Bay Area Regulation 6
Also on BAAQMD Website
Effective January 1, 2009
But two years after the effective date no fireplace has been approved and
Regulation 6 is used as a ban in the guise of administrative "delay."
See Convoluted Tangle of Rules and Press Release
|
Update 4/10/10 With the Bay Area still not approving any of the EPA qualified fireplaces we have decided to promote Rumfords with installed gas logs which are permitted by Regulation 6:
6-3-303 - Criteria for Sale, Resale or Installation of Wood-burning Devices: Effective January 1, 2009, no person shall sell, offer for sale or resale, supply, install, or transfer a new or used wood-burning device intended for use within District boundaries unless it is one of the following: 303.1 303.2 303.3 A U.S. EPA Phase II certified wood-burning device; A pellet-fueled device; A low mass fireplace, masonry heater or other wood-burning device of a make and model that meets EPA emission targets and has been approved in writing by the APCO. This requirement does not apply if a wood-burning device is an installed fixture included in the sale or transfer of any real property. Any gas-fueled heating device or electric-powered heating device is allowed under this standard. 6-3-304 - Criteria for Wood-burning Devices in New Building Construction: Effective for construction permits issued after January 1, 2009, no person or builder shall commence construction of a new building or structure permitted to contain or containing a wood-burning device or install a new wood-burning device resulting from a remodel unless the device meets the requirements of Section 6-3-303. Any gas-fueled heating device or electric-powered heating device is allowed under this standard.
Update 3/16/09
Eric Pop
Eric recommends we get on EPA list of approved fireplaces. Even then we would have to apply to BAAQMD for approval under "third category" (other wood-burning device) since Reg 6 only recognizes the ASTM standard for low mass fireplaces. Perhaps we should lighten up and test as a low mass fireplace.
************
Initial Reaction 10/25/08
Thanks to a customer, we learned about the Bay Area Air Quality Management District (BAAQMD) Regulation 6 on October 25, 2008.
Here's what we are planning to do about it:
The Bay Area Air Quality Management District (BAAQMD) new Regulation 6 references ASTM E2558 - which is good - but they only mention "Low Mass" fireplaces - which excludes masonry fireplaces which are also covered by E2558.
Therefore we recommend that BAAQMD change "Low Mass" to "Low Emissions" in Section 6-3-208 and eliminate the language "that can be weighed (including the weight of the test fuel) on a platform scale". Also in Section 6-3-303 to change "Low Mass" to "Low Emissions".
303.1 A U.S. EPA Phase II certified wood-burning device;
303.2 A pellet-fueled device;
303.3 A low mass fireplace, masonry heater or other wood-burning device of a
make and model that meets EPA emission targets and has been approved in
writing by the APCO.
This requirement does not apply if a wood-burning device is an installed fixture
included in the sale or transfer of any real property. Any gas-fueled heating device or electric-powered heating device is allowed under this standard.
Jim Buckley, 10/25/08
****************
Date: 1/28/09
Rich,
Thanks. Yes, we are aware of the new rules and have been talking with Eric Pop at the BAAQMD, who I think wrote Regulation 6. In the document you cite at http://www.baaqmd.gov/dst/regulations/rg0603.pdf besides the "EPA Phase II" language you noticed, is this section:
Anyway, Eric Pop seemed to be open to our claim that masonry fireplaces, tested to the same standard as metal fireplaces, should be included. Meanwhile, since it might take a year to modify the "low mass" and scale requirement language, Eric suggested we apply for approval as an "other wood-burning device" mentioned in Section 303.3.
Eric did request that the EPA endorse or confirm that masonry fireplaces should be included in their "voluntary fireplace standard" and we are still working on that. Gil Wood of the EPA is concerned about how we will assure him or the local regulators that a fireplace built in the field will be just like the one we tested in a test lab. It's a reasonable question since paper trails and audits will be more difficult in the field than in a metal fireplace manufacturing facility but we have been doing it for ten years in Washington, Colorado and parts of California so we think that problem is resolvable. We have a meeting with Gil about that issue at the Hearth Products Expo in Reno on March 21.
So we are a little behind but fully expect to be approved soon. Maybe you can pursue the remodel tactic or get permits in the interim subject to installing gas logs if we are not approved in time for the final inspection.
I have copied Eric Pop. Maybe he will shed some light or add some advice. Or maybe you can contact him directly. Please keep me posted.
Warm Regards,
At 5:31 PM -0800 1/27/09, Richard Perlstein wrote:
To Jim Buckley- following is a synopsis of my conversations with the BAAQMD regarding their new regulations that essentially ban new masonry fireplaces in the greater Bay Area. Are you familiar with this? Any advice would be appreciated. Thank you.
Richard Perlstein AIA
Polsky Perlstein Architects
Begin forwarded message:
From: Richard Perlstein
Here's what I've learned about fireplaces:
For the nine county Bay area Air Quality Management District (BAAQMD) jurisdiction, there are new rules in place which trump local rules:
http://www.baaqmd.gov/dst/regulations/rg0603.pdf
For new construction the only interior wood- burning units allowed must be EPA Phase II certified. Equivalent doesn't count, which is how we've been using the Rumford kits these past several years- it has to do with the arcane way in which the EPA measures the particulate rate of creation (grams/ hour), in contrast with how the masonry Rumfords were evaluated, using grams of particulate created per kg of wood.
Exterior (they call them "recreational") fireplaces are (at least for now) exempt, except for on Spare the Air nights when no wood should be burned.
For Conacher, this means that we must preserve the existing fireplace and foundation, and David W. I suggest that we get Mel to commit that this is OK to do, and soon. The guy that I spoke to at BAAQMD suggested that local jurisdictions would be making their own decisions for now as to what could be considered remodel or new construction, what should be allowed in this respect. Eventually I'm sure that this will be codified as well.
Rich
Richard Perlstein AIA
|
Fireplace Emissions
Buckley Rumford Fireplaces
Copyright 1995 - 2011 Jim Buckley
All rights reserved.
webmaster