2001-720-Ordinance No. 2001-035 Recorded 9/27/2001REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS U 2001'720
COMMISSIONERS' JOURNAL 09/27/200103:24:53 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 8, Health and
Safety, of the Deschutes County Code requiring
Removal of Non -certified Woodstoves Upon Sale of
Real Property.
ORDINANCE NO. 2001-035
WHEREAS, the U.S. Congress in the Clean Air Act identified particulate matter as
health hazard and that Americans of all ages, but especially children, the elderly and those
citizens with respiratory ailments, were at risk from particulate matter; and
WHEREAS, the Environmental Protection Agency (EPA), health organizations and
research entities have collected data on health risks as they relate to particulate matter (PM),
especially so called PM -2.5 and PM -10, and have determined that this health risk is caused
principally from the combustion of materials through emissions of particulate matter; and
WHEREAS, these health risks have lead to continued illnesses and even premature death,
and recent health studies have identified children affected by asthma as a rapidly increasing
epidemic in the U.S.A.; and
WHEREAS, this research led the State of Oregon in 1988 to ban the manufacturing and
sales of non -certified wood stoves in the State, require the installation of certified wood stoves
only, e.g. low PM -2.5 and PM -10 emitting wood stoves and prohibit the resale or reinstallation
of non -certified wood stoves once removed from the property; and
WHEREAS, the Board heard testimony that non -certified wood stoves and fireplace
inserts are also fire hazards, especially since some have been moved from inside homes into
shops and garages. It will take ten to twelve years before all of the non -certified wood stoves are
eliminated; and
WHEREAS, allowing the continued use of non -certified woodstoves and fireplace inserts
could lead to the County's failure to maintain the state and federal clean air standards; and,
WHEREAS, the County's failure to maintain the state and federal clean air standards
could result in administrative sanctions. Such sanctions could seriously impinge the County's
budget and priority setting. Additionally, the stigma of "non -attainment" could affect the
economic sustainability and/or the desirability of the County; and
Page 1 of 2— ORDINANCE NO. 2001-035 (09/26/01)
WHEREAS, the County Commission finds that it is necessary for the protection of the
health, safety and welfare of the County's residents to require that non -certified wood stove and
fireplace inserts be removed and disposed of when structures containing them are sold; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, HEREBY ORDAINS as follows:
Section 1. ADDING. Deschutes County Code Title 8, Health and Safety, is amended
by the addition of a new chapter, Wood Stove and Fireplace Inserts, to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein.
DATED this -`day of September, 2001.
BOARD OF COUNTY COMM SIONERS OF
DESCHUTES CO TY, ON".
TOMgDEWF, ChairATTEST: ENKE, Commissioner
�7 , 6(
Recording Secretary C AEL M. DALY, C mmissioner
Page 2 of 2— ORDINANCE NO. 2001-035 (09/26/01)
EXHIBIT "A"
Chapter 8.22. WOOD STOVES AND
FIREPLACE INSERTS
8.22.010.
Definitions.
8.22.015.
Definition -Disposal.
8.22.020.
Definition -Non -certified wood
stoves and fireplace inserts.
8.22.025.
Definition -Sale of Structure or
Sale of Structures.
8.22.030.
Definition -Structure.
8.22.040.
Wood stove removal.
substantially higher than a common wood stove
also manufactured before 1940) and (4)
fireplaces.
(Ord. 2001-035 § 1, 2001)
8.22.025. Definition -Sale of Structure or
Sale of Structures.
"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.
(Ord. 2001-035 § 1, 200 1)
8.22.010. Definitions. 8.22.030. Definition -Structure.
For the purposes of DCC 8.22, unless otherwise "Structure" (Building) is any structure used or
apparent from the context, certain words and intended for supporting or sheltering any use or
phrases used in DCC 8.22 are defined as set forth occupancy. (1997 Uniform Building Code
in DCC 8.22.015 through DCC 8.22.030. Section 203-B)
(Ord. 2001-035 § 1, 2001) (Ord. 2001-035 § 1, 2001)
8.22.015. Definition -Disposal.
"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) land fill disposal.
(Ord. 2001-035 § 1, 2001)
8.22.020. Definition -Non -certified wood
stoves and fireplace inserts.
"Non -certified 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. "Non -certified
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
Chapter 8.22
8.22.040. Wood stove removal.
A. Non -certified wood stoves and fireplace
inserts must be removed from structures upon
sale of structures containing the non -certified
wood stoves and fireplace inserts.
B. The removal and disposal of non -certified
wood stoves and fireplace inserts shall be the
responsibility of the Seller of the structure
which contains the non -certified wood stoves
and fireplace inserts unless the Seller and
Buyer agree in writing that it shall be the
Buyer's responsibility. If the removal and
disposal 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 non -
certified wood stoves and fireplace inserts. If
removal is to be the responsibility of the
buyer, removal and disposal shall be
accomplished within 30 days after the closing
of the real estate transaction.
C. The presence of all non -certified wood stoves
and 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 the
(09/2001)
Page 1 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2001-035 (09/26/01) EXHIBIT A
EXHIBIT "A"
Disclosure Certificate, which shall describe
any non -certified wood stoves and fireplace
inserts and the disposal method thereof. The
Disclosure Certificate shall be in substantially
in compliance with the form set forth in DCC
8.22.
D. The Disclosure Certificate must be completed,
signed by both the Seller and Buyer and
delivered by the Seller to the Buyer prior to
the recording of any documents or closing of
any real estate transaction involving the real
property upon which the structure containing
the non -certified wood stoves and fireplace
inserts is located. A copy of the Disclosure
Certificate must also be delivered by the
Seller to Deschutes County Community
Development Department at 117 N.W.
Lafayette, Bend, OR 97701-1925. Delivery
of the Disclosure Certificate is required
whether the real estate transaction is closed in
escrow or if the real estate transaction is
closed without a closing escrow.
(Ord. 2001-035 § 1, 2001)
Chapter 8.22
2
Page 2 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2001-035 (09/26/01)
(09/2001)
EXHIBIT A
NON -CERTIFIED WOOD STOVE AND FIREPLACE INSERT DISCLOSURE CERTIFICATE
The undersigned Seller discloses to the undersigned Buyer the presence of all non -certified wood stoves and fireplace inserts
located at property, which has the following street address, Tax Assessor Map No. and Tax Lot No.:
The non -certified wood stoves and fireplace inserts are
generally described as: DISPOSAL METHOD
2.
3.
(Use Additional Forms if Necessary)
Seller and Buyer each understand that the Deschutes County Clean Air Ordinance No. 2001-035 requires that non -certified
wood stoves and fireplace inserts be removed from structures upon sale or transfer of title and that the Seller shall have the
responsibility for the removal and disposal of non -certified wood stoves and fireplace inserts, unless the seller and buyer
agree in writing that it shall be the Buyer's responsibility.
The responsibility for removing and disposal of any non -certified wood stoves or fireplace inserts shall be:
Responsibility of the Seller Responsibility of the Buyer (Check one)
If the removal and disposal is the responsibility of the Seller, then removal and disposal shall be accomplished prior to the
closing of any real estate transaction involving the structure containing the non -certified wood stoves and fireplace inserts. If
removal is to be the responsibility of the Buyer, removal and disposal shall be accomplished within 30 days after the closing
of the real estate transaction.
The Seller and Buyer also understand that this Disclosure Certificate must be completed, signed by both the Seller and Buyer
and delivered by the Seller to the Buyer prior to the recording of any documents or closing of any real estate transaction
affecting the property where the wood stoves and fireplace inserts are located. A copy of the Disclosure Certificate must also
be delivered by the Seller to Deschutes County Community Development Department at 117 N. W. Lafayette, Bend, OR
97701-1925. Delivery of the Disclosure Certificate is required whether the real estate transaction is closed in escrow or if the
real estate transaction is closed without a closing escrow.
Dated: Dated:
Seller
Seller
Seller
Seller
Buyer
Buyer
Buyer
Buyer
EXHIBIT "A" TO ORDINANCE NO. 2001-035 (09/26/01)
Original — Deschutes County Community Devel. Dept. Pink — Buyer Yellow - Seller
EXHIBIT A
NON -CERTIFIED WOOD STOVE AND FIREPLACE INSERT DISCLOSURE CERTIFICATE
The undersigned Seller discloses to the undersigned Buyer the presence of all non -certified wood stoves and fireplace inserts
located at property, which has the following street address, Tax Assessor Map No. and Tax Lot No.:
The non -certified wood stoves and fireplace inserts are
generally described as: DISPOSAL METHOD
1.
2.
3.
(Use Additional Forms if Necessary)
Seller and Buyer each understand that the Deschutes County Clean Air Ordinance No. 2001-035 requires that non -certified
wood stoves and fireplace inserts be removed from structures upon sale or transfer of title and that the Seller shall have the
responsibility for the removal and disposal of non -certified wood stoves and fireplace inserts, unless the seller and buyer
agree in writing that it shall be the Buyer's responsibility.
The responsibility for removing and disposal of any non -certified wood stoves or fireplace inserts shall be:
Responsibility of the Seller Responsibility of the Buyer (Check one)
If the removal and disposal is the responsibility of the Seller, then removal and disposal shall be accomplished prior to the
closing of any real estate transaction involving the structure containing the non -certified wood stoves and fireplace inserts. If
removal is to be the responsibility of the Buyer, removal and disposal shall be accomplished within 30 days after the closing
of the real estate transaction.
The Seller and Buyer also understand that this Disclosure Certificate must be completed, signed by both the Seller and Buyer
and delivered by the Seller to the Buyer prior to the recording of any documents or closing of any real estate transaction
affecting the property where the wood stoves and fireplace inserts are located. A copy of the Disclosure Certificate must also
be delivered by the Seller to Deschutes County Community Development Department at 117 N. W. Lafayette, Bend, OR
97701-1925. Delivery of the Disclosure Certificate is required whether the real estate transaction is closed in escrow or if the
real estate transaction is closed without a closing escrow.
Dated: Dated:
Seller
Seller
Seller
Seller
Buyer
Buyer
Buyer
Buyer
EXHIBIT "A" TO ORDINANCE NO. 2001-035 (09/26/01)
Original — Deschutes County Community Devel. Dept. Pink — Buyer Yellow - Seller