2017 ORS 671.520¹
Definitions for ORS 671.510 to 671.760

As used in ORS 671.510 (Short title) to 671.760 (Business income tax), unless the context requires otherwise:

(1) “Landscape construction professional” means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to:

(a) Plan or install lawns, shrubs, vines, trees or nursery stock;

(b) Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be installed;

(c) Install, maintain or repair ornamental water features and landscape drainage systems;

(d) Maintain irrigation systems with the use of compressed air and as otherwise provided by the State Landscape Contractors Board by rule;

(e) Install or repair landscape irrigation systems as provided by the board by rule; or

(f) Plan, install, maintain or repair fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.

(2) “Landscape contracting business” means a business that for compensation or with the intent to be compensated arranges, submits a bid, or otherwise offers or contracts, for the performance of activities described in subsection (1) of this section.

(3) “Licensee” means a person that is licensed under ORS 671.510 (Short title) to 671.760 (Business income tax) as a landscape construction professional or landscape contracting business.

(4) “Nursery stock” means nursery stock:

(a) As defined by ORS 571.005 (Definitions for ORS 571.005 to 571.230) other than stock grown for commercial resale or reforestation; or

(b) As defined by the board by rule.

(5) “Ornamental water features” means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule. [1971 c.764 §2; 1973 c.832 §26; 1975 c.757 §1; 1981 c.536 §22; 1983 c.452 §1; 1985 c.565 §91; 1987 c.414 §45; 1997 c.785 §1; 1999 c.32 §1; 2001 c.48 §1; 2005 c.609 §10; 2007 c.541 §11; 2009 c.483 §1; 2015 c.672 §6]

Notes of Decisions

Plaintiff, who had contract with defendant landscape contractor to move and place topsoil as part of shopping mall landscaping project, was not landscape contractor under this sec­tion. Valley Excavating, Inc. v. Clark, 107 Or App 42, 810 P2d 869 (1991)

Plaintiff, who was handyman by trade, did not pursue landscaping work on any regular ongoing basis, and worked only at defendant’s request and under defendant’s control and supervision on activities which did not require specialized art, ability, experience, knowledge, science or skill, was not engaged in business of landscape contracting under this sec­tion. Rhorer v. Vickers, 107 Or App 178, 810 P2d 1341 (1991)

Seller of prop­erty does not “offer” landscape contractor services by virtue of prop­erty landscaping completed prior to sale. J. L. Ward Co. v. Landscape Contractors Board, 141 Or App 181, 916 P2d 887 (1996), modified 142 Or App 438, 921 P2d 416 (1996)

Law Review Cita­tions

16 WLR 511 (1979)

1 Legislative Counsel Committee, CHAPTER 671—Architects; Landscape Professions and Business, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors671.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 671, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano671.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.