OAR 808-002-0455: Install

(1) For the purpose of ORS 671.520, ORS 671.522, OAR 808-002-0500 and OAR 808-002-0780 "install" means: (a) The planting of lawns, trees, shrubs, vines and nursery stock outdoors including the preparation of the property. For the purpose of this rule, planting includes, but is not limited to, the excavation of the planting pit or hole, physically moving the plant into the pit or hole, backfilling the pit or hole, compacting the backfill and staking the plant if necessary. (b) Adding mulching material when a tree, shrub, vine, and/or nursery stock are planted. (c) The laying of artificial turf as defined in OAR 808-002-0500(2) including the preparation of the site. (d) Hydroseeding (also called hydromulching or hydraulic mulch seeding when mulch is added to the seed slurry). For purposes of this rule, hydroseeding includes, but is not limited to, truck-mounted, trailer-mounted or any type of seed sprayer. The seed slurry for spraying may include water, fertilizer, tackifying agents, fiber mulch, green dye or other substances that promote seed growth and may be used to, for example, grow grass, restore habitat or prevent soil erosion even if no further preparation of the property is performed before or after the hydroseeding takes place. (e) The construction of (A) Ornamental water features, (B) Landscape drainage, (C) Irrigation systems, (D) Fences, (E) Decks, (F) Arbors, (G) Patios, (H) Landscape edging, (I) Driveways, (J) Walkways; and (K) Retaining walls. (2) Except as provided in subsection (1) installing does not include: (a) The placement of mulching materials including, but is not limited to, bark dust, chips, husks, shells or compost around a tree, shrub, vine, and/or nursery stock if that tree, shrub, vine and/or nursery stock was planted more than 30 days prior to application of the mulch; (b) Overseeding. For purposes of this rule, overseeding means the addition of grass seed directly to an existing lawn or other turf landscape feature without first removing/tearing up the turf or the soil upon which it rests. This includes using a mechanical seeder or broadcast seeder; and (c) The planting of nursery stock for commercial sale or reforestation.