71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1032
 
                         House Bill 2195
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Landscape Contractors Board)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Exempts from regulation by State Landscape Contractors Board
persons making conceptual plans or drawings for sites so long as
sites do not have certain natural features. Conditionally exempts
from regulation by board landscape designers making conceptual
plans or drawings.
 
                        A BILL FOR AN ACT
Relating to landscape design; amending ORS 671.540.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 671.540 is amended to read:
  671.540. ORS 671.510 to 671.710 and 671.990 (2) do not apply
to:
  (1) Any federal or state agency or any political subdivision
performing landscaping on public property.
  (2) Any landscape architect registered pursuant to ORS 671.310
to 671.459 and practicing as provided therein.
  (3) Any landscaping work for which the price of all contracts
for labor, materials and other items for a given job site in a
calendar year is less than $500 and the work is of a casual,
minor or inconsequential nature. This subsection does not apply
to a person who advertises or represents through any manner
including a sign, card or other device which might indicate to
the public that the person is a landscape contractor or a
landscaping business or is qualified to so act.
  (4) Any landscaping work that is a casual, minor or
inconsequential incident of maintenance of grounds.
  (5) Installation of fences, decks, arbors, driveways, walkways
or retaining walls when performed by a person or business
licensed with the Construction Contractors Board.
  (6) Grading of plots and areas of land performed in conjunction
with new or remodeling construction when performed by a person or
business licensed with the Construction Contractors Board.
  (7) Any owner of property who contracts for landscaping work to
be performed by a landscape contractor. This subsection does not
apply to a person who, in pursuit of an independent business,
performs or contracts for the performance of landscaping work
with the intent of offering for sale before, upon or after
completion of the landscaping work, the property upon which the
landscaping work is performed.
  (8) Any landscaping work performed by a person on property that
the person owns or in which the person has a legal interest.
This subsection does not apply to a person who, in pursuit of an
independent business, performs or contracts for the performance
of landscaping work with the intent of offering for sale before,
upon or after completion of the landscaping work, the property on
which the landscaping work is performed.
  (9) A general contractor licensed under ORS chapter 701 who
performs landscaping work if the total value of the landscaping
is less than $2,500 per residential dwelling and the landscaping
work is performed on residential property for which the
contractor is under contract for the construction of a new
dwelling. The State Landscape Contractors Board shall revise the
amount specified in this subsection every five years, beginning
in 2003, based on changes in the Portland Consumer Price Index as
defined in ORS 316.085. This subsection does not apply to a
general contractor performing irrigation work unless the work is
performed pursuant to a permit issued by the local building
official.
  (10) A general contractor licensed under ORS chapter 701 who
performs landscaping work on residential property that is
directly related to local building code requirements or occupancy
ordinances including, but not limited to, the placement of street
trees. This subsection does not apply to a general contractor
performing irrigation work unless the work is performed pursuant
to a permit issued by the local building official.
   { +  (11) A person engaged in making conceptual plans or
drawings for the selection, general placement or use of plants or
other site features, unless the plans or drawings are for sites:
  (a) That include natural drainage channels, streams, wetlands,
marshes or other sensitive natural areas regulated by the local,
state or federal government or that encroach on designated buffer
zones for those areas; or
  (b) Where slopes of 10 percent or greater comprise at least 25
percent of the total site area or directly contribute storm water
to natural drainage channels, streams, wetlands, marshes or other
sensitive natural areas regulated by the local, state or federal
government.
  (12) A person, other than a licensed landscape contractor,
using the title 'landscape designer' in connection with making
conceptual plans or drawings for the selection, general placement
or use of plants or other site features, provided the person
clearly notes on all contracts for services, plans and drawings
that the implementation of, or consultation about the
implementation of, the plans or drawings may require the services
of a professional authorized by law to perform the implementation
or offer the consultation. + }
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