HB307 (2013) Detail

Relative to the removal of certain wood stoves upon the sale of a home and notification of such removal to the department of environmental services.


HB 307 – AS INTRODUCED

2013 SESSION

13-0675

08/03

HOUSE BILL 307

AN ACT relative to the removal of certain wood stoves upon the sale of a home and notification of such removal to the department of environmental services.

SPONSORS: Rep. P. Schmidt, Straf 19; Rep. Cali-Pitts, Rock 30; Rep. Chase, Ches 8

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill requires the removal of certain wood stoves upon the sale of a home and notification of such removal to the department of environmental services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0675

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the removal of certain wood stoves upon the sale of a home and notification of such removal to the department of environmental services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Notification Required; Wood Stove Removal. Amend RSA 477-h by inserting after section 4-h the following new section:

477:4-i Notification Required; Wood Stove Removal.

I. In this section, “wood stove” means a wood burning appliance designed for space heating purposes which does not operate as a central heating system or as a sole source of heat. Wood stove shall not include:

(a) A wood stove built before 1940 that has an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period.

(b) An indoor, wood-fired furnace that is thermostatically controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is connected to heating ductwork for the entire residential structure.

(c) A site-built or site-assembled, solid fueled heating device constructed of structural masonry mass used to store heat from intermittent fires burned rapidly in the structure’s firebox and slow release the heat to the site. Such solid-fueled heating device must meet the design and construction specifications set forth in ASTM E 1602-03, “Guide for Construction of Solid Fuel Burning Masonry Heaters.”

II. All wood stoves which are not certified for sale as new after July 1, 1986 by the Government Protection Agency shall be removed and destroyed upon the sale of a home if the home is in an area that has been designated as densely populated by the commissioner of the department of environmental services in rules adopted under RSA 541-A and posted at the registry of deeds. The removal and destruction of a wood stove shall be the responsibility of the seller of the home unless the buyer and seller agree in writing that the responsibility shall be the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the wood stove prior to the closing date of the sale of the property. If the buyer accepts responsibility, the buyer shall remove and destroy the wood stove within 30 days after the closing date of the sale if the home.

III. The party responsible for the removal and destruction of a wood stove under paragraph II shall provide to the commissioner of the department of environmental services on forms provided by the department of environmental services written confirmation of the removal and destruction of the wood stove. Failure to comply with this section shall not invalidate an instrument of conveyance executed in the sale.

2 Effective Date. This act shall take effect 60 days after its passage.