OAR 808-003-0126: Permits and Other Requirements for Work Performed by a Landscape Contracting Business

(1) Prior to the performance of work requiring LCB licensure, the landscape contracting business must obtain a permit for the proposed work, if a permit is required, or confirm in writing that the property owner or general contractor has already pulled the required permit. This includes but is not limited to the installation of: (a) A backflow assembly for irrigation systems or water features; (b) A retaining wall, driveway, deck, fence, walkway, arbor, landscape edging or patio; (c) Low voltage wiring for irrigation systems or landscape lighting; (d) Plantings on structures; and (e) Drainage systems for landscaping work. (2) Prior to the performance of landscaping work on a structure the landscape contracting business must confirm that the structure has been properly engineered and municipal approval has been obtained in writing or by issuance of a municipal permit for construction. (3)(a) Tapping into the potable water supply and installation of irrigation or ornamental water feature backflow assemblies shall be done by a licensed landscape construction professional who holds a backflow license and who is either an employee or owner of a landscape contracting business. The landscape construction professional or landscape contracting business shall obtain all required permits prior to the installation of the backflow assembly or confirm in writing that the property owner or general contractor has already pulled the required permits, and the landscape construction professional shall install the backflow assembly in conformance with the applicable code requirements. (b) If a landscape construction professional or landscape contracting business fails to obtain permits to tap into the potable water system for the installation of backflow assemblies for irrigation or ornamental water feature, or fails to confirm in writing that necessary permits have been obtained by the property owner or general contractor, or fails to comply with applicable code requirements, the Board, in addition to any other remedy, may suspend, condition or revoke the landscape construction professional and/or landscape contracting business license. (4) The preparation of plans and drawings for a landscape irrigation system may only be prepared by a landscape construction professional if that professional: (a) Holds a license that authorizes the installation of irrigation systems as stated in OAR 808-003-0040 of this rule; and (b) Meets the employment requirements of ORS 671.570(1)(d); or (c) Meets any of the alternative experience qualifications listed under OAR 808-003-0025. (5) A landscape contracting business shall not perform defective work as defined in OAR 808-002-0320. Pursuant to ORS 671.610(1)(c) and ORS 671.997(1) the agency may revoke or suspend a landscape construction professional license or landscape contracting business license or both licenses and may assess a civil penalty against either licensee if work performed by the landscape contracting business has been determined to be defective work as defined in OAR 808-002-0320. (6) Upon the effective date of the 2023 rule amendments, the provisions of this rule will apply to: (a) all claims that remain open at the Board, and (b) all claims received after the effective date of the 2023 rule amendments. (7) The 2023 amendments to this rule will not apply to claims cases closed prior to the effective date of this rule.