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ORDINANCE NO. ?-Q'6u>
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE
CHAPTER 9.24 TO REQUIRE REMOVAL AND DISPOSAL OF
NON-CERTIFIED WOODSTOVES AND FIREPLACE INSERTS
UPON CONVEYANCE OF REAL PROPERTY, REQUIRING
DISCLOSURE AND REMOVAL CERTIFICATION
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.24.010 of the Ashland Municipal Code is amended to add the
following two new definitions lettered "A" and "c" and to re-Ietter the remaining definitions as
follows:
9.24.010 Definitions
For the purposes of this Chapter, the following definitions apply:
A. "Conveyance of Real Property" means the transfer of title to real property from one
person or entity to another by any transfer means whatsoever, including but not limited
to a transfer by deed, land sale contract, foreclosure, inheritance, bankruptcy or other
action at law. For purposes of this ordinance a long term lease of ten years or more,
with or without an option to purchase, shall be considered a conveyance of real property
under this ordinance. A revocable inter vivos (living) trust shall not be deemed a
conveyance.
B. "High pollution period" means a period of time commencing three hours after initial
designation as a red or yellow day by the Oregon Department of Environmental Quality
(further referred to in this chapter as DEQ) or the Jackson County Department of Health
and Human Services. In the event more than one consecutive days are designated as
red or yellow, they shall all be considered a part of the same period.
C. "Non-Certified Wood stove" or "Fireplace Insert" also referred to as "non-certified
device(s)", means a residential space heating device that has not been certified by either
the Oregon Department of Environmental Quality, (DEQ) or the U.S. Environmental
Protection Agency (EPA) as complying with smoke emission standards, such as those
referenced in the definition of Oregon Certified Stove below. For purposes of the
requirements of Section 9.24.055 below, "Non-Certified Woodstove" or "Fireplace
Insert" does not include:
1. Exempt Devices, meaning heating devices exempt from certification
requirements under the applicable Oregon or federal rules, including but not
limited to pellet stoves.
2. Cook Stoves, meaning indoor wood burning appliances the primary purpose
and design of which is to cook food.
3. Antique woodstoves, meaning a wood stove manufactured before 1940 with
ornate construction and a current market value substantially higher than a
common woodstove manufactured in the same time period.
4. Fireplaces not used for heating purposes.
SECTION 2. A new Section 9.24.055 is hereby added to the Ashland Municipal Code
and shall read as follows:
9.24.055 Removal and Disposal of Non-Certified Wood stoves and Fireplace Inserts.
Non-Certified Wood stove Fireplace Insert Removal
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A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal Code, for the
Conveyance of Real Property to occur for any real property located within the City of
Ashland in violation of the requirements of this Section, including specifically documented
compliance with the Disclosure, Removal/Disposal and Certification requirements set forth
herein. Notwithstanding the fine limitations of AMC Section 1.08.020, the fine for violation
of any provision of this Section shall be a minimum of $250.00 and a maximum of
$1000.00, excluding any required state and local assessments.
DISCLOSURE. The Seller of any real property located within the City of Ashland shall
disclose to potential buyers as part of the seller's written property disclosure for the
Conveyance of Real Property, the existence of any and all certified or non-certified
woodstoves, fireplaces and fireplace inserts. The disclosure to the buyer shall be
evidenced by a Disclosure Certificate executed by the seller with receipt acknowledged by
the buyer, with seller certifying under penalty of perjury and false swearing, whether any of
the wood stoves or fireplace inserts present on the real property are non-certified or
otherwise nonconforming as to use or applicable emission standards. The Disclosure
Certificate shall be executed prior to, or concurrent with closing, regardless of the manner
of closing of any real estate transaction, and prior to any transfer of title involving real
property located within the City of Ashland. Seller and Buyer shall use the standard
Disclosure Certificate form, attached as Appendix A, as such form may be revised from
time to time by Order of the City of Ashland Electric Department.
B. REMOVAL AND DISPOSAL. Except as otherwise provided for herein, all non-certified
wood stoves and fireplace inserts shall be permanently removed from buildings or
structures located on real property within the City of Ashland on or before the Conveyance
of Real Property containing such non-certified devices. If the seller has assumed
responsibility for removal, then such removal shall be completed on or before the closing
date or title transfer date of the real property, whichever occurs first. If the Buyer has
assumed responsibility for removal, or should the seller fail to remove the non-certified
device(s), for any reason whatsoever, then buyer shall complete the removal within thirty
(30) calendar days after closing or title transfer date, whichever is earlier. Proper disposal
of the non-certified device(s) shall be evidenced by a receipt from a DEQ regulated landfill
or a business licensed to recycle scrap metal. The removal of the non-certified device(s)
shall be evidenced by a Removal Certificate executed by the buyer, with buyer certifying,
under penalty of perjury and false swearing, that all non-certified devices referenced on the
Disclosure Certificate have been removed and properly disposed of as required in this
Section. The Removal Certificate shall be executed by buyer as early as possible after
removal and disposal but in no case more than thirty (30) days after closing or transfer of
title. Within thirty (30) days of the closing or transfer of title date, the buyer or buyer's
designee, shall submit a true copy of the executed and acknowledged Disclosure
Certificate and Removal Certificate and receipt for disposal to:
City of Ashland Conservation Division
Community Development Center
51 Winburn Way
Ashland, Oregon 97520
Buyer shall use the standard Removal Certificate form attached as Appendix B, as such
form may be revised from time to time by Order of the City of Ashland Electric Department.
SECTION 3. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the application
thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the
other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
Non-Certified Woodstove Fireplace Insert Removal
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SECTION 4. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word
"ordinance" may be changed to. "code", "article", "section", or another word, and the sections of
this Ordinance may be renumbered, or re-Iettered, provided however that Sections 3 thru 4,
unincorporated "Whereas clauses" and boilerplate provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the b day of ~ ' 2007, and duly
PASSED and ADOPTED this ;2~ day of ,2007.
~~~
Barbara Christensen, City Recorder
SIGNED and APPROVED this 23
day of ~~
,2007.
Non-Certified Wood stove Fireplace Insert Removal
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APPENDIX A
DISCLOSURE CERTIFICATE
NON-CERTIFIED WOODSTOVE IFIREPLACE INSERT
Real Property Address:
The undersigned Seller hereby discloses to the undersigned Buyer the presence of a
woodstove(s) or fireplace insert(s) located on the above-described real property. The
woodstove(s) or fireplace insert(s) is generally described as (make, model #):
The woodstove(s) or fireplace insert(s) is: D Certified or D Non-certified
Seller and the Buyer understand that the City of Ashland's Municipal Code Section
9.24.055 requires non-certified wood stoves or fireplace inserts be removed from buildings or
structures located on the above-described real property upon Conveyance of Real Property, as
defined by local ordinance; While generally in a real estate contract, the Seller will have
responsibility for the removal of the non-certified woodstoves or fireplace inserts, the Seller and
Buyer may agree in writing that the Buyer will assume responsibility for removal and proper
disposal of the non-certified devices pursuant to local ordinance. Notwithstanding any
contractual allocation of responsibility, in the event a Seller fails to remove such non-certified
devices for any reason whatsoever, the undersigned Buyer shall have the ultimate responsibility
to remove the non-certified devices within the time limits specified by local ordinance. The
responsibility for removing any non-certified wood stoves or fireplace inserts shall be:
D Responsibility of the Seller D Responsibility of the Buyer
The Seller and the Buyer also understand that this Disclosure Certificate must be
executed by the Seller and acknowledged by the Buyer prior to closing or transfer and delivered
to the City of Ashland with the executed Removal Certificate and receipt evidencing proper
disposal. Failure to comply with the Disclosure, Removal, Disposal and Certificate requirements
of AMC 9.24.055 is punishable by a fine of not less than $250.00 and not more than $1000 as
well as Court or Administrative proceedings to enforce the removal requirement.
Under penalty of Perjury and False Swearing, the undersigned Seller represents that he/she
has read the forgoing document and that the statements and certifications hereon are true and
correct.
Seller Dated
STATE OF OREGON )
)ss.
County of Jackson )
The forgoing instrument was acknowledged before me on , by
, who represents that he or she is the
owner of the above referenced property, or if the property is owned by an entity, represents that
he or she is duly authorized by the entity to represent the entity is the owner of the property.
Notary Public for
My Commission Expires:
The undersigned Buyer acknowledges receipt of the Disclosure Certificate and acknowledges
Buyer's ultimate responsibilities for removal of non-certified devices under AMC 9.24.055.
Buyer
Dated
Non-Certified Wood stove Fireplace Insert Removal
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APPENDIX B
REMOVAL CERTIFICATE
NON-CERTIFIED WOODSTOVE/FIREPLACE INSERT
Real Property Address:
The undersigned Owner of the above-referenced real property hereby certifies and declares that
all non-certified wood stoves and fireplace inserts, including those specifically identified on the
attached Disclosure Certificate, have been permanently removed from the buildings and
structures on the above-referenced real property, said devices have been properly disposed of,
as evidenced by the attached disposal receipt, and such devices shall not be replaced except
with Oregon certified devices.
I, the undersigned Owner, hereby declare under penalty of
perjury and false swearing that I have read the foregoing document and that the statements
hereon are true and correct.
Dated
Owner
STATE OF OREGON )
)ss.
County of Jackson )
The forgoing instrument was acknowledged before me on , by
, who represents that he or she is the
owner of the above referenced property, or if the property is owned by an entity, represents that
he or she is duly authorized by the entity to represent the entity is the owner of the property.
Notary Public for
My Commission Expires:
Non-Certified Wood stove Fireplace Insert Removal
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