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What Exactly Is "Adequate Heat"?

Thursday, October 02, 2014 11:17 AM | Anonymous member (Administrator)

With the weather beginning to show sign of cooling off, the KROA office has gotten several calls about heating requirements in rentals. The first place we looked was the ORHA 2014 Law Book.

We all know we must maintain our properties in habitable condition, most of the requirements are spelled out in easily understandable, unambiguous language, not the heating requirements though.

According to ORS90.320, section d, "Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order." 

Okay, but what does that really mean? We went on a quest to find something that would give us a better idea of "how warm is warm?". We did several internet searches and all of the relevant answers quoted ORS90. Not what we needed. Next we contacted several large property management companies around the state. Still nothing. Next, we contacted the Klamath County Community Development Department (building dept). The head of the department was finally able to give us some answers that made sense.

In the 2011 Oregon Residential Specialty Code the definition of "Conditioned Area"


- That area within a building provided with heating and/or cooling systems or appliances capable of maintaining, through design or heat loss/gain, 68 degrees Fahrenheit during the heating season and/or 80 degrees Fahrenheit during the cooling season, or has a fixed opening directly adjacent to a conditioned area.


From the 2012 International Mechanical Code, [B] Section 309


[B] 309.1 Space-heating systems. Interior spaces intended for human occupancy shall be provided with active or passive space-heating systems capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. The installation of portable space heaters shall not be used to achieve compliance with this section.


Exception: Interior spaces where the primary purpose is not associated with human comfort.

Now we have a definition we can use.

Happy Landlording!

The articles and other information included on this web page are intended to inform and educate and are not intended to convey legal, accounting or other professional advice. Articles are the opinions of their authors and are not necessarily the official positions and/or views of the Klamath Rental Owners Association, its members, officers, board of directors, employees, the Oregon Rental Housing Association or any other company, agency, or other entity. The editor, KROA, its members, officers, board of directors, employees, and ORHA assume no liability for loss or damage as a result of reliance on the material provided. Appropriate legal, accounting or other expert assistance should be sought from competent professionals.

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