2012 -- S 2082

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LC00487

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

     Introduced By: Senator William A. Walaska

     Date Introduced: January 18, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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     CHAPTER 23.7

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OUTDOOR WOOD-FIRED HYDRONIC HEATERS

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

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

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

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

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

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outdoor wood-fired hydronic heaters.

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

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following meaning:

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

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

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pentachlorophenol.

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

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

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

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

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occupied by humans; and

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

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

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

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

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

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

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

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

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or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic

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or duration that are injurious to human, plant or animal life or to property, or that unreasonably

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interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of

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specific air quality standards or emission limits, this prohibition applies, but is not limited to, any

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particulate, fume, gas, mist, odor, smoke, vapor, toxic, or deleterious emission, either alone or in

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combination with others.

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     23-23.7-4. Installations prohibited. -- (a) Effective July 1, 2012, no person shall input,

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supply, distribute or sell, install or allow the installation of an outdoor wood-fired hydronic heater

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that does not comply with the emissions standard for Phase II outdoor wood-fired hydronic heater

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as defined in this chapter.

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     23-23.7-5. Manner of installation. -- (a) Effective July 1, 2012, no Phase II outdoor

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wood-fired hydronic heater shall be installed by any party other than a person registered with the

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contractors registration board and licensed to install an outdoor wood-fired hydronic heater.

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

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

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

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

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

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

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

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

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prevailing wind direction.

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

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outdoor wood-fired hydronic heater:

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     (1) Clean wood;

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     (2) Wood pellets made from clean wood;

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

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

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heater;

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

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

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

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

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provisions of this chapter.

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

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

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

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

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

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

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

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

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

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

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     (d) The broad discretion vested in the municipalities to prohibit outdoor wood-fired

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hydronic heaters pursuant to subsection 23-23.7-7(a) shall not be interpreted in a manner that

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would permit the adoption and enforcement of municipal ordinances that would interfere with

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recognized agricultural operations that are currently protected pursuant to subsection 2-23-4(a) of

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the “Right to Farm Act.”

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

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

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pursuant to this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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heater.

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

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

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notice containing the following:

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

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

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

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

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chapter.

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

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

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

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

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

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC00487

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

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

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     This act would take effect upon passage.

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LC00487

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