 2003 c.14 �441; 2003 c.778 �7; 2005 c.432 �17; 2007 c.836 �38; 2023 c.277 �7]

�� 701.995 Civil penalties for violations related to lead-based paint activities; reporting of penalties and sanctions. (1) A person who violates any provision of, or any rule adopted under, ORS

ORS 91.817

91.817; 1993 c.369 �11; 1995 c.559 �24; 2001 c.596 �32]

�� 90.385 Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases. (1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:

�� (a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:

�� (A) A building, health or housing code materially affecting health or safety;

�� (B) Laws or regulations concerning the delivery of mail; or

�� (C) Laws or regulations prohibiting discrimination in rental housing;

�� (b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;

�� (c) The tenant has organized or become a member of a tenants� union or similar organization;

�� (d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;

�� (e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:

�� (A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155; or

�� (B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy;

�� (f) The tenant uses, or intends or attempts to use, the dwelling as a family child care home in compliance with ORS 90.358; or

�� (g) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.

�� (2) As used in subsection (1) of this section, �decreasing services� includes:

�� (a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and

�� (b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.

�� (3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 and has a defense in any retaliatory action against the tenant for possession.

�� (4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:

�� (a) The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord in consideration of all related circumstances preceding or contemporaneous to the complaint;

�� (b) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;

�� (c) The tenant was in default in rent at the time of the service of the notice upon which the action is based; or

�� (d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.

�� (5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.

�� (6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 shall not be considered to be in default in rent.

�� (7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (2). [Formerly 91.865; 1995 c.559 �25; 1997 c.303 �1; 1999 c.603 �23; 2011 c.42 �8; 2020 s.s.3 c.3 ��9,18; 2023 c.145 �3]

�� 90.388 Disclosure of immigration or citizenship status of applicant, tenant or family member prohibited; remedies. (1) A landlord may not, with the intent or purpose of harassing, retaliating against or intimidating, disclose or threaten to disclose the immigration or citizenship status of an applicant, a tenant or a member of an applicant�s or a tenant�s household.

�� (2) A violation of this section or ORS 90.306 is:

�� (a) Considered a violation of ORS 90.390 (1) and subject to ORS 90.390 (2) and (3); and

�� (b) Only for purposes of ORS 659A.885, considered an unlawful practice and subject to remedies under ORS 659A.885. [2025 c.226 �3]

�� Note: 90.388 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.

�� 90.390 Discrimination against tenant or applicant; tenant defense. (1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 and 659A.421.

�� (2) If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent.

�� (3) A tenant may prove a landlord�s discrimination in violation of ORS 659A.145 or 659A.421 by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS 659A.425, on members of a protected class. [1993 c.369 �24; 1997 c.577 �22; 2003 c.378 �12; 2005 c.391 �32; 2007 c.903 �14; 2008 c.36 �3; 2013 c.294 �11; 2013 c.530 �5]

LANDLORD REMEDIES

�� 90.391 Information to veterans required in notice. Except as provided in ORS 408.515 (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515. [2019 c.405 �3]

�� Note: 90.391 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.

�� 90.392 Termination of tenancy for cause; tenant right to cure violation. (1) Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.100 to 105.168, unless the tenant cures the violation as provided in this section.

�� (2) Causes for termination under this section are:

�� (a) Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 or a utility or service charge under ORS 90.315.

�� (b) Material violation by the tenant of ORS 90.325.

�� (c) Failure by the tenant to pay rent.

�� (3) The notice must:

�� (a) Specify the acts and omissions constituting the violation;

�� (b) Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and

�� (c) If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

�� (4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:

�� (A) At least 14 days after delivery of the notice; or

�� (B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155. For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.

�� (b) If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.

�� (5)(a) If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.

�� (b) A landlord may not terminate a rental agreement under this subsection if the only violation is a failure to pay the current month�s rent.

�� (6) When a tenancy is a week-to-week tenancy, the notice period in:

�� (a) Subsection (3)(b) of this section changes from 30 days to seven days;

�� (b) Subsection (4)(a)(A) of this section changes from 14 days to four days; and

�� (c) Subsection (5)(a) of this section changes from 10 days to four days.

�� (7) The termination of a tenancy for a manufactured dwelling or floating home space in a facility under ORS 90.505 to 90.850 is governed by ORS 90.630 and not by this section. [2005 c.391 �7]

�� 90.394 Termination of tenancy for failure to pay rent. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS

ORS 92.840

92.840 by manufactured dwelling park tenants. [1973 c.828 �5; 1979 c.60 �2; 1979 c.327 �5; 1985 c.501 �4; 1991 c.739 �11; 1993 c.511 �4; 1995 c.79 �251; 1995 c.735 �1; 2001 c.738 �3; 2003 c.743 �3; 2015 c.180 �11; 2021 c.55 �3; 2023 c.416 �1; 2025 c.537 �10]

�� 456.623 Project funding notification registry. (1) The Housing and Community Services Department shall establish a registry system for persons requesting to be notified when department-proposed funding awards are contemplated for multifamily housing projects.

�� (2) Any person may register with the department to receive the notification described in subsection (1) of this section. A person may request notification for multifamily housing projects on a statewide basis or may limit the request to projects within specific areas of the state as identified by the department. The department may charge a reasonable fee for the registration.

�� (3) If the department proposes funding for a multifamily housing project, the department shall send written notice of the funding proposal to all persons who are at that time registered to receive the notice under this section. The department may send notice to persons the department believes may be interested but who are not registered to receive notice. The department shall not proceed with awarding funding for a multifamily housing project prior to the 30th day after the sending of notice to all persons entitled under this subsection to notice of the funding proposal.

�� (4) Notice sent under this section shall be limited to stating the deadline for filing comments and the type of housing, number of units, sponsor and location of the proposed project. The notice shall not include any information made exempt from public disclosure under ORS 192.355 (24).

�� (5) During the period after the department proposes funding for a multifamily housing project and prior to the department proceeding with awarding the funding, any interested person may file comments regarding the project with the department.

�� (6) At the discretion of the Director of the Housing and Community Services Department, the department may conduct a market study or take other actions in response to comments filed in regard to multifamily housing projects proposed for funding.

�� (7) Subsections (3), (5) and (6) of this section apply only to multifamily housing project funding for construction, acquisition or rehabilitation loans, grants or tax program awards that otherwise do not include an independently prepared, project-specific market study as part of the department review, approval or underwriting process.

�� (8) As used in this section, �housing project� has the meaning given that term in ORS 456.065. [1999 c.471 �1; 2007 c.152 �4]

�� Note: 456.623 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.625 Department powers; recording terms of use for housing projects; procurement; fees; rules. The Housing and Community Services Department may:

�� (1) Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector.

�� (2) Prepare proposals on measures it considers necessary to address administration, housing programs or community services programs.

�� (3) With the approval of the Oregon Housing Stability Council, assess fees, charges or interest in connection with housing programs.

�� (4) Encourage community organizations to assist in initiating housing projects for persons and families of lower income.

�� (5) Encourage the salvage of usable housing scheduled for demolition or dislocation because of highway, school, urban renewal or other public projects by seeking authority for the public agencies involved in such programs to use the funds provided for the demolition or relocation of such buildings to enable qualified housing sponsors to relocate and rehabilitate such buildings for use by persons and families of lower income.

�� (6) Encourage research and demonstration projects to develop techniques and methods for increasing the supply of adequate, decent, safe and sanitary housing for persons and families of lower income.

�� (7) Make or participate in the making of residential loans to qualified individuals or housing sponsors to provide for the acquisition, construction, improvement, rehabilitation or permanent financing of residential housing or housing development; undertake commitments to make residential loans; purchase and sell residential loans at public or private sale; modify or alter such mortgages or loans; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the department by any law, mortgage, security, agreement, contract or other agreement and to bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, conserve, improve and otherwise use the property to accomplish the department�s purposes, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such manner as the department determines necessary to protect its interests under ORS 456.515 to 456.828 and ORS chapter 458.

�� (8) Unless specifically exempted by the State Treasurer, deposit with the State Treasurer any funds held in reserve or sinking funds under ORS 456.515 to 456.828 and ORS chapter 458 and any other moneys not required for immediate use or disbursement by the department, subject to the provisions of any agreement with holders of bonds entered into prior to October 15, 1983.

�� (9) Advise and assist in the creation of any nonprofit housing corporation, consumer housing cooperative or limited dividend housing sponsor and give approval of the articles of incorporation and bylaws of any such organization in carrying out ORS 456.515 to 456.828.

�� (10) Cooperate with and exchange services, personnel and information with any federal, state or local governmental agency.

�� (11) With the approval of the State Treasurer, contract for the services of and consultation with trustees, investment and financial advisors, paying agents, remarketing agents and other professional persons or organizations in carrying out ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)