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(1) Structural Integrity. Roofs, floors, walls, foundations and all other structural components shall be capable of resisting loads prescribed by the building code in effect at the time of construction.

(2) Plumbing.

(a) Plumbing systems shall be maintained in a safe and sanitary condition and shall be free of defects, leaks and obstructions. The presence of significant visible mold may be a symptom of faulty plumbing, however, the presence of mold, by itself, is not a violation for purposes of sections 8.400 through 8.440 of this code.

(b) Repairs must be permanent rather than temporary and shall be through generally accepted plumbing methods. If significant visible mold results from faulty plumbing, repairs must include removing the mold, which may include mold on or in interior walls, sheetrock, insulation, floors, carpets or carpet backing.

(3) Heating.

(a) A permanently installed heat source able to provide a room temperature of 68 degrees Fahrenheit three feet above the floor, measured in the approximate center of the room, in all habitable rooms. Portable space heaters shall not be used to achieve compliance with this section.

(b) All heating devices or appliances shall conform to applicable law at the time of installation.

(c) Ventilation for fuel-burning heating appliances shall be as required by the Mechanical Code at the time of installation.

(4) Weatherproofing.

(a) Roof, exterior walls, windows and doors shall be maintained to prevent water intrusion into the building envelope which may cause damage to the structure or its contents or may adversely affect the health of an occupant. The presence of significant visible mold may be a symptom of faulty weatherproofing, however, the presence of mold, by itself, is not a violation for purposes of sections 8.400 through 8.440 of this code.

(b) Repairs must be permanent rather than temporary and shall be through generally accepted construction methods. If significant visible mold results from faulty weatherproofing, repairs must include removing the mold, which may include mold on or in interior walls, sheetrock, insulation, floors, carpets or carpet backing.

(5) Security. Doors and windows leading into a dwelling unit must be equipped with locks and shall be maintained in a condition so as to restrict access into the dwelling unit.

(6) Smoke detectors. Every dwelling unit shall be equipped with an approved and properly functioning smoke alarm or smoke detector installed and maintained in accordance with the state building code, ORS 479.270, 479.275, and 479.285, and applicable rules of the State Fire Marshal.

(7) Carbon Monoxide Alarms. Every dwelling unit that contains a carbon monoxide source shall be equipped with at least one approved and properly functioning carbon monoxide alarm installed and maintained in accordance with State Fire Marshal rules, applicable requirements of the state building code, and the Oregon Revised Statutes. A dwelling unit that is located within a structure that contains a carbon monoxide source and is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft is considered to contain a carbon monoxide source.

(8) Electrical.

(a) Electrical systems, including electrical outlets, light fixtures and light switches, shall be in good working order.

(b) Electrical systems shall conform to applicable law at the time of installation. Repairs must be permanent rather than temporary and shall be through generally accepted electrical methods.

(9) Appliances. All appliances that are furnished by the landlord, including, but not limited to, refrigerator, range, air conditioner, dishwasher, microwave, clothes washer and dryer, must be in good working order and shall be maintained by the landlord.

(10) Rats. Every dwelling unit must be maintained free of rats. At a minimum, the landlord must comply with the standards set forth in section 6.015 of this code.

(11) Documentation of Condition of Rental Housing.

(a) Prior to the date a tenant begins to occupy rental housing the landlord shall provide the tenant with documentation of the condition of the rental housing and receive written confirmation from the tenant that the tenant has received and reviewed the documentation.

(b) On or before the date that ORS 90.300 requires a landlord to provide a written accounting stating the basis of a claim for all or any part of a security deposit, the landlord must provide documentation of the condition of the rental housing, as well as a written statement describing the condition or damage the landlord believes justifies the landlord’s refusal to refund the full security deposit, to the individual to whom the security deposit would otherwise be due pursuant to the rental agreement.

(c) Documentation of the condition of rental housing required by this section shall include at least the following information:

1. Photo documentation showing the condition of the rental housing, including the condition of any appliances provided for use by tenants; and

2. A written statement describing the condition of the rental housing, including the condition of any appliances provided for use by tenants, and noting any damage.

(12) References. Within five business days of the date of a tenant’s written request, the tenant’s landlord shall provide the tenant with a reference, utilizing a form approved by the city manager. This subsection does not require a landlord to provide an individual tenant with more than two references during a calendar year.

(13) Tenant Educational Information. At the time a rental agreement is executed, the landlord shall provide each tenant who is a party to the rental agreement a document, in a form approved by the city manager, that includes at least the following information:

(a) The rights and obligations of landlords and tenants related to termination of a tenancy; and

(b) Information about the requirements of this City Rental Housing Code.

(14) Maximum Applicant Screening Charge. The amount of any applicant screening charge may not exceed the amount of an applicant screening charge allowed by ORS 90.295 or $10.00, whichever is less.

(15) The city manager may adopt administrative rules pursuant to section 2.019 of this code for implementation of this section 8.425.

(16) Interpretations.

(a) The city manager is empowered to render interpretations of sections 8.400 through 8.440 of this code.

(b) Such interpretations shall be consistent with the purpose of this code.

(Section 8.425 added by Ordinance No. 20329, enacted November 22, 2004, effective December 30, 2004, to sunset December 31, 2008; amended and sunset date extended to December 31, 2011, by Ordinance No. 20408, enacted May 27, 2008, effective June 30, 2008; sunset date extended to September 30, 2012 by Ordinance No. 20480, enacted November 28, 2011, effective December 30, 2011; sunset date extended to September 30, 2016, by Ordinance No. 20494, enacted June 11, 2012, effective July 14, 2012; sunset date extended to March 1, 2017 by Ordinance No. 20568, enacted September 26, 2016, effective September 30, 2016; amended and sunset date removed by Ordinance 20573, enacted January 25, 2017, effective February 26, 2017; Ordinance No. 20670, enacted July 11, 2022, effective August 13, 2022.)