Oregon Statutes 456.594 – Definitions
As used in ORS § 456.594 to 456.599:
Terms Used In Oregon Statutes 456.594
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(1) ‘Cash payment’ means a payment made by the Housing and Community Services Department to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.
(2) ‘Contractor’ means a person that installs or assists a dwelling owner to install energy conservation measures in a dwelling.
(3)(a) ‘Dwelling’ means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant.
(b) ‘Dwelling’ includes a manufactured dwelling as defined in ORS § 446.003, a floating home as defined in ORS § 830.700 and a single unit in multiple-unit residential housing.
(c) ‘Dwelling’ does not include a recreational vehicle as defined in ORS § 174.101.
(4) ‘Dwelling owner’ means the person:
(a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and
(b) Whose dwelling receives space heating primarily from a fuel oil dealer.
(5) ‘Energy conservation items’ includes but is not limited to air sealing, weatherstripping, ceiling and wall insulation, crawl space insulation, vapor barrier materials, programmable thermostats, insulation of heating ducts and water pipes in unheated spaces, and replacement windows.
(6)(a) ‘Energy conservation measures’ includes the installation of energy conservation items and the energy conservation items installed, where the items are primarily designed to improve the space heating and energy utilization efficiency of a dwelling.
(b) ‘Energy conservation measures’ does not include the dwelling owner’s own labor.
(7) ‘Fuel oil dealer’ means a person, association, corporation or other form of organization that supplies fuel oil at retail for the space heating of dwellings.
(8) ‘Person’ means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.
(9) ‘Petroleum supplier’ means a petroleum refiner in this state or any person engaged in the wholesale distribution of distillate fuel oil in this state.
(10) ‘Residential customer’ means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service received at the dwelling.
(11) ‘Space heating’ means the heating of living space within a dwelling.
(12) ‘Tenant’ means a tenant as defined in ORS § 90.100 or any other tenant. [Formerly 469.673; 2019 c.422 § 32]
456.594 to 456.599 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.