75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3658
House Bill 3450
Sponsored by Representative TOMEI; Representatives BARKER,
BUCKLEY, DEMBROW, GALIZIO, HOLVEY, KAHL, RILEY, SHIELDS, WITT
(at the request of Deborah Kafoury)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits transferring title to single-family dwelling or
multifamily housing that has carbon monoxide source unless
dwelling or housing is equipped with carbon monoxide detector.
Prohibits issuing certificate of occupancy for dwelling or
housing having carbon monoxide source unless dwelling or housing
is equipped with detector.
Prohibits landlord from renting out dwelling unit that has
carbon monoxide source or is located within structure that has
carbon monoxide source, unless dwelling unit is equipped with
carbon monoxide detector. Imposes duty on landlord to repair and
maintain detector. Prohibits removing or tampering with detector.
Makes violations subject to civil penalty of not more than $250.
Requires tenant of rental dwelling unit to periodically test
carbon monoxide detector.
A BILL FOR AN ACT
Relating to carbon monoxide; creating new provisions; and
amending ORS 90.302, 90.320 and 90.325.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2009 Act,
unless the context requires otherwise:
(1) 'Carbon monoxide detector' means a device that:
(a) Detects carbon monoxide;
(b) Produces a distinctive audible alarm when carbon monoxide
is detected;
(c) Conforms to State Fire Marshal rules;
(d) Is listed by Underwriters Laboratories or any other
nationally recognized testing laboratory; and
(e) Operates as a distinct unit or as part of a system in which
two or more single station units are wired to operate in
conjunction with each other.
(2) 'Carbon monoxide source' means:
(a) A heater, fireplace or cooking source that uses coal,
kerosene, petroleum products, wood or other fuels that emit
carbon monoxide as a by-product of combustion; or
(b) An attached garage.
(3) 'Multifamily housing':
(a) Except as provided in paragraph (b) of this subsection,
means a building in which two or more residential units each have
space for eating, living and sleeping and permanent provisions
for cooking and sanitation.
(b) Does not mean a long term care facility or a hospital, both
as defined in ORS 442.015, a hotel as defined in ORS 699.005, a
dormitory or a state institution.
(4) 'Single-family dwelling' means a building in which only one
residential unit has space for eating, living and sleeping and
permanent provisions for cooking and sanitation. + }
SECTION 2. { + (1) A person may not convey fee title to a
single-family dwelling or multifamily housing that contains a
carbon monoxide source, or transfer possession under a land sale
contract of a single-family dwelling or multifamily housing that
contains a carbon monoxide source, unless one or more properly
functioning carbon monoxide detectors are installed in the
dwelling or housing at locations that provide carbon monoxide
detection for all sleeping areas of the dwelling or housing.
(2) A carbon monoxide detector in a single-family dwelling or
multifamily housing described in subsection (1) of this section
must be installed in conformance with rules of the State Fire
Marshal.
(3) Violation of this section or a rule adopted by the State
Fire Marshal does not invalidate any sale or transfer of
possession of a single-family dwelling or multifamily
housing. + }
SECTION 3. { + A purchaser or transferee of a single-family
dwelling or multifamily housing who is aggrieved by a violation
of section 2 of this 2009 Act or of a rule adopted under section
4 of this 2009 Act may bring an individual action in an
appropriate court to recover the greater of actual damages or
$250 per residential unit. In any action brought under this
section, the court may award to a prevailing plaintiff, in
addition to the relief provided in this section, reasonable
attorney fees at trial and on appeal and costs. Actions brought
under this section must be commenced within one year after the
date of sale or transfer. + }
SECTION 4. { + The State Fire Marshal shall adopt rules
establishing standards for carbon monoxide detectors in
single-family dwellings and multifamily housing. The rules
adopted by the State Fire Marshal may include, but need not be
limited to, rules establishing standards for the installation,
design, location, inspection, testing and maintenance of carbon
monoxide detectors. In adopting the rules, the State Fire Marshal
shall give consideration to state building code requirements and
any standards adopted by national fire safety organizations. + }
SECTION 5. { + (1) If a rental dwelling unit that is subject
to ORS chapter 90 has a carbon monoxide source or is located
within a structure having a carbon monoxide source, the landlord
shall ensure that the dwelling unit has one or more carbon
monoxide detectors installed in compliance with State Fire
Marshal rules. The landlord shall provide the tenant of the
dwelling unit with a written notice containing instructions for
testing of the detectors. The landlord shall provide the written
notice to the tenant no later than at the time that the tenant
first takes possession of the premises.
(2) If the landlord receives written notice from the tenant of
a deficiency in a carbon monoxide detector, other than dead
batteries, the landlord shall repair or replace the detector.
Supplying and maintaining a carbon monoxide detector required
under this section is a habitable condition requirement under ORS
90.320. However, the time for correcting the condition shall be
as provided in section 7 of this 2009 Act and not as provided in
ORS 90.360. + }
SECTION 6. { + (1) As used in this section, 'tamper' includes,
but is not limited to, the removal of working batteries.
(2) Except as otherwise provided in this section, a person may
not remove or tamper with a carbon monoxide detector installed in
a single-family dwelling or multifamily housing. This section
does not prohibit the removal of, or tampering with, a carbon
monoxide detector:
(a) For the purpose of replacing a defective detector or
conforming the installation of the detector with State Fire
Marshal rules;
(b) In a dwelling or housing that is being demolished or
converted to nonresidential use;
(c) For the period that the removal or tampering is necessary
to an active process of remodeling or renovating the installation
location; or
(d) As allowed by State Fire Marshal rules or by written
permission from the State Fire Marshal or a local fire
official. + }
SECTION 7. { + (1) If a rental dwelling unit has a carbon
monoxide source or is located within a structure having a carbon
monoxide source and the rental dwelling unit does not contain one
or more properly installed carbon monoxide detectors as required
by section 5 of this 2009 Act, or if the carbon monoxide detector
is not operating properly and the landlord does not install a
properly operating carbon monoxide 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 with a
local fire official that is an assistant to the State Fire
Marshal under ORS 476.060. Upon receipt of the complaint, the
State Fire Marshal or local fire official shall investigate the
alleged violation.
(2) If the State Fire Marshal or local fire official finds that
a rental dwelling unit or a structure containing a rental
dwelling unit has a carbon monoxide source and that the landlord
has failed to properly install one or more operating carbon
monoxide detectors in the rental dwelling unit, the State Fire
Marshal or local fire official may issue a notice of deficiency
that imposes a civil penalty and specifies a period of not less
than 10 days for correction of the condition. A complaint under
subsection (1) of this section is not a prerequisite to the
issuance of a notice of deficiency under this subsection.
(3) If a landlord fails to correct a condition identified in a
notice of deficiency within the time specified by the notice, the
State Fire Marshal or local fire official may consider the
continuation of the condition to be a separate violation that is
subject to an additional notice of deficiency and civil
penalty. + }
SECTION 8. { + (1) The State Fire Marshal may impose a civil
penalty, not to exceed $250, for a violation of section 5, 6 or 7
of this 2009 Act or of a rule adopted under section 4 of this
2009 Act.
(2) Sections 5, 6 and 7 of this 2009 Act and rules adopted
under section 4 of this 2009 Act do not create a cause of action
and may not be asserted as the basis for a per se negligence
claim. + }
SECTION 9. { + Section 10 of this 2009 Act is added to and
made a part of ORS chapter 455. + }
SECTION 10. { + (1) As used in this section, 'carbon monoxide
detector' and 'carbon monoxide source' have the meanings given
those terms in section 1 of this 2009 Act.
(2) The Department of Consumer and Business Services or a
municipality may not issue a certificate of occupancy for a new
single-family dwelling or multifamily housing that the plans show
to have a carbon monoxide source unless a building official,
inspector, the State Fire Marshal or a local fire official has
confirmed that the dwelling or housing does not actually have a
carbon monoxide source or that the dwelling or housing contains
one or more properly functioning carbon monoxide detectors
installed as required by State Fire Marshal rules. + }
SECTION 11. { + Section 12 of this 2009 Act is added to and
made a part of ORS 90.100 to 90.465. + }
SECTION 12. { + (1) As used in this section, 'carbon monoxide
detector' and 'carbon monoxide source' have the meanings given
those terms in section 1 of this 2009 Act.
(2) A landlord may not enter into a rental agreement creating a
new tenancy in a dwelling unit that contains a carbon monoxide
source or that is within a structure that contains a carbon
monoxide source unless, at the time the tenant takes possession
of the dwelling unit, the dwelling unit contains one or more
properly functioning carbon monoxide detectors installed in
compliance with State Fire Marshal rules. The landlord shall
provide a new tenant with detector testing instructions as
described in section 5 of this 2009 Act.
(3) If a carbon monoxide detector is battery operated or has a
battery-operated backup system, the landlord shall supply working
batteries for the detector at the beginning of a new tenancy.
(4) Except for damages expressly allowed under this chapter to
remedy a violation of ORS 90.320, this section does not create a
cause of action regarding the installation, operation,
maintenance or repair of a carbon monoxide detector and may not
be asserted as the basis for a per se negligence claim. + }
SECTION 13. 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 the fee
is related to and designated as being charged for a specific
reasonably anticipated landlord expense. A landlord shall provide
a receipt for the 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 may 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 30.701 (5);
(c) Removal or tampering with a properly functioning smoke
alarm { + , + } { - or - } smoke detector { + or carbon
monoxide detector + }, as provided in ORS 90.325 { - (7) - }
{ + (2) + }, if a written rental agreement provides for a fee
for that removal or tampering; and
(d) Any other noncompliance by the tenant with a written rental
agreement that provides for a fee for that noncompliance,
provided that the fee may not be excessive.
(4) A landlord may 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 is not grounds for termination of a
rental agreement for nonpayment of rent under ORS 90.394, but is
grounds for termination of a rental agreement for cause under ORS
90.392 or 90.630 (1).
(6) This section does not apply to attorney fees awarded
pursuant to ORS 90.255 or to applicant screening charges paid
pursuant to ORS 90.295.
SECTION 14. 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 - } { + that + } 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 - } { + that + } 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 - } { + that + }
conform to applicable law at the time of installation and
maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
{ - which - } { + that + } conform to applicable law at the
time of installation and maintained in good working order;
(f) Buildings, 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 fire hazards, 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) - } { + (1) + }; { - or - }
{ + (k) Safety from carbon monoxide if the dwelling unit or
the structure in which the dwelling unit is a part contains a
carbon monoxide source as defined in section 1 of this 2009 Act,
but not to include the tenant's testing of the carbon monoxide
detector as provided in ORS 90.325 (1); or + }
{ - (k) - } { + (L) + } 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 - } { + that + } the tenant is
entitled under the rental agreement to occupy to the exclusion of
others and keys for { - such - } { + those + } locks
{ - which - } { + that + } 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, rents the space
and, in the case of a dwelling or home, the space is not in a
facility. Manufactured dwelling or floating home tenancies in
which the tenant owns the dwelling or home and rents space in a
facility shall be governed by ORS 90.730, not by this section.
SECTION 15. ORS 90.325 is amended to read:
90.325. { + (1) + } The tenant shall:
{ - (1) - } { + (a) + } 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) - } { + (b) + } 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, garbage,
rodents and vermin, as the condition of the premises permits and
to the extent that the tenant is responsible for causing the
problem. The tenant shall cooperate to a reasonable extent in
assisting the landlord in any reasonable effort to remedy the
problem { + . + } { - ; - }
{ - (3) - } { + (c) + } 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) - } { + (d) + } Keep all plumbing fixtures in the
dwelling unit or used by the tenant as clean as their condition
permits { + . + } { - ; - }
{ - (5) - } { + (e) + } Use in a reasonable manner all
electrical, plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances including
elevators in the premises { + . + } { - ; - }
{ - (6) - } { + (f) + } Test at least once every six months
and replace batteries as needed in any smoke alarm { + , + }
{ - or - } smoke detector { + or carbon monoxide 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) - } { + (g) + } Behave and require other persons on
the premises with the consent of the tenant to behave in a manner
that will not disturb the peaceful enjoyment of the premises by
neighbors.
{ + (2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or
carbon monoxide detector as described in ORS 479.300 or section 6
of this 2009 Act.
(b) Deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any person
to do so. + }
SECTION 16. { + Section 12 of this 2009 Act and the amendments
to ORS 90.320 by section 14 of this 2009 Act apply to rental
agreements that a landlord enters into on or after the effective
date of this 2009 Act. + }
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