In Oregon, anyone transferring a one or two-family dwelling or multifamily housing (with additional rules applying to rental properties) that contains a carbon monoxide source must ensure the installation of functional carbon monoxide alarms. These alarms should be placed in locations that detect carbon monoxide in all sleeping areas of the dwelling or housing, including all levels of the home where there are bedrooms.
A carbon monoxide source includes heaters, fireplaces, appliances, or cooking sources that use fuels such as coal, wood, petroleum products (e.g., kerosene, natural gas, propane), as well as wood and pellet stoves, gas water heaters, or attached garages with doors, ductwork, or ventilation shafts that communicate directly with living spaces.
For homes constructed during or after 2011 or those undergoing significant remodels requiring permits, carbon monoxide alarms are mandatory, irrespective of the presence of a carbon monoxide source. Proper installation of these alarms should adhere to the guidelines set forth by the State Fire Marshal and any applicable state building code requirements.
What happens if a seller does not comply with this law?
In the event of a violation of this requirement, a purchaser or transferee who feels aggrieved may pursue an individual legal action in an appropriate court to seek compensation, which can be the greater of actual damages or $250 per residential unit, along with associated fees, including attorney's fees. It's important to note that a violation of this requirement does not invalidate the sale or transfer of possession. Actions for violations must be initiated within one year of the sale or transfer of possession.
Given this state law requirement, most residential real estate forms will typically include a provision stating that, by either the possession date or the closing date, the dwelling will be equipped with a functioning carbon monoxide detector as mandated by law. Sellers should be aware of this carbon monoxide alarm requirement, as it is also a part of the new seller's property disclosure form.
We will provide you a free .pdf copy of any Oregon Association of Realtors disclosure upon submitting a flat fee MLS listing through our website. We charge a one-time fee of $95 to list your home on the MLS.
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