Bill Details - HB290 (2019)

HB 290 - AS INTRODUCED

 

 

2019 SESSION

19-0732

08/10

 

HOUSE BILL 290

 

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

 

COMMITTEE: Science, Technology and Energy

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0732

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

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 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 wood stove 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 federal Environmental 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.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Science, Technology and Energy HJ 2 P. 44
Jan. 16, 2019 Public Hearing: 01/16/2019 02:30 pm LOB 304
Feb. 13, 2019 Executive Session: 02/13/2019 10:00 am LOB 304
Committee Report: Inexpedient to Legislate (Vote 10-9; RC)
Feb. 27, 2019 Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 10-9; RC) HC 13 P. 25
Feb. 28, 2019 Inexpedient to Legislate: MA RC 207-131 02/28/2019

Action Dates

Date Body Type
Jan. 16, 2019 House Hearing
Feb. 13, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB290 Revision: 4535 Date: Dec. 28, 2018, 10:23 a.m.