2013 -- S 0121

=======

LC00412

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO HEALTH AND SAFETY - OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

     Introduced By: Senators Walaska, and McCaffrey

     Date Introduced: January 24, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

1-1

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

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 23.7

1-4

OUTDOOR WOOD-FIRED HYDRONIC HEATERS

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

outdoor wood-fired hydronic heaters.

1-11

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

1-12

following meaning:

1-13

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

1-14

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

1-15

pentachlorophenol.

1-16

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

1-17

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

1-18

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

2-19

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

2-20

occupied by humans; and

2-21

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

2-22

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

2-23

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

2-24

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

2-25

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

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

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

2-32

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

2-33

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

2-34

combination with others.

2-35

     23-23.7-4. Installations prohibited. -- (a) Effective July 1, 2013, no person shall input,

2-36

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

2-37

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

2-38

as defined in this chapter.

2-39

     23-23.7-5. Manner of installation. -- (a) Effective July 1, 2013, no Phase II outdoor

2-40

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

2-41

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

2-42

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

2-43

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

2-44

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

2-45

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

2-46

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

2-47

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

2-48

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

2-49

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

2-50

prevailing wind direction.

2-51

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

2-52

outdoor wood-fired hydronic heater:

3-53

     (1) Clean wood;

3-54

     (2) Wood pellets made from clean wood;

3-55

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

3-56

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

3-57

heater;

3-58

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

3-59

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

3-60

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

3-61

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

3-62

provisions of this chapter.

3-63

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

3-64

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

3-65

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

3-66

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

3-67

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

3-68

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

3-69

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

3-70

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

3-71

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

3-72

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

3-73

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

3-74

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

3-75

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

3-76

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

3-77

the “Right to Farm Act.”

3-78

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

3-79

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

3-80

pursuant to this chapter.

3-81

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

3-82

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

3-83

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

3-84

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

3-85

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

3-86

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

4-87

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

4-88

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

4-89

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

4-90

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

4-91

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

4-92

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

4-93

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

4-94

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

4-95

heater.

4-96

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

4-97

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

4-98

notice containing the following:

4-99

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

4-100

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

4-101

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

4-102

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

4-103

chapter.

4-104

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

4-105

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

4-106

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

4-107

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

4-108

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

4-109

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

4-110

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

4-111

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

4-112

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

4-113

     SECTION 2. This act shall take effect upon passage.

=======

LC00412

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - OUTDOOR WOOD-FIRED HYDRONIC

HEATERS

***

5-1

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

5-2

     This act would take effect upon passage.

=======

LC00412

=======