Oregon Septic System Licensing Law

Oregon Code · 19 sections

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

ORS 105.465

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

INSTRUCTIONS TO THE SELLER

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

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

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

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

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

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

Initial only the exclusion you wish to claim.

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

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

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

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

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

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

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

___ (�THE PROPERTY�).

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

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

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

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

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

�� 1.�� TITLE

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

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

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

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

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

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

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

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

�� licenses, access limitations or claims that

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

�� *F. Are there any agreements for joint

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

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

�� zoning overlays, surveys or notices that would

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

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

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

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

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

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

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

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

�� restrictions or private assessments that

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

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

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

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

�� 2.�� WATER

�� A.� Household water

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

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

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

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

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

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

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

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

�� for your access to or maintenance of the water

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

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

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

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

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

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

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

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

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

�� [ ]Leased [ ]Owned

�� B.� Irrigation

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

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

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

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

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

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

�� C.� Outdoor sprinkler system

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

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

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

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

�� 3.�� SEWAGE SYSTEM

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

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

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

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

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

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

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

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

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

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

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

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

�� If yes, when?�� __�� [ ]NA

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

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

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

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

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

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

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

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

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

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

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

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

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

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

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

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

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

�� 5.�� DWELLING STRUCTURE

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

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

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

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

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

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

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

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

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

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

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

�� *If yes, what is the make? __

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

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

�� United States Environmental Protection

�� Agency (EPA) or the Department of

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

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

�� whole house� inspection been done

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

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

�� penetration, mildew odors or other moisture

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

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

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

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

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

�� construction of the structure that are or

�� have been the subject of a recall, class

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

�� If yes, what are the materials? __

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

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

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

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

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

�� If yes, when? __

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

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

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

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

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

�� order on the date this form is signed?

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

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

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

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

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

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

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

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

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

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

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

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

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

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

�� If yes, what product? ___

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

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

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

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

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

�� If yes, when? ___

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

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

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

�� 7.�� COMMON INTEREST

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

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

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

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

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

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

�� maintenance agreements for facilities like

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

�� or other areas co-owned in undivided interest

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

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

�� governing entity a party to pending litigation

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

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

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

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

�� 8.�� SEISMIC

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

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

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

�� 9.�� GENERAL

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

�� standing water or drainage on the property

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

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

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

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

�� beach movements, earthquake, expansive soils

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

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

�� Note: Flood insurance may be required for

�� homes in a floodplain.

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

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

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

�� or treated for asbestos, formaldehyde, radon

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

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

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

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

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

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

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

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

�� 10. FULL DISCLOSURE BY SELLERS

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

�� this property or its value that a prospective

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

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

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

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

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

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

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

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

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

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

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

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

BUYER ___ DATE __

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

Real Estate Licensee

Real Estate Firm

Date received by agent __

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

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

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

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

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

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

ORS 169.005

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

�� Note: See note under 164.160.

MONEY LAUNDERING

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

�� (5) As used in this section:

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

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

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

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

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

�� (B) One or more monetary instruments;

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

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

�� (e) �Monetary instrument� means:

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

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

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

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

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

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

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

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

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

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

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

�� (3) As used in this section:

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

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

�� Note: See note under 164.170.

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

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

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

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

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

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

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

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

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

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

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

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

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

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

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

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

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

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

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

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

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

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

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

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

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

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

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

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

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

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

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

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

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

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

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

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

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

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

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

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

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

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

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

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

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

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

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

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

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

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

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

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

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

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

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

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

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

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

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 223.845

223.845, unless the context requires otherwise:

�� (1) �Actual cost� has the meaning given the term under ORS 310.140.

�� (2) �Capital construction project� means a project for �capital construction,� as defined under ORS 310.140.

�� (3)(a) �Estimated assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the local government estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the local government�s estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property.

�� (b) �Estimated assessment� shall be determined by:

�� (A) Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and

�� (B) Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement.

�� (4) �Final assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property.

�� (5)(a) �Financing� means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement.

�� (b) The costs of financing may include the salaries, wages and benefits payable to employees of the local government to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition to inclusion of any salaries, wages or benefits payable to employees of a local government as financing costs of a local improvement or any part thereof, the local government shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement.

�� (c) Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the local government�s reasonable estimate of the financing costs if the local government first documents the basis for the estimate and makes the documentation available to interested persons on request.

�� (6) �Governing body� means the council, commission, board or other controlling body, however designated, in which the legislative powers of a local government are vested.

�� (7) �Installment application� means an application filed by a property owner to have a final assessment paid in installments over a period of years.

�� (8) �Local government� means a local government as defined in ORS 174.116 that has authority to undertake the acquisition, construction, reconstruction, repair, betterment or extension of a local improvement.

�� (9) �Local improvement� has the meaning given the term under ORS 310.140.

�� (10) �Lot� means a lot, block or parcel of land.

�� (11) �Owner� means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

�� (12) �Recorder� means the auditor, recorder, clerk or other person or officer of a local government serving as clerk of the local government or performing the clerical work of the local government, or other official or employee as the governing body of a local government shall designate to act as recorder.

�� (13) �Structure� has the meaning given the term under ORS 310.140.

�� (14) �Treasurer� means the elected or appointed official of a local government, however designated, charged by law with the responsibility for acting as custodian of and investment officer for the public moneys of the local government. [1991 c.902 �3; 2003 c.802 �2; 2017 c.283 �3]

APPROPRIATION AND CONDEMNATION OF PROPERTY FOR CITY PURPOSES; SPECIAL PROCEDURE

�� 223.005 Appropriation and condemnation for public use within and without city limits. Any incorporated city may:

�� (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general benefit and use of the people of the city, including but not limited to appropriation for an aviation field, park, city hall, city buildings, jail, or to protect the city from overflow by freshets.

�� (2) Appropriate any real property, water, watercourse and water and riparian rights, including power sites, to any public or municipal use or for the general benefit and use of the people within or without the city, and to build dams, reservoirs and conduits for the purpose of storing and using water to aid in developing the necessary power to generate electricity for the use and benefit of the people within or without the city.

�� (3) Condemn for its use private property for the purpose of erecting and maintaining electric lines thereon for the purpose of generating and conveying power to light and heat the city, and to be used and sold by the city for manufacturing, transportation, domestic and other purposes, either within or without the corporate limits of the city, and for the purpose of constructing electrical systems for municipal uses. [Amended by 1971 c.134 �1]

�� 223.010 Right of city to enter upon, survey, examine and select property to be appropriated or condemned. For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select any such property or rights for the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir, septic tank, filter bed, sewer form or purifying plant or laying or constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike, canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant or other plant, building or electric lines or system for municipal uses, including but not limited to, aviation fields, parks, city hall, city buildings, jails, docks, piers, slips, shore and terminal structures. [Amended by 1971 c.134 �2; 2003 c.477 �4]

�� 223.015 Manner of appropriation or condemnation; compensation. After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may proceed in the manner prescribed by the statutes for the appropriation of land for corporate purposes, and not otherwise, unless otherwise provided by law, to have such property appropriated and the compensation therefor determined and paid. However, the compensation for such condemnation by a city shall be paid by a deposit in the court of an order drawn upon the city treasurer for the amount of compensation.

�� 223.020 Scope of appropriation. Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or power site.

�� 223.025 [Repealed by 1963 c.297 �1]

�� 223.030 [Repealed by 1963 c.297 �1]

�� 223.035 [Repealed by 1963 c.297 �1]

�� 223.040 [Repealed by 1963 c.297 �1]

MUNICIPAL CONDEMNATION PROCEEDINGS

�� 223.105 Proceedings to condemn property for city improvements when owner and city disagree on price. (1) The provisions of this section apply to every city, whether organized under general law or otherwise.

�� (2) Whenever the council of any incorporated city deems it necessary to take or damage private property for the purpose of establishing, laying out, extending or widening streets, or other public highways and places within any city, or for rights of way for drains, sewers or aqueducts, or for widening, straightening or diverting channels of streams and the improvement of waterfronts, and the council cannot agree with the owner of the property as to the price to be paid, the council may direct proceedings to be taken under the general laws of this state to procure the same.

�� 223.110 [Repealed by 1971 c.741 �38]

ECONOMIC IMPROVEMENT DISTRICTS

�� 223.112 Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires otherwise:

�� (1) �Council� means the city council or other controlling body of a city.

�� (2) �Economic improvement� means:

�� (a) The planning or management of development or improvement activities.

�� (b) Landscaping or other maintenance of public areas.

�� (c) Promotion of commercial activity or public events.

�� (d) Activities in support of business recruitment and development.

�� (e) Improvements in parking systems or parking enforcement.

�� (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby. [1985 c.576 �1; 1991 c.902 �4]

�� 223.114 Economic improvement; assessment ordinance. (1) A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.

�� (2) In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

�� (a) Levy assessments in an economic improvement district in any year that exceed one percent of the real market value of all the real property located within the district.

�� (b) Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

�� (c) Levy assessments on residential real property or any portion of a structure used for residential purposes. [1985 c.576 �2; 1989 c.1018 �3; 1991 c.459 �350; 1991 c.902 �5]

�� 223.115 [Repealed by 1971 c.741 �38]

�� 223.117 Requirements of assessment ordinance. (1) An ordinance adopted under ORS 223.114, shall provide for enactment of an assessment ordinance that:

�� (a) Describes the economic improvement project to be undertaken or constructed.

�� (b) Contains a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property.

�� (c) Describes the boundaries of the district in which property will be assessed.

�� (d) Specifies the number of years, to a maximum of five, in which assessments will be levied.

�� (e) Contains provision for notices to be mailed or delivered personally to affected property owners that announce the intention of the council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection.

�� (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment.

�� (2) The ordinance shall also:

�� (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district.

�� (b) Require the city recorder or other person designated by the council to prepare the proposed assessment for each lot in the district and file it in the appropriate city office.

�� (c) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices.

�� (d) Provide that the council shall consider such objections and may adopt, correct, modify or revise the proposed assessments.

�� (e) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of assessments is levied. [1985 c.576 �3; 1989 c.1018 �4]

�� 223.118 Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of the council, provide that:

�� (a) When the council receives written objections at the public hearing only from owners of property upon which less than 33 percent of the total amount of assessments is levied, the economic improvement project may be undertaken or constructed, but that assessments shall not be levied on any lot or parcel of property if the owner of that property submitted written objections at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance.

�� (b) The council, after excluding from assessment property belonging to such owners, shall determine the amount of assessment on each of the remaining lots or parcels in the district.

�� (c) Notice of such proposed assessment be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice.

�� (2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section:

�� (a) Any new owner of benefited property in the district or any owner of benefited property who excluded the property from assessment by submitting written objections to the council may subsequently agree to the assessment of the owner�s property in the district. The council shall apportion the costs to the property for the remaining time in which assessments will be levied.

�� (b) The assessed property may not be relieved from liability for that assessment.

�� (c) If the council considers it necessary to levy assessments upon property in the district for longer than the period of time specified in the assessment ordinance, the council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice and right of remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a) to (c) of this section. [1991 c.773 �2]

�� 223.119 Advisory committee; functions. An ordinance adopted under ORS 223.114, may require creation, for each economic improvement district, of an advisory committee to allocate expenditure of moneys for economic improvement activities within the scope of ORS 223.112 to

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 401.165

401.165. The commission shall determine whether to waive a fee contained in subsection (1) of this section on a case-by-case basis. The commission may delegate the authority granted under this section to the director.

�� (5) Fees collected under subsection (1) of this section shall be deposited in the State Treasury and credited to an account of the department. The moneys received are continuously appropriated to the department to carry out the requirements of ORS 454.605 to 454.755. [1973 c.835 �220; 1974 c.30 �3; 1975 c.167 �10; 1975 c.607 �33; 1979 c.591 �2; 1997 c.64 �1; 1999 c.551 �13]

�� 454.755 Fees for certain reports on sewage disposal. (1) Any person, upon application for any of the following actions by the Department of Environmental Quality, shall pay to the department a fee in the amount required for each lot or parcel:

�� (a) A report of evaluation of site suitability for a subsurface sewage disposal system, alternative sewage disposal system, nonwater-carried sewage disposal facility or a part thereof, pursuant to ORS 454.655;

�� (b) A report of evaluation of adequacy of a sewage disposal method required prior to the approval of a plat of a subdivision, pursuant to ORS 92.090 (5)(c); or

�� (c) A report on any proposed repair or alteration of an existing subsurface sewage disposal system, alternative sewage disposal system, nonwater-carried sewage disposal facility or a part thereof. A person may apply for the permit required under ORS 454.655 (1) to alter or repair a system without obtaining this report.

�� (2) The fee paid for a report of evaluation of site suitability pursuant to subsection (1)(a) of this section shall entitle the applicant to as many site inspections as is necessary within 90 days from the date of the first site inspection to determine site suitability for a single home site. The department may require separate fees if it determines that the site inspections are for the purpose of determining site suitability for more than one home site. [1974 c.30 �2; 1974 c.74 �4; 1975 c.167 �11; 1975 c.607 �34; 1999 c.551 �14]

�� 454.775 [1979 c.189 �1; repealed by 1999 c.551 �17]

ON-SITE SEPTIC SYSTEM FINANCIAL ASSISTANCE PROGRAMS

�� 454.777 Policy. The Legislative Assembly declares it to be the policy of this state to assist the people of this state in protecting public health and safety and the quality of the waters of this state by making financial assistance available for the repair, replacement, upgrade or evaluation of residential or small business on-site septic systems. The Legislative Assembly also declares it to be the policy of this state to support the availability of affordable loans to assist residents to remain in their homes and thereby promote long-term home ownership and sustainable housing opportunities. [2016 c.87 �1; 2025 c.231 �1]

�� Note: 454.777 and 454.779 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 454.779 Grants for financial assistance programs; requirements; grant preferences; rules. (1) As used in this section and ORS 454.777:

�� (a) �Available sewer� means an existing public sewer system that a residence or small business is capable of being connected to:

�� (A) In compliance with state and local law; and

�� (B) Without a significant extension of the public sewer system.

�� (b) �Financial assistance program� means a program to provide grants, loans or other assistance that is funded by a program grant awarded under this section.

�� (c)(A) �On-site septic system� means a subsurface on-site sewage treatment and disposal system, including, but not limited to, alternative sewage disposal systems, nonwater-carried sewage disposal facilities and subsurface sewage disposal systems as those terms are defined in ORS 454.605.

�� (B) �On-site septic system� does not include any system that is designed to treat and dispose of industrial waste.

�� (d)(A) �Residence� or �residential� means single-unit or multiple-unit housing, whether occupied by the owner or a tenant.

�� (B) �Residence� or �residential� does not include property used to provide short-term lodging.

�� (e) �Small business� means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit and that generates less than 3,500 gallons of wastewater per day.

�� (2) The Department of Environmental Quality shall award program grants for the purpose of developing and administering financial assistance programs for the purposes described in subsection (3)(b) of this section. The Environmental Quality Commission may adopt rules necessary to implement the provisions of this section.

�� (3) The department may not disburse program grant funds under this section unless the department and the intended program grant award recipient first enter into a grant agreement. The grant agreement must:

�� (a) Provide that a lender that participates in a financial assistance program must agree to subordinate the lender�s lien to the borrower�s consensual mortgage lien.

�� (b) Require that financial assistance provided to property owners must be used for at least one of the following purposes to address a public health and safety risk or to otherwise protect or maintain water quality in the waters of this state:

�� (A) To repair a damaged, malfunctioning or inoperable residential or small business on-site septic system.

�� (B) To replace a damaged, malfunctioning or inoperable residential or small business on-site septic system with:

�� (i) A new, used or reconditioned functional residential or small business on-site septic system;

�� (ii) A new, used or reconditioned functional cluster on-site septic system; or

�� (iii) A connection to an available sewer, and to properly decommission and discontinue use of the on-site septic system.

�� (C) To upgrade a residential or small business on-site septic system with a newer or more advanced on-site septic system. An upgrade may include alterations if the work is part of a repair or if the on-site septic system being upgraded is more than 25 years old.

�� (D) To replace the waste disposal well or sewage drill hole of an otherwise functional residential or small business on-site septic system.

�� (E) To conduct a regional evaluation of community, residential or small business on-site septic systems to determine whether repair or replacement is necessary.

�� (c) Require that, if a residence or small business with a damaged, malfunctioning or inoperable on-site septic system is located within the territory of an available sewer, and is required to connect to the available sewer, financial assistance provided to address the damaged, malfunctioning or inoperable on-site septic system must be used to install a connection to the available sewer and to properly decommission and discontinue use of the on-site septic system.

�� (d) Require that a loan provided under a financial assistance program must be in an amount that covers 100 percent of the costs associated with the purposes under paragraph (b) of this subsection for which the loan is provided, unless the borrower requests and consents to a loan that covers a lower percentage of the costs.

�� (e) Require that a program grant award recipient must provide a mechanism for ensuring compliance with any locally required operation and maintenance of an on-site septic system for which financial assistance is provided.

�� (f) Require that a program grant award recipient use accounting, auditing and fiscal procedures that conform to generally accepted government accounting standards.

�� (4) In selecting program grant award recipients under this section, the department shall give preference to applicants that:

�� (a) Provide financial assistance to low and moderate income households, residential housing providers and small business property owners that are unable to obtain traditional financing;

�� (b) Can demonstrate prior success in offering, underwriting, servicing and managing loans, or providing other financial assistance, to:

�� (A) Members of low and moderate income populations;

�� (B) Persons with a range of credit qualifications; and

�� (C) Residential and commercial property owners; and

�� (c) Plan to engage additional stakeholders in outreach and marketing efforts for a financial assistance program.

�� (5) In addition to applicants described in subsection (4) of this section, the department shall give preference to applicants that provide financial assistance for the repair, replacement, upgrade or evaluation of residential or small business on-site septic systems located in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150. [2016 c.87 �2; 2017 c.255 �1; 2025 c.231 �2; 2025 c.605 �40]

�� Note: See note under 454.777.

�� 454.780 [1979 c.189 �2; repealed by 1999 c.551 �17]

SEPTAGE

�� 454.782 Definitions for ORS 454.782 to 454.800. As used in ORS 454.782 to 454.800:

�� (1) �Commission� means the Environmental Quality Commission.

�� (2) �Department� means the Department of Environmental Quality.

�� (3) �Septage� means the domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toilets, chemical toilets or other similar domestic sewage treatment components or systems and other sewage sludge not derived at sewage treatment plants. [1999 c.978 �1]

�� Note: 454.782 to 454.800 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 454.784 Policy. It is the policy of the State of Oregon to encourage innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state. [1999 c.978 �2]

�� Note: See note under 454.782.

�� 454.785 [1974 c.30 �4; repealed by 1975 c.309 �6]

�� 454.787 Findings. (1) The Legislative Assembly finds that:

�� (a) Improper collection, storage, transportation, treatment, recycling and disposal of septage is a threat to the quality of the waters of this state, to the health, safety and welfare of Oregonians and to the fish and wildlife resources of this state.

�� (b) In many instances throughout the state, septage is not being collected frequently enough to prevent septic system failures.

�� (2) Therefore, the Legislative Assembly declares that providing new options for proper collection, storage, transportation, treatment, recycling and disposal of septage is a matter of statewide concern that requires the combined efforts of state and local governments. [1999 c.978 �3]

�� Note: See note under 454.782.

�� 454.790 Permit or license required to collect, store, transport, treat, recycle or dispose of septage. A person may not collect, store, transport, treat, recycle or dispose of septage:

�� (1) Without first obtaining a license or permit from the Department of Environmental Quality issued under the program established under ORS 454.792; and

�� (2) Unless the person is operating in compliance with the terms of the license or permit. [1999 c.978 �4]

�� Note: See note under 454.782.

�� 454.792 Rules. Upon request of a county under ORS

ORS 431.144

431.144; and

�� (d) Clinical preventive services, as described in ORS 431.145. [2015 c.736 �17]

�� 431.142 Communicable disease control programs. Communicable disease control programs established under ORS 431.141 must identify, prevent and control infectious diseases that pose a threat to the health of the public and must include, but are not limited to:

�� (1) Recognizing, identifying and responding to communicable disease outbreaks;

�� (2) Maintaining a list of communicable diseases;

�� (3) Conducting, receiving and analyzing laboratory results and physician reports related to communicable diseases;

�� (4) Providing the support necessary for individuals to recognize communicable diseases and other illnesses of public health importance; and

�� (5) Conducting community-based programs for the purpose of preventing communicable diseases. [2015 c.736 �18]

�� 431.143 Environmental public health programs. Environmental public health programs established under ORS 431.141 must protect the public from illness, injury, disability and death caused by exposure to physical, chemical or biological factors in the environment and must include, but are not limited to:

�� (1) Testing and analysis for purposes related to environmental health;

�� (2) Preventing and investigating environmental health hazards, including radioactive materials, animal bites and vector-borne diseases;

�� (3) Inspecting and educating the operators of:

�� (a) Restaurants and other food service establishments;

�� (b) Recreation sites, lodges and swimming pools;

�� (c) Septic systems;

�� (d) Potable water systems;

�� (e) Radiological equipment; and

�� (f) Hospitals and other health care facilities; and

�� (4) Promoting land use planning and sustainable development activities that create positive health outcomes. [2015 c.736 �19]

�� 431.144 Prevention of injury and disease and promotion of health programs. (1) Prevention of injury and disease and promotion of health programs established under ORS 431.141 must include, but are not limited to:

�� (a) Prevention and control of tobacco use;

�� (b) Improving nutrition;

�� (c) Improving oral health;

�� (d) Improving prenatal, natal and postnatal care, maternal health and the health of children;

�� (e) Incentivizing increased physical activity; and

�� (f) Decreasing the occurrence and impacts of both unintentional and intentional injuries, such as motor vehicle accidents and suicide.

�� (2) Prevention of injury and disease and promotion of health programs must be based on evidence-based or emerging best practices designed to improve health outcomes for all populations. [2015 c.736 �20]

�� 431.145 Clinical preventive services. Clinical preventive services established under ORS 431.141 must provide for the assessment of public access to:

�� (1) Immunizations;

�� (2) Prenatal care;

�� (3) Screening for preventable cancers and other diseases;

�� (4) Screening for sexually transmitted infections;

�� (5) Evaluation of and treatment for tuberculosis and related latent tuberculosis infections;

�� (6) Cost-effective preventive care; and

�� (7) Laboratory services. [2015 c.736 �21]

�� 431.147 Authority to establish other public health programs and activities; rules. In addition to the foundational programs established under ORS 431.141, the Oregon Health Authority may establish by rule other public health programs, or by rule or order other public health activities, that address specific public health problems or needs. Programs and activities may be established under this section for the purpose of enhancing or expanding a foundational program or for the purpose of addressing a need not addressed by a foundational program. Additional programs and activities may be established under this section in consideration of any advice provided by the Oregon Public Health Advisory Board or upon the authority�s own initiative. [2015 c.736 �22]

�� 431.148 Evidence-based best practices; rules. The Oregon Health Authority may adopt by rule evidence-based best practices for the purpose of assisting local public health authorities in implementing the foundational programs established under ORS 431.141 and any other public health program or activity established under ORS 431.147. Rules adopted under this section are only for the purpose of assisting local public health authorities and are not mandatory guidelines for the implementation of the programs or activities. [2015 c.736 �23; 2017 c.627 �8]

RULES

�� 431.149 Rulemaking authority over ORS 431.001 to 431.550 and 431.990. The Oregon Health Authority may adopt rules to implement ORS 431.001 to 431.550 and 431.990. [2015 c.736 �24]

ENFORCEMENT

�� 431.150 Enforcement of public health laws generally. (1) The Oregon Health Authority shall enforce ORS

ORS 454.305

454.305.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Governing body� means a board of commissioners, county court or other managing board of a municipality.

�� (4) �Municipality� means a city, county, county service district, sanitary district, metropolitan service district or other special district authorized to treat or dispose of sewage in any county with a population exceeding 400,000 according to the latest federal decennial census.

�� (5) �Subsurface sewage disposal system� has the meaning given that term in ORS 454.605.

�� (6) �Threat to drinking water� means the existence in any area of any three of the following conditions:

�� (a) More than 50 percent of the affected area consists of rapidly draining soils;

�� (b) The ground water underlying the affected area is used or can be used for drinking water;

�� (c) More than 50 percent of the sewage in the affected area is discharged into cesspools, septic tanks or seepage pits and the sewage contains biological, chemical, physical or radiological agents that can make water unfit for human consumption; or

�� (d) Analysis of samples of ground water from wells producing water that may be used for human consumption in the affected area contains levels of one or more biological, chemical, physical or radiological contaminants which, if allowed to increase at historical rates, would produce a risk to human health as determined by the local health officer. Such contaminant levels must be in excess of 50 percent of the maximum allowable limits set in accordance with the Federal Safe Drinking Water Act.

�� (7) �Treatment works� has the meaning given that term in ORS 454.010. [1981 c.358 �1; 1983 c.235 �7; 1987 c.627 �8]

�� 454.280 Construction of treatment works by municipality; financing. Notwithstanding the provisions of ORS chapters 450, 451 and 454, or any city or county charter, treatment works may be constructed by a municipality and financed by the sale of general obligation bonds, revenue bonds or assessments against the benefited property without a vote in the affected area or municipality or without being subject to a remonstration procedure, when the findings and order are filed in accordance with ORS 454.310. The provisions of ORS 223.205 to 223.316 and 223.770 shall apply in so far as practicable to any assessment established as a result of proceedings under ORS 454.275 to 454.380. [1981 c.358 �2; 1995 c.333 �18; 1997 c.249 �153]

�� 454.285 Resolution or ordinance. (1) The governing body may adopt by resolution or ordinance a proposal to construct sewage treatment works and to finance the construction by revenue bonds, general obligation bonds or by assessment against the benefited property.

�� (2) The resolution or ordinance shall:

�� (a) Describe the boundaries of the affected area which must be located within a single drainage basin as identified in regional treatment works plans; and

�� (b) Contain findings that there is a threat to drinking water.

�� (3) The proposal must be approved by a majority vote of the governing body and does not require the approval of the residents or landowners in the affected area or municipality.

�� (4) The governing body shall forward a certified copy of the resolution or ordinance to the Environmental Quality Commission. Preliminary plans and specifications for the proposed treatment works shall be submitted to the commission with the resolution or ordinance. [1981 c.358 �3; 1983 c.235 �8]

�� 454.290 Study; preliminary plans. (1) The governing body shall order a study and the preparation of preliminary plans and specifications for the treatment works.

�� (2) The study shall include:

�� (a) Engineering plans demonstrating the feasibility of the treatment works and conformance of the plan with regional treatment works plans.

�� (b) Possible methods for financing the treatment works.

�� (c) The effect of the treatment works on property in the affected area. [1981 c.358 �4]

�� 454.295 Commission review; hearing; notice. (1) After receiving a certified copy of a resolution or ordinance adopted under ORS 454.285, the Environmental Quality Commission shall review and investigate conditions in the affected area. If substantial evidence reveals the existence of a threat to drinking water, the commission shall set a time and place for a hearing on the resolution or ordinance. The hearing shall be held within or near the affected area. The hearing shall be held not less than 50 days after the commission completes its investigation.

�� (2) The commission shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of adoption of the resolution or ordinance in a newspaper of general circulation within the affected area once each week for two successive weeks beginning not less than four weeks before the date of the hearing and by such other means as the commission deems appropriate in order to give actual notice of the hearing. [1981 c.358 �5]

�� 454.300 Conduct of hearing; notice of issuance of findings; petition for argument. (1) At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a threat to drinking water exists in the affected area, whether the conditions could be eliminated or alleviated by treatment works and whether the proposed treatment works are the most economical method to alleviate the conditions. The hearing may be conducted by the Environmental Quality Commission or by a hearings officer designated by the commission. After the hearing the commission shall publish a notice of issuance of its findings and recommendations in the newspaper used for the notice of hearing under ORS 454.295 (2), advising of the opportunity for argument under subsection (2) of this section.

�� (2) Within 15 days after the publication of notice of issuance of findings any person or municipality that will be affected by the findings may petition the commission to present written or oral arguments on the proposal. If a petition is received, the commission shall set a time and place for argument. [1981 c.358 �6]

�� 454.305 Effect of findings; exclusion of areas; filing of findings. (1) If the Environmental Quality Commission finds a threat to drinking water does exist but treatment works would not alleviate the conditions, the commission shall terminate the proceedings.

�� (2) If the commission finds a threat to drinking water exists within the territory and the conditions could be removed or alleviated by the construction of treatment works, the commission shall order the governing body to proceed with construction of the treatment works.

�� (3) If the commission finds that a threat to drinking water exists in only part of the affected area or that treatment works would remove or alleviate the conditions in only part of the affected area, the commission may reduce the affected area to the size in which the threat to drinking water could be removed or alleviated. The findings shall describe the boundaries of the affected area as reduced by the commission.

�� (4) In determining whether to exclude any area, the commission must consider whether or not exclusion would unduly interfere with the removal or alleviation of the threat to drinking water and whether the exclusion would result in an illogical boundary for the provision of services.

�� (5) If the commission determines that a threat to drinking water exists but that the proposed treatment works are not the most economical method of removing or alleviating the conditions, the commission may issue an order terminating the proceedings under ORS 454.275 to 454.380, or referring the resolution or ordinance to the municipality to prepare alternative plans, specifications and financing methods.

�� (6) At the request of the commission the municipality or a boundary commission shall aid in determining the findings made under subsections (3) and (4) of this section.

�� (7) The commission shall file its findings and order with the governing body of the municipality. [1981 c.358 �7]

�� 454.310 Construction authorized upon commission approval; when connection may be required; final plans. (1) When a certified copy of the findings and order approving the proposal is filed with the governing body, the governing body shall order construction of the treatment works and proceed with the financing plan as specified in the order. As part of the construction of the treatment works, the governing body may require property owners in the affected area to connect to the treatment works. The governing body shall establish by ordinance the method the governing body will use to enforce a mandatory connection requirement.

�� (2) Within 12 months after receiving the Environmental Quality Commission�s order the municipality shall prepare final plans and specifications for the treatment works and proceed in accordance with the time schedule to construct the facility. [1981 c.358 �8; 1989 c.559 �1]

�� 454.315 [1973 c.424 �2; repealed by 1975 c.167 �13]

�� 454.317 Resolution or ordinance authorizing levy and collection of seepage charge. (1) When a certified copy of the findings and order approving the proposal is filed with the governing body as provided in ORS 454.305, the governing body may adopt a resolution or ordinance authorizing the levy and collection of a seepage charge upon all real properties served by on-site subsurface sewage disposal systems, as defined in ORS 454.605, within the boundaries of the affected area.

�� (2) A resolution or ordinance adopted under this section shall authorize the levy and collection of a seepage charge only in an affected area located entirely within a single drainage basin as identified in regional treatment works plans.

�� (3) A resolution or ordinance adopted under this section shall:

�� (a) Describe the boundaries of the affected area; and

�� (b) Contain an estimate of the commencement and completion dates for the proposed treatment works and a proposed schedule for the extension of sewer service into the affected area. [1983 c.235 �2]

�� 454.320 Hearing on resolution or ordinance; notice of levy. (1) The governing body shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of the intent to adopt the resolution or ordinance in a newspaper of general circulation within the affected area once each week for four successive weeks and by such other means as the governing body deems appropriate in order to give actual notice of the hearing. The hearing shall be held within or near the affected area described in the resolution or ordinance. At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a seepage charge should be levied and collected.

�� (2) After the hearing held under this section, the governing body shall publish a notice of the levy of the seepage charge and thereafter proceed to levy and collect the seepage charge in such amount as in the discretion of the governing body will provide revenues for the payment of the principal and interest, in whole or in part, due on general obligation bonds or on revenue bonds issued by the governing body to construct the treatment works or to provide capital funds for the construction of treatment works. [1983 c.235 �3]

�� 454.325 [1973 c.424 �3; repealed by 1975 c.167 �13]

�� 454.330 County to collect seepage charge for municipality. (1) The county in which a municipality is levying a seepage charge under ORS 454.317 to 454.350 shall collect the seepage charge for the municipality.

�� (2) The county shall establish a separate account for each ordinance or resolution adopted by a municipality and imposing a seepage charge within the county. The seepage charges collected under an ordinance or resolution shall be credited only to the account established for that ordinance or resolution.

�� (3) Moneys in an account established under this section shall be disbursed only to the municipality for which the account was established.

�� (4) In order to receive funds under this section, a municipality must notify the county that the Environmental Quality Commission has ordered the governing body to proceed with construction of treatment works as provided in ORS 454.305 (2). Upon such notification, the county shall release funds from the appropriate account to the municipality. [1983 c.235 �4]

�� 454.335 [1973 c.424 �4; repealed by 1975 c.167 �13]

�� 454.340 Use of seepage charge; credit for system development charge; seepage charge to cease if user fee imposed. (1) All seepage charges levied and collected by the governing body shall be used for the construction of treatment works.

�� (2) System development charges for the installation or replacement of cesspools or septic tanks shall not be imposed by a municipality in any area in which seepage charges are imposed and collected under ORS 454.317 to 454.350. If an owner of real property against which seepage charges are imposed has already paid a system development charge for the installation or replacement of cesspools or septic tanks for that real property, the owner shall be allowed a credit against the seepage charge otherwise payable in an amount equal to the system development charge.

�� (3) When a user fee for the use of treatment works is imposed upon real property, all seepage charges levied against that real property shall cease.

�� (4) The governing body shall, by ordinance, allocate all of the seepage charges collected under ORS 454.317 to 454.350 for the purpose of allowing owners of real properties against which the seepage charges are imposed a credit against the future connection charges or system development charges otherwise due when those real properties are connected to treatment works.

�� (5) If the municipality levying the seepage charges is not the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works, then the municipality levying the seepage charges shall transfer those seepage charges it has collected to the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works. [1983 c.235 �6; 1985 c.680 �1]

�� 454.345 [1973 c.424 �5; repealed by 1975 c.167 �13]

�� 454.350 Effect of ORS 454.317 to 454.350 on contracts between municipalities. Nothing in ORS 454.317 to 454.350 prohibits contracts between municipalities under which a municipality may provide treatment facilities or services to another municipality. [1983 c.235 �5]

�� 454.355 [1973 c.424 �6; repealed by 1975 c.167 �13]

�� 454.360 Areawide 208 Plan as master plan for provision of sewage services. The Areawide 208 Plan, adopted pursuant to the Federal Water Pollution Control Act of 1972, P.L. 92-500, as amended, and any sewer implementation plan approved by the Environmental Quality Commission under ORS 454.275 to 454.380 shall be the governing master plan for the provision of sewage collection, treatment and disposal services by municipalities in an affected area. Any substantial amendment to such plan shall be submitted to and approved by the commission before taking effect. [1987 c.627 �2]

�� 454.365 Safety net program to provide financial relief. (1) Any municipality providing sewage collection, treatment and disposal services within an affected area shall approve and adopt a safety net program designed to provide financial relief to eligible property owners who would experience extreme financial hardship if required to pay costs associated with the construction of and connection to treatment works.

�� (2) A safety net program adopted under subsection (1) of this section:

�� (a) May include funds provided pursuant to ORS 454.430 to 454.445 and 468.220.

�� (b) May include, at the option of a municipality, funds contributed by the municipality. However, a municipality shall not be required to contribute such additional funds. [1987 c.627 �3]

�� 454.370 Citizens sewer advisory committee; membership; duties. (1) Each municipality providing sewage collection, treatment and disposal services within an affected area shall, after consultation with elected officials of the affected area, establish a citizens sewer advisory committee composed of persons directly affected by the order issued under ORS 454.305. The committee shall advise the Environmental Quality Commission and the governing body of the municipality on matters relating to the implementation of the commission�s order.

�� (2) The members of each citizens sewer advisory committee shall represent a cross section of businesses, homeowners and renters in the affected area and others affected by the order. At least two-thirds of the members shall reside or do business within the affected area. At least one-third of the members shall be persons eligible for financial relief under the safety net plan provided for in ORS

ORS 454.535

454.535. [Formerly 449.485]

REGULATION OF SUBSURFACE SEWAGE DISPOSAL

�� 454.605 Definitions for ORS 454.605 to 454.755. As used in ORS 454.605 to 454.755, unless the context requires otherwise:

�� (1) �Absorption facility� means a system of open-jointed or perforated piping, alternate distribution units or other seepage systems for receiving the flow from septic tanks or other treatment units and designed to distribute effluent for oxidation and absorption by the soil within the zone of aeration.

�� (2) �Accessory dwelling unit� has the meaning given that term in ORS 197A.425.

�� (3) �Alternative sewage disposal system� means a system incorporating all of the following:

�� (a) Septic tank or other sewage treatment or storage unit; and

�� (b) Disposal facility or method consisting of other than an absorption facility but not including discharge to public waters of the State of Oregon.

�� (4) �Construction� includes installation, alteration or repair.

�� (5) �Contract agent� means a local unit of government that has entered into an agreement with the Department of Environmental Quality pursuant to ORS 454.725.

�� (6) �Effluent sewer� means that part of the system of drainage piping that conveys treated sewage from a septic tank or other treatment unit into an absorption facility.

�� (7) �Governmental unit� means the state or any county, municipality or other political subdivision, or any agency thereof.

�� (8)(a) �Gray water� means shower and bath waste water, bathroom sink waste water, kitchen sink waste water and laundry waste water.

�� (b) �Gray water� does not mean toilet or garbage wastes or waste water contaminated by soiled diapers.

�� (9) �Local unit of government� means any county or municipality.

�� (10) �Nonwater-carried sewage disposal facility� includes, but is not limited to, pit privies, vault privies and chemical toilets.

�� (11) �Public health hazard� means a condition whereby there are sufficient types and amounts of biological, chemical or physical, including radiological, agents relating to water or sewage which are likely to cause human illness, disorders or disability. These include, but are not limited to, pathogenic viruses, bacteria, parasites, toxic chemicals and radioactive isotopes.

�� (12) �Septic tank� means a watertight receptacle which receives the discharge of sewage from a sanitary drainage system and which is so designed and constructed as to separate solids from liquids, digest organic matter during a period of detention and allow the liquids to discharge to another treatment unit or into the soil outside of the tank through an absorption facility.

�� (13) �Sewage� means domestic water-carried human and animal wastes, including kitchen, bath and laundry wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration, surface waters or industrial waste as may be present.

�� (14) �Sewage disposal service� means:

�� (a) The construction of subsurface sewage disposal systems, alternative sewage disposal systems or any part thereof.

�� (b) The pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities.

�� (c) The disposal of materials derived from the pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities.

�� (d) Grading, excavating and earthmoving work connected with the operations described in paragraph (a) of this subsection.

�� (15) �Subsurface sewage disposal system� means a cesspool or the combination of a septic tank or other treatment unit and effluent sewer and absorption facility.

�� (16) �Zone of aeration� means the unsaturated zone that occurs below the ground surface and the point at which the upper limit of the water table exists. [1973 c.835 �208; 1975 c.167 �1; 1977 c.828 �1; 1991 c.598 �3; 1999 c.551 �3; 2009 c.248 �3; 2023 c.371 �1]

�� 454.607 Policy. It is the public policy of the State of Oregon to encourage:

�� (1) Improvements to, maintenance of and innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state; and

�� (2) The appropriate reuse of gray water for beneficial uses. [1999 c.551 �2; 2009 c.248 �2]

�� 454.610 Regulation of gray water discharge; permit; rules. (1) A person may not construct, install or operate a gray water reuse and disposal system without first obtaining a permit from the Department of Environmental Quality. A gray water reuse and disposal system for which a permit has been issued under this section is exempt from the requirements of ORS 454.655. The Environmental Quality Commission shall adopt rules for permits issued under this section. In adopting the rules, the commission shall:

�� (a) Consider the recommendations of an advisory committee appointed by the department pursuant to ORS 183.333;

�� (b) Minimize the burden of permit requirements on property owners; and

�� (c) Prescribe requirements that allow for separate systems for the treatment, disposal or reuse of gray water. These requirements must ensure the protection of:

�� (A) Public health, safety and welfare;

�� (B) Public water supplies; and

�� (C) Waters of the state, as that term is defined in ORS 468B.005.

�� (2) Subject to ORS 454.645, the rules adopted by the commission under this section may not prohibit the discharge of gray water if:

�� (a) Soil and site conditions for such gray water conform to the rules of the department regarding standard subsurface sewage disposal systems or alternative sewage disposal systems, except that such systems may use two-thirds the normal size surface area for a drainfield and shall be preceded by a treatment facility such as, but not limited to, a septic tank; or

�� (b) Such gray water is discharged into an existing subsurface sewage disposal system or alternative sewage disposal system that is functioning satisfactorily, or a public sewage system that serves the dwelling from which such gray water is derived. [1977 c.523 �6; 1999 c.551 �4; 2001 c.104 �194; 2009 c.248 �4]

�� 454.615 Rules for sewage disposal systems and disposal facilities. The Environmental Quality Commission shall adopt rules that:

�� (1) Prescribe minimum requirements for the design and construction of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof including grading, excavating and earthmoving work connected therewith, and allow for use of alternative systems and component materials consistent with the minimum requirements. Requirements prescribed under this section may vary in different areas or regions of the state.

�� (2) Prescribe minimum requirements for the operation and maintenance of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof.

�� (3) Prescribe requirements for the pumping out or cleaning of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof, for the disposal of material derived from such pumping out or cleaning, for sewage pumping equipment, for sewage tank trucks and for the identification of sewage tank trucks and workers. [1973 c.835 �209; 1975 c.167 �2; 2009 c.248 �5]

�� 454.620 Rules for connecting accessory dwelling unit to sewage disposal system. The Environmental Quality Commission shall adopt rules setting forth the conditions for approving a proposal to permanently connect an accessory dwelling unit located on the same lot or parcel as a single-family dwelling to the same subsurface sewage disposal system or alternative sewage disposal system as the single-family dwelling. [2023 c.371 �3]

�� 454.625 Rules. In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules as it considers necessary for the purpose of carrying out ORS

ORS 454.635

454.635 (3), must be reasonable and take into account any resources or technical assistance available to the property owner.

�� (5) The department may not impose a civil penalty for a violation of any rule adopted under ORS 454.625 as a result of an inspection carried out under this section unless:

�� (a) The period for remedying the violation provided in the order described in ORS 454.635 (3) has lapsed; and

�� (b) Notice of the violation complied with ORS 454.635 and subsection (4) of this section.

�� (6) The department shall grant an extension of the time for the person receiving the notice to take remedial action if the following conditions are met:

�� (a) The person against which the civil penalty would be issued meets the definition of a low income household as defined in ORS 456.270; and

�� (b) The person is eligible for and has applied for financial assistance to remedy the violation and:

�� (A) The application was denied due to lack of available funds or resources; or

�� (B) The application is pending and may be approved. [2025 c.605 �19]

�� 454.655 Permit required for construction; application; rules; time limit; special application procedure for septic tank installation on parcel of 10 acres or more. (1) Except as otherwise provided in ORS 454.675, without first obtaining a permit from the Department of Environmental Quality, no person shall construct or install a subsurface sewage disposal system, alternative sewage disposal system or part thereof. However, a person may undertake emergency repairs limited to replacing minor broken components of the system without first obtaining a permit.

�� (2) A permit required by subsection (1) of this section shall be issued only in the name of an owner or contract purchaser in possession of the land. However, a permit issued to an owner or contract purchaser carries the condition that the owner or purchaser or regular employees or a person licensed under ORS 454.695 perform all labor in connection with the construction of the subsurface or alternative sewage disposal system.

�� (3) The applications for a permit required by this section must be accompanied by the permit fees prescribed in ORS 454.745.

�� (4)(a) After receipt of an application and all requisite fees, subject to ORS 454.685, the department shall issue a permit if it finds that the proposed construction will be in accordance with the rules of the Environmental Quality Commission. A permit may not be issued if a community or area-wide sewerage system is available which will satisfactorily accommodate the proposed sewage discharge. The prohibition on the issuance of a permit in this subsection does not apply to a public agency as defined in ORS 454.430.

�� (b) The commission may adopt rules for determining whether a community or area-wide sewerage system is available, including consideration of:

�� (A) The legal availability and physical availability of a sewerage system;

�� (B) The scope and magnitude of the proposed repairs to an existing subsurface sewage disposal system or alternative sewage disposal system;

�� (C) The cost of repairs to an existing subsurface sewage disposal system or alternative sewage disposal system compared to the cost of connecting to a sewerage system;

�� (D) Statewide planning goals; and

�� (E) Environmental and public health concerns associated with the proximity of seepage pits, cesspools or drainfields to wells or waters of this state.

�� (5)(a) Unless weather conditions or distance and unavailability of transportation prevent the issuance of a permit within 20 days of the receipt of the application and fees by the department, the department shall issue or deny the permit within 20 days after such date. If such conditions prevent issuance or denial within 20 days, the department shall notify the applicant in writing of the reason for the delay and shall issue or deny the permit within 60 days after such notification.

�� (b) If within 20 days of the date of the application the department fails to issue or deny the permit or to give notice of conditions preventing such issuance or denial, the permit shall be considered to have been issued.

�� (c) If within 60 days of the date of the notification referred to in paragraph (a) of this subsection, the department fails to issue or deny the permit, the permit shall be considered to have been issued.

�� (6) Upon request of any person, the department may issue a report, described in ORS 454.755 (1), of evaluation of site suitability for installation of a subsurface or alternative sewage disposal system or nonwater-carried sewage disposal facility. The application for such report must be accompanied by the fees prescribed in ORS 454.755.

�� (7) With respect to an application for a permit for the construction and installation of a septic tank and necessary effluent sewer and absorption facility for a single family residence or for a farm related activity on a parcel of 10 acres or more described in the application by the owner or contract purchaser of the parcel, the Department of Environmental Quality:

�� (a) Within the period allowed by subsection (5)(a) of this section after receipt by it of the application, shall issue the permit or deliver to the applicant a notice of intent to deny the issuance of the permit;

�� (b) In any notice of intent to deny an application, shall specify the reasons for the intended denial based upon the rules of the Environmental Quality Commission for the construction and installation of a septic tank and necessary effluent sewer and absorption facility or based upon the factors included in ORS 454.685 (2)(a) to (j);

�� (c) Upon request of the applicant, shall conduct a hearing in the manner provided in ORS 454.635 (4) and (5) on the reasons specified in a notice of intent to deny the application with the burden of proof upon the department to justify the reasons specified; and

�� (d) In the case of issuance of a permit, may include as a condition of the permit that no other permit for a subsurface sewage disposal system or alternative sewage disposal system shall be issued for use on the described parcel while the approved septic tank, effluent sewer and absorption facility are in use on the described parcel. [1973 c.835 �213; 1974 c.30 �2; 1975 c.167 �5; 1975 c.794 �1; 1999 c.551 �6; 2001 c.557 �6; 2023 c.467 �1]

(Temporary provisions relating to certain dwellings destroyed by wildfire)

�� Note: Sections 3 to 5, chapter 217, Oregon Laws 2021, provide:

�� Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 454.605 to 454.755. [2021 c.217 �3]

�� Sec. 4. (1) Notwithstanding ORS 454.655 (4), the Department of Environmental Quality shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to availability of a community or area-wide sewerage system.

�� (2) Notwithstanding ORS 197.180, the department shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to whether a local government has issued a land use compatibility statement for the dwelling.

�� (3) The department shall approve a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act if:

�� (a) A subsurface sewage disposal system served the dwelling on July 30, 2020; and

�� (b) Issuance of the permit and operation of the system would not result in pollution of surface waters of the state or result in pollution of ground water that would threaten public health or other beneficial uses of ground water.

�� (4) This section does not apply to a permit for a dwelling for which the owner received financial assistance from the state or federal government for the repair or replacement of the subsurface sewage disposal system.

�� (5) This section does not affect the authority of the department or the Environmental Quality Commission to grant a variance or an exemption for a subsurface sewage disposal system for a dwelling or other use. [2021 c.217 �4]

�� Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 �5]

�� 454.657 Variance from subsurface sewage disposal system rules or standards; conditions; hearing. (1) After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 specific variances from the particular requirements of any rule or standard pertaining to subsurface sewage disposal systems for such period of time and upon such conditions as it may consider necessary to protect the public health and welfare and to protect the waters of the state, as defined in ORS 468B.005. The commission shall grant such specific variance only where after hearing it finds that strict compliance with the rule or standard is inappropriate for cause or because special physical conditions render strict compliance unreasonable, burdensome or impractical.

�� (2) The commission shall adopt rules for granting variances from rules or standards pertaining to subsurface sewage disposal systems in cases of extreme and unusual hardship. The rules shall provide for consideration of the following factors in reviewing applications for variances due to hardship:

�� (a) Advanced age or bad health of applicants;

�� (b) Relative insignificance of the environmental impact of granting a variance; and

�� (c) The need of applicants to care for relatives who are aged or incapacitated or have disabilities.

�� (3) The department shall strive to aid and accommodate the needs of applicants for variances due to hardship.

�� (4) Variances granted due to hardship may contain conditions such as permits for the life of the applicant, limiting the number of permanent residents using a subsurface sewage disposal system and use of experimental systems for specified periods of time. [1975 c.309 �2; 1979 c.591 �4; 2007 c.70 �256]

�� 454.660 Delegation of variance powers; appeal; qualification of officers; hearing and decision. (1) The Environmental Quality Commission shall delegate on such general conditions as it may find appropriate the power to grant variances to special variance officers appointed by the Director of the Department of Environmental Quality. Decisions of the variance officers to grant variances may be appealed to the Environmental Quality Commission.

�� (2) Variance officers appointed under this section shall be persons qualified in soil sciences and possessing knowledge of and experience in subsurface sewage disposal methods.

�� (3) Each request for a variance under ORS 454.657 shall be heard by the appropriate variance officer in the county within which the parcel of real property described in the variance request is located.

�� (4) Each request for a variance shall be heard by the appropriate variance officer within 30 days after the date on which a completed application for a variance has been received by the Department of Environmental Quality. A decision shall be made by the variance officer within 45 days after completion of the hearing on the variance request. [1975 c.309 �3]

�� 454.662 Variance fee; low income elderly exemption. (1) Except as provided in subsection (2) of this section, each application for a variance submitted pursuant to ORS 454.657 must be accompanied by a fee, the amount of which shall be determined by a fee structure adopted by the Environmental Quality Commission as described in ORS

ORS 459A.665

459A.665. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665:

�� (1) �Affected person� means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.

�� (2) �Board of county commissioners� or �board� includes a county court.

�� (3) �Collection service� means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.

�� (4) �Commercial� means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.

�� (5) �Commission� means the Environmental Quality Commission.

�� (6) �Compost� means the controlled biological decomposition of organic material or the product resulting from such a process.

�� (7) �Department� means the Department of Environmental Quality.

�� (8)(a) �Disposal site� means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

�� (b) �Disposal site� does not include:

�� (A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;

�� (B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;

�� (C) A site used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or

�� (D) A site operated by a dismantler issued a certificate under ORS 822.110.

�� (9) �Energy recovery� means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

�� (10) �Franchise� includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

�� (11) �Hazardous waste� has the meaning given that term in ORS 466.005.

�� (12) �Household hazardous waste� means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. �Household hazardous waste� may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.

�� (13) �Land disposal site� means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

�� (14) �Landfill� means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

�� (15) �Local government unit� means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to

ORS 468.423

468.423, for waste water pollution control, reduction or abatement as described in ORS 468.429.

�� (2) The use of lottery bond proceeds is authorized upon the following findings:

�� (a) Financial assistance for public agency waste water pollution control, reduction or abatement activities will result in additional wastewater treatment capacity in Oregon.

�� (b) Wastewater treatment capacity comprises a portion of the physical foundation for industrial and commercial activities and provides a portion of the basic framework for continued and expanded economic opportunities throughout Oregon.

�� (c) Such financial assistance will therefore further economic development within this state, making the use of net proceeds derived from the operation of the Oregon State Lottery to pay debt service on lottery bonds issued under this section to provide financial assistance to public agencies for wastewater pollution control, reduction or abatement activities an authorized use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510.

�� (3) The aggregate principal amount of lottery bonds issued pursuant to this section to provide financial assistance for public agency waste water pollution control, reduction or abatement activities shall not exceed $8 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds authorized by this section shall be issued only at the request of the Director of the Department of Environmental Quality.

�� (4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Water Pollution Control Revolving Fund established by ORS 468.427.

�� (5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. [2001 c.942 �3]

�� Note: 468.428 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 468.429 Uses of revolving fund. (1) The Department of Environmental Quality shall use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance:

�� (a) To public agencies for the construction or replacement of treatment works.

�� (b) To qualified institutions to finance projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems with connections to an available sewer.

�� (c) For the implementation of a management program established under section 319 of the federal Water Quality Act of 1986 relating to the management and prevention of nonpoint sources of pollution.

�� (d) For development and implementation of a conservation and management plan under section 320 of the federal Water Quality Act of 1986 relating to the national estuary program.

�� (2) The department may also use the moneys in the Water Pollution Control Revolving Fund for the following purposes:

�� (a) To buy or refinance the debt obligations of public agencies for eligible projects as listed under subsection (1) of this section, if the debt obligation was incurred after March 7, 1985.

�� (b) To guarantee, or purchase insurance for, public agency obligations for treatment works� construction or replacement if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public agency for this purpose.

�� (c) To pay the expenses of the department in administering the Water Pollution Control Revolving Fund, to make transfers to the Water Pollution Control Administration Fund, or to pay other departmental costs including expenses of the program described in ORS 468.433 (2).

�� (3) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall transfer from the Water Pollution Control Revolving Fund to the Pollution Control Sinking Fund amounts sufficient to pay the bonds that funded the advance. [1987 c.648 �4; 1993 c.411 �7; 1995 c.79 �279; 2015 c.626 �1; 2019 c.558 �3; 2023 c.56 �3]

�� 468.430 [1983 c.218 �1; repealed by 1985 c.222 �6]

�� 468.431 Water Pollution Control Administration Fund; sources; uses. (1) The Water Pollution Control Administration Fund is established separate and distinct from the General Fund in the State Treasury. Moneys in the Water Pollution Control Administration Fund are appropriated continuously to the Department of Environmental Quality to be used for the payment of costs of administering the Water Pollution Control Revolving Fund, including all costs of staffing for the program described in ORS 468.433 (2) and all costs of making loans from the Water Pollution Control Revolving Fund and collecting loan payments.

�� (2) The Water Pollution Control Administration Fund shall consist of:

�� (a) Any administrative fee levied by the department in conjunction with administration of the Water Pollution Control Revolving Fund.

�� (b) Any transfers to the Water Pollution Control Administration Fund from the Water Pollution Control Revolving Fund.

�� (c) Any loans made from the Water Pollution Control Revolving Fund.

�� (d) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of administering the Water Pollution Control Revolving Fund.

�� (3) The State Treasurer may invest and reinvest moneys in the Water Pollution Control Administration Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Water Pollution Control Administration Fund. [1993 c.411 �2; 1995 c.79 �280]

�� 468.433 Duties of department; loan program. (1) In administering the Water Pollution Control Revolving Fund, the Department of Environmental Quality shall:

�� (a) Allocate funds for loans in accordance with procedures adopted by rule by the Environmental Quality Commission.

�� (b) Use accounting, audit and fiscal procedures that conform to generally accepted government accounting standards.

�� (c) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants.

�� (d) Seek to maximize the ability of the Water Pollution Control Revolving Fund to operate on a self-sustaining basis and maintain a perpetual source of treatment works financing.

�� (2) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall develop and administer a program designed to loan amounts in the Water Pollution Control Revolving Fund to public agencies and qualified institutions, so the loan repayments are sufficient to pay the bonds that funded the advance, and to further the policies established in ORS 468.425. In connection with the program, the department may:

�� (a) Establish one or more accounts in the Water Pollution Control Revolving Fund, make covenants for the benefit of bondowners regarding the deposit of amounts into those accounts and the use of amounts in those accounts and pledge or reserve all or a portion of the amounts in the Water Pollution Control Revolving Fund to pay bonds issued to fund advances to the Water Pollution Control Revolving Fund under ORS 468.220 (1).

�� (b) Establish requirements for loans made from the Water Pollution Control Revolving Fund to assure that:

�� (A) Adequate funds are available in the Water Pollution Control Revolving Fund to permit payment of bonds that funded advances to the Water Pollution Control Revolving Fund; and

�� (B) Adequate funds will be available in the Water Pollution Control Administration Fund to pay for costs of the program and costs of operating the Water Pollution Control Revolving Fund.

�� (c) Exercise any remedies available to the department in connection with defaults on loans of advanced funds to public agencies or qualified institutions.

�� (d) Take any other action reasonably necessary to develop the program and provide for the payment of bonds issued to fund advances to the Water Pollution Control Revolving Fund.

�� (3) The department may make loans to finance treatment works that are funded in part from advances or grants to the Water Pollution Control Revolving Fund, and in part from funds available under ORS 468.220 (1). These loans may have a blended interest rate that reflects their different sources of funding, and repayments of these loans may be allocated proportionally between the Water Pollution Control Revolving Fund and the Pollution Control Sinking Fund. [1987 c.648 �5; 1993 c.411 �8; 1995 c.79 �281; 2019 c.558 �4]

�� 468.435 [1983 c.218 �2; repealed by 1985 c.222 �6]

�� 468.437 Loan applications; eligibility; repayment; default remedy. (1) Any public agency or qualified institution desiring a loan from the Water Pollution Control Revolving Fund shall submit an application to the Department of Environmental Quality on the form provided by the department. The department may require an opinion from the department�s bond counsel or other counsel that the applicant has the legal authority to borrow from the Water Pollution Control Revolving Fund. If a public agency relies on borrowing authority granted by charter or law other than ORS 468.439, then with the consent of the department and notwithstanding any limitation or requirement of the charter or law, the public agency may borrow directly from the Water Pollution Control Revolving Fund by issuing revenue bonds to the department. The requirements of ORS 287A.150 do not apply to revenue bonds that are sold to the department pursuant to this section.

�� (2) Any public agency or qualified institution receiving a loan from the Water Pollution Control Revolving Fund shall establish and maintain a dedicated source of revenue or other acceptable source of revenue for the repayment of the loan.

�� (3) If a public agency or qualified institution defaults on payments due to the Water Pollution Control Revolving Fund, the state may withhold any amounts otherwise due to the public agency or qualified institution and direct that such funds be applied to the payments and deposited into the fund. If the department finds that the loan to the public agency or qualified institution is otherwise adequately secured, the department may waive this right in the loan agreement or other loan documentation. [1987 c.648 �6; 1989 c.560 �3; 2007 c.783 �205; 2019 c.558 �5]

�� 468.439 Borrowing authority of public agency. Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may:

�� (1) Borrow money from the Water Pollution Control Revolving Fund through the Department of Environmental Quality;

�� (2) Enter into loan agreements and make related agreements with the department in which the public agency agrees to repay the borrowed money in accordance with the terms of the loan agreement;

�� (3) Covenant with the department regarding the operation of treatment works and the imposition and collection of rates, fees and charges for the treatment works;

�� (4) Pledge all or part of the revenues of the treatment works to pay the amount due under the loan agreement and notes in accordance with ORS chapter 287A; and

�� (5) Provide any additional security and exercise any powers permitted to an issuer of revenue bonds under ORS chapter 287A. [1989 c.560 �2; 1993 c.411 �9; 2007 c.783 �206]

�� 468.440 Loan terms and interest rates; considerations; rules. (1) The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that ensure that the objectives of ORS 468.423 to 468.440 are met and that adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In establishing the policy, the commission shall take into consideration at least the following factors:

�� (a) The capability of the project to enhance or protect water quality.

�� (b) The ability of a public agency or qualified institution to repay a loan.

�� (c) Current market rates of interest.

�� (d) The size of the community or district to be served by the treatment works.

�� (e) The type of project financed.

�� (f) The ability of the applicant to borrow elsewhere.

�� (g) Whether advances have been made to the Water Pollution Control Revolving Fund from the Pollution Control Fund that must be repaid to the Pollution Control Sinking Fund.

�� (2) The commission may establish an interest rate ranging from zero to the market rate. The commission may establish the loan term, provided that the loans must be fully amortized not later than 30 years after project completion.

�� (3) The commission shall adopt by rule any procedures or standards necessary to carry out the provisions of ORS 468.423 to 468.440. [1987 c.648 �7; 1993 c.411 �10; 1995 c.79 �282; 2005 c.137 �1; 2015 c.626 �2; 2019 c.558 �6]

ZERO-EMISSION AND ELECTRIC VEHICLES

(Zero-Emission and Electric Vehicle Rebates)

�� 468.442 Definitions. As used in ORS 468.442 to 468.449:

�� (1) �Light-duty zero-emission vehicle� means a motor vehicle that:

�� (a) Has a gross vehicle weight rating of 8,500 pounds or less;

�� (b) Is capable of attaining a speed of 55 miles per hour or more; and

�� (c) Is powered:

�� (A) Primarily by an electric battery and may or may not use a flywheel energy storage device or a capacitor that also stores energy to assist in vehicle operation.

�� (B) By polymer electrolyte membrane fuel cells or proton exchange membrane fuel cells that use hydrogen fuel and oxygen from the air to produce electricity.

�� (C) Primarily by a zero-emission energy storage device that provides enough power for the vehicle to travel 75 miles or more using only electricity and may or may not use a backup alternative power unit that does not operate until the energy storage device is fully depleted.

�� (2) �Motor vehicle� has the meaning given that term in ORS 801.360.

�� (3) �Neighborhood electric vehicle� means a low-speed vehicle that:

�� (a) Is powered using an electric battery;

�� (b) Has a gross vehicle weight not exceeding 3,000 pounds; and

�� (c) Has at least four wheels.

�� (4) �Person� means a person as defined in ORS 174.100 or a public body as defined in ORS

ORS 468.901

468.901); 1989 c.926 �41; 1989 c.1071 ��20,25; repealed by 1991 c.863 �11 (466.706 enacted in lieu of 466.705)]

OIL STORAGE TANKS

(General Provisions)

�� 466.706 Definitions for ORS 466.706 to 466.882 and 466.994. As used in ORS 466.706 to 466.882 and 466.994:

�� (1) �Commercial lending institution� means any financial institution or trust company, as those terms are defined in ORS 706.008, or any cooperative financial institution regulated by an agency of the federal government or this state.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Corrective action� means remedial action taken to protect the present or future public health, safety, welfare or the environment from a release of a regulated substance. �Corrective action� includes but is not limited to:

�� (a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of a regulated substance; or

�� (b) Transportation, storage, treatment or disposal of a regulated substance or contaminated material from a site.

�� (4) �Decommission� means to remove from operation an underground storage tank, including temporary or permanent removal from operation, abandonment in place or removal from the ground.

�� (5) �Department� means the Department of Environmental Quality.

�� (6) �Facility� means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site.

�� (7) �Fee� means a fixed charge or service charge.

�� (8) �Guarantor� means any person other than the permittee who by guaranty, insurance, letter of credit or other acceptable device, provides financial responsibility for an underground storage tank as required under ORS 466.815.

�� (9) �Heating oil tank� means an aboveground or underground tank and pipes connected to the tank that contain heating oil for heating a building with human habitation or water heating not used for commercial processing.

�� (10) �Heating oil tank service� means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from a heating oil tank.

�� (11) �Investigation� means monitoring, surveying, testing or other information gathering.

�� (12) �Local unit of government� means a city, county, special service district, metropolitan service district created under ORS chapter 268 or a political subdivision of the state.

�� (13) �Oil� means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

�� (14) �Owner� means the owner of an underground storage tank.

�� (15) �Permittee� means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or maintenance of an underground storage tank under a permit issued pursuant to ORS 466.760.

�� (16) �Person� means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity or the federal government or any agency of the federal government.

�� (17) �Regulated substance� means:

�� (a) Any substance listed by the United States Environmental Protection Agency in 40 C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (P.L. 96-510 and P.L. 98-80), but not including any substance regulated as a hazardous waste under 40 C.F.R. part 261 and OAR 340 Division 101;

�� (b) Oil; or

�� (c) Any other substance designated by the commission under ORS 466.630.

�� (18) �Release� means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.

�� (19) �Stage I vapor collection system� means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.

�� (20) �Stage II vapor collection system� means a system where at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.

�� (21) �Underground storage tank� means any one or combination of tanks and underground pipes connected to the tank, used to contain an accumulation of a regulated substance, and the volume of which, including the volume of the underground pipes connected to the tank, is 10 percent or more beneath the surface of the ground.

�� (22) �Waters of the state� has the meaning given that term in ORS 468B.005. [1991 c.863 �12 (enacted in lieu of 466.705); 1997 c.631 �479; 1999 c.880 �10; 1999 c.979 �8]

�� 466.710 Application of ORS 466.706 to 466.882 and 466.994. ORS 466.706 to 466.882 and 466.994 shall not apply to a:

�� (1) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

�� (2) Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil for consumptive use on the premises where stored.

�� (3) Septic tank.

�� (4) Pipeline facility including gathering lines regulated:

�� (a) Under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671);

�� (b) Under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2001); or

�� (c) As an intrastate pipeline facility under state laws comparable to the provisions of law referred to in paragraph (a) or (b) of this subsection.

�� (5) Surface impoundment, pit, pond or lagoon.

�� (6) Storm water or waste water collection system.

�� (7) Flow-through process tank.

�� (8) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

�� (9) Storage tank situated in an underground area if the storage tank is situated upon or above the surface of a floor. As used in this subsection, �underground area� includes but is not limited to a basement, cellar, mine, drift, shaft or tunnel.

�� (10) Pipe connected to any tank described in subsections (1) to (8) of this section. [Formerly

ORS 468A.005

468A.005;

�� (C) The substantial reduction or elimination of or redesign to eliminate noise pollution or noise emission sources as defined by rule of the Environmental Quality Commission;

�� (D) The use of a material recovery process which obtains useful material from material that would otherwise be solid waste as defined in ORS 459.005, hazardous waste as defined in ORS 466.005, or used oil as defined in ORS 459A.555; or

�� (E) The treatment, substantial reduction or elimination of or redesign to treat, substantially reduce or eliminate hazardous waste as defined in ORS 466.005.

�� (2)(a) As used in ORS 468.155 to 468.190, �pollution control facility� or �facility� includes a nonpoint source pollution control facility.

�� (b) As used in this subsection, �nonpoint source pollution control facility� means a facility that the Environmental Quality Commission has identified by rule as reducing or controlling significant amounts of nonpoint source pollution.

�� (3) As used in ORS 468.155 to 468.190, �pollution control facility� or �facility� does not include:

�� (a) Air conditioners;

�� (b) Septic tanks or other facilities for human waste;

�� (c) Property installed, constructed or used for moving sewage to the collecting facilities of a public or quasi-public sewerage system;

�� (d) Any distinct portion of a pollution control facility that makes an insignificant contribution to the principal or sole purpose of the facility including the following specific items:

�� (A) Office buildings and furnishings;

�� (B) Parking lots and road improvements;

�� (C) Landscaping;

�� (D) External lighting;

�� (E) Company or related signs; and

�� (F) Automobiles;

�� (e) Replacement or reconstruction of all or a part of any facility for which a pollution control facility certificate has previously been issued under ORS 468.170, except:

�� (A) If the cost to replace or reconstruct the facility is greater than the like-for-like replacement cost of the original facility due to a requirement imposed by the department, the federal Environmental Protection Agency or a regional air pollution authority, then the facility may be eligible for tax credit certification up to an amount equal to the difference between the cost of the new facility and the like-for-like replacement cost of the original facility; or

�� (B) If a facility is replaced or reconstructed before the end of its useful life then the facility may be eligible for the remainder of the tax credit certified to the original facility;

�� (f) Asbestos abatement; or

�� (g) Property installed, constructed or used for cleanup of emergency spills or unauthorized releases, as defined by the commission. [Formerly 449.605; 1975 c.496 �1; 1977 c.795 �1; 1979 c.802 �1; 1983 c.637 �1; 1987 c.596 �4; 1989 c.802 �4; 1999 c.826 �1]

�� 468.160 Policy. In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in this state by providing tax relief with respect to Oregon facilities constructed to accomplish such prevention, control and reduction. [Formerly 449.615; 1975 c.496 �2; 1977 c.795 �2; 1979 c.802 �2]

�� 468.163 Commencement of construction or installation of facility. For purposes of ORS 468.155 to

ORS 468A.455

468A.455 in 1991]

FINANCING TREATMENT WORKS

�� 468.423 Definitions for ORS 468.423 to 468.440. As used in ORS 468.423 to 468.440:

�� (1) �Available sewer� has the meaning given that term in ORS 454.779.

�� (2) �Fund� means the Water Pollution Control Revolving Fund established under ORS 468.427.

�� (3) �On-site septic system� has the meaning given that term in ORS 454.779.

�� (4) �Public agency� means:

�� (a) A state agency, incorporated city, county, sanitary authority, federally recognized Indian tribal government, school district, county service district, sanitary district, metropolitan service district or other special district; or

�� (b) An intergovernmental entity created by units of local government under ORS 190.003 to 190.130.

�� (5) �Qualified institution� means a nonprofit organization registered to operate in the State of Oregon that is certified as a community development financial institution by the Community Development Financial Institution Fund at the United States Department of the Treasury.

�� (6) �Treatment works� means:

�� (a) The devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works. �Treatment works� includes:

�� (A) Intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and any appurtenance, extension, improvement, remodeling, addition or alteration to the equipment;

�� (B) Elements essential to provide a reliable recycled water supply including standby treatment units and clear well facilities; and

�� (C) Any other acquisitions that will be an integral part of the treatment process or used for ultimate disposal of residues resulting from such treatment, including but not limited to land used to store treated waste water in land treatment systems prior to land application.

�� (b) Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, storm water or nonpoint source related runoff, industrial waste or waste in combined storm water and sanitary sewer systems.

�� (c) Any other facility that the Environmental Quality Commission determines a public agency must construct or replace in order to abate or prevent surface or ground water pollution. [1987 c.648 �1; 1995 c.79 �278; 1995 c.98 �1; 2007 c.783 �232a; 2010 c.21 �5; 2019 c.558 �1; 2023 c.56 �1]

�� 468.425 Policy. It is declared to be the policy of this state:

�� (1) To aid and encourage public agencies with authority to provide treatment works for the control of water pollution, or responsibility for implementing a nonpoint source management plan pursuant to the nonpoint source management program described in ORS 468.429, in the transition from reliance on federal grants to local self-sufficiency by the use of fees paid by users of the treatment works;

�� (2) To aid and encourage qualified institutions to assist in the protection or maintenance of water quality in the waters of this state by financing projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems with connections to an available sewer;

�� (3) To accept and use any federal grant funds available to capitalize a perpetual revolving loan fund; and

�� (4) To assist public agencies in meeting treatment works� construction obligations in order to prevent or eliminate pollution of surface and ground water by making loans from a revolving loan fund at interest rates that are less than or equal to market interest rates. [1987 c.648 �2; 2019 c.558 �2; 2023 c.56 �2]

�� 468.427 Water Pollution Control Revolving Fund; sources. (1) The Water Pollution Control Revolving Fund is established separate and distinct from the General Fund in the State Treasury. The moneys in the Water Pollution Control Revolving Fund are appropriated continuously to the Department of Environmental Quality to be used for the purposes described in ORS 468.429.

�� (2) The Water Pollution Control Revolving Fund shall consist of:

�� (a) All capitalization grants provided by the federal government under the federal Water Quality Act of 1987 (Public Law 100-4);

�� (b) All state matching funds appropriated or authorized by the legislature;

�� (c) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects;

�� (d) All repayments of moneys borrowed from the fund;

�� (e) All interest payments made by borrowers from the fund; and

�� (f) Amounts granted or advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1).

�� (3) The State Treasurer may invest and reinvest moneys in the Water Pollution Control Revolving Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Water Pollution Control Revolving Fund. [1987 c.648 �3; 1993 c.411 �6]

�� 468.428 Lottery bonds. (1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to provide loans and other financial assistance to public agencies, as defined in ORS

ORS 684.107

684.107, it is unlawful for any person to practice chiropractic in this state unless the person first obtains and maintains an active license, as provided in this chapter.

�� (2) Subsection (1) of this section shall not apply to a student of chiropractic engaging in clinical studies during the period of the student�s enrollment in an institution authorized to confer a doctoral degree in chiropractic. The clinical studies may take place on the premises of the educational institution or in a clinical setting located off the premises of the institution if the facility, the institution staff and the course of study to be pursued off the premises of the educational institution meet minimum requirements for supervision and patient care prescribed by the rules of the State Board of Chiropractic Examiners and the clinical study is performed under the direct supervision of a member of the faculty of the institution. [Amended by 1991 c.892 �1; 1995 c.493 �2; 1995 c.499 �3; 2001 c.598 �1]

�� 684.023 [1975 c.492 �11; 1985 c.354 �3; repealed by 1987 c.726 �2]

�� 684.025 Application of chapter; rules. (1) This chapter does not prevent a person licensed under ORS 684.054 from the administration of the anesthetics or antiseptics authorized in ORS 684.010 or the use of radiopaque substances administered by mouth or rectum necessary for Roentgen diagnostic purposes.

�� (2) Neither this section nor ORS 684.010 authorizes the administration of any substance by the penetration of the skin or mucous membrane of the human body for a therapeutic purpose.

�� (3) This chapter does not prohibit a person licensed under ORS 684.054 from accepting a referral from a practitioner licensed under ORS chapter 686. The care rendered as a result of the referral must be in writing and in accordance with ORS 686.040 (4) and only as prescribed and diagnosed by a licensee under ORS chapter 686. The applicable standard of care is established under ORS chapter 686.

�� (4)(a) This chapter does not prevent a person licensed under ORS 684.054 from providing emergency first aid, including administering emergency oxygen.

�� (b) A person may not administer emergency oxygen unless the person has received training in the administration of oxygen. The State Board of Chiropractic Examiners shall adopt rules that establish training requirements.

�� (c) As used in this subsection, �emergency oxygen� means oxygen delivered at a minimum flow rate for a specified period of time as determined and regulated by the United States Food and Drug Administration. [Formerly 684.115; 1987 c.726 �4; 1997 c.264 �5; 2007 c.618 �2]

�� 684.030 Application of public health laws. Chiropractic physicians shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases, sign reports of live birth and death, and report all matters pertaining to public health to the proper health officers the same as other practitioners. [Amended by 2013 c.366 �78]

�� 684.035 Chapter not applicable to other methods of healing. Nothing in this chapter shall be construed to interfere with any other method or science of healing in this state. [Formerly 684.120]

LICENSING

�� 684.040 Application for license; qualifications; fees; rules. (1) A person applying for a license to practice chiropractic in this state shall apply to the State Board of Chiropractic Examiners on a form and in the manner prescribed by the board. The application must be accompanied by the following nonrefundable fees:

�� (a) An application fee in an amount established by the board by rule; and

�� (b) The fee for a criminal records check in the amount established by the board by rule under ORS

ORS 685.990

685.990�� Penalties

GENERAL PROVISIONS

�� 685.010 Definitions. As used in this chapter:

�� (1) �Accredited naturopathic school or college� means a naturopathic school or college that offers a four-year full-time resident program of study in naturopathy that:

�� (a) Leads to a doctoral degree in naturopathic medicine; and

�� (b) Is approved by the Oregon Board of Naturopathic Medicine to meet the standards specifically incorporated into board rules.

�� (2) �Drugs� includes:

�� (a) Substances recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia of the United States, other drug compendium or any supplement to any of them;

�� (b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in a human;

�� (c) Substances, other than food, intended to affect the structure or any function of the body of humans; and

�� (d) Substances intended for use as a component of any substance specified in paragraph (a), (b) or (c) of this subsection.

�� (3) �Minor surgery� means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith.

�� (4) �Naturopathic medicine� means the discipline that includes physiotherapy, natural healing processes and minor surgery and has as its objective the maintaining of the body in, or of restoring it to, a state of normal health.

�� (5) �Naturopathic physician� means a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under this chapter. [Amended by 1953 c.557 �4; 1985 c.624 �3; 1989 c.575 �1; 1989 c.945 �3; 1993 c.42 �1; 1999 c.512 �1; 2003 c.154 �1; 2007 c.434 �1; 2009 c.43 �11; 2009 c.420 �1; 2015 c.224 �3]

�� 685.020 License required to practice naturopathic medicine; use of certain titles and abbreviations; exceptions. (1) Except as provided in subsection (3) of this section, a person may not practice, attempt to practice, or claim to practice naturopathic medicine in this state without first complying with the provisions of this chapter.

�� (2) Only licensees under this chapter may use any or all of the following terms, consistent with academic degrees earned: �Doctor of Naturopathy� or its abbreviation, �N.D.,� �Naturopath� or �Naturopathic Physician.� However, none of these terms, or any combination of them, shall be so used as to convey the idea that the physician who uses them practices anything other than naturopathic medicine.

�� (3) Subsection (1) of this section does not apply to:

�� (a) A bona fide student of naturopathic medicine who, during the period of the student�s enrollment and as part of a doctoral course of study in an Oregon accredited naturopathic educational institution, engages in clinical training under the supervision of institution faculty, if the clinical training facility and level of supervision meet the standards adopted by the Oregon Board of Naturopathic Medicine by rule.

�� (b) A person authorized to practice under ORS 676.347. [Amended by 1997 c.560 �1; 2001 c.526 �1; 2009 c.43 �12; 2022 c.62 �8]

�� 685.030 Application of chapter. (1) This chapter does not apply to any:

�� (a) Physician licensed by the Oregon Medical Board to practice medicine or podiatry;

�� (b) Chiropractor licensed by the State Board of Chiropractic Examiners; or

�� (c) Christian Scientist or other person who by religious or spiritual means endeavors to prevent or cure disease or suffering in accord with the tenets of any church.

�� (2) This chapter does not authorize licensees to:

�� (a) Practice optometry or administer chiropractic adjustments;

�� (b) Practice any system or method of treatment not authorized in this chapter; or

�� (c) Do major surgery.

�� (3) A licensee under this chapter may perform health maintenance and restoration measures consistent with generally recognized and accepted principles of naturopathic medicine, including but not limited to:

�� (a) Administering, dispensing or writing prescriptions for drugs;

�� (b) Recommending the use of specific and appropriate over-the-counter pharmaceuticals;

�� (c) Administering anesthetics or antiseptics in connection with minor surgery as defined in ORS

ORS 688.010

688.010 to 688.201 and this section as an attending physician.

�� (4) �Drugs� means all medicines and preparations and all substances, except over-the-counter nonprescription substances, food, water and nutritional supplements taken orally, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of humans, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs.

�� (5) �Minor surgery� means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith. [Amended by 1953 c.541 �2; 1975 c.492 �1; 1987 c.726 �1; 1995 c.493 �1; 1997 c.264 �4; 2005 c.627 �17; 2007 c.618 �1; 2009 c.697 �9; 2009 c.756 �49]

�� 684.015 Prohibited practices. (1) Without first complying with the provisions of this chapter, no person shall:

�� (a) Practice or attempt to practice chiropractic.

�� (b) Buy, sell or fraudulently obtain a diploma or license to practice chiropractic, whether recorded or not.

�� (c) Use the title �Chiropractic,� �D.C.,� �Chiropractor,� �Chiropractic D.C.,� or �Ph.C.,� or any word or title to induce belief that the person is engaged in the practice of chiropractic.

�� (d) Place upon any door a sign for the purpose of displaying any of the titles mentioned in paragraph (c) of this subsection.

�� (2) The display of such titles or any of them fraudulently obtained is prima facie evidence that such person is fraudulently engaged in the practice of chiropractic and subject to this chapter.

�� (3) No person practicing under this chapter shall administer or write prescriptions for, or dispense drugs, practice optometry or naturopathic medicine or do major surgery. [Formerly 684.110]

�� 684.020 License required to practice chiropractic; exceptions. (1) Except as provided in ORS

ORS 90.710

90.710, any tenant prevented from exercising the rights in ORS 90.750 or 90.755 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred, and upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any bylaw, rental agreement, regulation or rule, pertaining to a facility, which operates to deprive the tenant of these rights. [Formerly 91.930]

(Landlord Rights and Obligations)

�� 90.725 Landlord or agent access to rented space; remedies. (1) As used in this section:

�� (a) �Emergency� includes but is not limited to:

�� (A) A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property.

�� (B) The presence of a hazard tree on a rented space in a manufactured dwelling park.

�� (b) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the space.

�� (c) �Yard maintenance, equipment servicing or grounds keeping� includes, but is not limited to, servicing individual septic tank systems or water pumps, weeding, mowing grass and pruning trees and shrubs.

�� (2) A landlord or a landlord�s agent may enter onto a rented space, not including the tenant�s manufactured dwelling or floating home or an accessory building or structure, to:

�� (a) Inspect the space;

�� (b) Make necessary or agreed repairs, decorations, alterations or improvements;

�� (c) Inspect or maintain trees;

�� (d) Supply necessary or agreed services;

�� (e) Perform agreed yard maintenance, equipment servicing or grounds keeping;

�� (f) Exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors; or

�� (g) Install or maintain a utility or service line or submeter under ORS 90.560 to 90.584.

�� (3) The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the rented space without consent of the tenant and without notice to the tenant for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord or landlord�s agent may enter the rented space without consent of the tenant, without notice to the tenant and at any time. If a landlord or landlord�s agent makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without consent of the tenant, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) If a written agreement requires the landlord to perform yard maintenance, equipment servicing or grounds keeping for the space:

�� (A) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the space, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (B) A tenant may deny consent for a landlord or landlord�s agent to enter upon the space pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (e) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent prior to, or at the time of, the attempt by the landlord or landlord�s agent to enter.

�� (f) Notwithstanding paragraph (e) of this subsection, a landlord or the landlord�s agent may enter a rented space solely to inspect a tree despite a denial of consent by the tenant if the landlord or the landlord�s agent has given at least 24 hours� actual notice of the intent to enter to inspect the tree and the entry occurs at a reasonable time.

�� (4) A landlord shall not abuse the right of access or use it to harass the tenant. A tenant shall not unreasonably withhold consent from the landlord to enter.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2);

�� (c) As permitted under ORS 90.580; or

�� (d) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a rented space, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord shall not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If a landlord has a report from an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture that a tree on the rented space is a hazard tree that must be maintained by the landlord as described in ORS 90.727, the landlord is not liable for any damage or injury as a result of the hazard tree if the landlord is unable to gain entry after a good faith effort in compliance with this section.

�� (8) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement pursuant to ORS 90.630 (1) and take possession in the manner provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (9) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.620 (1). In addition, the tenant may recover actual damages not less than an amount equal to one month�s rent. [1999 c.676 �2; 2005 c.619 �23; 2013 c.443 �6; 2019 c.625 �66]

�� 90.727 Maintenance of trees in rented spaces. (1) As used in this section:

�� (a) �Maintaining a tree� means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.

�� (b) �Removing a tree� includes:

�� (A) Felling and removing the tree; and

�� (B) Grinding or removing the stump of the tree.

�� (2) The landlord or tenant that is responsible for maintaining a tree must engage a landscape construction professional with a valid license issued pursuant to ORS 671.560 to maintain any tree with a DBH of eight inches or more.

�� (3) A landlord:

�� (a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree.

�� (b) May maintain a tree on the rented space to prevent the tree from becoming a hazard tree.

�� (c) Has discretion to decide whether the appropriate maintenance is removal or trimming of the hazard tree.

�� (d) Is not responsible for maintaining a tree that is not a hazard tree or for maintaining any tree for aesthetic purposes.

�� (4) In addition to complying with ORS 90.725, before entering a tenant�s space to inspect or maintain a tree, the landlord must provide the tenant with:

�� (a) Reasonable notice to inspect a tree.

�� (b) Reasonable written notice to maintain a tree and, except as necessary to avoid an imminent and serious harm to persons or property, a reasonable opportunity for the tenant to maintain the tree. The notice must specify any tree that the landlord intends to remove.

�� (5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant�s space in a manufactured dwelling park at the tenant�s expense. The tenant may retain an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture to inspect a tree on the tenant�s rented space at the tenant�s expense and if the arborist determines that the tree is a hazard, the tenant may:

�� (a) Require the landlord to maintain a tree that is the landlord�s responsibility under subsection (3) of this section; or

�� (b) Maintain the tree at the tenant�s expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist�s report.

�� (6) If a manufactured dwelling cannot be removed from a space without first removing or trimming a tree on the space, the owner of the manufactured dwelling may remove or trim the tree at the dwelling owner�s expense, after giving reasonable written notice to the landlord, for the purpose of removing the manufactured dwelling. [2013 c.443 �5; 2019 c.625 �35]

�� 90.729 Temporary movement of floating home; notice; costs paid by landlord. (1) A landlord may require a tenant in a marina to move the tenant�s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including:

�� (a) Moving another floating home within the marina;

�� (b) Repairing an adjacent floating home; or

�� (c) Dredging, repairing an adjacent dock or otherwise repairing or improving the marina.

�� (2) Before requiring the tenant to move, the landlord must give written notice to the tenant specifying the reason for the move, describing the parties� rights and obligations under subsections (4) to (6) of this section, the allowable dates for the move and the maximum duration of the move.

�� (3) The notice under subsection (2) of this section must be given:

�� (a) No less than 48 hours before the move if necessary to prevent the risk of serious and imminent harm to persons or property within the marina; or

�� (b) Thirty days before the move in all other cases.

�� (4) The landlord must:

�� (a) Move the floating home to another space in the marina that allows the tenant to continue to occupy the home.

�� (b) Return the floating home to its original space at the end of the relocation period.

�� (5) A landlord must pay:

�� (a) The costs to prepare the floating home for the move;

�� (b) The costs to move the floating home;

�� (c) The costs to prepare the floating home for its temporary location in the marina;

�� (d) If the relocation lasts more than 30 days, unless the floating home cannot be restored to its original space because weather or water conditions are unsafe, actual damages based on a decrease in value or quality of the temporary location;

�� (e) The costs to return the floating home to its original location in the original space; and

�� (f) The costs to repair any damage to the floating home or tenant�s personal property caused by the move or to replace the property.

�� (6) A landlord is required to make any payments due to the tenant under subsection (5) of this section within 30 days from the date the cost is incurred.

�� (7) If a tenant prohibits the landlord from moving the floating home under this section, a landlord may give notice to terminate the tenancy under ORS 90.630.

�� (8) If a landlord fails to comply with a provision of this section, a tenant is entitled to damages of one month�s rent or twice the tenant�s actual damages, whichever is greater. [2019 c.625 �33]

�� 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition. (1) As used in this section, �facility common areas� means all areas under control of the landlord and held out for the general use of tenants.

�� (2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition. The landlord does not have a duty to maintain a dwelling or home. A landlord�s habitability duty under this section includes only the matters described in subsections (3) to (6) of this section.

�� (3) For purposes of this section, a rented space is considered unhabitable if it substantially lacks:

�� (a) A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord;

�� (b) If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order;

�� (c) A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord;

�� (d) An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order and of sufficient amperage to meet reasonable year-round needs for electrical heating and cooling uses, to the extent that the electrical supply system can be controlled by the landlord;

�� (e) A natural gas or propane gas supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the gas supply system can be controlled by the landlord, if the utility service is provided within the facility pursuant to the rental agreement;

�� (f) At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Excluding the normal settling of land, a surface or ground capable of supporting a manufactured dwelling approved under applicable law at the time of installation and maintained to support a dwelling in a safe manner so that it is suitable for occupancy. A landlord�s duty to maintain the surface or ground arises when the landlord knows or should know of a condition regarding the surface or ground that makes the dwelling unsafe to occupy; and

�� (h) Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation.

�� (4) A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727.

�� (5) A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury.

�� (6) A facility common area is considered unhabitable if it substantially lacks:

�� (a) Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (b) Safety from the hazards of fire;

�� (c) Trees, shrubbery and grass maintained in a safe manner;

�� (d) If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord; and

�� (e) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal.

�� (7) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants on the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated. [1999 c.676 �6; 2007 c.906 �40; 2011 c.503 �10; 2013 c.443 �2; 2015 c.217 �7; 2022 c.86 �12]

�� 90.732 Landlord registration; registration fee. (1) Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The landlord shall file a registration and pay a registration fee for each facility owned or managed by the landlord. The registration shall consist of the following information:

�� (a) The name and business mailing address of the landlord and of any person authorized to manage the premises of the facility.

�� (b) The name of the facility.

�� (c) The physical address of the facility and, if different from the physical address, the mailing address.

�� (d) A telephone number of the facility.

�� (e) The total number of spaces in the facility.

�� (2) The landlord of a new facility shall register with the department no later than 60 days after the opening of the facility.

�� (3) The department shall send a written reminder notice to each landlord that holds a current registration under this section before the due date for the landlord to file a new registration. The department shall confirm receipt of a registration.

�� (4) Notwithstanding subsections (1) to (3) of this section, the department may provide for registration and confirmation of registration to be accomplished by electronic means instead of in writing.

�� (5) Moneys from registration fees described in subsection (1) of this section must be deposited in the Manufactured and Marina Communities Account. [2005 c.619 �2; 2007 c.906 �38; 2009 c.816 �10; 2015 c.217 �3; 2019 c.625 ��5,18]

�� 90.734 Manager or owner continuing education requirements. (1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required:

�� (a) If there is any manager or owner who lives in the facility, the person completing the continuing education must be a manager or owner who lives in the facility.

�� (b) If no manager or owner lives in the facility, the person completing the continuing education must be a manager who lives outside the facility or, if there is no manager, an owner of the facility.

�� (c) A manager or owner may satisfy the continuing education requirement for more than one facility that does not have a manager or owner who lives in the facility.

�� (2) If a person becomes the facility manager or owner who is responsible for completing continuing education, and the person does not have a current certificate of completion issued under subsection (3) of this section, the person shall complete the continuing education requirement by taking the next regularly scheduled continuing education class or by taking a continuing education class held within 75 days.

�� (3) The Housing and Community Services Department shall ensure that continuing education classes:

�� (a) Are offered at least once every six months;

�� (b) Are offered by a statewide nonprofit trade association in Oregon representing facility interests and approved by the department;

�� (c) Have at least one-half of the class instruction on one or more provisions of ORS chapter 90, ORS 105.100 to 105.168, fair housing law or other law relating to landlords and tenants;

�� (d) Provide a certificate of completion to all attendees; and

�� (e) Provide the department with the following information:

�� (A) The name of each person who attends a class;

�� (B) The name of the attendee�s facility;

�� (C) The city or county in which the attendee�s facility is located;

�� (D) The date of the class; and

�� (E) The names of the persons who taught the class.

�� (4) The department, a trade association or instructor is not responsible for the conduct of a landlord, manager, owner or other person attending a continuing education class under this section. This section does not create a cause of action against the department, a trade association or instructor related to the continuing education class.

�� (5) The owner of a facility is responsible for ensuring compliance with the continuing education requirements in this section.

�� (6) The department shall annually send a written reminder notice regarding continuing education requirements under this section to each facility at the address shown in the facility registration filed under ORS 90.732. [2005 c.619 �3; 2007 c.906 �39; 2009 c.816 �11; 2011 c.503 �19; 2019 c.625 �19]

�� 90.736 Civil penalties. (1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS 90.738. In assessing a civil penalty under this section, the department shall take into consideration any good faith efforts by the landlord or owner to comply with ORS 90.732 or

ORS 92.040

92.040 may:

�� (a) Review each subdivision approved on or after October 5, 1973, after the expiration of 10 years after the date of such approval.

�� (b) Review each subdivision plat approved more than 10 years prior to October 5, 1973.

�� (2) Each review conducted pursuant to subsection (1) of this section shall be conducted in the manner and subject to the conditions prescribed in ORS 92.225. [1973 c.569 �2]

�� 92.220 [1963 c.624 ��1,2,25; repealed by 1973 c.421 �52]

�� 92.225 Review of undeveloped or developed subdivision plat lands. (1) The agency or body required to conduct the review under ORS 92.215 shall investigate the status of the lands included within a subdivision to determine whether the subdivision is undeveloped.

�� (2) For the purposes of this section, the lands described in the plat of any subdivision under review shall be considered to be developed if any of the following conditions are found by the agency or body conducting the review to exist on such lands:

�� (a) Roadways providing access into and travel within the subdivision have been or are being constructed to meet the specifications prescribed therefor by the agency or body that approved the plat of the subdivision;

�� (b) Facilities for the supply of domestic or industrial water to lots created by the subdivision have been or are being constructed;

�� (c) Sanitary sewerage disposal facilities have been or are being constructed for lots created by the subdivision, or septic tanks have been or are being installed on the land or permits have been issued for their installation on the land;

�� (d) Buildings have been or are being constructed upon the land or permits have been issued for the construction of buildings upon the land; and

�� (e) One or more lots described in the plat of the subdivision have been sold or otherwise transferred prior to the date of the initiation of such review.

�� (3) If the agency or body determines that a subdivision is undeveloped after its investigation of the subdivision under subsection (1) of this section, it shall also determine:

�� (a) If the undeveloped subdivision complies with the comprehensive plan, zoning regulations and ordinances and subdivision ordinances and regulations then in effect with respect to lands in the subdivision; and

�� (b) If the undeveloped subdivision does not comply with such plan and ordinances and regulations, whether the subdivision may be revised to comply with such plan and ordinances and regulations.

�� (4) If the agency or body determines that a subdivision is undeveloped after its investigation of the subdivision under subsection (1) of this section, it shall hold a hearing to determine whether the undeveloped subdivision should be revised and the subdivision replatted or vacated and all lands within the subdivision that have been dedicated for public use vacated. Not later than 30 days before the date of a hearing held by an agency or body under this section, the agency or body shall notify, in writing, each owner of record of land described in the plat of the subdivision under review of the date, place, time and purpose of such hearing. [1973 c.569 �3]

�� 92.230 [1963 c.624 ��4,19; 1969 c.508 �1; repealed by 1973 c.421 �52]

�� 92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner. (1) Following a hearing conducted as required under ORS 92.225 (4), the agency or body conducting the hearing may:

�� (a) Require the revision of a subdivision and a replat of the subdivision as it considers necessary, if it finds that the subdivision may be revised to comply with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in existence when the subdivision was initially approved; or

�� (b) Initiate proceedings, as provided in subsection (3) of this section, for vacation of the subdivision, if it finds that the subdivision cannot be revised in accordance with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in existence when the subdivision was initially approved.

�� (2) If an agency or body requires the revision and replat of a subdivision under subsection (1)(a) of this section, it shall approve the subdivision only upon the completion of the revisions as required by it and the replat of the subdivision as provided in ORS 92.180 to 92.190.

�� (3) If the agency or body determines that it is necessary to vacate a subdivision, the agency or body shall adopt an ordinance vacating the subdivision and providing for the vacation of lands within the subdivision that have been dedicated for public use. Title to lands within a vacated subdivision shall vest as provided in ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)