1. (1) The state building code under ORS 455.010 shall prohibit installations of used solid fuel burning devices, except devices that were certified for sale as new:

   1. (a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or
   2. (b) By the Department of Environmental Quality pursuant to ORS 468A.465.

2. (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 prohibit the installation of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:

   1. (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
   2. (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.

[1991 c.752 §10a; 2009 c.387 §8]