Do Non-Certified Woodstoves in Outbuildings Need to Be Removed?

Q: I’m preparing to list a property with a certified woodstove in the house and a non-certified woodstove in a shop. Does the shop’s stove need to be removed since it’s not in the house? And, should I have the seller complete two of the OREF 046 – Wood Stove and Wood Burning Fireplace Insert Addenda?

A: The Oregon DEQ rules require the removal of all uncertified devices from a property prior to the closing of residential properties. These uncertified devices must be removed from the home and the entire property, including outbuildings, garages, and shops.

To keep things simple, the Seller could opt to remove the uncertified stove before marketing the property. Otherwise, yes, the seller will need to complete two of the OREF 046 – Wood Stove and Wood Burning Fireplace Insert Addenda – one identifying the stove in the home as certified and one identifying the stove in the shop as uncertified. As a reminder, it is the seller’s responsibility to promptly deliver these forms to the buyer. And yes, the one in the shop will need to be removed prior to closing by the seller, unless the buyer agrees to remove it after closing by initialing on the Wood Stove and Wood Burning Fireplace Insert addendum. Additional information can be found in the Oregon DEQ’s Wood Stove FAQ.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.