ORS § 90 § 90.316
Carbon monoxide alarm.
Operative Text
(1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit: (a) Contains a carbon monoxide source; or (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft. (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS 90.317. (3) If a carbon monoxide alarm is battery-operated or has a battery-operated backup system, the landlord shall supply working batteries for the alarm at the beginning of a new tenancy.
Oregon Revised Statutes § 90.316 establishes that a landlord cannot begin a new tenancy in a dwelling unit that contains a carbon monoxide source—or is connected to a structure containing one—unless the unit already has one or more properly functioning carbon monoxide alarms installed in accordance with State Fire Marshal rules and applicable state building code requirements. At the start of any new tenancy, the landlord must also provide the incoming tenant with alarm testing instructions as outlined in ORS 90.317. If the alarm relies on batteries, the landlord is responsible for supplying working batteries at the outset of the new tenancy.
Plain English — not legal advice.
Under ORS § 90.316, compliant operators confirm before executing any new rental agreement that every qualifying dwelling unit has functioning carbon monoxide alarms installed per State Fire Marshal rules and state building code standards. At move-in, landlords typically provide written alarm testing instructions as referenced in ORS 90.317 and, where alarms are battery-powered or have battery backup, supply fresh working batteries. Maintaining documentation of alarm installation, battery replacement, and the delivery of testing instructions is a common practice among operators seeking to demonstrate compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.316 gives incoming tenants the right to occupy a dwelling unit that already has properly installed, functioning carbon monoxide alarms before a new rental agreement is signed—if the unit or its connected structure contains a carbon monoxide source. Tenants are also entitled to receive alarm testing instructions under ORS 90.317 and, for battery-operated alarms, fresh batteries at the start of the tenancy. If these conditions are not met, tenants may wish to contact Oregon's relevant housing or fire safety authorities, consult a local tenant-rights organization, or explore whether the omission affects the validity of the rental agreement.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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