Chapter 15.24
NONCERTIFIED WOOD STOVES AND FIREPLACE INSERTS
Sections:
15.24.010 Findings.
The city council finds that it is necessary for the protection of the health, safety, and welfare of the city’s residents to require that noncertified wood stove and fireplace inserts be removed when structures situated on real property containing them are sold or transferred.
(Ord. 867 § 1, 2006)
15.24.020 Definitions.
When used in this section, the following terms shall have the meanings as herein ascribed:
"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 conveyed by a purchase agreement, inheritance or a transfer of title, for real property.
"Structure" has the same meaning provided in the zoning ordinance of the city of Phoenix, Oregon.
(Ord. 867 § 2, 2006)
15.24.030 Conclusions of law.
A. Unless otherwise agreed, the responsibility for removal of noncertified wood stoves or fireplace inserts shall be the responsibility of the seller of the structure(s), which contain the noncertified wood stove(s) or fireplace insert(s).
B. The presence of all wood stoves or fireplace inserts in a structure shall be included as a part of the sellers property disclosure presented to the new owner, as part of the sale or transfer of any real property. The disclosure shall evidence by certificate, whether any wood stoves or fireplace inserts are of a conforming use, and present in the subject property.
C. Unless otherwise agreed, all noncertified wood stoves and fireplace inserts must be removed from the structure upon sale or transfer of a structure containing any noncertified wood stove(s) and fireplace insert(s). If the seller assumes the responsibility of removal, then such removal shall be completed on or before the closing or title transfer of any real estate. Should the buyer or the undersigned owner assume the responsibility of removal, the responsible party shall complete the removal within thirty calendar days after the recordation of title and evidence the removal, as stated herein.
The certificate shall be in substantially the following form:
WOOD STOVE/FIREPLACE INSERT DISCLOSURE CERTIFICATE
The undersigned seller discloses to the undersigned owner the presence of wood stoves or fireplace inserts located at property, which has the following address:
_____
The wood stoves or fireplace inserts are generally described as:
1. _____
2. _____
3. _____
4. _____
5. _____
The wood stoves or fireplace inserts are:
|
certified |
non-certified |
|---|---|
|
1.____________ |
____________ |
|
2.____________ |
____________ |
|
3.____________ |
____________ |
|
4.____________ |
____________ |
|
5.____________ |
____________ |
Seller and the undersigned owner understand that the City of Phoenix’s wood stove/fireplace insert ordinance requires non-certified wood stoves or fireplace inserts to be removed from the subject structures upon sale; and that the seller shall have the responsibility for the removal of the wood stoves or fireplace inserts, unless the seller and the undersigned owner agree in writing, that the undersigned owner shall assume the responsibility to remove the wood stove(s) or fireplace insert(s) pursuant to the local ordinance.
The responsibility for removing any non-certified wood stoves or fireplace inserts shall be:
____________ Responsibility of the seller.
____________Responsibility of the undersigned owner.
The seller and the undersigned owner also understand, this certificate must be completed and signed by both parties, delivered to the City of Phoenix on or before the closing of any related real estate transaction. Further, all obligations stated herein, survive the Close of escrow or transfer of title.
The penalty for not removing non-certified wood stoves or fireplace inserts is a fine not exceeding $250.00.
|
Dated:____________/____________/____________ |
||
|
|
|
|
|
_____(Seller) |
_____ |
|
|
(Undersigned Owner) |
|
|
The disclosure(s) and certificate must be executed by both seller and the undersigned owner, on or before, the closing of any real estate transfer involving real property, upon which the structure(s) containing the wood stoves or fireplace inserts are involved. Upon the complete execution of the disclosure certificate, a copy must be submitted to the city of Phoenix by the responsible designee. Delivery of the disclosure certificate is required for any transfer of title, whether the real estate transaction is closed in escrow or closed by the seller and the undersigned owner without a closing escrow.
Failure of the seller, or the undersigned owner, to provide a disclosure certificate required by this chapter, demonstrating the subsequent removal of a noncertified wood stove(s) or fireplace insert(s) from a structure, required by this chapter, shall be subject to a fine of not more than two hundred fifty dollars.
(Ord. 867 § 3, 2006)