REALTORS® hailed recent news that Bay Area Air Quality Management District (BAAQMD) staff will propose withdrawing a controversial proposal to ban fireplaces at the point of sale. The original proposal would have required anyone selling their home to upgrade all fireplaces to an Environmental Protection Agency (EPA)-certified wood burning device, gas or electric, or remove the fireplace entirely before a home is sold or rented.
Last spring, the Air Quality District put forward the proposal to reduce winter time air pollution. The ordinance, if adopted by the BAAQMD Board of Directors, would have taken effect November 1, 2016.
"We are pleased that the Air Quality District listened to our concerns and decided not to pursue this route. The implementation of the original proposal would be complicated, costly, ineffective, overreaching and intrusive to residents," said Chris Isaacson, president of the Silicon Valley Association of REALTORS®.
REALTORS® said upgrading or replacing fireplaces with EPA-certified heating devices runs in the tens of thousands of dollars, depending on the nature of the fireplace. They also contended the proposed rule would not correct the problem of air pollution, since there is no evidence that the people buying or renting a home would violate "Spare the Air" restriction, or ever burn wood.
The Silicon Valley Association of REALTORS® and other Bay Area REALTOR® associations, as well as coalition partners, fought the proposed ordinance. The REALTORS® met one-on-one with BAAQMD staff to explain how detrimental this ordinance would be to the housing industry. The Air Quality District scheduled nine public meetings, one in each county. Much of the public comment received was overwhelmingly against the proposal.
BAAQMD recently released a revised proposal which eliminates the point-of-sale requirement. In its place, BAAQMD staff will ask the BAAQMD Board of Directors to approve a mandatory disclosure for all home sales on the dangers of wood-burning smoke. If this disclosure is adopted, it will be incorporated into the local trade association's PRDS residential disclosure forms available to its REALTOR® members.
"We cannot over-emphasize the impact such a rule would have on the Silicon Valley housing market. What little it does to reduce winter time air pollution does not warrant the substantial difficulty it would cause for people who are trying to sell their homes," said Isaacson.
REALTORS® suggested other approaches to improving air quality, such as increasing Spare the Air days and stepping up their enforcement. The Air Quality District could also provide incentives to homeowners who install the suggested gas-fueled, electric or EPA-certified heating devices.
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
For further information, please email or call the SILVAR office at (408) 200-0100.