Bill Text: OR SB126 | 2013 | Regular Session | Introduced

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Bill Title: Relating to smoke alerting devices.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB126 Detail]

Download: Oregon-2013-SB126-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1088

                         Senate Bill 126

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Veterans' and Military Affairs)

                             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.

  Imposes smoke alarm location requirements for transferred
property having dwelling unit or lodging house. Eliminates option
of installing smoke detectors in transferred dwelling unit or
lodging house. Places age limit on smoke alarms in dwelling unit
or lodging house being transferred.
  Imposes smoke alarm locations for dwelling unit or lodging
house made available as rental property or temporary housing.
Eliminates option of installing smoke detectors in dwelling unit
or lodging house used as rental property or temporary housing.
Places age limit on smoke alarms in dwelling unit or lodging
house made available as rental property or temporary housing.
  Requires smoke alarms or smoke detectors in transferred
manufactured dwelling in accordance with federal requirements and
state building code. Places age limit on smoke alarms and smoke
detectors in manufactured dwelling being transferred. Requires
that replacement smoke detectors have certain features.
  Requires certain features for sold or installed smoke
alarm. Removes exemption of used manufactured dwelling from alarm
feature requirement.

                        A BILL FOR AN ACT
Relating to smoke alerting devices; creating new provisions;
  amending ORS 90.680, 90.740, 479.265, 479.270, 479.297 and
  479.990; and repealing ORS 479.260 and 479.275.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS 479.250 to 479.305. + }
  SECTION 2.  { + (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 the dwelling unit or
lodging house has a smoke alarm:
  (a) In each sleeping room;
  (b) At a point outside of and near the entrance to each
sleeping room; and

  (c) In at least one location not described in paragraph (a) or
(b) of this subsection on each level of the dwelling unit or
lodging house.
  (2) Except as provided in this subsection, a smoke alarm
required under this section may not be located within 10 feet of
a kitchen or other space used for cooking. A smoke alarm may be
located within 10 feet of a kitchen or other space used for
cooking if no other location is available that will allow
placement of the smoke alarm to be in compliance with subsection
(1) of this section.
  (3) A smoke alarm required under this section must bear an age
date code and be less than 10 years old on the date that the
person conveys title to the property or transfers possession of
the dwelling unit or lodging house. + }
  SECTION 3.  { + (1) A person may not make a dwelling unit or
lodging house available as a rental property or temporary housing
unless the dwelling unit or lodging house has a smoke alarm:
  (a) In each sleeping room;
  (b) At a point outside of and near the entrance to each
sleeping room; and
  (c) In at least one location not described in paragraph (a) or
(b) of this subsection on each level of the dwelling unit or
lodging house.
  (2) Except as provided in this subsection, a smoke alarm
required under this section may not be located within 10 feet of
a kitchen or other space used for cooking. A smoke alarm may be
located within 10 feet of a kitchen or other space used for
cooking if no other location is available that will allow
placement of the smoke alarm to be in compliance with subsection
(1) of this section.
  (3) A smoke alarm required under this section must bear an age
date code and be less than 10 years old at all times during which
the dwelling unit or lodging house is made available as a rental
property or temporary housing. + }
  SECTION 4.  { + (1) As used in this section, 'manufactured
dwelling' has the meaning given that term in ORS 446.003.
  (2) A person may not convey ownership of a manufactured
dwelling or transfer possession of a manufactured dwelling under
a land sale contract unless the manufactured dwelling has 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.
  (3) A smoke alarm or smoke detector required under this section
must bear an age date code and be less than 10 years old on the
date that the person conveys ownership or transfers possession of
the manufactured dwelling. 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 5.  { + (1) The tenant of a rental dwelling unit shall
perform tests on the smoke alarms or smoke detectors located in
the part of the dwelling unit that the tenant is entitled to
occupy to the exclusion of others. The tenant shall perform the
tests as recommended in the manufacturer's instructions. Testing
intervals may not exceed six months.
  (2) Except when a smoke alarm with dead batteries is subject to
replacement under section 3 (3) of this 2013 Act, during the
tenancy the tenant shall replace as needed any dead smoke alarm
or smoke detector batteries. The tenant shall immediately notify
the dwelling unit owner or the authorized agent of the owner, in
writing, of any deficiencies in a smoke alarm or smoke detector
other than dead batteries replaceable by the tenant. + }
  SECTION 6. ORS 90.680 is amended to read:
  90.680. (1) A landlord may not deny any manufactured dwelling
or floating home space tenant the right to sell a manufactured
dwelling or floating home on a rented space or require the tenant
to remove the dwelling or home from the space solely on the basis
of the sale.
  (2) The landlord may not exact a commission or fee for the sale
of a manufactured dwelling or floating home on a rented space
unless the landlord has acted as agent for the seller pursuant to
written contract.
  (3) The landlord may not deny the tenant the right to place a '
for sale' sign on or in a manufactured dwelling or floating home
owned by the tenant. The size, placement and character of such
signs shall be subject to reasonable rules of the landlord.
  (4) If the prospective purchaser of a manufactured dwelling or
floating home desires to leave the dwelling or home on the rented
space and become a tenant, the landlord may require in the rental
agreement:
  (a) Except when a termination or abandonment occurs, that a
tenant give not more than 10 days' notice in writing prior to the
sale of the dwelling or home on a rented space;
  (b) That prior to the sale, the prospective purchaser submit to
the landlord a complete and accurate written application for
occupancy of the dwelling or home as a tenant after the sale is
finalized and that a prospective purchaser may not occupy the
dwelling or home until after the prospective purchaser is
accepted by the landlord as a tenant;
  (c) That a tenant give notice to any lienholder, prospective
purchaser or person licensed to sell dwellings or homes of the
requirements of paragraphs (b) and (d) of this subsection, the
location of all properly functioning smoke alarms  { + or smoke
detectors + } and any other rules and regulations of the facility
such as those described in ORS 90.510 (5)(b), (f), (h) and (i);
and
  (d) If the sale is not by a lienholder, that the prospective
purchaser pay in full all rents, fees, deposits or charges owed
by the tenant as authorized under ORS 90.140 and the rental
agreement, prior to the landlord's acceptance of the prospective
purchaser as a tenant.
  (5) If a landlord requires a prospective purchaser to submit an
application for occupancy as a tenant under subsection (4) of
this section, at the time that the landlord gives the prospective
purchaser an application the landlord shall also give the
prospective purchaser copies of the statement of policy, the
rental agreement and the facility rules and regulations,
including any conditions imposed on a subsequent sale, all as
provided by ORS 90.510. The terms of the statement, rental
agreement and rules and regulations need not be the same as those
in the selling tenant's statement, rental agreement and rules and
regulations.
  (6) The following apply if a landlord receives an application
for tenancy from a prospective purchaser under subsection (4) of
this section:
  (a) The landlord shall accept or reject the prospective
purchaser's application within seven days following the day the
landlord receives a complete and accurate written application. An
application is not complete until the prospective purchaser pays
any required applicant screening charge and provides the landlord
with all information and documentation, including any financial
data and references, required by the landlord pursuant to ORS
90.510 (5)(h). The landlord and the prospective purchaser may
agree to a longer time period for the landlord to evaluate the
prospective purchaser's application or to allow the prospective
purchaser to address any failure to meet the landlord's screening
or admission criteria. If a tenant has not previously given the
landlord the 10 days' notice required under subsection (4)(a) of
this section, the period provided for the landlord to accept or
reject a complete and accurate written application is extended to
10 days.
  (b) The landlord may not unreasonably reject a prospective
purchaser as a tenant. Reasonable cause for rejection includes,
but is not limited to, failure of the prospective purchaser to
meet the landlord's conditions for approval as provided in ORS
90.510 (5)(h) or failure of the prospective purchaser's
references to respond to the landlord's timely request for
verification within the time allowed for acceptance or rejection
under paragraph (a) of this subsection. Except as provided in
paragraph (c) of this subsection, the landlord shall furnish to
the seller and purchaser a written statement of the reasons for
the rejection.
  (c) If a rejection under paragraph (b) of this subsection is
based upon a consumer report, as defined in 15 U.S.C. 1681a for
purposes of the federal Fair Credit Reporting Act, the landlord
may not disclose the contents of the report to anyone other than
the purchaser. The landlord shall disclose to the seller in
writing that the rejection is based upon information contained
within a consumer report and that the landlord may not disclose
the information within the report.
  (7) The following apply if a landlord does not require a
prospective purchaser to submit an application for occupancy as a
tenant under subsection (4) of this section or if the landlord
does not accept or reject the prospective purchaser as a tenant
within the time required under subsection (6) of this section:
  (a) The landlord waives any right to bring an action against
the tenant under the rental agreement for breach of the
landlord's right to establish conditions upon and approve a
prospective purchaser of the tenant's dwelling or home;
  (b) The prospective purchaser, upon completion of the sale, may
occupy the dwelling or home as a tenant under the same conditions
and terms as the tenant who sold the dwelling or home; and
  (c) If the prospective purchaser becomes a new tenant, the
landlord may impose conditions or terms on the tenancy that are
inconsistent with the terms and conditions of the seller's rental
agreement only if the new tenant agrees in writing.
  (8) A landlord may not, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5403), in compliance with the standards of that
Act in effect at that time or in compliance with the state
building code as defined in ORS 455.010:
  (a) Reject an application for tenancy from a prospective
purchaser of an existing dwelling or home on a rented space
within a facility; or
  (b) Require a prospective purchaser of an existing dwelling or
home on a rented space within a facility to remove the dwelling
or home from the rented space.
  (9) A tenant who has received a notice pursuant to ORS 90.632
may sell the tenant's dwelling or home in compliance with this
section during the notice period. The tenant shall provide a
prospective purchaser with a copy of any outstanding notice given
pursuant to ORS 90.632 prior to a sale. The landlord may also
give any prospective purchaser a copy of any such notice. The
landlord may require as a condition of tenancy that a prospective
purchaser who desires to leave the dwelling or home on the rented
space and become a tenant must comply with the notice within the
notice period consistent with ORS 90.632. If the tenancy has been
terminated pursuant to ORS 90.632, or the notice period provided
in ORS 90.632 has expired without a correction of cause or
extension of time to correct, a prospective purchaser does not
have a right to leave the dwelling or home on the rented space
and become a tenant.
  (10) Except as provided by subsection (9) of this section,
after a tenancy has ended and during the period provided by ORS
90.675 (6) and (8), a former tenant retains the right to sell the
tenant's dwelling or home to a purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant as
provided by this section, if the former tenant makes timely
periodic payment of all storage charges as provided by ORS 90.675
(7)(b), maintains the dwelling or home and the rented space on
which it is stored and enters the premises only with the written
permission of the landlord. Payment of the storage charges or
maintenance of the dwelling or home and the space does not create
or reinstate a tenancy or create a waiver pursuant to ORS 90.412
or 90.417. A former tenant may not enter the premises without the
written permission of the landlord, including entry to maintain
the dwelling or home or the space or to facilitate a sale.
  SECTION 7. ORS 90.740 is amended to read:
  90.740. A tenant shall:
  (1) Install the tenant's manufactured dwelling or floating home
and any accessory building or structure on a rented space in
compliance with applicable laws and the rental agreement.
  (2) Except as provided by the rental agreement, dispose from
the dwelling or home and the rented space 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.
  (3) Behave, and require persons on the premises with the
consent of the tenant to behave, in compliance with the rental
agreement and with any laws or ordinances that relate to the
tenant's behavior as a tenant.
  (4) Except as provided by the rental agreement:
  (a) Use the rented space and the facility common areas in a
reasonable manner considering the purposes for which they were
designed and intended;
  (b) Keep the rented space in every part free from all
accumulations of debris, filth, rubbish, garbage, rodents and
vermin as the condition of the rented space 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;
  (c) Keep the dwelling or home, and the rented space, safe from
the hazards of fire;
  (d)   { - Install and Maintain in the dwelling or home a smoke
alarm approved under applicable law; - }  { +  Ensure that the
dwelling or home has smoke alarms or smoke detectors conforming
with applicable laws and properly maintain the smoke alarms or
smoke detectors; + }
  (e) Install and maintain storm water drains on the roof of the
dwelling or home and connect the drains to the drainage system,
if any;
  (f) Use electrical, water, storm water drainage and sewage
disposal systems in a reasonable manner and maintain the
connections to those systems;
  (g) Refrain from deliberately or negligently destroying,
defacing, damaging, impairing or removing any part of the
facility, other than the tenant's own dwelling or home, or
knowingly permitting any person to do so;
  (h) Maintain, water and mow or prune any trees, shrubbery or
grass on the rented space; and
  (i) Behave, and require persons on the premises with the
consent of the tenant to behave, in a manner that does not
disturb the peaceful enjoyment of the premises by neighbors.
  SECTION 8. ORS 479.265 is amended to read:
  479.265. Any purchaser or transferee of a dwelling unit who is
aggrieved by a violation of   { - ORS 479.260 - }  { +  section 2
of this 2013 Act + } may bring an individual action in an
appropriate court to recover actual damages or $50, whichever is
greater. In any action brought by a   { - person - }  { +
purchaser or transferee + } under this section, the court may
award to the prevailing party, 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 of the date of sale or transfer.  Notwithstanding
the provisions of this section, violation of   { - ORS
479.260 - }  { +  section 2 of this 2013 Act + } does not affect
the transfer of the title, ownership or possession of the
dwelling unit.
  SECTION 9. 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 alarms or smoke
detectors and shall provide a written notice containing
instructions for testing of the 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 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. - }   { + section 5 of this 2013
Act; and
  (c) When the installation of a replacement smoke alarm is
required under section 3 (3) of this 2013 Act. + }
  (3) Supplying and maintaining a smoke alarm or smoke detector
under ORS 479.250 to 479.305 shall be considered a habitable
condition under ORS 90.320.
  SECTION 10. 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 - }  { +  tamper-proof battery having a life expectancy
of at least 10 years + }.
  (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 11. ORS 479.990 is amended to read:
  479.990. (1) 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 civil penalty of not more than $500 for each violation. All
penalties, fees or forfeitures collected under the provisions of
this subsection shall be paid into the State Treasury.
  (2) Violation of ORS 479.255,   { - 479.260, - }  479.270,
479.280, 479.297 or 479.300 { +  or section 2, 3 or 4 of this
2013 Act + }, or rules adopted under ORS 479.255,
 { - 479.260, - }  479.270, 479.280, 479.297 or 479.300, is
punishable by a civil penalty imposed by the State Fire Marshal
in an amount not to exceed $250.
  (3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  SECTION 12.  { + ORS 479.260 and 479.275 are repealed. + }
  SECTION 13.  { + Notwithstanding sections 2 and 3 of this 2013
Act and ORS 479.270, a dwelling unit or lodging house described
in section 2 or 3 of this 2013 Act that is equipped with smoke
detectors that were installed in compliance with ORS 479.260
prior to the effective date of this 2013 Act is not required to
replace or supplement the smoke detectors installed prior to the
effective date of this 2013 Act with smoke alarms meeting the
requirements established in sections 2 and 3 of this 2013 Act
until one or more of the smoke detectors installed prior to the
effective date of this 2013 Act is at least 10 years old. + }
  SECTION 14.  { + Section 2 of this 2013 Act applies to:
  (1) Conveyances of title filed with a county clerk on or after
the effective date of this 2013 Act; and
  (2) Transfers of possession pursuant to land sale contracts
recorded by a county clerk on or after the effective date of this
2013 Act. + }
  SECTION 15.  { + Section 3 of this 2013 Act applies to dwelling
units and lodging houses occupied as rental property or temporary
housing on or after the effective date of this 2013 Act,
regardless of the date on which the occupancy began. + }
  SECTION 16.  { + Section 4 of this 2013 Act applies to
manufactured dwellings:
  (1) Classified as personal property for which transfer of the
ownership document is filed with the Department of Consumer and
Business Services on or after the effective date of this 2013
Act; or
  (2) Classified as real property for which conveyance of title
is filed with a county clerk on or after the effective date of
this 2013 Act. + }
  SECTION 17.  { + (1) The amendments to ORS 479.265 by section 8
of this 2013 Act and the repeal of ORS 479.260 by section 12 of
this 2013 Act do not affect any right of action that was
available under ORS 479.265 prior to the effective date of this
2013 Act arising from a violation of ORS 479.260. An action
arising from a violation of ORS 479.260 that occurred prior to
the effective date of this 2013 Act may be commenced or
maintained as described in ORS 479.265 as set forth in the 2011
Edition of Oregon Revised Statutes.
  (2) The amendments to ORS 479.990 by section 11 of this 2013
Act and the repeal of ORS 479.260 by section 12 of this 2013 Act
do not affect the authority of the State Fire Marshal to impose a
civil penalty on a person who violated ORS 479.260 prior to the
effective date of this 2013 Act. The State Fire Marshal may
impose the civil penalty as described in ORS 479.990 as set forth
in the 2011 Edition of Oregon Revised Statutes. + }
  SECTION 18.  { + The amendments to ORS 479.297 by section 10 of
this 2013 Act apply to smoke alarms sold or installed on or after
the effective date of this 2013 Act. + }
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