chapter 671

Chapter 6712003 EDITION

Architect; Landscape Architect, Contractor and Business

ARCHITECTS671.010 Definitions for ORS 671.010 to 671.220671.020 Registration requirement; consulting ar-

chitects; foreign architects; rules; use oftitle; stamp; use of name

671.025 Certain plans to carry stamp; identifica-tion

671.030 Activities not considered as “practice ofarchitecture”

671.041 Practice of architecture by corporations,limited liability companies and partner-ships; exceptions; annual statement of di-rectors or members; documents to bestamped; reciprocity; rules

671.045 Liability of professional corporation671.047 Application of general corporation law to

professional corporations671.050 Application for certificate of registration;

qualifications671.060 Examination of applicants; issuing certif-

icates; rules671.065 Certification of registration without exam-

ination671.080 Annual renewal; fee; effect of failure to

renew; inactive status; rules671.085 Fees; rules671.090 Grounds for denial, suspension or revoca-

tion of certificates671.100 Disciplinary action by board671.105 Hearing required in disciplinary action;

judicial review of board orders671.120 State Board of Architect Examiners;

members; term; chair671.125 Rulemaking authority of board671.220 Civil penalties; injunction; effect of failure

to be licensed; representation of member-ship in trade or professional organization

LANDSCAPE ARCHITECTS671.310 Definitions for ORS 671.310 to 671.459671.312 Purpose of ORS 671.310 to 671.459, 671.950

and 671.992671.316 Registration requirement for practice of

landscape architecture; registration aslandscape architect in training; rules

671.318 Businesses providing landscape architec-ture services

671.321 Activities not considered practice of land-scape architecture

671.325 Application for registration; fee671.335 Examination; qualifications for registra-

tion; rules671.338 Confidentiality of application, examination

and investigatory information671.345 Registration without examination; fee671.365 Fees; rules

671.376 Renewal; fee; late fee; failure to renew;rules; inactive status

671.379 Stamps671.393 Code of professional conduct; rules; publi-

cation; effect; revision671.395 Continuing education; fee671.404 Grounds for refusal to register or renew

or for suspension671.408 Disciplinary actions671.412 Public contract requirements671.415 Rulemaking authority671.425 Reissuance of revoked registration671.442 Arbitration; effect; costs671.445 Investigation of complaints671.447 Persons supplying information to board or

advisory committee671.459 State Landscape Architect Board; mem-

bers; chair; term

LANDSCAPE CONTRACTORS AND BUSINESSES

(Generally)671.510 Short title671.520 Definitions for ORS 671.510 to 671.710

(Licensure)671.525 Applicant required to be independent con-

tractor; classes of registration671.530 Contractor or business license required;

use of title; scope of contractor′s license671.540 Application of ORS 671.510 to 671.710671.550 Authority of board to investigate; confi-

dentiality of information671.555 Investigation of person engaged in land-

scape business; procedures; orders to stopwork

671.560 Issuance of license; limited license; ex-emption

671.565 Landscape business license requirements;fees; employees; bond; insurance; basis forindependent contractor status

671.570 Qualifications for contractor license; fee671.572 Alternative licensing standards for person

licensed as construction contractor671.575 License required to obtain judicial or ad-

ministrative remedy; exception671.578 Suit for damages for misrepresentation;

attorney fees671.580 Contractor license not transferable671.590 Reciprocal contractor licensing671.600 New license required upon change of own-

ership; notification of change of address671.603 Persons required to give notification of

change of address; communications deliv-ered to last-known address

671.605 Effect of change in partners or corporateofficers

Title 52 (2003 Edition)

OCCUPATIONS AND PROFESSIONS

671.610 Grounds for license suspension or revoca-tion or refusal to issue or renew license;injunctive relief; ownership determinationrules; civil penalty

671.613 Sanction for failure to comply with certainlaws

671.615 Installation of irrigation backflow pre-vention devices; qualification rules

671.617 Examination for backflow prevention de-vice installer license

671.625 Minimum standards for contracts andbillings; rules; compliance; effect of non-compliance

(Landscape Contractors Board)671.630 State Landscape Contractors Board; mem-

bers671.650 License fees671.660 Renewal of licenses; effect of lapse; penalty

fees

671.670 Rulemaking authority

(Claims)671.690 Surety bond, letter of credit or other se-

curity671.700 Notice of claim against business671.703 Filing claim against business; hearing; ar-

bitration; rules; board limitations671.707 Actions following final order of board671.710 Priority on satisfaction of claims

PENALTIES671.950 Civil penalties for violations of ORS 671.310

to 671.459671.955 Civil penalties for violations of ORS 671.510

to 671.710; rules671.990 Penalties for violations of ORS 671.010 to

671.220 or 671.530671.992 Criminal penalties for violations of ORS

671.310 to 671.459


ARCHITECT; LANDSCAPE ARCHITECT & CONTRACTOR 671.020

ARCHITECTS671.010 Definitions for ORS 671.010 to

671.220. As used in ORS 671.010 to 671.220,unless the context requires otherwise:

(1) “Architect” means an individual qual-ified and licensed to practice architectureunder ORS 671.010 to 671.220.

(2) “Board” means the State Board ofArchitect Examiners.

(3) “Building” means any structure con-sisting of foundations, floors, walls and roof,having footings, columns, posts, girders,beams, joists, rafters, bearing partitions, ora combination of any number of these parts,with or without other parts or appurtenancesthereto.

(4) “Consulting architect” means a per-son who is licensed by a jurisdiction in theUnited States or Canada to use the title of“Architect” and engage in the unlimitedpractice of architecture and who is not sub-ject to practice restrictions as the result ofdisciplinary action by any architect licensingboard.

(5) “Foreign architect” means a personwho is licensed by a country other than theUnited States or Canada to use the title of“Architect” and engage in the unlimitedpractice of architecture and who is not sub-ject to practice restrictions as a result ofdisciplinary action by the architect licensingboard issuing the license.

(6) “Practice of architecture” means theplanning, designing or supervising of theerection, enlargement or alteration of anybuilding or of any appurtenance theretoother than exempted buildings.

(7) “Registered professional engineer”means a person defined in ORS 672.002 anddescribed in ORS 672.002 to 672.325.

(8) “State Building Code” means theState of Oregon Structural Specialty Codeand Fire and Life Safety Code. [Amended by1957 c.408 §1; 1961 c.585 §1; 1977 c.803 §1; 2003 c.763 §1]

671.020 Registration requirement;consulting architects; foreign architects;rules; use of title; stamp; use of name. (1)In order to safeguard health, safety and wel-fare and to eliminate unnecessary loss andwaste in this state, a person may not prac-tice the profession of architecture or assumeor use the title of “Architect” or any title,sign, cards or device indicating, or tendingto indicate, that the person is practicing ar-chitecture or is an architect or represent inany manner that the person is an architect,without first qualifying before the StateBoard of Architect Examiners and obtaininga certificate of registration as provided byORS 671.010 to 671.220.

(2) Notwithstanding subsection (1) of thissection, a consulting architect may practicethe profession of architecture if the consult-ing architect:

(a) Is affiliated with a board-certified ar-chitect who is in responsible charge of allaspects of the architectural services pro-vided; and

(b) Uses the designation of “ConsultingArchitect, in consultation with,” followed bythe name of the Oregon architect describedin paragraph (a) of this subsection and thename of the architectural firm.

(3) Notwithstanding subsection (1) of thissection, a foreign architect may practice ar-chitecture if:

(a) The foreign architect is affiliated witha board-certified architect who is in respon-sible charge of all aspects of the architec-tural services provided;

(b) The foreign architect uses the desig-nation of “Foreign Architect, in consultationwith,” followed by the name of the Oregonarchitect described in paragraph (a) of thissubsection and the name of the architecturalfirm; and

(c) The board determines that the juris-diction in which the foreign architect is li-censed has adequate education and trainingstandards. The board, by rule, may recognizeagreements between a national certificationorganization and the foreign jurisdiction asproof of education and training standards.

(4) A person may not practice or attemptto practice the profession of architecture, orassume the title of “Architect,” “Consultingarchitect” or “Foreign architect,” or use inconnection with the business of the personany words, letters or figures indicating thetitle of “Architect,” “Consulting architect”or “Foreign architect” without first comply-ing with ORS 671.010 to 671.220.

(5) Every registered architect shall, uponregistration, obtain a stamp of the designauthorized by the board, bearing the nameof the registrant and the legend “RegisteredArchitect, State of Oregon.” All drawingsand the title page of all specifications in-tended for use as construction documents inthe practice of architecture must bear thestamp of a registered architect and be signedby the architect. The stamp and signatureconstitute certification that the architect hasexercised the requisite professional judgmentabout and made the decisions upon all mat-ters embodied within those construction doc-uments, that the documents were preparedeither by the architect or under the directcontrol and supervision of the architect andthat the architect accepts responsibility forthem.


671.025 OCCUPATIONS AND PROFESSIONS

(6) A licensed architect shall pursue theprofession under the architect′s own nameonly, as it appears in the architect′s license,except as provided by ORS 671.041. [Amendedby 1955 c.407 §1; 1957 c.408 §2; 1961 c.585 §4; 1971 c.587§1; 1977 c.803 §2; 1979 c.354 §1; 2003 c.763 §2]

671.025 Certain plans to carry stamp;identification. (1) Any person applying fora license or permit required under the lawsof this state or the ordinances of any juris-diction in which the person proposes toerect, construct, enlarge, alter, repair, move,improve, remove or convert a building shallsubmit an original or reproduction of theplans and specifications for the work pro-posed. The plans and specifications shall bearthe stamp of a registered architect, or of aregistered professional engineer, where theservices of a registered architect or of a reg-istered professional engineer are required bythe provisions of ORS 671.010 to 671.220, andshall be drawn to scale with sufficient clarityto indicate the nature and extent of the workproposed and that the work proposed con-forms to ORS 671.010 to 671.220, StateBuilding Code and to any other applicablelaws and ordinances.

(2) The plans and specifications shallbear identification which shall include, butnot be limited to:

(a) The project name and location;(b) The name, address and telephone

number of the person responsible for thepreparation of the documents;

(c) The name, address and telephonenumber of the owner; and

(d) The date the documents were issued.(3) Each jurisdiction which requires the

issuance of a permit as a condition precedentto the construction, alteration, improvementor repair of any building or structure shallrequire the signature and registration stampon the plans and specifications from a personallowed under the provisions of this sectionto prepare the plans and specifications.

(4) The registration stamp and signatureon the plans and specifications of a personregistered under this section to prepare theplans and specifications shall constitutecompliance with this section.

(5) The provisions under this sectionshall not apply to the issuance of permitswhere the preparation of plans and specifi-cations for the construction, alteration, im-provement or repair of a building orstructure is exempt from the provisions ofthis section except that the person preparingthe plans and specifications for others shallbe so identified. [1961 c.585 §3; 1977 c.803 §3; 1991c.910 §1]

671.030 Activities not considered as“practice of architecture.” (1) ORS 671.010to 671.220 do not apply to the practice ofnaval or landscape architecture or of engi-neering by a registered professional engineeror a person engaged in architecture or engi-neering work as an employee of an architector registered professional engineer.

(2) ORS 671.010 to 671.220 do not pro-hibit:

(a) Draftsmen, clerks of the work, super-intendents and other employees of registeredarchitects and registered professional engi-neers from acting under the instructions,control or supervision of their employers. Adraftsman, clerk, superintendent or otheremployee may not use the designation “ar-chitect,” “architectural” or “architecture”unless licensed under the provisions of ORS671.010 to 671.220, or unless a title contain-ing the designation is provided by rule of theState Board of Architect Examiners.

(b) A person from making plans or spec-ifications for, or supervising the erection,enlargement or alteration of, a building, oran appurtenance thereto, if the building:

(A) Is to be used for a single family resi-dential dwelling or farm building; or

(B) Is a structure used in connectionwith or auxiliary to a single family residen-tial dwelling or farm building, including butnot limited to a three-car garage, barn orshed or a shelter used for the housing of do-mestic animals or livestock.

(c) A person from making plans or spec-ifications for, or supervising the erection,enlargement or alteration of, a building, oran appurtenance thereto, if the building hasa ground area of 4,000 square feet or less andis not more than 20 feet in height from thetop surface of lowest flooring to the highestinterior overhead finish of the structure.

(d) A person from planning, designing,specifying or supervising the alterations orrepairs to a building if:

(A) The structural part of the building,including but not limited to the foundationwalls, floors, roof, footings, bearing parti-tions, beams, columns and joists, is not in-volved;

(B) The building code classification byuse or occupancy of the building is notchanged; and

(C) The building code classification bytype of construction of the building is notchanged.

(e) A contractor or duly appointed super-intendent or foreman from directing thework of erecting, enlarging or altering abuilding, or an appurtenance thereto, under



the supervision of a registered architect orregistered professional engineer.

(f) A person practicing marine, naval orlandscape architecture from purporting to bea marine, naval or landscape architect if thework is confined and limited to those classi-fications.

(g) A construction contractor licensedunder ORS chapter 701 from offering servicesconstituting the practice of architecture if:

(A) The services are appurtenant to con-struction services to be provided by the con-tractor;

(B) The services constituting the practiceof architecture are performed by an architector architects registered under ORS 671.010to 671.220; and

(C) The offer by the construction con-tractor discloses in writing that the contrac-tor is not an architect and identifies theregistered architect or architects who willperform the services constituting the prac-tice of architecture. [Amended by 1955 c.407 §2;1957 c.408 §3; 1987 c.158 §134; 1991 c.910 §2; 2001 c.362§1; 2003 c.763 §3]

671.040 [Amended by 1961 c.585 §5; 1965 c.303 §1;repealed by 1969 c.596 §1 (671.041 enacted in lieu of671.040)]

671.041 Practice of architecture bycorporations, limited liability companiesand partnerships; exceptions; annualstatement of directors or members; doc-uments to be stamped; reciprocity; rules.(1) A corporation, limited liability companyor partnership may engage in the practice ofarchitecture in this state under a corporateor assumed business name if the directors ofthe corporation representing at least a two-thirds percentage of the board of directors,the members of the limited liability companyholding at least a two-thirds ownership in-terest or the partners of the partnershipholding at least a two-thirds ownership in-terest are registered or licensed as architectsor as engineers in any jurisdiction recog-nized by rule of the State Board of ArchitectExaminers or the State Board of Examinersfor Engineering and Land Surveying andprovided that:

(a) The directors of the corporation re-presenting at least a one-third percentage ofthe board of directors, the members of thelimited liability company holding at least aone-third ownership interest or the partnersof the partnership holding at least a one-third ownership interest shall be architectsregistered or licensed in any jurisdiction re-cognized by rule of the State Board of Ar-chitect Examiners and that all persons incharge of the practice of architecture in thisstate for the corporation, limited liabilitycompany or partnership shall be:

(A) Members of the board of directors ofthe corporation, members of the limited li-ability company or partners of the partner-ship;

(B) Regularly employed in the office ofthe corporation, limited liability company orpartnership that directs and has supervisorycontrol of the practice of architecture in thisstate; and

(C) Registered as architects under ORS671.010 to 671.220;

(b) A corporate or assumed businessname does not include the surname of an in-dividual who is not presently or was notpreviously associated in the practice of ar-chitecture or engineering in this state or inany jurisdiction recognized by rule of theState Board of Architect Examiners or theState Board of Examiners for Engineeringand Land Surveying with the named entityor its members or predecessors; and

(c) The corporate or assumed businessname identifies the corporation, limited li-ability company or partnership as being en-gaged in the practice of architecture.

(2) The president of a corporation, thesenior member of a limited liability companyor the senior partner of a partnership prac-ticing architecture under an assumed nameshall file annually during the month of Jan-uary with the State Board of Architect Ex-aminers a statement containing the namesof all directors of the corporation, all mem-bers of the limited liability company or allpartners of the partnership. The statementshall indicate whether the directors, mem-bers or partners are registered or licensedarchitects or engineers and shall list the ju-risdictions in which they are registered orlicensed. The statement shall also indicatethe ownership interest of each member of alimited liability company or of each partnerof a partnership.

(3) All professional documents issued bythe corporation, limited liability company orpartnership that are required by ORS 671.010to 671.220 to bear the stamp of an architectshall bear the stamp of the architect respon-sible for the preparation thereof and shallalso bear the corporate or assumed businessname of the corporation, limited liabilitycompany or partnership.

(4) Notwithstanding the provisions ofsubsection (1) of this section, a professionalcorporation that existed on September 29,1991, may engage in the practice of architec-ture if the stockholders owning a majorityof the stock of the corporation are registeredas architects under ORS 671.010 to 671.220or professional engineers under ORS 672.002to 672.325.

(5) As used in this section:



(a) “Corporation” includes a domesticprivate corporation, foreign private corpo-ration, domestic cooperative corporation, for-eign cooperative corporation, domesticprofessional corporation and foreign profes-sional corporation.

(b) “Partnership” includes a domesticgeneral partnership, foreign general partner-ship, domestic limited partnership, foreignlimited partnership, domestic registered lim-ited liability partnership and foreign regis-tered limited liability partnership.

(6) In adopting rules required by thissection, the State Board of Architect Exam-iners or the State Board of Examiners forEngineering and Land Surveying shall rec-ognize jurisdictions that enforce require-ments for registration or licensing ofarchitects or engineers that are substantiallyequal to the requirements for registration orlicensing of architects or engineers in thisstate. [1969 c.596 §2 (enacted in lieu of 671.040); 1971c.587 §2; 1977 c.803 §4; 1985 c.764 §2; 1991 c.910 §3; 1995c.327 §§1,6]

671.045 Liability of professional corpo-ration. ORS 671.041 to 671.047 do not affectthe law applicable to the professional re-lationship and liabilities between a personrendering professional service and a personreceiving the service, and ORS 671.041 to671.047 do not affect the standards of profes-sional conduct of a profession. A share-holder, director, officer, employee or agentof a professional corporation may be heldpersonally liable for negligent or wrongfulacts or misconduct committed by that person,or by a person under the direct supervisionand control of that person, while renderingprofessional service on behalf of the corpo-ration to a person receiving the service thesame as though the service was being ren-dered by an individual. A shareholder, direc-tor or officer may also be held liable fornegligent or wrongful acts or misconduct inparticipation with such acts or misconductof another shareholder, director or officer ofthe corporation. The corporation is jointlyand severally liable up to the full value of itsassets for such acts or misconduct. However,the shareholders, directors, officers, em-ployees and agents of the corporation are notpersonally liable for the debts or other con-tractual obligations of the corporation. [1969c.596 §3; 1977 c.803 §5; 1991 c.910 §4; 1997 c.249 §203]

671.047 Application of general corpo-ration law to professional corporations.The Oregon Business Corporation Act is ap-plicable to professional corporations and theyenjoy the powers and privileges and are sub-ject to the duties, restrictions and liabilitiesof corporations organized under the OregonBusiness Corporation Act, except when in-consistent with ORS 671.041 to 671.047. ORS

671.041 to 671.047 takes precedence in theevent of any conflict with provisions of theOregon Business Corporation Act or otherlaw. [1969 c.596 §4; 1977 c.803 §6]

671.050 Application for certificate ofregistration; qualifications. (1) Any persondesiring the right to practice architecture inthe State of Oregon shall make applicationto the State Board of Architect Examiners15 days prior to any meeting of the boardupon such forms and in such manner as maybe provided by the board. In addition to thequalifications required by ORS 671.010 to671.220, each applicant shall be at least 18years of age.

(2) Each applicant for a certificate ofregistration shall pay to the board the re-quired fee. [Amended by 1973 c.827 §62; 1973 c.832§21; 1974 s.s. c.36 §20; 1977 c.803 §7]

671.060 Examination of applicants; is-suing certificates; rules. (1) Examinationsof applicants for certificates of registrationshall be made by the State Board of Archi-tect Examiners according to the methoddeemed by it to be the most practicable totest the applicants′ qualifications. Examina-tions shall be written or oral or both writtenand oral and shall cover such subjects andbe graded on such basis as the board shalldetermine by administrative rule. The boardmay adopt the examination and the recom-mended grading procedures of the NationalCouncil of Architectural RegistrationBoards. The board shall prescribe the mini-mum educational and experience require-ments for applicants by administrative rule.

(2) A certificate of registration shall begranted to all applicants who after the ex-aminations are, in the opinion of a majorityof the board, properly qualified. A certificateshall be denied to applicants who, in theopinion of the majority of the board, are notproperly qualified. [Amended by 1973 c.832 §22]

671.065 Certification of registrationwithout examination. (1) The State Boardof Architect Examiners may grant a certif-icate of registration without examination toany person who is not registered to practicearchitecture in this state but is certified bythe National Council of Architectural Regis-tration Boards or has lawfully been issued alicense or certificate to practice in anotherjurisdiction of the United States or anothercountry that has qualifications and licensingexaminations substantially similar to thoserequired in this state.

(2) A person who seeks to practice ar-chitecture in this state and meets the re-quirements for certification in subsection (1)of this section may offer to render architec-tural services without being issued a certif-icate of registration by the board, if the



architect advises the prospective client andthe board in writing and submits an applica-tion for registration in this state. The personmay use the title of “Architect” while offer-ing to render architectural services, but maynot represent that the person is qualified topractice under ORS 671.010 to 671.220. [1977c.803 §9; 2003 c.763 §4]

671.070 [Repealed by 1977 c.803 §18 and 1977 c.842§14]

671.080 Annual renewal; fee; effect offailure to renew; inactive status; rules. (1)Each registrant who desires to continue asan architect in this state shall annually sub-mit to the State Board of Architect Examin-ers, on or before the renewal deadlineestablished by board rule, a renewal applica-tion and the renewal fee authorized underORS 671.085. The registrant shall also fur-nish evidence satisfactory to the board thatthe registrant has complied with any contin-uing education requirements adopted by theboard under ORS 671.125, unless those re-quirements have been waived. Upon paymentand, if required, the furnishing of satisfac-tory evidence, the board shall issue to theregistrant a certificate of renewal of regis-tration for a period of one year.

(2) If a registrant fails to have a certif-icate renewed on or before the renewaldeadline established by board rule, the regis-trant is delinquent. The registrant may re-new the certificate not later than the 30thday after the renewal date, without penalty,if the registrant pays the renewal fee andfurnishes evidence satisfactory to the boardthat the registrant has complied with anycontinuing education requirements adoptedby the board under ORS 671.125, unless thoserequirements have been waived. The regis-trant may renew the certificate after the30th day after the renewal date, if the regis-trant pays the renewal fee plus a late fee inan amount to be prescribed by the board byrule, and furnishes evidence satisfactory tothe board that the registrant has compliedwith any continuing education requirementsadopted by the board under ORS 671.125, un-less those requirements have been waived.

(3) Any person who fails to pay the re-newal fee, with any late fees, or fails to fur-nish evidence satisfactory to the board thatthe registrant has complied with any contin-uing education requirements adopted by theboard under ORS 671.125, unless those re-quirements have been waived, for a period of60 days, forfeits the right to practice archi-tecture in this state. The person may bereinstated as an architect only upon passingexaminations required by the board, by com-plying with any continuing education re-quirements adopted by the board under ORS671.125 and by paying any required fees andpenalties.

(4) The board may grant inactive statusto any registered architect who gives up thepractice and while in good standing makes arequest in writing to the board. The archi-tect may resume practice by complying withany continuing education requirementsadopted by the board under ORS 671.125 andpaying any required fees and penalties.[Amended by 1957 c.408 §4; 1973 c.832 §23; 1977 c.803 §10;1977 c.873 §2a; 1991 c.910 §5; 1997 c.643 §10; 1999 c.802§§2,3; 2003 c.763 §5]

671.085 Fees; rules. In addition to anyother fee imposed by the State Board of Ar-chitect Examiners by rule, the board mayimpose fees for the following:

(1) Registration.(2) Renewal.(3) Filing an application for Architectural

Registration Examination.(4) Architectural Registration Examina-

tion, resident and nonresident.(5) Reciprocal application.(6) Duplicate certificate.(7) Corporation renewal.(8) Corporation registration. [1973 c.832 §20;

1977 c.803 §11; 1981 c.121 §3; 1983 c.50 §1; 1989 c.795 §1;1991 c.703 §17; 1997 c.643 §11; 2003 c.14 §412; 2003 c.763§6]

671.090 Grounds for denial, suspensionor revocation of certificates. The StateBoard of Architect Examiners may refuse togrant, reinstate or renew, or may suspend orrevoke, a certificate of registration to prac-tice architecture in this state upon proof ofone or more of the following grounds:

(1) Using fraud or deception in applyingfor a certificate of registration or in passingan examination as provided in ORS 671.010to 671.220.

(2) Falsely impersonating a practitioneror former practitioner.

(3) Practicing under an assumed, ficti-tious, or a corporate name contrary to theprovisions of ORS 671.010 to 671.220.

(4) Demonstrating fraud, deceit, grossnegligence, incompetency or misconduct inthe practice of architecture.

(5) Willfully evading or attempting toevade any law, ordinance, code or regulationof the state, or counties and cities of thisstate, governing construction of buildings.

(6) Stamping or signing any plans, spec-ifications or drawings that were not preparedby the architect or under the architect′s di-rect control and supervision.

(7) Unbeknown to a party for whom thearchitect is doing work, receiving rebates,commissions, grants of moneys or favorswhich the architect is not entitled to or jus-tified in receiving.



(8) Practicing contrary to the provisionsand requirements of ORS 671.010 to 671.220.

(9) Failing to comply with any continuingeducation requirements adopted by the boardunder ORS 671.125, unless the requirementshave been waived by the board.

(10) Being convicted of any crime undercircumstances that relate to the practice ofarchitecture.

(11) Being the subject of disciplinary ac-tion taken by another jurisdiction. [Amendedby 1973 c.832 §24; 1977 c.803 §12; 1979 c.354 §2; 1999 c.802§5; 2003 c.165 §1]

671.100 Disciplinary action by board.(1) The State Board of Architect Examinersmay revoke, suspend or annul the certificateof registration to practice architecture inthis state of an architect, or reprimand,censure or otherwise discipline an architect,as provided in this section.

(2) Any person may prefer chargesagainst a holder of a certificate of registra-tion to practice architecture. The chargesshall be in writing and sworn to by the com-plainant. They shall be forwarded to theboard which shall act on the charges at itsnext regular meeting. [Amended by 1971 c.734§105]

671.105 Hearing required in discipli-nary action; judicial review of board or-ders. (1) Where the State Board of ArchitectExaminers proposes to refuse to issue or re-new a license, or proposes to revoke or sus-pend a license, or to reprimand, censure orotherwise discipline an architect, opportunityfor hearing shall be accorded as provided inORS chapter 183.

(2) Judicial review of orders under sub-section (1) of this section shall be as pro-vided in ORS chapter 183. [1971 c.734 §107]

671.110 [Amended by 1955 c.407 §3; repealed by 1971c.734 §21]

671.120 State Board of Architect Ex-aminers; members; term; chair. The StateBoard of Architect Examiners shall operateas a semi-independent state agency subjectto ORS 182.456 to 182.472 for the purpose ofcarrying out ORS 671.010 to 671.220. Theboard shall be composed of seven membersappointed by the Governor to four-year termswith three terms maximum. The chair of theboard shall be elected by the board fromamong the current members. The board shallhave as members:

(1) Five architects who are residents ofOregon and who have resided in this statefor a period of not less than five years; and

(2) Two members of the general public.[Amended by 1963 c.580 §24; 1971 c.753 §25; 1977 c.803§13; 1981 c.121 §2; 1987 c.414 §41; 1991 c.910 §6; 1993 c.18§144; 1997 c.643 §12; 1999 c.1084 §57]

671.125 Rulemaking authority ofboard. In accordance with any applicableprovisions of ORS chapter 183, the StateBoard of Architect Examiners may:

(1) Adopt reasonable rules necessary forthe administration of the laws the board ischarged with administering; and

(2) Adopt reasonable rules prescribingstandards of professional conduct for archi-tects and rules requiring continuing profes-sional education for architects. In adoptingrules under this subsection, the board shallgive consideration to national standards andpractices as a means of facilitating reciprocallicensing of architects among jurisdictionsrecognized by the board. The board shall alsoconsider local practices. [1977 c.803 §15; 1999 c.802§1]

671.130 [Amended by 1963 c.580 §25; repealed by1971 c.753 §74]

671.140 [Amended by 1969 c.596 §5; repealed by 1971c.753 §74]

671.150 [Amended by 1957 c.408 §5; 1969 c.596 §6;repealed by 1971 c.753 §74]

671.160 [Repealed by 1971 c.753 §74]671.165 [1961 c.431 §27; repealed by 1971 c.753 §74]671.170 [Amended by 1961 c.585 §6; repealed by 1971

c.753 §74]671.180 [Repealed by 1961 c.585 §8]671.190 [Amended by 1957 c.408 §6; 1969 c.314 §73;

repealed by 1971 c.753 §74]671.200 [Repealed by 1971 c.753 §74]671.210 [Amended by 1955 c.407 §4; repealed by 1971

c.753 §74]

671.220 Civil penalties; injunction; ef-fect of failure to be licensed; represen-tation of membership in trade orprofessional organization. (1) Any personwho violates any provision of ORS 671.010 to671.220 or any rule promulgated thereundershall be assessed a civil penalty of not morethan $5,000 for each offense. The provisionsof this section are in addition to and not inlieu of any other penalty or sanction pro-vided by law.

(2) If the State Board of Architect Exam-iners decides that any person has or is aboutto engage in an activity that is or will be aviolation of any provision of ORS 671.020 or671.041, the board may institute a proceedingin an appropriate circuit court to restrainthe activity or proposed activity. An injunc-tion may be issued without proof of actualdamages, but does not relieve the defendantfrom criminal prosecution for violation ofORS 671.010 to 671.220.

(3) No person, partnership, limited liabil-ity company or corporation practicing archi-tecture is entitled to maintain a proceedingin any court of this state relating to servicesin practicing architecture unless it is allegedand proven that the person, partnership, lim-ited liability company or corporation was li-



censed to practice architecture under ORS671.010 to 671.220 at the time services wererendered.

(4) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(5) Nothing in ORS 671.010 to 671.220shall be construed to prevent any personfrom representing the person′s membershipor affiliation with any bona fide professionalor trade organization unless such represen-tation is made to advance that person′s unli-censed practice or unlawful attempt topractice the profession of architecture.

(6) Notwithstanding ORS 670.335, civilpenalties recovered under this section shallbe deposited into an account established bythe board as provided in ORS 182.470. Mon-eys deposited are appropriated continuouslyto the board and shall be used only for theadministration and enforcement of ORS182.456 to 182.472 and 671.010 to 671.220.[Amended by 1961 c.585 §7; 1977 c.803 §16; 1983 c.389 §3;1989 c.795 §§2,5; 1991 c.734 §64; 1995 c.327 §2; 1995 c.762§1; 1997 c.643 §13; 1999 c.1084 §58]

LANDSCAPE ARCHITECTS671.310 Definitions for ORS 671.310 to

671.459. As used in ORS 671.310 to 671.459,unless the context requires otherwise:

(1) “Board” means the State LandscapeArchitect Board.

(2) “Design” means layout, form and es-tablishment of grades and tangible site fea-tures for services described in subsection (5)of this section.

(3) “Landscape architect” means an indi-vidual who engages in the practice of land-scape architecture.

(4) “Landscape architect in training”means a person registered as a landscape ar-chitect in training under ORS 671.316 (3).

(5) “Landscape architecture” or the“practice of landscape architecture” meansthe performance of, or offer to perform, pro-fessional services that have the dominantpurpose of landscape preservation, develop-ment and enhancement, including but notlimited to reconnaissance, research, plan-ning, landscape and site design, the prepara-tion of related drawings, constructiondocuments and specifications and responsibleconstruction observation. “Landscape archi-tecture” or the “practice of landscape archi-tecture” includes the location, arrangementand design of tangible objects and featuresthat are incidental and necessary for land-scape preservation, development and en-hancement.

(6) “Landscape preservation, developmentand enhancement” means:

(a) The preservation and aesthetic andfunctional enhancement of land uses and na-tural land features;

(b) The location and construction of aes-thetically pleasing and functional systems,approaches and settings for structures,roadways and walkways or other improve-ments for natural drainage and erosion con-trol;

(c) Design for trails, pedestrian systems,plantings, irrigation, site lighting, gradingand drainage and other site features;

(d) Investigation, selection and allocationof land and water resources for appropriateuses;

(e) Feasibility studies;(f) Formulation of graphic and written

criteria to govern the planning and design ofland conservation programs;

(g) Preparation, review and analysis ofmaster plans for land use and development;

(h) Production of overall site plans, plansfor grading, drainage, irrigation and planting,and related construction details;

(i) Development specifications, cost esti-mates and reports;

(j) Collaboration in the design of roads,bridges and structures with respect to thefunctional and aesthetic requirements of theareas where the roads, bridges and struc-tures are to be placed;

(k) Negotiation and arrangement for exe-cution of land area projects; and

(L) Field observation of land area con-struction, restoration and maintenance.

(7) “Registered landscape architect”means a person registered as a landscape ar-chitect under ORS 671.310 to 671.459.

(8) “Site features” means constructedsurfaces, steps, retaining walls, fences,arbors, trellises, benches, decks, fountains,ponds, waterways, pools or other physical el-ements constructed or proposed for con-struction in the landscape. [1961 c.431 §1; 1963c.580 §31; 1981 c.536 §1; 1983 c.455 §1; 1987 c.414 §42; 2001c.950 §11; 2003 c.14 §413]

671.312 Purpose of ORS 671.310 to671.459, 671.950 and 671.992. ORS 671.310 to671.459, 671.950 and 671.992 are enacted inorder to introduce qualifying criteria in theprofessional practice of landscape architec-ture. This action is necessary to safeguardpublic health, safety, welfare and propertyand to eliminate unnecessary loss and wastein this state. These safeguards are in thepractice of landscape architecture as it re-lates to engineering, architecture, groundwater, land use planning, landscape hazards,the further development of the practice oflandscape architecture and the landscape ar-



chitectural concerns of the people of thisstate. [1983 c.455 §3; 1995 c.189 §1; 2001 c.950 §12]

671.315 [1981 c.536 §2; 1995 c.189 §2; repealed by 2001c.950 §23]

671.316 Registration requirement forpractice of landscape architecture; regis-tration as landscape architect in training;rules. (1) Except as provided in this section,unless an individual is registered as a land-scape architect by the State Landscape Ar-chitect Board, the individual may not engagein the practice of landscape architecture.Unless an individual is registered as a land-scape architect by the board, the individualmay not use the title of “landscapearchitect,” “registered landscape architect”or “landscape architectural designer” or useother titles or any words, letters, figures,signs, cards, advertisements, symbols orother devices to represent that the individualor a business associated with the individualis authorized to practice landscape architec-ture.

(2) A person may not knowingly aid orabet an individual who is not registered asrequired under this section in the practiceof landscape architecture.

(3) Notwithstanding subsections (1) and(2) of this section, the board may register aperson as a landscape architect in trainingif the person meets the education and expe-rience standards established by board ruleand passes a board approved examination.The board shall adopt rules establishing feesand specifying the qualifications, duties,functions and powers of a landscape archi-tect in training. [2001 c.950 §2]

671.318 Businesses providing land-scape architecture services. A businessmay not provide landscape architecture ser-vices unless the work is under the full au-thority and responsible charge of a registeredlandscape architect who is also an owner orofficer of the business. A business shall filea form with the State Landscape ArchitectBoard identifying responsible landscape ar-chitects by name and registration number.The filing must also describe the servicesthat the business is offering to the public.The filing must be in a form prescribed bythe board. The business shall notify theboard in writing no later than 30 days aftera change of registered owners or officers ora change of business name or address. [2001c.950 §3]

671.320 [1961 c.431 §2; repealed by 1977 c.842 §10]

671.321 Activities not considered prac-tice of landscape architecture. (1) ORS671.310 to 671.459, 671.950 and 671.992 do notrestrict or otherwise affect the right of anyperson to:

(a) Practice architecture under ORS671.010 to 671.220;

(b) Practice engineering under ORS672.002 to 672.325;

(c) Engage in the occupation of growingand marketing nursery stock, or use the title“nurseryman” or “landscape nurseryman”;

(d) Operate as a landscape contractor orlandscaping business under ORS 671.510 to671.710 or use the title “landscapecontractor”;

(e) Perform work described under ORS671.540;

(f) Engage in making plans or drawingsfor the selection, placement or use of plantsor other site features unless the plans ordrawings are for the purpose of providingconstruction details and specifications nototherwise exempted;

(g) Use the title “landscape designer” inconnection with activities described underparagraph (f) of this subsection;

(h) Make any plans, drawings or specifi-cations for property owned by that person;or

(i) Provide recommendations or writtenspecifications for soil amendments or plant-ing mediums if the recommendations orspecifications are solely for purposes of plantinstallation and do not significantly alter thestability of the soil profile or surface drain-age patterns.

(2) The scope of services described inORS 671.310 (5) and (6) does not preclude aregistered landscape architect from:

(a) Planning the development of landareas and elements used on land areas; or

(b) Performing services described in ORS671.310 (5) and (6) in connection with thesettings, approaches or environment forbuildings, structures or facilities in accor-dance with legally established standards forpublic health, safety and welfare.

(3) ORS 671.310 to 671.459, 671.950 and671.992 do not apply to:

(a) The preparation of detailed or shopdrawings that a construction contractor isrequired to furnish or the administration ofconstruction contracts by a person custom-arily engaged in contracting work.

(b) The preparation of technical sub-missions or the administration of construc-tion contracts by employees of a landscapearchitect or a landscape architecture busi-ness when acting under the direct super-vision of a registered landscape architect.

(c) Employees of the federal governmentacting within the scope of that employment.[2001 c.950 §5]



671.325 Application for registration;fee. (1) Any individual desiring to be regis-tered as a landscape architect in this stateshall make application to the State Land-scape Architect Board 15 days prior to anymeeting of the board upon such forms and insuch manner as may be provided by theboard. In addition to the qualifications re-quired by ORS 671.310 to 671.459, each ap-plicant shall be at least 18 years of age.

(2) Each applicant for a certificate ofregistration shall pay to the board the feerequired under ORS 671.365. [1981 c.536 §3; 1987c.414 §42a; 1995 c.189 §3; 2003 c.14 §414]

671.330 [1961 c.431 §§4,5; 1973 c.832 §24a; 1975 c.429§19; repealed by 1977 c.842 §10]

671.335 Examination; qualificationsfor registration; rules. (1) Examination ofan applicant for a certificate of registrationshall be made by the State Landscape Archi-tect Board according to the method deemedby it to be the most practicable to test theapplicant′s qualification. Examinations shallbe written or oral or both written and oraland shall cover such subjects and be gradedon such basis as the board shall determineby rule. The board may adopt the examina-tion and the recommended grading proce-dures of the Council of LandscapeArchitectural Registration Boards or thestandards and procedures of any other land-scape architect association. The board shallprescribe the minimum education and expe-rience requirements for applicants by admin-istrative rule.

(2) A certificate of registration shall begranted to any applicant who after the ex-amination is, in the opinion of the board,properly qualified as determined by rule bythe board. A certificate of registration shallbe denied to an applicant who, in the opinionof the board, is not properly qualified as de-termined by the board by rule. [1981 c.536 §4;1995 c.189 §4]

671.338 Confidentiality of application,examination and investigatory informa-tion. (1) Notwithstanding ORS 192.420:

(a) In addition to any exemption fromdisclosure provided under ORS 192.501 (4),State Landscape Architect Board examina-tion materials, file records of examinationgrading and performance, transcripts fromeducational institutions, letters of inquiry,letters of reference and board inquiry formsconcerning applicants or registrants are con-fidential and may not be disclosed except asprovided in paragraph (b) of this subsectionor subsection (2) of this section.

(b) Investigatory information developedor obtained by the board is confidential andnot subject to disclosure by the board unlessa notice is issued for a contested case hear-ing or the matter investigated is finally re-

solved by board action or a consent order.The board shall notify the registrant of theinvestigation. The public may obtain infor-mation confirming that an investigation isbeing conducted and describing the generalnature of the matter being investigated.

(2) The board may appoint an advisorycommittee to conduct an investigation de-scribed under subsection (1)(b) of this sectionon behalf of the board. Investigatory infor-mation developed or obtained by an advisorycommittee is confidential unless a notice isissued for a contested case hearing or thematter investigated is finally resolved byboard action or a consent order. The boardmay discuss in open session matters that arebeing reviewed by an advisory committee,but may not disclose confidential informationinto the public record.

(3) Notwithstanding any confidentialityestablished under subsection (1) or (2) of thissection, if the board or an advisory commit-tee meets in executive session to discuss aninvestigation, the board or committee maypermit other public officials and members ofthe press to attend the executive session.Notwithstanding ORS 192.610 to 192.690, thepublic officials and members of the press at-tending the executive session may not dis-close information discussed by the board orcommittee during the session until the infor-mation ceases to be confidential under sub-section (1) or (2) of this section. [2001 c.950 §6;2003 c.14 §415]

671.340 [1961 c.431 §3; 1973 c.827 §63; repealed by1977 c.842 §10]

671.345 Registration without examina-tion; fee. (1) The State Landscape ArchitectBoard may register as a landscape architect,without examination, any individual who ap-plies for such registration under ORS671.325, and:

(a) On the date of making application isa landscape architect licensed or registeredunder the laws of any other state or territoryof the United States, if the requirements forthe licensing or registration of landscape ar-chitects in the state or territory in which theapplicant is licensed or registered on thedate of licensing or registration in such stateor territory were substantially equal to therequirements for the registration of land-scape architects in this state on the date ofthe application; or

(b) Within the five years immediatelypreceding application has passed a nationalexamination acceptable to the board.

(2) Each applicant under this sectionshall pay at the time of filing the applicationan original registration fee for registrationof an out-of-state landscape architect as pro-vided in ORS 671.365. [1981 c.536 §5; 1987 c.414



§42b; 1987 c.460 §1; 1993 c.18 §145; 1995 c.189 §5; 1997c.643 §14; 2001 c.950 §13]

671.355 [1981 c.536 §6; repealed by 1995 c.189 §12]671.360 [1961 c.431 §7; 1973 c.827 §64; repealed by

1977 c.842 §10]

671.365 Fees; rules. The State LandscapeArchitect Board may establish by rule theamounts for fees to be charged and collectedunder ORS 671.310 to 671.459. The fees shallinclude, but are not limited to:

(1) An examination fee.(2) A fee for original registration of out-

of-state landscape architect under ORS671.345.

(3) A fee for issuance of original regis-tration under ORS 671.335.

(4) A fee for issuance of a duplicate cer-tificate of registration.

(5) A fee for renewal of registration un-der ORS 671.376.

(6) A late renewal fee under ORS 671.376.[1981 c.536 §6a; 1993 c.712 §1; 1995 c.189 §6; 1997 c.643§15; 2003 c.14 §416]

671.370 [1961 c.431 §§8, 11; 1973 c.832 §24b; repealedby 1977 c.842 §10]

671.375 [1981 c.536 §7; 1987 c.460 §2; repealed by 1995c.189 §7 (671.376 enacted in lieu of 671.375)]

671.376 Renewal; fee; late fee; failureto renew; rules; inactive status. (1) Eachregistrant who desires to continue as a land-scape architect or landscape architect intraining in this state shall annually pay tothe State Landscape Architect Board on orbefore the renewal date of October 31 the feefor renewal of registration required underORS 671.365 (5). Upon payment the boardadministrator shall issue to the registrant acertificate of renewal of registration for aperiod of one year.

(2) If a registrant fails to have a certif-icate renewed on or before October 31, theregistrant shall be deemed delinquent. How-ever, the registrant may renew the certif-icate not later than November 30, with a latefee, upon payment of the renewal fee, or af-ter November 30, upon payment of the re-newal fee plus a late fee in an amount to beprescribed by the board by rule.

(3) Any person who fails to pay the re-newal fee and any late fee for a period of 60days, forfeits the right to be a registeredlandscape architect or landscape architect intraining and may be reinstated as a land-scape architect or landscape architect intraining only upon passing examinations re-quired by the board and by paying any re-quired examination fees, renewal fees andlate fees.

(4) The board may grant inactive statusto any registered landscape architect whogives up the practice of landscape architec-

ture as defined in ORS 671.310 and while ingood standing makes a request in writing tothe board. The inactive landscape architectmay resume practice within five years uponpayment of the annual fees for the renewalof registration for the current year. If theinactive landscape architect fails to renewthe registration within five years, the inac-tive landscape architect may resume practiceonly upon passing examinations required bythe board and by paying any required exam-ination fees, renewal fees and late fees. [1995c.189 §8 (enacted in lieu of 671.375); 2001 c.950 §14]

671.379 Stamps. (1) A registered land-scape architect shall obtain a stamp of a de-sign authorized by the State LandscapeArchitect Board. The stamp must bear thename, registration date and registration cer-tificate number of the landscape architectand the legend “registered landscape archi-tect.”

(2) A registered landscape architect shallstamp and sign all final drafts of professionaldocuments that the landscape architect is-sues for obtaining permits, obtaining ap-provals by agencies other than the board orfulfilling contractual obligations, includingmaps, plans, designs, contract documents andreports.

(3) The signature and stamp of a regis-tered landscape architect constitute certi-fication that the document was prepared bythe landscape architect or under the super-vision and control of the landscape architect.[2001 c.950 §4]

671.380 [1961 c.431 §9; 1973 c.832 §24c; 1975 c.429 §8;1977 c.873 §3; repealed by 1977 c.842 §10]

671.385 [1981 c.536 §8; 1987 c.414 §42c; repealed by1995 c.189 §12]

671.390 [1961 c.431 §10; 1973 c.827 §65; repealed by1977 c.842 §10]

671.393 Code of professional conduct;rules; publication; effect; revision. TheState Landscape Architect Board shall causeto be prepared and shall by rule adopt a codeof professional conduct which shall be knownin writing to every landscape architect andapplicant for registration under ORS 671.310to 671.459. This code shall be published inthe roster of landscape architects. Such pub-lication shall constitute due notice to allregistrants. The board may revise and amendthis code of conduct from time to time andshall promptly notify each registrant inwriting of such revisions or amendments.[1983 c.455 §4; 2003 c.14 §417]

671.395 Continuing education; fee. (1)The State Landscape Architect Board mayestablish or approve programs of continuingeducation that contribute to the competencyof landscape architects. The board maycharge a fee for programs of continuing edu-cation it establishes.



(2) The board may require completion ofa program of continuing education estab-lished or approved under this section as acondition for the issuance or renewal of reg-istration as a landscape architect under ORS671.310 to 671.459. [1981 c.536 §9; 2001 c.950 §15;2003 c.14 §418]

671.400 [1961 c.431 §13; repealed by 1977 c.842 §10]

671.404 Grounds for refusal to registeror renew or for suspension. Subject toORS chapter 183, the State Landscape Ar-chitect Board may refuse to register any ap-plicant, may refuse to renew the registrationof any registered landscape architect orlandscape architect in training, or may sus-pend for a period not exceeding one year orrevoke the registration of any registeredlandscape architect or landscape architect intraining if the board finds that the applicantor registrant is a person who:

(1) Has used dishonesty, fraud or deceitin obtaining or attempting to obtain regis-tration under ORS 671.310 to 671.459, includ-ing but not limited to dishonesty, fraud ordeceit in applying for registration, applyingto sit for an examination or passing an ex-amination.

(2) Is impersonating or has attempted toimpersonate a registered landscape architector a former registered landscape architect,or is practicing under an assumed or ficti-tious name.

(3) Is found by the board to have useddishonesty, fraud or deceit or to have beennegligent, in the practice of landscape archi-tecture.

(4) Has affixed the person′s signature toplans, reports or other professional docu-ments that have not been prepared by theperson or under the person′s immediate andresponsible direction or has permitted theuse of the person′s name for the purpose ofassisting any individual, not a registeredlandscape architect, to evade the provisionsof ORS 671.310 to 671.459, 671.950 and671.992.

(5) Has been found to have violated eth-ical or professional standards by a court oradministrative body in another state forcommitting or omitting acts that, if commit-ted or omitted in this state, would be a vio-lation of ethical or professional standardsestablished pursuant to ORS 671.310 to671.459. A certified copy of the record ofsuspension or revocation of the state makingthe suspension or revocation is conclusiveevidence thereof.

(6) Has willfully evaded or attempted toevade a local or state law, ordinance, codeor rule, governing the construction of land-scapes or other site features. [1981 c.536 §10;1987 c.460 §3; 1995 c.189 §9; 2001 c.950 §16; 2003 c.14 §419]

671.405 [1971 c.734 §109; repealed by 1977 c.842 §10]

671.408 Disciplinary actions. In addi-tion to any civil penalty imposed by the StateLandscape Architect Board or any fine orterm of imprisonment imposed by a court,except as otherwise provided in ORS 671.404,the board may impose one or more of thefollowing sanctions against a person violat-ing ORS 671.310 to 671.459:

(1) Revocation of a certificate of regis-tration.

(2) Suspension of a certificate of regis-tration for not more than three years.

(3) Restriction of the scope of a regis-trant′s practice.

(4) Imposition of peer review.(5) Imposition of specific or additional

professional education requirements.(6) Imposition of probationary registra-

tion status and restrictions, including butnot limited to requirements designed to pro-tect the public health, safety and welfare andrestitution payments to clients or other per-sons suffering economic loss due to the vio-lation.

(7) Issuance of a written reprimand. [2001c.950 §9; 2003 c.14 §420]

671.410 [1961 c.431 §14; repealed by 1971 c.734 §21]

671.412 Public contract requirements.(1) The state or a political subdivision maycontract for landscape architecture serviceprojects only with registered landscape ar-chitects, as defined in ORS 671.310.

(2) Drawings, plans, specifications, esti-mates and construction observation for pub-lic works of the state or a politicalsubdivision that require landscape architec-ture services must be prepared by, or underthe direct supervision of, a landscape archi-tect registered in an appropriate category.[1983 c.455 §7; 1995 c.189 §10; 2001 c.950 §17]

671.415 Rulemaking authority. TheState Landscape Architect Board, subject toORS chapter 183, may adopt rules necessaryfor the board to perform its duties underORS 671.310 to 671.459 and 671.950. [1981 c.536§11; 1987 c.414 §42d; 2003 c.14 §421]

671.420 [1961 c.431 §16; repealed by 1977 c.842 §10]

671.425 Reissuance of revoked regis-tration. If the State Landscape ArchitectBoard revokes the registration of a regis-tered landscape architect under ORS 671.404,the board may issue registration under ORS671.310 to 671.459 to the individual whoseregistration is revoked if the individual:

(1) Files a new application for the regis-tration and passes an examination given bythe board; and

(2) Establishes to the satisfaction of theboard that all loss caused by the acts for



which the license was revoked has been fullysatisfied and that the individual has compliedwith all conditions imposed by the decisionof revocation. [1981 c.536 §12; 1987 c.414 §42e; 2001c.950 §18; 2003 c.14 §422]

671.428 [1983 c.455 §5; repealed by 1995 c.189 §12]671.430 [1961 c.431 §15; repealed by 1971 c.734 §21

and by 1971 c.753 §74]671.435 [1981 c.536 §13; 1991 c.734 §65; 1997 c.643 §16;

1999 c.1084 §59; 2001 c.950 §19; renumbered 671.950 in2001]

671.440 [1961 c.431 §12; repealed by 1977 c.842 §10]

671.442 Arbitration; effect; costs. In adispute arising out of a contractual agree-ment between a registered landscape archi-tect and a member of the general public ofthe state, the State Landscape ArchitectBoard or a subcommittee of the board mayact as arbiter of the dispute. Upon agreementof all parties to such arbitration, the findingsof the board or subcommittee shall be bind-ing on all parties to the dispute. There shallbe no costs borne by any party for such ar-bitration and for the purposes of this sectionmembers of the board shall serve withoutcompensation but shall be reimbursed as de-termined by the board. [1983 c.455 §6; 1997 c.643§17]

671.445 Investigation of complaints.The State Landscape Architect Board may,upon motion of the board or upon the veri-fied complaint in writing of any person, in-vestigate any alleged violation of ORS671.310 to 671.459. As part of the investi-gation, the board may administer oaths, ob-tain and receive evidence at boardproceedings and compel compliance withboard subpoenas, all as provided in ORS670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20;2003 c.14 §423]

671.447 Persons supplying informationto board or advisory committee. A personthat reports or supplies information in goodfaith to the State Landscape Architect Boardor to an advisory committee assisting theboard is immune from an action for civildamages as a result thereof. The board orcommittee shall not disclose the name of aperson requesting confidentiality unless thetestimony of the person is required as partof a board disciplinary proceeding. [2001 c.950§7]

671.450 [1961 c.431 §21; repealed by 1977 c.842 §10]671.454 [1981 c.536 §14a; 1987 c.414 §43; repealed by

2001 c.950 §23]671.455 [1963 c.580 §28; 1969 c.314 §74; 1971 c.753 §26;

repealed by 1977 c.842 §10]

671.459 State Landscape ArchitectBoard; members; chair; term. (1) TheState Landscape Architect Board shall oper-ate as a semi-independent state agency sub-ject to ORS 182.456 to 182.472 for thepurpose of carrying out ORS 671.310 to671.459, 671.950 and 671.992. The board shall

consist of seven members to be appointed bythe Governor. Four of the members shall beregistered landscape architects, three shallbe public members, and all shall be residentsof this state. The chair of the board shall beelected by the board from among the currentmembers.

(2) The term of office of each member isfour years, but a member serves at thepleasure of the Governor. Before the expira-tion of the term of a member, the Governorshall appoint a successor whose term beginson July 1 next following. A member is eligi-ble for reappointment. [1981 c.536 §15; 1987 c.414§44; 1993 c.744 §238; 1995 c.189 §11; 1997 c.643 §18; 1999c.1084 §60; 2001 c.950 §21]

671.460 [1961 c.431 §§17,19,20; repealed by 1963 c.580§103]

671.465 [1963 c.580 §29; repealed by 1971 c.753 §74]671.470 [1961 c.431 §22; repealed by 1963 c.580 §103]671.475 [1963 c.580 §30; repealed by 1971 c.753 §74]671.480 [1961 c.431 §23; 1967 c.637 §26; repealed by

1971 c.753 §74]

LANDSCAPE CONTRACTORS AND BUSINESSES

(Generally)671.510 Short title. ORS 671.510 to

671.710 may be cited as the Landscape Con-tractors Law. [1971 c.764 §1; 1973 c.832 §25]

671.520 Definitions for ORS 671.510 to671.710. As used in ORS 671.510 to 671.710,unless the context requires otherwise:

(1) “Board” means the State LandscapeContractors Board.

(2) “Landscape contractor” means anyperson who for compensation or with the in-tent to be compensated arranges, undertakes,offers or contracts to undertake, or submitsa bid to perform activities requiring the art,ability, experience, knowledge, science andskill to:

(a) Plan and install lawns, shrubs, vines,trees and other decorative vegetation includ-ing the preparation of property on which thevegetation is to be installed, and the con-struction of ornamental water features anddrainage and irrigation systems fordecorative vegetation;

(b) Plan and install fences, decks, arbors,driveways, walkways and retaining walls; or

(c) Do any part or any combination ofany activity described in paragraphs (a) and(b) of this subsection.

(3) “Landscaping business” means anybusiness that offers or provides, for compen-sation or with the intent to be compensated,the services of a landscape contractor.

(4) “Licensee” means a person or busi-ness who is licensed under ORS 671.510 to671.710 as a landscape contractor.



(5) “Nursery stock” means nursery stockas defined by ORS 571.005 and as further de-fined by the board after public hearing.

(6) “Ornamental water features” meansfountains, ponds, waterfalls, man-madestreams and other decorative water-relatedconstructions as identified by board rule.[1971 c.764 §2; 1973 c.832 §26; 1975 c.757 §1; 1981 c.536§22; 1983 c.452 §1; 1985 c.565 §91; 1987 c.414 §45; 1997c.785 §1; 1999 c.32 §1; 2001 c.48 §1]

(Licensure)671.525 Applicant required to be inde-

pendent contractor; classes of registra-tion. (1) An applicant for a landscapingbusiness license must qualify as an inde-pendent contractor, under ORS 670.600, to belicensed with the State Landscape Contrac-tors Board.

(2) The board shall establish two classesof independent contractor registration:

(a) The nonexempt class is composed ofthe following entities:

(A) Sole proprietorships, partnerships,corporations and limited liability companieswith one or more employees; and

(B) Partnerships, corporations and lim-ited liability companies with more than twopartners, corporate officers or members ifany of the partners, officers or members arenot part of the same family and related asparents, spouses, siblings, children, grand-children, sons-in-law or daughters-in-law.

(b) The exempt class is composed of allsole proprietorships, partnerships, corpo-rations and limited liability companies thatdo not qualify as nonexempt. All partner-ships, corporations and limited liability com-panies must have a federal tax identificationnumber.

(3) If a licensee who qualifies for regis-tration under subsection (2)(b) of this sectionhires one or more employees, or falls intoany of the categories set out in subsection(2)(a)(B) of this section, the licensee is sub-ject to penalties under ORS 671.955 and mustreapply to the board for registration in thecorrect class.

(4) The decision of the board that a li-censee is an independent contractor appliesonly when the licensee is performing workof the nature described in ORS 671.520 and671.530. [1991 c.533 §6; 1997 c.337 §2]

671.530 Contractor or business licenserequired; use of title; scope of contrac-tor′s license. (1) A person may not operateas a landscape contractor in this state with-out a valid landscape contractor′s license is-sued pursuant to ORS 671.560.

(2) A person may not represent in anymanner that the person is a landscape con-

tractor unless the person has a valid land-scape contractor′s license issued pursuant toORS 671.560. The prohibition in this subsec-tion includes, but is not limited to:

(a) Using the title of landscape contrac-tor, landscape gardener or landscaper or anyother title using a form of the word “land-scape”; and

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

(3) A person may not operate as a land-scaping business in this state unless the per-son has a valid landscaping business licenseissued pursuant to ORS 671.560.

(4) A person may not advertise or repre-sent in any manner that the person is alandscape business unless the person has avalid landscaping business license issuedpursuant to ORS 671.560. The prohibition inthis subsection includes, but is not limitedto:

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

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

(5) A landscape maintenance businessmay use a form of the word “landscape” inthe title of the business only if the titleclearly indicates the maintenance nature ofthe business. For purposes of this subsection,the term “landscape gardening” does not in-dicate the maintenance nature of a landscapemaintenance business.

(6) A landscape contractor is authorizedto perform landscaping work only while inthe employ of a landscaping business licensedand bonded as required by ORS 671.510 to671.710. If the landscape contractor is thesole proprietor, the contractor must also ob-tain a license as a landscaping business. [1971c.764 §3; 1973 c.832 §27; 1975 c.757 §2; 1979 c.840 §1a; 1983c.452 §2; 1989 c.944 §1; 2003 c.659 §1]

671.540 Application of ORS 671.510 to671.710. (1) ORS 671.510 to 671.710 and671.990 (2) do not apply to:

(a) Any federal or state agency or anypolitical subdivision performing landscapingon public property.

(b) Any landscape architect registeredpursuant to ORS 671.310 to 671.459 andpracticing as provided therein.

(c) Landscaping work performed by alandscape maintenance business if:

(A) The work is performed for a customerthat in a calendar year receives primarilylandscape maintenance services from thebusiness;



(B) The value of all labor, materials orother items supplied for landscaping work ata job site does not exceed $500 in a calendaryear; and

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

(d) Installation of fences, decks, arbors,driveways, walkways or retaining walls whenperformed by a person or business licensedwith the Construction Contractors Board.

(e) Grading of plots and areas of landperformed in conjunction with new or re-modeling construction when performed by aperson or business licensed with the Con-struction Contractors Board.

(f) Any owner of property who contractsfor landscaping work to be performed by aperson licensed under ORS 671.560. Thisparagraph does not apply to a person who, inpursuit of an independent business, performsor contracts for the performance of land-scaping work with the intent of offering forsale before, upon or after completion of thelandscaping work, the property upon whichthe landscaping work is performed.

(g) Any landscaping work performed bya person on property that the person ownsor in which the person has a legal interest.This paragraph does not apply to a personwho, in pursuit of an independent business,performs or contracts for the performance oflandscaping work with the intent of offeringfor sale before, upon or after completion ofthe landscaping work, the property on whichthe landscaping work is performed.

(h) A general contractor licensed underORS chapter 701 who performs landscapingwork if the total value of the landscaping isless than $2,500 per residential dwelling andthe landscaping work is performed on resi-dential property for which the contractor isunder contract for the construction of a newdwelling. The State Landscape ContractorsBoard shall revise the amount specified inthis paragraph every five years, beginning in2003, based on changes in the Portland-Salem, OR-WA Consumer Price Index. Thisparagraph does not apply to a general con-tractor performing irrigation work unless thework is performed pursuant to a permit is-sued by the local building official.

(i) A general contractor licensed underORS chapter 701 who performs landscapingwork on residential property that is directlyrelated to local building code requirementsor occupancy ordinances including, but notlimited to, the placement of street trees. Thisparagraph does not apply to a general con-tractor performing irrigation work unless the

work is performed pursuant to a permit is-sued by the local building official.

(j) A person engaged in making concep-tual plans or drawings for the selection,general placement or use of plants or othersite features, unless the plans or drawingsare for sites:

(A) That include natural drainage chan-nels, streams, wetlands, marshes or othersensitive natural areas regulated by the lo-cal, state or federal government or thatencroach on designated buffer zones forthose areas; or

(B) Where slopes of 10 percent or greatercomprise at least 25 percent of the total sitearea or directly contribute storm water tonatural drainage channels, streams,wetlands, marshes or other sensitive naturalareas regulated by the local, state or federalgovernment.

(k) A person, other than a licensed land-scape contractor, using the title “landscapedesigner” in connection with making con-ceptual plans or drawings for the selection,general placement or use of plants or othersite features, provided the person clearlynotes on all contracts for services, plans anddrawings that the implementation of, or con-sultation about the implementation of, theplans or drawings may require the servicesof a professional authorized by law to per-form the implementation or offer the consul-tation.

(2) As used in this section, “Portland-Salem, OR-WA Consumer Price Index”means the Portland-Salem, OR-WA ConsumerPrice Index for All Urban Consumers for AllItems as published by the Bureau of LaborStatistics of the United States Departmentof Labor. [1971 c.764 §4; 1973 c.832 §28; 1979 c.840 §2;1981 c.536 §17; 1983 c.452 §3; 1997 c.785 §2; 1999 c.32 §2;1999 c.402 §10; 2001 c.49 §1; 2001 c.660 §54; 2003 c.14 §424;2003 c.659 §2]

671.550 Authority of board to investi-gate; confidentiality of information. (1)The State Landscape Contractors Board mayinquire into and inspect:

(a) Any services performed or materialsfurnished by a licensee under ORS 671.510 to671.710.

(b) The financial records of a person whoit reasonably believes is operating in vio-lation of ORS 671.530.

(c) The services performed or materialsfurnished by a person who it reasonably be-lieves is operating in violation of ORS671.530.

(2) Except when used for legal action orto determine negligent or improper work un-der ORS 671.703, the information obtained byan inspection authorized by this section isconfidential. However, the board shall fur-



nish copies of any inspection to the licenseeor other person that is subjected to an in-spection. [1971 c.764 §5; 1979 c.840 §3; 1983 c.452 §4;2001 c.198 §1]

671.555 Investigation of person en-gaged in landscape business; procedures;orders to stop work. (1) The State Land-scape Contractors Board may investigate theactivities of any person engaged in the land-scaping business to determine compliancewith ORS 671.510 to 671.710.

(2) With the approval of the city orcounty, the board may conduct investigationswith city or county inspectors, provided thatthe city or county is reimbursed by the boardfor the costs of such investigations.

(3) Any inspector authorized by the boardto determine compliance with the provisionsof ORS 671.510 to 671.710 is authorized torequire any person who is engaged in anyactivity regulated by ORS 671.510 to 671.710to demonstrate proof of compliance with theregistration requirements of ORS 671.510 to671.710. If a person who is contracting di-rectly with the owner of the property doesnot demonstrate proof of compliance with thelicense requirements of ORS 671.510 to671.710, the inspector shall give notice ofnoncompliance to the person. The notice ofnoncompliance shall be in writing, shall spe-cifically state that the person is not in com-pliance with the registration requirements ofORS 671.510 to 671.710 and shall provide thatunless the person demonstrates proof ofcompliance within two days of the date ofthe notice, the inspector may by order stopall work then being done by the person. Thenotice of noncompliance shall be served uponthe person and shall be served upon or de-livered to the owner of each property uponwhich the person is then performing workunder contract. If more than one person isthe owner of any such property, a copy of thenotice need be given to only one of suchpersons. If after receipt of the notice of non-compliance the person fails within the two-day period specified in the notice todemonstrate proof of compliance with theregistration requirements of ORS 671.510 to671.710, the inspector is authorized to orderthe work stopped by notice in writing servedon any persons engaged in the activity. Anyperson so notified shall stop such work untilproof of compliance is demonstrated. How-ever, the inspector may not order the workstopped until at least two days after thecopies of the notice of noncompliance havebeen served upon or delivered to the owners.

(4) Notwithstanding subsection (3) of thissection, the board may order work stoppedimmediately if the landscape contractorworking on a worksite has never registeredwith the board or if the contractor cannot

demonstrate that the contractor has beenregistered at any time within the two yearsimmediately preceding work on the worksite.

(5) The board has the power to adminis-ter oaths, issue notices and subpoenas in thename of the board, compel the attendance ofwitnesses and the production of evidence,hold hearings and perform such other actsas are reasonably necessary to carry out itsduties under ORS 671.510 to 671.710.

(6) If any person fails to comply with asubpoena issued under subsection (5) of thissection or refuses to testify on matters onwhich the person may be lawfully interro-gated, the board shall compel obedience inthe manner provided in ORS 183.440. [1991c.533 §5; 1999 c.33 §1]

671.560 Issuance of license; limited li-cense; exemption. (1) Except as provided inORS 671.590, the State Landscape Contrac-tors Board shall issue a landscape contrac-tor′s license to an applicant who satisfies therequirements of ORS 671.570.

(2) The board shall issue a landscapingbusiness license to an applicant who satisfiesthe requirements of the board.

(3) An applicant for a license under thissection shall apply to the board upon a formfurnished by the board and give such infor-mation as the board considers necessary.

(4) The board may issue a limited or spe-cialty license if the applicant is required tohave a landscape contractor′s license orbusiness license but is not qualified or re-quired to be licensed for all phases of land-scape contracting.

(5) A landscaping business that qualifiesfor the exemption described in ORS 571.045shall indicate on its license application or li-cense renewal application under this sectionthe reasons the business qualifies for the ex-emption. [1971 c.764 §6; 1975 c.757 §4; 1983 c.452 §5;1999 c.535 §4]

671.565 Landscape business license re-quirements; fees; employees; bond; insur-ance; basis for independent contractorstatus. Each person applying for a land-scaping business license shall pay to theState Landscape Contractors Board the feesrequired by ORS 671.570 and 671.650 and:

(1) Employ at least one person with alandscape contractor′s license to supervisethe landscaping operation of the business andshall submit the names of all employees whoare licensed contractors.

(2) File with the board the surety bondrequired pursuant to ORS 671.690.

(3) Throughout the license period, havein effect public liability, personal injury andproperty damage insurance covering thework of that landscaping business which is



subject to ORS 671.510 to 671.710 for anamount not less than $100,000. The land-scaping business shall provide satisfactoryevidence to the board at the time of applica-tion and renewal that the insurance requiredby this section has been procured and is ineffect.

(4) Indicate, as set forth in ORS 670.600,the basis under which the applicant qualifiesas an independent contractor. [1983 c.452 §8;1991 c.533 §1]

671.570 Qualifications for contractorlicense; fee. Each person applying for alandscape contractor′s license shall pay tothe State Landscape Contractors Board thefee required by ORS 671.650 and:

(1) Pass an examination, which shall beoffered at least once each six months by theboard to determine the fitness of the appli-cant for licensing and have:

(a) Within 10 years before the day theapplication for a license is made, at least:

(A) Twenty-four months of employmentwith a landscape contractor; or

(B) Twelve months of employment with alandscape contractor and one full year oftraining in an area related to landscaping atan accredited school or college; or

(b) Proven to the satisfaction of theboard by test and experience that the appli-cant is qualified.

(2) Be employed by a landscaping busi-ness if performing landscaping work.

(3) Pay a nonrefundable examination fee.[1971 c.764 §7; 1973 c.832 §29; 1975 c.757 §5; 1979 c.840§4; 1983 c.452 §6; 1985 c.565 §92; 1987 c.414 §45a; 1997c.327 §1; 2001 c.409 §5]

671.572 Alternative licensing stan-dards for person licensed as constructioncontractor. Notwithstanding the provisionsof ORS 671.570 regarding experience andemployment status, the State LandscapeContractors Board may adopt alternativestandards for licensure with the board for aperson who is already licensed as a contrac-tor under ORS chapter 701. [1997 c.785 §5; 1999c.402 §11]

671.575 License required to obtain ju-dicial or administrative remedy; excep-tion. (1) A landscaping business may not filea lien, file a claim with the State LandscapeContractors Board or bring or maintain inany court of this state a suit or action forcompensation for the performance of anywork or for the breach of any contract forwork which is subject to ORS 671.510 to671.710 and 671.955, unless the landscapingbusiness was:

(a) Licensed under ORS 671.510 to671.710 and 671.955 at the time the landscap-

ing business bid or entered into the contractfor performance of the work; and

(b) Licensed continuously while perform-ing the work for which compensation issought.

(2) If the court determines that the land-scaping business was not aware of the re-quirement that the contractor be registered,a court may choose not to apply subsection(1) of this section if the court finds that todo so would result in a substantial injusticeto the unlicensed landscaping business.

(3) If a landscaping business falselyswears to information provided under ORS671.560 or 671.565 or knowingly violates theprovisions of ORS 656.029, 670.600, 671.560 or671.565, the landscaping business may notfile a lien, file a claim with the State Land-scape Contractors Board or bring or main-tain in any court of this state a suit oraction for compensation for the performanceof any work or for the breach of any contractfor work which is subject to ORS 671.510 to671.710 and 671.955. [1991 c.533 §7]

671.578 Suit for damages for misrep-resentation; attorney fees. If any personsuffered costs or damages as a result of anindividual providing a false or invalid StateLandscape Contractors Board number orotherwise misleading a person with respectto licensing with the board, that person maybring suit in a court of competent jurisdic-tion to recover damages. The court mayaward reasonable attorney fees to the pre-vailing party in an action under this section.[1991 c.533 §8; 1995 c.618 §119]

671.580 Contractor license nottransferable. A landscape contractor′s li-cense issued pursuant to ORS 671.560 is apersonal privilege and is not transferable.[1971 c.764 §8; 1983 c.452 §9]

671.590 Reciprocal contractor licens-ing. The State Landscape Contractors Boardmay license without examination any personwho is a landscape contractor licensed, cer-tified or registered under the laws of anotherstate, territory of the United States, the Dis-trict of Columbia or another country wherethe requirements on the date the applicantwas licensed, certified or registered weresubstantially equal to the requirements forlicensing of landscape contractors in thisstate on the date of application by the per-son. [1971 c.764 §9; 1973 c.832 §30; 1975 c.757 §6; 1979c.840 §5; 1983 c.452 §10]

671.600 New license required uponchange of ownership; notification ofchange of address. A new license shall berequired whenever there is a change in own-ership, irrespective of whether the businessname is changed. If a licensee moves to an-other location, relicensing is not required



but the licensee must notify the State Land-scape Contractors Board promptly of the newaddress. [1971 c.764 §10; 1973 c.832 §31; 1987 c.461 §1]

671.603 Persons required to give no-tification of change of address; commu-nications delivered to last-knownaddress. (1) A landscape contractor or per-son operating as a landscaping business shallnotify the State Landscape ContractorsBoard of a change of address for the con-tractor or business that occurs while thecontractor or business is licensed by theboard or within one year after a license be-comes inactive. The landscape contractor orlandscaping business shall ensure that theboard receives notice of the change of ad-dress no later than the 10th day after thechange of address occurs.

(2) Initial notice of a contested case orarbitration directed by the board to the last-known address of record for a landscapecontractor or landscaping business is consid-ered delivered to the contractor or businesswhen deposited in the United States mail andsent registered, certified or post office re-ceipt secured. Any other communication di-rected by the board to the last-knownaddress of record for a landscape contractoror landscaping business is considered deliv-ered to the contractor or business when de-posited in the United States mail, regularmail. [2001 c.409 §14]

671.605 Effect of change in partnersor corporate officers. A licensed partner-ship or corporation shall notify the boardimmediately upon any change in partners orcorporate officers. Upon a change in part-ners, a licensed partnership immediatelyshall license again and pay to the board thefee required by ORS 671.650 for an originallicense. [1983 c.452 §11]

671.610 Grounds for license suspensionor revocation or refusal to issue or renewlicense; injunctive relief; ownership de-termination rules; civil penalty. (1) In ad-dition to any civil penalty assessed underORS 671.955, the State Landscape Contrac-tors Board may suspend, revoke or refuse toissue or renew the license of any personthat:

(a) Has obtained or attempted to obtaina license under ORS 671.510 to 671.710 byfraud or material misrepresentation;

(b) Has made a material misrepresen-tation about the quality of any material orservice the person provides;

(c) Has performed defective work;(d) Has furnished defective materials;(e) Has made misleading statements when

advertising services or materials;

(f) Has violated a provision of ORS671.510 to 671.710;

(g) Has had the bond or deposit requiredby ORS 671.690 terminated, canceled or re-duced or withdrawn; or

(h) Has violated a voluntary complianceagreement entered into under ORS 646.605 to646.652.

(2) The board may suspend the license ofor refuse to license a person if the person,or the owner or holder of a direct or indirectinterest in the person, is a business or theowner or holder of a direct or indirect inter-est in a business that:

(a) Owes any amount pursuant to a finalorder or arbitration award of the board;

(b) Owes any amount pursuant to a courtorder or civil penalty arising from landscap-ing or construction business activities in thisor any other state of the United States;

(c) Owes any amount to a surety com-pany that has paid money from the suretybond of a landscaping business; or

(d) Has had a license to operate as alandscaping business revoked by the land-scape contractor licensing agency of anystate.

(3) The board shall adopt rules definingthe ownership or holding of a direct or indi-rect interest for purposes of subsection (2) ofthis section.

(4) The board may hold the suspension orrefusal of a license under subsection (2) ofthis section in abeyance if the person is ad-hering to a board-approved plan for restitu-tion of the amount owed.

(5) An individual who has been a soleproprietor, partner, limited liability companymember, limited liability partnership memberor corporate officer of a landscaping businessthe license of which has been suspended orrevoked may be denied a license if the indi-vidual knowingly participated in the conductthat led to the suspension or revocation.

(6) A person whose license is revoked ornot renewed pursuant to this section is noteligible to apply for a license under ORS671.510 to 671.710 until two years after theeffective date of the revocation or of thenonrenewal.

(7) In addition to the remedies of licensedenial, suspension, revocation or refusal torenew a license, when it appears to the boardthat a person has engaged in, or is engagingin, any act, practice or transaction that vio-lates the provisions of this chapter, the boardmay direct the Attorney General to apply tothe court for an injunction restraining theperson from violating the provisions of thischapter.



(8)(a) The board may suspend, revoke orrefuse to reissue a license to a landscapecontractor if the board determines, after no-tice and opportunity for a hearing, that thecontractor was working with another land-scape contractor or landscape contractors onthe same task and work site where one ofthe contractors is registered exempt underORS 671.525 (2)(b) and the total number oflandscape contractors working on the taskexceeded:

(A) Two sole proprietors;(B) One partnership;(C) One corporation; or(D) One limited liability company.(b) The board may assess a civil penalty

as provided under ORS 671.955 (4) for a vio-lation of paragraph (a) of this subsection.[1971 c.764 §11; 1981 c.536 §23; 1987 c.461 §2; 1989 c.944§2; 1995 c.645 §1; 1997 c.337 §3; 2001 c.924 §26]

671.613 Sanction for failure to complywith certain laws. (1) The failure of a land-scaping business to comply with the pro-visions of this section and ORS 279.348 to279.363, 656.021, 657.665, 670.600, 671.520,671.525, 671.530 and 671.575 or to be in con-formance with the provisions of ORS chapter279, 316, 571, 656 or 657 is a basis for sus-pension of the landscaping business license,revocation of the landscaping business li-cense, refusal to issue or reissue a landscap-ing business license, assessment of a civilpenalty as set forth in ORS 671.955 or acombination of these sanctions.

(2) Any action against a landscapingbusiness under this section shall be con-ducted in conformance with the provisionsof ORS 183.413 to 183.497. [1991 c.533 §9; 1999c.535 §5; 2001 c.108 §2]

Note: The amendments to 671.613 by section 315,chapter 794, Oregon Laws 2003, become operative March1, 2005, and apply only to public contracts first adver-tised, but if not advertised then entered into, on or afterMarch 1, 2005. See sections 336 and 337, chapter 794,Oregon Laws 2003. The text that is operative on andafter March 1, 2005, is set forth for the user′s conven-ience.

671.613. (1) The failure of a landscaping businessto comply with the provisions of this section and ORS279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.520,671.525, 671.530 and 671.575 or to be in conformance withthe provisions of ORS chapter 279, 279A, 279B, 279C, 316,571, 656 or 657 is a basis for suspension of the land-scaping business license, revocation of the landscapingbusiness license, refusal to issue or reissue a landscap-ing business license, assessment of a civil penalty as setforth in ORS 671.955 or a combination of these sanc-tions.

(2) Any action against a landscaping business un-der this section shall be conducted in conformance withthe provisions of ORS 183.413 to 183.497.

671.615 Installation of irrigation back-flow prevention devices; qualificationrules. The State Landscape ContractorsBoard may license a landscape contractor to

install backflow prevention devices for irri-gation systems and ornamental water fea-tures. The board, by rule, shall establishqualifications for issuance of a license underthis section. A landscape contractor may in-stall a backflow prevention device only if thelandscape contractor is licensed under thissection. A landscape contractor installing abackflow prevention device may tap into thepotable water supply only at a point after theconnection between the water system andthe customer, as that connection is definedin ORS 448.115. [1987 c.561 §2; 1989 c.944 §3; 1995c.645 §2; 2001 c.181 §2]

671.617 Examination for backflow pre-vention device installer license. The boardshall consult with the State Plumbing Boardin developing any written and practical ex-aminations for backflow prevention deviceinstaller licenses. [1989 c.944 §4]

671.620 [1971 c.764 §12; repealed by 1987 c.461 §9]

671.625 Minimum standards for con-tracts and billings; rules; compliance; ef-fect of noncompliance. (1) The StateLandscape Contractors Board shall by ruleadopt minimum standards for written con-tracts and billings of the landscaping busi-nesses. The standards shall set forthrequirements for information that must becontained in contracts and billings. The in-formation required shall be any informationthe board determines is necessary to provideprotection for consumers of the services andmaterials provided by landscaping businesses.

(2) Work by a landscaping business sub-ject to ORS 671.510 to 671.710 shall only beperformed subject to a written contract. Anycontract or billing for such work must con-form to the standards adopted under subsec-tion (1) of this section.

(3) A contract that does not substantiallycomply with this section may not be enforcedby a landscaping business in any court orother proceedings within this state. [1979 c.840§13; 1983 c.452 §12]

671.628 [1991 c.533 §4; repealed by 2001 c.108 §4]

(Landscape Contractors Board)671.630 State Landscape Contractors

Board; members. The State LandscapeContractors Board shall operate as a semi-independent state agency subject to ORS182.456 to 182.472 for purposes of carryingout the provisions of ORS 671.510 to 671.710,671.955 and 671.990 (2). The board shall con-sist of seven members appointed by the Gov-ernor. The Governor shall makeappointments to the board from all segmentsof the landscape contracting industry. Atleast two board members must be publicmembers. [1971 c.764 §14; 1973 c.832 §32; 1975 c.757§7; 1981 c.536 §24; 1987 c.414 §46; 1993 c.744 §192; 2001c.409 §6]



671.640 [1971 c.764 §15; 1973 c.832 §33; repealed by1975 c.757 §8]

671.650 License fees. (1) The StateLandscape Contractors Board shall establishfees, including but not limited to annuallandscape contractor′s license fees and an-nual landscaping business license fees.

(2) The license fee for an out-of-statelandscaping business operating in Oregonmust be the same as for an Oregon land-scaping business. [1971 c.764 §17; 1973 c.832 §34;1981 c.536 §25; 1983 c.452 §13; 1989 c.450 §1; 1997 c.327§2; 2001 c.409 §7]

671.660 Renewal of licenses; effect oflapse; penalty fees. (1) The fee for renewalof a license issued under ORS 671.510 to671.710 shall be paid annually on or beforethe last day of the month of the anniversaryof issuance.

(2) A person who has been previously li-censed under ORS 671.510 to 671.710 andwhose license has expired shall not be issuedanother license except upon written applica-tion to the State Landscape ContractorsBoard with the required annual fee. Theboard may require the person to also pay apenalty fee.

(3) If a license lapses for two years ormore, the individual or business must reapplyas for initial issuance of the license.

(4) When a business renews its licensethe business must submit the names of allemployees who are licensed landscape con-tractors.

(5) When a person renews a landscapecontractor′s license, the person must submitthe name of the employer if the person iscurrently performing landscaping work. [1971c.764 §18; 1973 c.832 §35; 1977 c.873 §5; 1983 c.452 §14;2001 c.409 §8]

671.670 Rulemaking authority. In ac-cordance with any applicable provision ofORS chapter 183, the State Landscape Con-tractors Board may promulgate rules for theadministration and enforcement of ORS671.510 to 671.710 and 671.990 (2). [1971 c.764§19; 1981 c.536 §26]

671.675 [1987 c.461 §7; repealed by 1995 c.645 §6]671.680 [1971 c.764 §21; repealed by 1975 c.757 §8]

(Claims)671.690 Surety bond, letter of credit

or other security. (1) An applicant for a li-cense as a landscaping business shall filewith the State Landscape Contractors Boarda surety bond with one or more corporatesureties authorized to do business in thisstate, or an irrevocable letter of credit issuedby an insured institution, as defined in ORS706.008. The amount of the bond or letter ofcredit shall be:

(a) $3,000; or

(b) $10,000 for an applicant who con-structs fences, decks, arbors, driveways,walkways or retaining walls not in conjunc-tion with landscaping work.

(2) The bond or letter of credit requiredunder subsection (1) of this section shall beconditioned that the applicant pays:

(a) All taxes and contributions due to theState of Oregon;

(b) All persons furnishing labor or mate-rial, or renting or supplying equipment to thebusiness;

(c) All amounts that may be adjudgedagainst the business by reason of negligentor improper work or breach of contract inperforming any work subject to ORS 671.510to 671.710; and

(d) All amounts from the bond or depositthe board orders paid under ORS 671.703.

(3) In lieu of the surety bond or letter ofcredit required under subsection (1) of thissection, the landscaping business may filewith the board, under the same terms andconditions as when a bond is filed, a depositin cash or negotiable securities acceptable tothe board.

(4) The deposit, bond or letter of creditrequired by this section must be contin-uously on file with the board in the amountrequired by this section and is for the exclu-sive purpose of payment of final orders andarbitration awards of the board in accor-dance with ORS 671.703. Upon terminationor cancellation of the bond, withdrawal ofthe deposit or reduction of the deposit, bondor letter of credit to less than the requiredamount, the licensee shall immediately:

(a) File a replacement deposit, bond orletter of credit; or

(b) Surrender the license to the boardand cease operating as a landscaping busi-ness.

(5) The landscaping business is responsi-ble for all landscaping and other work per-formed. [1973 c.832 §29b; 1979 c.840 §6; 1983 c.452 §15;1991 c.331 §103; 1995 c.645 §3; 1997 c.631 §520; 1999 c.32§3; 2001 c.198 §2]

671.700 Notice of claim against busi-ness. A person having a claim against alandscaping business shall give the StateLandscape Contractors Board notice of theclaim in writing 90 days before any actionon the bond or deposit is commenced. [1973c.832 §29c; 1983 c.452 §16; 1987 c.461 §3]

671.703 Filing claim against business;hearing; arbitration; rules; board limita-tions. (1) If a person has a claim against alicensed landscaping business for negligentor improper work performed by the land-scaping business, or for alleged breach ofcontract by the landscaping business, the



person may file the claim with the StateLandscape Contractors Board.

(2) Upon receipt of a claim that qualifiesunder subsection (1) of this section, theboard shall initiate an investigation. Uponcompletion of the investigation, if the boarddetermines that facts exist supporting an or-der for payment, the board may order thelandscaping business to pay the claim. Aparty to the claim may request a hearing onthe order issued by the board.

(3) Subject to subsection (6) of this sec-tion, if the resolution of a claim under thissection requires a hearing, the board mayrequire that the hearing be conducted as abinding arbitration under rules adopted bythe board under subsection (5) of this sec-tion.

(4) The board may use arbitration to re-solve a landscaping dispute between anyparties who agree to follow the rules of theboard, including parties to a dispute not de-scribed under subsection (1) of this section.

(5) Except as provided in this subsection,rules adopted by the board to regulate arbi-tration under subsections (3) and (4) of thissection must substantially conform with theprovisions of ORS 36.600, 36.610 to 36.630,36.635 (2), 36.640, 36.645 (2), 36.650 to 36.680,36.685 (1) and 36.690 to 36.740. The rulesmay:

(a) Require that a hearing under ORS183.413 to 183.470 be conducted for issues forwhich a petition could be filed under ORS36.615, 36.620, 36.625 and 36.640;

(b) Limit orders and awards made by thearbitrator as necessary to comply with ORS671.510 to 671.710;

(c) Require that a request that anarbitrator modify or correct an award underORS 36.690 be submitted in a form specifiedby the rule;

(d) Require that a petition under ORS36.705 (2) or 36.710 (1) be filed in a shorterperiod of time than provided by ORS 36.705and 36.710; and

(e) Include any other provision necessaryto conform the arbitration to ORS 671.510 to671.710.

(6) A party to a claim that is subject toa board order of binding arbitration undersubsection (3) of this section may avoid thearbitration if the party requests to have theclaim resolved through a contested casehearing or files a complaint in a court. Aparty making a request or filing a complaintunder this subsection is subject to the fol-lowing provisions:

(a) If the party requests to have a claimresolved through a contested case hearing,the party must, within the time specified in

paragraph (c) of this subsection, deliver therequest in writing to the board and to allparties entitled by board rule to receive acopy of the request.

(b) If the party files a complaint in acourt, the party must, within the time speci-fied in paragraph (c) of this subsection, de-liver a copy of the complaint to the boardand to all parties entitled by the board ruleto receive a copy of the complaint. If theparty filing the complaint is the claimant,the claimant must allege all elements of theclaim in the complaint. If the complaint isfiled by the licensed landscaping businessagainst whom a claim is alleged, the com-plaint may be a complaint for damages, acomplaint for declaratory judgment or othercomplaint that allows the claimant to file aresponse alleging the elements of the claim.The claimant has the burden of proving theelements of the claim in any action describedin this paragraph.

(c) A party that is subject to paragraph(a) or (b) of this subsection must deliver arequest or complaint to the board as de-scribed in paragraphs (a) and (b) of this sub-section no later than the 30th day after theboard sends notice that an arbitration hear-ing has been scheduled. Failure to timelydeliver a request or complaint under thisparagraph constitutes consent to the bindingarbitration.

(d) If a party makes a timely request un-der paragraph (a) of this subsection for acontested case hearing and another partytimely files a complaint in compliance withparagraph (b) of this subsection, the filing ofthe complaint supersedes the request for acontested case hearing.

(e) A party may not withdraw a requestmade in compliance with paragraph (a) ofthis subsection unless all parties agree to thewithdrawal.

(f) The provisions of paragraph (b) of thissubsection are in addition to any other re-quirements imposed by law regarding the fil-ing of a complaint.

(7) An arbitration conducted under sub-section (3) or (4) of this section must be heldbefore an administrative law judge acting asarbitrator. The administrative law judge as-signed to act as arbitrator of the case on be-half of the board must be from the Office ofAdministrative Hearings established underORS 183.605. The assignment of an adminis-trative law judge to act as arbitrator is sub-ject to a request for a different arbitratorunder ORS 183.645 or a rule adopted pursu-ant to ORS 183.645.

(8) If a party to a claim under subsection(1) of this section requests a contested casehearing, the board shall schedule the hear-



ing. If a party requests that the claim be re-solved by a court, the board shall suspendfurther processing of the claim until theclaim is resolved by an appropriate court.

(9) If the claim is submitted for determi-nation by a court, the board may require thatthe claimant provide status reports on thepending action. The board may dismiss orclose a claim filed under subsection (1) ofthis section as established by rule of theboard if the claimant fails to submit statusreports on a pending action.

(10) The board shall issue a final orderor arbitration award in a form that indicatesthe maximum amount payable from the de-posit, bond or letter of credit. If the land-scaping business does not pay the claim onor before the 30th day after receiving theboard order or award, the board shall orderthe claim paid out of the deposit, bond orletter of credit filed under ORS 671.690.

(11) The board may dismiss or close aclaim as established by rule of the board if:

(a) The claimant does not permit theperson against whom the claim is filed to bepresent at any inspection made by the board;or

(b) The board determines that the personagainst whom the claim is filed is capable ofcomplying with recommendations made bythe board relative to the claim, but theclaimant does not permit the person to com-ply with the recommendations. The boardmay dismiss or close a claim under this par-agraph only if the person was licensed at thetime the work was first performed and is li-censed at the time the board makes its rec-ommendations.

(12) The board may suspend processing aclaim if the board determines that the natureor complexity of the claim is such that acourt is the appropriate forum for the adju-dication of the claim. [1979 c.840 §8; 1983 c.452 §17;1987 c.461 §4; 1989 c.153 §1; 1991 c.533 §2; 1995 c.645 §4;2001 c.198 §§3,4; 2003 c.75 §56; 2003 c.598 §§48,49]

671.705 [1979 c.840 §9; 1981 c.897 §99; 1983 c.452 §18;repealed by 1995 c.645 §6]

671.707 Actions following final orderof board. (1) If a final order of the StateLandscape Contractors Board is not paid bythe registrant, the board shall notify thesurety on the registrant′s bond.

(2) An order of the board that determinesa claim under ORS 671.703 that becomesfinal by operation of law or on appeal andremains unpaid for 20 days after the orderbecomes final is an order in favor of theclaimant against the registrant and may berecorded with the county clerk in any countyof this state.

(3) Upon receipt, the clerk shall recordthe order in the County Clerk Lien Record.

In addition to any other remedy provided bylaw, recording an order in the County ClerkLien Record pursuant to this section has theeffect provided for in ORS 205.125 and205.126, and the order may be enforced asprovided in ORS 205.125 and 205.126. [1979c.840 §10; 1999 c.153 §1]

671.710 Priority on satisfaction ofclaims. (1) Determinations by the StateLandscape Contractors Board or judgmentsagainst the surety bond or deposit of a land-scape contractor shall be satisfied in the pri-ority listed in paragraphs (a) to (d) of thissubsection in any 90-day period. A 90-day pe-riod shall begin on the date the first claimis filed with the board. A subsequent 90-dayperiod shall begin on the date the first claimis filed with the board after the close of eachpreceding 90-day period. Within a 90-day pe-riod:

(a) Determinations and judgments as aresult of claims against a landscape contrac-tor by owners of property upon which land-scaping work was performed, or wascontracted to perform, shall have paymentpriority to the full extent of the bond or de-posit over all other claims.

(b) If the total of all claims against alandscape contractor does not exhaust thebond or deposit, then amounts due as a re-sult of all other claims filed within that90-day period may be satisfied from the bondor deposit.

(c) If the total of all claims against alandscape contractor exceeds the amount ofthe bond or deposit available for such claims,the bond or deposit shall be apportioned asthe board determines, subject to the priori-ties established under this section.

(d) If the total of all claims against alandscape contractor does not exceed theamount of the bond or deposit available forsuch claims, all amounts due as a result ofclaims filed within the 90-day period shallhave priority over all claims filed after the90-day period until the amount of the bondor deposit available for such claims is ex-hausted.

(2) The bond or deposit shall not be usedto satisfy claims filed more than one yearfollowing the date the work was completed.[1973 c.832 §29d; 1979 c.840 §11; 1983 c.452 §19; 1999 c.34§1]

671.720 [1975 c.757 §11; 1987 c.461 §5; 1991 c.734 §66;1995 c.645 §5; 1997 c.337 §4; 2001 c.108 §3; 2001 c.409 §9a;renumbered 671.955 in 2001]

PENALTIES671.950 Civil penalties for violations

of ORS 671.310 to 671.459. (1) The StateLandscape Architect Board may impose acivil penalty against any person who violatesany provision of ORS 671.310 to 671.459 or



any rule adopted thereunder. The penaltyshall be imposed in the manner provided byORS 183.745. The board shall determine theamount of a civil penalty imposed under thissection, not to exceed $5,000 for each offense.Notwithstanding ORS 670.335, civil penaltiesrecovered under this section shall be depos-ited into an account established by the boardas provided under ORS 182.470. Moneys de-posited are appropriated continuously to theboard for the administration and enforcementof ORS 182.456 to 182.472, 671.310 to 671.459and 671.950. The Attorney General shallbring an action in the name of the State ofOregon in a court of appropriate jurisdictionto enforce any civil penalty imposed underthis section.

(2) In determining the amount of a civilpenalty imposed under this section, the boardmay consider:

(a) The seriousness of the violation;(b) The economic benefit to the violator

resulting from the violation;(c) Whether the violator has previously

committed violations; and(d) Other factors that the board finds ap-

propriate. [Formerly 671.435; 2003 c.14 §425]

671.955 Civil penalties for violationsof ORS 671.510 to 671.710; rules. (1) Exceptas provided in subsection (4) of this section,a person who violates any provision of ORS671.510 to 671.710 or a rule adopted pursuantto subsection (5) of this section or ORS670.310, 670.605 or 671.670 shall forfeit andpay to the State Landscape ContractorsBoard a civil penalty in an amount deter-mined by the board of not more than $2,000for each offense. Notwithstanding ORS670.335, except as the board may otherwiseprovide under ORS 182.462 (5), the boardshall deposit moneys received as fees or civilpenalties into the account created by theboard pursuant to ORS 182.470.

(2) The board shall impose civil penaltiesunder this section as provided in ORS183.745.

(3) The provisions of this section are inaddition to and not in lieu of any other pen-alty or sanction provided by law.

(4) The board shall impose penalties andsanctions for violation of ORS 671.610 (8) onboth the person to whom the contract isawarded and the person who awards thecontract as follows:

(a) A civil penalty of not less than $500nor more than $1,000 for the first offense;

(b) A civil penalty of not less than $1,000nor more than $2,000 for the second offense;

(c) Suspension of license for six monthsfor a third offense; and

(d) Revocation of license for three yearsfor a fourth offense.

(5) The board shall provide by rule aprocess and criteria that must be met forrestoration of a license that has been re-voked.

(6) If at any time following restorationof a license revoked under subsection (4)(d)of this section, the person is again found tohave violated ORS 671.610 (8), the boardshall revoke the person′s license perma-nently. [Formerly 671.720]

671.990 Penalties for violations of ORS671.010 to 671.220 or 671.530. (1) Violationof any of the provisions of ORS 671.010 to671.220 is subject to the provisions of ORS671.220.

(2) Violation of ORS 671.530 is a misde-meanor. [Subsection (2) enacted as 1961 c.431 §24;subsection (3) enacted as 1971 c.764 §22; 1977 c.803 §17;1981 c.536 §18]

671.992 Criminal penalties for vio-lations of ORS 671.310 to 671.459. A personwho violates any provision of ORS 671.310 to671.459, or any rule of the State LandscapeArchitect Board adopted thereunder, is guiltyof a misdemeanor. Subject to ORS 161.655, acourt may impose on the person a fine of notless than $250 or more than $5,000, a termof imprisonment of not more than sixmonths, or both. [2001 c.950 §8; 2003 c.14 §426]


chapter 671

Documents