Selling a Home With a Wood Stove in Oregon: What Has to Be Removed

Which Devices Have to Go

The rule is Oregon Administrative Rule 340-262-0700, which DEQ runs as its Heat Smart program. It covers every uncertified solid fuel burning device on the property, not only the one in the living room. DEQ puts it this way: "You must remove all uncertified devices from the property being sold, regardless of where they are located. This includes garages and workshops."

How to Tell Whether a Stove Is Certified

Look on the back of the stove or insert for a permanently attached Oregon DEQ or US EPA certification label. DEQ is specific that a UL (Underwriters Laboratories) safety label is not a certification label. Certification is done by the manufacturer when the stove is built, so a stove that was not certified cannot be certified later. If the back of an insert is hidden inside the fireplace, it has to be pulled out far enough to read the label.

Who Is Responsible, and By When

By default the seller removes the device before closing. If the buyer agrees in writing to take responsibility, the buyer has 30 days after the close of sale. DEQ notes two practical risks beyond the fine: an insurer may invalidate a homeowner policy, and a mortgage company may delay the sale, if an uncertified device was not removed, destroyed and reported.

A refinance does not trigger the rule. DEQ says the requirement applies only when a home is sold, and is not triggered by a refinance as long as ownership does not change.

What "Removed and Destroyed" Means

Disconnecting the stove is not enough. The state rule has no exception for a stove that has been disconnected or had its flue capped. The steps are:

• Take the device to a facility that will make it unusable as a heater. DEQ describes the standard as demolished to the extent that it cannot be restored or reused, and recommends removing the door and hinges and cutting holes at least four inches across in the top and sides.
• Get a receipt. The rule requires it to show the date, the name and address of the facility, and a description of each device.
• File the Uncertified Woodstove Removal Notification with DEQ, online from the Heat Smart page. You need the tax lot number and the disposal receipt in front of you. The receipt itself is not uploaded.
• Keep the confirmation number DEQ issues. It is your proof at closing.

You Cannot Sell the Old Stove

It is illegal in Oregon to sell, offer or advertise an uncertified wood stove or insert. That rules out listing it online or giving it to a neighbor to install. It has to be destroyed.

Local Rules in the Rogue Valley Add Steps

Cities and Jackson County have their own ordinances on top of the state rule. They mostly match it, but each counts the buyer deadline differently, wants its own paperwork and sets its own fine. Each row below is from the current code as the city or county publishes it online. Talent and Ashland exempt only fireplaces that are not used for heating, where the state rule and the other cities exempt fireplaces outright.

Replacing It

A replacement stove or insert has to be certified, and DEQ says you must get a permit from your local building codes department to install it. In Ashland there is an extra step before the permit: an existing chimney has to be cleaned and inspected by a CCB-registered sweep or masonry contractor first. An insert also needs a flue that matches the appliance, which usually means a liner.

Where a Chimney Inspection Fits

Nothing in the state rule requires a chimney inspection when a home is sold. It is still the sensible time to have one, because a buyer wants to know two separate things: whether the stove is legal to leave in place, and whether the chimney it vents into is sound. A $99 inspection covers the second question, and is a good moment to find and photograph the certification label for the first. If you are a seller in Southern Oregon, doing this before listing leaves time to deal with an uncertified stove before it holds up closing.

Related Guides

Related Problems