Point of Sale/Transfer Requirement for Free-Standing Wood Stoves
In 2007, the Placer County Air Pollution Control District amended Rule 225, Wood Burning Appliances to include Section 303, Sale or Transfer of Real Property. Section 303 prohibits the sale of residential and commercial property that includes a non-EPA Phase II Certified free-standing wood stove, beginning January 1, 2012. It also requires a seller of such property, to disclose to the buyer the point of sale/transfer requirement and how compliance with Section 303 will be achieved. If a property to be sold or transferred includes a non-Certified free standing wood stove (inserts and fireplaces are exempt), then the wood stove must be rendered inoperable prior to the sale/transfer. In order to determine how this affects you and to determine if your stove is already compliant, follow the process outlined below, under “getting started.”
- Fireplaces, dedicated cook stoves, inserts, and gas and pellet stoves are exempt from the requirements of Section 303.
- Free standing non-certified wood stoves need not be removed or replaced, solely rendered inoperable.
- Both the seller and buyer of property, which includes one or more free standing wood stoves, are subject to the requirements of Section 303.
- The requirements of Section 303 begin January 1, 2012.
It is illegal to sell or install a non-EPA Phase II stove within Placer County.
1. Know what is required. The procedure manual addresses the requirements of Section 303 and summarizes the method of compliance:
- The Background of Rule 225, Wood Burning Appliances
- The Process of Disclosure and what is required of a Seller and Buyer
- How to Identify if a Wood Stove is EPA Phase II Certified
- Methods of Approved Wood Stove Destruction
- District Assistance during Escrow
- Contact Information
- Related Links
- Wood Stove Statement of Compliance Disclosure at Point of Property Sale/Transfer Form
To download the procedure manual, click here.
2. Fill out and submit the real estate disclosure form to the District. A real estate disclosure form is provided at the end of the procedure manual. This form is to be filled out and signed both by the seller and the buyer of property. Options are listed on the form so that both parties can choose what method will be used in order to comply with Section 303. Once the form is filled out, the seller is required to submit it, to the District, prior to the close of escrow. If the seller is not able to participate in the point of sale/transfer compliance process (for example, due to foreclosure) then the buyer will be responsible for submitting the disclosure form to the District and for meeting the compliance requirements. The buyer will have up to 30 days after the close of escrow to do this. The procedure manual, accessed above, outlines the process of disclosure in greater detail.
To download just the disclosure form, click here.
3. Render any existing non-certified free standing wood stoves inoperable. If there is a non-certified free standing wood stove present at point of property sale/transfer, then it must be rendered inoperable. The procedure manual outlines the approved methods of wood stove destruction.
Fireplaces, inserts, cook stoves, gas and pellet stoves are exempt from this requirement.
A failure to disclose and meet the requirements of Section 303 may result in a financial penalty.
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