Upcoming Oregon Real Estate Laws May Affect You
There are a couple new Oregon Real Estate Laws going into effect in the next month or so that may pertain to a lot of the homes for sale in the Roseway and surrounding neighborhoods. If you have a home for sale, or you’re renting your home, you definitely need to be aware of these changes coming. I’ll do my best to explain them in “people language” and provide links for more information to the official documents from the State of Oregon.
Senate Bill 102
The first new change is Senate Bill 102, also known as the Oregon Heat Smart Program, which passed in 2009 requiring the removal of any uncertified woodstove from a home when it is sold. This bill is part of a program to help protect Oregonians from uncontrolled wood smoke. Residential wood burning is a significant source of air pollution, including fine particulate and air toxins that can be dangerous and potentially deadly.
Beginning August 1, 2010, if you are selling a home with an uncertified woodstove, you will be required to remove this device from the home and show proof that it was recycled or properly destroyed. Home sellers typically must complete a state mandated checklist of items that they must disclose or address (i.e., lead paint, underground storage tank) prior to selling a home. SB 102 adds the disclosure of an uncertified woodstove to that list.
How do I know if my stove is certified? From Heat Smart Agenda Item A:
All certified stoves will have either the Oregon DEQ label or an EPA label. This label shows tested smoke emissions and heating efficiency performance. The DEQ labels were used from 1985 through 1989, when they were replaced with the permanent EPA label. The EPA maintains a list of certified woodstoves that homeowners can reference to determine if their stove is certified. There are other labels on the stove, including a safety label which lists requirements for safe clearances to walls, hearths, and chimneys and is often confused with “certification”. A safety label (from U.L. or other safety-listing agency) is not the same as DEQ or EPA certification. Certification is completed by stove manufacturers when introducing a new model line. To meet certification requirements, stoves must have pollution control systems built into them.
There are some exceptions to SB 102 that are exempt from the certification requirements such as pellet stoves, antique woodstoves (built before 1940), cookstoves, masonry heaters, masonry fireplaces, and central wood-fired furnaces.
Notification, Removal and Destruction
As you can probably guess by the subtitle above, this is a three step process. The notification portion is handled via a simple one page form that you can get from your Realtor (and eventually online from DEQ) that discloses that you have an uncertified woodstove, and that it was properly disposed of.
Stove removal is negotiated between the buyer and seller. The Oregon Real Estate Agency can provide the information, but is not responsible for ensuring stove removal. That will ultimately be the responsibility of either the buyer or seller, depending on what is negotiated.
Unfortunately, the destruction portion isn’t as fun as it sounds. To ensure proper disposal and destruction of the uncertified stove, the responsible party (remember, this is negotiated) can take the stove to a metal recycler, woodstove dealer or DEQ approved landfill. The responsible party would need to receive a receipt to verify that the stove was properly disposed of/destroyed. **Note: It is against the law to sell, offer to sell or advertise to sell an uncertified stove in Oregon. So, don’t throw your stove up for sale on Craigslist!
That pretty much covers the basics of SB 102. For more detailed information check out the Oregon Heat Smart program FAQ’s.
Oregon House Bill 3450
The second law going into effect is slightly less complicated. There’s a lot to it, but for the most part it’s easier for everyone involved in the process. The purpose of the bill is to reduce deaths and poisonings from carbon monoxide.
HB 3450, which takes effect July 1st, 2010 basically states that you cannot sell, transfer possession of, or rent out a home (one, two or multifamily dwelling) that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of
the dwelling or housing.
For purposes of this bill, a carbon monoxide source is defined as: a heater, fireplace or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or an attached garage. So, if you’re selling, transferring or renting a home with any of the above, this bill applies to your transaction. Check with your Realtor, or contact the Oregon State Fire Marshal for more detailed information.
As you can see, HB 3450 pretty much goes hand in hand with SB 102 when it comes to buying and/or selling a home with a wood stove. Knowing your responsibilities, and being prepared for the process will hopefully save you time when you choose to do so.
About the Author | Jeff Bernheisel
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My name is Jeff Bernheisel.
Agency Info:
Upcoming laws for Oregon Real Estate agents to be aware of: http://bit.ly/9FzZJ3
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