2015 -- S 0207

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LC000150

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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: February 11, 2015

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 23.8

OUTDOOR WOOD-FIRED HYDRONIC HEATERS

     23-23.8-1. Purpose. -- The general assembly hereby finds and declares that outdoor

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

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

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

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

outdoor wood-fired hydronic heaters.

     23-23.8-2. Definitions. – The following words when used in this chapter shall have the

following meaning:

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

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

pentachlorophenol.

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

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

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

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

occupied by humans; and

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

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

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

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

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

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

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

     23-23.8-3. Seasonal prohibition and nuisance conditions. -- No person shall cause or

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

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

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

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

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

combination with others.

     23-23.8-4. Installations prohibited. -- Effective July 1, 2015, no person shall input,

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

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

as defined in this chapter.

     23-23.8-5. Manner of installation. -- (a) Effective July 1, 2015, no Phase II outdoor

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

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

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

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

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

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

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

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

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

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

the prevailing wind direction.

     23-23.8-6. Permitted fuels. -- (a) No fuel except the following shall be burned in an

outdoor wood-fired hydronic heater:

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     (1) Clean wood;

     (2) Wood pellets made from clean wood;

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

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

heater;

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

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

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

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

provisions of this chapter.

     23-23.8-7. Municipal ordinances. -- (a) Cities and towns shall have the authority to

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

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

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

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

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

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

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

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

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

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

hydronic heaters pursuant to subsection (a) of this section shall not be interpreted in a manner that

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

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

“Right to Farm Act.”

     23-23.8-8. Local enforcement. -- (a) The local building official shall administer and

enforce §§ 23-23.8-3 through 23-23.8-7 or any municipal ordinance enacted pursuant to this

chapter.

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

installation or use of an outdoor wood-fired hydronic heater in violation of §§ 23-23.8-1 through

23-23.8-7 or any municipal ordinance enacted pursuant to this chapter. The notice shall describe

the violation and shall direct the discontinuance or abatement of the violation. The notice shall be

in writing and shall be served by regular mail and certified mail, or 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

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

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

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

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

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

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

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

heater.

     23-23.8-9. Notice to buyers. -- (a) The distributor or seller of every new or used outdoor

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

notice containing the following:

     (1) An acknowledgment that the buyer was provided with a copy of chapter 23.8 of title

23;

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

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

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

chapter.

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

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

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

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

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

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

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

     23-23.8-10. State enforcement. -- The director or his or her designee shall promulgate

regulations to administer and enforce § 23-23.8-9.

     SECTION 2. This act shall take effect upon passage.

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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.

     This act would take effect upon passage.

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