US Laws, Codes, Statutes & Cases

Chapter 446 — Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships

 

 

2005 EDITION

 

 

MANUFACTURED STRUCTURES; PARKS; DEALERS

 

PUBLIC HEALTH AND SAFETY

 

MOBILE HOME AND MANUFACTURED DWELLING PARKS

 

446.003     Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227

 

446.005     "Issuing authority" defined

 

446.055     Four to six manufactured dwellings exempt from ORS 446.003 to 446.140

 

446.062     Rules regulating parks; state building code requirements; approval for new construction or additional lots

 

446.066     Inspection of parks

 

446.072     Uniform enforcement throughout state

 

446.076     Consumer and Business Services Fund; sources; uses

 

446.090     Application of ORS 446.095 to 446.105

 

446.095     Park construction and facilities

 

446.100     Prohibited acts in connection with construction and use of parks; rules for spacing of units

 

446.105     Temporary parks

 

446.111     Regulation of structures in parks

 

446.115     Sanitation of parks; pets to be controlled

 

446.125     Occupancy on private land

 

446.140     Notice of removal from park

 

MANUFACTURED STRUCTURE CONSTRUCTION AND SAFETY STANDARDS

 

446.155     Sanitation and safety requirements; exceptions

 

446.160     Inspection; rules; federal standards

 

446.170     Insignia of compliance required; when displayed

 

446.176     Fees; rules

 

446.180     Safety standards of other states or national organization; rules

 

446.185     Minimum safety standards for equipment, material and installations; rules

 

446.190     Power to enjoin violations

 

446.200     When noncompliance with city or county regulations authorized

 

446.210     Limited maintenance electrician's license required

 

446.225     Administration and enforcement of federal manufactured housing safety and construction standards; rules

 

446.230     Safety and construction standards for installation, support and tiedown; rules; when installer license not required

 

446.240     Safety standards for accessory structures; rules

 

446.245     Permitted uses of manufactured dwellings

 

446.250     Duties of director; agreements with local governments; conditions

 

446.252     Installation permit required

 

446.253     Authority of director; authority of local governments

 

446.255     Revocation of agreement with local government

 

446.260     Notification by manufacturer of manufactured home defect; other disclosures; rules

 

446.265     Transitional housing accommodations; regulation and limitations; definition

 

446.271     Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules

 

446.280     Manufactured Structures and Parks Advisory Board

 

446.285     Advisory board education programs

 

TOURIST FACILITIES

 

446.310     Definitions for ORS 446.310 to 446.350

 

446.315     Policy

 

446.320     Tourist facility license required

 

446.321     Fee for license; rules

 

446.322     Issuance of license

 

446.323     Failure to apply for or renew license; transferability of license; refunds

 

446.324     Denial, suspension or revocation of license; civil penalty; hearing

 

446.325     Exemptions from license requirement

 

446.330     Rules

 

446.335     Inspection of parks and camps; right of access; notice of reopening seasonal facility

 

446.340     Responsibility of owner or operator for sanitary conditions

 

446.345     Prohibited acts

 

446.347     Civil penalties; notice

 

446.348     Determining amount of penalty; rules; schedule; factors

 

446.349     Civil penalty

 

446.350     Tourist Facility Account

 

MANUFACTURED DWELLING SITE INFORMATION COLLECTION AND

DISTRIBUTION

 

446.380     Functions of manufactured dwelling site information clearinghouse

 

446.385     Scope of information collected

 

446.390     Funding of clearinghouse

 

446.392     Information concerning available manufactured dwelling park rental spaces

 

LICENSING OF INSTALLERS OF MANUFACTURED DWELLINGS OR CABANAS

 

446.395     License required; issuance; employment of nonlicensed installer prohibited

 

446.400     Procedures for licensing; fees

 

446.405     Complaint procedure; inspections; rules; fees; failure to obey order of director

 

446.410     Use of fees

 

446.416     Civil penalty for violation of ORS 446.395 to 446.420 or related rules

 

446.420     License required to maintain action

 

ADMINISTRATION

 

446.423     Use of moneys

 

446.425     Delegation to county to administer certain sanitation laws; fees

 

446.430     Delegation to county or city to administer rules regulating parks; fees

 

APPLICABILITY

 

446.435     Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites

 

446.440     Application of condominium provisions to parks

 

DISPUTE RESOLUTION FOR MOBILE HOME AND MANUFACTURED DWELLING

PARKS

 

446.515     Policy to encourage settlement of disputes

 

446.525     Special assessment; collection

 

446.533     Mobile Home Parks Account

 

446.543     Office of Manufactured Dwelling Park Community Relations

 

446.547     Mobile home and manufactured dwelling park to establish informal dispute resolution procedure

 

MANUFACTURED STRUCTURE OWNERSHIP RECORDS

 

446.561     Definitions for ORS 446.566 to 446.646

 

446.566     Ownership document contents

 

446.571     Ownership document application; records; notice of security interest

 

446.576     Manufactured structures not requiring ownership document or recording in county deed records

 

446.581     Abandoned structure ownership transfer; rules

 

446.586     Definitions for ORS 446.586 to 446.606

 

446.591     Exception to requirement for submitting information; application by escrow agent

 

446.596     Notice provided by escrow agent; contents

 

446.601     Treatment of application provided by escrow agent

 

446.606     Prohibition on providing application; escrow agent fees; action for damages

 

446.611     Perfection of security interest in manufactured structure having ownership document

 

446.616     Transfer of interest in manufactured structure

 

446.621     Effect of certificate of title or other documentation of ownership

 

446.626     Recording manufactured structures in county deed records; effect on security interest; recording as establishment of real property interest

 

446.631     Process for moving manufactured structure; fees

 

446.636     Manufactured structure trip permits

 

446.641     Sale of manufactured structure having ownership document or that is exempt structure

 

446.646     Department of Consumer and Business Services rules; fees; county as agent of department

 

MANUFACTURED STRUCTURE DEALERS AND DEALERSHIPS

 

446.661     Definitions for ORS 446.666 to 446.756

 

446.666     Regulation of dealers, dealerships and salespersons; inspection of records; rules

 

446.671     Acting as manufactured structure dealer without license; penalty

 

446.676     Exceptions to prohibition against unlicensed dealer activity

 

446.681     Enjoining unlicensed dealers

 

446.686     Notice of proceeding against alleged unlicensed dealer

 

446.691     Issuance of dealer license

 

446.696     Renewal of dealer license

 

446.701     Issuance of temporary manufactured structure dealer license

 

446.706     Limited manufactured structure dealer; licensing

 

446.711     Dealer education and testing; rules

 

446.716     Additional places of business; supplemental licenses

 

446.721     License fees; use of moneys

 

446.726     Bond or letter of credit requirements; action against dealer and surety or issuer

 

446.731     Status of licensed dealer

 

446.736     Transfer of interest by dealer; application information; notice of delay; penalty

 

446.741     Suspension, revocation or cancellation of license; dealer probation; employment disqualification

 

446.746     Manufactured structure dealer criminal offenses; penalties

 

446.751     Engaging in illegal consignment practices; penalty

 

446.756     Violation of consigned manufactured structure transfer; penalty

 

PENALTIES

 

446.990     Penalties

 

446.995     Civil penalties for violation of ORS 446.666 to 446.756 or related rules

 

      446.002 [1953 c.490 §2; 1959 c.562 §1; 1961 c.665 §1; 1967 c.247 §1; 1969 c.533 §11; 1973

c.560 §1; repealed by 1975 c.546 §9 (446.003 enacted in lieu of 446.002)]

 

MOBILE HOME AND MANUFACTURED DWELLING PARKS

 

      446.003 Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227. As used in ORS 446.003 to 446.200 and 446.225 to 446.285, and for the purposes of ORS chapters 195, 196, 197, 215 and 227, the following definitions apply, unless the context requires otherwise, or unless administration and enforcement by the State of Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected, and except as provided in ORS 446.265:

      (1) "Accessory building or structure" means any portable, demountable or permanent structure established for use of the occupant of the manufactured structure and as further defined by rule by the Director of the Department of Consumer and Business Services.

      (2)(a) "Alteration" means any change, addition, repair, conversion, replacement, modification or removal of any equipment or installation that may affect the operation, construction or occupancy of a manufactured structure.

      (b) "Alteration" does not include:

      (A) Minor repairs with approved component parts;

      (B) Conversion of listed fuel-burning appliances in accordance with the terms of their listing;

      (C) Adjustment and maintenance of equipment; or

      (D) Replacement of equipment or accessories in kind.

      (3) "Approved" means approved, licensed or certified by the Department of Consumer and Business Services or its designee.

      (4) "Board" means the Manufactured Structures and Parks Advisory Board.

      (5) "Cabana" means a stationary, lightweight structure that may be prefabricated, or demountable, with two or more walls, used adjacent to and in conjunction with a manufactured structure to provide additional living space.

      (6) "Certification" means an evaluation process by which the department verifies a manufacturer's ability to produce manufactured structures to the department rules and to the department approved quality control manual.

      (7) "Conversion" or "to convert" means the process of changing a manufactured structure in whole or in part from one type of vehicle or structure to another.

      (8) "Dealer" means any person engaged in selling or distributing manufactured structures or equipment, or both, primarily to persons who in good faith purchase or lease manufactured structures or equipment, or both, for purposes other than resale.

      (9) "Department" means the Department of Consumer and Business Services.

      (10) "Director" means the Director of the Department of Consumer and Business Services.

      (11) "Distributor" means any person engaged in selling and distributing manufactured structures or equipment for resale.

      (12) "Equipment" means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured structure.

      (13) "Federal manufactured housing construction and safety standard" means a standard for construction, design and performance of a manufactured dwelling promulgated by the Secretary of Housing and Urban Development pursuant to the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

      (14) "Fire Marshal" means the State Fire Marshal.

      (15) "Imminent safety hazard" means an imminent and unreasonable risk of death or severe personal injury.

      (16) "Insignia of compliance" means:

      (a) For a manufactured dwelling built to HUD standards for such dwellings, the HUD label; or

      (b) For all other manufactured structures, the insignia issued by this state indicating compliance with state law.

      (17) "Inspecting authority" or "inspector" means the Director of the Department of Consumer and Business Services or representatives as appointed or authorized to administer and enforce provisions of ORS 446.111, 446.160, 446.176, 446.225 to 446.285, 446.310 to 446.350, 446.990 and this section.

      (18) "Installation" in relation to:

      (a) Construction means the arrangements and methods of construction, fire and life safety, electrical, plumbing and mechanical equipment and systems within a manufactured structure.

      (b) Siting means the manufactured structure and cabana foundation support and tiedown, the structural, fire and life safety, electrical, plumbing and mechanical equipment and material connections and the installation of skirting and temporary steps.

      (19) "Installer" means any individual licensed by the director to install, set up, connect, hook up, block, tie down, secure, support, install temporary steps for, install skirting for or make electrical, plumbing or mechanical connections to manufactured dwellings or cabanas or who provides consultation or supervision for any of these activities, except architects licensed under ORS 671.010 to 671.220 or engineers licensed under ORS 672.002 to 672.325.

      (20) "Listed" means equipment or materials included in a list, published by an organization concerned with product evaluation acceptable to the department that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or materials meets appropriate standards or has been tested and found suitable in a specified manner.

      (21) "Lot" means any space, area or tract of land, or portion of a manufactured dwelling park, mobile home park or recreation park that is designated or used for occupancy by one manufactured structure.

      (22)(a) "Manufactured dwelling" means a residential trailer, mobile home or manufactured home.

      (b) "Manufactured dwelling" does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer.

      (23) "Manufactured dwelling park" means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190.

      (24)(a) "Manufactured home," except as provided in paragraph (b) of this subsection, means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

      (b) For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, "manufactured home" has the meaning given the term in the contract.

      (25)(a) "Manufactured structure" means a recreational vehicle, manufactured dwelling or recreational structure.

      (b) "Manufactured structure" does not include any building or structure regulated under the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code.

      (26) "Manufacturer" means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured structures or equipment.

      (27) "Manufacturing" means the building, rebuilding, altering or converting of manufactured structures that bear or are required to bear an Oregon insignia of compliance.

      (28) "Minimum safety standards" means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director.

      (29) "Mobile home" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

      (30) "Mobile home park" means any place where four or more manufactured structures are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Mobile home park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the municipality unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190.

      (31) "Municipality" means a city, county or other unit of local government otherwise authorized by law to enact codes.

      (32) "Recreational structure" means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the director.

      (33) "Recreational vehicle" means a vehicle with or without motive power, that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and as further defined, by rule, by the director.

      (34) "Residential trailer" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

      (35) "Sale" means rent, lease, sale or exchange.

      (36) "Skirting" means a weather resistant material used to enclose the space below the manufactured structure.

      (37) "Tiedown" means any device designed to anchor a manufactured structure securely to the ground.

      (38) "Transitional housing accommodations" means accommodations described under ORS 446.265.

      (39) "Utilities" means the water, sewer, gas or electric services provided on a lot for a manufactured structure. [1975 c.546 §10 (enacted in lieu of 446.002 and 446.004); 1979 c.884 §1; 1983 c.707 §1; 1987 c.274 §1; 1987 c.414 §21; 1989 c.527 §1; 1989 c.648 §§1,1a; 1989 c.683 §1; 1989 c.919 §6b; 1991 c.226 §1; 1991 c.844 §21; 1993 c.744 §47; 1995 c.251 §1; 1997 c.205 §1; 1999 c.758 §7; 2003 c.675 §6; 2005 c.22 §313]

 

      446.004 [1969 c.295 §2; 1971 c.753 §42; repealed by 1975 c.546 §9 and by 1975 c.793 §1a (446.003 and 446.005 enacted in lieu of 446.004)]

 

      446.005 "Issuing authority" defined. As used in ORS 446.003 to 446.200, 446.225 to 446.285 and 446.425, unless the context requires otherwise, or unless administration and enforcement by Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected, "issuing authority" means with respect to mobile home or manufactured dwelling park plans review and construction, the Department of Consumer and Business Services. [1975 c.793 §1b (enacted in lieu of 446.004); 1981 c.190 §7; 1983 c.707 §2; 1989 c.648 §2]

 

      446.006 [1953 c.490 §3; 1967 c.247 §2; 1969 c.533 §12; 1973 c.560 §2; 1975 c.793 §2; 1979 c.789 §1; 1981 c.190 §3; repealed by 1983 c.707 §29]

 

      446.010 [Repealed by 1953 c.490 §21]

 

      446.012 [1953 c.490 §4; 1971 c.650 §22; 1975 c.793 §3; repealed by 1983 c.707 §29]

 

      446.015 [1971 c.588 §1; repealed by 1983 c.707 §29]

 

      446.016 [1953 c.490 §5; 1973 c.560 §3; 1975 c.793 §4; 1979 c.342 §1; 1979 c.696 §3a; 1981 c.190 §4; repealed by 1983 c.707 §29]

 

      446.020 [Repealed by 1953 c.490 §21]

 

      446.022 [1953 c.490 §6; 1969 c.533 §13; repealed by 1973 c.560 §22]

 

      446.026 [1953 c.490 §7; repealed by 1983 c.707 §29]

 

      446.030 [Repealed by 1953 c.490 §21]

 

      446.032 [1953 c.490 §16; repealed by 1959 c.562 §16]

 

      446.036 [1953 c.490 §8; 1969 c.533 §14; 1981 c.190 §5; repealed by 1983 c.707 §29]

 

      446.040 [Repealed by 1953 c.490 §21]

 

      446.042 [1953 c.490 §9; repealed by 1983 c.707 §29]

 

      446.046 [1953 c.490 §10; 1973 c.560 §4; 1975 c.793 §5; repealed by 1983 c.707 §29]

 

      446.050 [Repealed by 1953 c.490 §21]

 

      446.052 [1953 c.490 §11; 1967 c.247 §3; 1971 c.734 §63; 1973 c.560 §5; 1975 c.793 §6; repealed by 1983 c.707 §29]

 

      446.055 Four to six manufactured dwellings exempt from ORS 446.003 to 446.140. Four to six manufactured dwellings may be sited on a lot or parcel or aggregation of lots or parcels without meeting the requirements of ORS 446.003 to 446.140. However, four to six manufactured dwellings shall be sited in conformance with the comprehensive plan and land use regulations for other dwellings of similar capacity within the zone in which the manufactured dwellings are sited. [1993 c.437 §2]

 

      446.056 [1953 c.490 §12; 1973 c.560 §6; 1975 c.793 §7; repealed by 1983 c.707 §29]

 

      446.060 [Repealed by 1953 c.490 §21]

 

      446.062 Rules regulating parks; state building code requirements; approval for new construction or additional lots. (1)(a) The Director of the Department of Consumer and Business Services shall issue rules under ORS chapter 183 to regulate mobile home or manufactured dwelling parks. These rules shall conform to ORS 446.090 to 446.140.

      (b) Any water system serving a mobile home or manufactured dwelling park is subject to ORS 448.115 to 448.285 and the rules adopted pursuant thereto.

      (2) Mobile home or manufactured dwelling parks are subject to ORS 446.003, 446.055, 446.072 to 446.100, 446.140 and 446.271 and the state building code, as defined in ORS 455.010, and the rules adopted thereunder by the director under ORS chapter 183.

      (3) The Department of Consumer and Business Services shall review plans and inspect construction of mobile home or manufactured dwelling parks to insure compliance with subsection (2) of this section. The director shall adopt rules under ORS chapter 183 to provide a schedule for plan review fees and construction inspection fees.

      (4) A person shall not construct a new mobile home or manufactured dwelling park or add lots to an existing mobile home or manufactured dwelling park without approval by the department. [1953 c.490 §13; 1959 c.562 §13; 1969 c.533 §15; 1975 c.793 §8; 1981 c.190 §6; 1983 c.707 §3; 1987 c.414 §21a; 1987 c.604 §11; 1989 c.648 §3; 1993 c.744 §48; 1995 c.318 §1; 2001 c.411 §13]

 

      446.066 Inspection of parks. The Department of Consumer and Business Services may inspect every mobile home or manufactured dwelling park in order to determine whether it conforms with the provisions of ORS 446.003 to 446.200 and 446.225 to 446.285 and the rules adopted pursuant thereto. Any person operating such facilities shall at all reasonable times, upon request of the department, permit access to all parts of the facilities. [1953 c.490 §14; 1969 c.533 §16; 1973 c.560 §7; 1975 c.793 §9; 1983 c.707 §4; 1989 c.648 §4]

 

      446.070 [Repealed by 1953 c.490 §21]

 

      446.072 Uniform enforcement throughout state. The Department of Consumer and Business Services shall make surveys necessary to assure uniform enforcement throughout the state with respect to mobile home or manufactured dwelling parks. [1953 c.490 §17; 1959 c.562 §14; 1975 c.793 §10; 1983 c.707 §5; 1989 c.648 §5]

 

      446.076 Consumer and Business Services Fund; sources; uses. All moneys received by the Department of Consumer and Business Services under ORS 446.003 to 446.200 and 446.225 to 446.285 shall be paid into the Consumer and Business Services Fund created by ORS 705.145. The moneys received under this section are continuously appropriated to the department for use as provided in ORS 446.423. [1953 c.490 §15; 1973 c.560 §8; 1975 c.793 §11; 1983 c.707 §6; 1987 c.414 §21b; 1989 c.648 §6; 1993 c.744 §49; 2001 c.710 §4]

 

      446.080 [Repealed by 1953 c.490 §21]

 

      446.082 [1953 c.490 §19; 1969 c.533 §17; repealed by 1973 c.560 §22]

 

      446.090 Application of ORS 446.095 to 446.105. ORS 446.095 (3), 446.100 (1)(c) and 446.105 do not apply to a mobile home park that was constructed before August 5, 1959. However, any changes or additions made in any mobile home or manufactured dwelling park after August 5, 1959, shall conform to ORS 446.095 to 446.105 and the rules issued thereunder. [1959 c.562 §3; 1967 c.247 §4; 1969 c.533 §18; 1975 c.793 §12; 1985 c.565 §72; 1989 c.648 §7; 1995 c.318 §4]

 

      446.095 Park construction and facilities. The owner or operator of a mobile home or manufactured dwelling park shall:

      (1) Construct well-drained and hard-surfaced park streets at least 20 feet in width, unobstructed and open to traffic within the mobile home or manufactured dwelling park. If the owner or operator permits parking of motor vehicles on the park streets, the owner or operator shall construct the park streets at least 30 feet in width.

      (2) Provide to each tenant an adequate supply of healthful water and adequate electric power and sewerage facilities. All plumbing shall be installed in compliance with ORS 447.010 to 447.156 and 447.992 and the rules of the Department of Consumer and Business Services adopted thereunder.

      (3) Provide, except as specified in subsection (4) of this section, a separate general play area restricted to that use, if the mobile home or manufactured dwelling park accommodates children who are under 14 years of age. No separate play area shall be less than 2,500 square feet in area. At least 100 square feet of play area shall be provided for each manufactured dwelling occupied by children.

      (4) Not be required to provide a separate play area if the mobile home or manufactured dwelling park was in existence before March 13, 1989, and rented spaces as an all adult park. [1959 c.562 §4; 1967 c.247 §5; 1969 c.491 §1; 1969 c.533 §19; 1973 c.560 §9; 1989 c.648 §8; 1991 c.226 §2; 1995 c.318 §2]

 

      446.100 Prohibited acts in connection with construction and use of parks; rules for spacing of units. (1) A person may not:

      (a) Construct a mobile home or manufactured dwelling park at a place that is unsuitable due to swampy terrain, lack of adequate drainage or proximity to the breeding places of insects or rodents.

      (b) Install a manufactured dwelling closer than five feet from a property boundary line.

      (c) Construct in a mobile home or manufactured dwelling park a manufactured dwelling space less than 30 feet in width or less than 40 feet in length.

      (2) The Director of the Department of Consumer and Business Services shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 specifying minimum distances between adjacent manufactured dwellings and between manufactured dwellings and other structures. In adopting these rules, the director shall take into consideration the standards established by the National Fire Protection Association and standards recommended by the State Fire Marshal.

      (3) Except as provided in this subsection, the rules adopted by the director under subsection (2) of this section must provide for at least 10 feet of space between manufactured dwellings. The director may adopt a rule allowing less than 10 feet of space between manufactured dwellings that are separated by a one-hour fire-resistive wall. A standard established by the director for a one-hour fire-resistive wall separating manufactured dwellings must be at least as stringent as the equivalent standard, if any, for a fire-resistive wall in a two family dwelling under the Low-Rise Residential Dwelling Code. [1959 c.562 §5; 1969 c.533 §20; 1981 c.506 §1; 1989 c.648 §9; 1991 c.226 §3; 2003 c.134 §1; 2005 c.22 §314]

 

      446.105 Temporary parks. (1) The Director of the Department of Consumer and Business Services may issue a permit for the establishment of a temporary mobile home or manufactured dwelling park to a construction company, timber company, government entity or farm if:

      (a) There is no available space in a mobile home or manufactured dwelling park within a reasonable distance; and

      (b) A mobile home or manufactured dwelling park is necessary for the proper housing of employees until the project is finished.

      (2) Upon approval by the Department of Consumer and Business Services and the county or city planning commission, a permit may be issued to a person to establish a temporary mobile home or manufactured dwelling park on the person's own premises in areas having a critical housing shortage due to large construction projects. The permit shall expire upon completion of the project. [1959 c.562 §6; 1967 c.247 §6; 1969 c.533 §21; 1973 c.560 §10; 1975 c.793 §13; 1989 c.648 §10; 1991 c.226 §4; 1993 c.744 §50; 1995 c.318 §3]

 

      446.110 [Repealed by 1959 c.562 §16]

 

      446.111 Regulation of structures in parks. No stationary structure may be erected within a mobile home or manufactured dwelling park without the consent of the owner or operator; and when giving consent, it shall be the duty of the mobile home or manufactured dwelling park manager to advise the tenant or builder of the standards required by ORS 446.003 to 446.200 and 446.225 to 446.285 and the rules issued thereunder. [1961 c.665 §3; 1967 c.247 §7; 1969 c.533 §22; 1973 c.560 §11; 1975 c.546 §11; 1989 c.648 §11]

 

      446.115 Sanitation of parks; pets to be controlled. (1) The owner or operator of a mobile home or manufactured dwelling park is responsible for the sanitary condition of the park grounds and buildings.

      (2) No person shall allow a pet animal of the person to run at large or to create any health hazard within a mobile home or manufactured dwelling park. [1959 c.562 §§8,9; 1967 c.247 §8; 1969 c.533 §23; 1973 c.560 §12; 1989 c.648 §12]

 

      446.120 [Repealed by 1959 c.562 §16]

 

      446.125 Occupancy on private land. A person may occupy a manufactured dwelling or a camping vehicle on private land with the consent of the owner of the land if:

      (1) The lot, tract or parcel of land upon which the manufactured dwelling or camping vehicle is situated has an area adequate to provide safe, approved water supply and sewage disposal facilities and is not in conflict with ORS 446.310 (9).

      (2) The person complies with all applicable standards of sanitation, water, plumbing and electrical and sewerage installations prescribed by the laws of this state and the rules issued thereunder, or by local authorities. [1959 c.562 §10; 1967 c.247 §9; 1969 c.533 §24; 1983 c.707 §7; 1989 c.648 §13; 2001 c.900 §256; 2005 c.22 §315]

 

      446.130 [Repealed by 1959 c.562 §16]

 

      446.135 [1959 c.562 §11; 1967 c.247 §10; repealed by 1969 c.533 §27]

 

      446.140 Notice of removal from park. No person, firm or corporation shall remove a manufactured dwelling from a mobile home or manufactured dwelling park without first giving the owner or operator of the park 72 hours' notice. [1959 c.562 §12; 1967 c.247 §11; 1969 c.533 §25; 1985 c.473 §16; 1989 c.648 §14]

 

      446.145 [1959 c.562 §7; 1967 c.247 §12; 1969 c.533 §26; 1989 c.648 §15; repealed by 1995 c.318 §5]

 

      446.150 [1959 c.683 §32; 1969 c.605 §54; repealed by 1969 c.533 §27 and by 1969 c.605 §61]

 

MANUFACTURED STRUCTURE CONSTRUCTION AND SAFETY STANDARDS

 

      446.155 Sanitation and safety requirements; exceptions. (1) A person may not sell or offer for sale within this state a manufactured dwelling manufactured after January 1, 1962, that contains:

      (a) Plumbing equipment, unless such equipment meets the requirements of the Department of Consumer and Business Services;

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

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

      (2) A person may not rent, lease, sell or offer for rent, lease or sale within this state a manufactured structure manufactured after September 1, 1969, unless the manufactured structure bears an insignia of compliance and contains:

      (a) Plumbing, mechanical and electrical equipment or installations that meet the minimum safety standards of the department;

      (b) Thermal, fire and life safety equipment, material and installations that meet the minimum safety standards of the department; or

      (c) Structural and transportation equipment, materials, installations and construction that meet the minimum safety standards of the department.

      (3) A person may not rent, lease, sell or offer for rent, lease or sale within this state a recreational vehicle unless the recreational vehicle:

      (a) Bears an insignia of compliance;

      (b) Has previously been lawfully registered and titled within the United States;

      (c) Has previously been issued an ownership document under ORS 446.571 or recorded under ORS 446.626; or

      (d) Is exempt from registration, title or ownership document requirements because of United States government ownership.

      (4) Persons manufacturing, remanufacturing, converting, altering or repairing manufactured structures or equipment within the state or for use within the state shall comply with all applicable construction and safety rules of the department and the following:

      (a) Alterations performed on a manufactured dwelling by the manufacturer or dealer before or at the time of sale to the first consumer shall be performed in conformance with the National Manufactured Housing Construction and Safety Standards Act.

      (b) After the initial sale to a consumer by a manufacturer or dealer, all alterations to a manufactured dwelling, except as identified by the Director of the Department of Consumer and Business Services by rule, shall be in conformance with the specialty codes as described in ORS 455.010 to 455.740 and 479.855.

      (c) Solid fuel burning appliances shall be in conformance with the National Manufactured Housing Construction and Safety Standards Act and standards adopted by the department.

      (d) Notwithstanding subsections (1) and (2) of this section, a previously owned manufactured dwelling may be sold "as is" provided that the seller discloses in the bill of sale that the manufactured dwelling is being sold on an "as is" or "with all faults" basis, and that the entire risk as to the quality and performance of the manufactured dwelling is with the buyer. If the manufactured dwelling is found to be defective after purchase, the buyer shall assume the entire cost of all servicing and repair. The seller, manufacturer, distributor or retailer is not responsible for any cost for servicing and repair.

      (5) Installations of manufactured structures shall be in conformance with the standards adopted by the department for site preparation, foundation support, anchoring, structural and utility connections, electrical and plumbing tests, underfloor enclosures, ventilation, vapor barriers and steps used for access and egress. [1961 c.567 §2; 1969 c.295 §3; 1971 c.753 §43; 1989 c.527 §2; 1989 c.648 §16a; 1991 c.409 §1; 1995 c.251 §2; 2001 c.104 §184; 2005 c.89 §1]

 

      446.160 Inspection; rules; federal standards. (1) The Department of Consumer and Business Services may cause such inspections to be made, approve plans and specifications, provide technical services, issue insignia of compliance, collect fees provided by ORS 446.176 and, in compliance with ORS chapter 183, promulgate and enforce such rules and regulations as are reasonably necessary to carry out its duties and insure compliance with those parts of ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.440 within the jurisdiction of the department.

      (2) The Director of the Department of Consumer and Business Services shall adopt rules pursuant to ORS chapter 183 to insure that manufacturers, distributors and dealers comply with the reporting requirements of the Department of Consumer and Business Services of this state and the Secretary of Housing and Urban Development as required by the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

      (3) The director is authorized to conduct such inspections and investigations as may be necessary to administer and enforce any federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). The director shall furnish to the Secretary of Housing and Urban Development or a designee any information obtained indicating noncompliance with such standards for appropriate action.

      (4) The director or a designee is authorized to enter, at reasonable times and without advance notice, any factory, warehouse or establishment in which a manufactured structure or equipment is manufactured, stored or held for sale; and to inspect at reasonable times within reasonable limits in a reasonable manner, any such factory, warehouse or establishment, and to inspect such products, books, papers, records and documents which are relevant to the manufacture of a manufactured structure or equipment and the manufacturer's, distributor's or dealer's compliance with ORS 446.155 and the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1961 c.567 §§3,4; 1969 c.295 §4; 1971 c.753 §44; 1975 c.546 §12; 1989 c.527 §3; 1989 c.648 §17; 1991 c.409 §2]

 

      446.165 [1961 c.567 §5; 1969 c.295 §5; renumbered 446.200]

 

      446.170 Insignia of compliance required; when displayed. (1) Manufactured structures subject to the provisions of ORS 446.155 to 446.200, and manufactured structures upon which additions, conversions or alterations of installations of equipment or material are made shall have affixed to the manufactured structures insignia of compliance.

      (2) A person may not place an insignia of compliance on a manufactured structure except as provided by ORS 446.155 to 446.200 and the rules adopted under ORS 446.155 to 446.200.

      (3) Insignia of compliance may be issued in bulk only to manufacturers, remanufacturers or converters certified and registered with the Department of Consumer and Business Services.

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

      (5) Subsection (1) of this section does not apply to a recreational vehicle described in ORS 446.155 (3)(b) to (d). [1969 c.295 §§7,11; 1989 c.527 §4; 1991 c.409 §3; 2005 c.89 §2]

 

      446.175 [1969 c.295 §6; 1971 c.753 §45; repealed by 1975 c.546 §13 (446.176 enacted in lieu of 446.175)]

 

      446.176 Fees; rules. (1) The Director of the Department of Consumer and Business Services, with the approval of the Manufactured Structures and Parks Advisory Board, shall adopt regulations under the provisions of ORS chapter 183 to provide a schedule for plan review fees, insignia fees, inspection fees and other necessary fees based on the estimated cost of administering ORS 446.003 to 446.200 and 446.225 to 446.285.

      (2) Fees collected by the department pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145. Moneys deposited into the fund pursuant to this section are continuously appropriated to the department for use as provided in ORS 446.423. [1975 c.546 §14 (enacted in lieu of 446.175); 1993 c.744 §51; 1997 c.205 §2; 1999 c.518 §2; 2001 c.710 §5]

 

      446.180 Safety standards of other states or national organization; rules. (1) If the Director of the Department of Consumer and Business Services determines that standards for construction, equipment and material installed in manufactured structures provided by the statutes or rules and regulations of other states are at least equal to the minimum safety standards prescribed under ORS 446.155 to 446.200, and that such statutes, rules and regulations are being enforced, the director may provide by rule that manufactured structures approved by such other state shall be considered approved by the director.

      (2) Mobile homes built between September 1, 1969, and June 15, 1976, to the American National Standards Institute Mobile Home Standards A119.1 and which also bear an insignia of compliance from the State of California, Idaho, Nevada or Washington shall be considered to comply with ORS 446.155 (2) provided no alterations have been made to the original structure. [1969 c.295 §9; 1971 c.753 §46; 1987 c.414 §22; 1989 c.527 §5; 1989 c.648 §18; 1991 c.226 §5; 1991 c.912 §1; 1993 c.744 §52]

 

      446.185 Minimum safety standards for equipment, material and installations; rules. (1) In compliance with ORS chapter 183, rules establishing minimum safety standards and requirements shall be adopted and enforced by the Director of the Department of Consumer and Business Services for manufactured structures and manufactured structure installations as prescribed in ORS 446.155.

      (2) Minimum safety standards prescribed in ORS 446.155 to 446.200 shall be reasonably consistent with nationally recognized standards for construction of manufactured structures, and the manufactured structures shall be designed to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe equipment, material and installations. [1969 c.295 §8; 1971 c.753 §47; 1989 c.527 §6; 1991 c.409 §4; 1993 c.744 §53; 1995 c.251 §3]

 

      446.190 Power to enjoin violations. When it appears to an inspecting authority that any person is engaged or about to engage in an act or practice which is in violation of ORS 446.155 to 446.200 or the rules and regulations issued thereunder, the inspecting authority may, without bond, obtain an order from an appropriate circuit court enjoining such act or practice. [1969 c.295 §10]

 

      446.200 When noncompliance with city or county regulations authorized. (1) Any manufactured structure that meets the requirements prescribed under ORS 446.003, 446.155 to 446.200 and 446.225 to 446.285:

      (a) Is not required to comply with any ordinances of a city or county prescribing requirements for plumbing, heating, illuminating, mechanical, structural, transportation, thermal, fire and life safety, cooking or electrical equipment and material installed in manufactured structures.

      (b) Is required to comply with this chapter and the administrative rules adopted thereunder regulating plumbing, heating, illuminating, mechanical, structural, transportation, thermal, fire and life safety, cooking and electrical equipment and material installed in manufactured structures.

      (2) A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and which bears an insignia of compliance is not required to comply with any additional regulations if it is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 §20; 1991 c.226 §6; 1995 c.251 §4]

 

      446.210 Limited maintenance electrician's license required. (1) The Director of the Department of Consumer and Business Services shall issue a limited maintenance electrician's license to a person who:

      (a) Pays the fee required under ORS 479.840;

      (b) Complies with ORS 479.510 to 479.945 and the rules adopted under ORS 455.117 and 479.510 to 479.945;

      (c) Passes a written examination administered as provided by department rule on basic electrical principles on repair and maintenance of electrical wiring and equipment used in a manufactured structure; and

      (d) Submits proof as provided by department rule that the person has sufficient experience in the repair and maintenance of electrical problems of the type and nature found in a manufactured structure.

      (2) A person licensed under this section may repair and maintain electrical wiring and equipment used in a manufactured structure. [1969 c.295 §12; 1989 c.648 §21; 1993 c.744 §54; 2003 c.14 §266; 2005 c.758 §7]

 

      Note: The amendments to 446.210 by section 7, chapter 758, Oregon Laws 2005, become operative July 1, 2006. See section 57, chapter 758, Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws 2005. The text that is operative until July 1, 2006, is set forth for the user's convenience.

      446.210. (1) Upon payment of a fee required by ORS 479.840 the Director of the Department of Consumer and Business Services shall issue a limited maintenance electrician's license to a person who has complied with ORS 479.510 to 479.945 and the rules issued thereunder, who passes a written examination administered by the department on basic electrical principles on repair and maintenance of electrical wiring and equipment used in a manufactured structure, and submits proof satisfactory to the department that the person has had sufficient experience in the repair and maintenance of such electrical problems of the type and nature found in a manufactured structure.

      (2) A person licensed under this section and who has passed a written examination administered by the department shall be authorized to repair and maintain electrical wiring and equipment used in a manufactured structure.

 

      446.220 [1975 c.566 §2; repealed by 1983 c.65 §1]

 

      446.225 Administration and enforcement of federal manufactured housing safety and construction standards; rules. (1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

      (2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing safety and construction standards for manufactured housing offered for sale or lease in this state.

      (3) The director is authorized to adopt rules pursuant to ORS chapter 183 to insure acceptance by the Secretary of Housing and Urban Development of Oregon's plan for administration and enforcement of federal manufactured housing safety and construction standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 §2; 1989 c.648 §22]

 

      446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required. (1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings.

      (2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply.

      (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on a lot to manufactured dwellings. [1975 c.546 §3; 1989 c.648 §23; 1991 c.226 §7; 1993 c.744 §55]

 

      446.240 Safety standards for accessory structures; rules. The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 §4; 1989 c.648 §24]

 

      446.245 Permitted uses of manufactured dwellings. (1) Manufactured dwellings shall be used as single-family dwellings.

      (2) Manufactured dwellings shall not be used for commercial purposes.

      (3) Exceptions to subsections (1) and (2) of this section are:

      (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in accordance with the provisions of the Oregon specialty codes by the authority having jurisdiction. When a manufactured dwelling changes in occupancy it shall lose its identity as a manufactured dwelling and have the insignia removed and returned to the Department of Consumer and Business Services.

      (b) Manufactured dwellings may be used by dealers or distributors of manufactured structures as temporary sales offices when no alterations to the design, construction, transportation, fire and life safety, plumbing, mechanical or electrical systems are made to accommodate the office use and when the dealer or distributor continues to offer the manufactured dwelling for sale during the office use.

      (c) A portion of a manufactured dwelling may be used for an in-house business when the remainder of the structure is used as a single-family dwelling by the same person. The type and location of an in-home business shall be approved by the authority having jurisdiction and the local planning commission prior to the use. [1991 c.478 §2]

 

      Note: 446.245 was added to and made a part of 446.155 to 446.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      446.250 Duties of director; agreements with local governments; conditions. The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings and installation of manufactured dwellings and manufactured structure accessory buildings and structures on a lot. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for alteration of manufactured dwellings and installation of manufactured dwellings and manufactured structure accessory buildings and structures and alterations of installations of plumbing, heating, illuminating, cooking or electrical equipment, provided the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for alteration of manufactured dwellings and installation of manufactured dwellings and manufactured structure accessory buildings and structures, pursuant to ORS 446.003, 446.111, 446.155, 446.160, 446.176, 446.225 to 446.285 and 446.990. However, the certification standards under this section shall relate to the inspections to be performed and shall not be more stringent for municipal inspectors than those applying to state inspectors. [1975 c.546 §5; 1983 c.250 §2; 1989 c.648 §25; 1989 c.1017 §4; 1991 c.409 §5; 1995 c.251 §5; 1997 c.205 §3]

 

      446.252 Installation permit required. A person may not install a manufactured dwelling or manufactured structure accessory building or structure without first obtaining from the Department of Consumer and Business Services or a municipality as provided under ORS 446.250 all permits necessary for installing the manufactured dwelling or manufactured structure accessory building or structure on a lot. [1989 c.1017 §2; 1995 c.251 §6; 1997 c.205 §4]

 

      446.253 Authority of director; authority of local governments. (1) The authority of the Director of the Department of Consumer and Business Services under ORS 446.250 shall be in addition to the provisions of ORS chapter 455. Where the provisions of ORS 446.252 and this section conflict with the provisions under ORS chapter 455, the provisions of ORS 446.252 and this section shall control.

      (2) Except as otherwise provided by this subsection, any municipality that establishes a program under ORS 446.252 and 455.150 and this section to administer and enforce installations of manufactured dwellings and manufactured structure accessory buildings and structures shall assume full responsibility for