Chapter 8.20
REMOVAL OF NONCERTIFIED WOOD STOVES AND FIREPLACE INSERTS
Sections:
8.20.010 Removal of noncertified wood stoves and fireplace inserts required.
8.20.030 Removal upon sale of structures – Seller’s responsibility.
8.20.040 Disclosure certificate – Proof of destruction.
8.20.050 Procedures for cleaner air.
8.20.060 Violations – Penalties.
8.20.010 Removal of noncertified wood stoves and fireplace inserts required.
The city of Eagle Point finds that it is necessary for the protection of the health, safety and welfare of the city’s residents to require that noncertified wood stoves and fireplace inserts be removed from structures in the city limits of Eagle Point. [Ord. 2007-06 § 1].
8.20.020 Definitions.
“Noncertified wood stove or fireplace insert” means a residential space heating device that has not been certified by either the State of Oregon Department of Environmental Quality or Federal Environmental Protection Agency as complying with smoke emission standards. “Noncertified wood stove or fireplace insert” does not include (1) devices exempt from certification requirements such as pellet stoves (a wood-burning heating appliance which uses wood pellets as its primary source of fuel); (2) cook stoves (an indoor wood-burning appliance the design and primary purpose of which is to cook food); (3) antique wood stoves (a wood stove built before 1940 that has an ornate construction and a current market value substantially higher than a common wood stove manufactured in the same time period); and (4) fireplaces.
“Sale of structure” or “sale of structures” means any transaction whereby the ownership of a structure, or the real property upon which a structure is located, is transferred by an agreement for the sale and purchase of the structure or real property.
“Structure” has the same meaning provided in the zoning ordinance of the city of Eagle Point, Oregon (Chapter 17.12 EPMC). [Ord. 2007-06 § 2].
8.20.030 Removal upon sale of structures – Seller’s responsibility.
A. The responsibility for removal of noncertified wood stoves or fireplace inserts shall be the sole responsibility of the seller of the structure, which contains the noncertified wood stoves or fireplace inserts.
B. Noncertified wood stoves and fireplace inserts must be removed from structures upon sale of structures containing the noncertified wood stoves and fireplace inserts. The removal is the responsibility of the seller and removal shall be accomplished prior to the closing of any real estate transaction involving the structure containing the noncertified wood stoves or fireplace inserts. [Ord. 2007-06 §§ 3, 4].
8.20.040 Disclosure certificate – Proof of destruction.
A. The presence of all wood stoves or fireplace inserts in a structure shall be disclosed by the seller to the buyer as part of the sale and purchase of any such structure. The disclosure shall be evidenced by a certificate, which shall state whether any wood stoves or fireplace inserts are noncertified. A copy of the certificate is attached to the ordinance codified in this chapter.1
B. Proof of destruction of the noncertified wood stoves or fireplace inserts and the wood stove/fireplace insert disclosure certificate must be completed, signed by both the seller and buyer, and delivered by the seller (not the seller’s agent) to the buyer at the closing of the real estate transaction. A copy of the certificate must also be delivered to the city of Eagle Point building department by the seller (not the seller’s agent). [Ord. 2007-06 §§ 5, 6].
8.20.050 Procedures for cleaner air.
The city of Eagle Point is sensitive to the fact that until a home or structure sells and a noncertified stove(s) or fireplace insert(s) is present, pollution may continue for years. To assist with cleaner air, the following procedures will be followed:
A. If a complaint is made whereby a chimney is emitting dark smoke, DEQ will be called to assist with checking particulate matter.
B. DEQ will advise of the condition of the smoke and if outside DEQ parameters, a public safety representative will make contact at the structure in question.
C. The condition will be stated to the occupant of the structure and the representative will try and ascertain if there is a noncertified stove present.
D. If successful and there is affirmation that there is a noncertified wood stove(s) or fireplace insert(s) present, a request will be made to have the noncertified wood stove or fireplace insert removed and a certified wood stove or fireplace insert installed. [Ord. 2007-06 § 7].
8.20.060 Violations – Penalties.
Failure of the seller to provide a disclosure certificate and proof of destruction of noncertified wood stoves or fireplace inserts, demonstrating the removal and destruction of the noncertified wood stoves or fireplace inserts required by this chapter, shall be subject to a fine of not more than $1,000. [Ord. 2007-06 § 8].
Code reviser’s note: The attachment to Ordinance No. 2007-06 may be found on file in the city clerk’s office.