2015 -- H 5672

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LC001195

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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 HEALTH AND SAFETY -- AIR POLLUTION

     

     Introduced By: Representatives Handy, Williams, Morin, Maldonado, and Ajello

     Date Introduced: February 26, 2015

     Referred To: House Environment and Natural Resources

     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 §§ 23-23-30.1 through 23-23-30.7, the following

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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) "Clean wood" means natural wood that has not been painted, stained, coated.

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preserved or treated with a chemical or synthetic substance, including, but not limited to, copper

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chromium arsenate, creosote, or pentachlorophenol. "Clean wood" does not include driftwood

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and does not include construction or demolition debris as defined in § 23-18.9-7(4). "Clean

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wood" does not include wood that contains glue or resins as in plywood or other composite wood

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products.

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     (3) "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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     (4) "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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     (5) "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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     (6) "Use" shall include the maintenance of a wood stove in an operable condition,

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

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

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wood pellets.

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     (8) "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, 2016 no permit may be issued for the installation of and no

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person shall 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, 2016, 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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     23-23-30.4. Limitations on allowable fuels. -- No person shall cause or allow any

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material to be burned in a wood stove except:

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     (1) Clean wood;

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     (2) Wood pellets made from clean wood;

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     (3) Manufactured logs recommended by the manufacturer for burning in a wood stove;

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     (4) Any other fuel approved by the director of the department of environmental

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management pursuant to duly-promulgated regulations.

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     23-23-30.5. Penalties. -- Any person violating §§ 23-23-30.3 or 23-23-30.4 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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     23-23-30.6. Enforcement. -- (a) The responsibility for the enforcement of §§ 23-23-30.1

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through 23-23-30.4 of this chapter shall be with the local municipal building inspector or such

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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 §§ 23-23- 30.3.

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or 23-23-30.4 of this chapter shall issue a notice of violation to the homeowner and send a copy

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

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

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violation notice to the prospective purchaser.

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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 §§ 23-23-30.3 or 23-23-30.4 of this chapter. The citation shall describe the violation and shall

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

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

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place on or about the premises in violation. If the violation is not corrected within thirty (30) days

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after service, the local building inspector or duly designated local building official may ask legal

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counsel of the municipality to institute appropriate proceedings in a court of competent

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

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     23-23-30.7. 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING HEALTH AND SAFETY -- AIR POLLUTION

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

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densely populated residential areas.

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     This act would take effect upon passage.

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