Salem Oregon Real Estate-New Oregon Law-Woodstoves
What You Need to Know Before Buying or Selling a home in Oregon.
On August 1, 2010, a new law affecting homes with woodstoves went into effect. What do you need to know about this new law if you are a Salem Oregon Seller or Buyer?
As of August 1st, Oregon law requires that any uncertified woodstove or fireplace insert must be removed and destroyed and if you are selling your home.
1. What do you need to do if you have a woodstove or insert?
First you need to check to see if the woodstove or insert is certified. If it is not certified by DEQ or EPA you are responsible for removing and destroying it prior to the close of the sale on your property.
2. How do you determine if it is certified?
You can tell if your device is certified by looking on the back for a certification sticker from Oregon DEQ or EPA. This label will indicate that it is certified to comply with particular emission standards. A safety label (from U.L. or other safety listing agencies) is not the same as DEQ or EPA certification.
You can also check DEQ'S webpage to see if your wood heating device is listed on the EPA's or DEQ's certification list.
3. What if your stove does not have a label
You cannot get it certified. Certification is completed by the stove manufacturers when they introduce a new line. To meet the requirements, stoves must have pollution control systems built into them.
4. What are my options for removing and destroying my device.
You can remove it yourself, or contact your local woodstove retailer or chimney sweep who may be able to remove and destroy your device for you. If you choose to remove it yourself, you can take it to a local metal scrap recycler or landfill to make sure it is properly disposed of. Be sure you get a receipt from wherever you take your stove/insert. Your receipt is proof of the stove's destruction and part of your notification to DEQ.
5. What do I need to do to notify DEQ?
Prior to the close of your sale, you can submit a woodstove disclosure form online to DEQ. You can also print out a paper form from the website and follow the instructions.
6. What if my device is in a garage or shop?
You must remove any uncertified wood burning device from all buildings on the property that is being sold.
7. Can I sell the device?
No. You cannot sell, offer to sell, or advertise any uncertified device.
8. Can the homebuyer remove the device?
Yes, you can agree in writing that the buyer will remove the device.
FOR SALEM OREGON HOME BUYERS
What should you know about buying a home with one of these devices?
1. The seller must provide to you the seller's disclosure form indicating whether there is a wood burning device on the property.
2. It is the seller's responsibility to remove the uncertified device unless you and the seller agree in writing that you, the buyer, will be responsible for removing the device. If you decide to remove the device yourself, you have 30 days following the close of the sale to do so.
3. You are then responsible for obtaining a receipt indicating that you destroyed the stove and submit notification to DEQ.
WHAT WOOD HEATING DEVICES ARE NOT REQUIRED TO BE REMOVED?
For more information on this new law, and the requirements that need to be met, visit DEQ's website.
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