US Laws, Codes, Statutes & Cases

Chapter 446 — Manufactured Dwellings and Structures; Parks; Tourist Facilities;

Ownership Records; Dealers and Dealerships

 

2007 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; duties of Director of Housing and Community Services Department; rules

 

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

 

446.568     Provision of certain ownership document information to Department of Consumer and Business Services

 

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]