72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1776
House Bill 2966
Sponsored by COMMITTEE ON BUSINESS, LABOR AND CONSUMER AFFAIRS
(at the request of Oregon Landscape Contractors Association)
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.
Modifies definition of landscape contractor regarding persons
making plans for installations. Eliminates licensing exemption
for persons making conceptual drawings and for landscape
designers.
A BILL FOR AN ACT
Relating to landscape contractors; amending ORS 671.520 and
671.540.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 671.520 is amended to read:
671.520. As used in ORS 671.510 to 671.710, unless the context
requires otherwise:
(1) 'Board' means the State Landscape Contractors Board.
(2) 'Landscape contractor' means any person who for
compensation or with the intent to be compensated arranges,
undertakes, offers or contracts to undertake, or submits a bid to
perform activities requiring the art, ability, experience,
knowledge, science and skill to:
(a) { - Plan and - } Install { + or plan with the intent to
install + } lawns, shrubs, vines, trees and other decorative
vegetation including the preparation of property on which the
vegetation is to be installed, and the construction of ornamental
water features and drainage and irrigation systems for decorative
vegetation;
(b) { - Plan and - } Install { + or plan with the intent to
install + } fences, decks, arbors, driveways, walkways and
retaining walls; or
(c) Do any part or any combination of any activity described in
paragraphs (a) and (b) of this subsection.
(3) 'Landscaping business' means any business that offers or
provides, for compensation or with the intent to be compensated,
the services of a landscape contractor.
(4) 'Licensee' means a person or business who is licensed under
ORS 671.510 to 671.710 as a landscape contractor.
(5) 'Nursery stock' means nursery stock as defined by ORS
571.005 and as further defined by the board after public hearing.
(6) 'Ornamental water features' means fountains, ponds,
waterfalls, man-made streams and other decorative water-related
constructions as identified by board rule.
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) - } { + (c) + } 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 - } { + paragraph + } 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) - } { + (d) + } Any landscaping work that is a
casual, minor or inconsequential incident of maintenance of
grounds.
{ - (5) - } { + (e) + } Installation of fences, decks,
arbors, driveways, walkways or retaining walls when performed by
a person or business licensed with the Construction Contractors
Board.
{ - (6) - } { + (f) + } 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) - } { + (g) + } Any owner of property who contracts
for landscaping work to be performed by a landscape contractor.
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) - } { + (h) + } 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) - } { + (i) + } 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) - } { + (j) + } 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) 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. - }
{ - (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. - }
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