New Changes to include Fireplaces Proposed 2005
2006 Commission Hearing
REG4 fireplace proposal#1A8D8D
Reg 4 fireplace protocol#1A8D8E

From: "Tim Gablehouse"
To: "'Jim Buckley'"
Subject: FW: fireplace proposal
Date: Mon, 16 May 2005

I haven't looked at this yet, but wanted to get it to you ASAP as I am meeting with the state folks on Friday. Please give me questions and comments as soon as possible.

_______________
Timothy R. Gablehouse
Memo from David R. Ouimette, Colorado Dept. of Public Health and Environment attached*

Colorado Air Quality Control Commission
(Commission Members)

Colorado Air Quality Control Division
Margie Perkins, Executive Director
4300 Cherry Creek Dr. S.
Denver, CO 80222-1530
303 692 2000

Approved Woodburning Devices

Note: Below are reproduced only those parts of C which affect masonry fireplaces and masonry heaters.

Buckley Rumford fireplaces were approved in Colorado as "masonry heaters". The Rumfords met the 6 g/kg masonry heater performance standard with and without doors but the definition of a masonry heater in Regulation No. 4 would have forced us to burn only with glass doors closed and to add downward and/or horizontal flue gas pathways to the flue.

While we were trying to decide if we wanted to add doors and flue channels, the State of Colorado withdrew their approval (even though we met the performance standard) after a competator complained that the Rumfords were not tested "in the masonry heater configuration". We still have not decided what to do. We were invited to re-test with the doors and flue channels in place, but maybe we'd rather ask Colorado to revise Regulation No. 4 to make it fair for clean-burning fireplaces.

When tested with glass doors the Rumfords also met the EPA emission rate requirement listed in Section VIII. 6 which reads: "any other clean burning device approved by the Commission which meets the emission standard set forth in Section II.A."

Because a g/hr emission "rate" favors small stoves and is unfair to masonry fireplaces and masonry heaters with large combustion chambers which are fired periodically, what we'd really like is to amend Regulation No. 4 so that Section VIII. 6 reads: "any other clean burning device approved by the Commission which meets the emission standard set forth in Section II.A. (the 7.5 g/hr rate) or the emission standard set forth in Section IV. B. 2. (the 6 g/kg factor)." Then we could use the Rumfords as they were designed - without glass doors. Glass doors only serve to block most of the radiant heat output.

The complete Table of Contents of Regulation No. 4 is reproduced so you can see what's missing. - Jim Buckley 6/29/97

I. DEFINITIONS
II. REQUIREMENTS FOR THE SALE AND INSTALLATION OF WOOD STOVES
III. APPROVAL PROCEDURE FOR PELLET STOVES
IV. APPROVAL PROCEDURES FOR MASONRY HEATERS
V. ENFORCEMENT
VI. LIST OF APPROVED SOLID FUEL APPLIANCES
VII. HIGH POLLUTION DAYS
VIII. REQUIREMENTS FOR INSTALLATION OF FIREPLACES
IX. IMPLEMENTATION OF LOCAL CONTROL STRATEGIES
X. REFERENCES

I. DEFINITIONS

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12. "Masonry Heater" means an appliance designed for or capable of burning wood, capable of and intended for domestic space heating or domestic water heating, which meets the following criteria:
a. a factory-built or site-built wood burning appliance whose core is constructed primarily of manufacture-built, supplied or specified masonry materials (ie stone cemented aggregate, clay, tile or other non-combustible non-metallic solid materials) which weighs at least 800 kg;

b. The firebox effluent of the masonry heater travels horizontally and/or downward through one or more heat absorbing masonry duct(s) for a distance at least the length of the largest single internal firebox dimension before leaving the masonry heater;

For the purposes of this subparagraph:

i. Horizontal or downward travel distance is defined as the net horizontal and/or downward internal duct length, measured from the top of the uppermost firebox door opening(s) to the exit or the masonry heater as traveled by any effluent on a single pathway through duct channel(s) within the heater (or average of net internal duct lengths for multiple pathways of different lengths, if applicable). Net internal duct length is measured from the center of the internal side or top surface of a duct, horizontally or vertically to the center of the opposite side or the bottom surface for the same duct, and summed for multiple ducts or directions on a single pathway, if applicable. For duct channel(s) traversing horizontal angles of less than ninety degrees from the vertical, only the net actual horizontal distance traveled is included in the total duct length.

ii. The largest single internal firebox dimension is defined as the longest of either the length or the width of the firebox and the height of the firebox, measured from the hearth to the top of the uppermost firebox door opening(s).

c. The appliance has one or more air-controlling door(s) for fuel-loading which are designed to be closed during the combustion of fuel loads, and which control the entry of combustion air (beyond simple spark arresting screen(s) to one or more inlet(s) as prescribed by the masonry heater manufacturer;

d. The appliance is assembled in conformance with the underwriters' laboratories-listed and/or manufacturer's specifications for its assembly and, if the core is constructed with a substantial proportion of materials not supplied by the manufacturer, is certified by a representative of the manufacturer to be substantially in conformance with those specifications.

f. The appliance has a label permanently affixed to the appliance identifying its manufacturer and model.

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A. No person shall advertise to sell, offer to sell, sell or install a masonry heater unless it has been designated as an approved masonry heater in accordance with this Section IV.

B. On or after the effective date or this regulation, a manufacturer or builder of a masonry heater who wishes to have a model or design designated as an approved masonry heater, shall submit to the Division for its review the following information:

1. Manufacturer and model identification and specifications and drawings of the firebox and duct system.

2. Field test results which have been conducted by an EPA-accredited laboratory, showing "in-home" field test particulate emission levels for that model or design of masonry heater of less than 6.0 grams per kilogram.

3. A letter by the laboratory president verifying: (1) the information required in Section IV.A.1; (2) that methods used were conducted according to procedures audited by the EPA; and (3) verifying that the masonry heater model or design meets the specifications of the masonry heater definition of this regulation.

C. Within twenty (20) working days after receipt of an application for approval, the Division shall notify the applicant if the application is complete. Within thirty (30) working days after the receipt of a complete application, the Division shall notify the applicant whether the application satisfies all the requirements for approval.

D. If the Division denies approval, the Division shall notify the applicant in writing of the opportunity for a hearing before the Commission pursuant to Section 24-4-104 (9) C.R.S.

E. The division shall grant approval if all information required by Section IV is submitted, the masonry heater model is a masonry heater within the definition of this regulation and test results pursuant to Section IV.B.2 do not exceed 6.0 grams per kilogram.

F. The Division may grant approval for a masonry heater model which has not been tested pursuant to Section IV.B.2 upon submission of the following information by the applicant:

1. Manufacturer and model identification and specification and drawings of the firebox and duct system.

2. Documentation from the president of an EPA-accredited laboratory that the model is a masonry heater within the definition of this regulation, has substantially the same core construction as a model already approved and is substantially similar to the approved model in firebox and duct design, combustion function and probable emissions performance.

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A. On and after the effective date of this regulation no person shall install any fire place in any dwelling in the area defined in Section VII.A. unless it is one of the following:
1. a gas appliance
2. an electric device
3. a fireplace insert that meets the requirements set forth in Section II.A.
4. an approved pellet burning fireplace insert.
5. an approved masonry heater.
6 any other clean burning device approved by the Commission which meets the emission standard set forth in Section II.A.

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COMMENTARY by Jim Buckley, 1996

Colorado has accepted a 6 grams per kilogram standard, which is a little tougher than the 7.3 grams per kilogram equivalency of the EPA Phase II Stove standard of 7.5 grams per hour. Colorado was the first state to accept a grams per kilogram emissions standard which is much more fair for masonry fireplaces and masonry heaters which tend to have large combustion chambers but are fired periodically or occasionally rather than continuously.

The Masonry Heater Association was instrumental in getting the Colorado standard approved and so the standard only applies to "masonry heaters" as defined in the regulation.

Basically, the definition of a "masonry heater" (definition 12 above) requires that there be one or more tight-fitting doors and masonry flue ducts with a horizontal and/or downward component at least as long as the largest internal firebox dimension.

There also seems to be a way fireplaces might be approved in Section VIII.6, but the emission standard specified is a grams per hour rate rather than a grams per kilogram factor.

Buckley Rumford Fireplaces are clean-burning even without doors and efficient even without horizontal or downward ducts but we have promised we will only build Buckley Rumford fireplaces in Colorado "in the masonry heater configuration" which complies to the letter of the regulation. However....

We think clean-burning and efficient Rumford fireplaces should be judged on performance alone and not be subject to inappropriate and innovation limiting definitions. We are happy to be approved as a "masonry heater" but high intensity radiant heating Rumfords are not "masonry heaters" as that term is general understood and we will be working to amend Regulation No. 4 to either eliminate the restrictive masonry heater definition or add an equivalent grams per kilogram standard to Section VIII.6.

UPDATE, December 27, 1999

In three years nothing has happened at the state level with Regulation #4. We participated in a "Critical Review Team" in 1998 that went nowhere. Margie Perkins, Director of the Air Pollution Control Division never acknowledged my letter to her in August of 1998 and we continued to get approved or denied county by county in the mountains. The last county to approve Rumfords was Grand County and Gary Finiol at the state level was helpful in providing letters that confirmed some of this history of Rumford approval/disapproval at the state level.

Numerous people, including the Grand County Commissioners, Gary and our own lawyer, have urged us to "play along" and just put the zigzags in the flue that would qualify our Rumford as a "masonry heater" according to Regulation #4, so when we had the opportunity to do some more testing we did build a "Rumford-Colorado Masonry Heater". At the eleventh hour, however, Paul Tiegs at OMNI cautioned us:

Jim

Just a note to let you know that I just got a message back from Gary Finiol (the Colorado guy). He says that their present interpretation of the rule stands as "in-field testing" is not testing in, at, around, or under a "laboratory". The in-field testing requirement of Regulation 4 is in their words "in a residential/home" setting. They know there is no "laboratory" or even "in-field" definitions provided in the regulation, but as in a lot of these kinds of situations, they also know it takes a lot of time and money (items of which no one has enough of especially in this industry) to challenge their interpretation .

Paul Tiegs
paultiegs@omni-test.com
http://omni-test.com

As it has always said, "in-home field testing" is required by the regulation. Nothing has changed to modify that requirement. I guess you will have to do it that way to meet the bureaucratic requirements.

On and on....... I should keep my blood pressure under control but this is just stonewalling and another example of patently unfair and unequal enforcement of the rules in the hopes that we will go away.

Stay tuned.

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