(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the Department of Environmental Quality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may require the removal and destruction of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

(b) The used solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025.

(3) This section does not apply to:

(a) Masonry heaters;

(b) Masonry fireplaces described in ORS 468A.485 (4)(b)(A); and

(c) Central, wood-fired furnaces described in ORS 468A.485 (4)(b)(E).

(4) The removal and destruction of a used solid fuel burning device under this section is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date of the sale of the residential structure.

(5) The person responsible for removal and destruction of a used solid fuel burning device under this section shall provide to the department written confirmation of the removal and destruction, pursuant to rules adopted by the commission.

(6) The failure of a seller or buyer of a residential structure to comply with this section does not invalidate an instrument of conveyance executed in the sale. [1991 c.752 §10c; 2009 c.387 §10]