The inclusion of Form 2.13 Wood Stove Addendum is crucial in the sale agreement if the property has a wood stove. The Clean Air Act mandates the Environmental Protection Agency to establish performance standards for all stationary sources of air pollution, including residential wood heaters. In 1991, Oregon passed laws to reduce and prevent air pollution caused by “solid fuel burning devices.” However, this does not apply to cookstoves, antique stoves, pellet stoves, masonry heaters, fireplaces, and central wood-fired furnaces.
Under ORS 468A.505, the wood stove must be removed and destroyed unless it is certified by the EPA under 40 C.F.R. part 60, subpart AAA, or by DEQ. Certification is usually indicated by a small metal tag attached to the stove. If there is no tag, the seller must remove and destroy the stove before closing, unless the buyer agrees in writing to take on this responsibility. The stove must be completely destroyed so that it cannot be restored or reused as a heating device. Failure to comply may result in invalidation of homeowners insurance, delayed loans, or fines of up to $750.