Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES
Section 340-262-0700 - Removal and Destruction of Used Solid Fuel Burning Devices
Current through Register Vol. 63, No. 3, March 1, 2024
(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:
(4) Exemptions. The following are exempt from removal and destruction pursuant to this rule:
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515