Manufactured Dwellings and Structures

ORS 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 (Definitions for ORS 446.310 to 446.350), 446.320 (Tourist facility license required), 446.330 (Rules) to 446.340 (Responsibility of owner or operator for sanitary conditions), 446.345 (Prohibited acts), 446.350 (Tourist Facility Account) and 446.990 (Penalties) if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.


The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the authority for consultation service and maintenance of the statewide program.


In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.560 §21a; 1975 c.790 §1; 1975 c.793 §14; 1983 c.250 §1; 1983 c.370 §3; 1983 c.707 §20; 2009 c.595 §825; 2015 c.736 §92]


Last accessed
Jun. 26, 2021