446.002 [1953 c.490 §2; 1959 c.562 §1; 1961 c.665 §1; 1967 c.247 §1; 1969 c.533 §11; 1973 c.560 §1; repealed by 1975 c.546 §9 (446.003 enacted in lieu of 446.002)]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
Oregon Revised Statutes
Chapter 446 — Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships
178 sections446.003 Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285
As used in ORS 446.003 to 446.200 and 446.225 to 446.285, 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: “Accessory building or structure” means any portable, demountable or per…
446.004 [1969 c.295 §2; 1971 c.753 §42; repealed by 1975 c.546 §9 and by 1975 c.793 §1a (446.003 and 446.005 enacted in lieu of 446.004)]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 dwelli…
446.006 [1953 c.490 §3; 1967 c.247 §2; 1969 c.533 §12; 1973 c.560 §2; 1975 c.793 §2; 1979 c.789 §1; 1981 c.190 §3; repealed by 1983 c.707 §29]
446.007 [2019 c.422 §26; 2021 c.260 §8; repealed by 2022 c.54 §19]
446.010 [Repealed by 1953 c.490 §21]
446.012 [1953 c.490 §4; 1971 c.650 §22; 1975 c.793 §3; repealed by 1983 c.707 §29]
446.015 [1971 c.588 §1; repealed by 1983 c.707 §29]
446.016 [1953 c.490 §5; 1973 c.560 §3; 1975 c.793 §4; 1979 c.342 §1; 1979 c.696 §3a; 1981 c.190 §4; repealed by 1983 c.707 §29]
446.020 [Repealed by 1953 c.490 §21]
446.022 [1953 c.490 §6; 1969 c.533 §13; repealed by 1973 c.560 §22]
446.026 [1953 c.490 §7; repealed by 1983 c.707 §29]
446.030 [Repealed by 1953 c.490 §21]
446.032 [1953 c.490 §16; repealed by 1959 c.562 §16]
446.036 [1953 c.490 §8; 1969 c.533 §14; 1981 c.190 §5; repealed by 1983 c.707 §29]
446.040 [Repealed by 1953 c.490 §21]
446.042 [1953 c.490 §9; repealed by 1983 c.707 §29]
446.046 [1953 c.490 §10; 1973 c.560 §4; 1975 c.793 §5; repealed by 1983 c.707 §29]
446.050 [Repealed by 1953 c.490 §21]
446.052 [1953 c.490 §11; 1967 c.247 §3; 1971 c.734 §63; 1973 c.560 §5; 1975 c.793 §6; repealed by 1983 c.707 §29]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 man…
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
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. 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.…
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, …
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.
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.
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.
446.095 Park construction and facilities
The owner or operator of a mobile home or manufactured dwelling park shall: 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 constru…
446.100 Prohibited acts in connection with construction and use of parks; rules for spacing of units
A person may not: 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. Install a manufactured dwelling closer than five feet from a property boundary line. Construct in a mobile home or manufactured dwelling park a man…
446.105 Temporary parks
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: There is no available space in a mobile home or manufactured dwelling park within a reasonable distance; and A mobile home…
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 …
446.115 Sanitation of parks; pets to be controlled
The owner or operator of a mobile home or manufactured dwelling park is responsible for the sanitary condition of the park grounds and buildings. 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.
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: 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 …
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.
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
A person may not sell or offer for sale within this state a manufactured dwelling manufactured after January 1, 1962, that contains: Plumbing equipment, unless such equipment meets the requirements of the Department of Consumer and Business Services; Heating equipment, unless such equipment meets the requirements of the State Fire Marshal; or Electrical e…
446.160 Inspection; rules; federal standards
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 …
446.165 [1961 c.567 §5; 1969 c.295 §5; renumbered 446.200]
446.170 Insignia of compliance required; when displayed
An insignia of compliance shall be affixed to manufactured dwellings that are subject to the provisions of ORS 446.155 to 446.200 and to manufactured dwellings upon which additions, conversions or alterations of installations of equipment or material are made. A person may not place an insignia of compliance on a manufactured dwelling except as provided by …
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
The Director of the Department of Consumer and Business Services, with the approval of the Residential and Manufactured Structures 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 t…
446.180 Safety standards of other states or national organization; rules
If the Director of the Department of Consumer and Business Services determines that standards for construction, equipment and material installed in manufactured dwellings 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 a…
446.185 Minimum safety standards for equipment, material and installations; rules
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 dwellings and installations as prescribed in ORS 446.155. Minimum safety standards prescribed in ORS 446.155 to 446.200 shall be reasonably consist…
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.
446.198 Exemption for redevelopment in park destroyed by natural disaster
The Director of the Department of Consumer and Business Services may waive any requirements of ORS 446.003 to 446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that: The waiver is necessary or advisable to allow for the rapid development…
446.200 Exemption from additional regulations
A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property.
446.210 [1969 c.295 §12; 1989 c.648 §21; 1993 c.744 §54; 2003 c.14 §266; 2005 c.758 §7; 2007 c.271 §1; repealed by 2017 c.364 §1]
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
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). The Director of the…
446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required
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 manufactu…
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…
446.245 Permitted uses of manufactured dwellings
Manufactured dwellings shall be used as single-family dwellings. Manufactured dwellings shall not be used for commercial purposes. Exceptions to subsections (1) and (2) of this section are: 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 prov…
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, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illumin…
446.252 Installation permit required
A person may not install a manufactured dwelling or an 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 the accessory building or structure on a lot.
446.253 Authority of director; authority of local governments
The authority of the Director of the Department of Consumer and Business Services under ORS 446.250 is 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. Except as otherwise provided by this su…
446.255 Revocation of agreement with local government
After written notice and hearing as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may revoke the certification of a local inspector certified under ORS 446.250, or the authority of a local government to enforce provisions of ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990, …
446.260 Notification by manufacturer of manufactured home defect; other disclosures; rules
Every manufacturer of manufactured homes offered for sale or lease in this state shall furnish notification of any defect in any manufactured home produced by the manufacturer that the manufacturer determines, in good faith, relates to a federal manufactured housing construction or safety standard or constitutes an imminent safety hazard to the purchaser of …
446.265 [1999 c.758 §6; 2019 c.411 §1; 2019 c.422 §13; 2021 c.18 §5; renumbered 197.746 in 2021]
446.270 [1975 c.546 §7; 1977 c.161 §4; 1979 c.342 §2; 1979 c.593 §32a; 1981 c.897 §51; 1989 c.648 §27; 1991 c.226 §9; repealed by 2001 c.411 §31]
446.271 Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules
The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.
446.280 Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities
The Residential and Manufactured Structures Board shall serve in an advisory capacity to the Director of the Department of Consumer and Business Services in promulgating, administering and enforcing the plan for the administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383) and safety…
446.285 Advisory board training and education programs
To assist the Director of the Department of Consumer and Business Services in administration and enforcement of the National Manufactured Housing Construction and Safety Standards Act of 1974, and safety standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential and Manufactured Structures Boa…
446.310 Definitions for ORS 446.310 to 446.350
As used in ORS 446.310 to 446.350, unless the context requires otherwise: “Authority” means the Oregon Health Authority. “Camping vehicle” means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and is being used for vacation and recreational purposes, but not fo…
446.315 Policy
It is the public policy of this state to encourage construction of recreation parks by public agencies and private industry to satisfy the demand for outdoor recreation while establishing standards for recreationists and landowners so that these parks are maintained in a safe and sanitary condition.
446.317 Delegation of landlord duties; rules
As used in this section: “Landlord” means a tourist facility owner holding a license issued under ORS 446.320. “Tenant” means a person, or a public body as defined in ORS 174.109, that: Is not under common ownership, management or control with the landlord; Rents or leases all or part of a tourist facility from a landlord for the purpose of operating an …
446.320 Tourist facility license required
No person shall establish, operate, manage or maintain a tourist facility, without a license from the Director of the Oregon Health Authority. Organizational camps operated under rental or leasehold agreements may be licensed either to the landlord or to the tenant provided that the license holder shall be responsible for compliance with ORS 446.310 to 446.…
446.321 Fee for license; rules
Every applicant for a license under ORS 446.320 shall pay to the Oregon Health Authority a fee established by the authority by rule. The fee may not exceed $100, except that recreation parks shall pay an additional fee not to exceed $3 for each space. Rules adopted pursuant to subsection (1) of this section shall be adopted in accordance with ORS chapter 18…
446.322 Issuance of license
Upon receipt of a completed application on an Oregon Health Authority form, required fee, and after representation by the applicant that the facility is in compliance with the provisions of ORS 446.310 to 446.350, and the rules adopted pursuant thereto, and the requirements of the Department of Consumer and Business Services, the authority shall issue a lice…
446.323 Failure to apply for or renew license; transferability of license; refunds
Any person failing to apply for licensing within 30 days after engaging in the recreation park or travelers’ accommodation business is delinquent and shall pay a penalty fee equal to the license fee plus the fee provided in ORS 446.321. Any person, initially licensed under ORS 446.310 to 446.350 for engaging in the recreation park or travelers’ accommodatio…
446.324 Denial, suspension or revocation of license; civil penalty; hearing
If any applicant for licensing or any person to whom a license has been issued fails to comply with the provisions of ORS 446.310 to 446.350 or with the rules adopted pursuant thereto, the Oregon Health Authority may deny issuance of, suspend or revoke the license or assess a civil penalty. Hearings on the denial, suspension or revocation of a license or on…
446.325 Exemptions from license requirement
Persons and public bodies, as defined in ORS 174.109, that operate transitional housing accommodations under ORS 197A.452, timber companies and private utilities may not establish or operate a recreation park without complying with the rules of the Oregon Health Authority and securing the approval of the Director of the Oregon Health Authority or designee bu…
446.330 Rules
In accordance with ORS chapter 183, the Oregon Health Authority may adopt any rules necessary for the administration of ORS 446.310 to 446.350 and 446.990, including but not limited to rules, concerning the construction, operation and use of tourist facilities that are necessary to protect the health and welfare of persons using these facilities. The rules s…
446.335 Inspection of parks and camps; right of access; notice of reopening seasonal facility
The Director of the Oregon Health Authority or designee may inspect every tourist facility to determine whether it conforms with ORS 446.310 to 446.350 and the rules adopted pursuant thereto. A person operating such facility shall permit the director or designee access to all of the facility at any reasonable time. The operator of a seasonal facility which …
446.337 [1981 c.749 §26; 1983 c.707 §18; 1985 c.809 §4; renumbered 456.837 and then 455.680 in 1987]
446.340 Responsibility of owner or operator for sanitary conditions
The owner or operator of a recreation park or organizational camp is responsible for the sanitary condition of the park grounds and buildings. If sanitary facilities are not provided in a recreation park or organizational camp for the safe disposal of sewage or other wastes from a camping vehicle, a notice shall be posted in a conspicuous place stating that…
446.342 [1979 c.789 §4; repealed by 1983 c.707 §29]
446.345 Prohibited acts
No person shall: Use kitchen or toilet facilities in a camping vehicle being operated on a highway or parked overnight at a place where sanitary facilities are not provided unless the person makes provision whereby sewage and other waste materials can be held in watertight and sanitary containers of a type approved by the Oregon Health Authority. Empty a c…
446.347 Civil penalties; notice
In addition to any other penalty provided by law, any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a tourist facility or part thereof may incur a civil penalty not to exceed $1,000 per violation. No civil penalty prescribed under subsection (1) of this section shall be imposed until th…
446.348 Determining amount of penalty; rules; schedule; factors
The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuan…
446.349 Civil penalty
Any civil penalty under ORS 446.348 shall be imposed in the manner provided in ORS 183.745. Failure to remit civil penalty within 10 days after the order becomes final is grounds for license revocation. All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund.
446.350 Tourist Facility Account
The Tourist Facility Account is established in the General Fund of the State Treasury. All moneys received under ORS 446.310 to 446.350 by the Director of the Oregon Health Authority shall be credited to the Tourist Facility Account. All moneys in the account are appropriated continuously to the Oregon Health Authority for the purpose of administering and en…
446.375 [1981 c.190 §2; repealed by 1983 c.707 §29]
446.380 [1989 c.482 §1; renumbered 456.426 in 2019]
446.385 [1989 c.482 §2; renumbered 456.429 in 2019]
446.390 [1989 c.482 §3; renumbered 456.433 in 2019]
446.392 [2005 c.826 §11; renumbered 456.422 in 2019]
LICENSING OF INSTALLERS OF MANUFACTURED DWELLINGS OR CABANAS
446.395 License required; issuance; employment of nonlicensed installer prohibited
Except as provided by rule by the Director of the Department of Consumer and Business Services, an individual must obtain an installer license under ORS 446.400 before installing a manufactured dwelling or cabana. An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and …
446.400 Procedures for licensing; fees
The Department of Consumer and Business Services, subject to approval of the Residential and Manufactured Structures Board, shall issue licenses as provided by department rules adopted under ORS 455.117 to individuals to install manufactured dwellings and cabanas. The board may adopt classifications of installers including, but not limited to, temporary inst…
446.405 Complaint procedure; inspections; rules; fees; failure to obey order of department
If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. Th…
446.410 Use of fees
Fees collected by the Department of Consumer and Business Services pursuant to ORS 446.003 and 446.395 to 446.420 shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423.
446.415 [1989 c.683 §7; 1991 c.67 §121; 1991 c.226 §15; 1991 c.734 §27; 1993 c.744 §63; repealed by 2001 c.411 §31]
446.416 Civil penalty for violation of ORS 446.395 to 446.420 or related rules
The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.395 to 446.420 or rules adopted for the administration and enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.
446.420 License required to maintain action
An installer may not file a lien, or bring or maintain in any court of this state a suit or action, for compensation for the performance of any work requiring a license under ORS 446.003, 446.395 to 446.420 and 455.230 or for the breach of any contract for installation work which is subject to ORS 446.003, 446.395 to 446.420 and 455.230, unless the installer…
446.423 Use of moneys
Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously appropriated to the Department of Consumer and Business Services for carrying out …
446.425 Delegation to county to administer certain sanitation laws; fees
The Director of the Oregon Health Authority shall delegate to any county board of commissioners which requests any of the duties and functions of the director under ORS 446.310, 446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee col…
446.430 Delegation to county or city to administer rules regulating parks; fees
The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee co…
446.435 Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites
Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to: Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use o…
446.440 Application of condominium provisions to parks
The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter. Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purposes of local zoning and planning provisions. Note: 446.440 was enacted into law by the L…
446.510 [1959 c.314 §1; 1961 c.610 §16; repealed by 1973 c.833 §48]
446.515 [1989 c.918 §2; 2005 c.619 §24; 2019 c.625 §15; renumbered 456.407 in 2019]
446.520 [1959 c.314 §2; 1971 c.588 §2; repealed by 1973 c.833 §48]
446.525 [1989 c.918 §3; 1999 c.676 §28; 2007 c.71 §134; 2007 c.906 §43; 2015 c.217 §2; 2019 c.533 §2; 2019 c.625 §§17,23; renumbered 456.418 in 2019]
446.530 [1959 c.314 §3; 1971 c.588 §3; repealed by 1973 c.833 §48]
446.533 [1989 c.918 §4; 2007 c.217 §3; 2019 c.625 §3; renumbered 456.414 in 2019]
446.535 [1971 c.588 §13; repealed by 1973 c.833 §48]
446.537 [1989 c.918 §5; repealed by 1991 c.844 §22]
446.540 [1959 c.314 §4; repealed by 1973 c.833 §48]
446.543 [1989 c.918 §8; 1995 c.28 §1; 1997 c.577 §45; 1999 c.676 §29; 2003 c.21 §3; 2005 c.22 §318; 2007 c.906 §9; 2019 c.625 §4; renumbered 456.403 in 2019]
446.545 [1971 c.588 §9; repealed by 1973 c.833 §48]
446.547 [1989 c.918 §10; 2019 c.625 §16; renumbered 90.769 in 2019]
446.550 [1959 c.314 §5; repealed by 1973 c.833 §48]
446.560 [1959 c.314 §6; repealed by 1973 c.833 §48]
MANUFACTURED STRUCTURE OWNERSHIP RECORDS
446.561 Definitions for ORS 446.566 to 446.646
As used in ORS 446.566 to 446.646: Except as provided in subsection (2) of this section, “manufactured structure” means: A manufactured dwelling. As used in this paragraph, “manufactured dwelling” has the meaning given that term in ORS 446.003 and also includes a structure that would meet the definition in ORS 446.003 except that the structure is being use…
446.566 Ownership document contents
The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services: All ownership interests, for a manufactured structure sold in this state. A change in location, for a manufactured structure that has been sited in this state. The manufactured structure identificati…
446.568 Provision of certain ownership document information to Department of Consumer and Business Services
Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the …
446.570 [1959 c.314 §7; 1971 c.588 §5; repealed by 1973 c.833 §48]
446.571 Ownership document application; records; notice of security interest
Except as provided in paragraph (b) of this subsection, the owner of a manufactured structure shall apply to the Department of Consumer and Business Services for an ownership document. Upon receipt of an application in appropriate form as described in ORS 446.736 (2), the Department of Consumer and Business Services shall issue an ownership document for a ma…
446.575 [1971 c.588 §§11,12,14; repealed by 1973 c.833 §48]
446.576 Manufactured structures not requiring ownership document or recording in county deed records
Notwithstanding ORS 446.566 and 446.571, the following manufactured structures do not require an ownership document and need not be recorded in county deed records: Manufactured structures owned by the United States Government. Manufactured structures held as inventory by the manufacturer or a licensed manufactured structure dealer. Manufactured structure…
446.580 [1959 c.314 §8; repealed by 1973 c.833 §48]
446.581 Abandoned structure ownership transfer; rules
The Department of Consumer and Business Services shall adopt rules to provide for the transference of an ownership document for an abandoned manufactured structure to a landlord pursuant to ORS 90.425 or 90.675 and ORS 446.616 (2). Note: See note under 446.561.
446.586 Definitions for ORS 446.586 to 446.606
As used in ORS 446.586 to 446.606: “Holder or other person” means the manufactured structure owner or other person having an interest in the structure as indicated in the records of the Department of Consumer and Business Services. “Last-known address” means: The address of a holder or other person that is the intended recipient of a notice described in O…
446.590 [1959 c.314 §9; repealed by 1973 c.833 §48]
446.591 Exception to requirement for submitting information; application by escrow agent
An ownership application, information described in ORS 446.736 or an ownership document or other document evidencing ownership and any release thereon under ORS 446.571, 446.616 or 446.641 does not need to be submitted to the Department of Consumer and Business Services as a condition for the department recording an ownership interest in a manufactured struc…
446.596 Notice provided by escrow agent; contents
The escrow agent shall send the notice under ORS 446.591 (4) by certified mail with return receipt requested and by first class mail, both with postage prepaid, to the last-known address of the holder or other person responsible for furnishing the documents and of any person having a perfected security interest. The notice must: Contain a description of the…
446.600 [1959 c.314 §10; 1971 c.588 §5a; 1971 c.650 §23; repealed by 1973 c.833 §48]
446.601 Treatment of application provided by escrow agent
The Department of Consumer and Business Services shall treat an application described in ORS 446.591 (5): As an application for issuance of a replacement or original ownership document that reflects the sale of the manufactured structure or the creation or transfer of the security interest, or as an application to make other changes to an ownership document…
446.606 Prohibition on providing application; escrow agent fees; action for damages
An escrow agent may not provide an application to the Department of Consumer and Business Services under ORS 446.591 (5) if the agent has received a written objection in response to the notice provided under ORS 446.596. An escrow agent may charge the person owning the manufactured structure under the replacement ownership document a reasonable fee for serv…
446.610 [1959 c.314 §§11,12,13,14; 1971 c.734 §64; repealed by 1973 c.833 §48]
446.611 Perfection of security interest in manufactured structure having ownership document
Except as provided in paragraph (b) of this subsection, the exclusive means for perfecting a security interest in a manufactured structure that has an ownership document is by application for and notation of the security interest in the manufactured structure ownership document records of the Department of Consumer and Business Services. The application to h…
446.615 [1971 c.588 §15; repealed by 1973 c.833 §48]
446.616 Transfer of interest in manufactured structure
Except as otherwise provided in subsection (2) or (3) of this section, upon the transfer of any interest in a manufactured structure shown on an ownership document, each person whose interest is released, terminated, assigned or transferred shall acknowledge the release, termination, assignment or transfer of that interest in a manner specified by the Depart…
446.620 [1959 c.314 §15; 1963 c.170 §1; 1971 c.588 §5b; repealed by 1973 c.833 §48]
446.621 Effect of certificate of title or other documentation of ownership
A certificate of title for a manufactured structure issued by the Department of Transportation prior to May 1, 2005, is effective as a document evidencing ownership of the manufactured structure. If the manufactured structure does not have a title pursuant to ORS 308.855 or 308.860 (1969 Replacement Part), a tax record showing that a person has paid the ad v…
446.626 Recording manufactured structures in county deed records; effect on security interest; recording as establishment of real property interest
The owner of a manufactured structure that qualifies under this subsection may apply to the county assessor to have the structure recorded in the deed records of the county. The application must be on a form approved by the Department of Consumer and Business Services. The application must include a description of the location of the real property on which t…
446.630 [1959 c.314 §16; repealed by 1973 c.833 §48]
446.631 Process for moving manufactured structure; fees
A person may not move a manufactured structure to a different situs unless the Department of Consumer and Business Services approves the move and the county assessor issues a trip permit on behalf of the department. An application to move a manufactured structure must be filed in the manner and form required by department rule and include the following: The…
446.635 [1967 c.598 §2; 1971 c.588 §6; repealed by 1973 c.833 §48]
446.636 Manufactured structure trip permits
For a new manufactured structure, the manufactured structure dealer must obtain the trip permit on behalf of the owner. If the dealer fails to obtain the trip permit prior to the scheduled moving date, the vehicle transporter must obtain the trip permit on behalf of the owner. For a used manufactured structure, the owner must obtain a trip permit from the c…
446.640 [1959 c.314 §17; repealed by 1973 c.833 §48]
446.641 Sale of manufactured structure having ownership document or that is exempt structure
If a person sells an ownership interest in a manufactured structure for which there is an ownership document issued under ORS 446.611 or a structure described in ORS 446.621 (1) to (6), the seller shall give notice of the sale to the county assessor for the county in which the structure is sited. The seller’s notice must be on a form approved by the Departm…
446.646 Department of Consumer and Business Services rules; fees; county as agent of department
The Department of Consumer and Business Services may adopt rules necessary for carrying out the duties, functions and powers of the department under ORS 446.566 to 446.646. Except as provided in subsection (4) of this section, the department shall adopt appropriate fees to cover the cost of services rendered under ORS 446.566 to 446.646 by the department an…
446.650 [1959 c.314 §18; repealed by 1973 c.833 §48]
446.655 [1971 c.588 §8; repealed by 1973 c.833 §48]
446.660 [1959 c.314 §19; repealed by 1973 c.833 §48]
MANUFACTURED STRUCTURE DEALERS AND DEALERSHIPS
446.661 Definitions for ORS 446.661 to 446.756
As used in ORS 446.661 to 446.756: “Dealer” has the meaning given that term in ORS 446.003. “Insured institution” has the meaning given that term in ORS 706.008. “Manufactured dwelling” has the meaning given that term in ORS 446.003. “Manufactured structure” means: A manufactured structure, as defined in ORS 446.561; or A recreational vehicle, as defin…
446.666 Regulation of dealers, dealerships and salespersons; inspection of records; rules
The Department of Consumer and Business Services: Shall adopt reasonable rules for regulating manufactured structure dealers and dealerships and maintaining accurate records of manufactured structure ownership and location. The rules may include, but need not be limited to, rules governing the issuance, renewal, suspension, revocation or cancellation of lic…
446.671 Acting as manufactured structure dealer without license; penalty
Except as provided in ORS 446.676, a person commits the crime of acting as a manufactured structure dealer without a license if the person does not have a valid, current manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary or limited manufactured structure dealer license issued under ORS 446.701 or 446.706 and the person: …
446.676 Exceptions to prohibition against unlicensed dealer activity
ORS 446.671 does not apply to the following manufactured structures or persons: A unit of government or a public or private utility. The owner of a manufactured structure, as shown by a document evidencing ownership issued by any jurisdiction if the person owned the manufactured structure for personal, family or household purposes. If the person sells, tra…
446.681 Enjoining unlicensed dealers
The Department of Consumer and Business Services may petition a circuit court for an injunction or other relief against a person dealing in manufactured structures in violation of ORS 446.671. If the court grants the petition, the court shall award reasonable costs and disbursements and attorney and enforcement fees. Note: See note under 446.661.
446.686 Notice of proceeding against alleged unlicensed dealer
If the Department of Consumer and Business Services proceeds under ORS 446.681 or 455.895, the department may post a notice on any manufactured structure held in inventory by a person alleged to be acting as a manufactured structure dealer without a license. The notice must state that the person offering the manufactured structure for sale is currently the s…
446.691 Issuance of dealer license
The Director of the Department of Consumer and Business Services shall issue a manufactured structure dealer license to an applicant if the applicant: Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726; Provides evidence acceptable to the director that the applicant obtained a corporate surety bond as provided…
446.696 Renewal of dealer license
A manufactured structure dealer license is valid for three years, but the Director of the Department of Consumer and Business Services may adjust the term of an initial license for the purpose of establishing uniform expiration dates. A dealer may renew a license as provided by the director. The director may renew a license only if the dealer: Delivers to t…
446.701 Issuance of temporary manufactured structure dealer license
If a licensed manufactured structure dealer dies or becomes incapacitated, the Department of Consumer and Business Services may issue a temporary manufactured structure dealer license to the executor, administrator or personal representative of the estate of the dealer or to an agent of the dealer approved by the department. A temporary license issued under …
446.706 Limited manufactured structure dealer; licensing
A person who holds a limited manufactured structure dealer license issued under this section may sell during a calendar year up to 10 manufactured dwellings located at a manufactured dwelling park identified in the license. The manufactured dwellings sold under a limited manufactured structure dealer license must be dwellings that: Have been abandoned as de…
446.711 Dealer education and testing; rules
In addition to any other requirement for issuance or renewal of a manufactured structure dealer license, the Department of Consumer and Business Services, by rule, may adopt education and testing requirements as a condition for issuance or renewal of a license described in ORS 446.691. A person may satisfy a requirement adopted under subsection (1) of this …
446.716 Additional places of business; supplemental licenses
A licensed manufactured structure dealer may open additional places of business under the same business name by obtaining a supplemental license from the Department of Consumer and Business Services. If the dealer will operate the additional place of business under a different business name than that indicated on an existing dealer license, the dealer must a…
446.721 License fees; use of moneys
The fee for issuance or renewal of a manufactured structure dealer license under ORS 446.691 is $542. The fee for issuance or renewal of a supplemental license under ORS 446.716 is $90 for each additional place of business. The fee for issuance or renewal of a corrected dealer license under ORS 446.716 or corrected limited manufactured structure dealer lic…
446.726 Bond or letter of credit requirements; action against dealer and surety or issuer
A bond or letter of credit required to qualify for issuance or renewal of a manufactured structure dealer license under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701 must comply with the following requirements: The bond must have a corporate surety licensed to do business within this state. A letter of credit …
446.731 Status of licensed dealer
A person who has a current, valid manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701: Is considered the owner of manufactured structures manufactured or dealt in by the dealer before sale and delivery of the manufactured structures, and the owner of all manufacture…
446.736 Transfer of interest by dealer; application information; notice of delay; penalty
Except as provided in subsection (7) of this section, a manufactured structure dealer who transfers an interest in a manufactured structure shall: Submit to the Department of Consumer and Business Services an application for an ownership document on behalf of the purchaser; or If the purchase is being financed, submit sufficient information to a lender to …
446.741 Suspension, revocation or cancellation of license; dealer probation; employment disqualification
The Director of the Department of Consumer and Business Services may revoke or suspend a manufactured structure dealer license, or place a dealer on probation, if the dealer does any of the following: Commits an act that is grounds for suspension, revocation or probation under rules the director adopted. Fails to comply with the requirements for notices or…
446.746 Manufactured structure dealer criminal offenses; penalties
A manufactured structure dealer improperly operates a manufactured structure dealership and is subject to the penalties under this section if the dealer commits any of the following crimes: A manufactured structure dealer commits the crime of failure to obtain a supplemental license if the dealer has a manufactured structure dealer license and opens any add…
446.748 Cease and desist orders; investigative authority of director
If the Director of the Department of Consumer and Business Services has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 446.661 to 446.756 or a rule adopted under ORS 446.661 to 446.756, the director may issue an order directed to the person to cease and desist from the violation or threatened violation. …
446.751 Engaging in illegal consignment practices; penalty
A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following: Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure. Takes a manufactured str…
446.756 Violation of consigned manufactured structure transfer; penalty
A person commits the crime of violation of a consigned manufactured structure transfer if the person consigns a manufactured structure to a manufactured structure dealer and the person fails or refuses to deliver the ownership document for the structure to the dealer or purchaser upon sale of the structure under consignment. Violation of a consigned manufac…
446.990 Penalties
Any individual, or any director, officer, or agent of a corporation who knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or 446.310 to 446.350 in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor. Violation of ORS 446.345 is punishable upon conviction as a Class B misdemeanor.
446.995 Civil penalties for violation of ORS 446.661 to 446.756 or related rules
The Department of Consumer and Business Services may impose a civil penalty as provided in ORS 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS 446.666 to be licensed, if the dealer or person violates a provision of ORS 446.661 to 446.756 or a rule adopted by the depar…