Or. Admin. R. 808-003-0126 - Permits and Other Requirements for Work Performed by a Landscape Contracting Business

(1) Prior to the performance of work a landscape contracting business must obtain a permit, if required. This includes but is not limited to the installation of:
(a) A backflow assembly for irrigation systems or water features;
(b) A retaining wall, driveway, deck, fence, walkway, arbor, landscape edging or patio;
(c) Low voltage wiring for irrigation systems or landscape lighting;
(d) Plantings on structures; and
(e) Drainage systems for landscaping work.
(2) Prior to the performance of landscaping work on a structure the landscape contracting business must confirm that the structure has been properly engineered and municipal approval has been obtained in writing or by issuance of a municipal permit for construction.
(a) Tapping into the potable water supply and installation of irrigation or ornamental water feature backflow assemblies shall be done by a licensed landscape construction professional who holds a backflow license and who is either an employee or owner of a landscape contracting business. The landscape construction professional or landscape contracting business shall obtain all required permits prior to the installation of the backflow assembly and the landscape construction professional shall install the backflow assembly in conformance with the applicable code requirements.
(b) If a landscape construction professional or landscape contracting business fails to obtain permits to tap into the potable water system for the installation of backflow assemblies for irrigation or ornamental water feature or fails to comply with applicable code requirements, the Board, in addition to any other remedy, may suspend, condition or revoke the landscape construction professional and/or landscape contracting business license.
(4) The preparation of plans and drawings for a landscape irrigation system may only be prepared by a landscape construction professional if that professional:
(a) Holds a license that authorizes the installation of irrigation systems as stated in OAR 808-003-0040 of this rule; and
(b) Meets the employment requirements of ORS 671.570(1)(d); or
(c) Meets any of the alternative experience qualifications listed under OAR 808-003-0025.
(5) A landscape contracting business shall not perform defective work as defined in OAR 808-002-0320. Pursuant to ORS 671.610(1)(c) and ORS 671.997(1) the agency may revoke or suspend a landscape construction professional license or landscape contracting business license or both licenses, and assess a civil penalty against either licensee if work performed by the landscape contracting business has been determined to be defective work as defined in OAR 808-002-0320.


Or. Admin. R. 808-003-0126
LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 9-2015, f. 12-22-15, cert. ef. 1/1/2016; LCB 7-2018, amend filed 09/27/2018, effective 10/1/2018

Statutory/Other Authority: ORS 670.310 & 671.670

Statutes/Other Implemented: ORS 671.310 & 671.595

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