2013 -- H 5244

=======

LC00895

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING HEALTH AND SAFETY -- AIR POLLUTION

     Introduced By: Representatives Handy, Cimini, Lombardi, Gallison, and Almeida

     Date Introduced: February 05, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby

1-2

amended by adding thereto the following sections:

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

and allergies.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

indicates EPA certification and the date of manufacture.

1-18

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

1-19

following terms shall be construed as follows:

2-20

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

2-21

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

2-22

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

2-23

     (2) “Clean wood” means natural wood that has not been painted, stained, coated.

2-24

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

2-25

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

2-26

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

2-27

“Clean wood” does not include wood that contains glue or resins as in plywood or other

2-28

composite wood products.

2-29

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

2-30

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

2-31

to control the air to fuel ratio.

2-32

     (4) “Residential area” means any area where a single unit or multiple unit dwellings exist,

2-33

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

2-34

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

2-35

homes, assisted living facilities, and public housing.

2-36

     (6) “Use” shall include the maintenance of a wood stove in an operable condition,

2-37

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

2-38

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

2-39

wood pellets.

2-40

     (8) “Wood stove” means any device, other than a fireplace, designed or intended by the

2-41

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

2-42

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

2-43

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

2-44

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

2-45

burns only wood pellet fuel.

2-46

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

2-47

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

2-48

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

2-49

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

2-50

     (b) On or after January 1, 2014 no permit may be issued for the installation of and no

2-51

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

2-52

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

2-53

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

3-54

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

3-55

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

3-56

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

3-57

been installed in violation of this section.

3-58

     (d) On or after January 1, 2014, no property owner shall sell, rent, or lease or offer to sell,

3-59

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

3-60

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

3-61

which the products of combustion pass is at least:

3-62

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

3-63

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

3-64

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

3-65

material to be burned in a wood stove except:

3-66

     (1) Clean wood;

3-67

     (2) Wood pellets made from clean wood;

3-68

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

3-69

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

3-70

management pursuant to duly-promulgated regulations.

3-71

     23-23-30.5. Penalties. -- Any person violating sections 23-23-30.3 or 23-23-30.4 of this

3-72

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

3-73

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

3-74

     23-23-30.6. Enforcement. -- (a) The responsibility for the enforcement of sections 23-

3-75

23-30.1 through 23-23-30.4 of this chapter shall be with the local municipal building inspector or

3-76

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

3-77

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

3-78

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

3-79

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

3-80

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

3-81

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

3-82

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

3-83

the violation notice to the prospective purchaser.

3-84

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

3-85

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

3-86

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

3-87

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

3-88

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

4-1

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

4-2

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

4-3

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

4-4

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

4-5

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

4-6

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

4-7

     23-23-30.7. Common law rights preserved. -- The operation or use of a wood stove in

4-8

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

4-9

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

4-10

preserved.

4-11

     SECTION 2. This act shall take effect upon passage.

=======

LC00895

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING HEALTH AND SAFETY -- AIR POLLUTION

***

5-1

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

5-2

densely populated residential areas.

5-3

     This act would take effect upon passage.

=======

LC00895

=======