Or. Admin. Code § 411-310-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-310-0020 - Definitions

(1) "Adult" means an individual 18 years or older.

(2) "Care and Custody" means minimum services (which may include mortgage, insurance, utilities, phone) and property protection for vacant homes in which the Department has a financial interest.

(3) "Care Provider" means a person, family member, or entity that provides care for an individual.

(4) "Change Order" means requested additional work on an approved project, which may increase the cost of the project.

(5) "Child" means an individual who is less than 18 years of age.

(6) "Community Housing" means real property, including but not limited to buildings, structures, improvements to real property and related equipment that is used or could be used to house and provide care for individuals. "Community housing" includes a single-family home or multiple-unit residential housing that an individual shares with other inhabitants, including but not limited to family members, care providers or friends. "Community housing" does not include the Eastern Oregon Training Center.

(7) "Community Housing Trust Account" means a dedicated account within the Developmental Disabilities Community Housing Fund which includes proceeds from the sale, transfer or lease of any surplus real property owned, operated, or controlled by the Department and used as a state training center, of which 95% of the sale or transfer amount will remain in the account in perpetuity. Interest earned in the account and 5% of the sale or transfer proceeds may be used for community housing.

(8) "Construct" means to build, install, assemble, expand, alter, convert, replace or relocate Community Housing. "Construct" includes the installation of equipment and preparation of a site for Community Housing.

(9) "Contract Work Order" means a document identifying specific responsibilities of a contractor and the Department concerning necessary work on Community Housing.

(10) "Contractor" means a person or business that is registered with the Oregon Construction Contractors Board who, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, any building or improvement attached to real estate or any part thereof. "Contractor" includes general contractors and specialty contractors as defined in OAR chapter 812, division 002.

(11) "Department" means the Oregon Department of Human Services, Office of Developmental Disabilities Services, unless otherwise noted.

(12) "Development Project" means construction of new Community Housing or major renovation of Community Housing, where individuals live or intend to live and receive services. Specific responsibilities are defined in a Facility Plan.

(13) "Developmental Disabilities Community Housing Fund" means a fund with the State Treasury, separate and distinct from the General Fund, which receives appropriations to the Department to pay expenses incurred in carrying out the provisions of ORS 427.330 and 427.335. Interest earned accrues to the fund.

(14) "Developmental Disabilities Services" is defined in OAR 411-317-0000.

(15) "Equipment" means furnishings, fixtures, appliances, special adaptive equipment or supplies that are used or could be used to provide care in Community Housing.

(16) "Facility Plan" means a detailed scope of work, including costs, submitted by a Contractor, Housing Provider or Care Provider to the Department for approval, on a form prescribed by the Department, for the construction or major remodel of Community Housing.

(17) "Family Member" means a person who is related by blood or marriage to an individual.

(18) "Financial Assistance" means a grant or loan from the Department to pay expenses incurred in providing Community Housing.

(19) "Housing Authority" means a public corporation created and chartered by the governmental authority of a city or county to provide safe, decent, sanitary and affordable housing for persons or families of lower income residing within the geographical jurisdiction of the Housing Authority.

(20) "Housing Provider" means a person or entity that provides Community Housing.

(21) "Individual" means a person for whom developmental disabilities services are planned or provided.

(22) "Minor Housing Project" means small construction projects (under $10,000.00) performed in residences that are leased or owned by organizations, individuals, Care Providers, or private parties where individuals reside and receive services or where services are planned.

(23) "Mortgage" means a conditional and time limited pledge of property to the Department in exchange for funds expended to build, renovate or adapt real property for use by individuals.

(24) "Owner" means the organization or person owning the residence where individuals live or plan to live and receive services. Owners may include but are not limited to family members, licensed service providers, foster providers or housing development organizations.

(25) "Region" means a group of counties organized to provide efficient delivery of various services to individuals.

(26) "Regulatory Agreement" means a restrictive covenant running with real property that specifies the intent to use that property for the benefit and enjoyment of individuals for a length of time according to terms stated in the agreement.

(27) "Scope of Work" means a detailed outline of work to be performed, including any necessary drawings, suitable for Contractor bidding, and including all information that might be required to obtain a building permit.

(28) "Specifications" means a detailed list of the type and quality of materials (which may include brand names and model numbers) and standards of work for bidding or performing construction activities.

(29) "Surplus Property" means personal property, real property, vehicles and equipment excess to the State's needs that can be used in the activity of providing Community Housing.

(30) "Trust Deed" means an instrument which transfers (conveys) legal title of a property to a trustee, for the benefit of the beneficiary or grantee named therein, to be held pending fulfillment of obligations secured by such instrument.

(31) "Trust Deed Note" means a promissory note secured by a Trust Deed.

Or. Admin. Code § 411-310-0020

SPD 7-2003, f. & cert. ef. 4-1-03; SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06; APD 59-2024, amend filed 10/24/2024, effective 10/25/2024

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 427.330 - 427.345