Bill Text: OR SB189 | 2013 | Regular Session | Enrolled
Bill Title: Relating to manufactured structure dealer licensing; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-05-24 - Effective date, May 16, 2013. [SB189 Detail]
Download: Oregon-2013-SB189-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 189
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Consumer and Business Services)
CHAPTER ................
AN ACT
Relating to manufactured structure dealer licensing; creating new
provisions; amending ORS 446.003 and 446.741; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 446.741 is amended to read:
446.741. (1) The Director of the Department of Consumer and
Business Services may revoke or suspend a manufactured structure
dealer license, or place a dealer on probation, if the dealer
does any of the following:
(a) Commits an act that is grounds for suspension, revocation
or probation under rules the director adopted.
(b) Fails to comply with the requirements for notices or
reports of the transfer of interest in manufactured structures.
(c) Moves a manufactured structure or causes a manufactured
structure to be moved without complying with the requirements for
variance permits under ORS 818.200 and trip permits under ORS
446.631.
(d) Knowingly provides false information on an application for
a dealer license, supplemental license or corrected dealer
license.
(e) Deals in a manufactured structure that both before and
after the sale is assessed as real property under ORS 308.875 or
is recorded in the deed records of a county. This paragraph does
not apply if an ownership document is issued for the manufactured
structure prior to sale.
(f) Employs a person in an administrative or managerial
capacity while the person is disqualified under subsection (5) of
this section.
(g) Fails, in conducting activities of a mortgage loan
originator, to comply with the provisions of:
(A) The Truth in Lending Act, 15 U.S.C. 1601 et seq. { + , + }
and Regulation Z, 12 C.F.R. part { - 226 - } { + 1026 + }, as
in effect on October 1, { - 2009 - } { + 2013 + };
(B) The Real Estate Settlement Procedures Act, 12 U.S.C. 2601
et seq. { + , + } and Regulation X, { - 24 C.F.R. part 3500 - }
{ + 12 C.F.R. part 1024 + }, as in effect on January 1,
{ - 2010 - } { + 2013 + };
Enrolled Senate Bill 189 (SB 189-A) Page 1
(C) The Equal Credit Opportunity Act, 15 U.S.C. 1691 et
seq. { + , + } and Regulation B, 12 C.F.R. { - 202.9, 202.11,
202.12 and 202.14 - } { + part 1002 + }, as in effect on
{ - July 30, 2009 - } { + January 1, 2013 + }; or
(D) { + The S.A.F.E. Mortgage Licensing Act, + } 12 U.S.C.
5101 et seq. { + , + } and { - regulations adopted under 12
U.S.C. 5101 et seq - } { + Regulation H, 12 C.F.R. part 1008,
as in effect on January 1, 2013 + }.
(h) Fails to certify to the director in a form and manner the
director specifies by rule that the dealer has independently
verified that every individual the dealer hired or intends to
hire as a mortgage loan originator meets the requirements set
forth in ORS 86A.200 to 86A.239 and ORS 86A.186.
(i) Employs a device, scheme or artifice to defraud or engage
in an act, practice or course of business that operates or would
operate as a fraud or deceit.
(j) Knowingly makes an untrue statement of a material fact or
omits from a statement a material fact that would make the
statement not misleading in light of the circumstances under
which the dealer makes the statement.
(k) Makes or files or causes to be made or filed with the
director a statement, report or document that the dealer knows is
false in a material respect or matter.
(2) The director shall cancel a manufactured structure dealer
license immediately upon receipt of legal notice that a bond
described under ORS 446.726 or under ORS 86A.227 is canceled.
(3) Upon suspension, revocation or cancellation of a
manufactured structure dealer license under this section, the
director shall demand the return of the license.
(4) The director shall cancel a dealer license or supplemental
license immediately upon receipt of notice that zoning approval
for a place of business has been revoked.
{ - (5) If the director revokes a manufactured structure
dealer license pursuant to subsection (1) of this section, the
director shall disqualify the person whose license is revoked
from obtaining any type of license as a manufactured structure
dealer and from working in an administrative or managerial
capacity for any type of manufactured structure dealer, for a
period of not more than five years after the date the revocation
becomes effective. - }
{ + (5) If the director finds that a violation of subsection
(1)(d), (i), (j) or (k) of this section has occurred, the
director may issue an order under ORS chapter 183 disqualifying,
for up to seven years after the date that the disqualification
becomes effective:
(a) The dealer whose license is revoked from:
(A) Obtaining a license as a manufactured structure dealer; or
(B) Working in an administrative or managerial capacity for a
manufactured structure dealer.
(b) Any other person whose acts or omissions were material to
the events that were the basis for the violation from working in
an administrative or managerial capacity for a manufactured
structure dealer.
(6) If a person who is subject to disqualification or who is
disqualified under subsection (5) of this section elects to pay
restitution to a customer whom the director finds suffered harm
as a result of the violation of subsection (1)(d), (i), (j) or
(k) of this section, the director may choose not to issue an
order of disqualification to the person or may rescind a
previously issued order of disqualification. + }
Enrolled Senate Bill 189 (SB 189-A) Page 2
{ + (7) + } { - If the person - } { + A person who + }
applies for licensing as a manufactured structure dealer
following a period of disqualification under { - this - }
subsection { + (5) of this section + } { - , the person - }
must meet the requirements for issuance of an initial
manufactured structure dealer license.
SECTION 2. ORS 446.003 is amended to read:
446.003. As used in ORS 446.003 to 446.200 and 446.225 to
446.285, and for the purposes of ORS chapters 195, 196, 197, 215
and 227, the following definitions apply, unless the context
requires otherwise, or unless administration and enforcement by
the State of Oregon under the existing or revised National
Manufactured Housing Construction and Safety Standards Act would
be adversely affected, and except as provided in ORS 446.265:
(1) 'Accessory building or structure' means any portable,
demountable or permanent structure established for use of the
occupant of the manufactured structure and as further defined by
rule by the Director of the Department of Consumer and Business
Services.
(2)(a) 'Alteration' means any change, addition, repair,
conversion, replacement, modification or removal of any equipment
or installation that may affect the operation, construction or
occupancy of a manufactured structure.
(b) 'Alteration' does not include:
(A) Minor repairs with approved component parts;
(B) Conversion of listed fuel-burning appliances in accordance
with the terms of their listing;
(C) Adjustment and maintenance of equipment; or
(D) Replacement of equipment or accessories in kind.
(3) 'Approved' means approved, licensed or certified by the
Department of Consumer and Business Services or its designee.
(4) 'Board' means the Residential and Manufactured Structures
Board.
(5) 'Cabana' means a stationary, lightweight structure that may
be prefabricated, or demountable, with two or more walls, used
adjacent to and in conjunction with a manufactured structure to
provide additional living space.
(6) 'Certification' means an evaluation process by which the
department verifies a manufacturer's ability to produce
manufactured structures to the department rules and to the
department approved quality control manual.
(7) 'Conversion' or 'to convert' means the process of changing
a manufactured structure in whole or in part from one type of
vehicle or structure to another.
(8) 'Dealer' means any person engaged in { + the business
of + } selling { + , leasing + } or distributing manufactured
structures or equipment, or both, primarily to persons who in
good faith purchase or lease manufactured structures or
equipment, or both, for purposes other than resale.
(9) 'Department' means the Department of Consumer and Business
Services.
(10) 'Director' means the Director of the Department of
Consumer and Business Services.
(11) 'Distributor' means any person engaged in selling and
distributing manufactured structures or equipment for resale.
(12) 'Equipment' means materials, appliances, subassembly,
devices, fixtures, fittings and apparatuses used in the
construction, plumbing, mechanical and electrical systems of a
manufactured structure.
Enrolled Senate Bill 189 (SB 189-A) Page 3
(13) 'Federal manufactured housing construction and safety
standard' means a standard for construction, design and
performance of a manufactured dwelling promulgated by the
Secretary of Housing and Urban Development pursuant to the
federal National Manufactured Housing Construction and Safety
Standards Act of 1974 (Public Law 93-383).
(14) 'Fire Marshal' means the State Fire Marshal.
(15) 'Imminent safety hazard' means an imminent and
unreasonable risk of death or severe personal injury.
(16) 'Insignia of compliance' means:
(a) For a manufactured dwelling built to HUD standards for such
dwellings, the HUD label; or
(b) For all other manufactured structures, the insignia issued
by this state indicating compliance with state law.
(17) 'Inspecting authority' or 'inspector' means the Director
of the Department of Consumer and Business Services or
representatives as appointed or authorized to administer and
enforce provisions of ORS 446.111, 446.160, 446.176, 446.225 to
446.285, 446.310 to 446.350, 446.990 and this section.
(18) 'Installation' in relation to:
(a) Construction means the arrangements and methods of
construction, fire and life safety, electrical, plumbing and
mechanical equipment and systems within a manufactured structure.
(b) Siting means the manufactured structure and cabana
foundation support and tiedown, the structural, fire and life
safety, electrical, plumbing and mechanical equipment and
material connections and the installation of skirting and
temporary steps.
(19) 'Installer' means any individual licensed by the director
to install, set up, connect, hook up, block, tie down, secure,
support, install temporary steps for, install skirting for or
make electrical, plumbing or mechanical connections to
manufactured dwellings or cabanas or who provides consultation or
supervision for any of these activities, except architects
licensed under ORS 671.010 to 671.220 or engineers registered
under ORS 672.002 to 672.325.
(20) 'Listed' means equipment or materials included in a list,
published by an organization concerned with product evaluation
acceptable to the department that maintains periodic inspection
of production of listed equipment or materials, and whose listing
states either that the equipment or materials meets appropriate
standards or has been tested and found suitable in a specified
manner.
(21) 'Lot' means any space, area or tract of land, or portion
of a manufactured dwelling park, mobile home park or recreation
park that is designated or used for occupancy by one manufactured
structure.
(22)(a) 'Manufactured dwelling' means a residential trailer,
mobile home or manufactured home.
(b) 'Manufactured dwelling' does not include any building or
structure constructed to conform to the State of Oregon
Structural Specialty Code or the Low-Rise Residential Dwelling
Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to
455.630 or any unit identified as a recreational vehicle by the
manufacturer.
(23) 'Manufactured dwelling park' means any place where four or
more manufactured dwellings are located within 500 feet of one
another on a lot, tract or parcel of land under the same
ownership, the primary purpose of which is to rent or lease space
or keep space for rent or lease to any person for a charge or fee
Enrolled Senate Bill 189 (SB 189-A) Page 4
paid or to be paid for the rental or lease or use of facilities
or to offer space free in connection with securing the trade or
patronage of such person. 'Manufactured dwelling park' does not
include a lot or lots located within a subdivision being rented
or leased for occupancy by no more than one manufactured dwelling
per lot if the subdivision was approved by the local government
unit having jurisdiction under an ordinance adopted pursuant to
ORS 92.010 to 92.192.
(24)(a) 'Manufactured home,' except as provided in paragraph
(b) of this subsection, means a structure constructed for
movement on the public highways that has sleeping, cooking and
plumbing facilities, that is intended for human occupancy, that
is being used for residential purposes and that was constructed
in accordance with federal manufactured housing construction and
safety standards and regulations in effect at the time of
construction.
(b) For purposes of implementing any contract pertaining to
manufactured homes between the department and the federal
government, 'manufactured home' has the meaning given the term in
the contract.
(25)(a) 'Manufactured structure' means a recreational vehicle,
manufactured dwelling or recreational structure.
(b) 'Manufactured structure' does not include any building or
structure regulated under the State of Oregon Structural
Specialty Code or the Low-Rise Residential Dwelling Code.
(26) 'Manufacturer' means any person engaged in manufacturing,
building, rebuilding, altering, converting or assembling
manufactured structures or equipment.
(27) 'Manufacturing' means the building, rebuilding, altering
or converting of manufactured structures that bear or are
required to bear an Oregon insignia of compliance.
(28) 'Minimum safety standards' means the plumbing, mechanical,
electrical, thermal, fire and life safety, structural and
transportation standards prescribed by rules adopted by the
director.
(29) 'Mobile home' means a structure constructed for movement
on the public highways that has sleeping, cooking and plumbing
facilities, that is intended for human occupancy, that is being
used for residential purposes and that was constructed between
January 1, 1962, and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of
construction.
(30) 'Mobile home park' means any place where four or more
manufactured structures are located within 500 feet of one
another on a lot, tract or parcel of land under the same
ownership, the primary purpose of which is to rent space or keep
space for rent to any person for a charge or fee paid or to be
paid for the rental or use of facilities or to offer space free
in connection with securing the trade or patronage of such
person. 'Mobile home park' does not include a lot or lots located
within a subdivision being rented or leased for occupancy by no
more than one manufactured dwelling per lot if the subdivision
was approved by the municipality unit having jurisdiction under
an ordinance adopted pursuant to ORS 92.010 to 92.192.
(31) 'Municipality' means a city, county or other unit of local
government otherwise authorized by law to enact codes.
(32) 'Recreational structure' means a campground structure with
or without plumbing, heating or cooking facilities intended to be
used by any particular occupant on a limited-time basis for
recreational, seasonal, emergency or transitional housing
Enrolled Senate Bill 189 (SB 189-A) Page 5
purposes and may include yurts, cabins, fabric structures or
similar structures as further defined, by rule, by the director.
(33) 'Recreational vehicle' means a vehicle with or without
motive power, that is designed for human occupancy and to be used
temporarily for recreational, seasonal or emergency purposes and
as further defined, by rule, by the director.
(34) 'Residential trailer' means a structure constructed for
movement on the public highways that has sleeping, cooking and
plumbing facilities, that is intended for human occupancy, that
is being used for residential purposes and that was constructed
before January 1, 1962.
(35) 'Sale' means rent, lease, sale or exchange.
(36) 'Skirting' means a weather resistant material used to
enclose the space below the manufactured structure.
(37) 'Tiedown' means any device designed to anchor a
manufactured structure securely to the ground.
(38) 'Transitional housing accommodations' means accommodations
described under ORS 446.265.
(39) 'Utilities' means the water, sewer, gas or electric
services provided on a lot for a manufactured structure.
SECTION 3. { + The amendments to ORS 446.003 and 446.741 by
sections 1 and 2 of this 2013 Act apply to transactions between
manufactured structure dealers and customers on and after the
effective date of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
Passed by Senate February 28, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 6, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 189 (SB 189-A) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 189 (SB 189-A) Page 7
