(1) Unless exempt
under section (4), when a residential structure is sold in Oregon, all used
solid fuel burning devices must be removed and destroyed if the devices were
not certified for sale as new by DEQ or EPA and are not permanently labeled as
certified, or in the case of a hydronic heater is permanently labeled as a
Phase 1 or Phase 2 emission level qualified model, with a label authorized by
DEQ or EPA.
(2) The removal and
destruction of a used solid fuel burning device is the responsibility of the
seller of the residential structure, unless the seller and buyer agree in
writing that it is the buyer's responsibility. If the seller retains
responsibility, the seller shall remove and destroy the device prior to the
closing date of the sale of the residential structure. If the buyer accepts
responsibility, the buyer shall remove and destroy the device within 30 days
after the closing date of the sale of the residential structure.
The seller or buyer, as determined
pursuant to sections (1) and (2), must:
Remove all used solid fuel burning devices on the real property sold with the
residential structure, including but not limited to devices in a residence,
garage, workshop, outbuilding, or any other structure.
Destroy all used solid fuel burning
devices, pursuant to the definition of "destroy" in OAR
taking them to a facility or entity that will render the devices incapable of
being used as heating devices.
Obtain a receipt from the place of destruction that verifies the delivery of
all used solid fuel burning devices. The receipt must include:
(A) Date of delivery to place of
(B) Name and address
for the place of destruction; and
(C) Description of all used solid fuel
burning devices delivered for destruction.
Notify DEQ of the removal and destruction
of all used solid fuel burning devices on DEQ issued paper or electronic forms.
The forms will require the following information:
(A) Name, current mailing address, and phone
number of the person removing the stove;
(B) Address and tax lot number of the
residential structure being sold;
(C) Closing date of sale of the residential
structure if the buyer is the responsible party, or the estimated closing date
of sale if the seller is the responsible party;
(D) The receipt or receipt information
obtained under subsection (3)(c); and
(E) A signed statement certifying that the
information is accurate to the best of the certifying individual's
Exemptions. The following are exempt from
removal and destruction pursuant to this rule:
(c) Antique woodstoves;
(d) Pellet stoves;
(e) Masonry heaters;
(f) Central wood-fired furnaces;
Or. Admin. R.
DEQ 2-2011, f. 3-10-11,
cert. ef. 3-15-11
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 -