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

__________