I'm unable to find any legal definition of what is considered "adequate heating" in the CP's home. Does the dwelling need to be kept above a certain temperature setting? If only one room has heat, is that "adequate?"

Actually - found the Oregon Building Code Definition:

Chapter 29.30 Housing Maintenance Requirements

29.30.180 Heating Equipment and Facilities

(Amended by Ordinance Nos. 179842 and 180330, effective August 18, 2006.)

A. All heating equipment, including that used for cooking, water heating, dwelling heat, and clothes drying shall be:

1. Properly installed, connected, and maintained in safe condition and good working order;

2. Free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards; and

3. Capable of performing the function for which they are designed.

B. Every dwelling shall have a heating facility capable of maintaining a room temperature of 68 degrees Fahrenheit at a point 3 feet from the floor in all habitable rooms.

1. Portable heating devices may not be used to meet the dwelling heat requirements of this Title.

2. No inverted or open flame fuel-burning heater shall be permitted. All heating devices or appliances shall be of an approved type.

C. All mechanical repairs and installations shall be made in accordance with the provisions of Title 27 (Heating and Ventilating Requirements.)

What is CP's home. Normally adequate means 65 to 70 degrees F in most homes. My whole house in the winter is not above 70 degrees F. Anything after that we put on sweaters.

I don't think there is a legal setting for heat in a home. Are you a landlord and are asking because you have a dispute ?

Tick

So, they are saying 68 degrees F.

Why do you need this ?

Tick

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Originally Posted by tickle

What is CP's home. Normally adequate means 65 to 70 degrees F in most homes. My whole house in the winter is not above 70 degrees F. Anything after that we put on sweaters.

I dont think there is a legal setting for heat in a home. Are you a landlord and are asking because you have a dispute ?

tick

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I'm asking because my children reside with their father and the furnace has been out since January of this year. It's not cold yet, but it will be and I'd like to know what the definition is so I can address it in a letter to CP. Hopefully, CP will have it fixed but if he doesn't, I have concerns about my kids remaining in his care - at least over the winter months.

Oh... and the fact that the furnace is not working could pose a safety hazard. I just don't know...

So long as the temps inside the home are above freezing then it may be considered adequate. The building codes your quoting may not apply as it may be for schools or other structures that are rental units.

Quote:

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Originally Posted by califdadof3

So long as the temps inside the home are above freezing then it may be considered adequate. The building codes your quoting may not apply as it may be for schools or other structures that are rental units.

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Hmm maybe, but I also found this URL, which states the same requirements for residential maintenance - general in the municipality where ex lives.

See page 12: http://www.tigard-or.gov/business/mu...docs/14-16.pdf

So far it doesn't qualify as dangerous or derelict structure. So Im not quite sure if a complaint will lead to anything. The code sections with the definitions spell out what criteria has to be met to be in the rhelm of the definitions for action.

Really its going to depend on how cold it gets as to what action is taken.

Well... my DH suggests letting the kids test their limits as to how uncomfortable they're willing to be.

After all - this is their choice to live at Dad's.

I s'pose I'll let it run its course :~

I'm really not sure that those codes that you are quoting would count for this case either. I say this because, in my state at least, my woodburning stove counts as one of the heat sources and if my house was smaller it could be the only one. (or if we had more than one in another part of the house) So, while there should be some sort of heat you might want to check with your attorney to see if your local laws differ or if there are any that specific. Also he/she could tell you how likely a judge would be to rule on something like this.

Quote:

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Originally Posted by stinawords

I'm really not sure that those codes that you are quoting would count for this case either. I say this because, in my state at least, my woodburning stove counts as one of the heat sources and if my house was smaller it could be the only one. (or if we had more than one in another part of the house) So, while there should be some sort of heat you might want to check with your attorney to see if your local laws differ or if there are any that specific. Also he/she could tell you how likely a judge would be to rule on something like this.

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We have a wood stove too. However, I do recall from classes in residential construction building code I took that Oregon does require a mechanical heat source to meet code.

Example: If you sold your house, in addition to the wood stove, there would need to be a working mechanical heat source before it would pass inspection.

Our neighbor has never fired up his furnace in 50 years (no lie!) He and his wife are about 90 years old now and his wife made him buy a new furnace a few years ago because:

"I'm not going to go out and chop wood when you're dead to heat the house." she said :)

Even though they're not using it - they're required to have it.

If ex were to list his house, it would not pass inspection for a new buyer. I don't know whether he could offer an allowance for replacement because it's already not working (in the case of a furnace that is about to expire but still working, this would still be an option.)

Anyway... once again, I'm worrying about things I have no control over :(