OAR 340-262-0700: Removal and Destruction of Used Solid Fuel Burning Devices

(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. (3) The seller or buyer, as determined pursuant to sections (1) and (2), must: (a) 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. (b) Destroy all used solid fuel burning devices, pursuant to the definition of “destroy” in OAR 340-262-0450, by taking them to a facility or entity that will render the devices incapable of being used as heating devices. (c) 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 destruction; (B) Name and address for the place of destruction; and (C) Description of all used solid fuel burning devices delivered for destruction. (d) 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 knowledge. (4) Exemptions. The following are exempt from removal and destruction pursuant to this rule: (a) Fireplaces; (b) Cookstoves; (c) Antique woodstoves; (d) Pellet stoves; (e) Masonry heaters; (f) Central wood-fired furnaces; and (g) Saunas. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.