2017 ORS 443.485¹
Registration required
  • fee
  • rules
  • civil penalty
  • grounds for suspension or revocation of registration

(1) Subject to ORS 443.490 (Waiver of registration), the owner or operator of a community-based structured housing facility offered to the general public shall register with the Department of Human Services or the Oregon Health Authority, as appropriate, the name and address of the owner or operator if the facility:

(a) Provides housing and meals to two or more adults who are elderly or have disabilities, as defined in ORS 443.480 (Definitions for ORS 443.480 to 443.500), and who are not related to the person by blood or marriage; and

(b) Is not licensed or registered under any other law of this state or city or county ordinance or regulation.

(2) The registration fee is $20 annually.

(3) The department and the authority shall establish by rule reasonable and appropriate standards for the operation of facilities subject to ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities) that fall within their respective jurisdictions. The standards must be consistent with the residential nature of the facilities and must address, at a minimum, the:

(a) Physical properties of the facility;

(b) Storage, preparation and serving of food at the facility;

(c) Storage, preparation and dispensing of medications and the assistance provided by staff to residents in taking medications; and

(d) Number, experience and training of the staff of the facility.

(4) The department or the authority shall provide evidence of the registration to the person. The evidence shall be posted in the facility.

(5) The department or the authority may impose a civil penalty not to exceed $200 for:

(a) Operating without registration as required under this section; or

(b) A violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property).

(6) The department or the authority may suspend or revoke registration or deny the issuance of registration for violation of any statute, rule, ordinance or regulation relating to the facility.

(7) A facility may not be required to register with both the department and the authority under this section. If a facility falls within the jurisdiction of both the department and the authority, the Director of Human Services and the Director of the Oregon Health Authority shall determine the agency responsible for registering the facility.

(8) Rules adopted under subsection (3) of this section must avoid imposing on facilities regulated by federal agencies any reporting requirements or review processes that duplicate the reporting requirements or review processes imposed by the federal agency. [1989 c.581 §1; 1991 c.413 §5; 2007 c.70 §249; 2015 c.740 §3]

Note: See note under 443.480 (Definitions for ORS 443.480 to 443.500).

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.