Chapter 8.30
NONCERTIFIED WOOD STOVES AND FIREPLACE INSERTS
Sections:
8.30.030 Responsibility for removal.
8.30.010 Purpose.
The council finds that it is necessary for the protection of the health, safety and welfare of the city’s residents to require noncertified wood stoves and fireplace inserts be removed and disposed of when structures containing them are sold. [Ord. 326 § 1, 2001. Code 2002 § 8.24.010].
8.30.020 Definitions.
“Buyer” shall be singular or plural.
“Disposal” means to demolish to such an extent that restoration is impossible. “Disposal” does not include use as a trash burning device or reinstallation into another structure. “Demolish” includes (1) cutting up for scrap metal, (2) destruction of door, or (3) landfill disposal.
“Noncertified wood stoves and fireplace inserts” 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 stoves and fireplace inserts” does not include (1) devices exempt from certification requirements such as pellet stoves and pellet furnaces (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 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.
“Seller” shall be singular or plural.
“Structure” or “building” is any structure used or intended for supporting or sheltering any use or occupancy. (1997 Uniform Building Code Section 203-B) [Ord. 326 § 2, 2001. Code 2002 § 8.24.020].
8.30.030 Responsibility for removal.
The responsibility for removal and disposal of noncertified wood stoves or fireplace inserts shall be the responsibility of the seller of the structure which contains the noncertified wood stoves or fireplace inserts, unless the seller and buyer agree in writing that it shall be the buyer’s responsibility. [Ord. 326 § 3, 2001. Code 2002 § 8.24.030].
8.30.040 Removal.
Noncertified wood stoves and fireplace inserts must be removed from structures upon sale of structures containing the noncertified wood stoves and fireplace inserts. If the removal is the responsibility of the seller, then removal shall be accomplished prior to the closing of any real estate transaction involving the structure containing the noncertified wood stoves or fireplace inserts. If removal is to be the responsibility of the buyer, removal shall be accomplished within 30 days after the closing of the real estate transaction. [Ord. 326 § 4, 2001. Code 2002 § 8.24.040].
8.30.050 Disclosure.
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 notarized disclosure certificate which shall state whether any wood stoves or fireplace inserts are noncertified and the disposal method. The notarized disclosure certificate shall be in substantially the following form included in this chapter. [Ord. 326 § 5, 2001. Code 2002 § 8.24.050].
8.30.060 Certificate.
The notarized disclosure certificate must be prepared by the seller, executed by the seller and the buyer, and delivered by the seller to the buyer at the closing of any real estate transaction involving the real property upon which the structure containing the wood stoves or fireplace inserts is located. A copy of the disclosure certificate after execution and delivery must be submitted to the city of Sisters planning department by the seller. Delivery of the notarized disclosure certificate is required whether the real estate transaction is closed in escrow or if the real estate transaction is closed by the seller and buyer without a closing escrow. [Ord. 326 § 6, 2001. Code 2002 § 8.24.060].
8.30.070 Penalties.
Failure of the seller to provide the disclosure certificate required by this chapter, and failure of the seller (or the buyer if the parties have so agreed) to remove noncertified wood stoves or fireplace inserts from a structure as required by this chapter, shall be subject to a fine of not more than $1,000. [Ord. 326 § 7, 2001. Code 2002 § 8.24.070].
8.30.080 Form.
WOOD STOVE/FIREPLACE INSERT DISCLOSURE CERTIFICATE
The undersigned seller discloses to the undersigned buyer the presence of wood stoves or fireplace inserts located at property which has the following address:
______________________________________________________________________
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The wood stoves or fireplace inserts |
The wood stoves or |
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Are generally described as: |
fireplace inserts are: |
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Certified |
Non-certified |
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1. ___________________________________ |
_____ |
_____ |
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2. ___________________________________ |
_____ |
_____ |
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3. ___________________________________ |
_____ |
_____ |
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4. ___________________________________ |
_____ |
_____ |
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5. ___________________________________ |
_____ |
_____ |
Seller and buyer each understand that the City of Sisters’ wood stove/fireplace insert ordinance requires non-certified wood stoves or fireplace inserts to be removed from 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 buyer agree that it shall be the buyer’s responsibility to remove the wood stoves or fireplace inserts.
The responsibility for removing any non-certified wood stoves or fireplace inserts shall be:
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Responsibility of seller __________ |
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Responsibility of buyer __________ |
The seller and buyer also understand that this certificate must be completed, signed by both the seller and buyer, and delivered by the seller to the buyer at the closing of the real estate transaction including the property where the stoves or fireplace inserts are located. A copy of the certificate must also be delivered to the City of Sisters Planning Department by the seller.
The penalty for not removing non-certified wood stoves or fireplace inserts is a fine not exceeding $1000.
Dated: __________ Seller ____________________
State of __________
County of __________
Signed or attested before me on __________ (date)
______________________________ (name)
______________________________ Signature of Notary, Commission expires __________
Dated __________ Buyer ____________________
State of __________
County of __________
Signed or attested before me on __________ date
______________________________ (name)
______________________________ Signature of Notary, Commission expires __________
[Ord. 326, 2001. Code 2002 § 8.24.080].