ORS 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
Amended by HB 4064
Effective since March 23, 2022
Relating to manufactured structures; creating new provisions; amending ORS 62.803, 90.230, 174.101, 197.286, 197.307, 197.312, 197.314, 197.485, 197.492, 215.010, 307.651, 446.003, 458.352, 458.356 and 458.358 and section 18, chapter 401, Oregon Laws 2019; repealing ORS 446.007; and declaring an emergency.
(1)
“Accessory building or structure” means any portable, demountable or permanent structure established for use of the occupant of the manufactured dwelling and as further defined by rule by the Director of the Department of Consumer and Business Services.(2)
Intentionally left blank —Ed.(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 dwelling.(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 Residential and Manufactured Structures 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 dwelling to provide additional living space.(6)
“Certification” means an evaluation process by which the department verifies a manufacturer’s ability to produce manufactured dwellings to the department rules and to the department approved quality control manual.(7)
“Dealer” means any person engaged in the business of selling, leasing or distributing manufactured dwellings or equipment, or both, primarily to persons who in good faith purchase or lease manufactured dwellings or equipment, or both, for purposes other than resale.(8)
“Department” means the Department of Consumer and Business Services.(9)
“Director” means the Director of the Department of Consumer and Business Services.(10)
“Distributor” means any person engaged in selling and distributing manufactured dwellings or equipment for resale.(11)
“Equipment” means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling.(12)
“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).(13)
“Fire Marshal” means the State Fire Marshal.(14)
“Imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury.(15)
“Insignia of compliance” means the HUD label for a manufactured dwelling.(16)
“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 (Regulation of structures in parks), 446.160 (Inspection), 446.176 (Fees), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.310 (Definitions for ORS 446.310 to 446.350) to 446.350 (Tourist Facility Account), 446.990 (Penalties) and this section.(17)
“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 dwelling.(b)
Siting means the manufactured dwelling 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.(18)
“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 registered under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) or engineers registered under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties).(19)
“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.(20)
“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 dwelling.(21)
Intentionally left blank —Ed.(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, the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.020 (Purpose) or 455.610 (Low-Rise Residential Dwelling Code) or the Small Home Specialty Code adopted under section 2, chapter 401, Oregon Laws 2019.(22)
Intentionally left blank —Ed.(a)
“Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010 (Definitions for ORS chapter 455), that are relocatable and more than eight and one-half feet wide, 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.(b)
“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 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment).(23)
Intentionally left blank —Ed.(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.(24)
“Manufacturer” means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment.(25)
“Manufacturing” means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance.(26)
“Minimum safety standards” means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director.(27)
“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.(28)
“Mobile home park”:(a)
Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined), or a combination thereof, 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.(b)
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 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment).(29)
“Municipality” means a city, county or other unit of local government otherwise authorized by law to enact codes.(30)
“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.(31)
“Sale” means rent, lease, sale or exchange.(32)
“Skirting” means a weather resistant material used to enclose the space below a manufactured dwelling.(33)
“Tiedown” means any device designed to anchor a manufactured dwelling securely to the ground.(34)
“Transitional housing accommodations” means accommodations described under ORS 197.746 (Transitional housing accommodations).(35)
“Utilities” means the water, sewer, gas or electric services provided on a lot for a manufactured dwelling. [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; 2009 c.259 §25; 2009 c.567 §28; 2013 c.161 §2; 2013 c.196 §21; 2019 c.401 §8; 2019 c.422 §1a; 2019 c.585 §7a; 2021 c.260 §6](1)
“Accessory building or structure” means any portable, demountable or permanent structure established for use of the occupant of the manufactured dwelling and as further defined by rule by the Director of the Department of Consumer and Business Services.(2)
Intentionally left blank —Ed.(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 dwelling.(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 Residential and Manufactured Structures 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 dwelling to provide additional living space.(6)
“Certification” means an evaluation process by which the department verifies a manufacturer’s ability to produce manufactured dwellings to the department rules and to the department approved quality control manual.(7)
“Dealer” means any person engaged in the business of selling, leasing or distributing manufactured dwellings or equipment, or both, primarily to persons who in good faith purchase or lease manufactured dwellings or equipment, or both, for purposes other than resale.(8)
“Department” means the Department of Consumer and Business Services.(9)
“Director” means the Director of the Department of Consumer and Business Services.(10)
“Distributor” means any person engaged in selling and distributing manufactured dwellings or equipment for resale.(11)
“Equipment” means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling.(12)
“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).(13)
“Fire Marshal” means the State Fire Marshal.(14)
“Imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury.(15)
“Insignia of compliance” means the HUD label for a manufactured dwelling.(16)
“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 (Regulation of structures in parks), 446.160 (Inspection), 446.176 (Fees), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.310 (Definitions for ORS 446.310 to 446.350) to 446.350 (Tourist Facility Account), 446.990 (Penalties) and this section.(17)
“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 dwelling.(b)
Siting means the manufactured dwelling 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.(18)
“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 registered under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) or engineers registered under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties).(19)
“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.(20)
“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 dwelling.(21)
Intentionally left blank —Ed.(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 455.020 (Purpose), 455.610 (Low-Rise Residential Dwelling Code) or 455.616 (Construction standards for small homes).(22)
Intentionally left blank —Ed.(a)
“Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010 (Definitions for ORS chapter 455), that are relocatable and more than eight and one-half feet wide, 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.(b)
“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 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment).(23)
Intentionally left blank —Ed.(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.(24)
“Manufacturer” means any person engaged in manufacturing, building, rebuilding, altering, converting or assembling manufactured dwellings or equipment.(25)
“Manufacturing” means the building, rebuilding, altering or converting of manufactured dwellings that bear or are required to bear an Oregon insignia of compliance.(26)
“Minimum safety standards” means the plumbing, mechanical, electrical, thermal, fire and life safety, structural and transportation standards prescribed by rules adopted by the director.(27)
“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.(28)
“Mobile home park”:(a)
Means any place where four or more manufactured dwellings, recreational vehicles as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined), or a combination thereof, 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.(b)
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 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment).(29)
“Municipality” means a city, county or other unit of local government otherwise authorized by law to enact codes.(30)
“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.(31)
“Sale” means rent, lease, sale or exchange.(32)
“Skirting” means a weather resistant material used to enclose the space below a manufactured dwelling.(33)
“Tiedown” means any device designed to anchor a manufactured dwelling securely to the ground.(34)
“Transitional housing accommodations” means accommodations described under ORS 197.746 (Transitional housing accommodations).(35)
“Utilities” means the water, sewer, gas or electric services provided on a lot for a manufactured dwelling.
Source:
Section 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, https://www.oregonlegislature.gov/bills_laws/ors/ors446.html.
Notes of Decisions
Vehicle meeting statutory definition of both manufactured dwelling and recreational vehicle, but not identified by manufacturer as recreational vehicle, is manufactured dwelling. Brandes v. Shelley, 129 Or App 68, 877 P2d 670 (1994)
Attorney General Opinions
Subdivision created under statute and ordinance but occupied by mobile homes as mobile home park, (1977) Vol 38, p 1366; mobile homes as “accessory buildings” or “buildings,” (1978) Vol 38, p 2090
Up to date