Chapter 30
AN ACT
SB 99
Relating to forestland-urban interface fire protection; creating new
provisions; and amending ORS 105.464, 205.130, 477.017, 477.023, 477.027,
477.029, 477.031, 477.052, 477.054, 477.057, 477.059, 477.060 and 477.061.
Be It Enacted by the People of
the State of
SECTION 1. ORS 477.017 is amended to read:
477.017. (1) The
Legislative Assembly finds that:
(a) The forestland-urban
interface situation in
(b) Urban and suburban
structures, real property and [other]
natural resources [within a
forestland-urban interface] are subject to increased risks of catastrophic
damage by forestland-urban interface fire events.
(c) There is greater
complexity in forestland-urban interface fire protection than in either
resource land fire protection or urban structural fire protection.
(d) In dealing with the
forestland-urban interface situation, major and long term solutions will
involve local actions and efforts by property owners.
(e) One solution or set
of solutions will not fit all situations or areas of the state.
(2) The Legislative
Assembly declares that:
(a) In order to ensure
the protection of human life, the safety of citizens and fire service personnel
and the highest possible level of livability in
(b) All forestland-urban
interface property owners have a basic responsibility to share in this complete
and coordinated protection system by providing efforts against fire.
(c) Public and property
owner education and awareness is critical to forestland-urban interface
solutions and must occur at multiple levels.
(d) In administration of
ORS 477.015 to 477.061, it is the intent of the Legislative Assembly that
property owners who will be affected by ORS 477.015 to 477.061 will be:
(A) Involved in the
processes of development of administrative rules pursuant to ORS 477.015 to
477.061; and
(B) Notified of the
outcomes of classification pursuant to ORS 477.015 to 477.057.
(3) The purpose of ORS
477.015 to 477.061 is to:
(a) Provide a
forestland-urban interface fire protection system in
(b) Promote and
encourage property owner efforts to minimize and mitigate fire hazards and
risks within the forestland-urban interface.
(c) Promote and
encourage the involvement and interaction of all levels of government and the
private sector that have a direct or indirect interest and role in the
forestland-urban interface situation over the long term.
SECTION 2. ORS 477.023 is amended to read:
477.023. (1) The forestland-urban interface in
(2)(a) It is recognized
that forestland-urban interface areas are already subject to other laws and to
regulations of other agencies. It is the intent of ORS 477.015 to 477.061 to
integrate with and not replace those other laws and regulations.
(b) In the event of an
apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and
by other laws or regulations for which the forester is responsible and has
jurisdiction, the forester shall resolve the conflict within the scope of the
forester’s authority.
(c) [In the event of an apparent conflict,] Except
as provided in paragraph (d) of this subsection, the obligations imposed by
ORS 477.015 to 477.061 [shall] do
not supersede or replace federal law or regulation, other state [agency] law or [regulations] rules, or more restrictive local government
ordinance or code.
(d) In the event of
an apparent conflict between the obligations imposed by ORS 477.015 to 477.061
and a more restrictive local government ordinance or code, the State Forester
may enter into a cooperative agreement with the governing body of a local
government, the terms of which provide that ORS 477.015 to 477.061 supersede
the local government ordinance or code in specified cases.
(e) In the event of an
apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and
the declaration, bylaws, rules or regulations of a homeowners association, the
State Forester may enter into a cooperative agreement with the homeowners
association that allows the declaration, bylaws, rules or regulations of the
homeowners association to supersede ORS 477.015 to 477.061 in specified cases.
The term of a cooperative agreement entered into under this paragraph may not
exceed five years.
(f) When a real property
lot includes one or more structures that have multiple owners, the State
Forester may enter into a cooperative agreement with one or more of the owners,
or a person designated as the representative of the owners, for the purposes of
matters related to ORS 477.015 to 477.061. The term of a cooperative agreement
entered into under this paragraph may not exceed five years.
[(d)] (g) Compliance with the obligations imposed by ORS
477.015 to 477.061 does not relieve the [property]
owner of land of the requirements of other laws or regulations that
might apply to the [property] land
in question.
(3) To encourage
development of a complete and coordinated forestland-urban interface fire
protection system, it is declared to be in the public interest that the State
Board of Forestry and the State Forester take a lead role in statewide
coordination of the forestland-urban interface situation with other state and
federal agencies, local governments and private sector interests that are
concerned with fire protection in the forestland-urban interface.
SECTION 3. ORS 477.027 is amended to read:
477.027. By
administrative rule, the State Board of Forestry shall establish criteria [and a system] by which the
forestland-urban interface shall be identified and classified. The
criteria shall recognize differences across the state in fire hazard, fire risk
and structural characteristics within the forestland-urban interface. [and the system] The criteria shall
include not less than three nor more than five classes
of forestland-urban interface.
SECTION 4. ORS 477.029 is amended to read:
477.029. (1) Pursuant
to a request by the State Forester, the governing body of [each] a county containing
forestland-urban interface may establish a county forestland-urban interface
classification committee of five persons, of whom one shall be appointed
by the State Forester, one by the State Fire Marshal and three by the governing
body. Of the members appointed by the governing body, one must be an owner of land
within the forestland-urban interface [property]
who permanently resides on the [property
or a representative thereof] land. Each appointing authority shall
file with the [forester] State
Forester the name of its appointee or appointees, and the persons so named
shall constitute the committee for the county. Unless otherwise provided for
by the appointing authority, members of the committee shall serve a term of
four years and may be reappointed to any number of terms. Each member of
the committee at all times is subject to replacement by the appointing authority,
effective upon the filing with the [forester]
State Forester by that authority of written notice of [removal and] the name of the new
appointee.
(2) The committee shall
elect from among its members a chair and a secretary and may elect [or employ] other officers[, agents and employees] as it finds
advisable. [It] The committee
shall adopt rules governing its organization and proceedings and the
performance of its duties, and shall keep written minutes of all its meetings.
A quorum of the county forestland-urban interface classification
committee for official actions [shall be
four or more members present] is three members, and a quorum of a
committee established pursuant to subsection (4)(a) of
this section is four members.
(3) The governing body
of the county may provide for the committee and its employees such
accommodations and supplies and such county funds not otherwise appropriated as
the governing body finds necessary for the proper performance of the committee’s
functions. The members of the committee shall receive no compensation for their
services, but the governing body may reimburse them for their actual and
necessary travel and other expenses incurred in the performance of their
duties. By written agreement between the State Forester and the governing body,
the State Forestry Department may provide the functions or be responsible for part
or all of the expenses referred to in this subsection.
(4) In the interest of
efficiency, by written agreement between the State Forester and the governing
body, if a forestland classification committee is established and active within
a county pursuant to ORS 526.305 to 526.340, the members of that
committee may also serve [as] on
the county forestland-urban interface classification committee established by
subsection (1) of this section. In the event that this agreement is made, the
State Forester and the governing body shall ensure that either:
(a) A State Fire Marshal
appointee and [a] an owner of land
within the forestland-urban interface [property
owner] who permanently resides on the [property
or a representative thereof] land are added to the [existing] county forestland
classification committee to bring the total number of committee members to
seven; or
(b) The State Fire
Marshal approves of the current membership of the county forestland
classification committee and the committee includes [a] an owner of land within the forestland-urban interface [property owner] who permanently resides
on the [property or a representative
thereof] land.
SECTION 5. ORS 477.031 is amended to read:
477.031. (1) [Upon establishment of a] A county
forestland-urban interface classification committee established under
ORS 477.029[, the committee shall
investigate and study] shall periodically identify all land to be
designated as forestland-urban interface within [its] the county [and
determine which classifications of forestland-urban interface are represented
according to the classification system] based on the criteria
developed pursuant to ORS 477.027.
(2) [Upon the basis of its investigation and
determination under subsection (1) of this section,] The committee shall
assign all forestland-urban interface forestland [within its county] identified under subsection (1) of this
section to one of the forestland-urban interface [classifications] classes developed pursuant to ORS 477.027.
(3) Before making
final designations and classifications under this section, the [county forestland-urban interface
classification committee first shall adopt preliminary classification
assignments and upon its completion shall cause notice thereof to be published]
committee shall adopt proposed designations and classifications. The committee
shall publish notice of the proposed designations and classifications once
a week for two consecutive weeks in a newspaper of general circulation in the
county, to be posted in three public places within the county, and to be mailed
to the owners of [property within
the preliminary classifications] land that is affected by the proposed
designations and classifications. The notice shall state the time and place
for hearing or receiving objections, remonstrances or suggestions as to the
proposed designations and classifications and the place where [a statement] maps of the [preliminary] proposed designations
and classifications may be inspected.
SECTION 6. ORS 477.052 is amended to read:
477.052. (1) The county
forestland-urban interface classification committee shall hold a public hearing
at the time and place stated in the notice published under ORS 477.031 (3), or
at such other time and place to which the hearing may be adjourned, to receive
from any interested persons objections, remonstrances or suggestions relating
to the proposed designations and classifications. Following the hearing
the committee may make such changes in the [preliminary]
proposed designations and classifications as it finds to be proper, hold
additional hearings as it finds necessary, and thereafter shall make [its] final designations and
classifications.
(2) All final
action by the committee in designating and classifying [or reclassifying] forestland-urban
interface [property] shall be by
formal written order, which must include a statement of findings of fact on the
basis of which the order is made, and must include a list of all land
designated and classified. The committee shall prepare one or more [map] maps showing the final
designations and classifications [or
reclassifications] made. The original of the order shall be filed [immediately] with the county clerk of
the county[, who
shall maintain and make it available for public inspection]. The order
need not meet the requirements of ORS 205.232 to be filed and recorded. A
copy of the order certified by the secretary of the committee shall be sent to
the State [Board of Forestry]
Forester.
(3) Copies of the
order, lists of land and maps required by this section shall be maintained in
designated offices of the forester where they shall be made available for
public inspection.
SECTION 7. ORS 477.054 is amended to read:
477.054. (1) Any owner
of land designated and classified under ORS 477.027 to 477.057 who is
aggrieved by the designation or classification may, within 30 days after
the date of the order making the designation and classification, appeal
to the circuit court for the county. [The
appeal shall be taken by serving the] Notice of an appeal shall
be promptly served on the secretary of the committee or, if the designation
and classification was made under ORS 477.057, on the State Forester[, and by
filing such notice with the county clerk].
(2) The appeal shall be
tried by the circuit court as an action not triable by right to a jury.
SECTION 8. ORS 477.057 is amended to read:
477.057. (1) [In the event no] The State Forester
may designate and classify forestland-urban interface, consistent with and as
described in ORS 477.031 to 477.054, if a designation and classification of
[the] forestland-urban interface is not
made by [a] the county
forestland-urban interface classification committee within a county in which
such land is situated because:
(a) [no committee was
appointed ] The governing body of the county fails to establish a county
forestland-urban interface committee within [for a period of time exceeding] two years after the State
Forester makes a request under ORS 477.029 (1);
(b) [or,
if appointed, a] The committee [did
not act for a period of time exceeding two years] fails to make a
designation and classification within five years after being appointed, or the
committee fails to make a designation and classification within five years of
the last designation and classification made by the committee; or
(c) The committee [acted in a manner inconsistent with law, the
State Forester may make the final classifications that were otherwise to be
made by a committee consistent with and in the same manner as the process
described in] fails to make a designation and classification in a manner
consistent with ORS 477.031 to 477.054.
(2) [Classifications] Designation and
classification by the State Forester [have]
has the same force and effect as though made by a committee for that
county. However, designations and classifications made by the State
Forester cease to be effective if replaced by designations and
classifications made pursuant to ORS 477.052 by the appropriate committee.
SECTION 9. ORS 477.059 is amended to read:
477.059. [(1) An owner of land within a
forestland-urban interface classification, prior to a fire occurrence
originating on the owner’s property, shall take actions, measures or efforts to
minimize or mitigate a fire hazard or risk on the property due singly, or in
combination, to the presence of structures, the arrangement or accumulation of
vegetative fuels or the presence of other fire hazards.]
[(2) The minimum acceptable standards to comply
with subsection (1) of this section shall be established in rules promulgated
by the State Board of Forestry and shall be based on considerations of the
variability of the forestland-urban interface classifications across the state.
The rules established by this subsection shall be provided to all owners,
within the appropriate forestland-urban interface classifications.]
[(3) Structures and real property lots in a forestland-urban interface
classification that, by written evaluation pursuant to rules promulgated by the
board, meet the standards of subsection (2) of this section prior to fire
occurrence on the owner’s property shall be considered certified as having met
the requirements of subsection (1) of this section. The rules established by
this subsection shall:]
[(a) Be provided to all owners, within the
appropriate forestland-urban interface classifications; and]
[(b) Provide for periodic renewal of the written certification based on
the specific characteristics of the applicable forestland-urban interface
classifications.]
[(4) In the event that an owner fails to meet the obligations of
subsection (1) of this section and a fire occurs, then the owner shall be
liable for the actual costs incurred by the forester up to a maximum of
$100,000, excluding that portion of the actual costs which are the ordinary
costs of the regular personnel and equipment of the forest protection district
wherein the forestland-urban interface classification is located if:]
[(a) The fire originates on the owner’s
property;]
[(b) The ignition or spread of the fire is
directly related to the failure to meet the obligations of subsection (1) of
this section; and]
[(c) The fire requires action by the forester pursuant to ORS 477.066
(2) and the forester incurs costs in suppressing the fire.]
(1)(a) The State
Board of Forestry shall by rule establish minimum standards for minimizing or
mitigating:
(A) Fire hazards or
risks on land within a forestland-urban interface due to the presence of
structures or the arrangement or accumulation of vegetative fuels; and
(B) Other fire hazards
or risks or combinations of fire hazards or risks.
(b) In adopting rules
under this subsection, the board shall take into account the variability of the
forestland-urban interface in different parts of the state.
(c) An owner of land
within a forestland-urban interface must comply with the minimum standards
applicable to the land.
(2)(a) Except as
provided in paragraph (b) of this subsection, but no more frequently than once
every five years, the State Forester shall provide written notice of the
applicable minimum standards established under this section to each owner of
land within a forestland-urban interface, unless the owner requests a copy more
frequently.
(b) The board need not
give notice under paragraph (a) of this subsection to an owner of land if the
owner is a member of a homeowners association by reason of owning the land and
the State Forester has entered into a cooperative agreement with the homeowners
association pursuant to ORS 477.023 (2)(e) that
provides for notice to owners through the association.
(3) An owner of land
within a forestland-urban interface must certify in writing to the State
Forester that the owner has complied with the applicable minimum standards established
under this section not later than two years after the order designating the
land as being within the forestland-urban interface is filed with the county
clerk under ORS 477.052 (2). If a subsequent order is filed that changes the
classification of the land, the owner of the land must make a supplemental
certification in writing to the State Forester that reflects the measures that
the owner has taken to comply with the applicable minimum standards established
under this section for the new classification not later than six months after
the new order is filed.
(4) The State Forester
shall accept certifications made to the forester under subsection (3) of this
section. Any owner of land whose written certification has been accepted by the
State Forester under this subsection is not liable for the costs of suppressing
a fire under subsection (6) of this section, unless the State Forester
subsequently determines that the owner of land has provided a false
certification.
(5) The State Board of
Forestry may require periodic renewal of a certification accepted by the State
Forester under subsection (4) of this section, and may require supplemental
certifications from the owner of land that reflect the measures that the owner
has taken to comply with the applicable minimum standards established under
this section. An owner of land is responsible for maintaining the land
described by the certification in compliance with the applicable minimum
standards established under this section.
(6) The owner of land
designated to be within a forestland-urban interface is liable to the State
Forester for the costs of suppressing a fire that occurs on that land, as
described in subsection (7) of this section, if:
(a) The owner has failed
to meet the applicable minimum standards established under this section;
(b) The fire originates
on the owner’s land;
(c) The ignition or
spread of the fire is directly related to the owner’s failure to meet the
applicable minimum standards established under this section; and
(d) The fire requires
action by the forester pursuant to ORS 477.066 (2).
(7) The liability of an
owner of land under subsection (6) of this section may not exceed $100,000. The
State Forester may not seek recovery under subsection (6) of this section for
any portion of the costs of suppressing a fire that are the ordinary costs of
the regular personnel and equipment of the forest protection district in which
the land is located. This subsection does not limit the liability of the owner
under ORS 477.120.
SECTION 10. ORS 477.060 is amended to read:
477.060. (1) In
determining the annual cost of protection pursuant to ORS 477.230, the forester
may consider and include the special or additional cost of fire protection for
property owners within a forestland-urban interface classification,
including the special or unique costs of assessment processing and
administration.
(2) The forester shall
identify special or additional costs identified by subsection (1) of this
section in the budget required by ORS 477.230 to 477.300. These special or
additional costs are in addition to the annual cost of ORS 477.230 (1) and may
not exceed $25 annually for each real property lot. Only those
owners of [property] land
within a forestland-urban interface classification in a forest protection
district shall bear the special or additional cost of fire protection within
the forestland-urban interface in a manner consistent with rules promulgated by
the State Board of Forestry.
SECTION 11. ORS 477.061 is amended to read:
477.061. ORS 477.015 to
477.061 shall be known as the Oregon Forestland-Urban Interface Fire Protection
Act [of 1997].
SECTION 12. ORS 205.130 is amended to read:
205.130. The county
clerk shall:
(1) Have the custody of,
and safely keep and preserve all files and records of deeds and mortgages of
real property, and a record of all maps, plats, contracts, powers of attorney
and other interests affecting the title to real property required or permitted
by law to be recorded.
(2)
Record, or cause to be recorded, in a legible and permanent manner, and keep in
the office of the county clerk, all:
(a) Deeds and mortgages
of real property, powers of attorney and contracts affecting the title to real
property, authorized by law to be recorded, assignments thereof and of any
interest therein when properly acknowledged or proved and other interests
affecting the title to real property required or permitted by law to be
recorded;
(b) Certificates of sale
of real property under execution or order of court, or assignments thereof or
of any interest therein when properly acknowledged or proved;
(c) Certified copies of
death certificates of any person appearing in the county records as owning or
having a claim or interest in land in the county. A death certificate recorded
in the deed records of a county under this subsection is a public record and is
not subject to the disclosure limitations under ORS 432.121;
(d) Instruments
presented for recording by the United States or the State of Oregon, or a
political subdivision of either, that affect title to or an interest in real
property or that lawfully concern real property; [and]
(e) Instruments
recognized under state law or rule or federal law or regulation as affecting
title to or an interest in real property if the instrument is properly
acknowledged or proved; and
(f) Orders from a county
forestland-urban interface classification committee filed under ORS 477.052.
(3) Keep and maintain:
(a) Deed and mortgage
records;
(b) Statutory lien
records;
(c) A record called the
County Clerk Lien Record in which the following shall be recorded:
(A) The warrants and
orders of officers and agencies that are required or permitted by law to be
recorded; and
(B) All instruments
presented for recordation when required or permitted by law to be recorded that
affect the title to or an interest in real property, other than instruments
recorded in the deed and mortgage records or the statutory lien records;
(d) Releases,
satisfactions, assignments, amendments and modifications of recorded instruments;
and
(e) Other instruments
required or permitted by law to be recorded not affecting interests in real
property.
(4) Perform all the
duties in regard to the recording and indexing of deeds and mortgages of real
property, contracts, abstracts of judgments, notices of pendency, powers of
attorney and other interests when required or permitted by law to be recorded
that affect the title of real property, and in regard to the entry of
satisfaction and discharge of the same, together with other documents required
or permitted by law to be recorded.
(5) Incur no civil or
criminal liability, either personally or in an official capacity, for recording
an instrument that does not comply with the provisions of law that require or
allow the recording of the instrument.
SECTION 13. ORS 105.464 is amended to read:
105.464. A seller’s
property disclosure statement must be in substantially the following form:
______________________________________________________________________________
If required under ORS 105.465, a seller shall deliver in substantially
the following form the seller’s property disclosure statement to each buyer who
makes a written offer to purchase real property in this state:
______________________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank.
Please refer to the line number(s) of the question(s) when you provide your
explanation(s). If you are not claiming an exclusion
or refusing to provide the form under ORS 105.475 (4), you should date and sign
each page of this disclosure statement and each attachment.
Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to purchase. Under
ORS 105.475 (4), refusal to provide this form gives the buyer the right to
revoke their offer at any time prior to closing the transaction. Use only the
section(s) of the form that apply to the transaction for which the form is
used. If you are claiming an exclusion under ORS
105.470, fill out only Section 1.
An exclusion may be claimed only if the seller qualifies
for the exclusion under the law. If not excluded, the seller must disclose the
condition of the property or the buyer may revoke their offer to purchase
anytime prior to closing the transaction. Questions regarding the legal
consequences of the seller’s choice should be directed to a qualified attorney.
______________________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470
only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form
completely.
Initial only the exclusion you wish to claim.
____ This is the first sale of a dwelling
never occupied. The dwelling is constructed or installed under building or
installation permit(s) #____, issued by ________.
____ This sale is by a financial institution
that acquired the property as custodian, agent or trustee, or by foreclosure or
deed in lieu of foreclosure.
____ The seller is a court appointed receiver,
personal representative, trustee, conservator or guardian.
____ This sale or transfer is by a
governmental agency.
___________________
Signature(s) of Seller claiming exclusion
Date ________
___________________
Buyer(s) to acknowledge Seller’s claim
Date ________
______________________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION
1, YOU MUST FILL OUT THIS SECTION.)
Section 2. SELLER’S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
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.
BUYER HAS FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS SELLER’S DISCLOSURE
STATEMENT TO REVOKE BUYER’S OFFER BY DELIVERING BUYER’S SEPARATE SIGNED WRITTEN
STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED
SPECIALIST TO INSPECT THE PROPERTY ON BUYER’S BEHALF INCLUDING, FOR EXAMPLE,
ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME
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, or any real estate licensee engaged by the seller or the
buyer.
*If you mark yes on items with *, attach a copy or explain on an
attached sheet.
1. TITLE
A. Do
you have legal authority to sell the property? [
] Yes [ ] No [ ] Unknown
*B. Is title to the property subject to any of the
following: [
] Yes [ ] No [ ] Unknown
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Other listing
(5) Life estate?
*C. Are there any encroachments, boundary
agreements,
boundary disputes or recent
boundary
changes? [
] Yes [ ] No [ ] Unknown
*D. Are there any rights of way, easements,
licenses,
access limitations or claims that
may
affect your interest in the property? [
] Yes [ ] No [ ] Unknown
*E. Are there any agreements for joint
maintenance
of an easement or right of way? [
] Yes [ ] No [ ] Unknown
*F. Are there any governmental studies, designations,
zoning
overlays, surveys or notices that would
affect
the property? [
] Yes [ ] No [ ] Unknown
*G. Are there any pending or existing
governmental
assessments
against the property? [
] Yes [ ] No [ ] Unknown
*H. Are there any zoning violations or
nonconforming
uses? [
] Yes [ ] No [ ] Unknown
*I. Is there a boundary survey for the property? [ ] Yes [ ] No [ ] Unknown
*J. Are there any covenants, conditions,
restrictions
or private assessments that
affect
the property? [
] Yes [ ] No [ ] Unknown
*K. Is the property subject to any special tax
assessment
or tax treatment that may result
in
levy of additional taxes if the property
is
sold? [
] Yes [ ] No [ ] Unknown
2. WATER
A. Household
water
(1) The source of the water is (check ALL that
apply):
[ ] Public [ ] Community [
] Private
[ ] Other ________
(2) Water source information:
*a. Does the water source require a water permit? [ ] Yes [
] No [ ] Unknown
If yes, do you have a
permit? [
] Yes [ ] No
b. Is the water source located on the property? [ ] Yes [ ] No [ ] Unknown
*If not, are there any
written agreements for
a
shared water source? [
] Yes [ ] No [ ] Unknown [ ] NA
*c. Is there an easement (recorded or unrecorded)
for
your access to or maintenance of the water
source? [
] Yes [ ] No [ ] Unknown
d. If the source of water is from a well or spring,
have
you had any of the following in the past
12 months? [ ] Flow test [
] Bacteria test
[ ] Chemical contents test [ ] Yes [ ] No [
] Unknown [ ] NA
*e. Are there any water source plumbing problems
or
needed repairs? [
] Yes [ ] No [ ] Unknown
(3) Are there any water treatment systems for
the
property? [
] Yes [ ] No [ ] Unknown
[ ] Leased [ ] Owned
B. Irrigation
(1) Are there any [ ] water rights or [ ] other
irrigation
rights for the property? [
] Yes [ ] No [ ] Unknown
*(2) If any exist, has the irrigation water been
used
during the last five-year period? [
] Yes [ ] No [ ] Unknown [ ] NA
*(3) Is there a water rights certificate or other
written
evidence available? [
] Yes [ ] No [ ] Unknown [ ] NA
C. Outdoor
sprinkler system
(1) Is there an outdoor sprinkler system for the
property? [
] Yes [ ] No [ ] Unknown
(2) Has a back flow valve been installed? [ ] Yes [
] No [ ] Unknown [ ] NA
(3) Is the outdoor sprinkler system operable? [ ] Yes [ ] No [ ] Unknown [
] NA
3. SEWAGE SYSTEM
A. Is
the property connected to a public or
community
sewage system? [
] Yes [ ] No [ ] Unknown
B. Are
there any new public or community sewage
systems
proposed for the property? [
] Yes [ ] No [ ] Unknown
C. Is
the property connected to an on-site septic
system? [
] Yes [ ] No [ ] Unknown
If yes, was it installed by
permit? [ ] Yes [ ] No [
] Unknown [ ] NA
*Has the system been
repaired or altered? [ ] Yes [ ] No [
] Unknown
Has the condition of the
system been
evaluated
and a report issued? [
] Yes [ ] No [ ] Unknown
Has it ever been pumped? [ ] Yes [ ] No [
] Unknown [ ] NA
If yes, when? ______________
*D. Are there any sewage system problems or
needed
repairs? [
] Yes [ ] No [ ] Unknown
E. Does
your sewage system require on-site
pumping
to another level? [
] Yes [ ] No [ ] Unknown
4. DWELLING INSULATION
A. Is
there insulation in the:
(1) Ceiling? [
] Yes [ ] No [ ] Unknown
(2) Exterior walls? [
] Yes [ ] No [ ] Unknown
(3) Floors? [
] Yes [ ] No [ ] Unknown
B. Are
there any defective insulated doors or
windows? [
] Yes [ ] No [ ] Unknown
5. DWELLING STRUCTURE
*A. Has the roof leaked? [
] Yes [ ] No [ ] Unknown
If yes, has it been
repaired? [
] Yes [ ] No [ ] Unknown [ ] NA
B. Are
there any additions, conversions or
remodeling? [
] Yes [ ] No [ ] Unknown
If yes, was a building
permit required? [ ] Yes [ ] No [
] Unknown [ ] NA
If yes, was a building
permit obtained? [ ] Yes [ ] No [
] Unknown [ ] NA
If yes, was final
inspection obtained? [
] Yes [ ] No [ ] Unknown [ ] NA
C. Are
there smoke alarms or detectors? [
] Yes [ ] No [ ] Unknown
D. Is
there a woodstove included in the sale? [
] Yes [ ] No [ ] Unknown
Make ______________
*E. Has pest and dry rot, structural or
“whole
house” inspection been done
within
the last three years? [
] Yes [ ] No [ ] Unknown
*F. Are there any moisture problems, areas of
water
penetration, mildew odors or other
moisture
conditions (especially in the
basement)? [
] Yes [ ] No [ ] Unknown
*If yes, explain on
attached sheet the frequency and
extent
of problem and any insurance claims,
repairs
or remediation done.
G. Is
there a sump pump on the property? [
] Yes [ ] No [ ] Unknown
H. Are
there any materials used in the
construction
of the structure that are or
have
been the subject of a recall, class
action
suit, settlement or litigation? [
] Yes [ ] No [ ] Unknown
If yes, what are the
materials? ________
(1) Are there problems with the materials? [ ] Yes [
] No [ ] Unknown [ ] NA
(2) Are the materials covered by a warranty? [ ] Yes [ ] No [ ] Unknown [
] NA
(3) Have the materials been inspected? [
] Yes [ ] No [ ] Unknown [ ] NA
(4) Have there ever been claims filed for these
materials
by you or by previous owners? [
] Yes [ ] No [ ] Unknown [ ] NA
If yes, when? ________
(5) Was money received? [
] Yes [ ] No [ ] Unknown [ ] NA
(6) Were any of the materials repaired or
replaced? [
] Yes [ ] No [ ] Unknown [ ] NA
6. DWELLING SYSTEMS AND FIXTURES
If the following systems or
fixtures are included
in
the purchase price, are they in good working
order
on the date this form is signed?
A. Electrical
system, including wiring, switches,
outlets
and service [
] Yes [ ] No [ ] Unknown
B. Plumbing
system, including pipes, faucets,
fixtures
and toilets [
] Yes [ ] No [ ] Unknown
C. Water
heater tank [
] Yes [ ] No [ ] Unknown
D. Garbage
disposal [
] Yes [ ] No [ ] Unknown [ ] NA
E. Built-in
range and oven [
] Yes [ ] No [ ] Unknown [ ] NA
F. Built-in dishwasher [
] Yes [ ] No [ ] Unknown [ ] NA
G. Sump
pump [
] Yes [ ] No [ ] Unknown [ ] NA
H. Heating
and cooling systems [
] Yes [ ] No [ ] Unknown [ ] NA
I. Security system [ ] Owned [ ] Leased [ ] Yes [
] No [ ] Unknown [ ] NA
J. Are there any materials or products used in
the
systems and fixtures that are or have
been
the subject of a recall, class action
settlement
or other litigations? [
] Yes [ ] No [ ] Unknown
If yes, what product? ______________
(1) Are there problems with the product? [ ] Yes [
] No [ ] Unknown
(2) Is the product covered by a warranty? [ ] Yes [
] No [ ] Unknown
(3) Has the product been inspected? [
] Yes [ ] No [ ] Unknown
(4) Have claims been filed for this product
by you or by previous owners? [ ] Yes [ ] No [
] Unknown
If yes, when? ______________
(5) Was money received? [
] Yes [ ] No [ ] Unknown
(6) Were any of the materials or products repaired
or
replaced? [
] Yes [ ] No [ ] Unknown
7. COMMON INTEREST
A. Is
there a Home Owners’ Association
or
other governing entity? [
] Yes [ ] No [ ] Unknown
Name of Association or
Other Governing
Entity ______________
Contact Person ________________
Address ___________________
Phone Number ________________
B. Regular
periodic assessments: $____
per
[ ] Month [ ] Year[ ] Other ____
*C. Are there any pending or proposed special
assessments? [
] Yes [ ] No [ ] Unknown
D. Are
there shared “common areas” or joint
maintenance
agreements for facilities like
walls,
fences, pools, tennis courts, walkways
or
other areas co-owned in undivided interest
with
others? [
] Yes [ ] No [ ] Unknown
E. Is
the Home Owners’ Association or other
governing
entity a party to pending litigation
or
subject to an unsatisfied judgment? [
] Yes [ ] No [ ] Unknown [ ] NA
F. Is the property in violation of recorded
covenants,
conditions and restrictions or in
violation
of other bylaws or governing rules,
whether
recorded or not? [
] Yes [ ] No [ ] Unknown [ ] NA
8. GENERAL
A. Are
there problems with settling, soil,
standing
water or drainage on the property
or
in the immediate area? [
] Yes [ ] No [ ] Unknown
B. Does
the property contain fill? [
] Yes [ ] No [ ] Unknown
C. Is
there any material damage to the property or
any
of the structure(s) from fire, wind, floods,
beach
movements, earthquake, expansive soils
or
landslides? [
] Yes [ ] No [ ] Unknown
D. Is
the property in a designated floodplain? [
] Yes [ ] No [ ] Unknown
E. Is
the property in a designated slide or other
geologic
hazard zone? [
] Yes [ ] No [ ] Unknown
*F. Has any portion of the property been tested
or
treated for asbestos, formaldehyde, radon
gas,
lead-based paint, mold, fuel or chemical
storage
tanks or contaminated soil or water? [
] Yes [ ] No [ ] Unknown
G. Are
there any tanks or underground storage
tanks
(e.g., septic, chemical, fuel, etc.)
on
the property? [
] Yes [ ] No [ ] Unknown
H. Has
the property ever been used as an illegal
drug
manufacturing or distribution site? [
] Yes [ ] No [ ] Unknown
*If yes, was a Certificate
of Fitness issued? [ ] Yes [ ] No [
] Unknown
*I. Has the property been classified as
forestland-urban
interface? [
] Yes [ ] No [ ] Unknown
9. FULL DISCLOSURE BY SELLERS
*A. Are there any other material defects
affecting
this property or its value
that
a prospective buyer should
know
about? [
] Yes [ ] No
*If yes, describe the
defect on attached sheet
and
explain the frequency and extent of the
problem
and any insurance claims, repairs or
remediation.
B. Verification:
The foregoing answers and
attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this
disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure
statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER ___________________
DATE ______________
SELLER ___________________
DATE ______________
______________________________________________________________________________
II. BUYER’S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent attention to
any material defects that 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, or of any real estate licensee
engaged by the seller or buyer. A financial institution or real estate licensee
is not bound by and has no liability with respect to any representation,
misrepresentation, omission, error or inaccuracy contained in another party’s
disclosure statement required by this section or any amendment to the
disclosure statement.
C. Buyer (which term includes all persons signing the “buyer’s
acknowledgment” portion of this disclosure statement below) hereby acknowledges
receipt of a copy of this disclosure statement (including attachments, if any)
bearing seller’s signature(s).
DISCLOSURES, IF ANY, 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. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE
BUYER, HAVE FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS DISCLOSURE STATEMENT
TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE 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 PROPERTY
DISCLOSURE STATEMENT.
BUYER ___________________ DATE ______________
BUYER ___________________ DATE ______________
Agent receiving disclosure statement on buyer’s behalf to sign and
date:
___________________ Real Estate Licensee
___________________ Real Estate Firm
Date received by agent ________
______________________________________________________________________________
SECTION 14. (1) The amendments to ORS 477.029 (1) by
section 4 of this 2007 Act establishing a four-year term for members of county
forestland-urban interface classification committees do not apply to members
who are serving on the effective date of this 2007 Act, but a member serving on
the effective date of this 2007 Act may not serve more than four years after
the effective date of this 2007 Act unless the member is reappointed. If a
member is reappointed after the effective date of this 2007 Act, the term of
the reappointed member is four years.
(2) The amendments to
ORS 477.029 (2) by section 4 of this 2007 Act apply to meetings of a county
forestland-urban interface classification committee taking place on or after
the effective date of this 2007 Act.
(3) The amendments to
ORS 477.059 by section 9 of this 2007 Act only apply to initial certifications,
supplemental certifications and renewal certifications that are required on or
after the effective date of this 2007 Act.
Approved by the Governor April 10, 2007
Filed in the office of Secretary of State April 11, 2007
Effective date January 1, 2008
__________