Filed under: 2009 Oregon Legislative Changes, Home Safety, Woodstoves | Tags: 2009 Oregon Legislative Changes, Chris Hermanski, Home Safety
Beginning August 1, 2010, anyone selling a home with an old, uncertified woodstove will be required to remove and destroy this device. The 2009 Oregon Legislature signed Senate Bill 102 into law requiring the removal of any uncertified woodstove from a home when it is sold. This law 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 toxics.
Frequently Asked Questions about the Heat Smart Program
What is Required?
As of August 1, 2010, Oregon law requires you to remove an uncertified woodstove or fireplace insert if you are selling your home.
For Home Sellers
What is the Heat Smart Program?
The 2009 Oregon Legislature passed a law requiring the removal of any uncertified woodstove from a home when it is sold. This law helps protect people from unnecessary woodsmoke pollution.
Why are uncertified stoves a concern?
Uncertified woodstoves burn about 70 percent dirtier than certified woodstoves. They also burn far less efficiently and require more fuel than newer, certified stoves. These older, polluting stoves can remain in service for dozens of years. Removing them from service would help Oregon’s efforts to restore and preserve healthy air and save homeowners money.
What are the health concerns with woodstove smoke?
Wintertime residential wood burning is a significant source of air pollution, including fine particulates and air toxics. At times, heavy smoke from residential wood burning in a community can exceed federal air quality health standards for particulate matter. Particulate matter in woodstove smoke can be easily inhaled and reach the deepest part of our lungs; it is known to cause or contribute to respiratory disease, asthma attacks, heart problems, and premature death. Wood smoke also contains toxic organic compounds known to cause cancer.
What do I need to do if I have a woodstove or fireplace insert?
First, you should check whether or not the woodstove or fireplace insert is certified. If the stove or insert is uncertified, it must be removed before the house is sold. If the stove or insert is certified there is no need to remove the stove.
How do I determine if my woodstove or fireplace insert is certified?
You can tell if your device is certified by looking on the back for a certification sticker from Oregon DEQ or the U.S. Environmental Protection Agency (EPA). This label indicates it is certified to comply with particulate emission standards. A safety label (from U.L. or other safetylisting agency) is not the same as DEQ or EPA certification. You can also check EPA’s list of certified woodstoves to see if your wood heating device is listed.
For Home Buyers
My stove does not have a label, can I get it certified?
No. Certification is only completed by stove manufacturers when introducing a new model line. To meet certification requirements, stoves must have pollution control systems built into the device.
What if I can’t access the back of my stove? What do I do if the label has worn off?
You can look up the model number of your stove on EPA’s certified woodstove list. You can also try to call the manufacturer of the stove to determine if it was certified.
How do I remove and destroy my uncertified stove?
You can remove it yourself or contact your local woodstove retailer or chimney sweep who may be able to remove and destroy the stove for you. If you choose to remove your uncertified device take it to your local metal scrap recycler or landfill to make sure it is properly disposed and destroyed. Just be sure that you get a receipt from the contractor or business that takes your stove. Your receipt is proof of the stove’s destruction and part of your notification to DEQ.
How do I notify the DEQ that I have removed and destroyed my stove?
Beginning August 1, 2010 you can submit a disclosure form to DEQ online. The form will be posted here August 1, 2010. You will also have the option to mail the form in paper form to DEQ
– Heat Smart Program, 811 SW Sixth Ave, Portland, OR 97204.
Do I also have to remove an uncertified stove from my garage or shop?
Yes. You must remove any uncertified woodstove or fireplace insert from all buildings on the property that is being sold.
Can I sell my uncertified woodstove?
No. It is against the law to sell, offer to sell, or advertise any uncertified woodstove or fireplace insert.
What do I do if the home buyer wants to remove the stove?
It’s up to you and the buyer to decide who will remove and destroy the stove. Once you decide, that information is part of the notice that can be submitted to DEQ.
What should I know about buying a home with an uncertified wood heating device?
If the homeowner/seller has an uncertified woodstove device in any building on the residential property being sold, he or she must remove and destroy it before the close of sale.
The seller must also give you, the buyer, the seller’s disclosure form indicating whether there is a wood burning device on the property.
It is the seller’s responsibility to remove the uncertified wood burning device unless you and the seller agree that you, the buyer, will be responsible for removing the stove. If so, you must remove and destroy the uncertified wood burning device within 30 days after the closing date of sale.
The buyer should also:
Get a receipt indicating you have destroyed the stove.
Submit the notification form to DEQ
When does the requirement to remove an uncertified woodstove or fireplace insert go into effect?
August 1, 2010.
What if I want to install a new woodstove or fireplace insert? What do I need to do?
You must obtain a permit from your local building codes department. Oregon building codes require a permit and inspection for any woodstove installation. Call your local city or county building department for details.
What wood heating devices are not required to be removed upon home sale?
These devices are not required to be removed when a home is sold:
Pellet stoves – Similar in appearance to wood stoves; however, instead of wood, pellet stoves burn a renewable fuel made of ground, dried wood and other biomass wastes compressed into pellets. Unlike wood stoves and fireplaces, most pellet stoves need electricity to operate.
Central, wood fired furnaces – Indoor, ducted, thermostatically controlled devices with a dedicated cold air inlet and hot air outlet that connect to the heating ductwork for the entire house.
Antique stoves – Woodstoves built before 1940 that have an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period.
Masonry fireplaces – There are two major types of wood-burning fireplaces, traditional masonry fireplaces that are typically built of brick or stone and are constructed on site by a mason; and “low mass” fireplaces that are engineered and pre-fabricated in a manufacturing facility prior to installation. Most fireplaces, whether masonry or low mass, are not used as a primary source of heat; their function is primarily for ambiance and secondary heating.
Masonry heaters – Site-built or site-assembled solid-fueled heating device, consisting of a firebox, a large masonry mass, and a maze of heat exchange channels. It stores heat from rapidly-burning fires within its masonry structure, and slowly releases the heat into the home throughout the day.
What if I live in an area that currently requires removal of an uncertified woodstove?
The statewide DEQ program will supersede any local stove removal requirements currently in effect.
EPA certification sticker
If your wood stove has either of the these labels attached to the back it is certified.
EPA certification label circa 1988 to present. Oregon DEQ Woodstove certification label circa 1984-1988.
Filed under: 2009 Oregon Legislative Changes, General, NARPM, Property Management, rentals | Tags: 2009 Oregon Legislative Changes, NARPM, Property Management
Legislatures shift over time. Sometimes they are more aligned with landlord interests, sometimes with tenant interests. The 2009 legislative session was a tougher environment for landlord concerns.
This year SB 771 easily passed the legislature making sweeping changes to Oregon Landlord and Tenant Law statutes.
Basics of SB 771:
- 60 day no-cause eviction period for unchanged tenancies greater than 1 year
- Allows formation of a Temporary Occupant Agreement
- Facilitates property distribution when a sole tenant dies
- Reduces types of fees, specifies deposits
No Stated Cause Terminations – Month to Month Tenancy
- Tenant can terminate with 30 days notice
- During the first year of occupancy the landlord may terminate with not less than 30 days notice.
- After the first year of occupancy, the landlord may terminate with not less than 60 days notice.
- “First year occupancy” includes any periods in which any of the tenants have lived in the unit less than one year: i.e.: resets any time new tenants moves in
Temporary Occupancy Agreements
- A Temporary Occupant is not a tenant entitled to occupy the dwelling unit, and does not have the rights of a tenant
- A Temporary Occupancy Agreement may be terminated by the tenant at any time without cause, and the landlord may terminate for cause that is a material violation of the temporary occupancy agreement
- The temporary occupancy does not have the right to cure violation landlord cites.
- Landlord has the right to screen temporary occupant for past conduct or criminal record.
- Landlord may not screen for credit history or income.
- Can require temporary occupant to comply with any applicable rules, can include an end date, and landlord or tenant is not required to give written notice of termination.
- On termination of agreement, temporary occupant must vacate or is treated as a squatter.
- Tenant cannot become a temporary occupant in the tenant’s own dwelling unit.
- A tenancy may not consist solely of a temporary occupancy.
- Each tenancy must have at least one tenant.
Abandoned Property – Death of a Sole Tenant
In order to facilitate the transfer of property as a result of the death of a tenant who was the only tenant, now the following persons have the same rights and responsibilities regarding the abandoned dwelling as the tenant:
- An heir
- A devisee
- A personal representative (defined as a person named in a will or appointed by a court), or
- Any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant’s death
Abandoned Property of a Deceased Tenant who lived alone
- Landlord must mail notice first class to deceased tenant at premises.
- Landlord must mail notice first class or personally deliver notice to any known heir, devisee, personal representative or designated person if actually known to landlord.
- Landlord must mail notice first class to attention of estate administrator of Department of State Lands.
- Follow Standard abandoned property procedures.
- If neither the heir, devisee, personal representative nor Department of State Lands administrator responds according to abandoned property timeframe, landlord shall allow removal of personal property by the designated person of the tenant.
- Designated person would have to contact the landlord in that period and show “reasonable evidence” of their status
- Landlord following these provisions is not liable to another person that has a claim or interest in the personal property.
New Fee and Deposit Disclosure
- Landlord must now provide any applicant with a written list of all deposits, fees and rent that is charged by landlord.
- This list must be provided before applicant enters into a new rental agreement or the landlord accepts any payment form the applicant.
- List may be amended by both parties prior to entering into the rental agreement.
- The Rental Agreement must include at a minimum a description of the fees that the landlord may charge.
New Fee Regulations
The following is a breakdown of allowable fees that must be included in the written rental agreement for the authority to charge:
- Late Rent Payment Fee
- NSF Check Fee plus any bank charges
- Smoke alarm/carbon monoxide alarm tampering/removal fee
Lease-Break fee parameters
- Landlord may charge lease break fee but it is not to exceed 1.5 times the monthly stated rent.
- If lease break fee is assessed, landlord cannot additionally recover any unpaid rent or recover damages relating to the cost of renting the dwelling unit to a new tenant.
New Fee Regulations
Landlords will soon be prohibited from charging noncompliance fees in excess of $50.00 and will only be allowed to assess such a fee for the following types of noncompliance:
- Late payment of utility or service charge that the tenant owes the landlord.
- Failure to clean up pet waste from premises (other than dwelling unit).
- Failure to clean up garbage, rubbish, or other waste from from premises (other than dwelling unit).
- Parking violations
- Improper use of vehicles within the premises.
Current Customary Fees not Allowed
- Administrative fees.
- Move-in/move-out fees.
- Pet fees (pet deposits unaffected).
- Cleaning fees (cleaning deposits unaffected).
New Security Deposit Rules
- The landlord shall provide a tenant with a receipt for any security deposit paid by the tenant.
- A landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws.
- A landlord is not required to repair damage caused by the tenant in order to claim against the deposit for the cost to make the repair. Any labor costs assessed for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the performance of cleaning or repair work by the landlord.
New Carpet Cleaning Parameters
- Defaults and damages for which a landlord may recover from security deposit include but are not limited to:
- Carpet Cleaning, other than use of a common vacuum cleaner, IF:
- The cleaning is performed by use of machine specifically designed for cleaning or shampooing carpets.
- The carpet was cleaned immediately prior to the tenant taking possession.
- The written rental agreement provides that the landlord may deduct the cost of the carpet cleaning regardless of whether the tenant cleans the carpet before delivering possession.
- The loss of use of the dwelling unit during the performance of cleaning or necessary repairs if the cleaning or repairs are performed in a timely manner.
Required Disclosures in Rental Agreement –
HB 2614 – 100 year flood plain disclosure
- If dwelling unit in 100 year flood plain – Failure to disclose makes landlord liable for tenant damages if flood occurs
Carbon Monoxide Legislation
- The 2009 legislature passed HB 3450 mandating carbon monoxide alarm(s) to be installed in most residential housing.
- Effective 7/1/2010 installation of carbon monoxide alarm(s) will be required in dwelling units containing a carbon monoxide source or units located in a structure having a carbon monoxide source according to State Building Code and Fire Marshall Rules.
- A carbon monoxide source is defined as a heater, fireplace, appliance 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 with an opening directly into a living space.
- Tenant must test and replace batteries, can’t tamper-fee allowed.
Implementation
- After July 1, 2010 dwelling units with new tenancies must comply (turnovers).
- All existing dwelling units must comply after April 1, 2011
- State Fire Marshall will adopt rules establishing minimum standards for carbon monoxide alarms including design, inspection, testing, maintenance, and placement by July 1, 2010.
References
- Bennett, Jeffrey; Attorney at Law, “2009 Oregon Legislative Changes Affecting Landlords”. Retrieved 10/7/2009
- Hahs, Andrew; Attorney at Law, “Oregon Landlord-Tenant Law – 2009 New Legislation”. Retrieved 10/2009
