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As used in this chapter:

“Conveyance of real property” means transfer of title of real property from one person or entity to another, including but not limited to transfer by earnest money agreement, purchase agreement, land sale contract, inheritance, bankruptcy or action of law. A lease of real property (including any lease options or extensions) for a term of 10 or more years shall be considered a conveyance of real property under this chapter. A revocable inter vivos trust (living trust) created for the purpose of holding ownership to an individual’s assets during the person’s lifetime, and for distributing those assets after death to minimize taxes or avoid probate (or both), shall not be considered a conveyance of real property hereunder. The term “transfer of title” shall otherwise be liberally construed in favor of a transfer.

“High pollution period” means a period of time commencing three hours after initial designation as a red or yellow day by the Oregon Department of Environmental Quality (hereinafter referred to as DEQ) or the Jackson County department of health and human services. In the event more than one consecutive day is designated as red or yellow, they shall all be considered a part of the same period.

“Noncertified wood stove or fireplace insert” means a residential space heating device that has not been certified by either the state of Oregon Department of Environmental Quality or the federal Environmental Protection Agency as complying with smoke emission standards. “Noncertified wood stove or fireplace insert” does not include:

1. Devices exempt from certification requirements such as pellet stoves (a wood burning heating appliance which uses wood pellets as its primary source of fuel);

2. Cook stoves (an indoor wood burning appliance the design and primary purpose of which is to cook food);

3. Antique wood stoves (wood stoves built before 1940 that have ornate construction and current market value substantially higher than common wood stoves manufactured in the same time period) and fireplaces that are not being used for heating purposes.

“Opacity” means the degree to which emissions from a solid fuel burning device reduce the transmission of light and obscure the view of an object in the background. It is expressed as a percentage representing the extent to which an object viewed through the smoke is obscured.

“Oregon certified stove” means a solid fuel burning device certified by DEQ as meeting the emission performance standards specified in OAR Division 262.

“PM10” means airborne particles ranging from 0.01 to 10 microns in size; “PM2.5” means airborne particles ranging from 0.01 to 2.5 microns in size, the breathing of which can be harmful to the human respiratory system.

“Red and yellow wood stove curtailment days” means a 24-hour period beginning at 7:00 a.m. when fine particulate levels are forecast by the DEQ or the Jackson County department of health and human services to possibly approach or exceed federal particulate standards.

“Residence” means a building containing one or more dwelling units used for habitation by one or more persons.

“Residential wood burning” means utilization of wood in a solid fuel heating device inside a residence.

“Sole source of heat” means one or more solid fuel burning devices which constitute the only source of heating in a residence. No solid fuel burning device or devices shall be considered to be the sole source of heat if the residence is equipped with a permanently installed furnace or heating system utilizing oil, natural gas, electricity, or propane.

“Solid fuel burning device” means a device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes, without limitation, solid fuel burning stoves, fireplaces, fireplace inserts, or wood stoves of any nature, combination fuel furnaces or boilers used for space heating which can burn solid fuel, or solid fuel burning cooking stoves. Solid fuel burning devices do not include barbecue devices, natural gas-fired artificial fireplace logs, DEQ approved pellet stoves, or kachelofens.

“Space heating” means raising the interior temperature of a room.

“Structure” has the same meaning provided in TMC Title 18. [Ord. 909 § 1, 2016; Ord. 804 § 1; Ord. 635 § 1.]