2012 -- S 2085

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LC00710

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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 -- AIR POLLUTION

     Introduced By: Senators Jabour, Pinga, and Tassoni

     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. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby

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amended by adding thereto the following sections:

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     23-23-30.1. Findings of fact. – The general assembly hereby finds as follows:

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     (1) In 1988 the United States Environmental Protection Agency (EPA) adopted

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regulations requiring that wood burning stoves manufactured on or after July 1, 1988 be certified

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by the EPA to meet Phase I emission limits, and further requiring that all wood burning stoves

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produced on or after July 1, 1990 meet more stringent Phase II emission limits.

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     (2) Wood burning stoves emit smoke that is hazardous to human health. Studies have

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linked pollution from wood smoke to increased rates of cancer, lung and heart disease, asthma

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and allergies.

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     (3) EPA certified wood stoves emit seventy percent (70%) to ninety percent (90%) less

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particulate matter (smoke) than older model non-certified wood stoves.

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     (4) Older model wood burning stoves that are not EPA certified emit smoke to a degree

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that interferes with the enjoyment and quality of life in densely populated residential areas.

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     (5) EPA certified wood stoves are identifiable by a temporary label that indicates EPA

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certification, efficiency, heat output, and particulate emissions, and a permanent label that

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indicates EPA certification and the date of manufacture.

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     23-23-30.2. Definitions. – As used in sections 23-23-30.1 through 23-23-30.7, the

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following terms shall be construed as follows:

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     (1) "Certified wood stove" means a wood stove which has been certified by the United

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States Environmental Protection Agency to meet the Phase II emission limits for wood stoves

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manufactured on or after July 1, 1990, and to which a valid certification label has been affixed.

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     (2) "Fireplace" means any permanently installed masonry fireplace or any factory-built

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metal wood burning device designed to be used as an open combustion chamber without features

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to control the air to fuel ratio.

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     (3) "Residential area" means any area where a single unit or multiple unit dwellings exist,

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including nursing homes, assisted living facilities, and public housing.

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     (4) “Residential dwelling” includes private dwellings of one or more units, nursing

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homes, assisted living facilities, and public housing.

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     (5) "Use" includes the maintenance of a wood stove in an operable condition, connected

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to a chimney, stack, or flue, regardless of whether or not fuel is burned.

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     (6) "Wood" means all types of wood and wood products, including firewood, boards and

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wood pellets.

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     (7) "Wood stove" means any device other than a fireplace designed or intended by the

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manufacturer to burn wood inside a private residence which has a firebox volume less than

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twenty (20) cubic feet and weighs less than eight hundred (800) kilograms. “Wood stove” shall

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not include any heating device manufactured after July 1, 1990 that is specifically designed to

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burn wood pellet fuel with metered fuel and air feed, controlled combustion engineering, and that

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burns only wood pellet fuel.

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     23-23-30.3. Phase-out of wood stoves without EPA certification in densely populated

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residential areas. – (a) No wood stove shall be installed without having first obtained all

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required permits, including all permits as may be required under the Rhode Island State Building

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Code, under the Rhode Island Fire Safety Code, and under local ordinances and regulations.

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     (b) On or after January 1, 2013 no permit may be issued for the installation of, nor shall

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any person install or allow the installation of a wood stove that is not a certified wood stove in

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any residential dwelling or in any garage or structure ancillary thereto unless the chimney, stack,

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or flue through which the products of combustion pass is at least:

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     (1) Fifty feet (50') from any lot line; and

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     (2) Two hundred feet (200') from a residential dwelling of an abutting owner.

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     (c) No person shall operate, use, or allow the operation or use of a wood stove that has

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been installed in violation of this section.

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     (d) On or after January 1, 2013, no property owner shall sell, rent, or lease or offer to sell,

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rent, or lease any residential dwelling or any garage or structure ancillary thereto in which a wood

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stove other than a certified wood stove is installed unless the chimney, stack, or flue through

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which the products of combustion pass is at least:

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     (1) Fifty feet (50') from any lot line; and

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     (2) Two hundred feet (200') from a residential dwelling of an abutting owner.

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     (e) Except as provided in section 23-23-30.4 of this chapter, no person shall operate, use,

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or allow the operation or use of a wood stove other than a certified wood stove in any residential

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dwelling or in any garage or structure ancillary thereto on or after January 1, 2018 unless the

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chimney, stack, or flue through which the products of combustion pass is at least:

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     (1) Fifty feet (50’) from any lot line; and

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     (2) Two hundred feet (200’) from a residential dwelling of an abutting owner.

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     23-23-30.4. Financial hardship exemption. – Any person who purchased and installed a

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wood stove other than a certified wood stove in a residential dwelling prior to January 1, 2013,

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whose income, when combined with the income of all other members of his or her household, is

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less than two hundred fifty percent (250%) of the federal poverty level may continue to operate or

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use said wood stove after January 1, 2018 in any residential area, regardless of whether or not the

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chimney, stack, or flue through which the products of combustion pass is less than fifty feet (50')

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from any lot line or is less than two hundred feet (200') from a residential dwelling of an abutting

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owner.

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     23-23-30.5. Limitations on allowable fuels. – No person shall cause or allow any

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material to be burned in a wood stove that is not clean wood. “Clean wood” shall mean natural

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wood which has not been painted, varnished, or coated with a chemical or synthetic substance,

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has not been pressure treated with preservatives, and does not contain resins or glues as in

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plywood or other composite wood products. Clean wood shall include manufactured logs

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recommended by the manufacturer for burning in a wood stove. Clean wood shall not include

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driftwood.

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     23-23-30.6. Penalties. – Any person violating sections 23-23-30.3 or 23-23-30.5 of this

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chapter shall be subject to a fine not to exceed two hundred dollars ($200) for each violation.

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Each day during which a violation occurs or continues shall constitute a separate violation.

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     23-23-30.7. Enforcement. -- (a) The responsibility for the enforcement of sections 23-

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23-30.1 through 23-23-30.5 of this chapter shall be with the local municipal building inspector or

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such other local building official as a municipality may designate by ordinance.

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     (b) The local fire authority that performs smoke detector and carbon monoxide detector

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inspections in residential dwellings shall, at the time of inspection, also inspect any wood stove

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for an EPA certification label. The local fire authority observing any violation of sections 23-23-

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30.3 or 23-23-30.5 of this chapter shall issue a notice of violation to the homeowner and send a

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copy to the local building inspector or duly designated local building official. The homeowner

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shall inform any prospective purchaser of the violation prior to a closing by delivering a copy of

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the violation notice.

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     (c) The local building inspector or duly designated local building official shall, in

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response to a complaint or upon receipt of a notice of violation from the aforesaid local fire

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authority, investigate the complaint or the violation notice. The local building inspector or duly

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designated local building official shall serve a citation upon any person believed to be in violation

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of section 23-23-30.3 or 23-23-30.5 of this chapter. The citation shall describe the violation and

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shall direct the discontinuance or abatement of the violation. The citation shall be in writing and

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shall be served by regular mail and certified mail, or by posting a copy of the citation in a

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conspicuous place on or about the premises in violation. If the violation is not corrected within

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thirty (30) days after service, the local building inspector or duly designated local building

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official may ask legal counsel of the municipality to institute appropriate proceedings in a court

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of competent jurisdiction, including municipal courts, to enforce the provisions of this chapter.

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     23-23-30.8. Common law rights preserved. – The operation or use of a wood stove in

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any manner that creates a nuisance or interferes with the health, safety, or welfare of any person

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is prohibited. All public or private rights of action in nuisance, negligence, or otherwise are

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preserved.

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     SECTION 2. This act shall take effect upon passage.

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LC00710

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- AIR POLLUTION

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     This act would require the phase-out of wood stoves without EPA certification in densely

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populated residential areas.

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     This act would take effect upon passage.

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LC00710

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