Clean-burning Rumford - Big fire - no smoke

Approved as an exception - the issue for Buckley Rumford Resolved.
There is still the larger issue for the industry

Buckley Rumford Co. Falsely Accused The Placer County Air District has threatened to fine the Buckley Rumford Co. up to $75,000 per day because we sold a Certified Masonry Rumford fireplace to a customer who had a building permit to build it. We had some discussions with the Air District, hired a law firm and tried to figure out what to do. We don't think we are guilty or violated any rules and we don't want to pay any settlement that implies guilt becaue that puts our customer, the homeowner, builder and mason, and maybe everyone in California who specifies or builds a masomry fireplaces, in jeaprody. Recently we got a second Notice of Violation (NOV) and we responded asking the District to withdraw the NOV. We are waiting to hear from them. On 10/20/23 we received a third Notice of Violation (NOV). Even more conciliatory and cut the penalty in half. See our notes. We still think we might win in court arguing that we were denied due proces and that in practice the Air Distyrict rules affecting masonry fireplaces are interpreted and enforced by the Building Department. But that would cost probably at least $50,000 more in leagal fees. We will see what supprort we may have from the industy and find out if we can file suit later if we pay this penalty.

There are two issues. The first is definding ourselves. The easy thing for us to do is pay the fine and get on with selling fireplaces where masonry fireplaces are not regulated. But we are not guilty and resent the fact that we have to have a lot of money to defend our Constitutional right to due process. And if we just pay the fine, will the District go after our customer, the builder and mason? More importantly, the harrassment and threats of big fines have got to be intimidating to builders, masons and dealers. The air district rules, not just in Placer County but in all the other California air districts, are overreaching and disingenuous amounting to a restraint of trade. Unfortunately our lawyer only wants to help by reducing our fine. I've tried to find a lawyer who would counter sue the Distecit or file a class action lawsuit but they won't even answer simple questions untill they are retained. One told me he thought a counter suit would cost six figures and he wouldn't even answere basic questions about due process or restraint of trade until we paid him $30,000. We plan to publicise the issue and ask for help. See below. If no one responds I guess I will pay the fine.

*******

Building Permit The Plan Certified Rumford Test Results Certified Rumford First NOV 3/22/23 Placer County Air District Rule 225 Second NOV 7/24/23 Response to Second NOV 8/20/23

Recent Correspondence Stoves, Fireplaces and Heaters Amend Rule 225 to Permit Rumford Fireplaces All Rumfords Burn Clean Third NOV 10/20/23 and Comment Issue Resolved - sort of Takeaway

Help Us Fight for Masonry Fireplaces

Want more information? Has your masonry fireplace business declined significantly? Have you been threatened or intimidated by an Air District? Have you stopped specifying, building or selling masonry fireplaces? Will you support us as a "Friend of the Court"? Are you interested in a Class Action lawsuit to recover your losses? Please support us financially to help pay our legal fees. Click here and let us know.

What's Wrong in Placer County
Existential Threat to Masonry Fireplaces
Legal Strategies
Back to Fireplace Emissions Regulations
Buckley Rumford Fireplaces
Copyright 1995 - 2023 Jim Buckley
All rights reserved.
webmaster