Chapter 659 Oregon Laws 2003

AN ACT

SB 919

Relating to landscaping; amending ORS 671.530 and 671.540.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.530 is amended to read:

671.530. (1) [No] A person [shall] may not operate as a landscape contractor in this state without a valid landscape contractor’s license issued pursuant to ORS 671.560.

(2) [No] A person [shall use the title of landscape contractor, or any title, sign, card or device indicating, or tending to indicate, or] may not represent in any manner that the person is a landscape contractor unless the person has a valid landscape contractor’s license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:

(a) Using the title of landscape contractor, landscape gardener or landscaper or any other title using a form of the word “landscape”; and

(b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscape contractor.

(3) [No] A person [shall] may not operate as a landscaping business in this state [without] unless the person has a valid landscaping business license issued pursuant to ORS 671.560.

(4) [No] A person [shall use the title of landscape business, or any title, sign, card or device indicating, or tending to indicate,] may not advertise or represent in any manner that the person is a landscape business unless the person has a valid landscaping business license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:

(a) Using the title of landscape business or landscaping business; and

(b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscaping business.

(5) A landscape maintenance business may use a form of the word “landscape” in the title of the business only if the title clearly indicates the maintenance nature of the business. For purposes of this subsection, the term “landscape gardening” does not indicate the maintenance nature of a landscape maintenance business.

[(5)] (6) A landscape contractor is authorized to perform landscaping work only while in the employ of a landscaping business licensed and bonded as required by ORS 671.510 to 671.710. If the landscape contractor is the sole proprietor, the contractor must also obtain a license as a landscaping business.

SECTION 2. ORS 671.540 is amended to read:

671.540. (1) ORS 671.510 to 671.710 and 671.990 (2) do not apply to:

[(1)] (a) Any federal or state agency or any political subdivision performing landscaping on public property.

[(2)] (b) Any landscape architect registered pursuant to ORS 671.310 to 671.459, 671.950 and 671.992 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.]

(c) Landscaping work performed by a landscape maintenance business if:

(A) The work is performed for a customer that in a calendar year receives primarily landscape maintenance services from the business;

(B) The value of all labor, materials or other items supplied for landscaping work at a job site does not exceed $500 in a calendar year; and

(C) The landscaping work is of a casual, minor or inconsequential nature, as those terms are defined by the State Landscape Contractors Board by rule.

[(4) Any landscaping work that is a casual, minor or inconsequential incident of maintenance of grounds.]

[(5)] (d) Installation of fences, decks, arbors, driveways, walkways or retaining walls when performed by a person or business licensed with the Construction Contractors Board.

[(6)] (e) 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)] (f) Any owner of property who contracts for landscaping work to be performed by a [landscape contractor] person licensed under ORS 671.560. This [subsection] paragraph 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)] (g) Any landscaping work performed by a person on property that the person owns or in which the person has a legal interest. This [subsection] paragraph 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)] (h) 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] paragraph every five years, beginning in 2003, based on changes in the [Portland] Portland-Salem, OR-WA Consumer Price Index. This [subsection] paragraph 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)] (i) 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] paragraph 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)] (j) 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)] (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)] (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)] (k) 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.

[(13)] (2) As used in this section, “[Portland] Portland-Salem, OR-WA Consumer Price Index” means the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers [(Portland -- all items)] for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. [For purposes of this subsection, the revision of the Consumer Price Index that is the most consistent with the Portland Consumer Price Index for 1986 shall be used.]

Approved by the Governor August 14, 2003

Filed in the office of Secretary of State August 15, 2003

Effective date January 1, 2004

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