ORS 443.420¹
Qualifications for license

(1) A person applying for a license under ORS 443.415 (License applications) must, in the judgment of the Director of Human Services, be a person:

(a) Who demonstrates an understanding and acceptance of the rules governing residential facilities;

(b) Mentally and physically capable of caring for such residents; and

(c) Who employs or utilizes only individuals whose presence does not jeopardize the health, safety or welfare of residents.

(2) A residential facility shall not be operated or maintained in combination with a nursing home or hospital unless licensed, maintained and operated as a separate and distinct part.

(3) All physical residential facilities used for residents shall meet applicable requirements of the State Fire Marshal.

(4) Prior to licensure, a residential facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements.

(5) Prior to licensure, a residential facility that proposes to house persons under the age of 21 years shall submit written proof of compliance with ORS 336.575 (Notice and consultation before establishing, expanding or changing residential program) to the Department of Human Services. [1977 c.717 §4; 1985 c.264 §3]

Atty. Gen. Opinions

Licensing nursing homes for mentally retarded under licensing pro­vi­sions of residential facilities, (1978) Vol 39, p 1

1 Legislative Counsel Committee, CHAPTER 443—Home Health Agencies; Residential Facilities; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors443.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 443, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­443ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information