2010 Feb.: RI: House contacts to make public comment about OWB Statewide Regulation Bill H7064

February 09

2010 Feb.: RI: House contacts to make public comment about OWB Statewide Regulation Bill H7064

Rep. Douglas W. Gablinske   401) 253-5523   rep-gablinske@rilin.state.ri.us <rep-gablinske@rilin.state.ri.us>
 
Rep. Raymond E. Gallison, Jr.   (508) 677-4235   rep-gallison@rilin.state.ri.us <rep-gallison@rilin.state.ri.us>
 
Rep. Arthur Handy   (401) 253-5523   rep-handy@rilin.state.ri.us <rep-handy@rilin.state.ri.us>
 
Rep. Jan Malik  (401) 247-1271  rep-malik@rilin.state.ri.us <rep-malik@rilin.state.ri.us>
 
Rep. Joseph M. McNamara  (401) 941-8319    rep-mcnamara@rilin.state.ri.us <rep-mcnamara@rilin.state.ri.us>

2010 FEb.: Rhode Island: H7064 OWB RI Statewide Law: House Environment and Natural Resources Committee recommended measure be held for further study: Contact Gallison, Gablinske, McNamara, Malik, Handy

House Bill  No.7064  
BY  Gallison, Gablinske, McNamara, Malik, Handy
ENTITLED, AN ACT RELATING TO HEALTH AND SAFETY – OUTDOOR WOOD-FIRED HYDRONIC HEATERS
(would regulate the sale and installation of outdoor wood-fired hydronic heaters)
{LC64/1}
01/12/2010 Introduced, referred to House Environment and Natural Resources
01/20/2010 Scheduled for hearing and/or consideration
01/20/2010 Committee postponed at request of sponsor
02/04/2010 Scheduled for hearing
02/04/2010 Committee recommended measure be held for further study

2010 Feb.: Rhode Island: H7064 Rhode Island Statewide OWB regulation

2010 — H 7064

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LC00064

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S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

____________

A N A C T

RELATING TO HEALTH AND SAFETY – OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

Introduced By: Representatives Gallison, Gablinske, McNamara, Malik, and Handy

Date Introduced: January 12, 2010

Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1 SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

2 amended by adding thereto the following chapter:

3 CHAPTER 23.7

4

OUTDOOR WOOD-FIRED HYDRONIC HEATERS

5

23-23.7-1. Purpose. — The general assembly hereby finds and declares that outdoor

6

wood-fired hydronic heaters, also known as outdoor wood-burning boilers or outdoor wood

7

boilers, are a recognized source of air pollution. Unregulated emissions from outdoor wood

8

heaters are known to have adverse health effects on the heart and lungs. The purpose of this

9

chapter is to protect the public health, safety and welfare by reducing air pollution caused by

10

outdoor wood-fired hydronic heaters.

11

23-23.7-2. Definitions. – The following words when used in this chapter shall have the

12

following meaning:

13

(1) "Clean wood" means wood that has not been painted, stained, coated, preserved, or

14

treated with chemicals, including, but not limited to, copper chromium arsenate, creosote, and

15

pentachlorophenol.

16

(2) "Director" means the director of the department of environmental management.

17

(3) "Outdoor wood-fired hydronic heater" means a device:

18

(i) designed to burn wood or other solid fuels;

2

1

(ii) That the manufacturer specifies for outdoor installation or in structures not normally

2

occupied by humans; and

3

(iii) That heats building space and/or water through distribution through pipes of a fluid,

4

typically water or a mixture of water and antifreeze, heated by the device.

5

(4) "Phase II outdoor wood-fired hydronic heater" means an outdoor wood-fired hydronic

6

heater that has been certified or qualified by the U.S. Environment Protection Agency (EPA) as

7

meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units

8

(BTUs) output and is labeled accordingly, and does not on any individual test run exceed fifteen

9

(15) grams per hour within each of the test rate categories.

10

23-23.7-3. Seasonal prohibition and nuisance conditions. — (a) No person shall operate

11

an outdoor wood-fired hydronic heater between the first (1st) day of April and the fifteenth (15th)

12

day of October, both inclusive, in any year.

13

(b) No person shall cause or allow emissions of air contaminants to the outdoor

14

atmosphere of such quantity, characteristic or duration that are injurious to human, plant or

15

animal life or to property, or that unreasonably interfere with the comfortable enjoyment of life or

16

property. Notwithstanding the existence of specific air quality standards or emission limits, this

17

prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor,

18

toxic, or deleterious emission, either alone or in combination with others.

19

23-23.7-4. Installations prohibited. — (a) Effective July 1, 2010, no person shall install

20

an outdoor wood-fired hydronic heater that does not comply with the emission standards as

21

defined in this chapter.

22

23-23.7-5. Manner of installation. — (a) Effective July 1, 2010, no person shall install a

23

Phase II outdoor wood-fired hydronic heater unless it is installed at least one hundred feet (100′)

24

from the nearest property line and has a permanent attached stack that is at least two feet (2′)

25

higher than the peak of the roof of the building served by the outdoor wood-fired hydronic heater

26

and the peak of the roof of every other building within three hundred feet (300′) of the outdoor

27

wood-fired hydronic heater.

28

(b) Only persons registered with the contractors registration board and licensed to install

29

an outdoor wood-fired hydronic heater may install an outdoor wood-fired hydronic heater.

30

(c) No outdoor wood-fired hydronic heater may be used as a primary heat source for any

31

residence and/or commercial structure.

32

(d) All existing and installed outdoor wood-fired hydronic heaters that do not meet the

33

emission standards as set forth above and shall have a set back of five hundred feet (500′) from

34

any property line along with a stack height of two feet (2′) above the peak of the nearest

3

1

structure.

2

(e) A written application shall be submitted to the municipal building official before a

3

building permit is issued. The application must show compliance with all applicable state and

4

local building codes and local zoning ordinances, and must include a site plan prepared by a

5

licensed land surveyor or professional engineer showing both the vertical and horizontal control

6

measurements required by this chapter, indicating proposed boiler location in relation to all

7

buildings on site and all neighboring residences on all abutting properties showing their structures

8

and swimming pools together with distances to all roads adjacent to the proposed site, and

9

distances from the boiler to woods, brush, and flammable structures. The plan must include the

10

prevailing wind direction.

11

23-23.7-6. Permitted fuels. — (a) No fuel except the following shall be burned in a

12

outdoor wood-fired hydronic heater:

13

(1) Clean wood;

14

(2) Wood pellets made from clean wood;

15

(3) Home heating oil, natural gas, or propane that complies with all applicable sulfur

16

limits and is used as a starter or supplemental fuel for a dual-fired outdoor wood-fired hydronic

17

heater;

18

(4) Any other fuel approved by the director pursuant to duly-promulgated regulations.

19

(b) Outdoor wood-fired hydronic heaters specifically designed to burn wood pellet fuel

20

with metered fuel and air feed and controlled combustion engineering that are operated according

21

to manufacturer’s specifications and that burn only wood pellet fuel shall be exempt from the

22

provisions of this chapter 23-23.7.

23

23-23.7-7. Municipal ordinances. — (a) Cities and towns shall have the authority to

24

enact and enforce ordinances that prohibit the installation or use of outdoor wood-fired hydronic

25

heaters in one or more zoning districts. Such ordinances may incorporate, by reference, the city or

26

town zoning map adopted pursuant to title 45, chapter 24. Such ordinances may establish setbacks

27

and stack heights that are more restrictive than those established by this chapter.

28

(b) Cities and towns shall not have the authority to establish quantifiable emission limits,

29

require testing, monitoring, or certification, or specify the types of fuels used; provided, that cities

30

and towns may enact and enforce ordinances that address the use of permitted and/or prohibited

31

fuels in a manner consistent with the provisions of this chapter 23-23.7.

32

(c) The provisions of this chapter shall be considered minimum provisions.

33

23-23.7-8. Local enforcement. — (a) The local building official shall administer and

34

enforce sections 23-23.7-3 through 23-23.7-7 of this chapter or any municipal ordinance enacted

4

1

pursuant to this chapter.

2

(b) The building official shall serve a notice of violation on the person responsible for the

3

installation or use of an outdoor wood-fired hydronic heater in violation of sections 23-23.7-1

4

through 23-23.7-7 of this chapter or any municipal ordinance enacted pursuant to this chapter.

5

The notice shall describe the violation and shall direct the discontinuance or abatement of the

6

violation. The notice shall be in writing and shall be served by regular mail and certified mail, or

7

by posting a copy of the notice in a conspicuous place on or about the premises in violation.

8

(c) If the violation is not corrected within thirty (30) days after service, the building

9

official may ask legal counsel of the municipality to institute the appropriate proceeding at law or

10

in equity in a court of competent jurisdiction, including municipal courts, to restrain, correct, or

11

abate the violation or to require the removal of the outdoor wood-fired hydronic heater.

12

(d) Violations shall be punished by a fine of not more than five hundred dollars ($500)

13

for each violation. Each day during which any portion of a violation continues shall constitute a

14

separate offense. The imposition of a fine shall not preclude the building official from instituting

15

appropriate action to prevent unlawful installation or use of an outdoor wood-fired hydronic

16

heater.

17

23-23.7-9. Notice to buyers. — (a) The distributor or seller of every new or used outdoor

18

wood-fired hydronic heater shall provide each prospective buyer with a copy of this chapter and a

19

notice containing the following:

20

(1) An acknowledgment that the buyer was provided with a copy of title 23, chapter 23.7;

21

(2) A list of permitted and, if applicable prohibited fuels; and

22

(3) A statement that the municipality where the outdoor wood-fired hydronic heater will

23

be installed may impose more stringent limitations on installation than those contained in this

24

chapter.

25

(b) The buyer and the seller or distributor shall sign and date the notice when the sale is

26

completed. The name and address of the buyer, name of the manufacturer, and model and date of

27

manufacture of the outdoor wood-fired hydronic heater shall be included in the completed notice.

28

(c) The distributor or seller shall keep on file a copy of each signed notice for at least

29

three (3) years from the date of sale. The distributor or seller shall make each notice available for

30

inspection or copying by the municipal official responsible for administration of this chapter or

31

his or her designee, or by the director or his or her designee.

32

23-23.7-10. State enforcement. — (a) The director or his or her designee shall

33

promulgate regulations to administer and enforce sections 23-23.7-9 of this chapter.

34

5

1 SECTION 2. This act shall take effect upon passage.

2

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LC00064

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6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY – OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

***

1 This act would regulate the sale and installation of outdoor wood-fired hydronic heaters.

2 This act would take effect upon passage.

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LC00064

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