§ 446.405 — Complaint procedure; inspections; rules; fees; failure to obey order of department

Oregon § 446.405

• Jurisdiction: Oregon
• Vol.: 12
• Title 36: Public Health and Safety
• Ch. 446: Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership

Text

(1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. The department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the Director of the Department of Consumer and Business Services, the department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance.
(2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section.
(3) If the installer fails to bring the installation into compliance as ordered, the department may suspend or revoke the installer’s license as provided under ORS 455.129.
(4) If the installer fails to bring the installation into compliance, the department shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 and 446.395 to 446.420 and the rules adopted under ORS 446.003 and 446.395 to 446.420. The dealer is responsible to bring only those installation activities into compliance that the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the installation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by ORS 446.416.
(5) Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 to 183.497 and this section.

Legislative History

1989 c.683 §5; 1991 c.226 §14; 1993 c.744 §61; 2001 c.411 §14; 2005 c.758 §10; 2013 c.324 §5