Chapter 307 Oregon Laws 1999
Session Law
AN ACT
HB 2586
Relating to smoke detection
devices; creating new provisions; amending ORS 90.302, 90.320, 90.325, 105.465,
455.340, 479.250, 479.255, 479.260, 479.270, 479.275, 479.280, 479.285,
479.290, 479.295, 479.297, 479.300, 479.540 and 479.990; repealing section 4,
chapter 647, Oregon Laws 1997; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 479.250 is amended to read:
479.250. As used in ORS 479.250 to 479.300, unless the context
requires otherwise:
(1) ["Approved smoke
detector"] "Smoke
alarm" means a self-contained
single or multiple station detection device for products of combustion
other than heat [which] that conforms to the state building code [requirements], rules of the State Fire Marshal and that is listed by Underwriters
Laboratories or any other nationally recognized testing laboratory. "Smoke alarm" includes but is
not limited to devices listed under UL 217 (1998). "Smoke alarm" may
include two or more single station units wired to operate in conjunction with
each other.
(2) "Smoke
detector" means a device that is not self-contained, that detects products
of combustion other than heat, that is intended for use in conjunction with a
central control panel, that conforms to the state building code and rules of
the State Fire Marshal and that is listed by Underwriters Laboratories or any
other nationally recognized testing laboratory. "Smoke detector"
includes but is not limited to devices listed under UL 268 (1998).
[(2)] (3) "Door knock alerting
device" or "door knock device" means an approved electronic unit
that alerts a hearing impaired occupant of a knock on the door of the sleeping
room that the hearing impaired person is occupying.
[(3)] (4) "Dwelling unit" means a
structure or part of a structure providing complete, independent living
facilities for one or more persons including permanent provisions for sleeping,
eating, cooking and sanitation.
[(4)] (5) "Hotel" means any
building containing six or more guest rooms [which] that are rented,
hired out or made available on a regular basis for sleeping purposes but are not used as a primary residence.
[(5)] (6) "Landlord" means the
owner, lessor or sublessor of the rental dwelling unit or guest room in the
building of which it is a part.
[(6)] (7) "Lodging house" is any
building or portion thereof containing not more than five guest rooms [used for] that are made available for sleeping purposes [where rent is] in exchange for compensation paid in money, goods, labor or other
tender but are not used as a primary
residence.
[(7)] (8) "Smoke [detector] alarm for
hearing impaired persons" means an approved smoke [detector] alarm that,
when activated by smoke or products of combustion, produces an audible and a
visual warning. The visual warning shall produce a light signal sufficient to
warn a hearing impaired person of the presence of fire or smoke.
(9) "State building
code" shall have the meaning for that term provided under ORS 455.010.
[(8)] (10) "Tenant" means a person
entitled to occupy a dwelling unit on a rental or lease basis.
SECTION 2.
ORS 479.255 is amended to read:
479.255. (1) Every dwelling unit [occupied by a tenant]
regulated under ORS chapter 90, every lodging house and every hotel guest
room shall contain an approved and properly functioning smoke alarm or smoke detector, [as described in ORS 479.250 (1),] installed in accordance with the state building code and rules of the
State Fire Marshal [adopted under ORS
479.295].
(2) A hotel shall provide no fewer than one smoke [detector] alarm for hearing impaired persons and one door knock device for
each 75, or fraction thereof, rooms of the hotel that are regularly used for
sleeping.
(3) If a person renting a room in a hotel requests a room with
a smoke detector or a smoke [detector] alarm for hearing impaired persons and a door knock device, the
landlord shall:
(a) Install a portable smoke [detector] alarm for
hearing impaired persons and a door knock device; or
(b) Provide the person with a room in which a smoke detector or smoke alarm for hearing impaired
persons and a door knock device have been permanently installed.
(4) The landlord may require a guest to pay a refundable
deposit if the landlord provides the smoke [detector] alarm for hearing impaired persons
under subsection (3)(a) of this section.
(5) A hotel shall provide a printed notice of the requirements
of subsection (3) of this section, posted conspicuously at the place of
registration or in each guest room.
SECTION 2a. (1)
Not later than January 1, 2002, every smoke alarm installed in a dwelling unit
regulated under ORS chapter 90, a lodging house or a hotel guest room, as
required under ORS 479.255, shall contain the features described in ORS 479.297
(1) and (2).
(2) The State Fire Marshal
by rule may exempt hotels with sprinkler fire suppression systems from the
requirements of this section.
SECTION 3.
ORS 479.260 is amended to read:
479.260. No person shall convey fee title to any real property
which includes a dwelling unit, or transfer possession of any dwelling unit
pursuant to a land sale contract, unless there is installed in the dwelling
unit an approved smoke detector or smoke
alarm installed in accordance with the rules of the State Fire Marshal adopted
under ORS 479.295.
SECTION 4.
ORS 479.260, as amended by section 5, chapter 647, Oregon Laws 1997, is amended
to read:
479.260. (1) No person shall convey fee title to any real
property that includes a dwelling unit
or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land
sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or
the required number of approved smoke [detectors] alarms, installed in accordance with
the state building code and rules of
the State Fire Marshal adopted under ORS 479.295. The smoke [detectors] alarms required by this subsection shall meet the requirements of
ORS 479.297.
(2)(a) No person
shall convey title or transfer possession of any manufactured dwelling, as
defined in ORS 446.003, unless there is installed in the manufactured dwelling
the required number of approved smoke [detectors] alarms or smoke detectors, installed
in accordance with the state building code [as
defined in ORS 455.010] or with the federal manufactured dwelling
construction and safety standards adopted under ORS 446.155.
(b) A smoke alarm
installed in a manufactured dwelling that is resold by a person other than the
manufacturer or authorized dealer shall meet the requirements of ORS 479.297.
SECTION 5. Nothing in the amendments to ORS 479.260 by
sections 3 and 4 of this 1999 Act affects the operative date provisions of
section 8, chapter 647, Oregon Laws 1997.
SECTION 6.
ORS 479.270 is amended to read:
479.270. (1) The owner of any rental dwelling unit or the
owner's authorized agent shall be responsible for supplying, installing and
maintaining the required smoke [detector] alarms or smoke detectors and shall
provide a written notice containing instructions for testing of the [device] devices. The notice shall be given to the tenant at the time the
tenant first takes possession of the premises.
(2) The duty of the owner or authorized agent of the owner to
maintain the required smoke [detector] alarms or smoke detectors, including
providing working batteries, arises only:
(a) Prior to the beginning of every new tenancy when the tenant
first takes possession of the premises; and
(b) During the tenancy upon written notice from the tenant of
any deficiency, not including replacing dead batteries, as provided in ORS
479.275.
(3) Supplying and maintaining a smoke [detector] alarm or smoke
detector under ORS 479.250 to 479.300 shall be considered a habitable
condition under ORS 90.320.
SECTION 7.
ORS 479.275 is amended to read:
479.275. It shall be the responsibility of the tenant of any
rental dwelling unit to perform such tests on the smoke [detectors] alarms or smoke
detectors located in a part of the dwelling unit that the tenant is
entitled to occupy to the exclusion of others as are recommended by the
manufacturer's instructions and immediately notify, in writing, the owner or
authorized agent of any deficiencies. Testing intervals shall not exceed six
months. It shall also be the responsibility of the tenant during the tenancy to
replace any dead batteries, as needed.
SECTION 8.
ORS 479.280 is amended to read:
479.280. (1) If a rental dwelling unit is not equipped with the
required smoke [detector] alarm or smoke detector, or if the [detector] smoke alarm or smoke detector is not operating properly and the
owner or the owner's authorized agent has not installed a properly operating
smoke [detector] alarm or smoke detector within 10 days after receiving written
notice from the tenant of the deficiency, the tenant may file a complaint with
the State Fire Marshal or the appropriate official charged with the duty of
providing fire protection services within the local jurisdiction.
(2) Upon receipt of a complaint filed under subsection (1) of
this section, the State Fire Marshal or the appropriate local fire official
shall investigate the alleged violation of ORS 479.250 to 479.300 [and 479.990 (6)]. If the State Fire
Marshal or appropriate local fire official finds that the landlord has failed
to install a properly operating smoke [detector] alarm or smoke detector in the unit
under investigation, the State Fire Marshal or local fire official may issue a
citation which shall substantially conform to the requirements for a citation
under ORS 153.710 to 153.725.
(3) In the absence of a complaint from the tenant, the State
Fire Marshal or an appropriate local fire official may initiate the citation
process by presenting the owner with a written notice of the deficiency and
specifying a period of not less than 10 days for compliance.
(4) If the State Fire Marshal or appropriate local fire
official finds that the landlord of a hotel
or lodging house has failed to comply with the requirements of ORS 479.255
(2) or (3), the State Fire Marshal or local fire official may issue a citation
which shall substantially conform to the requirements for a citation under ORS
153.710 to 153.725.
SECTION 9.
ORS 479.285 is amended to read:
479.285. Where the smoke
alarm or smoke detector is located in a common area of a lodging house, the
owner or the owner's authorized agent shall be responsible for maintenance of
the required smoke alarm or smoke
detector and for performing such
tests as are recommended by the manufacturer and is not required to provide
notice of instructions under ORS 479.270. Testing intervals shall not exceed
six months.
SECTION 10.
ORS 479.290 is amended to read:
479.290. The owner, owner's authorized agent, tenant, contract
seller or contract purchaser of a dwelling unit shall not be held liable in any
civil action for damages for death or injury to persons or property resulting
from the mechanical failure of a smoke alarm
or smoke detector required under ORS 479.250 to 479.300 [and 479.990 (6)].
SECTION 11.
ORS 479.295 is amended to read:
479.295. Notwithstanding the provisions of ORS 476.030, the
State Fire Marshal shall adopt, by rule:
(1) Standards for the installation and maintenance of smoke
alarms and smoke detectors as the State Fire Marshal considers necessary to
carry out the purposes of ORS 479.250 to 479.300 [and 479.990 (6)]; and
(2) Standards for the implementation of ORS 479.250 to [479.258, 479.280 and 479.295] 479.300 and 479.990 (6).
SECTION 12.
ORS 479.297 is amended to read:
479.297. (1) [All smoke
detectors sold in the State of Oregon that are solely battery-operated shall
contain an installed battery with at least a 10-year life.] All ionization smoke alarms sold in this
state that are solely battery-operated shall be packaged with a 10-year
battery.
(2) All ionization
smoke [detectors] alarms sold in [the State of
Oregon] this state shall include
a "hush" mechanism that allows a person to temporarily disengage the
alarm for a period of not more than 15 minutes.
(3) The provisions of
this section do not apply to:
(a) Smoke alarms
specifically designed for hearing impaired persons;
(b) Smoke alarms sold in
this state for shipment out of state; or
(c) Smoke alarms sold for
installation in recreational vehicles, commercial vehicles, railroad equipment,
aircraft, marine vessels or manufactured dwellings.
(4) The sale of a
recreational vehicle, commercial vehicle, railroad equipment, aircraft, marine
vessel or new manufactured dwelling containing a smoke alarm does not
constitute sale of a smoke alarm.
SECTION 13.
ORS 479.300 is amended to read:
479.300. No person shall remove or tamper with a properly
functioning smoke alarm or smoke
detector installed in conformance with ORS 479.250 to 479.300 [and 479.990 (6)]. This prohibition
includes removal of working batteries.
SECTION 14.
ORS 479.990 is amended to read:
479.990. (1) Violation of any provision of ORS 479.020 to
479.130 or 479.160, or failure, neglect or refusal to comply with any
requirements in these sections or rules
adopted thereunder, is punishable[,
upon conviction,] by a [fine] civil penalty of not more than $50.
Each day's violation of or failure to comply with these provisions shall be
deemed a separate [offense] violation.
(2) Violation of any provision of ORS 479.130 or rules adopted thereunder is
punishable[, upon conviction,] by a [fine] civil penalty of not more than $50. Each day's violation shall be
deemed a separate [offense] violation.
(3) Violation of ORS 479.150 or rules adopted thereunder is punishable[, upon conviction,] by a [fine] civil penalty of not less than $10 nor
more than $100[, or by imprisonment in
the county jail not less than 10 days nor more than six months, or both].
Each day of failure to comply with the provisions of ORS 479.150 or rules adopted thereunder shall be
deemed a separate [offense] violation.
(4) Any owner or occupant of any building or premises who fails
to comply with any order provided for in ORS 479.170 and not appealed from, or
with any such order of the State Fire Marshal upon appeal to the State Fire
Marshal, shall be punished by a [fine] civil penalty of not more than $500
for each violation. [Actions therefor
shall be brought in the name of the state by the Attorney General or district
attorney in any court of competent jurisdiction in the county where the
building or premises are located.] All penalties, fees or forfeitures
collected under the provisions of this subsection shall be paid into the State
Treasury.
(5) Violation of any provision of ORS 479.510 to 479.945 or rules adopted thereunder is
punishable[, upon conviction,] by a [fine] civil penalty of not less than $100 nor more than $5,000.
(6) Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300 or rules adopted thereunder is
punishable by a [fine of] civil penalty imposed by the State Fire
Marshal in an amount not to exceed $250.
(7) Civil penalties
under this section shall be imposed as provided in ORS 183.090.
SECTION 15.
ORS 479.990, as amended by section 7, chapter 647, Oregon Laws 1997, is amended
to read:
479.990. (1) Violation of any provision of ORS 479.020 to
479.130 or 479.160 or rules adopted
thereunder, or failure, neglect or refusal to comply with any requirements
in these sections, is punishable[, upon
conviction,] by a [fine] civil penalty of not more than $50.
Each day's violation of or failure to comply with these provisions shall be
deemed a separate [offense] violation.
(2) Violation of any provision of ORS 479.130 or rules adopted thereunder is
punishable[, upon conviction,] by a [fine] civil penalty of not more than $50. Each day's violation shall be
deemed a separate [offense] violation.
(3) Violation of ORS 479.150 or rules adopted thereunder is punishable[, upon conviction,] by a [fine] civil penalty of not less than $10 nor
more than $100[, or by imprisonment in
the county jail not less than 10 days nor more than six months, or both].
Each day of failure to comply with the provisions of ORS 479.150 or rules adopted thereunder shall be
deemed a separate [offense] violation.
(4) Any owner or occupant of any building or premises who fails
to comply with any order provided for in ORS 479.170 and not appealed from, or
with any such order of the State Fire Marshal upon appeal to the State Fire
Marshal, shall be punished by a [fine] civil penalty of not more than $500
for each violation. [Actions therefor
shall be brought in the name of the state by the Attorney General or district
attorney in any court of competent jurisdiction in the county where the
building or premises are located.] All penalties, fees or forfeitures
collected under the provisions of this subsection shall be paid into the State
Treasury.
(5) Violation of any provision of ORS 479.510 to 479.945 or rules adopted thereunder is
punishable[, upon conviction,] by a [fine] civil penalty of not less than $100 nor more than $5,000.
(6) Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300 [or section 4, chapter 647, Oregon Laws 1997], or rules adopted thereunder, is
punishable by a [fine of] civil penalty imposed by the State Fire
Marshal in an amount not to exceed $250.
(7) Civil penalties
under this section shall be imposed as provided in ORS 183.090.
SECTION 16. Nothing in the amendments to ORS 479.990 by
sections 14 and 15 of this 1999 Act affects the operative date provisions of
section 8, chapter 647, Oregon Laws 1997.
SECTION 17. Section 18 of this 1999 Act is added to and
made a part of ORS 455.410 to 455.450.
SECTION 18. (1)
The Department of Consumer and Business Services shall amend the state building
code as necessary for the purpose of reducing the frequency of false alarms
from smoke alarms and smoke detectors. Rules adopted under this section shall
be designed to address smoke alarms and smoke detectors in single family and
multifamily dwellings, hotels and lodging houses and shall not apply to
recreational vehicles, commercial vehicles, railroad equipment, aircraft,
marine vessels and manufactured dwellings.
(2) As used in this section,
"smoke alarm" and "smoke detector" shall have the meanings
provided in ORS 479.250.
SECTION 19.
ORS 90.302 is amended to read:
90.302. (1) Except as specifically provided otherwise in this
chapter, a landlord may require the payment of a fee, if such fee is related to
and designated as being charged for a specific reasonably anticipated landlord
expense. A landlord shall provide a receipt for such fee, and the receipt or a
written rental agreement shall describe the anticipated landlord expense to be
covered by the fee and describe the landlord's duties under subsection (4) of
this section.
(2) Except as provided in subsection (3) of this section, a
landlord shall not charge a fee more than once, at the beginning of or during
the tenancy.
(3) A landlord may charge a fee more than once, at the
beginning of or during the tenancy, for:
(a) A late rent payment, pursuant to ORS 90.260;
(b) A dishonored check, pursuant to ORS 82.300;
(c) Removal or tampering with a properly functioning smoke alarm or smoke detector, as
provided in ORS 90.325 (7), if a written rental agreement provides for a fee
for such removal or tampering; and
(d) Any other noncompliance by the tenant with a written rental
agreement that provides for a fee for such noncompliance, provided that such
fee shall not be excessive.
(4) A landlord shall not be required to account for or return
to the tenant any fee. Upon termination of a tenancy and delivery of
possession, a landlord shall first apply any fee to the related landlord
expense as reasonably assessed against the tenant, before applying the tenant's
security deposit, if any, to that expense.
(5) Nonpayment of a fee shall not constitute grounds for
eviction for nonpayment of rent pursuant to ORS 90.400 (2), but shall
constitute grounds for eviction pursuant to ORS 90.400 (1) or 90.630.
(6) This section shall not apply to attorney fees awarded
pursuant to ORS 90.255 or to applicant screening fees charged pursuant to ORS
90.295.
SECTION 20.
ORS 90.320 is amended to read:
90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes of this
section, a dwelling unit shall be considered unhabitable if it substantially
lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in
effect at the time of installation, and maintained in good working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under
applicable law; and
(D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be controlled by the
landlord;
(d) Adequate heating facilities which conform to applicable law
at the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
which conform to applicable law at the time of installation and maintained in
good working order;
(f) Building, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for normal and
reasonably foreseeable uses, clean, sanitary and free from all accumulations of
debris, filth, rubbish, garbage, rodents and vermin, and all areas under
control of the landlord kept in every part safe for normal and reasonably
foreseeable uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
(g) Except as otherwise provided by local ordinance or by
written agreement between the landlord and the tenant, an adequate number of
appropriate receptacles for garbage and rubbish in clean condition and good
repair at the time of the commencement of the rental agreement, and the
landlord shall provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if supplied or
required to be supplied by the landlord;
(j) Safety from [the]
fire hazards [of fire], including a working
smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any
new tenancy when the tenant first takes possession of the premises, as provided
in ORS 479.270, but not to include the tenant's testing of the smoke alarm or smoke detector as
provided in ORS 90.325 (6); or
(k) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which access may be had
to that portion of the premises which the tenant is entitled under the rental
agreement to occupy to the exclusion of others and keys for such locks which
require keys.
(2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and minor remodeling
only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is specifically
stated.
(3) Any provisions of this section that reasonably apply only
to a structure that is used as a home, residence or sleeping place shall not
apply to a manufactured dwelling, recreational vehicle or floating home where
the tenant owns the manufactured dwelling, recreational vehicle or floating
home but rents the space.
SECTION 21.
ORS 90.325 is amended to read:
90.325. The tenant shall:
(1) Use the parts of the premises including the living room,
bedroom, kitchen, bathroom and dining room in a reasonable manner considering
the purposes for which they were designed and intended;
(2) Keep all areas of the premises under control of the tenant
in every part as clean, sanitary and free from all accumulations of debris,
filth, rubbish and garbage, as the condition of the premises permits;
(3) Dispose from the dwelling unit all ashes, garbage, rubbish
and other waste in a clean, safe and legal manner. With regard to needles,
syringes and other infectious waste, as defined in ORS 459.386, the tenant may
not dispose of these items by placing them in garbage receptacles or in any
other place or manner except as authorized by state and local governmental agencies;
(4) Keep all plumbing fixtures in the dwelling unit or used by
the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other facilities and appliances
including elevators in the premises;
(6) Test at least once every six months and replace batteries
as needed in any smoke alarm or
smoke detector provided by the landlord and notify the landlord in writing of
any operating deficiencies as described in ORS 479.275;
(7) Not remove or tamper with a properly functioning smoke alarm or smoke detector,
including removing any working batteries, as provided in ORS 479.300;
(8) Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or knowingly permit any person to do
so; and
(9) Conduct the tenant and require other persons on the
premises with the consent of the tenant to conduct themselves in a manner that
will not disturb the neighbors' peaceful enjoyment of the premises.
SECTION 22.
ORS 455.340 is amended to read:
455.340. No county shall exempt any building from requirements
of the structural code relating to:
(1) Fire egress, fire retardant, [and] smoke alarms and smoke detectors;
(2) Maximum bending stress allowed by the structural code for
structural members; or
(3) Insulation and energy conservation.
SECTION 23.
ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection,
no person is required to obtain a license to make an electrical installation on
property that is owned by the person or a member of the person's immediate
family if the property is not intended for sale, exchange, lease or rent. The
following apply to the exemption established in this subsection:
(a) The exemption established for a person under this
subsection does not exempt the work performed by the person from having to
comply with the requirements for such work under ORS chapter 455 or this
chapter and rules adopted thereunder.
(b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an exemption for
work on, alterations to or replacement of parts of electrical installations as
necessary for maintenance of the existing electrical installations on that
property, but does not exempt new electrical installations or substantial
alterations to existing electrical installations on that property. As used in
this paragraph, "new electrical installations or substantial alterations"
does not include the replacement of an existing garbage disposal, dishwasher or
electric hot water heater with a similar appliance of 30 amps or less, single
phase, by a landlord, landlord's agent or the employee of the landlord or
landlord's agent.
(2) No electrical contractor license is required in connection
with an electrical installation:
(a) Of meters and similar devices for measuring electricity by
a person principally engaged in the business of generating or selling
electricity in connection with the construction or maintenance of electrical
lines, wires or equipment.
(b) Of ignition or lighting systems for motor vehicles.
(c) To be made by a person on the person's property in
connection with the person's business.
(d) To be made by a public utility, telecommunications utility
or municipality for generation, transmission or distribution of electricity on
property which it owns or manages.
(3) No person whose sole business is generating or selling
electricity in connection with the construction or maintenance of electrical
lines, wires or equipment, is required to obtain a license to transform,
transmit or distribute electricity from its source to the service head of the
premises to be supplied thereby.
(4)(a) No person is required to obtain a license for the repair
or replacement of light fixtures, light switches, lighting ballast, electrical
outlets or smoke [detectors] alarms in a building used for housing
purposes that is owned, leased, managed or operated by a housing authority and
the person doing the repair or replacement is a member of the housing
authority's regular maintenance staff.
(b) No license is required for:
(A) Temporary demonstrations;
(B) A street lighting system located on a public street or in a
right of way if the system is similar to a system provided by a public utility
and the installation or maintenance, or both, is performed by a qualified
employee of a licensed electrical contractor principally engaged in the
business of installing and maintaining such systems; or
(C) An outdoor transmission or distribution system, whether
overhead or underground, if the system is similar to a system provided by a
public utility and the installation or maintenance, or both, is performed by a
qualified employee of a licensed electrical contractor principally engaged in
the business of installing and maintaining such systems.
(c) For the purposes of this subsection, "qualified
employee" means an employee who has registered with or graduated from a
State of Oregon or federally approved apprenticeship course designed for the
work being performed. The supervising electrician signature required under ORS
479.560 (1)(b) does not apply to contractors working under this subsection.
(5) The provisions of ORS 479.510 to 479.945 do not apply:
(a) To electrical products owned by, supplied to or to be
supplied to a public utility as defined in ORS 757.005 or telecommunications
utility as defined in ORS 759.005;
(b) To electrical installations made by or for such a public
utility or telecommunications utility where the electrical installations are an
integral part of the equipment or electrical products of such utility; or
(c) To any electrical generation plant owned or operated by a
municipality to the same extent as a public utility or telecommunications
utility under paragraphs (a) and (b) of this subsection.
(6) No permit is required:
(a) For the repair or replacement of light fixtures, light
switches, lighting ballast, electrical outlets or smoke [detectors] alarms in a
building used for housing purposes that is owned, leased, managed or operated
by a housing authority; or
(b) For the repair, alteration or replacement of existing
electrical products or electrical installations authorized by ORS 479.560 (3)
at an industrial plant, a commercial office building, a building that is owned,
leased, managed or operated by the state or a local government entity or other
facilities designated by the Electrical and Elevator Board when the owner,
operating manager or electrical contractor of the facility meets the provisions
of ORS 479.630 (1) and (2) and:
(A) Obtains a master permit for inspection under ORS 479.560
(3); or
(B) Obtains a master individual inspection permit under ORS
479.565.
(7) In cases of emergency in industrial plants no permit is
required in advance for electrical installation made by a person licensed as a
general supervising electrician, a general journeyman electrician or an
electrical apprentice under ORS 479.630 if an application accompanied by
appropriate fee for a permit is submitted to the Department of Consumer and
Business Services within five days after the commencement of such electrical
work.
(8) No person is required to obtain a license or permit to set
in place and connect a certified electrical product as long as the work performed
is not an electrical installation as defined in ORS 479.530.
(9) The provisions of ORS 479.510 to 479.945 do not apply to
electrical installations involving:
(a) Communication and signal systems of railroad companies.
(b) Telephone terminal equipment and communications systems
including all grandfathered or registered telephone terminal equipment and
communications systems identified in the Federal Communications Commission
rules and regulations, Volume X, part 68, and all terminal equipment and communications
systems that are utilized in conjunction with private line communications
services.
(c) Remote and permanent broadcast systems of radio and
television stations licensed by the Federal Communications Commission if the
systems are not part of the building's permanent wiring.
(10)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS 455.610 to
455.630 or 479.510 to 479.945 if the board determines that the electrical
product does not present a danger to the health and safety of the people of
this state.
(b) If the board grants an exemption pursuant to subsection (1)
of this section, the board may determine that the product may be installed by a
person not licensed under ORS 479.510 to 479.945.
(11) ORS 479.760 does not apply to products described in this
subsection that comply with the minimum electrical installation safety code.
This subsection does not exempt any products used in locations determined to be
hazardous in the electrical code of this state. The following apply to this
subsection:
(a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
(A) Industrial electrical equipment.
(B) The rotating equipment portion of power generation
equipment.
(C) Testing equipment used in a laboratory or hospital.
(D) Commercial electrical air conditioning equipment.
(E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of business for
assembly on the job site if the work is composed of parts that are certified
electrical products.
(b) Notwithstanding paragraph (a) of this subsection, the board
may require any of the products described in paragraph (a) of this subsection
to be subject to the certification requirements under ORS 479.760 if the board
determines that the product or class of products has presented a fire or life
safety hazard in use. A determination under this paragraph shall be effective
as to any such product or class of products sold or offered for sale after the
date of the determination becomes final. The board may reinstate any exemption
removed under this paragraph if the board determines that the reasons for the
removal of the exemption have been corrected.
(12) ORS 479.760 does not apply to electrical equipment that
has been in use for one year or more and that is offered for sale.
(13) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty contractor license
issued under ORS 479.510 to 479.945 or a person who is the employee of such
license holder and who is listed with the board as an employee is not required
to have a journeyman license or supervising electrician's license to perform
work authorized under the person's license.
(14) No person is required to obtain a permit for work on,
alterations to or replacement of parts of electrical installations as necessary
for maintenance of existing electrical installations on residential property
owned by the person or by a member of the person's immediate family. This
subsection does not establish an exemption for new electrical installations or
substantial alterations to existing electrical installations.
(15) No permit is required for those minor electrical
installations for which the board has authorized an installation label.
(16) A residential home, as defined in ORS 443.580, and an
adult foster home, as defined in ORS 443.705, shall not be considered to be a
multifamily dwelling and only electrical installation standards and safety
requirements applicable to single family dwellings apply to such homes.
(17) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television installations.
(18) The provisions of any electrical products code or rule
adopted pursuant to ORS 479.510 to 479.945 apply to cable and such products
installed as part of a cable television installation.
(19) As used in this
section, "smoke alarm" shall have the meaning given that term under
ORS 479.250.
SECTION 24.
ORS 105.465 is amended to read:
105.465. (1) The provisions of ORS 105.465 to 105.490, 696.301
and 696.870:
(a) Apply to the real property described in subparagraphs (A)
to (D) of this paragraph unless the buyer indicates to the seller, which
indication shall be conclusive, that the buyer will use the real property for
purposes other than a residence for the buyer or the buyer's spouse, parent or
child:
(A) Real property consisting of or improved by one to four
dwelling units other than a lot in a planned community as defined in ORS 94.550
and for which a Statement of Planned Community Information is not required
under ORS 94.670 (4);
(B) A condominium unit as defined in ORS 100.005 and not
subject to disclosure under ORS 100.705;
(C) A timeshare property as defined in ORS 94.803 and not
subject to disclosure under ORS 94.829; and
(D) A manufactured dwelling, as defined in ORS 446.003, that is
owned by the same person who owns the land upon which the manufactured dwelling
is situated.
(b) Do not apply to a leasehold in real property.
(2) A seller shall deliver one of the following to each buyer
who makes a written offer to purchase real property in this state:
(a) A written disclaimer that the seller makes no
representations or warranties as to the condition of the real property or any
improvement thereon and that the buyer will be purchasing the property "as
is," that is, with all defects, if any; or
(b) A seller's property disclosure statement in substantially
the following form:
___________________________________________________________________
SELLER'S PROPERTY DISCLOSURE
STATEMENT
(NOT A WARRANTY)
(105.465)
INSTRUCTIONS TO THE SELLER
Please complete the
following form. Do not leave any spaces blank unless the question clearly does
not apply to the property. Please refer to the line number(s) of the
question(s) when you provide your explanation(s). For your protection you must
date and sign each page of this disclosure statement and each attachment.
NOTICE TO THE BUYER
THE FOLLOWING
REPRESENTATIONS ARE MADE BY THE SELLER(S), CONCERNING THE CONDITION OF THE
PROPERTY LOCATED AT _________ ("THE PROPERTY").
DISCLOSURES CONTAINED IN
THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE
OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU HAVE FIVE BUSINESS DAYS FROM THE
SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER,
UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE
EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO
OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE
PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, PLUMBERS,
ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller____ is/____ is not
occupying the property.
I. SELLER'S
REPRESENTATIONS:
The following are representations
made by the seller
and are not the
representations of any financial
institution that may have made or
may make a loan pertaining to
the property, or that may have or
take a security interest in the
property.
1. TITLE
[ ]Yes[ ]No A. Do
you have legal
authority to sell the
property?
[ ]Yes[ ]No * B. To your knowledge, is
title to the property
subject to any of the
following:
(1) First right of refusal
(2) Option
(3) Lease or rental
agreement
(4) Other listing
(5) Life estate?
[ ]Yes[ ]No * C. Are you aware of any
encroachments, bound-
ary agreements, bound-
ary disputes or recent
boundary changes?
[ ]Yes[ ]No * D. Are you aware of any
rights of way, ease-
ments or licenses
(access limitations)
that may affect your
interest in the
property?
[ ]Yes[ ]No * E. Are you aware of any
written agreements for
joint maintenance of
an easement or right
of way?
[ ]Yes[ ]No F. Are
you aware of any
governmental study,
survey or notices that
would affect the
property?
[ ]Yes[ ]No G. Are
you aware of any
pending or existing
assessments against the
property?
[ ]Yes[ ]No H. Are
you aware of any
zoning violations or
nonconforming uses?
[ ]Yes[ ]No * I. Are you aware of a
boundary survey for the
property?
[ ]Yes[ ]No * J. Are you aware of any
covenants, conditions
or restrictions which
affect the property?
2. WATER
A. Household
Water
(1) The source of the
water is:
[ ]Public[ ]Community
[ ]Private[ ]Shared
(2) Water source infor-
mation:
[ ]Yes[ ]No * a. Are you aware
of any written
agreements for
shared water
source?
[ ]Yes[ ]No * b. To your knowl-
edge, is there
an easement
(recorded or
unrecorded)
for access to
and/or main-
tenance of the
water source?
[ ]Yes[ ]No c. Are any known
problems or
repairs needed?
[ ]Yes[ ]No (3) Are you aware of
any water treat-
ment systems for
the property?
[ ]Leased[ ]Owned
B. Irrigation
[ ]Yes[ ]No (1) Are you aware of
any water rights
for the property?
[ ]Yes[ ]No *(2) If there exist any,
to your knowledge,
have the water
water rights been
used during the last
five-year period?
[ ]Yes[ ]No *(3) If so, is the certi-
ficate available?
C. Outdoor
Sprinkler
system
[ ]Yes[ ]No (1) To your knowledge,
is there an outdoor
sprinkler system for
the property?
[ ]Yes[ ]No (2) To your knowledge,
has a back flow
valve been
installed?
[ ]Yes[ ]No (3) To your knowledge,
is the outdoor
sprinkler system
operable?
3. SEWAGE
[ ]Yes[ ]No A. To
your knowledge, is
the property connected
to a sanitary sewer?
[ ]Yes[ ]No B. Are
you aware of any
sanitary sewer
proposed for the
property?
[ ]Yes[ ]No C. To
your knowledge, is
the property connected
to a septic system or
cesspool?
[ ]Yes[ ]No D. Are
you aware of any
problems or repairs
needed?
[ ]Yes[ ]No E. To
your knowledge,
does your sewage
system require on-site
pumping to another
level?
4. INSULATION
A. To
your knowledge, is
there insulation in the:
[ ]Yes[ ]No (1) Ceiling?
[ ]Yes[ ]No (2) Exterior walls?
[ ]Yes[ ]No (3) Floors?
[ ]Yes[ ]No B. To
your knowledge,
are there any
defective insulated
windows?
5. STRUCTURAL
[ ]Yes[ ]No * A. To your knowledge,
has the roof leaked?
[ ]Yes[ ]No If yes, has it been
repaired?
[ ]Yes[ ]No B. Additions/conversions/
remodeling?
[ ]Yes[ ]No * If yes, are you aware
of whether a building
permit was obtained?
[ ]Yes[ ]No Was final inspection
obtained?
[ ]Yes[ ]No C. To
your knowledge,
are there smoke
[detectors] alarms?
[ ]Yes[ ]No If there are, which are
electrical (hard-wired)?
___________
[ ]Yes[ ]No D. To
your knowledge, is
there a woodstove?
Make_______
[ ]Yes[ ]No Was it installed with a
permit?
[ ]Yes[ ]No * E. Are you aware of
whether a pest or
dry rot, structural
or "whole house"
inspection has
been done?
[ ]Yes[ ]No * F. Are you aware of any
moisture problems in the
structure (especially
in the basement)? If
yes, explain frequency
and extent of prob-
lem on attached sheet
[ ]Yes[ ]No G. Are
you aware of a
sump pump on the
property?
6. SYSTEMS
AND FIXTURES
If the following systems or
fixtures are included in the
purchase price, are they, to
your
knowledge, in good
working order on the date
this form is signed?
[ ]Yes[ ]No A. Electrical
system,
including wiring,
switches, outlets
and service
[ ]Yes[ ]No B. Plumbing
system,
including pipes,
faucets, fixtures
and toilets
[ ]Yes[ ]No C. Hot
water tank
[ ]Yes[ ]No D. Garbage
disposal
[ ]Yes[ ]No E. Built-in
range and oven
[ ]Yes[ ]No F. Built-in
dishwasher
[ ]Yes[ ]No G. Sump
pump
[ ]Yes[ ]No H. Heating
and cooling
systems
[ ]Yes[ ]No I. Security
system
[ ]Owned[ ]Leased
7. COMMON
INTEREST
[ ]Yes[ ]No A. Home
Owners'
Association?
Name of Association
______________
Contact Person
______________
Address
______________
Phone Number
_______________
[ ]Yes[ ]No B. Regular
periodic
assessments: $____
per[ ] Month [ ] Year
[ ] Other______
[ ]Yes[ ]No C. Are
you aware of any
pending special
assessments?
[ ]Yes[ ]No D. Are
you aware of any
shared "common
areas" or any joint
maintenance agree-
ments (facilities such
as walls, fences, pools,
tennis courts, walk-
ways or other areas
co-owned in undivided
interest with others)?
8. GENERAL
[ ]Yes[ ]No A. Are
you aware of any
settling, soil, standing
water or drainage
problems on the
property or in the
immediate area?
[ ]Yes[ ]No B. To
your knowledge,
does the property
contain fill?
[ ]Yes[ ]No C. Are
you aware of any
material damage to the
property or any of the
structure from fire,
wind, floods, beach
movements, earthquake,
expansive soils
or landslides?
[ ]Yes[ ]No D. To
your knowledge, is
the property in a
designated flood plain?
[ ]Yes[ ]No E. To
your knowledge, is
the property in a
designated slide zone?
[ ]Yes[ ]No F. Are
you aware of any
substances, materials
or products that may
be an environmental
hazard such as, but
not
limited to,
asbestos, formaldehyde,
radon gas, lead based
paint, fuel or
chemical storage
tanks, and contaminated
soil or water on the
subject property?
[ ]Yes[ ]No G. Are
you aware of any
tanks or underground
storage tanks (e.g.,
septic, chemical, fuel,
etc.) on the property?
[ ]Yes[ ]No H. To
your knowledge,
has the property ever
been used as an
illegal drug manu-
facturing site?
9. FULL
DISCLOSURE BY
SELLERS
A. Other
conditions or
defects
[ ]Yes[ ]No Are you aware of any
other material defects
affecting this prop-
erty or its value that
a prospective buyer
should know about?
B. Verification
The foregoing answers
and attached explan-
ations (if any) are
complete and correct
to the best of my/our
knowledge and I/we
have received a copy
hereof. I/we authorize
all of my/our agents
to deliver a copy of
this disclosure state-
ment to other real
estate licensees and
all prospective buyers
of the property.
DATE _________ SELLER
_________
SELLER _______________
II. BUYER'S
ACKNOWLEDGMENT
A. As
buyer(s), I/we
acknowledge the duty
to pay diligent
attention to any
material defects which
are known to me/us or
can be known by me/us
by utilizing diligent
attention and observation.
B. Each
buyer acknowledges
and understands that the
disclosures set forth in
this statement and in any
amendments to this
statement are made only
by the seller and are not
the representations of any
financial institution that
may have made or may
make a loan pertaining to
the property, or that may
have or take a security
interest in the property
and no such financial
institution shall be
bound by or have any
liability with respect to
any representation, mis-
representation, omission,
error or inaccuracy
contained in another
party's disclosure state-
ment required by this
section or any amendment
to the disclosure
statement.
C. Buyer
(which term includes
all persons signing the
"buyer's acceptance"
portion of this disclosure
statement below) hereby
acknowledges receipt of
a copy of this disclosure
statement (including
attachments, if any)
bearing seller's signature.
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY
THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. YOU, THE BUYER, HAVE FIVE BUSINESS DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER
UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS
SELLER'S DISCLOSURE STATEMENT.
DATE ______________
BUYER _______________
BUYER _______________
Agent to sign and date:
__________ Real Estate Licensee
__________ Real Estate Organization
*If yes, attach a copy or explain on attached sheet
___________________________________________________________________
SECTION 25. Section 4, chapter 647, Oregon Laws 1997,
is repealed.
SECTION 26. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor June 23, 1999
Filed in the office of Secretary of State June 23,
1999
Effective date June 23, 1999
__________