(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.

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(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.

(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. [1979 c.642 § 5; 1993 c.369 § 19; 1999 c.307 § 6]