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Oregon Bulletin

September 1, 2012

Landscape Contractors Board, Chapter 808

Rule Caption: Amends 2011–2013 adopted budget.

Adm. Order No.: LCB 5-2012

Filed with Sec. of State: 8-2-2012

Certified to be Effective: 8-2-12

Notice Publication Date: 7-1-2012

Rules Amended: 808-001-0008

Subject: OAR 808-001-0008 is being amended to amend the 2011–2013 adopted budget.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-001-0008

Operating Budget

Pursuant to ORS 182.462, the Board adopts the budget, for the biennium beginning July 1, 2011 and ending June 30, 2013, as approved at a Board Meeting held June 16, 2011 and amended on July 24, 2012. The amended budget is effective July 1, 2012. The Board Administrator will add or amend accounts as necessary, within the approved budget amount for the effective operation of the Board. Copies of the budget are available at the Board’s office.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 182.462
Hist.: LCB 3-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 3-2005, f. & cert. ef. 6-1-05; LCB 1-2006, f. 3-27-06, cert. ef. 4-1-06; LCB 2-2007, f. & cert. ef. 5-16-07; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 5-2011, f. & cert. ef. 6-17-11; LCB 5-2012, f. & cert. ef. 8-2-12


 

Rule Caption: Clarifies some materials used for the installation of landscaping work.

Adm. Order No.: LCB 6-2012

Filed with Sec. of State: 8-2-2012

Certified to be Effective: 8-2-12

Notice Publication Date: 5-1-2012

Rules Amended: 808-002-0500

Subject: Clarifies some materials used for the installation of landscaping work. The listing of examples is not limiting, but includes synthetic turf.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-002-0500

Landscaping Work

“Landscaping Work,” as used in ORS 671.540, 671.570 671.660(5) and 671.690, means:

(1) The planning or installing of lawns, shrubs, vines, trees, and nursery stock outdoors including the preparation of property on which the vegetation is to be installed. For the purposes of this rule, “preparation of property” includes, but is not limited to the installation of root penetration prevention materials, the placement of containers and pots that require the use of power equipment to move, the adding and incorporating of soil amendments, importation of topsoil and other planting media, removal of soil, and final grading to the specified aesthetic and drainage needs of a site on which landscaping work is to be performed;

(2) The construction or repair of ornamental water feature or drainage systems;

(3) The construction or repair of irrigation systems for lawns, shrubs, vines, trees and nursery stock;

(4) The maintenance of irrigation systems with the use of compressed air;

(5) The planning and installing of fences, decks, arbors, patios, landscape edging, driveways, walkway and retaining walls, which can be constructed of, but not limit to, the following materials: sand, gravel, rocks, bricks, concrete, asphalt, wood, wire, plastic, composite decking, fabrics and synthetic turf.

(6) Landscaping work does not include structural work, waterproofing or work with waterproof membranes, flashing, or other work involving the building envelope that is outside the scope of license of a landscape contracting business.

Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670
Stats. Implemented: ORS 671.520, 671.530, 671.540 & 671.660
Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LC 2-1984, f. & ef. 10-2-84; LC 1-1985, f. & ef. 7-1-85; LC 1-1986, f. & ef. 1-3-86; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 3-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 9-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 6-2012, f. & cert. ef. 8-2-12


 

Rule Caption: Extends deadline from 30 days to 180 days for post approval of CEH courses.

Adm. Order No.: LCB 7-2012

Filed with Sec. of State: 8-2-2012

Certified to be Effective: 8-2-12

Notice Publication Date: 5-1-2012

Rules Amended: 808-040-0050

Rules Repealed: 808-040-0050(T)

Subject: Extends deadline from 30 days to 180 days for post approval of CEH courses. This filing will replace a temporary rule that is already in place.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-040-0050

Program Approval Process

(1) Pre-approval Process. Programs offered by any institution, agency, professional organization or association, which conducts educational meetings, workshops, symposiums, seminars and other such activities where a CEH credit is desired must be approved by the Board prior to the presentation of the program and prior to the attendance by a licensee. The written request for the issuance of CEH credit must:

(a) Be received on a form provided by the Board at least 30 calendar days prior to the presentation date (unless otherwise approved by the agency Administrator) and include:

(A) Name of sponsoring institution, association or organization;

(B) Title of the presentation;

(C) Date of presentation;

(D) Topic covered from list in 808-040-0040;

(E) A written outline of the program;

(F) The length of the program in hours;

(G) Name of instructor or presenter;

(H) Type of CEH requested;

(I) Copy of the certificate to be given to each attendee with the signature of the instructor or presenter or the official stamp of the sponsor on the certificate. If more than one presenter is authorized to sign, then the signatures of each presenter must be on the certificate or on copies of the certificate; and

(J) Contact information for the provider which must include the address, phone number, fax number and email (if available) for the provider.

(b) Upon receipt of all documentation required in subsection (1) of this rule the board will review the request and notify the provider by either email or regular mail the determination of the CEH allowed by the board.

(2) Other Approval Process. In the event a landscape construction professional attends a program that is not pre-approved as outlined in section (1) above,

(a) The landscape construction professional may request approval of the attended program by submitting written documentation no later than 180 days after the date the program was attended that includes:

(A) Name of sponsoring institution, association or organization;

(B) Topic of the presentation;

(C) Title of the presentation;

(D) Name of instructor or presenter;

(E) Date of presentation;

(F) Length of presentation in hours;

(G) Type of CEH; and

(H) Number of CEH claimed.

(I) Signature of the instructor or presenter or official stamp of the sponsor signifying attendance and completion of the course.

(b) The board, after reviewing the submitted documentation, will determine:

(A) If the program meets the conditions for the CEH requirement; and

(B) The number of CEH allowed for the program, if any.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.676
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 1-2012(Temp), f. 3-30-12, cert. ef. 4-1-12 thru 9-28-12; LCB 7-2012, f. & cert. ef. 8-2-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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