Bill Text: OR HB2079 | 2011 | Regular Session | Introduced

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Bill Title: Relating to smoke alerting devices.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2079 Detail]

Download: Oregon-2011-HB2079-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 910

                         House Bill 2079

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Oregon State Police)

                             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.

  Requires that smoke alarm or smoke detector in transferred
property having dwelling unit or lodging house, and installation
of alarm or detector, be in conformance with State Fire Marshal
rules. Specifies that alarm or detector comply with state
building code applicable on installation date.
  Clarifies reference to requirements established by smoke alarm
feature statute. Removes exemption of used manufactured dwelling
equipped with ionization smoke alarm from alarm feature
requirement.

                        A BILL FOR AN ACT
Relating to smoke alerting devices; creating new provisions; and
  amending ORS 479.260 and 479.297.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 479.260 is amended to read:
  479.260. (1) A person may not 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 alarms, installed in accordance
with the state building code   { - and - }   { + that was
applicable on the installation date and with + } rules of the
State Fire Marshal adopted under ORS 479.295.   { - The smoke
alarms required by this subsection must meet the requirements of
ORS 479.297. - }   { + If a smoke alarm required by this
subsection is an ionization smoke alarm, the alarm must meet the
requirements of ORS 479.297 (1) and (2). + }
  (2)(a) A person may not convey ownership 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 alarms or smoke detectors, installed in
accordance with the state building code 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 must meet the requirements of ORS 479.297.
  SECTION 2. ORS 479.297 is amended to read:
  479.297. (1) All ionization smoke alarms sold  { + or
installed + } in this state that are solely battery-operated
shall be packaged with a 10-year battery.
  (2) All ionization smoke alarms sold  { + or installed + } in
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 persons who are hard
of hearing;
  (b) Smoke alarms sold in this state for shipment out of state;
or
  (c) Smoke alarms sold for installation in { + , or installed
in, + } recreational vehicles, commercial vehicles, railroad
equipment, aircraft, marine vessels or  { + new + } 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 3.  { + The amendments to ORS 479.260 by section 1 of
this 2011 Act apply to transfers of title filed with a county
clerk on or after the effective date of this 2011 Act. + }
  SECTION 4.  { + The amendments to ORS 479.297 by section 2 of
this 2011 Act apply to smoke alarms sold or installed on or after
the effective date of this 2011 Act. + }
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