Here is the House Bill. From
here.
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 1774
House Bill 2965
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.
Revises prohibition against unlawful use of titles suggesting
person is licensed landscape contractor. Limits provision of
casual, minor and inconsequential landscaping work by landscape
maintenance business.
A BILL FOR AN ACT
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) - } { + (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 { + title, + } 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. { + This paragraph applies to a landscape maintenance
business only for work that is performed for a customer who
receives landscape maintenance services from the business. + }
{ - (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.
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. - }
