Oregon Woodstove Removal When You Sell a Home

Selling a house in Salem, or anywhere in Oregon, that has an old woodstove or fireplace insert? If the stove isn't certified by Oregon DEQ or the U.S. EPA, state rules require it to be removed and destroyed when the home is sold, with a disposal receipt and a notice to DEQ. Here's how the rule works, in plain English, and where asbestos can come into it.

We're not a contractor. We don't remove, haul or destroy stoves, and we don't test or remove asbestos. If you want an older stove setup checked for asbestos before anyone pulls it out, we can connect you with an independent, licensed local asbestos professional. This page is general information, not legal advice; for your specific sale, check with DEQ.

The rule: OAR 340-262-0700

Under OAR 340-262-0700(1), when a residential structure is sold in Oregon, every used solid fuel burning device on the property must be removed and destroyed if it wasn't certified for sale as new by DEQ or EPA and isn't permanently labeled as certified. DEQ runs this through its Heat Smart program, and the legislature passed the law in 2009 to cut unhealthy wood smoke (DEQ FAQ).

• What counts: woodstoves and fireplace inserts, along with other devices that burn wood, coal or other solid fuel for looks, space heating or water heating (DEQ fact sheet).
• Everywhere on the property: devices in the house, garage, workshop, outbuildings or any other structure sold with the home (OAR 340-262-0700(3)(a)).
• A refinance isn't a sale. DEQ says the rule isn't triggered by a refinance with no change in ownership (DEQ FAQ).

How to tell if a stove is certified

DEQ says to look on the back of the stove or insert for an Oregon DEQ or EPA certification label. A UL safety label isn't an emissions certification, and a stove can't be certified after the fact: certification happens when the model is manufactured (DEQ FAQ). Certified, labeled stoves can stay in the home.

Exempt devices

The rule lists these as exempt from removal (OAR 340-262-0700(4)):

• Fireplaces
• Cookstoves
• Antique woodstoves (DEQ: built before 1940, ornate, and worth substantially more than a common stove from the same period)
• Pellet stoves
• Masonry heaters
• Central wood-fired furnaces
• Saunas

Who's responsible, and by when

DEQ says you can remove and destroy the stove yourself or hire someone to do it (DEQ FAQ). If you hire a contractor for the work, check their license on the CCB license search.

The steps: remove, destroy, get a receipt, notify DEQ

1. Remove every uncertified device on the property (OAR 340-262-0700(3)(a)).
2. Destroy it by taking it to a facility or business that will make it unusable as a heater ((3)(b)). DEQ considers a stove destroyed when it can't be restored or reused, and recommends removing the door and hinges and cutting holes at least four inches across in the top and sides. DEQ recommends a scrap metal dealer or recycler (DEQ FAQ) and publishes a list of possible disposal sites; there are no required "DEQ-approved" facilities. It's illegal to sell, offer to sell or give away an uncertified stove.
3. Get a disposal receipt. The rule says it must show the date of delivery, the name and address of the place of destruction, and a description of every device delivered ((3)(c)). You don't send the receipt to DEQ, but you'll need its details for the notice (DEQ).
4. Notify DEQ on DEQ's paper or online form ((3)(d)). The form asks for the remover's name, mailing address and phone; the property address and tax lot number; the closing date (or estimated closing date if the seller is responsible); the receipt information; and a signed statement that the information is accurate. Home sellers and buyers can use DEQ's online Heat Smart form; there's a separate option for a stove remover or contractor filing for a client.
5. Keep the confirmation. DEQ sends a confirmation number right away. Print and keep it, since you may be asked for it at closing (DEQ; DEQ FAQ).

Where asbestos comes in

DEQ's list of materials that may contain asbestos includes gaskets on furnaces, boilers and woodstoves and furnace cement as friable materials, and cement asbestos board (Transite) as a nonfriable one that can become friable if it's broken or cut. Older stove installations can include any of these. You can't tell by looking; a lab has to test a sample.

• If the stove's gaskets or surrounding materials might contain asbestos, consider having them tested before anyone cuts, breaks or hauls them. EPA recommends that a trained professional take samples (EPA).
• If pulling the stove means opening a wall, chimney chase or hearth in a home built before Jan. 1, 2004, and you're hiring someone for the work, Oregon's asbestos survey rule may apply. See asbestos testing and surveys and Oregon asbestos rules.
• Any asbestos waste has its own packaging and disposal rules, separate from the stove itself. See asbestos removal.

Want an independent, licensed asbestos professional to check an old stove setup before it comes out? Use the form below and choose "Testing one material" or "Not sure yet / other." We pass it to one pro who serves your ZIP code; they give you their own estimate.

Questions about the Heat Smart rule itself go to DEQ's Heat Smart program; contact details are on DEQ's Heat Smart page.