Woodstove & Fireplace Insert Certification Law
As of August 1, 2010, Oregon law requires all sellers of “residential structures” to remove and destroy uncertified woodstoves or fireplace inserts (collectively “Inserts”) prior to closing of the sale. A “residential structure” includes: (1) Any structure that contains one or more dwelling units and is four stories or less above grade; (2) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure; (3) A modular home constructed off-site; (4) A manufactured dwelling; or (5) A floating home. Here’s a brief summary:
- Exclusions. The primary exclusions are pellet stoves, central wood fired furnaces, antique stoves, masonry fireplaces and masonry heaters.
- Removal and Destruction. This entails removal of the Insert from the Property and destroying it. Woodstove retailers, chimney sweeps, or others may perform this task. Sellers removing an Insert may take it directly to a metal scrap recycler or DEQ-approved landfill. Seller must obtain a receipt from the contractor or business certifying that the Insert has been destroyed. As of August 1, 2010, DEQ will have a disclosure form posted on its website that may be used to notify DEQ of the destruction of the Insert. See, link. Failure to remove or destroy the Insert does not invalidate the sale. However, it may constitute a Class A misdemeanor and/or result in a civil fine. See, ORS 468A.990.
- Certification Label. A certified woodstove or fireplace insert is one that bears a certification label located on the back and issued by the Oregon DEQ or U.S Environmental Protection Agency (“EPA”) which means that it has met certain particulate emission standards. If the Insert does not bear such a label, it is “uncertified”, and must be removed and destroyed. Sellers who cannot access the back of their Insert may look up the model number on the EPA’s certified woodstove list or call the manufacturer of the Insert.
- Responsibility. The seller is responsible for removal and destruction an uncertified Insert located on the property. If the buyer accepts written responsibility for removal and destruction, the Insert must be removed and destroyed by buyer within 30 days following the closing date of the sale.
- Additional Regulations. Sellers of residential structures located in Deschutes County, Jackson County, Klamath County, the town of Lakeview, and the cities of Bend and Medford currently have regulations that require homeowners to remove non-certified solid fuel heating device when a home is sold. Sellers and buyers in these areas should check with their local agency to determine if other requirements might apply.
- More Information. See: DEQ Woodstove FAQs link and October 22, 2010 seminar; Contact DEQ – Heat Smart Program, 811 SW Sixth Ave., Portland, OR 97204; Review Oregon Revised Statutes 468A.460 – 468A.515.